The City Council may by resolution grant, renew or extend franchises to one or more tow operators for police-generated tows for a term not to exceed five years. For purposes of this chapter, the term "police-generated tows" means tows requested by the City of Santa Rosa Police Department in connection with official business and the storage of those towed vehicles. Police generated tows includes tows of impounded vehicles pursuant to Vehicle Code Section 14602.6, and police service tows of vehicles where the driver is arrested, detained, incapacitated or physically unable to drive the vehicle.

No franchise shall be granted, renewed or extended except by resolution. Such resolution shall include the authorization of an agreement with the franchise holder, which shall incorporate among its terms, the conditions, if any, of the franchise award.

Each application for franchise shall contain the following information:

The City Council in its sole discretion may grant or deny such franchise if it deems such action to be in the public interest. In making its decision, the Council may consider whether the applicant is qualified to render prompt and efficient police-generated tow service, the quality of service, the compliance with past agreements with the City, financial condition, experience and any other considerations that will safeguard the City's public interest. Any grant of franchise shall be subject to such terms, conditions, rules, regulations, restrictions, limitations, governmental or contractual in nature as the City Council may deem advisable to protect citizens or to promote the efficient conduct of official police business, to preserve the rights and interests of the City in its streets and public places and to otherwise protect the interest of the City and its people.

Nothing in this chapter shall require any franchise granted by the Council to be exclusive. Neither the granting of a franchise or any provisions contained therein shall prevent the City from granting any identical, similar or different franchise to any person other than grantee for all or any areas of the City.

The City Council may require, as a condition for a grant of franchise, the payment of a franchise fee(s) to be set by Council resolution to cover all or portion of the cost of City's police generated tow program. Such franchise fee shall be in addition to other applicable taxes, fees and charges, if any, payable by tow operators.

The grant of every franchise shall be subject to the right of the City, whether reserved in such grant or not, to make all regulations which shall be necessary to secure, in the best manner, the safety, welfare and accommodation of the public, including, among other things, the right to pass and enforce ordinances to protect the public from danger or inconvenience in the operation of the work or business authorized by the grant of the franchise, and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper public service.

Every franchise granted shall be subject to the right of the City, whether reserved therein or not, to prescribe and regulate the rates, fares, rentals or charges made for the service rendered under such franchise; to require such reports, accounts or special information about its affairs to be furnished, as the council may prescribe or deem necessary or convenient, for the purpose of fixing such rates, fares, rental or charges, or for any other lawful purpose, to be made in such form and verified by such persons as the council shall prescribe, to have full and free access, at any and all reasonable times, to all books, records and papers of such franchise holder with the right to examining the same and privilege of taking copies of the same or any part thereof.

Every franchise granted shall be subject to the rights of the City, whether reserved or not to provide for the termination or forfeiture thereof for any breach or failure to comply with any of the terms, limitations or conditions thereof; or the terms, limitations or conditions of the Agreement for Vehicle Tow Services executed by City and Franchisee and in all such cases, the City shall have the power to declare the termination and forfeiture of any such franchise or privilege the same as though in each instance such power was expressly reserved.