HomeMy WebLinkAbout0478.091-
OCtober 31, 1991
HO.t:O~ABLE CITY CC'JNCIL
Palo Alto, CalifJrnia
Members of the council:
8
'anta CltrA COUAty 1htP4ontd V.bioi. Abat ... pt S'rviee Authority
.. port in Bri.,
This report requests council approval of the att~ched resolution
approving participation in the Santa. clara County Abandoned Vehicle
Abatement Service Authority and autho~izaticn for the City Manager
to execute the att~ched agreement for the Authority.
Background
In 1973, the california Legisla.ture established a Statewide
Abandoned Vehicle Abatement Program ~ith enactment of California
Vehicle Code (CVe) Sections 9250.7 and 22710. Section 227.10
established the operational requirements for the program while
Section 9250~7 provided a funding source tor the program through
the establishment ot a one-time service fee on all reqistered
Vehicles. The funds were put into an Abandoned Vehicle Trust Fund
and the interest earned was used to maintain the program. The
allocated money was initially used by the California Highway Patrol
(CHP) to cond";Jct abatement programs for counties thr-ouqhout the
State~ A portion of money ~as also redirected for use in other
pr-oqrams that were deemed to have a qreater priority. By 1978, the
amount of money in the trust fund was no longer sufficient to
continue the proqra.m. Over the next several years, the Leqislatur-e
appropriated over $4~4 million. However, in 1980, a report
prepared by the Leqislative Analyst recommended that leqislation be
enacted. to terminate the state's responsibility for .funding and
administering the program or that the reimbur-sement to cities and
counties be at a constant rate reflecting tha costs incurred by
local agencies. As a result~ by 1982, due to lack ~f funding, the
proqras concluded~ The Legislature has since recognized that the
problem of .abandoned vehicles cO!'ltinued to 9ro\l and was still
creating a public nuis~nce and safety hazard. They also realized
that local qovernments did not have sufficient resources to deal
with the growing prohlem.
CMR:478:91
•
i
. ,
,
•
------~-,--~,
__ .~_..,..~_~2""~!IO!I~ .• atl'lll. WiJllllllltIU __ _
o
Psg-a. Tvo
In efforts to a~dress the problem, in 1990, AD 4~14 ~a5 enacted to
replace eve Section 9250.74 The Bill authorizes the creation of a
Service Autherity for abandoned vehicle abate~ent and provides a
fundin9 source (one additional dol14r vehicl-e registration fee) for
a period of five years pursuant to eve section 22710.
Authority leguir ... ptl 'Dd Provi.~
eve section 22710 provides for the establis~ent of a County
Abandoned Vehicle Abatement Service Authority (AVASA) if the bOar~
of supervisors and the majority of cities having a majority of the
incorporated population within the county adept resolutions
providinq for the creation of an Authority and the imposition of
the vehicle registration fee. Only partiCipating agencies are
eligible to receive funds. The. Santa Clara county Board of
Supervisor-s approved the convening of cities to discuss the
creation of the AVASA at their meeting of September 24, 1991.
Since then, representatives from the County and cities have met and
drafted the attached agreement for consideration and approval by
City Councils and the Board of Supervisors. Staff meJDberli {rom
almost every city and: the County will be recolnlll.ending participation·
in the AVASA to their respective Councils/Boards of supervisors.
The California Highway Patrol serves as the state's administrator
of the program, and ~ll AVASA programs ~ust be consistent with the
CHP guidelines. Prior to receipt of any funds, a program plan must
be submitted to t.~le CliP for their approval. For Santa. Clara
county, participating agencies will submit their individual
abandoned vehicle abatement ordinances ana proqram J:,lans to the
AVASA. The Authority will then 6Qbmit the entire plan to the CHP
for review.
Each. participating agency will be required to submit q',Jarterly
reports to the Authority detailing the number of vehicles abated
and an accounting ot. expenditures. Tt.e Authority will then ~
responsible for submitting the r~ports to the CHP.
In order for funds to be received in 1992~ the AVASA program plan,
includinq resolutions trom pa.rticipatinq agencies, needs to be
submitted to the CHP by November 18, 1991.
The one dollar ~$1} fee is paid to the Department of Motor Vehicles
at the time of registration or registration r~newal. The money is
placed in a trust fund and allocated ~y the state Controll~r to
CMR:478:91
~--
" '
"
Paqe Three
each partlcipatinq authority. A three cent per dollar ad&lnlstra
tive t~e will be deducted by the state tor program adminiatrative
costs, Santa Clara County's allotment is estimated to be about
$144 million dollars. County staff members have indicated that the
County vill take two to three percent ot the Authority's funds for
their administrative costs. The balance will then be disbursed to
participating agencies ~sed upon population proportion £iqures.
