91-042 Abandoned Vehicle Abatement Agreement 91-042 ABANDONED VEHICLE ABATEMENT AGREEMENT
1i 7
.�oF SA�r� CITY OF SAN ®J®SE, CALIFORNIA
OFFICE OF THE CITY ATTORNEY
r ; 151 WEST%MSSION STREET
AV' SAN JOSE.CALIFORNIA 95110
�g�FOa� (409)277d454
JOAN R.GALLO
City Attorney
November S, 1991 l
ILJ�
TO: Distribution (P
n
Re: AVAA Agreement
Enclosed please find page 6 to the Agreement for Santa Clara County
Abandoned Vehicle Abatement Service Authority, correcting a typo in
Section 16. Please insert this revised page 6 in your document.
Thank you for your attention to this matter.
JOAN R. GALLO
City Attorney
I By
CATHERINE N. KOGURA ,
Deputy City Attorney
CNK:scc
Distribution: �} /
John Thompson
Carl La Mier
Sg . Ron Clark
N. Austin L J 16
Barbara Brown
Dave Gullo
Sgt. Bob Gisburne
Sandia Faithfull
Nita Rabe-Uyeno �
Kirk Sanfilippo
Lynn Johnson
Peggy Giehl
Geoff Goodfellow ,�
Vern Gardner ( , ,yv�'
Sgt. De Quine
Sgt. Richard James �/
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16 . .F�1�MEid�. This Agreement may be amended upon majority vote of
the County and the Cities having a majority of the incorporated
population.
17 . TERMINATION BF MEMBER,5. 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
rul:as of the Authority as to any funds received from the
Authority. Notice of termination may be rescinded upon j
written notice to the Authority at any time before the
effective date of termination.
b. Ma-jQrity. 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 . TERMINATIQN. 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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16. &MUM= This Agreement may be amended upon majority vote of
all member jurisdictions having a majority of the incorporated
population.
17 . T RMLEAT M RY arm. ERS. Subject to Vehicle Code 9 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
i 22710(d) . ' Notice to the County shall be delivered to the
Santa Clara County Administratorae Office, tan Joe, , 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. Eowever, tc-mination shall not relieve a.
member of its duty to co-.aply �yith the Abandoned Vehicle
Abatement Program and Plan, Vehicle Code 9 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 elate of termination.
b. XAtrItY ?Pais 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 M ZR. A jurisdiction may choose to eater 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
overnin-a Council or Board. This tecolution is to be received no
ater tan ;April lot 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 is the first quarter of the new
fiscal year .
19. TJ' The Authority shall cease to exist on the date that
all revenues received by tbe ' Authority, pursuant to Vehicle Code
8 9250.7, have been expended.
20. ARTS. This Agreement- may be executed in counterparts
which, taken together. shall constitute one and the same agreement .
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: k ' SANTA CLARA COUNTY
ti
AVASA
BOARD MEETING
r ti
a
D 'E: FRIDAY DECEMBER 4, 1992
TIME : 10 :00 A. M.
LOCATION: CITY OF SAN J®SE,
DEPT. OF STREETS & TRAFFIC
2 NORTH 2N® STREET, SUITE 250
2N® FLOOR CONFERENCE ROOM
TOPiC: QTRLY REPORT
REVIEW OF EXPENSE
FORMS
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY(AVASA)
AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA--AVASA-AVASA-AVASA-AVASA-AVASA
(November 16, 1992
TO: AVASA Members
FROM: Harry R. Stangel
SUBJECT: AVASA MEETING
The Board has convened a meeting for December 4, 1992. The purpose of
the meeting is to approve the quarterly reports and review the format
for supporting expediture documentation with the quarterly reports. We
are requesting that you resubmit copies of the First Quarterly Report,
July - September for this meeting. Also as a reminder, please submit
supporting docurentation if you have not done so to Bob Schuster at Fax
354-4831 before the meeting. Contact Bob if you need additional
information.
1 f b�fi� Ratan el
t - 9
Treasurer AVASA/
P.O. Box 444 `
Saratoga, CA 95071-0444
(408)277-4341
HRS:IF.
ATTACHMENTS
AVASA-AVASA-AVASA-AVASA-A.VASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA-AVASA
RP.SOIUI'ION NO. 8531
A RESOLUTION OF THE COUNCIL OF THE CITY OF CUPEfMNO
APPROVING THE ESMUSHMENT OF AND PARTICIPATION
IN THE SANTA CLARA 0MNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY, AND
ALJPt MZING THE CITY =6CER
•10 EXECUTE THE AGREEMENT
FOR SAM CLARA COMM
ABANDONED VEHICLE
ABAT MERr SERVICE
AUTHORITY
W EREAS, the City of Cupertino 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 inTasition 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 o.' 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
I*H�REAS, the number of vehicles abandoned on public and private property
is constantly increasing, and it is increasingly difficult f,., . the City to
sufficiently fund programs to abate abandoned vehicle nuisances; and
WHEREAS, participation in the Service Authority, including the imposition
on the One Dollar ($1.00) per vehicle annual registration fee, would
substantially benefit the public at large and the residents of the City;
WHEREAS, the City has a plan for the abatement of abandon vehicle;
NOW, TMZUDRE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF XPE TINO:
SEC1`I0N 1 The City Council of the City of Cupertino agrees to join 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 Agreenent for Santa Clara County Abandoned Vehicle Abatement
Service Authority and any other such darts or agreements as are
necessary to perform the obligations and duties set forth in said Service
Authority Agreement.
