HomeMy WebLinkAboutResolutions - No. 2001-202RESOLUTION NO. 2001-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
AUTHORIZING MEMBERSHIP IN THE SAN JOAQUIN COUNTY
VEHICLE ABATEMENT SERVICE AUTHORITY, IMPOSING A
$1 VEHICLE REGISTRATION FEE, AND APPROVING THE
ABANDONED VEHICLE ABATEMENT PLAN
WHEREAS, Section 9250.7 and 22710 of the California Vehicle Code provide for
the establishment of a Service Authority for abandoned vehicle abatement if the board of
supervisors of the county and a majority of the cities within the county having a majority
of the population adopt resolutions providing for the establishment of the authority; and
WHEREAS, the San Joaquin County Vehicle Abatement Service Authority has
been formed by the County Board of Supervisors and all other city jurisdictions in the
county, except the City of Lodi; and
WHEREAS, the City Council of the City of Lodi finds that abandoned, inoperable,
wrecked, and dismantled vehicles, or parts thereof pose a health and safety hazard and
are found to be public nuisances; and
WHEREAS, the City Council finds that an Abandoned Vehicle Abatement
Program is needed to provide for the proper removal and disposal of abandoned
vehicles and assist law enforcement and code enforcement personnel in abatement of
abandoned vehicles; and
WHEREAS, Section 9250.7 and 22710 of the California Vehicle Code authorize
the imposition of a one -dollar -per -vehicle registration fee on all vehicles registered in
San Joaquin County with such fees to be used to fund abandoned vehicle abatement
programs.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi
as follows:
1. Authorizes the City of Lodi's membership in the San Joaquin County
Vehicle Abatement Service Authority; and
2. Authorizes the imposition of the one -dollar vehicle registration fee, which
shall remain in effect only for a period of ten years from the inception of
the date that the actual collection of the fee commences; and
3. Authorizes City Manager to execute the Joint Powers Agreement for the
City of Lodi's membership in the San Joaquin County Abandoned Vehicle
Abatement Service Authority, a copy of which is attached hereto; and
4. Authorizes the City Manager to execute an agreement with the Service
Authority whereby the City of Lodi agrees to provide abandoned vehicle
abatement services within the City limits, a copy of which is attached
hereto.
Dated: August 15, 2001
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I hereby certify that Resolution No. 2001-202 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 15, 2001, by the
following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land and Pennino
NOES: COUNCIL MEMBERS — Howard and Mayor Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-202
JOINT POWERS AGREEMENT
SAN JOAQU INL COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY
I. PARTIES:
The parties to this Agreement are the County of San Joaquin, and those cities
within the County that have elected to create and participate in the San Joaquin
County Abandoned Vehicle Abatement Service Authority as provided herein.
II. PURPOSE AND AUTHORITY:
The purpose of this Agreement is to establish a Service Authority for the
abatement of abandoned vehicles in San Joaquin County pursuant to Section
22710 ofthe California Vehicle Code (VC).
II1. CREATION: .
upon the effective date of this Agreement, there is hereby created, the San
Joaquin County Abandoned Vehicle Abatement Service Authority as a separate
public entity and distinct from the member jurisdictions to implement this
agreement in accordance with Section 22710 VC.
IV. MEMBERSHIP IN THE AUTHORITY:
Membership in the Service Authority will be open to all cities that, by an
approved resolution of their city council, agree to participate in the Service
Authority. Iri addition, the County of San Joaquin shall be entitled to membership,
also by an approved resolution of its Board of Supervisors.
V. BOARD OF DIRECTORS:
a. The Service Authority shall be governed by a board of directors. The
initial terms of the director shall be two years for half of the members of
the board of directors and four years for the remaining members of the
board of directors. The initial terms shall be determined by lot at the first
meeting. Thereafter, all terms shall be four years.
