A. The city’s police department maintains rotation tow lists used for dispatching private tow operators to provide towing and storage services as part of the police department’s towing program, and the city incurs costs in connection with the police department’s towing program.

B. California Vehicle Code Section 12110, Subdivision (b), provides that a public entity may require payment of a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity; provided, that the fee does not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

C. Inclusion on the city’s rotation tow lists confers a benefit on private tow operators because the registered owners of vehicles towed pursuant to the towing program must pay the tow operators for the tow and storage fees incurred.

D. The city council wishes to grant nonexclusive tow franchises to contractors for use of city streets and property in consideration of payment of a franchise fee in accordance with the requirements of Sections 46, 51 and 75 of the Petaluma Charter, Section 12110, Subdivision (b) of the California Vehicle Code, and other applicable law.