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AGREEMENT FOR
SANTTA CLARA COUNTY ABANDONED VEHICLE ,A,BATEMITf
SERVICE Amain
1. . The parties to tH a Agreement are the County of Santa
C1.irA and those Citiee within the County that have elected to
create and participate in the Santa Clara County Abandoned Vehicle
Abatement Service Authority as provided herein.
2. PM95 arm A=NIX The purpose of thin Agreement is' to
establish a Service Authority fro the abatement of abandoned
vehicles in Santa Clara County pursuant to California Vehicle Code
9 22710 and Government Code 4 5500, gt_gg.
3. CREATION. Upon the effective data of this Agreement, there is
hereby created, 'the Santa Clara County Abandoned Vehicle Abatement
Service AuthorRe
y ("Authority") as a separate public entity and
distinct from member jurisdictions to implement this Agreement
in accordance with Vehicle Code 1 22710.
4. �p in T" A ® • 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 mvmbership; alai by
approved resolution of its Board of Supervisors .
3. BOARD 0Z DIRECTORS.
a. The Authority shall be governed by a five (5) member Board of
Directors ("Board"), to be elected by the memberd of the
Authority as is hereinafter provided. In the first year, two
(2) member# 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
AbandoAed Vehicle Abatement Program, preparing and submitting
a Service Flan to the State, conducting and reporting the
results of any survey, a udy or. analysis, managing the
financial affairs of the Authority, modifying and/or
approving quarterly and annual reports to the State and
disbursing hinds in accordance with this Service. Authority
. Agreement and the California Vehicle Code.
C . The five (5) Board members shall consist of representatives
as follows :
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16. AMENDMENT. This Agreement may be amende4 upon majority vote of
the County and the Cities ha�-ing a majority of the incorporated
population.
17 . TER14INA_T_ION BY __MEMBERS . Subject to Vehicle Code § 22710, this
Agreement may be terminated t , member jurisdictions as follows :
a. Individual Mem er Jurisdiction. 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 Administrators Office, San Jose, CA
9112.
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. Majority.. 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. UW__MEMM. 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 previou3ly 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. COUNTERPART, . This Agreement may be executed in counterparts
which, taken together , shall constitute one and the same agreement.
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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 Cit has been represented, if it so desires. on the
Board. 2otat ion shall continue for the life of the Authority.
6. S.
a. Formatiov 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 aha ll be made by the County Zcecutive. selection of
the Board representatives #rom 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 Mann ser of the City selected by the Authority
msemborsh ip shall appoint said City's aboard member .
7. PMU DUT2Bs•
a. 9 tzasts And Acts. Pursuant to Vehicle Code 0 22710(b) , the
Authority may contract and may undertake any act convenient
or necessary to carry out any law relatiiug to the Authority,
includinS acts necessary to ensure that the vehicle
registration fee authorised by Vehicle Code 1 9250.7 is used
In accordamee with the requirsaents of Vehicle Code 4 22710.
b. ® Pursuant to Vehicle Code 22710(c)(1), the
d►at'hority 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 pproperty; and for the
recovery, pursuant to 9 23845 or 38773.5 pf the Government
Code, or assumption. by the Service Authority, of costs of
administration and of that removal and disposal. As
overned by existing State law, recovery methods may include,
ut are not restricted to, release lees, citation, lien,
sand/or towing tees.
c, p _ar►d ian. Pursuant to Vehicle Code 122710(d) , and
as authorieod by California Vehicle Code It 22660 and ' 2661,
the Authority shall implement an Abandoned Vehicle Abatement
Plan following the adoption of the Plan by the County of
Santa Clara and, a majozft.,, of the Cities having a majority of
the incorporated pope ation- This Plan shall be a
compilation of the adopted program and/or plan in each
participating jurisdlativn. Bach jurig4iction,s program and
plan shall be consistent with the California Vehicle Code and
with guidelines prepared by the California highway patrol.
d . lim�tatien on Auth®ritj. 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 not its Board shall interfere
in the dray-to-day administration and implementation of each
jurisdiction's Program .as adopted by this Authority except as
expressly provided for herein.
g. In. pursuant to Vehicle Code 9 9250.79 the Authority hereby
imposes an annual service tee of one Dollar (S1.00) on vehicles
registered to an owner with an address in Santa Clara County,
including the incorporated Cities, rovided the Abandoned Vehicle
Abatement Program and flan, reterre to in Section 6.c, above. is
ap roved by the County and majority of the Cities having a
ma3ority of e incorporated� 1 population in substantial compliance
with Vehicle Code J t ) .
