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HomeMy WebLinkAboutResolution 94-232 N.C.S. 08/15/1994 j ~ ~es~ Utlon Nom. 94-232 N C.S. 1 of the City of Petaluma, California 2 3 RESOLUTION SUPPORTING THE ESTABLISHMENT OF THE SONOMA COUNTY 4 ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY 5 6 7 WHEREAS, Assembly Bill No. 4114 provides for increased vehicle registration fees to 8 be used to promote the removal of abandoned vehicles provided the County of Sonoma and a 9 majority of the cities in the County containing a majority of the incorporated population establish 10 a service authority pursuant to Vehicle Code Section 22710; and 11 12 WHEREAS, the establislunent of the service authority makes funding available for 13 abatement activities through the imposition of aone-dollar-per-vehicle annual registration fee on 14 all vehicles registered in Sonoma County; and 15 16 WHEREAS, the number of vehicles abandoned on public and private property is 17 constantly increasing, and it is increasingly difficult for the City to fund programs to abate 18 abandoned vehicle nuisances; and 19 20 WHEREAS, it is appropriate that the City Council support the establishment of a separate 21 public entity to be known as the Sonoma County Abandoned Vehicle Abatement Service 22 Authority, so that the City may consider becoming a member agency thereby assessing funding 23 for abandoned vehicle abatement programs. 24 25 NOW, THEREFORE, BE IT RESOLVED that the City of Petaluma does resolve as 26 follows: 27 28 Section 1. Authorizes City to support the establishment of the Sonoma County 29 Abandoned Vehicle Abatement Service Authority. 1 94-232 Rcs. N~ n.c.s. 1 2 Section 2. Authorizes City staff to participate in drafting of the Service Authority 3 Agreement and Plan. 4 5 Section 3. This resolution shall become effective immediately upon its passage and 6 adoption. 7 8 9 resVehic/gb-1 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~4~}~rli~)x§~1) meeting form on the .15th-------------- day of .........August........--•-•--•--------...-...-..., 19.94.., by the following vote: City Attorney AYES: Parkerson, Read, Barlas, Shea, Mayor HIlligoss NOES: None ABSENT: Hamilto i ayor Sobel ity Clerk Mayor Council File ca ~o-e5 Res. ~o........g.q.-.ti.~.~..... N.c.s. CITIES AND COUNTY OF SONOWIA . ABANDONED VEHICLE ,4'BATEIVIENT SERVICE AUTHORITY PLAN A. Purpose The purpose of this Plan is to establish operation of a Service Authority under the provisions of AB 4114. The Service Authority is to be known as the Sonoma County Abandoned Vehicle Abatement Service The "Authority'). The purpose of the Authority's plan shall be the exercising of certain operations. as set forth below which will assure the citizens of the Cities and County of Sonoma that abandoned vehicle abatement activities are conducted in a manner most consistent with the good of the general public. 8. Authority Organization 1. Membership in the Authority is open to all Cities and the County adopting resolutions providing for the establishment of the Authority within Sonoma County and imposition of an additional one dollar ($1) collected on motor vehicle registration fees. 2. The Authority is to be governed by a Board of Directors. The Board of Directors will be comprised of representatives from each of the membership Cities and a County representative. a. Members will serve two year terms on the Board of Directors. b. The Board of Directors shall be responsible for the administration and management of the Authority Plan. c. Monetary redistribution shall be with approval of all members of the Authorify. Funds will be distributed on annual population figures provided 'by the State Department of Finance. These figures are normally available in the 2nd quarter of the calendar year and any adjustments in monetary allocations to members of the Authority will be made in the 1st quarter of the fiscal year. d. Funds collected from non-participating Cities will be distributed by the Authority to the participating members on a population percentage formula. e. "Any change in method of distribution of funds will need a simple majority of approval of the participating members of the Authority. C. Resolutions Enclosed as Attachment A are copies of the resolutions providing for the 1 R~SO • q~-a.3a NcS establishment o_f the Authority. That Authority is comprised of the County and the following Cities Jurisdiction ~ Population 1. Cify of C/o.verda/e 5,484 2. City of Cotati 6, 502 . 3. City of Hea/dsburg 9,.799 4: City of Petaluma 47,066 5. .City of Rohnert Park 39,017 6. City of Santa, Rosa ~ 124,913 7. City of Sebastopol 7,501 8. .City of Sonoma 8,696 9. City of Windsor ~ 17,342 10. County Unincorporated 155, 770 Total Combined Population 422,,090 Total County Population 422,090 *Figures based on California Department of Finance figures as of Januar rel. 1994 Enclosed ~as Attachment 6 is the agreement for Sonoma. County Abandoned Vehicle Abatement Service Authority by the Cities and Countyapproving this plan as the Sonoma County Abandoned Vehicle Abatement Service Authority Plan. a D. Abandoned Vehicle Estimates . Based on the definition. that an abandoned vehicle can be left on a highway, public or private property., any vehicle tagged is a potential abandoned .vehicle. However, many :vehicles. that are not towed are moved .by the owner. It is estimatedthat approximately 25 percent of .the number of vehicles which are marked for towing in Sonoma .County actually .fall .into the definition of an abandoned vehicle. In Sonoma County it is estimated that there .will be a.pofential of vehicles ,which will become abandoned vehicles. E. Disposal and Enforcement 1: The Authority will .contract with the :.Cities and County 'to use any of the following procedures to correct or secure compliance with the abandoned vehicle plan for the Authority. Those procedures may include: a. Initial Enforcement Action.. 2 , . , . ~ ~ ` ' b. Abandoned Vehicle Abatement. c. Citation. d. Injunction. e. Nuisance Abatement f. Permit Revocation 2. Initial Enforcement action is defined as using whatever means necessary to encourage the voluntary correction of an abandoned vehicle violation so that other enforcement measures may be avoided by the Authority. This may include a notice to responsible parties of the following: a. Exp/anatiori of the nature of the violations and any actions which the property owner and/or registered owner of the vehicle must take to correct the violations. b. A time limit for correction of the violation pursuant to Section 22523 of the Vehicle Code and/or local abandoned vehicle ordinances. c. A statement that any member of the Authority intends to charge the property owner for all administrative costs associated with -the abatement of a vehicle. 3. Time Limit for Correction A time line may be established that requires an abandoned vehicle violation, identified by a member of the Authority, to be corrected within a certain prescribed number of days. That time line may be eaten; ded by a Authority member if it appears likely that the responsible party will correct the violation within a reasonable time. 4. Abandoned Vehicle Abatement a. Each Authority member shall employ the procedures set forth in the California Vehicle Code and/or any local ordinances to remove abandoned vehicles from public and/or private property and secure their proper disposal. b. Authority members may under authorization of the. California Vehicle Code or ordinance by the Cities and County of Sonoma issue a citation to any person who violates these codes or ordinances. Issuance of a citation and penalties for the violation shall be pursuant to the California Vehicle Code and/or local ordinances. . c. lniunction Authority members may initiate proceedings in conjunction with a Cify or County counsel to secure injunctive relief to determine an abandoned vehicle violation as designated by City or County ordinances. 3 ~eso • q 4 - ~.3a. ?Jc s d. Nuisance Abatement. Authority members may employ, under California State Law or ordinances as adopted by the City or County, abatement of an abandoned vehicle as a nuisance as defined below: 7. Any condition declared by California State Law or ordinance adopted by the Cities: or County of Sonoma to be a nuisance. 2. Any patilic nuisance known at;common law or equity. 3: Any condition dangerous to human life, unsafe or detrimental to the public health and safety. e. Permit Revocation The Authority members may initiate proceedings to revoke° the approval of any land. use permit issued in a case where a .use of that land has been established or is conducted in a manner which fails to observe a condition of approval that will lead' to the accumulation of abandoned vehicles. F. .Disposal of Abandoned Vehicles . Each A~ufhocity member will after finding .that a vehicle . or parts thereof are in violation. cause the vehicle or parts to be disposed of by~;reinoval to ~a scrapyard for processing as scrap, or other final disposition consistent with .California State Law or local ordinances. G. Cost Recovery Strategy It is the intent of the Authority members to recover the cost of abandoned .vehicle abatement. ~ 1 1. Definition of Costs: These are costs to include staff time expended and ,reasonably related to nuisance abatement cases- where no permit is required, :for items :including but not limited to: investigation,. site inspection, monitoring, reports, telephone contacts, correspondence, meetings with affected parties, supervision of investigative efforts, and computer time. 2. Cost Accouriting .and Recovery Required Each .Authority member will maintain records of cos#s incurred in enforcement of the abandoned vehicle abatement program and .attempt recovery of those costs. Staff time shall be calculated at an hourly rate as established by that member. . 