HomeMy WebLinkAboutAgenda Report - May 19, 2021 C-24AGENDA ITEM Cv24
CITY OF LODI
1` COUNCIL COMMUNICA'T'ION
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AGENDA TITLE: Adopt Resolution Extending City of Lodi Participation for Ten Years in the San
Joaquin County Abandoned Vehicle Abatement Service Authority Program
MEETING DATE: May 19, 2021
PREPARED BY: Chief of Police
RECOMMENDED ACTION. Adopt resolution extending City of Lodi participation for ten years
in the San Joaquin County Abandoned Vehicle Abatement Service
Authority Program.
BACKGROUND INFORMATION: In 1990 the California State Legislature allowed for the creation of
county -based vehicle service authorities, pursuant to the provisions
of Vehicle Code Section 22710. The San Joaquin County
Abandoned Vehicle Abatement Service Authority was formed in
January 2002 and imposed a $1 annual vehicle registration fee to owners living in San Joaquin County.
Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to San Joaquin
County by the State Controller's Office pursuant to Vehicle Code Section 9250,7. Fees are then
allocated to eight participating entities on the basis of percentage of vehicles abated in relation to the
total of vehicles abated by the Service Authority as a whole.
The existing participating entities are the County of San Joaquin, and the cities of Escalon, Lodi, Lathrop,
Manteca, Ripon, Stockton and Tracy. Since the inception of the program the Service Authority has
received more than $10.5 million, which has allowed participating entities to abate 68,491 abandoned
vehicles.
Lodi receives an allocation ranging from $40,000 to $47,000 annually. These funds are designated for
use in continuing the Abandoned Vehicle Abatement Program (AVAP). In previous years the funds have
been allocated to cover the cost of the Abandoned Vehicle Abatement Program including staff hours
spent on enforcement and towing costs. These funds continue to be essential for our enforcement of
Abandoned Vehicle Abatement.
The current program will expire on April 30, 2022 and the County needs to provide resolutions from all
participating jurisdictions to DMV no later than August 1, 2021. Legislation allows local service
authorities to extend the program every 10 years with the approval of the County and a majority of the
cities comprising a majority of the population of the incorporated areas. Adoption of a resolution will
confirm Lodi's intent to continue as part of the AVAP.
1 Mel 1; "a,
Resolution Extending City of Lodi Participation for Ten Years in the San Joaquin County Abandoned
Vehicle Abatement Service Authority Program
May 19, 2021
Page 2
FISCAL IMPACT: Approximately $40,000 to $47,000 in annual Vehicle
Abatement Revenue Account 10030001.56504 until April
2032
FUNDING AVAILABLE: Not applicable.
S .fir. -.-C..-
Sierra Brucia
Chief of Police
STATEOF CALIFORNIA l
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
VEHICLE CODE
Section 22710
22710. (a) A service authority for the abatement of abandoned vehicles may be
established, and a one dollar ($1) vehicle registration fee imposed, in a county if the
board of supervisors of the county, 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 imposition of the fee.
The membership of the authority shall be determined by concurrence of the board of
supervisors and a majority vote of the majority of the cities within the county having
a majority of the incorporated population.
(b) The authority may contract and may undertake any act convenient or necessary
to carry out a law relating to the authority. The authority shall be staffed by existing
personnel of the city, county, or county transportation commission.
(c) (1) Notwithstanding any other provision of law, a service authority may adopt
an ordinance establishing procedures for the abatement, removal, and disposal, as a
public nuisance, of an abandoned, wrecked, dismantled, or inoperative vehicle or part
of the vehicle from private or public property; and for the recovery, pursuant to Section
25845 or 38773.5 of the Government Code, or assumption by the service authority,
of costs associated with the enforcement of the ordinance. Cost recovery shall only
be undertaken by an entity that may be a county or city or the department, pursuant
to contract with the service authority as provided in this section.
(2) (A) The money received by an authority pursuant to Section 9250.7 and this
section shall be used only for the abatement, removal, or the disposal as a public
nuisance of any abandoned, wrecked, dismantled, or inoperative vehicle or part of
the vehicle from private or public property. The money received shall not be used to
offset the costs of vehicles towed under authorities other than an ordinance adopted
pursuant to paragraph (1) or when costs are recovered under Section 22850.5.
(B) The money received by a service authority pursuant to Section 9250.7 and this
section that are unexpended in a fiscal year may be carried forward by the service
authority for the abandoned vehicle abatement program in the following fiscal year
as agreed upon by the service authority and its member agencies.
(d) (1) An abandoned vehicle abatement program and plan of a service authority
shall be implemented only with the approval of the county and a majority of the cities
having a majority of the incorporated population.
