REPORT TO THE CITY COUNCIL
FROM: PACO BALDERAMA, Chief of Police
Police Department
BY: MINDY CASTO, Police Deputy Chief
Support Division
SUBJECT
Title
***BILL B-31 (Intro’d August 24, 2023) (For Adoption) -Amending Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to police department dispatching of tow trucks. (Subject to Mayor’s Veto)
Body
RECOMMENDATION
It is recommended the council amend Article 17, Chapter 9, Sections 9-1702, 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712, 9-1713 of the Fresno Municipal Code (“FMC”) to change police department tow rotation agreements from Non-Exclusive Franchise Agreements to Non-Professional Service Agreements. Other changes include language to allow the Chief or designee to add a tow operator at any time and allow the City or tow company the right to terminate the agreement for no cause upon 30-day written notice.
EXECUTIVE SUMMARY
Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code classifies tow agreements between private tow operators and the police department as “Non-Exclusive Franchise” agreements. This classification will need to be replaced with “Non-Professional” as it relates to tow agreements. This change will be reflected in future tow agreements.
Article 17, Chapter 9, Section 9-1707(f) of the FMC currently allows the City to add tow truck companies to the Fresno Police Department tow truck rotation list only if there are less than twenty companies on the rotation list. There are currently 23 tow companies on the rotation list. Article 17, Chapter 9, Section 9-1707(f) will be amended to allow for additional companies to be added by the Chief of Police or designee at anytime if it is determined there is a need to better serve the community.
Article 17, Chapter 9, Section 9-1712 of the FMC will be amended to add sub section A, stating that a tow truck owner or company does not have the right to appeal the City’s decision to terminate the Non-Professional Tow Agreement when given a written 30-day notice.
The proposed changes to Article 17, Chapter 9 of the FMC have been reviewed and approved by the City Attorney’s office.
BACKGROUND
Franchise agreements are generally reserved for utility services. Shifting to a non-professional services model is consistent with how other cities handle police tow services and will provide the City the added flexibility of being able to terminate as needed.
The proposed changes to Article 17 Chapter 9 of the FMC will give the City the ability to make changes as the needs arise to better serve the community. The recommendations will be mirrored in any future tow agreements. We are currently in the middle of a final extension of the current Non-Exclusive Franchise Tow Service Agreement and if the recommendations are adopted, the City will have the ability to terminate the agreement in 30 days with written notice. The proposed changes do not affect the day-to-day tow process, and tow operators will continue to be on a rotational list. Due to the needs of the police department, it is necessary to have a special rotational tow list (i.e., big rig tows, heavy duty tows, and medium duty tows) in addition to the primary, light duty, rotational list. Currently we have only one contracted tow company that meets the requirements of the special rotational tow list and the FMC does not allow for the addition of any other capable companies. If the one special rotational tow company can no longer provide the necessary specialized service, or if there is an increased need for those types of tows, the amended FMC would give the Chief or designee the ability to add a company at any time to meet those needs. A Non-Professional Tow Agreement with the mirrored changes will be ready to replace the Non-Exclusive Franchise Tow Agreement for the City of Fresno.
The proposed Ordinance has been reviewed and approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
This is not a project pursuant to section 15378 of the California Environmental Quality Act Guidelines.
LOCAL PREFERENCE
Not applicable since this is not a bid or award of a contract.
FISCAL IMPACT
There is no impact to the general fund.
Attachments: Fresno Municipal Code Article 17, Chapter 9 with proposed changes