HomeMy WebLinkAboutCity Council Resolution 91-73
RESOLUTION NO. 91-73
A RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA
APPROVING THE ESTABLISHMENT OF AND PARTICIPATION IN
THE SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT FOR SANTA CLARA COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
WHEREAS, the City of Saratoga desires to establish a more efficient
and cost effective method of removing abandoned vehicles from City
streets and private property within the City¡ and
WHEREAS, California Vehicle Code Section 22710 authorizes the
establishment 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 fee, if the Board 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 authority 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
WHEREAS, participation in the Service Authori ty, including the
imposition of the One Dollar ($1.00) per vehicle annual
registration fee, would substantially benefit the public at large
and the residents of the City; and
WHEREAS, the City of Saratoga has a plan for the abatement of
abandoned vehicles¡
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SARATOGA:
Section 1. The City Counc il of the City of Saratoga
undertakes to )Oln as a member agency, with other
jurisdictions within the County of Santa Clara as may also
join, the Santa Clara County Abandoned Vehicle Abatement
Service Authority.
Section 2. The City Manager is hereby authorized to
execute, on behalf of the City, the Agreement for Santa Clara
County Abandoned Vehicle Abatement Service Authority and any
other such documents or agreements as are necessary to perform
the obligations and duties set forth in said Service Authority
Agreement.
Section 3,
appoint the
and/or its
Agreement.
The City Manager is hereby authorized to
City's representative to the Service Authority
Board of Directors as are provided in the
Section 4. City staff as selected by the City Manager or
designated representative is hereby directed to perform such
services and undertake such actions as are authorized by the
Agreement and as may be required for the formation and
administration of the Sèrvice Authority.
The above and foregoing Resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on the 20th day
of November, 1991, by the following vote:
AYES:
Councilmembers Anderson, Clevenger. Mania, Stutzman and Mayor Kohler
None
NOES:
ABSENT:
None
~
~-
ATTEST:
~ c!. ~_
Deputy City Cl~
V
The County of Santa Clara
and the Cities of:
Campbell
Cupertino
Gilroy
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Morgan Hill
Mountain View
Palo Alto
San Jose
Santa Clara
Sara toga
Sunnyvale
Abandoned Vehicle
Abatement Service Authority Agreement
1992
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110,
AGREEMENT FOR
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
1 PARTIES The parties to this Agreement are 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 provided herein.
2. PURP9SE AND AUTHORITY. 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
§ 22710 and Government Code § 6500, etese
3. CREATION. 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 and
distinct from the member jurisdictions to implement this Agreement
in accordance with Vehicle Code § 22710.
4. MEMB,,RSHIP IN THE AUTHORITY Membership in the Authority will be
open to all Cities who, by approved resolution of their City
Council, agree to participate in the Authority. In addition, the
County of Santa Clara shall be entitled to membership; also by
approved resolution of its Board of Supervisors
5 $QARD OF DIRECTORS
a. The Authority shall be governed by a five (5) member Board of
Directors ("Board"), to be elected by the members of the
Authority as is hereinafter provided. In the first year, two
(2) members will be 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 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, preparing and submitting
a Service Plan to the State, conducting and reporting the
results of any survey, study or analysis, managing the
financial affairs of the Authority, modifying and/or
approving quarterly and annual reports to the State and
disbursing funds in accordance with this Service Authority
Agreement and the California Vehicle Code.
The five (5) Board members shall consist of representatives
as follows
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1 One (1) representative from the County of Santa Clara
2 Two (2) representatives from the City of San Jose
3 Two (2) representatives selected from the remaining
Cities in the County, said representatives to be chosen
by those Cities
d Representation by Cities in the County other than San Jose
shall rotate with the election of each new Board member until
each City has been represented, if it so desires, on the
Board Rotation shall continue for the life of the Authority
6 VOTING RIGHTS
a Formation of the Authority, imposition of the registration
fee and initial adoption of the Authority Agreement 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
b Any subsequent 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
incorporated population within the County
c Selection of the Board of Directors 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 Board
representatives from the remaining Cities shall be made as
follows
i The Cities to be represented shall be selected by a
majority vote of the member jurisdictions at the annual
Authority membership meeting held pursuant to Section
9(a) below;
ii The City Manager of the City selected by the Authority
memborship shall appoint said City's Board member
7 POWERS AND DUTIES
a Contracts and 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 ensure that the vehicle
registration fee authorized by Vehicle Code § 9250 7 is used
in accordance with the requirements of Vehicle Code § 22710
b Ordinance Pursuant to Vehicle Code § 22710(c)(1), the
Authority may adopt an ordinance establishing procedures for
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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 § 25845 or 38773.5 of the Government
Code, or assumption by the Service Authority, of costs of
administration and of that removal and disposal As
governed by existing State law, recovery methods may include,
but are not restricted to, release fees, citation, lien,
and/or towing fees
c, grogram and Plan Pursuant to Vehicle Code 4 22710(d), and
as authorized by California Vehicle Code §§ 22660 and 22661,
the Authority shall implement an Abandoned Vehicle Abatement
Plan following the adoption 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
participating jurisdiction Each jurisdiction's program and
plan shall be consistent with the California Vehicle Code and
with guidelines prepared by the California Highway Patrol
d. Limitation on Authority The manner of exercising powers
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
addition, neither the Authority nor its Board shall interfere
in the day-to-day administration and implementation of each
jurisdiction's Program as adopted by this Authority except as
expressly provided for herein.