9. =XI GS.
a. The full membership of the Authority shall matt 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 o` any member and/or on its owls beha .i'.
b. The Board of Directors chal.l meet as neceeeary, 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- lose than three (3) members of the Board,
which represents a quorum, and any action taken by the
Authority shall require a vote of trio 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
Man& are and County Executive of each member of the Authority
not less than seven (7) days prior to said meetin..
Public notice as required by the Brown Act shall be given for
all Board or other Authority meetings.
10. S . Pursuant to Vehicle Code $ 22710(b). the Authority shall
be staffed by representatives from the participating Authority
members .
11 . &=I. 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 Cede 9 6505.
12. Qz EWE.
a. The funds received by the Authority from thr One Dollar
($100) r® istration fee shall be used in accordance with
vehicle Code 4 22710(c)(2), and #hall be distributed to the
Cities and the County for their rse in accordance with
Vehicle Code 6 22710(c)(2) and with the terms of this
Agreement. It ie the Autbofity,s intent that each
jurisdiction shall have the right to claim the total annual
allocation for said juriediction(e) .
b. The funds will be disbursed uarterlyI as received, based
upon claims submitted by each jurisdiction yap to the maximum
quarterly allotment to each member of the Authority in We
same proportion as its population bears to the total County
population, bated upon population figures issued annually by
the Stato Department of Finance.
C. In the event a particular jurisdictions abatement costs for
MY Of the first three fiscal guazters exceeds the
Jurisdiction's allotment for any one or mote of these
quarters, said jurisdiction may add the unreiabureed amount
to its claim in the following fiscal quarter 'of that fiscal
year.
d. In the event a particular jurisdiction does uut claim the
lull 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 9
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 quarter .
e. 'mho quarterly disbursement of funds to. each participating
jurisdiction stall be based on the fiscal year beginning in
July.
t. The Treasurer of the County of Santa Clara will receive any
funds distributed to the Authority by the State Controller
and shall disburse said fund#, including interest thereon,
lose administrative cost#, to each member jurisdiction as
authorised 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. aDZZAL TO Enj A B�,IT�gip, 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. D i..AND L 'M. The debts , liabilities, and obli atione of
the Authority shall not be the debts, liabilities, and obligations
of the member jurisdictions, or any of them• Any Partic ating
member of the Authority shall def®nd, ,;idemnify, gave an hold
harmless the Service Authority �zd any other participating members
from any and all claims, coots, liability for any damages,
sickness, death or injury to gersou(O or progerty, from any cause
whatsoever arising directly or indirectly from or convected with
the operations or services of the participating members or its
a ents, servants, or employees save and except claims, actions, or
ittigation arising through the sole no ligence 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 Weense of the involved
participating member.
15. A R.IXX C091S. Reimbursed coots 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 and the Cities having a majority of the incorporated
population.
17 . TERMINATION BY MEMBER _. 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 Ablit:ement 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 aiid 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. Majority. 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 fund: to the new jurisdi .t4on will be in
accordance to rules previously approved ir; 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. COUNTERPAM. This Agreement may be executed in counterparts
which, taken together , shall constitute one and the same agreement .
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21. EXE=3M Ate, ThLe Agreement • becomes effective upon its
approval by the County Board of Supervisors by two-thirds (2/3)
vote. and at majority of the Cities having a majority of the
incorporated population within'the County.
COMITY OF SANTA CLARA ATTEST:
Clerk of Board and County
Adminiatrator
By: By: ..�
Deputy
rORX APPROVED: RESOLUTION NO:
COUNTY COUNSEL Dated:
By: a By:
CITY OF SAN JOSE FORM APPROVED
By: Dy:
ATTEST: RESOLUTION NO:
Dated:
BY: By:
CITY of CUPERTINO FORM APPROVED t
• � IYZGC
• d a pprr� rra�e�.rr
Chuck Kilian, City Attorney
ATTEST: RESOY.7pl : 8531
l Gi' Dated: 1 I N'omb r 4, 1991
By♦♦ By:
-- _
p
Clerk V Don Bt' C ty Manager
CITY OF FORM APPROVED
By: By: �..®.
ATTEST: RESOLUTION NO.:
Dated:
BY:. By:
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CITY OF FORM APPROVED
BY: — By:
-
e
ATTEST: RESOLUTION NO:
Dated:
By: By:
CITY OF FORK APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
By° By.,
. .