For 1992, Palo Alto's sh~re is estimated to be between $47,000 and
$50,000,
Us. of 7wuJI
T}~~ money must be used by agencies only for the abatement, removal
or disposal of abandoned, wrecked, dismantled or inoperative
vehicles or parts from private or public propertY4 Participatinq
aqenci~s may only receive reimbursement up to what it costs them to
op4erate their specific abandoned v.ehicle abatement prcqrams even
though an agency's &hare may be more. Under the Authority agree
ment, each agency will ha,,-e an entire year in 'Which to spend its
allotment~ At the end of each fiscal year, any remaining funds
from cities which do not use their allotment will be added to the
amount received by the Authority the following year far disburse
ment under the same population percentaqe formula.
'alo alto lrogr ..
CUrrently, 50 percent of II community service. officer's time and
about 25 percent of a staff secretary's time in the Police Depart
ment's Traffic Division is spent O~ abandoned vehicle abateDent in
Palo Alto~ OVer 1200 abandoned vehicles were processed last year.
Includinq equipment, salary and benefits and administrative over
head, the City spends approximately $60,000 a year to provide this
service. By participating in the Santa Clara County AVASA, based
upon t!Je estimated allotllleTJt for Palo Al to, about 80 percent of
these costs will be reimbursed to the City.
CCllclu.ion
staff believes that most other cities will participate in the
AVASA. The S::lnta Clara county Board of Supervisors are tentat.ively
scheduled to vote on participation at their meeting of November 5,
1991. Agencies would continue to operate their own abatement pro
qrams approved under the aqreement~ Palo Alto's Municipal code
ordinance meets ,the requirements of the CHP quidelines and no
revision would be needed.
CMR!478:91
\
-
,
I
~-""'~ ~ ,
J
I ~-',
Ii .,
(
.'
· •• r ... ·
RESOLUTION NO.
RESOWTION OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING THE ESTABLISHMENT OF AND PARTICIPATION
IN THE SANTA CLARA COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AU'l"HORI'LY, At~l:I AUTHORIZING THE
CITY I'.ANAGER TO EXECU'l'E THE AGREEMENT FOR SANTA
CLARA COUNTY AIIANDONED VEHICLE ABATEMENT SERVICE
AOTHORITY
WHEREAS, the City of Palo Alto desi~es to establish a more
efficient and cost-effective method of rer.noving abandoned vehicles
from city streets and private property within the City; and
WHEREAS, Cali~ornia Vehicle Code Section 227~O authorizes
the establish1!lent of a service authority for the abatement of
abandoned vehicles in Santa Clara County and the imposition of a
one dollar ($1.00) vehicle registration fE-e, if the Soard of
Supervisors, by a two-thirds vote, and a majority of the cities
having a majority of the incorporated population within the County
have adopted resolutions providing for the establishment of the
au~~ority and the imposition of the fee; and
WHEREAS, the establishment of a service authority makes
funding available to the City for abatement activities through the
imposition of a one dollar ,($1.00) per Vehicle annual registration
fee on all vehicles registered in Santa Clara County; and
WHEnAS, the humber of vehicles abandoned on public and
private property is constantly increasing, and it is increaSingly
difficult for the City to sufficiently fund programs to abate
abandoned vehicle nuisances; and
WHEREAS, participCltion in the Santa Clara county Al:landoned
Vehicles Abatement Se%vice Authority, including the imposition of
the one dollar CS1.OOj per vehicle annual registration fee, would
substantially benefit the public at large and the residents of the
City; and
WHEREAS, the City of Palo Alto has established a plan for
the abatement ot abandoned vehicles pursuant to Chapter 9~64 of the
Palo Alto Municipal Code;
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as tallows:
SECTION 1. The City Council of the City of Palo Alto
undertakes to join as a member agency, with othe~ jurisdictions
wi thin the County of Santa Clara as ,may also join, the Santa Clara
County AbanQoned Vehicle Abatement Service Authority.
1
~-i ~j q
,
o
SECTION 2. The City Manager is hereby authorited to
ex~C'utel en behalf ot the City, the Agreement tor Santa Clara
co~nty Abandoned Vehicle Abatem~nt Service Authority and any othar
su<;h documents or agreements ~s are necessary to pertona the
obligations and duties set forth in the referenced Agreement.