The duties of the board of directors will include, but are not limited to:
preparing and recommending to the County Boa:d of Supervisors and city
councils action regarding the Abandoned Vehicle Abatement Program;
preparing and submitting a Service Plan to the State of Califorma,
California Highway Patrol (CHP); conducting and reporting the results of
any survey, study or analysis pertaining to the Program; managing the
financial affairs of the Service Authority; modifying and/or approving
quarterly and annual repo is to the CHP; and disbursement of funds.
c. The Service Authority's board of directors shall consist of a representative of
each participating jurisdiction. The County representative shall be appointed
by, and serve at the pleasure of, the. Board of Supervisors. City
representatives appointed to the board shall. be selected by, and serve at the
pleasure of, an appointing authority to be determined by each city. Each
jurisdiction may appoint an alternate to attend and act on behalf of that
jurisdiction.
VI. VOTING RIGHTS:
Each member of the Service Authority shall be entitled to one vote in forming the
Service Authority and selecting the board of directors.
VII. POWERS AND DUTIES:
a. Contracts and Acts: Pursuant to Section 22710(b) VC, the Service
Authority may contract and may undertake any act convenient or
necessary to carry out any law relating to the Service Authority.
Ordinance: Each member jurisdiction of the Service Authority shall
certify that its local ordinances comply with Sections 22660 and 22661
VC for the abatement, removal, and disposal, as public nuisances, of
abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof,
from private or public property. Additionally, local ordinances may
include a system for the recovery of expended funds pursuant to Section
22710(c)(1) VC and 2555 or 35773.5 of the Government Code (GC).
Plan: Pursuant to Section 22710(d) VC, an Abandoned Vehicle
Abatement Pian of a Service Authority shall be implemented only with the
approval of the County of San Joaquin and a majority of the cities having
a majority of the incorporated population. The Plan shall be consistent
with guidelines prepared by the CHP.
d. Restriction: The manner of exercising powers granted the Service
Authority by this Agreement shall be subject to the same restrictions as are
imposed upon the County of San Joaquin in its exercise of similar powers.
VIII_ FEE:
Pursuant to Section 9250.7 VC, the Service Authority hereby imposes an annual
service fee of one dollar (S 1) on vehicles on vehicles registered to an owner with
an address in San Joaquin County, including the incorporated cities, provided the
Abandoned Vehicle Abatement Plan, referred to in Section VII.c above, is
approved by the County and a majority of the cities having a majority of the
incorporated population in compliance with Section 22710(d) VC.
IX. MEETINGS:
The Service Authority and the board of directors shall meet at least annually to
carry out the purpose and duties o[the Service Authority. No meeting shall be
conducted with less than a majority of all participating members, which represents
a quorum, and any votes of the Service Authority will be by a majority of that
quorum. The date, time, and location of meetings shall be determined by the
Board of Directors. tileetings, notices and agendas shall comply with, the Ralph
M. Brown Act (Government Code §§ 54950 et seq.). The Service Authority may
adopt rules of procedure for its meetings.
X. OFFICERS:
(a) Selection. The officers of the Service Authority shall be a Chairperson
and a Vice -Chairperson. The Chairperson and Vice -Chairperson shall be
elected from among the members of the Board of Directors at the first
meeting of the Board of Directors, to serve a one-year term. Thereafter, a
Chairperson and Vice -Chairperson shall be elected annually from among
the members of the Board of Directors.
(b) Succession. The Vice -Chairperson shall succeed the Chairperson if the
Chairperson vacates the office before completion of the term and shall
serve the remainder of the unexpired term. A new Vice -Chairperson shall
be elected at the next i egular meeting.
(c) Chairperson and Vice -Chairperson Absent. In the absence of the
Chairperson and Vice -Chairperson, any member of the Board of Directors
may call the Service Authority to order, and a Chairperson pro tem shall
be elected from the members present.
(d) Chair -De -son's Responsibilities. The responsibilities of the Chairperson
shall be as follows:
(1) Preside at all meetings of the Service Authority.
(2) Call special meetings of the Service Authority.
(3) Sign documents on behalf of the Service Authority.
