Loading...
HomeMy WebLinkAboutItem 4.02 AbandonedVehlAbtmntPrgm CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 24, 1994 SUBJECT • Alameda County Abandoned Vehicle Abatement Program (Prepared by Dublin / Police Services Staff) EXHIBITS ATTACHED A) Original Joint Powers Agreement / B) August 3, 1993 memo from William Baptista with a copy of the revised Joint Powers Agreement C) December 27, 1993 , memo from Elizabeth Silver, City Attorney RECOMMENDATIOII��. : Approve amended Joint Powers Agreement and authorize Mayor to sign new agreement FINANCIAL None DESCRIPTION • At the July 13, 1992, City Council meeting, Resolution Number 89-92 was adopted approving the Abandoned Vehicle Abatement Joint Powers Agreement. Staff has been advised by the California Highway Patrol that minor revisions to our Joint Powers Agreement are required. Section 3 of the original Joint Powers Agreement read: ". . . .the Department of Motor Vehicles; to disperse all funds received, less Authority operating expenses " The revised Section 3 shall now read: ". . . .the Department of the California Highway Patrol; to disperse all funds received, less the cost of services performed for the Authority pursuant to contractual agreements The City Attorney has reviewed the revised agreement and finds the changes to be satisfactory. Staff recommends that the City Council approve the amended Joint Powers Agreement and authorize the Mayor to sign the new agreement. COPIES TO: ITEM NO. 4 _2_ CITY CLERK FILE I Io, e EXHIBIT A e JOINT EXERCISE OF POWERS AGREEMENT FOR ABATEMENT OF ABANDONED VEHIClES This Agreement is entered into and becomes effective , by and between the undersigned public agencies, referred to collectively as the "Agencies;" . WlTNESSETIl Vehicle Code Sections 9250.7 and 22710 (Stats. 1990, Ch. 1684) authorize the creation of a service authority for the abatement of abandoned vehicles with the power to impose a $1 vehiCle registration fee, if a two-thirds vote of the Board of Supervisors and a majority of the cities having a majority of the incorporated population adopt resolutions establishing such an authority. Government Code Section 6500 et seq. provides that two or more public agenCies by agreement may jointly exercise any power cpmmon to the contracting parties. It is the intent of the parties to this agreement that a service authority be created to exercise the powers granted them by Vehicle Code Sections 9250.7 and 22710. ~ NOW, THEREFORE, the Agencies agree as follows: 1. Objective. The purposes of this agreement are to impose a $1 vehicle . registration fee and to provide a means of preparing, adopting, revising, and carrying out an abandoned vehicle abatement plan and program as herein set forth. . . 2. Creation of the Alameda Coun Aband ned Vehicle A at m n Authoritv. There is hereby CTeated the Alameda County Abandoned VeMele Abatement Authority to exerdse in the manner set forth 'n ihis Agicemellt the . powers common io each of the Agencies: The Authority shall be a public entity separate from the Agencies. No debt, li;1bility, or obligation of the Authority shall constitute a debt, liability or obligation of any agency. . . Abandoned Vehicle Alaement Authority . Date '. . Page 2 e 3. Powers. The Authority shall have the power to establish and receive proceeds from a $1 vehicle registration fee; to adopt and carry out an abandoned vehicle abatement plan and program' limited to collection and dispersement of funds consistent with the guidelines of the Department of Motor Vehicles; to disperse all funds received, less Authority operating expenses, to the Agencies in p'roportion to their population, pro-rated where appropriate to the period of participation in the Authority, for the use of these Agencies according to the conditions set forth in Vehic1e Code Section 22710; to apply for and accept grants, advances, arid contributions; to sue and be sued in its own name; and to incur debts, liabilities, or' obligations, subject to limitations herein set forth. 4. Boundaries. The boundaries of the Authority shall be the boundaries of the County of Alameda. , 5. Abandoned Vehicles Board. The Authority shall be governe-d by the Abandoned Vehic1e Board which shall exercise aU powers and authority on behalf of the Authority. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. The Board shall consist of one representative appointed by the legislative body of each of the Agencies. Each representative shall have one vote. 6. Meetings of the Board. The Board shall hold at least one~regular meeting each year. The date, hour and. place at which each such regular meeting shail be heid shaH be fIxed by resolution o~ the Board" Special meetings of the Board may be called in accordance' with provisions of law. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Section 54950 et seq. of the Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. Attachment B e e Abandoned Vehicle Abatement Authority Date Page 3 The Board shall cause minutes of all meetings to be kept and sh~ as soon as possible after each meeting, cause a copy of the minutes to be fonvarded to each member of the Board and to each Agency. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The Board shall adopt from time to time such bylaws, rules or regulations for the conduct of its affairs as may be required. . . ' 7. Staffing,. The Authority shall be staffed as determined by the Board, which staff shall be entitled to demonstrate and receive payment from the Authority for their actual costs of service. 8. Funds. Audit and Accounting Services. pursuant to the requirements of Section 6505.5 of the' Government Code, the Treasurer of the County of Alameda is designated to be the depository and to have custody of all project funds received from the Abandoned Vehicle Trust Fund or any other source, and to perform the following functions: . Receive and receipffor all money for the project and place it in the County Treasury of Alameda County for the credit of the Authority; Be responsible upon official bond for the safekeeping and immediate disbursement of all Authority money so held; Pay any sums due from Authority money as received; or any portion thereof, only ~pon warrants of the public officer performing the functions' of auditorc'f controller who has been so designated pursriant to this Agreement; and .... , Verify and report in writing on the first day of July, October, January, a!14 April of each year to the Authonty and to the contracting parties to this Agreement the amount of money the Treasurer holds for the Authority, the amount of receipts and the amount paid out since the last report of the Authority. . Abandoned Vehide Ablment Authority Date Page 4 e The functions of auditor shall be performed for the Authority by the Auditor of Alameda County. The Auditor shall draw warrants to pay demands against the Authority when the demands have been approved by the Authority or by a person authorized by the Authority to so approve. There shall be strict accountability of all funds and the Auditor of the County of Alameda will report to, the Board of Control all receipts and disbursements. In addition, the Auditor of the County of Alameda wnI either make or contract for an audit of the accounts and records at least annually as prescribed by Section 6505 of the Government Code. In each case the minimum requirements' of the audit shall be those prescribed by the State Controller for special districts under Section .26909 of the Government Code and the audit shall conform to generally accepted auditing standards. 9. Amendments. This Agreement may be amended by the affirmative vote of the legislative bodies of the County of Alameda and a majority of the cities having a majority of the incorporated population v.:ithin the County. 10. Notices. All notices to Agencies shall be deemed to have been given when mailed to the legislative body of each member agency. IN WITNESS WHEREOF, each Agency has executed approval of this Agreement and filed said approval mth the Clerk of the County of Alameda and said signatures are listed below or attached hereto. For the City of Alameda Date: - . Attest: For the City of Albany Date: Att'::st: For the City of Berkeley Date: Attest: ~~~ For the Ci.ty of Dublin Da~~Z Att . . ~ l~ (I P J e EXHIBIT B~ e Alameda County Abandoned Vehicle Abatement Authority August 3, 1993 V oting Alternate Board Member Alameda County Abandoned Vehicle Abatement Authority SUBJECT: Revised Joint Exercise of Powers Agreement You may recall that the CRP in Sacramento ;advised us in March of certain "minor revisions" that are required in our Authority program. A copy of their memo is enclosed. The revision to the JP A is common to us all so a Revisecfjp A has been drafted up. You may note that the wording is slightly different from what the CHP put in their memo, but this is due to a typographical error in the CRP memo and the wording in the Revised JP A has been approved by CRP Investigative Services in Sacramento. The Revised JP A is herewith forwarded to the Participating Agencies for adoption by their respective City Councils. If you have other revisions unique to your City, you may wish to present these together with the Revised lP A to your Council as a single "clean-up" package. Thanks. Sincerely, '\J~~ ~ William Baptista, Chairman Alameda County Abandoned Vehicle Abatement Authority Enclosures e e REVISED JOINT EXERCISE OF POWERS AGREEMENT FOR ABATEMENT OF ABANDONED VEHICLES This Agreement is entered into and becomes effective , by and between the undersigned public agencies, referred to collectively as the "Agencies;" WITNESSETH Vehicle Code Sections 9250.7 and 22710 (Stats. 