SECTION 3 a "l'he City Manager is hereby authorized to
appoint the city's repre~entatives to the service Authority and/or
its Board ot Directors as are provided in the Agreement.
SECTION 4. city staff as selected by the City Manaqe~ or
designated representative is hereby directed to perform such
services and undertake such actions as are authori z:ed by the
Agreement and as may be required for the tormation a:1d
administration of the Service Authority.
SECTION 5. The City Council heL"eby finds that the passage
of this resolution is not a project under the California
Environmental Quality Act and, therefore, no environmental jmpact
assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATT"i:ST: APPROVED:
City Cle!Ck Hayor
APPROVED AS TO FORM:
City Manager
_~sistant City Attorney
Director of Public Works
Director of Finance
2
••
u . ,
JRG: CNlC: Ice
10/28/91
A. PUiPOSE
o
CITIES lIND COUN"I'Y OF SAm'A CI.ARA
.. J!AKOOftSI) VEllICLE .'IllATEKE:n
SERVICE AUT!IORITY PLAN
•
The purpose of this Plan is to establish cperation of a Service
Authority under the provisions of CalHornia Vehicle Code § 22710.
The ~ervice Authority 18 to be ~nown as the Santa Clara County
Abandoned Vehicle Abatement Service Aut~ority.
The purpose of the Authority's plan shall be the exercising of
certain operations a.s set forth below which will assure the citizens
of the Cities and County of Santa Clara that abandoned vehicle
abatement activities are conducted in a manner most consistent with
the good of the general public.
B. AQTBORITY ORGANI~nm!
1. Membership in the Authority is open to all Cities adopting
resolutions providing for the establishment of the Service
Authority ..,-ithin Santa Clara County and the imposition of an
additional One Dollar ($1.00) collected on motor vebicle
2. The Authority is to he governed by a Board of Directors. The
Board of Directors will be comprised of representatives from
three (3) of the membership Cities and one (1) County
re'presenta.tive.
(a) Representation of the three (3j Cities shall be composed
of boo (2) Directors from the City of San Jose and t\]O
(2) Directors f~om the remaining Citi€s in the County.
53841</0204k 1
• ~,·--·~,--~·,,-....... s •
I JRG: CNK: sec
10/28/91 o o
(b) Individual DirectorS' will selV~ staggered O!l'!' (1) and
two (2) year terms on the Board of Directors.
(c) City representation on the Board shall rotate to give
all Cities an opportunity to participate on the Soard,
(d) The Board of Dit.etors shall be responsible for the
adminlrtration of the Service Authority and the plans
adopted thereby,
(e) Monetary redistribution shall be with approval of a
majority Of all me~bers of the Authority baving a
majcrity of the incorporated population. Funds .-ill be
distributed to each member c£ the Authority in the same
proportion as its: population bears to the total County
population based upon annual population figures provided
by the State Department of Finance. Tbese 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 m-ade in the 1st q'Jarter
of the fiscal year.
(f) Funds collected from non-participating Cities will be
distributed by the Authority to the participating
members on a population percentage formula described in
Section n(2)(e)~ above.
Collectively attached hereto as Exhibit A and incorporated herein
by reference are copies of the City and County resolutions providing
for the establishme~t of the Service Authority. That Service
5384kl0204k 2
-----
" ~
" ~ ~
J~G:CNK:scc
10/28{91
Authority io
o
compri&'ed of
J)ui.adicti2n
L City of Campbell
2. City of Cupertino
3. City of Gilroy
4. tity of Los Altos
\
the County and thoe following Cities:
.fQpula1;iQD*
36,250
40,350
31, 750
26,350
5. City of Los Altos l!ills 7,525
6. TO'WD of Los Gatos 27,450
7. City of Milpitas 51,600
g. City of Monte SerE'-DO 3,290
9. City of Morgan Hill 24,750
10. City of Mountain View 68,200
11. City of Palo Alto 56,000
12. City of San Jose 791.600
13. City of Santa Clara 94,100
14. City of Saratoga 28,000
15. City of Sunnyvale 119.600
16. County Unincorporated 106,200
Total COltbined Population -1,513,015
Total County Population -1,513.100
* Figure. based on California Department of Finance rounded
£igure. aB of January I, 1991.
Attached hereto as Exhibit B and incorporated h€rein by reference
is the Rescluticn approving this Plan as the Santa Clara County
Abandoned Vehicle Abatement Service Authority Plan.
53841</02041< 3
... :.
" '-------.... .,
q
:1
I
JRv-:CNK~scc
10128/91 o
•
Approximately vehicles were marked fot towing during the
previous six months. The actual n~mbe~ of vehicles towed was _
:Based on the definitic'n that an abandoned vehicle can he left on a
highway. public or private property, any vehicle tagged i& a potential
abaodonerl vehicle. Howeyer. many vehi clee that are not towed are
moved by the owner. It is estimated that approximately percent of
the number of vehicles which are marked for toying in Santa Clara
County actually fall int-o the definition of an aliand,:med vehicle.
Therefore. in our County it is estimated that there will be a
potential of __________ vehicles wbich 'Wi 11 become abandoned vehicles.
Pursuant to Califor:Iia Vehicle Code H 22660. 22661 and 22710 for
tbe establishment of local abandone1 vehicle abatement programs. the
Santa Clara County Vehicle Abatement Service Plan shall conS ist of a.
compilation of e;::ch program and/or plan adopted wi thin each
participating member's jurisdiction to the extent each jurisdiction's
program and/or plan is consistent with the requirements of the
California Vehicle Code and California High~ay Patrol guidelines.
It is the intent of the Service Authority members to recover the
cost of abandoned vehicle abatement from the Authority.
1. ~.nit;Qn of mCQ.sts RecQv-..e..l:' __ a_b_l.~_i.LQID---..t_b_e _____ A.u;t..hQ.l·fu;
Tbese are costs to include staff time expended and reasonably
related to abandoned vehicle abatement cases consistent with
each jurisdictio.-..'s appro .. ~ed and adopted program and/or plan,
5384k/02041< 4
\
. "
/
JRG:CNK:scc
10128191 o
including but
investigation,
Dot li!:lit~d to
site inspection,
•
costs associated ~ith
and monitol ing reports.
telephone contacts. correspondence and meetings with affected
parties. Staff time shall be calculated at an hourly rate as
established by that membet.
2. Cost AccQlU';timt and Re.C.9very Regui.,r.enQ
Each Service Authority member ';Jill maintain records of costS'
incurred by the enforcewent process engaged in the abandoned
vehicle abatement ptogram and/or plan and shall attempt
recQvery of those costs.
3. HcthoJi of Rec=y
On a quarterly basis. each Service Authority Memher shall
submit a claim for all recoverable costs incurred in tbe
implementation and administration of its abandoned vehicle
abatement plan.
G. ~REEME!!TS
Service Authority merr,bers may employ contractors for tbe
abatement. removal and ~isposal as public nuisance. or abandoned.
'-.:Jlec'k.ed,. dismantled. 01' inoperative vehicles or parts tbereof from
private or public property.
The Service Authority Board of Directors shall adopt an annual
budget and Bha~l set appropriate Ievenue amounts to be ealma:rt.ed to
each palticipatin:; member agency. These amounts are to be based on
the total revenue to be realized by the annual assessment of $1.00 per
5384k/0204k 5
I
"
JRG:CNK:scC
10/28/91
. ".
'.
•
o
registered vehicle in the County. These amounts will be less those
administrative cOileS which the Sel'vice Authority incurs. The
adndnistrative cost&' of the California Department of Motor Vehicles
and State Cont:roller's Office will be deducted from c.cllected fees
prior to distribution to the Authority.
The !oard of DirectoIs for the Service Authority will make
provisions for ~
1. Itemized accounting of payments to each particip-3ting member
of the Service Authority.
2.. Itemized accounting for the total number of abandoned
vehicles abated by efforts cf each participating member.
Quarterly. the Service Authority will generate reports to the
California Highway Patrol.
J . Ali SESSHElfLOF Tl!E PROOl!.l\H
The Service Authority Board of Directors will report annually on
the e.ffectiveness of the Authority to the California Highway Patrol
and shall distribute said reports to each participating ~Emher of the
Authority.
K. un:cUVE DATE OF PLAII
This Plan hecomes effective uPQn adoption of the Resolution
attached hereto as Exhibit B approving said Plan as the Abandoned
Vehicle Service Authority Plan.
(END]
53841<f0204k
l
J t' .
; j
I
I
j
I
I
I
i.
JRG: CNX: sec
10/28/91
-.-.:
o
AGREE.'1:ENT FOR
SANTA C!.ARA C01J1ITY ABANDONED VEl!ICLE ABAT'"J!.ENT
SERVICE AUTIlORIn
\
1. PARIIE:S. The part ies to thi s Agreement ar e the County of Santa
Clara and those Cities within the County that have elected to
create and participate in the Santa Clara County Abandoned Vehicle
Abatement Service Authority as p[~vided herein.
2, PURPOSE AND AUIHQRITX. The purpose of this Agreement is to
establish a Service Authority for the abatement of abandoned
vehicles in Santa Clara County pursuant to California Vehicle Code
.f 22710 and Government Code § 6500. ~-B~.
3. ~. Upon the effective date of this Agreement. there is
hereby created, the Santa Clara County Abandoned Vehicle Abatement
Service Authority ("Authority") as a separate public entity anj
distinct from the member jurisdictions to implement this Agreement
in accordance with Vehicle Code § 22710.
4. ~~_RSBIr U~Rl11. Memtership in the Authority will be
open to all Cities who. by app.ro\~ed resolution of their City
Council, agree to participate in the Authority. In addition, the
County of Santa Clara shall be entitled to membership; als0 by
approved resolution of its Board of Supervisors.
5. MbIlJl. OF DlRECTQF.S..
a. The Authority shall be governed by a five (5) member Board of
Directo.rs ("Board") I to he elected hy th-e members of the
Authority as is hereinafter provided. In the first year, two
(2) members will he elected to one year terms and three (3)
members, including the County representative, and the City of
San Jose representatives, to two (2) year term; all other
terms thereafter shall bE one (1) year.
b. The duties of the Board of DiH.'ctors 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, preparing and submitting
a Service Plan to the State, conducting and reportiug the
results of any survey. study or analysis, managing the
financial affairs of the A'Jthority. modifying a.nd/or
approving quarterly an·d annual reports to the State and
disbursing funds in accordance with this Service Authority
Agreement and the California Vehicle Code.
c. The five (5) Board members shall consist of representatives
as followS;
5384k/02041< 1
. -.. -. -... -.-~-., .... ",---.. , .•.
,,;,
~.
•
'.
JRG: em.: scc
10/28/91
1. One (1) reprEsentative from th~ County of Santa Clara.
2. Two (2) representatives from the City cf San Jose.
3. Two (2) representatives selected from th~ Ie~ainin,
Citi~s in the County, said representatives to be chosen
by those Cities.
d. Representation by Ci ties in the County other than Sa:l J-:lse
shall rotate with the election of each new Board member until
eac.h Ci ty has been represented. if it so des ires. on the
Boa.::d. Rotation shall continue for the life of the Authority.
6 . VOTINGJ1'JIIL>..
a. Formatlon of the Authority. imposition of the registration
fee and initial adoption of the Authority Agreem::-nt and Plan
shall be made upon a two-thirds vote of the Board of
Supervisors of the County of Santa Clara and a majority vote
of the Cities having a majority Of the incorporated
population within the County.
h. Any subse~uent amendment to the Authority Agreement or to the
Plan adopted thereby shall be made upon a majority vote of
the County and the Cities: having a majority of the
incorpc~ated pop~lation within the County.
c. Select io:;:). of the .Board of Di rectors representative from the
County shall be made by the County Executive. Selection of
the Board representatives from the City Of San Jose shall be
made by the City Manager. Selection of the Foard
representatives from the remaining Cities shall be made as
follows:
i. The Cities to be reIlresented shall be 6elected by a
majo'rity vote of the member jurisdictions at the annual
Author i ty membership meeting held pursuant to Section
9(a) below;
ii. The City Manager of the City selected by the Authot'ity
memborship shall appoint said City's Board member.
7. PQWEBSl'.ND DUTIES.
a. ContracUm_ a.nd Acts. Pursuant to Vehicle Code § 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 enSUI"e that the vehicle
registration fee authoriz;ed by Vehicle Code § 9250.7 is used
in accordance with the requirements of Vehicle Code § 22710.
b. Qrdlna.~e. Pursuant to Vehicle Cod~ § 22710(c)(1), the
Authority may adopt an ordinance establishing procedures for
5384k/0204k 2
. -
JRG: em:: sec
10128191 o
8.
