HomeMy WebLinkAboutItem 4.02 AbandonedVehlAbtmntPrgm (2) 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 ~