1990, Ch. 1684) authorize the creation of a service authority for the abatement of abandoned vehicles with the power to impose a $1 vehicle registration fee, if a two-thirds vote of the Board of Supervisors and a majority of the cities having a majority of the incorporated population adopt resolutions establishing such an authority. Government Code Section 6500 et seq. provides that two or more publici' agencies by agreement may jointly exercise any power common to the contracting parties. It is the intent of the parties to this agreement that a service authority be created to exercise the powers granted them by Vehicle Code Sections 9250.7 and 22710. NOW, THEREFORE, the Agencies agree as follows: 1. Objective. The purposes of this agreement are to impose a $1 vehicle registration fee and to provide a means of preparing, adopting, revising, and carrying out an abandoned vehicle abatement plan and program as herein set forth. 2. Creation of the Alameda County Abandoned Vehicle Abatement Authority. There is hereby created the Alameda County Abandoned Vehicle Abatement Authority to exercise in the manner set forth in this Agreement the powers common to each of the Agencies. The Authority shall be a public entity separate from the Agencies. No debt, liability, or obligation of the Authority shall constitute a debt, liability or obligation of any agency. e e Abandoned Vehicle Abatement Authority Date Page 2 3. Powers. The Authority shall have the power to establish and receive proceeds from a $1 vehicle registration fee; to adopt and carry out an abandoned vehicle abatement plan and program limited to collection and dispersement of funds consistent with the guidelines of the Department of the California Highway Patrol; to disperse all funds received, less the cost of services performed for the Authority pursuant to contractual agreements, to the Agencies in proportion to their population, pro-rated where appropriate to the period of participation in the Authority, for the use of these Agencies according to the conditions set forth in Vehicle Code Section 22710; to apply for and accept grants, advances, and contributions; to sue and be sued in its own name; and to incur debts, liabilities, or obligations, ~ubject to limitations herein set forth. 4. Boundaries. The boundaries of the Authority shall be the boundaries of the County of Alameda. 5. Abandoned Vehicles Board. The Authority shall be governed by the Abandoned Vehicle Board which shall exercise all powers and authority on behalf of the Authority. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. The Board shall consist of one representative appointed by the legislative body of each of the Agencies. Each representative shall have one vote. 6. Meetings of the Board. The Board shall hold at least one regular meeting each year. The date, hour and place at which each such regular meeting shall be held shall be fIxed by resolution of the Board. Special meetings of the Board may be called in accordance with provisions of law. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Section 54950 et seq. of the Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. e e Abandoned VehicIe Abatement Authority Date Page 3 The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. '. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The Board shall adopt from time to time such bylaws, rules or regulations for the conduct of its affairs as may be required. 7. Staffing. The Authority shall be staffed as determined by the Board, which staff shall be entitled to demonstrate and receive payment from the Authority for their actual costs of service. 8. Funds. Audit and Accountin{ Services. Pursuant to the requirements of Section 6505.5 of the Government Code, the Treasurer of the County of Alameda is designated to be the depository and to have custody of all project funds received from the Abandoned VehicIe Trust Fund or any other source, and to perform the following functions: Receive and receipt for all money for the project and place it in the County Treasury of Alameda County for the credit of the Authority; Be responsible upon official bond for the safekeeping and immediate disbursement of all Authority 'money so held; Pay any sums due from Authority money as received, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been so designated pursuant to this Agreement; and Verify and report in writing on the first day of July, October, January, and April of each year to the Authority and to the contracting parties to this Agreement the amount of money the Treasurer holds for the Authority, the amount of receipts and the amount paid out since the last report of the Authority. e e Abandoned