3: li~ethod of Recovery As ,governed `by existing State law, methods spay include but- are not 4 ~ _ ~ . , restricted to release fees; city"tion,. liening the vehicle and/or properfy owner, towing fees.. H. Contractual Agreements Authority members may employ contractors for the abatement, removal and disposal as .public nuisance, or abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. 1. Appropriate Fiscal Controls The Authority Board of Directors shall adopt an annual budget and shall set appropriate revenue amounts to be earmarked to each participating member agency. These amounts are to be based on the total revenue to be realized by the annual assessment of $7.00 per registered vehicle in the Counfy. These amounts will be less those costs for contracted services which the Service Authority might incur. Furthermore, the administrative costs of the California Department of Motor Vehicles and State Controller's office will be debited prior to distribution. ' The Board of Directors for the Authority will make provisions for: 1. Itemized accounting of payments to each participating member of the Authority. 2. Itemized accounting for the total number of abandoned vehicles abated by efforts of each participating member in accordance with the format of Attachment 1. J. Reporting Requirements • Quarterly, the Authority will generate reports to the California Highway Patrol which will be in the format of Attachment 2. K. Assessment of the Program The Authority Board of Directors will issue a report annually on the effectiveness of the Authority. 5 RQ s(5 • ~i ~l - 2.3 N C S " Cities and County of Contra Costa Abandoned i/ehicle Abatement, Service Authority Program Report . Quarter of Calendar Year 199_ Reporting Jurisdiction Reporting Dept. Public Prooertv Month/Year Marked/Notice Towed Quarterly 'Total . Private Property Month/Year Marked/Notice Towed Quarterly Total. - Total -Public & Private Prepared by: Title: Date: Telephone a - . Mailing Addresses: $NOTE -This report is due by the 15th. of month following the end of the quarter. (avarpt.fo/92:npw) CITIES & COl9fVTY 00= CONTRA COSTA - ABAIVDOIVED VEHICLE ABATEiVIEfVT SERVICE AUTHORITY ~ ~ , . QUARTERLY REPORT BY AGENCY _Quarter`Calendar Year AGENCY PUBLIC PRIVATE PROPERTY PROPERTY Marked Towed Marked Towed Total Total Marked Towed Towed Antioch Brentwood Cla ton Concord Danville 7p EI Cerrito ~ Hercules 0 • Lafa. ette INlartinez Mora. a u' Orinda R-~ Z Pinole l/? Pittsbur Pleasant Hill Richmond San Pablo San Ramon Walnut Creek Unincor .orated TOTAL - (2NDQOART.AVA:NPW) AGREEMENT FOR ~ SONOMA COUNTY ABANDONED VEHICLE ABATEitAENT SERVICE AUTHORITY 1994 1. PARTFES. The parties to this Agreement are the County of Sonoma and those Cities within the County that have elected to .create and participate in the Sonoma County Abandoned Vehicle Abatement Service Authority as provided herein. 2. PURPOSE.-AND AUTHORITY. The purpose of this Agreement is to establish a Service Authority for the abatement .of abandoned vehicles in Sonoma County pursuant to Vehicle Code section 2271'0 and Government Code section 6500- et seq. 3. CREATION. Upon the effective date ofi this Agreement, there is hereby created, the_ Sonoma C.o.untyAbandoned Vehicle Abatement:Servi'ce Authority ("Authority") as a separate public enfity and distinct from the. member jurisdictions to implement this agreement in accordance with. Vehicle Code section. 22710. 4. flAEMBERSHIP IN THE AUTHORITY. Membership in the Authority will be open to all cfes.who, 'by approved resolution of their City Council, agree to participate ' in the Authority. In addition, the County of Sonomashall be entitled toy membership; also by approved resolution of it's Board of Supervisors. 