HomeMy WebLinkAboutItem 4.02 AmendAlaCntyVehAbate (2)
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CITY CLERK
File # D~[Q]fQ]-~[D]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (April 15, 1997)
SUBJECT:
Amendment To the Alameda County Abandoned Vehicle Abatement Program
~repared By: Paul S. Rankin, Assistant City Manager)
EXIITBITS ATTACHED:
1.
Resolution
A. Description of Abandoned Vehicle Program Dated 1/1/96
B. Amendment To Joint Powers Agreement
2. Current Joint Powers Agreement
RECOMMENDA nON.<' / Adopt the Resolution
FINANCIAL STATEMENT: Estimated 1996/97 Revenue is approximately $5,500.
DESCRIPTION: The City of Dublin participates in a countywide program, which provides a source
,. . _ of funds for the removal of abandoned vehicles. The funds are collected by the Department of Motor
:. Vehicles as a $1.00 surcharge on the registration of vehicles in Alameda County. Although the City has
been operating in accordance with the program requirements, Staff was recently advised that changes in
the State Law necessitated a change in the adopted Joint Powers Agreement.
A new State Law which became effective on January 1, 1996, modified the methodology to be used by
County Authorities in the distribution of abandoned vehicle funds. Previously, these monies were
distributed on a per capita basis. Under the new law the funds are distributed proportionate to the number
of vehicles which are abated by the Agency. The City files quarterly reports on the number of vehicles
abated. Through the first 6 months of the current Fiscal Year the City abated 127 vehicles. During this
period, approximately 73% of the owners voluntarily complied without the need to tow the vehicle.
Staffhas prepared a Resolution which will adopt the Amendment to the program. In addition, the original
action taken by the City Council did not clearly address the designation of the City representative to the
Authority Board. This function has been handled in the past by Dublin Police Services personnel. The
make-up of the Board includes both public safety representatives and Staff assigned to conduct zoning
investigations. The proposed resolution provides that the City Manager may designate the appropriate
representative.
Staff recommends that the City Council adopt the proposed resolution.
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4.2
ITEM NO.
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RESOLUTION NO. ~ 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING THE ALAMEDA COUNTY ABANDONED VEIDCLE
ABATEMENT PROGRAM AND DESIGNATING THE AUTHORIZED BOARD MEMBER
WHEREAS, Assembly Bi114114 became law as of January I, 1991, allowing a majority of the cities and the
county to establish a countywide service authority for the abatement of abandoned vehicles; and
WHEREAS, by resolutions and a Joint Powers Agreement, all of the Cities of Alameda County and Alameda
County itself established the Alameda County Abandoned Vehicle Abatement Authority pursuant to the statutes
and the Guidelines of the California Highway Patrol effective June 1, 1993; and
WHEREAS, abandoned vehicles continue to be a blight upon the land, offending aesthetic sensibilities, posing
a health and safety hazard, and allowing valuable resources to go to waste; and
WHEREAS, due to the signing into law of AB 135, which amended the statutes effective January 1, 1996, the
Alameda County Abandoned Vehicle Abatement Program must be amended for the program to continue; and
WHEREAS, City of Dublin, County of Alameda believes that the Program continues to benefit the populace of
the Cities and the entire county and hereby endorses said Program; and
WHEREAS, previous actions by the City Council did not clearly identify the designated City representative to
.e Abandoned Vehicle Authority Board as authorized uuder the Agreement.
. NOW, THEREFORE, BE IT RESOLVED that City of Dublin, County of Alameda hereby approves: 1) the
Alameda County Abandoned Vehicle Abatement Program, dated January 1, 1996 attached as Exhibit A; and
BE IT FURTHER RESOLVED that the City Council hereby adopts and authorizes the Mayor to execute the
Amendment to the Joint Powers Agreement dated as of January 1, 1996, and attached hereto as Exhibit B; and
BE IT FURTHER RESOLVED that the City Council hereby supports the continued collection of $1 vehicle
registration per year for the purpose of funding the Alameda County Abandoned Vehicle Abatement Program
for a period often (10) years from its inception; and
BE IT FURTHER RESOL VED that the City Council hereby appoints the City Manager or his/her designee, as
the representative of the City of Dublin on the Alameda County Abandoned Vehicle Board, pursuant to Section
5 ofthe Joint Powers Agreement.
PASSED, APPROVED AND ADOPTED this _ day of
AYES:
NOES:
ABSENT:
ABSTAIN:
,1997.
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Mayor
ATTEST:
EXHIBIT 1
City Clerk
h: \cc- mtgs \resoaban.doc
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ALAMEDA COUNTY ABANDONED VEHICLE ABATEMEN;l' PROGRAM
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JANUARY 1, 1996
1. Purpose and Intent:
Abandoned, wrecked, dismantled or inoperative vehicles, and the parts thereof,
have become a blight upon land, offending aesthetic sensibilities, harboring
inimical insects and other health threatening creatures, and allowing valuable
resources to go to waste.