(4) Appoint all subcommittees and nominating committees of the Service
Authority.
(5) Direct appropriate follow through on items raised that are not listed on
the Service Authority agendas.
(e) vice -Chairperson's Responsibilities. During the absence, disability or
disqualification of the Chairperson, the Vice -Chairperson shall exercise or
perform all the duties and be subject to all the responsibilities of the
Chairperson
X.I. STAFF:
Pursuant to Section 22710(b) VC, the Service Authority shall be staffed by
existing person_^.el from the San Joaquin County Corm-nunity Development
Depar-unent. The San Joaquin County Director of Community Development, or
his/'her designee, shall serve as the secretary to the Service Authority for the
purposes or preparing and posting notices ofineetings, preparing agendas and
minutes or meetings. ne San Joaquin County Community Development
Department shall receive quarterly reports from the panticipating members of the
Service Authority and prepare acid submit all required reports from the Service
Authority to the State of California The Authority shall contract with the San
Joaquin County Community Development Authority for staff services.
XII. AUDIT:
There shall be strict accountability of all Service Authority funds. The Authority
shall contract with the San Joaquin County Auditor to conduct audits for the
Service Authority. The Auditor shall report all receipts and disbursements to the
Service Authority, and make or contract to make an annual audit of the Service
Authority pursuant to the requirements of Government Code 5 6606.
XIII. TREASURER:
The San Joaquin County Treasurer/Tax Collector shall serve, at no cost to the
Authority, as the treasurer for the Service Authority and perform all of the duties
required under Section 6605.6 of the Government Code, except that the County
Auditor will issue monthly reports in lieu of the quarterly reports referred to in
subdivision (e) of Section 6505.6.
XIV. FUNDS:
The funds, and all interest generated therefrom, received by the Service Authority
from the one dollar (S 1) registration fee shall be used and disbursed in accordance
with Vehicle Code § 22710(d)(6). Population figures used in calculating the
disbursement of funds shall be those population figures issued annually by the
State Department of Finance. Payment for administrative costs of the Authority,
including auditing and staff services, shall be made from funds received by the
Authority. Expenses for administrative services shall be deducted from any funds
received by the Authority prior to calculating the amount of funds to be
distributed to the member agencies.
XV. DEBTS AND LIABILITIES:
The debts, liabilities, and obligations of the Service Authority shall not be the
debts, liabilities, and obligations of the member jurisdictions, or any of them. Any
participating member of the Service 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, sicl--t.ss, death or injury to
persons or property, including without limitation all consequential damages, from
any cause whatsoever arising directly or indirectly from or connected with the
operations or services of that member or its agents, servants, or employees
relating to the performance of this Agreement save and except claims or litigation
arising through the negligence or willful misconduct of the Service Authority or
its officers or employees or the officers or employees ofany other participating
member, and will make good to and reimburse the Service Authority or any other
participating member for any expenditures, including reasonable attorney fees, the
Service Authority may make by reason ofsuch matters a::d, if requested by the
Service Authority or any other participating member, def nd any such suits at the
sole cost and expense of tine involved participating member.
XVI. AUTHORITY COSTS:
The Service Authority will contract, via this Agreement, with each individual
member, and may undertake actions that are required by law relating to the
performance of duties in the removal of abandoned vehicles from public and
private property and public roadways and the cost associated with these duties.
Any costs incurred in the operation of the Service Authority must be approved by
a simply majority vote of the board of directors.
XVII. AMENDMENT:
This Agreement may be amended upon a simple majority vote of all member
Jurisdictions.
XVIII.TERiv1INATION BY 1✓ID.MBERS:
Subject to Section 22710 VC, this Agreement maybe terminated by member
jurisdictions as follows:
a. Individual Member Jurisdictions: A member jurisdiction may terminate
its participation in this Agreement and the Service Authority immediately
by providing written notice to the County any time before the Abandoned
Vehicle Abatement Plan is approved pursuant to Section 22710(d) VC.