CITY OF FORM APPROVED
By. By:
ATTEST: RESOLUTION NO;
Dated:
BY: By:
CITY Of' FURK APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
BY: By:
CITY OF FORM APPROVED
By: By.
ATTEST: RESOLUTION NO:
Dated:
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CITX OF I'OI�M APPROVE
By: .,� By:
ATTEST: RESOLUTION NO:
Dated:
By By: -
. CITY OF FORM APPROVED
By: By: —
ATTEST: RESOLUTION NO:
Dated:
By• _�___�.�. BY•
� BY:
CITY OF FORM APPROVED
By: _ By:
ATTEST: RESOLUTION NO:
Dated:
By: _ By:
CITY OF FORM APPROVED
By; By:
ATTEST: RESOLUTION NO:
Dated:
BY: By:
CITY OF FORM APPROVED
By. By.
ATTEST: RESOLUTION NO:
Dated:
By: By:
5384k/0204k 9
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10/17/91
FIFTR DRAn
CITT OF rORK APPROVED
By: BY:
ATTEST: RESOLUTION NO:
Dated:
CITY OF 1rOAX APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
BY: By:
CITY OF FORM APPROVED
BY: — BY:ATTEST: RRSOLUTION NO:
Dated:
BY: By: ----
5384k/0204k 10
FRCM:STREETS & TRFIC T^
10/i f/`J1 c0H252fD'?S3 OCT 23, 1991 12s 55PM P.12
FIFTH DRAFT
CITIES AM COMMY oh •SANTA CLARA
ABANDONED VMCLS ANATMMNT
SZMCZ ATMORITT PLAN
A. P
The purpose of this Plan is to establish operation of a Service
Authority under the provisions of California Vehicle Code ; 22710.
The Service Authority is to be known as the Santa Clara County
Abandoned Vehicle Abatement Service 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 Santa Clara that abandoned vehicle
abatement, activities are conducted in a manner most consistent' with
the good of the general public.
B.
1. Membership in the Authority is open to all Cities adopting
resolutions providing for the establishment of the Service
Authority. within Santa, Clara County and the imposition of an
additional CDe Dollar ($1 .00) 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
three (3) of the membership Cities and one (1) County
re,prese®�.aLiva. .
(a) Representation of the three (3) Cities shall be composed
of two (2) Directors from the City of San Jose and two
(2) blrectors from the rea&lning Citleo in the County.
53$4k/0204k 1
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FIFU DRAn
(b) Individual Directors will nerve staggered one (1) and
two (2) year terms on the Board of Directors.
(c) City representation on the board shall rotate to givq
all Cities an opportunity to participate on the Board.
(d) The Board of Directors shall be responsible for the
administration of the Service Authority and the plans
adopted thereby.
(e) Mo.- .ary redistribution shall be with approval of a
majority or all members of the Authority having a
majority of the incorporated population. Ponds will be
distributed to each member of the Authority in the same
proportion as its population bears to the total County
population baead upon annual population figures provided
by the State Department of Finance. These figures are
normally available iu the 2nd quarter of the calendar
year and any adjuetments in monetary allocations to
member® of the Authority will be made in the let quarter
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 deecrib,�d in
Section 3(2)(e), above.
C. Q
Collectively attached hereto as Exhibit A and incorporated herein
by reference are copies of the City and County revolution& providing
for the establishment of the Service Autbority. That Service
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SIRTR DRAFT
Authority is comprised of the County and the following Cities:
(To be listed in alphabetical order)
,�i�riadict RaRu1atioO
1 . City of Campbell 36,250
2 . City of Cupertino 40,350
3. City of Gilroy 31.750
4. City of Los Altos 26,350
5 . City of Los Altos Hills 7 ,525
6. City of Los Gatos 27,450
7 . C,ity of Milpitas 51,600
S. City of Monte Seseno 3,290
9. City of Morgan Mill 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 smnnyvale 119,600
16. County Unincorporated 106,200
Total Combined Population - 1,513,015
Total County' Population a 1,513,100
* ri ures based on California Department of Finance figures as of
January 1, 1991.
Attached hereto as Exhibit 8 and incorporated herein by reference
is the Resolution agreed to by the Cities and County :approving this
plan as the Santa Clara County Abandoned Vehicle Abatement Service
Authority Sian.
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FIFTH DRAFT
D Ma MMUL
Approximately vehicles were marked for towing during the
previous six months. The actual number of vehicles towed was Based on on the r;efinition that an abandoned vehicle can be left on a
hiahway, public or private property. any vehicle tagged to a potential
abandoned vehicle However, many vehicles that are not towed are
moved by the owner . It is estimated that approximately _ percent of
the number of vehicles which are marked for towing in. Santa Clara
County actually fall into the definition of an abandoned vehicle.
Therefore, in our County it is estimated that there will be a
potential of vehicles which will become abandoned vehicles .
