Westminster City Council
SUBJECT
Title
Approval of Tow Services Agreement for the Westminster Police Department Rotational Tow Program.
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From: Darin Lenyi, Chief of Police
Requested by: Administration
Prepared by: Karla Santillan, Business Services Manager
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RECOMMENDED ACTION
Recommendation
Approve the Tow Service Agreement for tow service providers desiring to participate in the Westminster Police Department’s Rotational Tow Program.
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BACKGROUND
The Westminster Police Department (WPD) has utilized a rotational tow system for over a decade, calling upon various tow providers to expeditiously move damaged, disabled, abandoned or illegally parked vehicles from City streets. In 2020, City Council approved a formal Tow Service Agreement (TSA) with tow providers that has since expired. The Westminster Police Department is once again requesting to enter into a Tow Service Agreement with tow providers consistent with the agreement used by the California Highway Patrol (CHP). The purpose of the TSA is to establish guidelines and requirements to efficiently manage police initiated towing services.
The WPD’s proposed Tow Service Agreement will require any tow provider seeking inclusion in the department’s rotation list be an active participant in the CHP’s rotation list. This requirement ensures that the tow providers have been qualified by the CHP and are subject to their policies as well as vehicle and equipment inspections. Compliance to the CHP’s stringent requirements will ensure that the City of Westminster will be working with vetted and qualified operators.
The Tow Service Agreement will also regulate how business is conducted between the police department and the tow companies participating in the Rotational Tow Program. The TSA delineates service expectations that will be consistent among all tow provider participants. The proposed agreement has a three-year term. An open enrollment period will be conducted by the WPD to establish the agreements with tow providers wanting inclusion in the new tow rotation list and allow them time to comply with the new requirements.
Currently, there is one private tow company in the current rotation. In 2023, calls for tow services were approximately 803. Vehicles that are towed are towed to the private tow yards maintained by the respective operators. The tow operators are not required to pay any fees to participate in the City’s rotational tow program. Participation in the City’s Tow Program is voluntary but does require compliance to the Tow Services Agreement. The TSA will be updated as needed or required by changing laws and tow regulations. An operator, by agreeing to participate in the program, does not establish a contractual relationship with the City and will not be acting as its agent when performing services under the proposed TSA.
The tow services are initiated when a call is made by the police department to a tow operator. That call shall constitute one turn on the tow rotation list and the tow operator shall be moved to the bottom of the list. This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. Other call scenarios are further detailed in the proposed agreement.
The Tow Service Agreement also provides the City of Westminster with the ability to regulate the amount of fees the tow operators may charge the City and the public per tow and for storage charges. Currently, tow operators may charge a tow fee of $200 per standard tow, and the storage fee is limited to $65 per day. The police department also charges its own fees to the vehicle owner as “release fees,” in the amount of $375 per impounded vehicle and $305 for vehicle storage.
FISCAL IMPACT
No additional budget appropriation is being requested for this action.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
An approved Tow Service Agreement will allow for better oversight of the tow service providers used by the Westminster Police Department. Staff will schedule an open enrollment meeting for interested tow service providers once the Tow Service Agreement is approved by City Council.
ATTACHMENTS
1. 2024-2027 Westminster Police Department’s Tow Services Agreement
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager