The various franchises and similar rights granted by the city by ordinance have not been codified in this code. Their validity and force and effect shall not be affected by this code.
(Rev. Code 1954 § 7061; O2003 11)
Prior to advertising notice of intention to grant, renew or extend a franchise, the Council may upon its own motion, hear recommendations from the city staff or from the general public as to the need for granting, renewing or extending a franchise for a particular service. Upon review of such presentations, the Council may determine whether or not public convenience and necessity would be best served by the awarding, renewing or extending of such a franchise and whether such franchise shall be exclusive or not.
(Rev. Code 1954 § 1033; O1960; O2003 11)
Prior to granting, renewing or extending of a franchise, the City Council shall advertise its intention to grant, renew or extend such a franchise in one or more newspapers published and circulated in the city once a day for three successive days. When the advertisement concerns the prospective grant of a franchise, it shall state that the preliminary statement described in Section 5.56.060 may be obtained from the City Clerk.
(Rev. Code 1954 § 1034; O1960; O2003 11)
The Council shall, prior to advertising intention to grant a franchise, consider and adopt a preliminary statement of the character of such franchise and the terms, restrictions, reservations, conditions, provisions and requirements to be met by the franchise holder and shall direct the City Clerk to prepare and make available at his or her office sufficient copies of such statement for interested parties. Such conditions, etc., shall include all of those set forth in this chapter which are applicable to the nature of the franchise to be awarded. Nothing in this section shall limit the discretion of the City Council to subsequently modify such terms, restrictions, reservations, conditions, provisions and requirements to be met by the franchise holder.
(Rev. Code 1954 § 1035; O1960; O2003 11)
A. 
The grant of every franchise, permit or privilege 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 any work or business authorized by the grant to the franchise, permit or privilege and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper public serve and accommodations.
B. 
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 of examining the same and privilege of taking copies of the same or any part thereof.
C. 
Every franchise granted shall reserve to the city the right to purchase or lease some or all of the property of the franchise holder used in or useful for the operation of the franchise service at a price either fixed in the franchise agreement or to be fixed in the manner provided in such agreement, but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation. Nothing in the franchise agreement shall prevent the city from acquiring such property by condemnation proceedings or in any other lawful mode. Upon the acquisition of all of franchisee's property by purchase, condemnation or otherwise, the city shall have the right to terminate such franchise at once.
(Rev. Code 1954 §§ 1036—1038; O1960; O2003 11)
Nothing in this chapter, except as herein specifically provided, shall operate to limit the Council in the exercise of any of its lawful powers respecting public utilities or to prohibit the Council from including in any franchise agreement such further restrictions and provisions as it may deem to be in the public interest.
(Rev. Code 1954 § 1039; O1960; O2003 11)
No franchise granted by the city shall be leased, assigned or otherwise alienated without the express consent of the Council, and no dealing with the lessee or assignee, on the part of the city, to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent.
(Rev. Code 1954 § 1040; O1960; O2003 11)
As set forth in the notice of intention, the sealed proposals shall be publicly opened and such compilation as may be necessary shall be made for presentation to the Council. Upon the evaluation of the proposals as they relate to the terms and conditions authorized by the Council, the determination of the best proposal shall be made by the Council in its sole discretion and the franchise awarded accordingly by resolution; provided, if the Council determines in its sole discretion that no proposal meets the terms and conditions in a manner deemed to be in the public interest, the Council may reject all proposals.
(Rev. Code 1954 § 1042; O1960; O2003 11)
A. 
The successful franchise holder shall file a bond running to the city with at least two good and sufficient sureties, or other bond provided by law, to be approved by the Council, in a penal sum to be prescribed by it and set forth in the statement of terms and conditions, conditioned that such franchise holder shall well and truly observe, fulfill and perform each and every term and condition of such franchise and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon such bond.
B. 
Said bond shall be filed with the City Clerk within 60 days after such franchise is awarded and upon the filing and approval of such bond, the said franchise shall be granted by the Council by resolution to the person to whom it has been awarded, and in case such bond shall not be so filed, the award of such franchise shall be set aside and said franchise may, in the discretion of the Council, be readvertised for proposals on the same terms and conditions previously authorized by the Council.
(Rev. Code 1954 § 1044; O1960; O2003 11)
Every grant, renewal or extension of a franchise, agreement or privilege shall provide for the termination or forfeiture thereof for the breach or failure to satisfy or comply with any of the terms, requirements, obligations, limitations or conditions thereof, and in all such cases, the Council shall have the power to declare the termination or forfeiture of any such franchise or privilege the same as though in each instance such power was expressly reserved.
