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 F RANCHISES FOR CITY -
INITIATED TOWS TO FOUR (4) FRANCHISES
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1) Open the public hearing and after receiving testimony and public comment, close the public hearing; and
2) 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 Coun cil 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 F iscal Year (F Y) 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 ATTACHMENT NO. 2
First Reading of Ordinance Awarding Non-Exclusive Towing Franchises for City-Initiated Tows
for City initiated tows, at the rate of $50 per to w, 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; h owever, Edwin’s Towing, Inc. f ailed 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 new er 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.
First Reading of Ordinance Awarding Non-Exclusive Towing Franchises for City-Initiated Tows
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
ATTACHMENT NO. 1
CITY OF POMONA
NOTICE OF PUBLIC HEARING
EXTENSION OF NON-EXCLUSIVE TOWING FRANCHISE FOR
CITY-INITIATED VEHICLE TOWS
NOTICE is hereby given that the City Council of the City of Pomona will conduct a public hearing for the awarding of four (4) non-exclusive towing franchises for City-initiated vehicle tows as follows:
Project Description: Pursuant to Pomona City Code section 58 -672, the City Council intends to adopt an ordinance awarding Non-Exclusive Towing Franchises for City - Initiated Tows to S & J Towing Service, Inc., Carpe Carma, L .L.C. dba Pomona Valley Towing, Inc. ; Sanders Towing, Inc., and Al & Son’s Towing, Inc. The awarding of the four (4) Towing Franchises shall be for a term of three (3) years. The terms and conditions of the franchise agreements are on file with the City of Pomona City Clerk’s Office located at 505 South Garey Avenue, Pomona, California.
Meeting Date: December 5, 2022
Location & Time: Pomona City Council Chambers located at 505 South Garey Avenue in the City of Pomona, California. The City Council meeting is scheduled to commence at 7:00 p.m.
Public Notice
Any interested individual may appear in person or by agent at the City Council hearing and be heard on any matter relevant to such proceedings. In addition to the proposed franchise agreements, which are currently on file in the City Clerk’s Office at Pomona City Hall, the agenda report on this matter will be available in the City Clerk’s Office on or about November 29, 2022. Please call the City Clerk’s Office at (909) 620-2341 with any questions you may have regarding this matter.
PLEASE NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raise at the public hearing described in this notice, or in written correspondence delivered to the City of Pomona, Office of the City Clerk at, or prior to, the public hearing.
Para Información en Español llame: (909)620-2341.
Rosalia A. Butler, MMC
City Clerk
Publication Date: Monday, November 21, 2022
ATTACHMENT NO. 2
RESOLUTION NO. 2022-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, DECLARING ITS INTEN T TO GRANT
THREE-YEAR NON -EXCLUSIVE T OWING FRANCHISES FOR
CITY-INITIATED TOWS AND SETTING THE PUBLIC HEARING TO
INTRODUCE A TOW FRANCHISE ORDINACE
WHEREAS, there are currently three tow companies that have non -exclusive towing franchise agreements with the City to provide vehicle tow and storage needs for City -initiated tows, which will expire January 2, 2023;
WHEREAS, Article XIII of the Pomona City Charter sets forth the process for awarding franchises;
WHEREAS, Article VIII of the Pomona City Code , Section 58 -676 sets forth the eligibility criteria, length of Tow Service Franchises and other requirements for non-exclusive franchises for City-initiated tows;
WHEREAS, on August 11, 2022, the City of Pomona Finance Department posted a Request for Qualifications from qualified towing companies wishing to be considered for award of a Non-Exclusive Franchise for City-Initiated Tows;
WHEREAS, proposals were submitted by six (6) towing companies, four (4) of which meet the minimum requirements as set forth in Pomona City Code Section 58-676;
WHEREAS, historically, the City has maintained non-exclusive franchise agreements with three (3) tow operators to meet the City’s towing needs;
WHEREAS, based on the City’s current demands for tow services, the Police Chief has recommended that the City Council award three -year Non-Exclusive Towing Franchises for City-initiated Tows to the following qualified tow operators for a term of three years, with up to three extension options for terms from one (1) year up to three (3) years:
S & J Towing Service, Inc.
Carpe Carma, LLC, d.b.a. Pomona Valley Towing, Inc.
Sanders Towing, Inc.
Al & Son’s Towing, Inc.
