Westminster City Council
SUBJECT
Title
Continued from the October 23, 2024 Regular City Council Meeting - Approval of Tow Services Agreement Template 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 template for qualified 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 interested in continuing this tow service rotational system and, therefore, is requesting the City Council approve the updated Tow Service Agreement template (Attachment 1) that will be used.
The purpose of the TSA is to establish guidelines and requirements to efficiently manage police-initiated towing services. The proposed TSA reaffirms the requirement that any tow provider seeking inclusion in the department’s rotation list must be an active participant in the California Highway Patrol’s (CHP) TSA Program. This requirement ensures the tow providers have been qualified by the CHP and are subject to their policies including vehicle and equipment inspections. The proposed agreement has a three-year term. The TSA will be administratively amended as needed or required by changing laws and tow regulations.
The Tow Service Agreement establishes parameters for how tow companies are rotated through the rotational assignment system and outlines the service expectations for all participants. Tow operators are not required to pay fees to participate in the City’s rotational tow program. Tow services are initiated when a call is made by the police department to a tow operator. A call constitutes one turn on the tow rotation list, and the tow operator is then moved to the bottom of the list. This includes when an 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. Vehicles towed in Westminster are delivered to private tow yards that are maintained by the respective tow operators.
Currently, there is one tow company in the rotation. In 2023, the number of calls for tow services were approximately 803. It is common for cities to have multiple tow operators on a prequalification list through a TSA process.
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 template will allow for better oversight of 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 template is approved by City Council.
ATTACHMENTS
1. 2025-2028 Westminster Police Department’s Tow Service Agreement Template
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager