City Council

City Council Regular Meeting Regular Meeting

July 5, 2022

Winters, CA

Meeting Information

1)

ROLL CALL

PRESENT:

Wade Cowan, Bill Biasi, Jesse Loren, Harold Anderson, Pierre Neu, Ellena Branson, Kathleen Trepa, Brad Lopez, John Miller, Kirk Skierski, and Martin de los Angeles.

EXCUSED:

None.

ABSENT:

None.

COVID Disclaimer

2)

PLEDGE OF ALLIEGENCE

Led by Chief Lopez

3)

APPROVAL OF THE AGENDA

City Manager Trepa requested item 6B be moved from the Consent Calendar to Discussion for a public hearing

On motion by Bill Biasi, seconded by Jesse Loren, to Approve the Agenda.

Motion unanimously passed 5 - 0.

Yes: Wade Cowan; Bill Biasi; Jesse Loren; Harold Anderson; Pierre Neu.

4)

COUNCIL/STAFF COMMENTS

5)

PUBLIC COMMENTS

6)

CONSENT CALENDAR

6.A)

Second Reading of Ordinance 2022-06 Adding Chapter 10.40 to the Winters Municipal Code Regarding Police Department Initiated Towing Services

Staff_Report_Tow_Ordinance_Second_Reading

Att1_WPD_Policy_502

Att2_CHP_Tow_Rotation

Att3_Ordinance2022_06

6.C)

Designation of a Voting Delegate and Alternates for the League of California Cities Annual Conference

Staff_Report_Designation_of_LCC_Delegate

Voting_Delegate_Alternate_Form

6.D)

Resolution No. 2022-61 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings.

1. ROLL CALL Winters Regular Council Meeting Tuesday, July 5, 2022 @ 6:30 PM AGENDA Members of the City Council Wade Cowan, Mayor Bill Biasi, Mayor Pro-Tempore Harold Anderson Jesse Loren Pierre Neu Meeting Information The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference. To join the meeting via Zoom https://us02web.zoom.us/j/87456623496?pwd=K0g1SE5TVUFaYTFQSUVMM01DZS9wdz09 Meeting ID: 874 5662 3496 Passcode: 053836 or in person at City Hall located at 318 1st St., Winters, CA 95694. COVID Disclaimer The Winters City Council meeting will be conducted pursuant to AB 361. 1.The meeting will be held via teleconference 2. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 3. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. 4. If you are watching/listening to the live stream of the City Council meeting and wish to comment on a specific item as it is being heard, you may also submit your comment, limited to 250 words or less, to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. Council Chambers are located at 318 First Street, Winters, meeting location may vary. Please see agenda. 1 City of Winters

2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA 4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Second Reading of Ordinance 2022-06 Adding Chapter 10.40 to the Winters Municipal Code Regarding Police Department Initiated Towing Services Staff_Report_Tow_Ordinance_Second_Reading Att1_WPD_Policy_502 Att2_CHP_Tow_Rotation Att3_Ordinance2022_06 B. Resolution 2022-59 Confirming an Assessment Diagram and Assessment and Providing for the FY 2022-23 City of Winters City-Wide Maintenance Assessment District Annual Levy of Assessments Staff_Report_Confirming_City_Wide_Assessment Att1_Resolution2022_59 Att2_AssessmentDistrictMap C. Designation of a Voting Delegate and Alternates for the League of California Cities Annual Conference Staff_Report_Designation_of_LCC_Delegate Voting_Delegate_Alternate_Form D. Resolution No. 2022-61 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. Staff_Report_Renewal_AB361 Att1_Resolution2022_61 2 City of Winters

Att2_Yolo_County_Health_Officer_Memo_re_Remote_Meetings E. Minutes of the Regular Meeting of the Winters City Council from June 7, 2022 20220607Minutes.pdf F. Minutes of the Regular Meeting of the Winters City Council from June 21, 2022 20220621Minutes 7. PRESENTATIONS 8. DISCUSSION ITEMS A. Resolution No. 2022-60 Adopting the City of Winters Updated Emergency Operations Plan Staff_Report_Emergency_Operations_Plan_Update Att1_Resolution_2022_60 Att2_Winters_EOP_Basic Att3_Winters_EOP_2022_Presentation B. Site Coverage Discussion Staff_Report_Site_Coverage 9. CITY MANAGER REPORT 10. INFORMATION ONLY 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Kathleen Salguero Trepa, City Clerk Winters City Council Agenda Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting 3 City of Winters

should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. 4 City of Winters

1. ROLL CALL Winters Regular Council Meeting Tuesday, July 5, 2022 @ 6:30 PM AGENDA Members of the City Council Wade Cowan, Mayor Bill Biasi, Mayor Pro-Tempore Harold Anderson Jesse Loren Pierre Neu Meeting Information The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference. To join the meeting via Zoom https://us02web.zoom.us/j/87456623496?pwd=K0g1SE5TVUFaYTFQSUVMM01DZS9wdz09 Meeting ID: 874 5662 3496 Passcode: 053836 or in person at City Hall located at 318 1st St., Winters, CA 95694. COVID Disclaimer The Winters City Council meeting will be conducted pursuant to AB 361. 1.The meeting will be held via teleconference 2. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 3. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. 4. If you are watching/listening to the live stream of the City Council meeting and wish to comment on a specific item as it is being heard, you may also submit your comment, limited to 250 words or less, to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations. Council Chambers are located at 318 First Street, Winters, meeting location may vary. Please see agenda. City of Winters 1

2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA 4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Second Reading of Ordinance 2022-06 Adding Chapter 10.40 to the Winters Municipal Code Regarding Police Department Initiated Towing Services Staff_Report_Tow_Ordinance_Second_Reading Att1_WPD_Policy_502 Att2_CHP_Tow_Rotation Att3_Ordinance2022_06 B. Resolution 2022-59 Confirming an Assessment Diagram and Assessment and Providing for the FY 2022-23 City of Winters City-Wide Maintenance Assessment District Annual Levy of Assessments Staff_Report_Confirming_City_Wide_Assessment Att1_Resolution2022_59 Att2_AssessmentDistrictMap C. Designation of a Voting Delegate and Alternates for the League of California Cities Annual Conference Staff_Report_Designation_of_LCC_Delegate Voting_Delegate_Alternate_Form D. Resolution No. 2022-61 Renewing Authorization and Making Findings and Determinations Under AB 361 for Continued Virtual Meetings. Staff_Report_Renewal_AB361 Att1_Resolution2022_61 City of Winters 2

Att2_Yolo_County_Health_Officer_Memo_re_Remote_Meetings E. Minutes of the Regular Meeting of the Winters City Council from June 7, 2022 20220607Minutes.pdf F. Minutes of the Regular Meeting of the Winters City Council from June 21, 2022 20220621Minutes 7. PRESENTATIONS 8. DISCUSSION ITEMS A. Resolution No. 2022-60 Adopting the City of Winters Updated Emergency Operations Plan Staff_Report_Emergency_Operations_Plan_Update Att1_Resolution_2022_60 Att2_Winters_EOP_Basic Att3_Winters_EOP_2022_Presentation B. Site Coverage Discussion Staff_Report_Site_Coverage 9. CITY MANAGER REPORT 10. INFORMATION ONLY 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Kathleen Salguero Trepa, City Clerk Winters City Council Agenda Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting City of Winters 3

should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. City of Winters 4

CITY COUNCIL STAFF REPORT TO: Honorable Mayor and Councilmembers DATE:July 5, 2022 THROUGH: Kathleen Salguero Trepa, City Manager FROM: John P. Miller, Chief of Police SUBJECT: Second Reading of Ordinance 2022-06 adding Chapter 10.40 to the Winters Municipal Code Regarding Police Department Initiated Towing Services RECOMMENDATION: Adopt Ordinance 2022-06 adding Chapter 10.40 to the Winters Municipal Code regarding Police Department initiated towing services. BACKGROUND: California Vehicle Code § 2424 allows the Commissioner of the California Highway Patrol (CHP) to enter into agreements with providers of towing, emergency road, and storage services. These agreements are known as “Tow Service Agreements” (TSA) and are drafted with the assistance and cooperation of members of the Department, the towing industry, and the general public. The purpose of a TSA is to meet the needs of the public, the towing industry, and the Department by ensuring the public receives ethical and fair business practices on the part of private towing companies utilized by the CHP. They allow members of the towing industry to participate in a rotational tow list to equitably distribute service calls from the public through CHP officers and provides tow operators with clear and concise requirements for acceptance and continued service to the Department. It also ensures that tow operators used by the Department are competent to respond to calls with minimal time delays. Because the CHP TSA’s are seen as “best practices,” most law enforcement agencies in California follow the example and draft TSA’s with local qualifying tow companies following a nearly identical format and process as the CHP. 5

DISCUSSION: Although the Winters Police Department currently has a policy outlining procedures for the removal and storage of vehicles (WPD Policy 502 – Vehicle Towing and Release), staff recently became aware that the City of Winters does not have any regulations in place regarding the operation of police-initiated towing services. The proposed ordinance would authorize the City to enter into agreements with towing operators to provide police-initiated tow services in order to expeditiously remove illegally parked vehicles; remove vehicles that are apparently abandoned, wrecked, dismantled, or inoperative that constitute a public nuisance; remove vehicles needed for safekeeping or evidentiary purposes; and remove vehicles involved in an accident, or that constitute an obstruction to traffic because of mechanical failure. The benefits of such an ordinance include a reduction in City liability and exposure, better control of the service provided to the public, and efficient administration of police related vehicle impounds, storage, and other tow related operations. Under the proposed ordinance, the City’s Chief of Police would be authorized to promulgate and maintain written rules and regulations more specifically governing the provision of towing services within the City, the qualifications and conduct of tow truck drivers, and the requirements for vehicle storage facilities and lots. The ordinance would also include the following requirements:  Towing service operators must abide by the terms and conditions that are consistent with the ordinance and any rules and regulations promulgated by the Chief of Police;  Towing operators would be required to indemnify the City from all liability;  All police towing services agreements would require a tow service operator to provide on-call police towing services on a rotational basis. In the case of the City of Winters, Winters Tow Service is the only local tow company available and has been vetted by the CHP Woodland Area Office through their TSA process. Therefore, upon adoption of the proposed Ordinance, the Winters Police Department will enter into a TSA with Winters Tow Service; however, this is non-exclusive so that if another tow service becomes available, meets the requirements as outlined in the TSA, and enters into a TSA with the Winters Police Department, that tow company may be added to the rotational tow list. FISCAL IMPACT: None. ATTACHMENT(S): 1. Winters Police Department Policy 502 – Vehicle Towing and Release 2. CHP Woodland Area Rotational Tow List 3.. Ordinance 2022-06 6

Policy 502 Winters Police Department Winters Police Department Policy Manual Copyright Lexipol, LLC 2022/06/07, All Rights Reserved. Published with permission by Winters Police Department ***DRAFT*** Vehicle Towing and Release - 1 Vehicle Towing and Release 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Winters Police Department. Nothing in this policy shall require the Department to tow a vehicle. 502.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 502.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should to be given to the tow truck operator and the original shall be submitted to the Records Section as soon as practicable after the vehicle is stored. 502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in Yolo Emergency Communications Agency (YECA). If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the official towing garage for the City of Winters. The officer will then store the vehicle using a CHP Form 180. 502.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area). 7

Winters Police Department Winters Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2022/06/07, All Rights Reserved. Published with permission by Winters Police Department ***DRAFT*** Vehicle Towing and Release - 2 The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: • Traffic-related warrant arrest. • Situations where the vehicle was not used to further the offense for which the driver was arrested. • Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. • Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the Department will not be responsible for theft or damages. 502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration. 502.2.5 DRIVING A NON-CITY VEHICLE Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 502.2.6 DISPATCHER’S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request. 8

Winters Police Department Winters Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2022/06/07, All Rights Reserved. Published with permission by Winters Police Department ***DRAFT*** Vehicle Towing and Release - 3 502.2.7 RECORDS SECTION RESPONSIBILITY Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Shift Supervisor for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5). Approved storage forms shall be promptly placed into the auto-file so that they are immediately available for release or review should inquiries be made. Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)): (a) The name, address, and telephone number of this Department. (b) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (c) The authority and purpose for the removal of the vehicle. (d) A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. 502.3 TOWING SERVICES The City of Winters periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal of vehicles obstructing traffic in violation of state or local regulations. 502.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property. 9

Winters Police Department Winters Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2022/06/07, All Rights Reserved. Published with permission by Winters Police Department ***DRAFT*** Vehicle Towing and Release - 4 502.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 502.6 RELEASE OF VEHICLE The Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5). (b) Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit, and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5). (c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license, and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances: 1. The vehicle was stolen. 2. If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance. 3. Any other circumstance as set forth in Vehicle Code § 14602.6. 4. When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment. (d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D) shall be released to the registered owner or person in control of the autonomous vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without 10

Winters Police Department Winters Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2022/06/07, All Rights Reserved. Published with permission by Winters Police Department ***DRAFT*** Vehicle Towing and Release - 5 requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. 11

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82573.00023\33809886.3 ORDINANCE NO. 2022-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTERS ADDING CHAPTER 10.40 TO THE WINTERS MUNICIPAL CODE REGARDING POLICE DEPARTMENT INITIATED TOWING SERVICES WHEREAS, the City Council of the City of Winters hereby finds that it is in the public interest to establish towing regulations to govern the provisions of towing services to the City’s police department, consistent with state and federal laws, as well as the public health, safety and welfare; and WHEREAS, the purpose of this ordinance is to provide a dependable towing service to the City through the establishment of a rotational towing system with reasonable standards for police-initiated to