WHEREAS, a notice of setting the public hearing to introduce an ordinance set for December 5, 2022 , at 7:00 p.m. in the Pomona City Council Chambe rs located at 505 S.
Garey Avenue, Pomona, CA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1 . That th e City Council hereby declares its intent to introduce an ordinance to grant three-year Non-Exclusive Towing Franchises for City-Initiated Tows to S & J Towing Service, Inc. , Carpe Carma, LLC, d.b.a. Pomona Valley Towing, Inc., Sanders Towing, Inc., and Al & Son’s Towing, Inc. at a public hearing to be held on December 5, 2022, at the Pomona City Council Chambers located at 505 S. Garey Avenue, Pomona CA.
SECTION 2. That the City Council will consider public comment s and testimony at the public hearing prior to granting the proposed three -year, Non-exclusive Franchises for City-Initiated Tows. The proposed Franchise Agreements are available for review at the Office of the City Clerk.
SECTION 3. That the City Council, as allowed by Section 58 -678 of the City Code, extend the three current Franchise Agreements for City -Initiated Tows with S & J Towing, Inc. Sanders Towing, Inc., and Carpe Carma, L.L.C. dba Pomona Valley Towing, Inc. u ntil the proposed ordinance officially awarding the non -exclusive towing franchises becomes effective, which is thirty (30) days after second reading and adoption of said ordinance.
During the extension period, all terms and conditions of the current Fran chise Agreements approved by Ordinance No. 4272 shall remain in full force and effect.
SECTION 4. The City Clerk shall attest and certify to the approval and passage of this resolution, and it shall be effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 21st day of November, 2022.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on November 21 , 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT NO. 3
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
WHEREAS, Article XIII of the Pomona City Charter sets fo rth the procedure for the award of franchises;
WHEREAS, Chapter 58 (Traffic and Vehicles) , Article VIII (Tow Service Franchises) , of the Pomona City Code (PCC) sets forth the eligibility criteria and procedure s specific to awarding non-exclusive towing franchises for City-initiated tows;
WHEREAS, a Request for Qualified Proposals for award of Non -Exclusive Towing Franchises for City -Initiated Tows was posted by the City of Pomona Finance Department on August 11, 2022;
WHEREAS, four (4) qualified tow operators were recommended to the City Council for award of franchises;
WHEREAS, on November 21, 2022, Council adopted Resolution No. 2022-177 stating the Council’s intent to conduct the public hearing on December 5, 2022, and award three-year non-exclusive towing franchises for City-initiated tows to Sanders Towing Service, Inc., S & J Towing Service, Inc., Carpe Carma, L .L.C., dba Pomona Valley Towing, Inc., and Al & Son’s Towing, Inc.;
WHEREAS, a notice of public hearing for the award of the three -year non -exclusive franchises for City -initiated tows has been published in the Inland Valley Daily Bulletin setting the time and date of the p ublic hearing for December 5, 2022, at 7:00 p.m. in the Pomona City Council Chambers.
WHEREAS, on December 5, 2022, the Council introduced Ordinance No . 4325 for the award of three-year, non-exclusive towing franchises for City-initiated tows;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pomona as follows:
SECTION 1 . That in accordance with Pomona City Charter Article XIII , which sets forth the procedure for approving franchises, a duly noticed public hearing has been conducted in consideration of awarding three-year non-exclusive towing franchises for City-initiated tows to Sanders Towing, Inc., S & J Towing Service, Inc. , Carpe Carme, LLC, dba Pomona Valley Towing, Inc., and Al & Son’s Towing, Inc.
ATTACHMENT NO. 3
SECTION 2. Pursuant to the pr ovisions set forth in the Pomona City Code, Chapter 58 (Traffic and Vehicles), Article VIII (Tow Service Franchises), three-year non-exclusive towing franchise for City -initiated tows is hereby awarded 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. are hereby approved , subject to the terms and conditions of the non -exclusive franchise agreements.
SECTION 3. Tha t the City Manager is hereby authorized to execute the non-exclusive franchise agreements for City-initiated tows.
SECTION 4. The City Clerk shall certify to the adoption of this ordinance, causing it to be posted as required by law, and it shall thereupon become effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2022.
CITY OF POMONA:
_____________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced fo r first reading at a regular meeting of the City Council of the City of Pomona held on December 5 , 2022 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on December 19, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Rosalia A. Butler, MMC
City Clerk