CITY OF POMONA
COUNCIL REPORT
July 18, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Michael Ellis, Chief of Police
SUBJECT: INTRODUCTION AND FIRST READING OF PROPOSED ORDINANCE AMENDING POMONA CITY CODE SECTIONS 58-676 (18) AND 58-679 (A) AND (B) PERTAINING TO EQUIPMENT REQUIREMENTS AND THE ROTATION SYSTEM FOR CITY TOW FRANCHISEES RECOMMENDATION:
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance (Attachment No. 1):
ORDINANCE NO. 4318 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING POMONA CITY CODE SECTIONS 58-676 (18) AND 58-679 (A) AND (B) PERTAINING TO EQUIPMENT REQUIREMENTS AND THE ROTATION SYSTEM FOR CITY TOW FRANCHISEES EXECUTIVE SUMMARY:
The current language pertaining to required equipment for city tow franchisees does not require the franchisees to have vehicles capable of “heavy-duty” towing. The current language also allows city tow franchisees to refuse response and forfeit their position in the tow rotation. Staff is recommending that the City Code be amended to require city tow franchisees to have vehicles capable of “heavy-duty” towing, that a second rotation system be created for “heavy-duty” tows to ensure equity amongst city tow franchisees, and that the option to refuse response and forfeit rotation position be removed.
FISCAL IMPACT:
No Fiscal Impact at this time.
PUBLIC NOTICING REQUIREMENTS:
No public noticing is required for this council item.
PREVIOUS RELATED ACTION:
On October 21, 2002 the Council adopted Ordinance No. 3695 to amend the Pomona City Code to provide for and specify the means for the City to attain the best tow truck services for the City, establishing the Tow Service Franchise.
On June 17, 2013, the Council adopted Ordinance No. 4171 which reduced storage requirements from 200 to 100 vehicle spaces for towing franchises, clarified that vehicles must be stored and released from the same location as the tow operators’ office, and continued to require that the office and storage yard shall have operated for at least two calendar years prior to applying for and obtaining a franchise.
On October 21, 2013, the Council adopted Ordinance No. 4176 which further reduced storage requirements from 100 to 75 vehicle spaces for towing franchises, and amended the requirement that franchisees must have been operating in the City for a minimum of two years. The adoption of this amendment changed the requirement to operation as a vehicle tow and storage provider for a minimum of four consecutive years within California, or operation as a contracted tow and storage provider for a public agency for a minimum of two years.
To date, no amendments have been adopted related to equipment requirements or the tow rotation established in 2002.
ENVIRONMENTAL IMPACT:
No known Environmental Impact at this time.
DISCUSSION:
The City of Pomona has received increasing complaints regarding the stopping, parking, and storage of large vehicles, including recreational vehicles, on City streets. These vehicles create a safety hazard for both motorists and pedestrians as these tend to block lines of sight, impair motorist and pedestrian visibility, and reduce the travel widths along City streets. The presence of these vehicles also leads to biohazardous contamination, illicit activity, and negatively impacts the quality of life for Pomona residents and visitors. Ordinance No. 4315 was introduced to amend Chapter 58, Article V, of the Pomona City Code to add Division 2.5, “Large-Vehicle Parking Regulations”, in an effort to ensure adequate parking for residents of the City, to increase the safety of public streets, and to regulate the parking of large vehicles on City streets.
Large and/ or heavy vehicles, including recreational vehicles (“RV”), require the use of tow equipment designed for “heavy-duty” towing; these include, but are not limited to, heavy-duty wreckers or heavy-duty tilt trailers. There is presently no requirement in the current language of Pomona City Code 58-676 (18) that requires any of the franchise tow operators to possess a heavy-duty wrecker or heavy-duty tilt trailer capable of towing these vehicles.
The process for the disposition of unclaimed large vehicles, specifically dilapidated recreational vehicles, is an involved and drawn-out process for our tow franchise operators. The tow franchise operator must first secure the RV on their lot, which takes extra storage space due to the size. The “tanks” of the RV must then be drained and/ or sealed to prevent hazardous contamination caused by human waste present in the tanks. If the RV is not recovered by its owner, the tow franchise operator starts the several weeks’ long lien process to be able to release the vehicle from their possession through auction. Many of these vehicles do not sell at auction, and are given away or scrapped at the tow franchise operator’s expense. This process understandably places burden on our tow franchise operators, and has led to tow franchise operators refusing to respond to tow RVs for the Police Department. Out of the City’s three tow franchise operators, only one regularly responds to tow RVs; one will respond a majority of the time, and the third will not respond on the claim that they do not have sufficient equipment to tow large vehicles. On one known occasion, all three tow companies refused to respond to tow an RV.
This inequitable distribution of undesirable vehicles amongst the City’s tow franchise operators, and the proposed adoption of Ordinance No. 4315, necessitates updating the Conditions and Rotation System for City tow service franchises as defined in Article VIII of the Pomona City Code. Adopting the proposed amendments to Pomona City Codes 58-676(18) and 58-679(a) and (b) will promote a more equal distribution of burdensome vehicles amongst City tow franchise operators by requiring equipment capable of safely completing such tows, requiring response, and creating a separate tow rotation for large vehicles to promote more equal distribution. Adoption of these amendments will also facilitate Ordinance No. 4315.
Prepared by:
_____________________________
Robert Scheppmann
Police Sergeant
ATTACHMENT(S):
Attachment No. 1 – Proposed Ordinance No. 4318
Attachment No. 2 – Presentation
Amendments to City Code Pertaining to Tow Franchises