8. FEE Pursuant to Vehicle Code § 9250 7, the Authority hereby
imposes an annual service fee of One Dollar ($1 00) on vehicles
registered to an owner with an address in Santa Clara 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 § 22710(d)
9. MEETINGS.
a. The full membership of the Authority shall meet at least once
annually in May, or earlier as necessary, for the purpose of
Board of Director City representation selection, approval of
the Authority budget for the following fiscal year and
adoption of the following fiscal year Plan The full
membership 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 quarter, to carry out the purpose and
duties of the Authority No meeting of the Board shall be
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conducted with less than three (3) members of the Board,
which represents a quorum, and any action taken by the
Authority shall require a vote of the majority of the full
Board
Written notice of the date, time and location of Authority
membership and Board meetings shall be given to the City
Managers and County Executive of each member of the Authority
not less than seven (7) days prior to said meeting
Public notice as required by the Brown Act shall be given for
all Board or other Authority meetings.
10 STAFF Pursuant to Vehicle Code § 22710(b), the Authority shall
be staffed by representatives from the participating Authority
members
11 MELT. There shall 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 all receipts and disbursements to the Authority, and make
or contract to make, an annual audit of the Authority pursuant to
the requirements of Government Code § 6505.
12 DISBURSEMENT OF .FUNDS
a The funds received by the Authority from the One Dollar
($1.00) registration fee shall be used in accordance with
Vehicle Code § 22710(c)(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 Authority's intent that each
jurisdiction shall have the right to claim the total annual
allocation for said jurisdiction
b The funds will be disbursed quarterly, as received, based
upon claims submitted by each jurisdiction up to the maximum
quarterly allotment to each member of the Authority in the
same proportion as its population bears to the total County
population, based upon population figures issued annually by
the State Department of 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 one or more of these
quarters, said jurisdiction may add the unreimbursed amount
to its claim in the following fiscal quarter of that fiscal
year
d In the event a particular jurisdiction does not claim the
full amount of its quarterly allotment based on funds
received by the Service Authority, the "surplus funds" may be
accumulated for the remainder of the current fiscal year.
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Any funds not disbursed to a jurisdiction at the end of the
fiscal year shall be added to the total sum received by the
Authority from the Controller the following fiscal year and
thereafter disbursed pursuant to California Vehicle Code 4
22710(c)(2) "Surplus funds" are those funds allotted to a
jurisdiction in a fiscal quarter of the same fiscal year but
are not claimed for that quaiter
e The quarterly disbursement of funds to each participating
jurisdiction shall be based on the fiscal year beginning in
July
f. The Treasurer of the County of Santa Clara will receive any
funds distributed to the Authority by the State Controller
and shall disburse said funds, including interest thereon,
less "administrative 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 APPEAL TO FULL AUTHORITY MEMBERSHIP. Any member jurisdiction may
appeal a Board decision rejecting a claim, either in whole or in
part, to the Authority membership by requesting, at a Board
Meeting, that the Board call a special meeting of the full
Authority membership The Authority at the membership meeting
shall hear the jurisdiction's appeal and shall render a decision
based upon a majority vote of the members present, and such
decision shall be binding on the Authority and on the member
jurisdiction
14 DEBTS AND LIABILITIES The debts, liabilities, and obligations of
the Authority shall not be the debts, liabilities, and obligations
of the member jurisdictions, or any of them. Any participating
member of the Authority shall defend, indemnify, save and hold
harmless the Service Authority and any other participating members
from any and all claims, costs, liability for any damages,
sickness, death or injury to person(s) or property, from any cause
whatsoever arising directly or indirectly from or connected with
the operations or services of the participating members or its
agents, servants, or employees save and except claims, actions, or
litigation arising through the sole negligence or sole willful
misconduct of the Service Authority or its officers or employees,
and the member will make good to and reimburse the Service
Authority for any expenditures the Service Authority may make by
reason of such matters and, if requested by the Service Authority,
any such suits at the sole cost and expense of the involved
participating member
15. AUTHORITY COSTS Reimbursed costs shall be for the administration
and management of Service Authority Plan(s) Any costs incurred
in the operation of the Service Authority must be approved by a
majority vote of the members in attendance at the Authority Annual
Meeting
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16 AMENDMENT This Agreement may be amended upon majority vote of
the County of the Cities having a majority of the incorporated
population
17 TERMINATION BY MEMBERS Subject to Vehicle Code § 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
§ 22710(d) Notice to the County shall be delivered to the
Santa Clara County Administrator's Office, San Jose, CA
95112
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 thirty (30) days written notice of such termination
to the Authority However, 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 as 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 Ma ority This Agreement may be terminated at any time by a
majority of the member jurisdictions having a majority of the
incorporated population voting to dissolve the Authority
18 NEW MEMBER A jurisdiction may choose 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 first quarter of the new
fiscal year
19 TERMINATION The Authority shall cease to exist on the date that
all revenues received by the Authority, pursuant to Vehicle Code
§ 9250 7, have been expended
20 COUNTERPARTS This Agreement may be executed in counterparts
which, taken together, shall constitute one and the same agreement
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21 SEVERABILITY The unenforceability, invalidity, or illegality of
any provision shall not render the other provisions unenforceable,
invalid, or illegal
22 EFFECTIVE DATE This Agreement becomes effective upon its
approval by the County Board of Supervisors by two-thirds (2/3)
vote, and a majority of the Cities having a majority of the
incorporated population within the County.