(2) (A) The department shall provide guidelines for an abandoned vehicle
abatement program. An authority's abandoned vehicle abatement plan and program
shall be consistent with those guidelines, and shall provide for, but not be limited to,
an estimate of the number of abandoned vehicles, a disposal and enforcement strategy
including contractual agreements, and appropriate fiscal controls.
(B) The department's guidelines provided pursuant to this paragraph shall include,
but not be limited to, requiring each service authority receiving funds from the
Abandoned Vehicle Trust Fund to report to the Controller on an annual basis pursuant
to subdivision (c) of Section 9250.7, in a manner prescribed by the department, and
pursuant to an approved abandoned vehicle abatement program.
(C) A service authority may carry out an abandoned vehicle abatement from a
public property after providing a notice as specified by the local ordinance adopted
pursuant to Section 22660 of the jurisdiction in which the abandoned vehicle is located
and that notice has expired.
(3) After a plan has been approved pursuant to paragraph (1), the service authority
shall, not later than August 1 of the year in which the plan was approved, submit it
to the department for review, and the department shall, not later than October 1 of
that same year, either approve the plan as submitted or make recommendations for
revision. After the plan has received the department's approval as being consistent
with the department's guidelines, the service authority shall submit it to the Controller.
(4) Except as provided in subdivision (e), the Controller shall not make an allocation
for a fiscal year, commencing on July 1 following the Controller's determination to
suspend a service authority when a service authority has failed to comply with the
provisions set forth in Section 9250.7.
(5) A governmental agency shall not receive funds from a service authority for
the abatement of abandoned vehicles pursuant to an approved abandoned vehicle
abatement program unless the governmental agency has submitted an annual report
to the service authority stating the manner in which the funds were expended, and the
number of vehicles abated. The governmental agency shall receive that percentage
of the total funds collected by the service authority that is equal to its share of the
formula calculated pursuant to paragraph (6).
(6) Each service authority shall calculate a formula for apportioning funds to each
governmental agency that receives funds from the service authority and submit that
formula to the Controller with the annual report required pursuant to paragraph (2).
The formula shall apportion 50 percent of the funds received by the service authority
to a governmental agency based on the percentage of vehicles abated by that
governmental agency of the total number of abandoned vehicles abated by all member
agencies, and 50 percent based on population and geographic area, as determined by
the service authority. When the formula is first submitted to the Controller, and each
time the formula is revised thereafter, the service authority shall include a detailed
explanation of how the service authority determined the apportionment between per
capita abatements and service area.
(7) Notwithstanding any other provision of this subdivision, the Controller may
allocate to the service authority in the County of Humboldt the net amount of the
abandoned vehicle abatement funds received from the fee imposed by that authority,
as described in subdivision (b) of Section 9250.7, for calendar years 2000 and 2001.
(e) A plan that has been submitted to the Controller pursuant to subdivision (d)
may be revised pursuant to the procedure prescribed in that subdivision, including
compliance with any dates described therein for submission to the department and
the Controller, respectively, in the year in which the revisions are proposed by the
service authority. Compliance with that procedure shall only be required if the revisions
are substantial.
(f) For purposes of this section, "abandoned vehicle abatement' means the removal
of a vehicle from public or private property by towing or any other means after the
vehicle has been marked as abandoned by an official of a governmental agency that
is a member of the service authority.
(g) A service authority shall cease to exist on the date that all revenues received
by the authority pursuant to this section and Section 9250.7 have been expended.
(h) In the event of a conflict with other provisions of law, this section shall govern
the disbursement of money collected pursuant to this section and from the Abandoned
Vehicle Trust Fund for the implementation of the abandoned vehicle abatement
program.
(Amended by Stats. 2007, Ch. 389, Sec. 2. Effective January 1, 2008.)
RESOLUTION NO. 2021-147
A RESOLUTION OF THE CITY COUNCIL EXTENDING THE CITY OF LODI
PARTICIPATION FOR TEN YEARS IN THE SAN JOAQUIN COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY PROGRAM
WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code provides 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, San Joaquin County and eight cities within the county adopted resolutions in
April 2001 and April 2012 to create the Abandoned Vehicle Abatement Service Authority that will
expire in April 2022; and new legislation allows for an extension of the program for 10 years with
the approval of the County and a majority of the cities comprising the majority of the population
of the incorporated areas; and
WHEREAS, the City Council finds that it is desirable for the Abandoned Vehicle
Abatement Program be continued to provide for the proper removal and disposal of abandoned
vehicles and assist law enforcement and code enforcement personnel in abatement of abandoned
vehicles.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby support
the extension of the San Joaquin County Abandoned Vehicle Abatement Service Authority Fee
Program until April 2032.
Dated May 19, 2021
I hereby certify that Resolution No. 2021-147 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 19, 2021, by the following vote:
AYES- COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
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2021-147