E. DI SZQ AL AND O
Pursuant to California Vehicle Code §9 22660, 22661 and 22710 for
the eetabli.®hment of local abandoned vehicle abatement programs, the
Santa Clara County Vehicle Abatement Service Flan shall consist of a
compilation of each grogram and/or plan adopted within each
participating members. Jurisdiction to the extent* each jurisdiction's
program and/or plan is consistent with the requirements of the
California Vehicle Code and California Highway Patrol guidelines .
F. �®,�T 1LECAVERY
it is the intent of the Service Authority members to recover the
cost of abandoned vehicle abatement from the Authority.
These are costs to include staff time expended and reasonAbly
related to abandoned vehicle abatement cases consistent with '
aach Jurisdiction's approved and adopted program and/or plan,
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FIFTH DRAFT
including but not limited ' to costs a@sociated with
investigation. site inspection. and manftori-ng reports.
telephone contacts, correspondence and meetings with affected
parties. Staff time shall be calculated at an hourly rate as
established by that member.
2. t Aceou�ti_A„_�nd Res®vr—�JC.Vie' uire�i
Each Service Authority member will maintain records of costs
Incurred by the -enforcement proceov engaScd in the abandoned
vehicle abatement program and/or -plan and shall attempt
recovery of those Costs.
3 . Hathod d Ac ycrw
On a quarterly basis, each Service Authority Member shall
submit a claim. for all recoverable cost@ incurred in the
Implementation and admiuietration of its abandoned vehicle
abatement plan.
o.
Servics Authority members may employ contractors for the
abatement, removal and dispoeal as public nuisances or abandoned,
wreckad, dismantled, or inoperative vehicle# or parts thereof from
private or public property.
B.
The Service Authority Board of Directors shall adopt an annual
budget and sball set appropriate revenue amounts to be earmarked. to
each participating member agency. Those &=until are to be based on
the total revenue to be realised by the annual a#sesement of $1 .00 per
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. ripi'$ Dp"T
registered vehicle in the County. These mounts will be less those
administrative costs which the Service Authority incurs. The
administrative costs of the California Department of Motor Vehicles
and State Controller's Office will be deducted from collected fees
prior to distribution to the Authority.
The Board of Directors for the Service Authority will make
provisions for:
1 . Itemised accounting of payments to each participating member
of the Service Authority.
2. Itemised accounting for the total number of abandoned
vehicles abated by efforte of each pasticipatinS member .
1.
Quarterly the Service Authority will generate reports to the
California Sighway Patrol .
J. �,SS�S�I Q1c lItCC
The Service Authority Board of Directors will report annually on
the effectives►eee of the Authority to the California Highway patrol
and shall distribute said reports to each participating member of the
Authority.
a
5384k/0204k 8
RESOLUTION NO. 8531
A RESOLLMON OF TIE COUNCIL: OF THE CITY OF CISPEYMM
' APPROVING ZIP ESTABLISHMENr OF AND PARTICIPATION
IN rniE SANTA CLARA C OUWY ABANDONED VEHICLE
ABATUEM SF.WICE ALYniM ITY, AND
AU2HORIZING THE CITI'Y NAPS
TO EXEC UIE THE AGRE 4Wr
FOR SA M CLARA COUN rY
ABANDONED VEHICLE
ASATIIMENr SERVICE
ALTIHOPXrY
W;1FU:kEA>S, the City of C4v-rtino desires to establish a more efficient aryl
cost-effective method of removing abandoned vehicles fin 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
rote, 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
*1ERFAS, 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, the number of vehicles abandoned on public and private property
is constantly increasing, and it is increasingly difficult fur the City to
sufficiently fund programs to abate abandoned vehicle nuisances; and
WHEREAS, participation in the Service Authority, including the imposition
on the One Dollar ($1.00) per vehicle annual registration fee, would
substantially benefit the public at large and the residents of the City;
WHEREAS, the City has a plan for the abatement of abandon vehicle;
Now, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE C.`ITY OF CZJPF U INO:
SECTION 1 The City Council of tha City of Cupertino agrees to join as a
mer.ber 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.
.Resolution No. 8531
SECTION 3 Tte City Manager is hereby authorized to appoint the City°s
representatives to the Service Authority and/or its Board of Directors s
r are provided in the Agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of November 1991, by the following
vote:
Vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
Approved:
/s/ Nick Szabo
Mayor, City of Cupertino
Pro 'Tempore
Attest:
/s/ Dorothy Cornelius
Dorothy Cornelius, City Clerk
reso8531(CC)
RCM:STREETS & TRRFFIC Tom: 4082520753 OCT 23, 1991 12:47PM P,02
10/17/91' -
FIrTX DRAFT
AGREEMENT FOR
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMEITr
SERVICE AUTHORITY
1. RMIJES The parties to this Agreement are the County of Santa
C7ArA 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. P �._ ®A�OitITY, 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
5 22710 and Government Code § 6500, et geg.
