REPORT TO THE CITY COUNCIL
October 23, 2014
FROM: JERRY P. DYER, Chief of Police
Police Department
BY: ANDREW HALL, Captain
Police Department
SUBJECT
Title
HEARING pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department's tow car rotation list
1. *** BILL NO. B-43 (Intro. 10/9/2013) (For adoption) - Granting to towing operators a non-exclusive franchise to participate in the Fresno Police Department's tow car rotation list and a final vote to approve the non-exclusive towing operation franchise
2. *** BILL NO. B-44 (Intro.10/9/2014) (For adoption) - Amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks
Body
RECOMMENDATIONS
It is recommended that Council authorize the Chief of Police to execute a three-year Non-Exclusive Franchise Tow Agreement (the "Agreement") with several local tow operators for the towing and storage of vehicles impounded by the Fresno Police Department. It is also recommended that the Council amend Article 17, Chapter 9 of the Fresno Municipal Code ("FMC") as it relates to tow trucks.
EXECUTIVE SUMMARY
This Agreement with the tow operators will replace the existing non-exclusive franchise tow agreement which expires on December 27, 2014. This Agreement contains subtle changes, including modification of the provision related to changes in ownership or control of the tow operators. Such change now enables transfer of ownership/control to "immediate family members" as defined in FMC section 3-101(e). The other substantial change to the Agreement modifies a tow operator's appeal rights for major violations of the Agreement.
To facilitate such changes to the Agreement, Article 17, Chapter 9 of the FMC must be amended. Additional minor amendments to Article 17, Chapter 9 of the FMC have also been proposed for ease of reading comprehension.
The proposed Agreement and cha...
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