The Alameda County Abandoned Vehicle Abatement Program is a program
authorized by State legislation to assist the participating Cities and the County in
their individual efforts to regulate and abate such vehicles, vehicle parts, etc.
within their own jurisdictioru; by distribution of funds to the Participating
Agencies for specific purposes provided for in the State legislation as amended
by AB135.
Participating Cities and the County may further define the intent of their
individual programs.
2. Participating Agencies:
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Any City within Alameda County, and the County itself, that:
1) . Has an' abandoned, etc. vehicle abatement ordinance that is
consistent with the State requirements and is approved by the
State, and
2) Where the legislative body has passed resolutioru; requesting and
authorizing participation in the Alameda County Abandoned
Vehicle Abatement Program and the Alameda County Abandoned
Vehicle Abatement Authority,
. may participate in the Alameda County Abandoned Vehicle Abatement Program
and the Alameda County Abandoned Vehicle Abatement Authority (hereafter
"Authority"). Every Participating Agency shall inform the contractor for staff
services (hereafter "Staff') of the name, phone number(s), and mailing address
of the representative/member of the Participating Agency. A list of the
Participating Agencies and their Council/Board resolutions is attached hereto
(Attachment A).
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'EXHIBIT A
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Abandoned Vehicle Program
January 1, 1996 - ..
Page 2 - f ~~b";\- Pr
Representatives/members of the Participating Agencies may meet from time to
time to discuss the business of the Authority but may take no action outside the
scope of this Alameda COunty Abandoned Vehicle Abatement Program without
the prior resolution of consent from the Participating Agencies.
The Staff shall provide reporting, secretarial, custodial and accounting services
for the Authority, and shall enter into a contract with the Authority for these
services. The Staff shall be entitled to demonstrate and recover their actual costs
for performing these services.
3. Estimate of the Numher of Abandoned Vehicles:
Attached hereto is the estimate of the number of abandoned vehicles within the
jurisdiction of each Participating Agency (Attachment B).
Within 60 days after the first day of each successive quarter, each Participating
Agency shall submit to the Staff an estimate of the number of abandoned, etc.
vehicles in their jurisdiction and the number of abandoned, etc., vehicles abated
. for the previous quarter. Also, each Participating Agency shall make a brief
statement of the effectiveness of the Program in its jurisdiction.
4. Ahandoned Vehicle Ahatement Ordinances:
Copies of the abandoned, etc. vehicle abatement ordinances of the Participating
Agencies are attached hereto (Attachment C). Each of these ordinances meets
all the requirements of Section 22660 and 22661 of the California Vehicle Code.
Where the recovery of the' costs of administration and removal and disposal of
vehicles is included, each of these ordinances is consistent with Section 25845 or
38773.5 of the California Government Code.
5. Disposal and Enforcement Strategy:
Each Participating Agency shall maintain a disposal and enforcement strategy set
forth by an ordinance or resolution of their respective legislative body.
Abandoned Vehicle Program
January 1, 1996
Page 3 - eltlM.a.;+ F\
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6. Cost Recovery Strategy:
Each Participating Agency shall maintain a cost recovery strategy set forth by an
ordinance or resolution of their respective legislative body. Said cost recovery .
strategies shall be consistent with eve Section 22523 (for registered owner) and
CGC Sections 25845 and 38773.1 (for property owner).
7. Contractual Agreements:
Copies of any contractual agreements entered into by the Participating Agencies
in order to carry out the law relating to the Authority are attached hereto
(Attachment D).
8. Distribution of Abandoned Vehicle Trust Funds:
After deduction of the costs of the Staff as specified herein, all Abandoned
Vehicle Trust Funds received by the Authority shall be disbursed to the
Participating Agencies in proportion to, the number of vehicles abated in the
respective Participating Agencies relative to the total number of vehicles abated
by the Authority, pro-rated, if appropriate, to the period of participation in the
All;thority. .
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9. Appropriate Fiscal Controls:
The Staff shall maintain strict accountability for the financial accounts of the
Authority and shall administer, maintain and be the custodian of the following
funds and fiscal records for the Authority and shall recover their costs for this
service as specified herein:
a.
Accounting for the gross amount of funds that the Authority
receives from the Abandoned Vehicle Trust Fund; and
Accounting for itemized expenditures of the Authority; and
Accounting of the total number of vehicles or parts thereof abated
as reported by the Participating Agencies under Item #3 above;
and
Quarterly internal audits of the fiscal records.
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d.
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Abandoned Vehicle Progr~m
January 1, 1996
Page 4 - c;.~'M~;\- ~
10. Reporting Requirements:
The Contract Staff shall prepare and transmit to the California Highway Patrol
a quarterly report of the Authority, in the specific form prescribed by the
California Highway Patro~ including the following information and shall recover
their costs for this service as specified herein:
a. The gross amount of money received by the Authority from the
Abandoned Vehicle Trust Fund during the quarter and the year to
date; and
b. An itemized statement of the Abandoned Vehicle Trust Fund
monies expended by the Authority during the quarter and the year
to date; and
c.
An accounting of the total number of vehicles abated by the
Authority during the quarter and the year to date; and
Attachments
A Ust of Participating Agencies and Council Resolutions
B. Tabulation of the Number of Abandoned Vehicles by Jurisdiction
C. Abandoned Vehicle Abatement Ordinances
D. Contractual Agreements
AMENDMENT OF
JOINT EXERCISE OF POWERS AGREEMENT FOR
ABATEMENT OF ABANDONED VEHICLES
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This Agreement is entered into and becomes effective retroactively to
January 1, 1996, 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)
authorized the creation of a county service authority for the abatement of
abandoned vehicles pursuant to which the Agencies created the Alameda County
Abandoned Vehicle Abatement Authority in 1993. Said Vehicle Code Sections
were amended by AB 135 in 1995, necessitating the amendment herein.
Government Code Section 6500 et seq. provides that two or more public
agencies by agreement may jointly exercise any power common to the contracting
parties. It is the intent of the parties to this agreement that the Alameda County
Abandoned Vehicle Abatement Authority continue to operate so as to exercise
the powers granted them by Vehicle Code Sections 9250.7 and 22710.
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NOW, THEREFORE, the Agencies agree as follows:
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1. Ohjective. The purpose of this agreement is to amend the prior
agreement creating the Alameda County Abandoned Vehicle Abatement
Authority in one respect only, leaving all other aspects of the prior agreement still
in effect.
2. Amendment The seventh line of Section 3. Powers on the second page
of the prior agreement is hereby amended to read as follows (new language is
italicized):
U Agencies in proportion to the number of vehicles they abate of ihe total
number of vehicles abated by the Authority, pro-rated where appropriate to
the"
IN WITNESS 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. .
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EXHIBIT B
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Abandoned Vehicle Abatement Authority
January 1, 1996
Page 2 of f'j(.~'c:.,,"(l
For the City of Albany
Date:
Attest
For the City of Alameda
Date:
Attest:
For the City of Dublin
Date:
Attest:
For the City of Berkeley
Date:
Attest:
For the City of Fremont
Date:
Attest:
For the City of Emeryville
Date:
Attest:
For the City of Livermore
Date:
Attest:
For the City of Hayward
Date:
Attest:
For the City of Oakland
Date:
Attest:
For the City of Newark
Date:
Attest:
For the City of Pleasanton
Date:
Attest:
For the City of Piedmont
Date:
Attest:
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JOINT EXERCISE OF POWERS AGREEMENT FOR
ABATEMENT OF ABANDONED VEHICLES
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This Agreement is entered into and becomes effective
, by and between the undersigned public agencies,
referred to collectively as tbe "Agencies;" .
WlTNESSETII
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 II:1ajority 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.
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NO\V, ffiEREFORE, the Agencies agree as follows:
1. 9biective..... The pu'rposes of this agreement are to impose a $1 vehicle
. registration ree and to provide a means of preparing, adopting, revising, and
carrying out an abandoned vebicle abatement plan and program as berein set
forth. -
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2. reati n of the Alameda' Coun Aban ned Vehicle A at m
",uthoritv~ There is bereby c.eated the Alameda County Abandoned VeMele
. Abatement Authority to exercise in the manner set forth ;n ihb Agicemcllt the .
powers conun"on to eacb of tbe Agencies: The Autbority sball be a public entity
separate from tbe Agencies. No debt, liflbility, or obligation of the Authority
shall constitute a debt, liability or obligation of any agency.
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EXHI:6IT 2
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Abandoned Vehic1e Abatement Authority
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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 "e...\~nl\\... >>~,
.l.fetar "(/?~...l~; to disperse all fundsreceived, less Autbority operating 'Y'o.:\C'C) \*-
~,experiS'es, 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 th,e conditions set forth in Vehicle 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.
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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 Vehicle Board which shall exercise all powers and authority on
behalf of the Authority.
The Board is empowered to establish its own pr'ocedures. 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 shaII hold at least one-regular
meeting each year. The date, hour and, place at which each such regular
meeti~g shall be heid -shaH be fIxed by resoiution 0:: 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 tbe
Ralph 11. 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.
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Abandoned Vehicle Abatement Authority
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The Board shall cause'minutes of all meetings to be kept and sball, 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.
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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, roles or
regulations for the conduct of its affairs as may be required.
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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 Trost Fund or any other source,
and to perform the following functions: .
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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 ':lpon warrants of the public officer performing the
functions'of audito:(c.r controller who has been so designated pursuant
to this Agreement; and .
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Verify and report in writing on the first day of July, October,
January, a'[l4 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.
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The functions of auditor shall be perfonned 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. 1n each case the
minimum requirements' of the audit shall ~e those presCDoed 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 ~thin 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
Agr.eement 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:
Att.~
For the City of Berkeley
Date:
Attest:
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For the Ci~ g'f Dublin
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