3 . CASA= Upon the effective dot* of this Agreement, there is
hereby created, 'the Santa Clara County Abandoned Vehicle Abatement
Service Authority •-("Authority9/) as a separate public entity and
distinct from the member jur sdictions to implement this Agreement
in accordance with Vehicle Code § 22710.
4, -Hai x = AQTBo 1M 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 ara shall be entitled t,ri mumberuhip; alau by
approved resolution of its Board of Supervisors .
5. BOARD 0X DIMC1013 .
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 area
not limited to, preparing, and recommending to the County
Board of Su ervisor@ 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 affair* of the Authority, modifying and/or
approving, quarterly and annual reports to the State and
disbursing hinds in accordance with this Service. Authority
Agreement and the California Vehicle Code.
C . The five (5) Board members shall consist of representatives
as follows :
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SIXTH DRAk
1. one (1) representative from the County of Santa Clara.
2. T►po (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
@hail rotate with the election of each now Board member until
each City has been represented, if it go desires. on the
Board. Rotation shall continue for the life of the Authority.
a. Tormation 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 maJarlty of the incorporated
Population within the County.
b. Any subsequent amendment to the Authority Agrooment 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 shA11 be made by the County Zzecutive. - Selection of
the Board representatives from the City of Szn 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
Au hority 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 hoard member .
7. PTAs AtM-0=7-s.
a. gantractm wA AcM. Pursuant to vehicle Code § 22710(b), the
Authority may contract and may undertikke any act convenient
or nec®esary to catty out any law relating to the Authority
Including acts necessary to ensure that the vehicle
registration fee authorised by Vehicle Code 1 9230.7 is used
In accordance with the requirements of Vehicle Code 9 22710.
b. ordi.nan e. Pursuant to Vehicle Code 22710(c)(1), the
Authority may adopt an ordin4nce establishing procedures for
5384k/0204k 2
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10/17/91
FIFTH -DRAFT
the abatement, removal, and - disposal, as public nuisances . of
abandoned, wrecked, dismantled , or inoperative vehicles or
parts thereof, from private or public propertyi and For the
recovery, pursuant to § 25845 or 38773.5 pof the Government
Code, or assumption - by the Service Authority, of costs of
adminictratiova and of that removal and disposal. AD
. governed by existing State law, recovery methods way include,
but are not restricted t•v, release fees, citation, lien,
and/or towing fees .
c, pro and Plan. Pursuant to Vehicle Code 9 22710(d) , and
as authorisod by California Vehicle Code §9 ZZ66.0 and 22661,
the Authority ehall implement an Abandoned Vehicle Abatement
Plan following the ado�tion 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 , Lim tation on Authority. The manner of exercising powers
granted the Authority and its Hoard 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. o Pursuant to Vehicle Code § 9250.71 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, rovided the Abandoned Vehicle
Abatement Program and Plan, referred to in Section 6.c . above, is
ap roved by the County and majority of the Cities having a
majority of the incorpporated population in substantial compliance
with Vehicle Code 6 Mlo(d) .
9. k T,E IMS.
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 lees
than once per fiscal Quarter, to carry out the purpose and
duties of the Authority. No meeting of the Hoard shall be
5384k/0204k 3
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10/1Sf 9-1
SIXTH DRArT
conducted with- less than three (3) members of the Hoard,
which represents a quorum. and an action taken by the
Authority shall require a vote of tKe 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
Mann ere and County Zxecutive of each member of the Authority
not eas than seven (7) days prior to said meeting.
Public notice as required by the Brown Act shall be given for
all Hoard or other Authority meetings.
10. 5=. pursuant to Vehicle Code S 22710(b). the Authority shall
be staffed by representatives from the participating Authority
members .
11 . AUDIT, 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 1 6505.
12. OF FIBS.
a. The funds received by the Authority from the One Dollar:
($1 .00) re ietration roe shall be used in accordance with
vehicle Coils S 22710(c)(2) , And shall be distributed to tho
Cities and the County for their use in accordance with
Vehicle Coda I 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's) .
b. The funds will be disbursed uarterlyI as received; based
upon claims submitted by each jurisdiction up to the maximum
quarterly allotment to each member of the Authority n the
same proportion as its population bears to the total County
population, based upon population figures issued annually by
the Stato Department of Finance.
C. In the event a particular jurisdiction's abatement costs ror
any of the first three fiscal quarters exceeds the
jurisdictionos allotment for any one or more of these
quarters, said jurisdiction may add the unreimbureed amount
to its claim in the following fiscal quarter -of that fiscal
year .
d . In the event a particular jurisdiction does uut 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 .