9.
the abatement, removal. and disposal; as public Duisances, of
abandoned. wrecked, dismantled. or inope~ative vebiclea or
parts there",f, from private or pub}.ic property; and fa: the
recovery, pursuant to I 25845 or 36773.5 of the Government
Code, or a.ssumption by the Service Authority. cf costs of
Administration and of that removal and di sposal. As
governed by existing State 1~~. recovery methods may include.
but are not resttict.ed to. release fees. citation, lien,
and/or towing fees.
c. PrQgrAllL--and Plan. Pursuant to Vehicle Code § 22710(d). and
as authorized hy California Vehicle Code §I 22660 and 22661,
thi:: Authority shall implement a.n Abandoned Vt'hicle Abatement
Plan following the adopt ion of the Plan by the County of
Santa Clara and a majority Of the Cities having a majority of
the incorporated population. This Plan shall be a
compilation of the adopted program and/or plan in each
pax:ticipating jurisdiction. Each jurisdiction'S' program and
plan shall :be consistent 'With the California Vehi:le Code and
with guidelines prapared by the Calif~rnia Highway patrol.
d. Limltation on Autb~~. The manner of exerclslng pouers
granted the Authority and its Board by this Agreement shall
be subject to the same restrictions as are imposed upon the
County of Santa Clara in its exercise of similar powers. In
additioD 9 neither the Authority nor its Board shall interfere
in the day-to-l3ay administration and implementation Of each
jurisdiction's Program as adopted hy this Authority except as
expreggly provided for h~rein.
EU· Pursuant to Vehl cle Code ; 9250.7. the Authority hereby
imposes an annual service fee of One DollaI ($1.00) on vehicles
registered to an owner with an address j n Santa Clara County.
including the incorporated Cities. provided the Abandoned Vehi cle
Abatement Program and Plan, referred to in Section 7.e, above, is
appzoved by the CQunty and majority of the Cities having a
majority of the incorpotated porula.tion in substantial ~omplia::1ce
with Vehicle Code § 227l0(d).
I1AATINGS.
B. The full memberthip of the Authority shall meet at least once
annually in May. or earlier as necessary, for the purpose of
Board of Directcr City representa.tion S"electi on. approval of
the Authority budget for tbe following fiscal year and
adoption of the follo~ing fiscal year Plan. The full
membarship shall also meet. as requested by the Board on
behalf of any member and/or on its own behalf.
b. The "Board of Directors shall meet as necessary. but not less
than once per fiscal quartet. to carty out the purpose and
duties of the Authority. No meeting of the Board shall bl!:
53841<102041< 3
-~,...-... -.. --.... ---.. -..
.-: -
~ ....
JRG:CIIK:scc
10/28/91 o
condiJcted 10d th less than three (3) members Of thp. Board.
which rep.::esents a qU01"Um, and any action taken by the
Authority shall require a vote o! the majority of the flJll
.Board.
Written notice of the date. time and lccatioI! of Authority
membership and Board meetings sball be given to the City
ManagerB and County Executive of each member of tb~ Autholity
Dot less than seven (7) days prior to said meeting.
Public notice as required by the Brown Act ghall be given fer
all Board or other Authority meetings.
10. ll:tJI. Pursuant to Vehicle Code § 22710(b), the Authority shall
t.e staffed by representatives from the par-ticipating Authority
members.
11. ~I" The=e 5hall be strict accountability of all Authority
funds. The County Auditor shall be the auditor for the
Authority. On or before September 30 of each year~ Auditor shall
report 0..11 receipts and disbursements to the Authority, and make
Ot contract to m?~e, an annual audit of the Authority pursuant to
the reqrJirements of Government Code f £505.
a. The funds received by the Authority from the One Dollar
($1.00) registration fE'e shall be used in accordance with
Vehicle Code § 22710«)(2), and shall be distributed to the
Cities and the County for their use in accordance with
Vehicle Code § 22710(c)(2) and with the terms of this
Agreement. It is the Actho~ity's intent that each
jurisdiction shall bave the right to claim the total annual
allocation for said jurisdiction.
b. The funds .... il1 be disbursed quarterly. as received, based
upon claims submitted by each juris:dictic-n up to the maximum
quarterly allotment to each member of the Authority in the
same proportion as its population bea.rs to the total Co\mty
population, based upon population figures issued annually by
the State Department cf Finance.
c. In the event a particular jurisdiction's abatement costs for
any of the first three fiscal quarters exceeds the
jurisdiction's allotment for any cne or more of these
quarters, said jurisdiction may add tbe unreimbtlrsed amount
to its claim in the following fiscal quarter of th~t fiscal
yea.r.
d. In the event a particular jtrisdiction does not claim the
full amount of its quarterly allotment based on funds
received by the Service Authority, the ·'sl.Hplus funds" may be
accumulated for the remainder of the <.:.ur-rent fiscal year.