Notice to the County shall be delivered to the County Administrator,
Courthouse, Room 707, 222 East Weber Avenue, Stockton, California
95202-2778.
After the Abandoned Vehicle Abatement Plan has been approved, a
member jurisdiction may terminate its participation in this Agreement and
the Service Authority by providing 30 days' written notice of such
termination to the Service Authority and the other member jurisdictions.
However, termination shall not relieve a member of its duty to comply
with the Abandoned Vehicle Abatement Plan, Section 22710 VC, and the
regulations adopted pursuant thereto, this Agreement and the rules of the
Service Authority as to any funds received from the Service Authority.
Notice of termination may be rescinded upon written notice to the Service
Authority and the other member jurisdictions at any time before the
effective date of termination.
b. Maiority: This Agreement may be terminated at any time by a simple
majority of the member jurisdictions voting to dissolve the Service
Authority.
XIX. INEW iti1EMBER:
A jurisdiction may choose to enter into the Service Authority by giving a iNotice
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 that April I" by the Service Authority. Upon approval from the CHP,
distribution of funds to the new jurisdiction will be in accordance with the rules
previously approved in this Agreement. Appropriation of the 51.00 fee will
commence on July 151 of the new fiscal year and be distributed thereafter on a
quarterly basis by the State Controller's Office.
XX. TERMINATION:
The Service Authority shall cease to exist on the date that all revenues to be
received by the Service Authority pursuant to Sections 9250.7 and 22710(5)(a)
VC, have been expended.
XM. COUNTERPARTS:
This Agreement may be executed in counterparts which, taken together, shall
constitute one and the same Agreement.
XXII. EFFECTIVE DATE:
This Agreement becomes effective upon its approval by 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.
COU\TY OF SA.NL JOAQUIN
Dario L. Marenco, Chairman
Board of Supervisors
Approved as to form:
County Counsel
By:
Ed%t•ard R. Burroughs
Deputy County Counsel
ATTEST: Lois M. Sahyoun
Clerk of the Board
RESOLUTION NO.
Dated:
CITY OF ESCALON
Approved as to form:
City Attomey
By:__
CITY OF LATHROP
Approved as to form:
City Attorney
By:
CITY OF LODI
m
Approved as to form:
City Attorney
By:
e
ATTEST:
m
RESOLUTION NO.
Dated:
ATTEST:
RESOLUTION N0.
Dated:
ATTEST:
RESOLUTION NO.
Dated:
CITY OF KAINTECA
Approved as to form:
City Attorney
CITY OF RIPON
By:
Leon -Compton
City Admirustrator
Approved as to form:
City Attorney
CITY OF STOCKTON
By:
Gary A. Podesto
Mayor
Approved as to form:
City Attorney
M
3
ATTEST:
RESOLUTION NO.
Dated.
ATTEST:
LIM
RESOLUTION NO.
Dated:
ATTEST:
M
RESOLUTION NO.
Dated:
CITY OF TRACY
Approved as to form:
City Attorney
m
ATTEST:
RESOLUTION N0.
Dated:
AGREETMENT BETWEEN THE CITY OF LODI
AND
SAN JOAQUIN COUNTY ABAYDO\-ED VEHICLE ABATE I1EIVIENT
SERVICE AUTHORITY
INTRODUCTION
This agreement is made and entered into this day of , 2001, by and
between the City of Lodi (hereinafter referred to as "City") Iocated at
and the San Joaquin County
Abandoned Vehicle Abatement Service Authority (hereinafter referred to as "Authority"),
located at IS 10 E. Hazelton. Avenue, Stockton, CA 95205.
and
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
WHEREAS, the Authority is authorized to enter into agreements with the City of Lodi to
provide for the appropriate administration of the vehicle abatement program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. SCOPE OF WORK:
1.1. The City shall provide work and administration related to the vehicle abatement progam
pursuant to Section 22710 of the Vehicle Code, City of Lodi Ordinance Code, §
, et seq., and San Joaquin County Abandoned Vehicle Abatement Service
Authority Program Pian.