5384kf0204k 4
PROM:STRCSTS & 'RPFFIC Qe2520753 OCT 23, 1991 12.'51PM P•O6
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SIXTH DRAFT
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 9
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 quarter.
e. The quarterly disbursement of funds to. each participating
jurisdiction shall be based on the faecal year beginnint 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 lands, 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. AFP AL T® MIA &=all M BA sM2. 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 mestin of the full
Authority mmembershiy. The Authority at the membership meeting
shall hear the jurisdiction's appeal and shall render a decision
based upon a majority vote o h of the members present, and such
decision shall be binding n e Authority and on the maember
jurisdiction.
14. g.,AND LIABILTTIZE. The debt* , liabilities, and obligations of
the Authority shall not be the debts, liabilities, and obli�atione
of the member jurisdictions, or any of them. Any partic sting
member of the Authority shall defend, indemnify, save an? 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 operation# or services of the participating members or its
a ents. servants. or employees save and except claims, actions , ur
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 got any expenditures the Service Authority may make by
reason of such matters and, if requested by the Service Authority,
any such suite at the sole coot and expense of the involved
participating *member.
15 . AtrMUZ X Tc . Roimburoed costs shell be for the administration
and management of Service Authority Plan(s) . Any coats 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.
5384k/0204k 5
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16 . AMFN3ME,�—T This Agreement may be amended upon majority vote of
the County and the Cities having a majority of the incorporated
population.
17 . TERMINAZ'.QN—BY MEIKBER _. 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 . Maj-Q-rity. 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 . T-E. NATION. 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. COUNTERPAM. This Agreement may be executed in counterparts
which, taken together , shall constitute one and the same agreement .
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FIPTR. DRAFT
21. CTUM -D=- 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.
COUXTY OF SANTA CLARA ATTEST:
Clerk of Board and County
Administrator
By: Sy:
Deputy
FORM APPROVED: RESOLUTION NO:
COUNTY COUNSEL Dated:
By: Sy;
CITY OF SAPS JOSE FORM APPROVED
By: Dy:
ATTEST: RESOLUTION NO:
Dated;
By: _ By:
j
CITY OF CUPERTINO FORM APPKO
Lhuck Kilian," `City Attorney
ATTEST: a RESOLI�T�O : 8531
i Dated I N embe� 4, 1991
E r'
BY: By
t lerk , Don , it
Manager
CITY OF FORM APPROVED
By: By:
A17EST: RESOLUTION NO: .
Dated:
By:. 3y:
5384k00204k 7 ,
FR 5Tk"EETS $, TRAFF I C
10,17r91 TO: 488252kYeS3 OCT 23• 1 gg1 12:54PM P.Bg
FIFTR DRAFT
CITY OF FORM APPROM
By: -- By•
ATTEST: RESOLUTION NO:
Dated:
By: By:
CITY OF FORME APPROVED
By: By:
•
ATTEST: RESOLUTION NO t
Dated:
By•
CITY OF FORDS APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
By: By:
CITY Of' FURK APPROVED
Ily: _.._ BY:
ATTEST: RESOLLUTION NO:
Dated:
By: By:
CITY OF F'ORX APPROVED
By: y
A MST: RESOLUTION NO:
Dated:
55840/0204k ". ®Y:
MIMI
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�e 1111))
FIFTH DRAFT
CITY Or FORM APPROVED
By: ,
ATTEST: RESOLVAMON NO:
Dated:
By: _.�.�... BY:
CITY OF FORM APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
By• —_— By• _
CITY OF FORM APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
By.. By;
CITY OF FORM APPROVED ,
By: By:
ATTEST: RESOLUTION NO:
Dated:
By: By:
CITY OF FORM APPROVED
By: By:
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ATTEST: RESOLUTION NO:
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By: By.
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CXTS OF MM APPROVED
By: By:
ATTEST: RESOLUTION NO:
Dated:
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CITY OF FORM APPROVED
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ATTEST: RESOLUTION NO:
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CITY OF FORM APPROVED
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ATTEST: RFP.SOLUTION NO:
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CITIES AIM COMMOr •SANTA CLARA
ABANDONED VMUCIE ANATF NT
SEMCR ADTDORIT% PIS
A,
The purpose of this Plan is to establish operation of a Service
Authority under the provisions of California vehicle Code ; 22710.
The Service Authority is to be known as the Santa Clara County
Abandoned Vehicle Abatement Service 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 Santa Clara that abandoned vehicle
abatement. activities are conducted in a runner most consistent' with
the good of the general public.
1. membership in the Authority is open to all Cities adopting
resolutions providing for the establishment of the Service
Authority. within Santa Clara County and the imposition of an
additional One Dollar ($1.00) collected on motor vehicle
registration rose .
2. The Authority is to be 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
representaLlye.
(a) Representation of the three (3) Cities shall be composed
of two (2) Directors from the City of San Jose and two
(2) b1cectors from the remaining Cities In tee County.