(Rev. Code 1954 § 1041; O1960; O2003 11)
In the event any provision, term or requirement of this chapter conflicts or is inconsistent with any provision, term or requirement of any other chapter of this code concerning any specific franchise or agreement, including without limitation any provision, term or requirement under Chapter 5.60 relating to garbage franchises and agreements, such specific provision, term and/or requirement is intended to and shall control over this chapter.
(O2003 11)
Failure by the city to comply with or satisfy any requirement of this or any other chapter of this code shall not affect the validity of any action or determination by the city or any franchise or agreement granted, extended or renewed under this or any other chapter of this code.
(O2003 11)
A. 
This section shall apply only to franchises for police-generated tows. The Chief of Police may grant, renew or extend franchises to one or more tow operators for police-generated tows under this section without compliance with any of the other provisions of this chapter except for Section 5.56.070(A). For purposes of this section, the term "police-generated tow" shall mean tows requested by the City of Napa Police Department in connection with official police business and the storage of those towed vehicles. Police-generated tows may include tows of abandoned vehicles pursuant to California Vehicle Code Section 14602.6 (CRUSH tows), abandoned vehicle tows pursuant to Vehicle Code Section 22669(d), tows of vehicles to be held as evidence in a criminal case (evidentiary tows) and police service tows including tows of vehicles where the driver is arrested, detained, incapacitated or physically incapable of driving the vehicle. For purposes of this section, "Chief of Police" shall mean the Chief of Police of the City of Napa, or a designee of the Chief of Police or the City Manager.
B. 
No franchise shall be granted except by written approval by the Chief of Police issued following a noticed public hearing conducted in accordance with the requirements set forth in subsection D. The written approval awarding the franchise 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.
C. 
Application for a tow operator franchise to perform police-generated tows in the City of Napa shall be made to the City Clerk and shall contain the following information with respect to the applicant:
1. 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stock holders and the names and addresses of any parent and/or subsidiary companies.
2. 
A detailed description, including addresses, of all offices, storage yards, garages and other facilities as the Chief of Police may require for operation of the franchise.
3. 
A statement signed by the applicant stating his, her or its ability to provide the city with adequate service and commitment to maintain, install and complete any requirements for office or storage facilities.
4. 
The Chief of Police may at any time demand, and the applicant shall provide, supplementary additional or other information as the Chief of Police may deem reasonably necessary to determine whether the requested franchise should be granted.
D. 
The City Clerk shall set the tow franchise applications for hearing before the Police Chief, and shall give 10 days' written notice of said hearing to all existing holders of tow operator franchises for police-generated tows. Notice shall also be given in a newspaper of general circulation at least once at least 10 days prior to the date of the hearing. The Chief of Police shall hear such applications and all interested parties, and, if in his or her determination, public convenience would be served by granting the permit to such applicant, shall thereafter issue a written approval of the franchise award. In making the determination of public convenience, the Chief of Police may consider whether the applicant is qualified to render prompt and efficient police-generated tow service, the quality of service, the compliance of the applicant 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, or limitations as the Chief of Police may deem advisable and incorporate in written conditions of franchise approval 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.
E. 
Nothing in this section shall require any franchise granted by the Chief of Police to be exclusive. Neither the grant of a franchise nor any of the provisions contained therein shall prevent the Chief of Police from granting any identical, similar or different franchise to any other person, partnership or corporation other than the grantee for all or any areas of the city.
F. 
The Chief of Police 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 a 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 to the city by tow operators.
G. 
The Chief of Police shall have the right to suspend or terminate any franchise granted under this section if he or she finds, following a hearing noticed in the same manner as provided for in subsection D, that the grantee has violated or failed to comply with any of the requirements of this section, has violated any of the provisions of the franchise or the terms, conditions, rules restrictions, regulations, limitations or contractual obligations of the franchise award, or that the continued operation of the franchise would violate public policy or any local, state or federal law. A franchise may be suspended by the Chief of Police when the grantee fails to keep in full force and effect all land use or business permits, or insurance required by the city. The Chief of Police is authorized to suspend a franchise from tow rotation pursuant to the terms of the agreement between the city and the grantee of the franchise.
H. 
An applicant denied a franchise, or a grantee whose franchise has been suspended or terminated pursuant to subsection G, may appeal the determination of the Chief of Police by filing a request for an administrative hearing within 10 days of receipt of the Chief of Police's determination in accordance with Chapter 1.26 of this code. Any written determination made by the Chief of Police pursuant to this chapter shall be final unless appealed pursuant to the requirements of this section. Failure to timely request an administrative hearing in the manner required by this section constitutes waiver of the hearing and a failure to exhaust administrative remedies.
I. 
All administrative hearings of determinations made under this chapter shall be conducted in accordance with Chapter 1.26 of this code.
(O2011 16, 11/15/11)