Vehicle Abatement Authority Date Page 4 The functions of auditor shall be performed for the Authority by the Auditor of Alameda County. The Auditor shall draw warrants to pay demands against the Authority when the demands have been approved by the Authority or by a person authorized by the Authority to so approve. There shall be strict accountability of all funds and the Auditor of the County of Alameda will report to the Board of Control all receipts and disbursements. In addition, the Auditor of the County of Alameda will either make or contract for an audit of the accounts and records at least annually as prescribed by Section 6505 of the Government Code. In each case the minimum requirements of the audit shall b~ those prescribed by the State Controller for special districts under Section '26909 of the Government Code and the audit shall conform to generally accepted auditing standards. 9. Amendments. This Agreement may be amendedJ>y the affirmative vote of the legislative bodies of the County of Alameda ano a majority of the cities having a majority of the incorporated population within the County. 10. Notices. All notices to Agencies shall be deemed to have been given when mailed to the legislative body of each member agency. IN WI1NESS WHEREOF, each Agency has executed approval of this Agreement and filed said approval with the Clerk of the County of Alameda and said signatures are listed below or attached hereto. For the City of Alameda Date: Attest: For the City of Albany Date: Attest For the City of Dublin Date: Attest For the City of Berkeley Date: Attest: e Abandoned Vehic1e Abatement Authority Date Page 5 For the City of Emeryville Date: Attest: For the City of Hayward Date: Attest: For the City of Newark Date: Attest: For the City of Piedmont Date: Attest: For the City of San Leandro Date: Attest: For the County of Alameda Date: Attest: e For the City of Fremont Date: Attest For the City of Livermore Date: Attest: For the City of Oakland Date: Attest: For the City of Pleasanton Date: Attest For the City of Union City Date: Attest ,c- . ~ e EXHIBIT C e Michael R. Nave Steven R. Meyers Elizabeth H, Silver Michael S, Riback Kenneth A. Wilson MEYERS, NAVE, RIBACK, SILVER & WILSON A Professional Law. Corporation Gateway Plaza m Davis Street. Suite 300 San Leandro. CA 94577 Telephone: (510) 351-4300 . Facsimile: (510) 351-4481 Peninsula Office . . 1220 Howard Avenue, Suile 250 Burlingame. CA 940104211 Telephone: (415) 348-7130 Facsimile: (415) 342-C886 Oirrord p, Campbell Michael p, Rodriquez Kathleen Paubion Wendy A. Roberts David W, Skinner Steven T. Mattas Rick W, Jarvis Veronica A. Nebb "Santa Rosa Office 555 Firth Sireel. Suile 230 Santa Rosa. CA 95401 (707) 545-8009 (707) 545-6617 (Fax) MEMORANDUM Reply 10: San Leandro or counsel: Andrea J. Saltzman TO: Captain James Rose Chief of Police Services DATE: December 27, 1993 FROM: Elizabeth H. Silver City Attorney RE: <~ Joint Exercise of Powers Agreement for Abatement of Abandoned Vehicles I have reviewed' the Revised Joint Exercise of Powers Agreement which you forwarded by memorandum dated December 20, 1993. The Agreement looks satisfactory to me. Very truly yours, MEYERS, 'NAVE, RIBACK, SILVER & WILSON Jel)-'k Elizabeth H. Silver EHS:bsf mnrs\114\memo\Ol\captrose.ehs e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 24, 1994 SUBJECT Alameda county Abandoned Vehicle Abatement Program (Prepared by Dublin Police services Staff) / , ., t A) Or1g1nal J01nt Powers Agreemen / B) August 3, 1993 memo from William Baptista with a copy of the revised Joint Powers Agreement December 27, 1993, memo from Elizabeth silver, City Attorney EXHIBITS ATTACHED / C) RECOMllENDATIO~ ' Approve amended Joint Powers Agreement and authorize Mayor to sign new agreement FINANCIAL . . None DESCRIPTION At the July 13, 1992, City Council meeting, Resolution Number 89-92 was adopted approving the Abandoned Vehicle Abatement Joint Powers Agreement. Staff has been advised by the California Highway Patrol that minor revisions to our Joint Powers Agreement are required. section 3 of the original Joint Powers Agreement read: If.... the Department of Motor Vehicles; to disperse all funds received, less Authority operating expenses ....... The revised Section 3 shall now read: "....the Department of the California Highway Patrol; to disperse all funds received, less the cost of services performed for the Authority pursuant to contractual agreements......n The City Attorney has reviewed the revised agreement and finds the changes to be satisfactory. Staff recommends that the City Council approve the amended Joint Powers Agreement and authorize the Mayor to sign the new agreement. -----------------------~~------------------------------------------ ITEM NO. 4.2 COPIES TO: CITY CLERK FILE ~