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(b) Individual Directors will serve staggered one (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 our the Board.
(d) The Board of Directors shall be responsible for the
administration of the service Authority and the plans
adopted thereby.
(e) Monetary redistribution ahall be with approval of a
majority or all members of the Authority having . a
majority of the incorporated population. Funds will be
distributed to each member of the Authority in the same
proportion as its populations bears to the total County
population bared upon 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 adjuatmente in monetary allocations to
members of the 'Authority will be made in the 1st quarter
of the fiscal year.
(f) Funds collected from non-participating Cities will be
distributed by the Authority Lo the participating
members on a population percentage formula described in
Section 8(2)(e), above.
C. Q]�B
Collectively attached hereto as Ezhibit A and incorporated herein
by reference are copies of the City and County resolutions providing
for the establishment of the Service Autbority. That Service
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Authority is comprised of the County and the following Cities:
(To be listed in alphabetical order)
edi tc ;on a tiont!
1 . City of Campbell 36,250
2 . City of Cupertino 40,350
3 . City of Gilroy 31.750
4. City of Los Altos 26,350
5 . City of Loa Altos Bills 7 .525
6. City of Los Gatos 27,450
7 . City of Milpitas $1,600
8. City of Monte Sereno 3,290
9. City of Morgan Hiil 24,750
10. City of Mountain view 68,200
11. City of Palo Alto 56,000
12. City of San Josa 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 Combined Population - 1,513,015
Total County- Population - 1,513,100
figure® based on California Department of rinance figures as of
January 1, 1991.
Attached hereto as Exhibit B and incorporated herein by reference
is the Besolij¢ion agreed to by the Cities and County 'approving this
plan ae the Santa Clara County Abandoned vehicle Abatement Service
Authority Plan.
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D.
Approximately vehicles were marked for towing. during the
previous six months. The actual number of vehicles towed was
Based on the definition that an abandoned vehicle can be left on a
hi8hwa. , public or private property, any vehicle tagged ie a potential
abandoned vehicle. However, many vehicles that are not towed are
moved by the owner . it is estimated that approximately percent of
the number of vehicles which are marked for towing in Santa Clara
County actually fall into the definition of an abandoned vehicle.
Therefore, in our County it is estimated that there will be a
y ••
potential of _________ vehicles Which will become abandoned vehicles.
E. LSPOSAL M PWRCOM
Pursuant to California Vehicle Code $9 22660, 22661 and 22710 for
the establiehment of local abandoned vehicle abatement programs, the
Santa Clara County Vehicle Abatement Service Plan shall consist of a
compilation of each program and/or plan adopted within each
participating member's. Jurisdiction to the extent each Jurisdiction's
program and/or plan is consistent with the requirements of the
California Vehicle Code and California Highway Patrol guidelines .
F. CDBT =
It is the intent of the Service Authoaity members to recover the
coat of abandoned vehicle abatement from the Authoiity:
1 . Defin on ®f Ceats it Isom t Q1 ity
These are costs to include staff time expended and reasonably
related to abandoned vehicle abatement cases consistent With '
each Jurisdiction's approved and adopted program and/or plan,
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including but not limited ' to costs associated with
investigation, site i pectione and manitoring reports,
telephone contacts, correspondence and meetings with affected
parties. Staff time shall be calculated at an hourly rate as
established by thAt member.
2. &- ateauired
Each Service Authority member will maintain records of costs
incurred by the enforcement procee® ensagcd in the abandoned
vehicle abatement program and/or ' plan and shall attempt
recovery of those costs.
3. Mathed a! Re e..arc.. rw.
On a quarterly basis, each Service Authority Member shall
submit a claim. for all recoverable costs incurred in the
Implementation and adm1ututration of its abandoned vehicle
abatement plan.
Service Authority members may employ contractors for the
abatement, removal and disposal as public nuisance, or abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property$
E.
The Service Authority Board of Directors shall adopt an annual
budget and small set appropriate revenue amounts to be earmarked. to
each participating member agency. These amounts are to be based on
the total revenue to be realised by the annual aseeesment of $1 .00 per
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registered vehicle in the County. These amounts will be less those
administrative costs which the Service Authority incurs. The
administrative cost® of the California Department of Motor vehicles
and State Controllers Office will be deducted from collected fees
prior to. distribution to the Authority.
The Board of Directors for the Service Authority will make
provisions for:
I . Itemized accounting of payments to each participating member
of the Service Authority.
2. Itemized accounting for the total number of abandoned
vehicles abated by etforte of each participating, member .
I.
Quarterly$ the 4ervice Authority will generate reports to the
California Highway Patrol.
J. AS S2= Or THH ZRQUAH
The Service Authority Board of Directors will report annually on
the effect 1veuame of the Authority to the California Highway Patrol
and shall distribute said ^eports to each participating member of the
Authority.
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