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File #: ID 23-1297    Version: 1 Name:
Type: Action Item Status: Passed
File created: 8/25/2023 In control: City Council
On agenda: 9/14/2023 Final action: 9/14/2023
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)
Sponsors: Police Department
Attachments: 1. Fresno Municipal Code Article 17, Chapter 9 with proposed changes
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...

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