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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. nRIGIN�� �y3� 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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