53841</OZ04k 4
JRG ,em:: 8C~
10/28/91
, .
.----
o
Any funds n<Jt d 1. sbutsed to a ju r isd iet ion at the end of the
fiscal year shall be added to the total gum received by the
Authority from the Controlle! tne following fiscal year and
there2fter disbursed pursuant to Califot<1ia Vehicle eoce §
22710(0)(2). "Surplus funds" are those funds allottl!d to a
jurisdiction in a fiscal quaIter of the same fiscal year but
are not claimed for that quartet.
e. The quarterly disbursement .,f funds to each £:articipatin&
jUt isdiction shell be based on the fiscal year beginning in
July.
f. The l'rea.sUt~I of the County of Santa Clara wi 11 receive any
funds distributed to the Authority by the State C~ntrolle.r
and E'hall disburse said funds. including interest thereon,
less administra.tive costs. to each member jurisdiction as
authorized by the Board and by the terms of this Agreement
and Service Authority Plan. The County Treasurer shall
report all receipts and disbursements to the Authority on a
quarterly basis.
13. N..l'~~.l1ll.~~~M~.l!l.i.. Any member jurisdicticn may
appeal a Board decision rejecting a claim, either in whole o:r io
part. to the Authority membership by req~esting; at a Board
Meeting. that the Board call a special meeting of the full
Authority membership. The Authority at the membership meeting
sball bear the jurisdiction's appeal and shall render a decision
ba!ed upon a majority vote of the members present, and such
decision shall be binding on the Authority an~ on the member
juriSdiction.
14. DEBTS AND LIABILI1I£S. The debts. liabilities. and obligations of
the Authority shall not be the debts. liabilities. and obligations
of the memb~r jurisdictions. 01: any of them. Any pa.rticipating
member of the Authority shall defend. indemnify. save and hold
harmless the Service Authority and any other participating members
from any and all clai!O.s. costs. liability for any damages.
sickness. death or injury to person(s) or ~roperty. from any cause
whatS'-::>ever ariSing directly or indirectly from or connected with
the operations or services of the participating members or its
agents. servant!. Or employees save and except claims, actions, or
litigation arising through the sole negligence or sole willfl'l
misconduct of the Service Authority or its officers or employees,
and the member ~ill make good to and reimburse the Service
Authority for any expenditures the Service Authority Illay maKe by
reaSOn of such matters and, if requested by the Service Authori ty.
any such ,suits at the sole cost and expense of the inVOlved
participating me~ber.
15. bUIBQRITY nc.uru. Reimbursed C.osts sball be fot the administration
and management of Service Autbority Plan(!). Any costs inc';J.t:red
in the operation of the Sezvice Authority must be apptoved by a
majority vote of the members in attendance at the Authority Annual
Meeting.
53841</02041<. 5
\
JRG: em:: sec
10/28/91 o o
16. IIJjI:NPMENT.
the County
population.
This Agreement may be amended upon ma.jority vote of
of the Cities ha""ing a majority of the incorporated
17. n:RlfINATTON .J>L.1IEMllDli. Subject to ITehicle Code i 22710, this
Agleem~nt may be terminated by member jurisdictions as follows:
•• Indi vir.i1J_~_l __ llfJt!.ML ___ . .J).lL.irlitlJ.9 __ M_. A membe [ ju [i sdi etion may
terminate its participatlon in this agreement and the
Authority immediately by providing written notice to the
County a!ly time before the Abandoned Vehicle Abatement
Program and Plan is approved pl,.l.!SUant to Vehicle Code
§ 22710(d). Notice to the County shall be delivered to the
Santa Clara CountjP Administrator I S Off i ce. San Jose. CA.
95112.
After the Abandoned Vehicle Abatemen": P.:ogram and Plan has
been approved? a member jurisdicticn may terminate its
participation in this Agreement a:'1.d The Allthority by
providing thirty (30) days written notice of such termination
to the Authority. HO'WoTever, termination shall not relieve a
member of its duty to comply with the Abandoned Vehicle
Abatement Program and Plan, Vehicle Code § 22710 and the
regulations adopted pursuant thereto, this Agreement and the
rules of the Authority a.s to any funds received from the
Authority. Notice of termination may be rescinded upon
written notice to the Authority at any time before the
effective date of termination.
b. .HaJ,.Q..:r; __ m. This Agreement may be terminated at any time by a
majority of the membet jurisdictions having a majority of the
incorporated populat ion voting to di ssoh~e the Author i ty.