5. BOARD OF ®IRECTORS a. The .Authority shall be governed by a member Board of Directors, to be selected, by the members of the Authority. All terms shall be, two years. b. The duties of the Board of Directors will include, but are not .limited to, preparing and recommending. to the County Board of Supervisors and City Councils action on the Abandoned. Vehicle Abatement= Program, prepare and submit a Service Plan to the State, conduct and report. the :results of . any. survey, study or analysis, .manage the financial affairs of'.the Authority, modify and/or approve quarterly and annual reports to the State and disperse funds. c. The Authority Board of Directors members shall consist of a representative , - of each participating jurisdiction. The County representative shall be appointed by the Board: of Supervisors. City representatives appointed to the Board shall be selected by an Appointing Authority, to be determined . by each City. 6. VOTING RIGHTS. Each member of the Authority shall be entitled to one ;vote in 1 forming the Authority and selecting the Board of Directors. 7. POWERS AND DUTIES. a. Contracts and Acts. Pursuant to Vehicle Code section 22710(b), the Authority may contract and may undertake any act convenient or necessary to carry out any law relating to the Authority, including acts necessary to ensure that the vehicle registration fee authorized by.Vehicle Code section 9250.7 is used in accordance with the requirements of Vehicle Code section 22710. b. Ordinance. Each member jurisdiction of the authority shall certify that their local ordinances regulating the abatement of abandoned vehicles comply with Sections 25845 and 38773:5 of the Government Code, or Sections 22710(c) (1) and 22523 of the Vehicle Code as necessary and these local ordinances will serve to establish the- procedures for the abatement, removal, and disposal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, from private or public ' property. t c. Program and Plan. Pursuant to Vehicle Code section 22710(d), the Authority shall implement .an Abandoned Vehicle Abatement Program and Plan following approval of the Program and Plan by the County of Sonoma and a majority of the Cities having a majority of the incorporated population. The program and plan shall be consistent with guidelines prepared by the California Highway Patrol. d. Restriction. The manner of exercising powers granted the Authority by this Agreement shall be subject to the same restrictions as are imposed upon the County of Sonoma in its exercise of similar powers. - 8. FEE. Pursuant to Vehicle Code section 9250.7, the Authority hereby imposes an annual service fee of one dollar ($1) on vehicles registered to an owner with an address in Sonoma County, including the incorporated Cities, provided the Abandoned Vehicle Abatement Program and. Plan, referred to in section 7.c, above, is approved by the County and majority. of the Cities having a majority of the incorporated population in substantial compliance with Vehicle Code Section 22710(d). 9. b1~1EETIIVGS. The Authority and the Board of Directors shall meet at least annually to carry out the purpose and duties of the Authority. IVo meeting shall be conducted with less than a majority of all participating members, which represents 2 a quorum, and any votes of the Authority will be by a majority of that quorum. 10. STAFF. .Pursuant to Vehicle Code section 22710(c),, the Authority :shall be staffed . by representatives from the participating Authority members. 11. AUDI.T-. There shall be,strict accountability of all Authority funds. The County Auditor shall be the auditor for the .Authority. The Auditor shall .report .all receipts and disbursements. to the Authority, and make or contract to make,, an annual audit of the Aufhority pursuant to the requirements Hof Government Code section 6505. 12. FUNDS. The, funds received by the Authority from the one dollar- ($1) registration fee shall be used in accordance wifh Vehicle Code section 22710(c)(2), and shall be distributed to the Cities andthe: County for theiruse in accordance with Vehicle. Code: section ~22710(c) (2): The funds will be dispersed, as received, on population ' figures issued by'the State Department of Finance. 13. DEBTS AND LIABILITIES. The: debts, liabilities, and obligations, of the Authority shalt not be the debts, liabilities, and obligations of the member jurisdictions,,. orany of them. Any participating; member of the Authority shall defend, indemnify, save and hold harmless the Authority and any other participating members from any and .all claims, costs, liability` °for any ~.darimages, sickness,. death or .injury to person (s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected. with the operations or services of that member or its agents, servants, or employees save and except claims or litigation arising through the negligence ot~willful .misconduct . - of the Authority or its officers or employees, and will make good to and reimburse the Authority for any expenditures, including reasonable attorney's fees, the Authority may make by reason of such matters and, if requested by the Authority, defend. any such suits at the sole cost and: expense of the involved participating . member. 14. AUTHORITY COSTS. The Authority will contract, via this Agreement, with each individual member, and may undertake actions that are required by law relating. to the performance of duties in the removal of .abandoned vehicles from public and - private. property and public roadways and the cost associated with these duties. Any costs incurred in the operation of the Authority must be approved' by a simple majority vote of the Board of Directors: 3 15. AMENDMENT. This agreement,may be amended upon a simple majority vote of all member jurisdictions. 16. TERMINATION BY MEMBERS. Subject to Vehicle Code section 22710, this agreement may be terminated by member jurisdictions as follows: a. Individual Member Jurisdictions.. A member jurisdiction may terminate its participation in this agreement and the Authority immediately by providing written notice to the County any time before the Abandoned Vehicle Abatement Program and Plan is approved pursuant to Vehicle Code section 22710(d}. Notice to the County shall be delivered to the Sonoma County Code Enforcement Office, 575 Administration Drive, Room # 101-A Santa Rosa, CA 95403. After the Abandoned Vehicle Abatement Program and Plan has been approved, a member jurisdiction may terminate its participation in this Agreement and the Authority by providing 30 days' written notice of. such ' termination to the Authority and the other member jurisdictions. However, termination shall not relieve an member of its duty to comply with the Abandoned Vehicle Abatement Program and Plan, Vehicle Code section 22710 and the regulations adopted pursuant thereto, this Agreement and the rules of the Authority as to any funds received from the Authority. Notice of termination may be rescinded upon written notice to the Authority and the other member jurisdictions at any time before the effective date of termination. b. Maori This Agreement may be terminated at any time by a simple majority of the member jurisdictions voting to dissolve the Authority. 17. NEUV MEMBER. A jurisdiction may chose to enter into the Authority by giving a Notice of Submission, which is to be in resolution form, and approved by a majority vote of that jurisdiction's governing Council or Board. This resolution is to be received no later than April 1st by the Authority. Upon approval, distribution of funds to the new jurisdiction will be in accordance to rules previously approved in this agreement. Distribution will take place in the 1st quarter of the new fiscal year. 18. TERMINATION. The Authority shall cease to exist on the date that all revenues received by the Authority, pursuant to Vehicle Code section 9250.7, have been expended. 4 R,~so ~ ~ ,a 3 a 19. COUNTERPgRTS'. This Agreement maybe executed in counterparts which, taken together, shall constitute one and the ,same agreement. - 20. EFFECTIVE. DATE. This Agreement .becomeseffective upon. it's :approval by the . County Board of Supervisors by two-thirds vote., and a majority of`the Cities having a majority of the incorporated population within the County.. COUNTY OF S'OIVOMA ATTEST: Eeve C. Lewis, County Clerk ' By: FORM APPROVED: County COUNSEL RESOLUTION NO: Dated: . e By: ~ ` CITY OF CLOVERDALE FORM APPROVED By: By: - ATTEST: RESOLUTION NCI: Dated: By: CITY OF COTATI FORM APPROVED: By: By: ATTEST: RESOLUTION NO: Dated: By: 5 ~ . . CITY OF tiEALDSBURG FORM APPROVED: By: By: ATTEST: RESOLUTION NO: Dated: By: CITY OF PETALUAAA FORM APPROVED: 7 ATT ST: RESOLUTION Nq: Dated: ~CC~USt l ~1 ~ CITY OF ROHNERT PART( FORM APPROVED: By: By: . ATTEST: RESOLUTION NO: Dated: By: CITY OF SANTA ROSH FORM APPROVED: . By: By: ATTEST: RESOLUTION NO: Dated: By: s Rem 9~-a.3a I CITY OF SEBASTOPOL FORM APPROVED:. ey: _ By: ATTEST: RESOLUTION N0: Date: By: CITY OF SONO'IVIA FORM APPROVED: By: sy: ATTEST: RESOLUTION' NO; Dated: By. t CITY OF ~/INDSOR FORM APPROVED: By: By; ATTEST: RESOLUTION IVO: Dated: By: 7 o VEI-IICI.E REGIS'I'ItA'I"I®I~ ' COI.I.EC'I' $1.~ I'ER VEIIICI.E ~E~ART~IErrT VE ICLE A ATE SERVICE A o TY liq®T®R VEIIICI.ES sTATE CoNTROI,I.ER TIDII~I~ c ` CoIJ1V'I'1' AiJDIT®R z SERVICE ALT1'i-I®I~I'I'Y s AIl'1'I~® lI RECEIVE APPR®%I1~A'1'EL.Y x'196 ®F To'I'AL SERVICE Ai1'I'IIORI'I'1' MEM~EItS ~ as.