1.2. Services and work provided by the City under this Ageement shall be performed in a
timely manner consistent with all applicable federal, state, and City laws, ordinances,
regulations, and resolutions.
2. TERM:
2.1.The term of this Agreement shall commence on January 1, 2002, and shall terminate on
thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as
approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report indicating the
services and work provided pursuant to the terms of this Agreement on forms provided
by the :authority.
3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement
Program such funds as a.Te necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3.4. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed
quarterly as set forth in the San Joaquin County Abandoned Vehicle Abatement Service
Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member agency
pursuant to a written agreement, the funds allocated for the agency receiving the services
shall be paid directly to the agency providing the services, unless the providing agency is
otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the funds
received from the Abandoned Vehicle Abatement Prograrn fund.
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. City shall provide its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as necessary for City to provide the services identified
in this Agreement, provided however, that the cost may be a reimbursable expense if
approved by the Authority's Board of Directors and in accordance with reimbursement
policies approved by the Board.
5. CITY PROPERTY:
6.1. Products of City's Work and Services. Any and all compositions, publications, field
notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
video tapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result, product, or
manifestation of, City's services or work under this Agreement are, and at the termination
of this Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1.City shall provide w'orker's compensation insurance coverage, in the legally required
amount, for all City employees utilized in providing work. and services pursuant to this
Agreement. By executing this Agreement, City acknowledges its obligations and
responsibilities to its employees under the California Labor Code.
7. Iii tSURA-NCE:
7.1.General Liability and Auto Liability. City shall maintain during the entire term of this
Agreement self-insurance in the amount of one million dollars (S 1,000,000) which covers
any negligent work and services performed by City under this Agreement.
7.2.CancCllation. Said insurance will not be terminated, modified, or canceled without thirty
(30) days written notice to the Authority.
S. STATUS OF CITY:
S.1. All acts of City, its agents, officers, and employees, relating to the performance of this
Agreement, are performed as an independent contractor and are not performed as agents,
officers, or employees of the Authority. As an independent contractor:
8.1.I . City shall determine the method, details, and means of performing the wort and
services to be provided under this Agreement.
8.1.2. City shall be responsible to the Authority only for the requirements and results
specified in this Ageement, and except as expressly pro�zded in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this Agreement.
9. L-DEMNIFICATION:
9.2 To the extent permitted by law, City shall indemnify, defend, and hold harmless the
Authority, its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including litigation costs and
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
City, its officers, or employees.
To the extent permitted by law, the Authority shall indemnify, defend, and hold harmless
the City, its agents, officers, and employees from and against all claims, damages, losses,
judgments, liabilities, expenses, and other costs, including litigation costs and attorney's
fees, arising out of, or resulting from, the active negligence or wrongful acts of the
Authority, its officers, or employees_
10. RECORDS AND AUNT:
10.1. City shall prepare and maintain all records prepared in connection with the services
provided under the various provisions of this Agreement.
10.2. Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of City,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts, and transcripts. Further, the
Authority has the right, at all reasonable times, to audit, inspect, or otherwise evaluate
the wort: performed or being performed under this Agreement.
11. N0NDISCRLtiiLNATION:
11.1. During the performance of this Agreement, City, its agents, officers, and employees
shall not discriminate in violation of any federal, state, or local law, against any
employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age, or sex.
12. TERIM ENATI0 :
12. 1. This Agreement may be terminated by either party without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or
circumstances shall be declared invalid by a court of competent jurisdiction, or if it
is found in contravention of any federal, state, or City statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof,
shall not be invalidated thereby, and shall remain in full force and effect to the
extent that the provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted from,
by the mutual consent of the paries hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached
to the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, conununication, amendments, additions, or deletions to this Agreement,
including any change of address of either party during the terms of this Agreement,
which the Authority or the City shall be required, or may desire, to make, shall be in
writing and may be personally served, or sent by prepaid first class mail to, the
respective paries as follows:
City:
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