18. NEW HEMBhR. A jurisdiction may choose to enter into the Authority
by gi .... ing a Notice of Submission. which is to be in resolution
form. and approved by a majority yote of that jurisdictionts
governing Council O~ Board. This resoilltion is to be received no
later than Apr il 1st by th2 Author i ty. Upon approval.
distribution Qf funds to the new jurisdiction will be i~
accordance to rules pre-viously app.roved in this Agreement.
Distribution will take place in the first quarter of the new
f i s cal yea r .
19. IERMJNATI.Q1L The Authority shall cease to exist (m the date that
all revenues received by the Authority. pursuant to Vehicle Code
§ 9250.7, have been expended.
20. CQlINTkU_AlU.S. This Agreement may be executed in counterparts
which. taken together. shall constitute one and the ~ame agreement.
5384k/0204k 6
JRG: eN]{: Ii'CC
10/28/91 o
•
j
21. SEVEW!¥Ip. The unenforceability, ic-"alidity~ or illegality of
&ny provl11oD shall not render the other provi'ion~ unenforceable.
invalid, O~ illegal.
22. EFfECUVE DArE. This Agreement !lecome. effective upon its
by two-thirds (2/3)
a majority of the
approval by tbe County Board of Supervisors
vote. and a majority of the Cities having
incorp~rated population within the County.
CO= OF SANTA CLARA
By:
FORM APPROVED:
COUN'l'Y COUNSEL
By:
C In OF CAJIPBELL
By:
ATTEST:
CITY OF CUPEaTINO
By:
ATTEST:
By: ___ _
5384):/0204):
5 _
'~,
-'c.
ATTEST:
Clerk of Board and County
Administrator
By: ---~---Deputy
R!:SOLUTION NO:
Dated:
By: ------
FORM APPROVED
By:
l\ESOLUTION NO:
Dated:
FORM APPROVED
By: ----------,---
R!:SOLUTrON NO:
Dated:
By: ------
7
•
JRG: em:: ICC
lOi28/91
CITY OF GILRO!
By: _
ATTEST:
By: __
CITY OF LOS ALTOS
By: " ___ _
ATIEST:
By:
CITY OF LOS ALTOS HILLS
By: ________ _
ATTEST:
By: _____ _
TOWN OF LOS GATOS
By:
ATTEST:
By: ____ _
53841</0204;.
o
FORM APPROV:ED
By:
RESOLOTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION 110:
Dated:
FORM APPROVED
By:
RESOLOTION NO:
Dated:
FORM APPROVED
By:
RESOLOTION NO:
Dated:
B
•
JRG : CN!(', • cc
10/2B/91
CITY OF MILPITAS
By:
AT'l'ESr:
By:
CITY OF HONTE SEFINO
By:
AT'l'ESr:
By:
CI TY OF HORGAN HI LL
By:
AT'l'EST:
By:
o
CITY OF HOUNTAIN VIEW
By: -------
AT'l'ESr:
By:
53B4);/0204);
/
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM AFPROVE,D
By: -----------
P.ESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM AFPROVED
By:
RESOLUTION NO:
Dated:
9
.JllG,ClIX,.cc
10/28/91
CI17 OF PALO ALTO
By:
ATTEST:
CITY OF SAN JOSE
By:
LES WITE
City Manager
ATTEST:
By:
PATRICIA L. O'HEARN
Acting City Clerk
CITY OF SANTA CLARA
By:
ATTEST:
Ey:
CITY OF SAl'.ATOOA
By: _
ATTEST:
By:
5384);'/0204k
o
FORM APPROVED
By: --------
RESOLUTION NO:
Dat~d:
FORM APPROVED
By:
CATllERINE N. I:DGURA
Deputy City Attorney
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTI~N NO:
Dated:
E"ORM APPROVED
Ey: -------
RESOLUTION NO:
Dated:
10
_,~, _____ "_--~~:-'_:O-,-:,,",_ -<::;.
JZ~;·
""~
JRG:CIIK:scC
10128/91
CITY OF SlIm"YVALE
By:
ATTEST:
By:
5384k10204);
o
• :. v";~
. -~?y..
FORM APPROVED
By:
RESOLUTION NO:
Da.ted:
11
n