I � k■► ��
!221//WE\
1 >2 $ L} $ .
?#: 2#«#1±■ c that .«•J. July, 2021.
On August 02 the City of Downey en out . notice for Request forFormal Proposals (RFP) for . «,» franchise Management° 2;:« evaluated the proposal as,.««>ed in >
We RFP.
In accordance with Downey City Charter Section 1403, a public hearing <newspaper.
REQUEST TO APPROVE PUBLIC HEARING DATE AND TIME FOR GRANTING OF TOWING
AND STORAGE SERVICES FRANCHISE
MARCH 14, 2023
PAGE 2
Lei III 0" ► •
FISCAL IMPACT
ATTACHMENT
F - *- •
9: 1.4KIOWAIII01 me i
i rr • � - r • J Al oe
r r i •: • i
WHEREAS, pursuant to California Vehicle Code section 22660, the City of Downey has the authority to grant a franchise to a tow truck operator for towing and storage services required for the abatement and removal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property within the boundaries of City;
WHEREAS, California Vehicle Code section 12110(b) allows the City of Downey to require a fee in connection with the award of a franchise for towing vehicles on its behalf provided that the fee does not exceed the amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with the towing program; WHEREAS, Chapter 12 of Article VI of the Downey Municipal Code establishes a Towing Service Franchise Program which authorizes the City Council to grant, at its discretion, a nonexclusive franchise to one or more tow truck operators to provide towing and storage services to the Downey Police Department and to charge a franchise fee pursuant to a franchise agreement;
WHEREAS, on August 31, 2022, the Downey Police Department, at the direction of the Police Chief, issued a Request for Proposal for towing and storage services; WHEREAS, the Downey Police Department, along with the Police Chief, have evaluated the qualification of the tow truck operator that submitting its proposal, Titan Transportation, and will forward to the City Council for consideration the qualifications of the tow truck operator together with franchise agreements at a public hearing on the date and time set by this Resolution; and
WHEREAS, such franchise agreements will be for a term of three years commencing on March 28, 2023; and
WHEREAS, the franchise agreements contain, at minimum, the following:
(a) Storage yard facility requirements;
(b) Tow truck and tow service -related equipment requirements; (c) Standards and criteria for the handling and safeguarding of vehicles in the care and custody of the tow truck operator;
(d) The terms and conditions of release or disposal of vehicles; (e) Establish maximum allowable rates and charges for towing and storage of vehicles;
(f) Tow truck driver qualification and training standards; (g) Standards for the keeping, maintaining and disclosure of records and reports by the tow truck operator;
(h) The term of the franchise agreement;
(i) The conditions of a franchise's suspension, termination or nonrenewal; and 0) An indemnification provision and minimum insurance coverage requirements WHEREAS, the franchise fee charged to the tow truck operators under the franchise agreement will be twenty (20) percent which fee does not exceed the amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with the towing program; and
/_N 11 f_TSl:I �14►11 r_1
WHEREAS, the City Council may, in its sole and absolute discretion, approve, deny or condition the approval of any such request.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY • AS FOLLOWS:
SECTION 1. That consistent with the provisions of the Downey Municipal Code Article VI Chapter 12, it is the intention of the City Council of the City of Downey to grant a franchise agreement for towing and storage services for the Downey Police Department.
SECTION 2. Notice is hereby given that on March 28, 2023 at 6:30 p.m. in the Council Chambers of Downey City Hall located at 11111 Brookshire Avenue, Downey, California, all interested persons may appear before the City Council and be heard concerning the granting of this franchise and all other matters relating thereto. Protests stating objections against the granting of the franchise may be in writing and must be filed with the City Clerk prior to the conclusion of the hearing.
SECTION 3. The City Clerk shall cause notice of the hearing to be given by causing the notice to be posted and published in a newspaper of general circulation.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 14 th day of March, 2023.
CLAUDIA M. FROMETA, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting thereof held on the 14 1h day of March, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN,
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk