CITY OF POMONA
COUNCIL REPORT
December 5, 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 AN ORDINANCE AWARDING NON-EXCLUSIVE TOWING FRANCHISES FOR CITY-INITIATED TOWS TO FOUR (4) FRANCHISES RECOMMENDATION:
It is recommended that the City Council take the following actions:
Open the public hearing and after receiving testimony and public comment, close the public hearing; and Introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4325 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AWARDING NON-EXCLUSIVE TOWING FRANCHISES FOR CITY-INITIATED TOWS TO SANDERS TOWING INC., S & J TOWING SERVICE, INC., CARPE CARMA, L.L.C., dba POMONA VALLEY TOWING, INC., AND AL & SON’S TOWING, INC. FOR A TERM OF THREE YEARS EXECUTIVE SUMMARY:
It is recommended the City Council approve the award of three-year franchise agreements to the identified four tow companies for city-initiated tows.
FISCAL IMPACT:
General Fund revenue from Franchise Fees for Fiscal Year (FY) 2021-22 was $130,850. It is estimated that the City will receive $125,000 for FY 2022-23. It is anticipated that Franchise Fees for City initiated tows, at the rate of $50 per tow, will generate an estimated $130,000 up to $150,000 in FY 2023-24 through FY 2024-25.
PUBLIC NOTICING REQUIREMENTS:
A public hearing notice was submitted to the Inland Valley Bulletin to be published on November 21, 2022, noticing the December 5, 2022 Public Hearing (Attachment No. 1).
PREVIOUS RELATED COUNCIL ACTION:
On November 21, 2022 the City Council adopted Resolution No. 2022-177 (Attachment No. 2), declaring its intent to grant three-year non-exclusive towing franchises for city-initiated tows and setting the Public Hearing to introduce a Towing Franchise Ordinance on December 5, 2022.
DISCUSSION:
On August 11, 2022, a Request for Qualifications (RFQ) was prepared and posted on the City’s website. The RFQ was sent to sixteen (16) tow service companies; thirteen (13) of those companies downloaded the RFQ, and six (6) of those submitted bids. Of the six bids received, one failed to meet the minimum qualifications listed in the RFQ. The following five (5) bidders met the minimum requirements listed in the RFQ and were forwarded to the Pomona Police Department Traffic Services Bureau for inspections: Al & Son’s Towing Inc., Carpe Carma, L.L.C. dba Pomona Valley Towing, Inc., Edwin’s Towing, Inc., S & J Towing Service, Inc., and Sanders Towing, Inc. All five companies submitted complete proposals by the deadline of September 8, 2022.
Each proposal was reviewed for completeness and qualifications, and an inspection of each tow yard was conducted by Police Traffic Services Bureau Personnel (“Personnel”). Al & Son’s Towing, Inc., Carpe Carma, L.L.C. dba Pomona Valley Towing, Inc., S & J Towing Service, Inc., and Sanders Towing, Inc. met the requirements of the City’s franchise ordinances and passed inspection; however, Edwin’s Towing, Inc. failed to meet the requirements and failed the inspection.
During review of the responsive companies’ Conditional Use Permit Status, Personnel received information from the City’s Developmental Services Department that Al & Son’s Towing, Inc. had been in violation of their Conditional Use Permit since 2013. Their Conditional Use Permit requires them to landscape the front of the business that is presently paved and marked as their customer parking lot. The original CUP investigation reference number is 13-2708; the newer investigation reference number is CE-010611-2019. The company passed the Facility Compliance Inspection requirements; however, compliance with the conditions defined in the Conditional Use Permit would eliminate their customer parking area, and result in a failed inspection. All other applicants are in compliance of their Conditional Use Permits.
Historically the Police Department has operated with three tow companies providing city-initiated towing services. Increasing to four tow franchises should improve response times and ensure that the city has the resources available to address and properly respond to large scale incidents and accidents.
Staff recommends adopting proposed Ordinance No. 4325 (Attachment No. 3) awarding to the top four ranked companies: Sanders Towing, Inc., S & J Towing Service, Inc., Carpe Carma, L.L.C., dba Pomona Valley Towing, Inc., and Al & Son’s Towing, Inc. non-exclusive towing franchises for City-initiated tows for the contract term of January 19, 2023 through January 18, 2026 Pursuant to PCC§ 56-678 the initial term of the proposed towing franchise agreements may be extended for an additional term of one to three years. Any extensions to the agreements will be brought to the City Council for consideration at the appropriate time.
City Council, as allowed by Section 58-678 of the City Code, extended the three existing franchise agreements for City-initiated tows with S & J Towing Service, Inc., Carpe Carma, L.L.C., dba Pomona Valley Towing, Inc, and Sanders Towing, Inc. until proposed Ordinance No. 4325 becomes effective. The effective date will be thirty (30) days after the second reading and adoption of the ordinance. During the extension period, all terms and conditions of the franchise agreements approved by Ordinance No. 4272 shall remain in full force and effect.
Prepared by:
_____________________________
Robert Scheppmann
Police Sergeant
ATTACHMENT(S):
Attachment No. 1 – Notice of Public Hearing
Attachment No. 2 – Resolution No. 2022-177
Attachment No. 3 – Proposed Ordinance No. 4325
First Reading of Ordinance Awarding Non-Exclusive Towing Franchises for City-Initiated Tows