COUNTY OF SANTA CLARA
By
ENANNE McKENNA
APPROVED AS fO• ngsan, Board of Supervisors
AMD LEGALITY
COUNTY COUNSEL
By
CITY OF CAMPBELL
ATTEST` NCI Ann
M. RAMS, DLO*
\ 1 C `Ann nF SI7PERSOBS
RESOLUTION NO
Dated #44(t/P.9/
By
FORM APPROVED
By: L/a Ilt(.Yy By
ATTEST;
RESOLUTION NO 5/.9,3
Dated Ak2 4?",/.9.9,/
CITY of/C •ERT. NO FORM APPROVED /r�
By i / _ By C�''C�Z/
%/-�`
ATTEST //, /////�
By 6 ht
RESOLUTION NO 853/
Dated Nap. <t /S9/
By
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CITY OF LOS ALTOS
By
ATTEST
By
CITY OF, OS ' LTOS HILLS
By:
ATTEST
By:(—,I✓t�
TOOF LOS GATOS
(.,S ,
By
ATTEST:
By KGLt..t-t7.k7). l�
FORM APPROVED
By
ace6-
t i(sire /
RESOLUTION NO: y/_ 65
Dated Oa. z//99/
FORM APPROVED
By:
RESOLUTION NO: 9 \ -�j5
Dated 111,2_601
FORM APPROVED
By
RESOLUTIO�] N L /"" 9/
Dated: 117/ j79/
FORM APPROVED
By
RESOLUTION NO 199 /- ?S -
Dated '71,011.Fier a)
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CITY OF MILPITAS
By - ter-
ATTEST:
By: 7-4-a—e-•
CITY OF MONTE SERENO
By
ATTEST:
By t
CITY OF MORGAN BILL
B, G G1
ATTEST
By i.;/‘A-✓
CITY OF MOUNTAIN VIEW
By
ATTEST:
By
.yr
FORM APPROVED
RESOLUTION NO Coo 5 %
Dated Nouembr-.- 1y, /59j
FORM APPROVED
By
i
RESOLUTION NO: /33.' -
Dated: od /5„,/55/
FORM APPR9yED
By
//
RESOLUT 0/No ."/"A09-'
Dated //-A-9/
kPPRO'+_U AS TO FORM
FORM APPROVED
By
RESOLUTION NO
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Dated tgwt.2li i!9/
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CITY OF„PALO ALTO
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C»-cs`c.S.
By
ATTEST
By
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CITY OF SAN JOSE
AsSTCrrYCtact-
By LES WHITE
City Manager
By Darrell Dearborn
Deputy City Manager
ATTEST ,J Q],�
By: c L-O�•LNLCJULIcn
PATRICIA L O'HEARN
Acting City Clerk
CITY OF SANTA CLARA
By:`QAW: en C ALQF6Ap
ATTEST
By /.7!^n t4 / ' -�i O,c�� ALA_
.9crirfit:d y C /or K
CITY OF SARATOG
By id
ATTEST ))�J�
By C.
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5384k/0204k
FORM APPROVED
By
RESOLUTION NO: 7035
Dated Mv. y'ryy/
FORM APPROVVED .//
(1&4L
Gt tY1/�attdC:�
THERINE N KOGJRA
Deputy City Att'&rney
By
RESOLUTION NO: 6 333 7
Dated N'o% ,f,/.9.9/
FORM APPROVED
By: 114,6'4.,4 (P C 2 \LU
ctino ,.,R &U itiri..:,
RESOLUTION NO 504/3
Dated 0c¢0her "9,, /y yl
RESOLUTION NO 9/-73
Dated //-2,p_iy
10
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CITY OF SUNNYVALE.
By✓. at
City Ma • ler,
ATTEST
By
V
cite ultdidAti
Deputy City Clerk
5384k/0204k
FORM APPROVED
By
Attorney
RESOLUTION NO
Dated
11
199-91
October 29, 1991