HomeMy WebLinkAboutCC Resolution 8537 (Abandoned Vehicle Abatement Program)RESOLUTION NO. 8537
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
APPROVING ESTABLISHMENT OF AN ABANDONED VEHICLE ABATEMENT PROGRAM
OPERATED BY THE
MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY
WHEREAS, California Vehicle Code Sections 9250.7 and 22170
provide for increased vehicle registration fees to be used
for abandoned vehicle abatement, provided the County of Marin
and a majority of the cities in the County containing a majority
of the incorporated population establish a service authority
pursuant to Vehicle Code Section 22710 and authorize the
imposition of a one -dollar -per -vehicle registration fee on
all vehicles registered in Marin County; and
WHEREAS, the number of vehicles abandoned on public and
private property is constantly growing, and it is increasingly
difficult for the City to fund programs to abate abandoned
vehicle nuisances; and
WHEREAS, the Council feels it is appropriate that this
City join in the establishment of a Marin County Abandoned
Vehicle Abatement Program administered by the Marin Street
Light Acquisition Joint Powers Authority; and
WHEREAS, the Marin Street Light Acquisition Joint Powers
Authority's Abandoned Vehicle Abatement Plan and Program shall
initially consist of each member jurisdiction's approved
Abandoned Vehicle Abatement Plan and Program on file with the
Authority.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council approves that a Marin County Abandoned Vehicle Abatement
Program be administered by the Marin Street Light Acquisition
Joint Powers Authority according to the Agreement attached
hereto and pursuant to Section 22710 of the California Vehicle
Code.
BE IT FURTHER RESOLVED that a one -dollar -per -vehicle annual
registration fee be imposed on all vehicles registered in Marin
County pursuant to Section 22710 of the California Vehicle
Code.
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RESOLUTION NO. 8537
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the twenty-first
day of October, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Shippey
JE M. LEONCI I, City Clerk
AGREEMENT FOR
MARIN COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM ADMINISTERED
BY THE MARIN STREET LIGHT ACQUISITION.JOINT POWERS AUTHORITY
1. PARTIES. The parties to this Agreement are the County of Marin and those
Cities within the County that have elected to create and participate in an abandoned vehicle
abatement program operated by the Marin Street Light Acquisition Joint Powers Authority
("Authority").
2, PURP SE AND AUTHORITY. The purpose of this agreement is to establish
an abandoned vehicle abatement plan in Marin County operated by the Authority pursuant to
Vehicle Code section 2270, Government Code section 6500 et seq., and Authority Joint
Exercise of Powers Agreement ("A.-reement") Section 1 (3).
3. IMPLEMENTATION. The Authority shall implement this agreement upon
its effective date in accordance with Vehicle Code section 22710.
4. GOVERNING BOARD The membership and meeting policies of the
Governing Board are spelled out in Authority Agreement section 4.
5. POWERS AND DUTIES_
a. Contracts and Acts. Pursuant to Vehicle Code section 22710 (b), and
Authority Agreement section 5, the Authority may contract and may undertake any act
convenient or necessary to carry out any law relating to the abandoned vehicle abatement
program, 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. Pursuant to Vehicle Code section 22710 (c) (1), the
Authority shall adopt an ordinance establishing 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; and for the recovery, pursuant to section 25845
or 38773.5 of the Government Code, or assumption by the Authority, of costs of
administration and of that removal and disposal. The actual removal and disposal of vehicles
shall be undertaken by either the County, a City, or the Department of the California Highway
Patrol ("CHP").
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 Marin 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 CHP.
d. ' Fee, pursuant to Vehicle Code section 9250.7, the Authority shall
impose a service fee of one dollar ($1) on vehicles registered to an owner with an address in
the County, including the incorporated Cities.
e. 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
Marin in its exercise of similar powers.
6. STAFF. Pursuant to Vehicle Code section 22710 (c), and Authority
Agreement section 10, the Executive Officer of the Authority shall staff the abandoned vehicle
program. The Authority shall compensate the jurisdiction providing staffing to the Authority.
7. AUDIT., There shall be strict accountability of all abandoned vehicle
abatement program funds. Pursuant to Authority Agreement section 9, the County Controller
shall establish and maintain the funds and accounts for the program, and make or contract to
make an annual audit of the program pursuant to the requirements of Government Code section
6505.
8. FUNDS. The funds received by the Authority from the one ($1) registration
fee shall be used in accordance with Vehicle Code section 22710 (c) (2), and may be
distributed to the Cities and the County for their use in accordance with Vehicle Code section
22710 (c) (2).
9. AMENDMENT. Pursuant to Authority Agreement section 16, the abandoned
vehicle abatement program may be amended upon the unanimous approval of all member
jurisdictions.
10. TERMINATION BY MEMBERS. Subject to Vehicle Code section 22710,
the abandoned vehicle abatement program may be terminated by member jurisdictions as
follows:
a. Individual Member Jurisdictions_ A member jurisdiction may
terminate its participation in this agreement effective on the first day of any fiscal year
provided that such jurisdiction shall give one -year's prior written notice of such termination to
the Authority and the other member jurisdictions. Notice of termination maybe rescinded
upon written notice to the Authority and the other number jurisdictions at,any time before the
effective date of termination.
b. Maioritv. This agreement may be terminated at any time by a
majority of the member jurisdictions who are party to this agreement.
11. TERMINATION. The program shall cease to exist on the date that all
revenues received by the Authority pursuant to Vehicle Code section 9250.7 have been
expended.
12. EFFECTIVE DATE. This agreement becomes effective upon approval of 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.
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