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Item 20.1 - Resolution Approving Formation of S.D. Abandoned Vehicle Abatement Svs Authority - _. r AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City FROM: J.... L. Bower.ox, city K'~ INITIATED BY: Janis Acosta, Management Analy ~~ DATE: September 24, 1991 SUBJECT: Resolution Approving the Formation of the San Diego Abandoned Vehicle Abatement Service Authority and Service Program and Plan ABSTRACT . In response to the County of San Diego's request that the City of poway consider approving an Abandon Vehicle Abatement Service Authority for San Diego county, it is being recommended that the city Council adopt the attached Resolution approving the formation of the San Diego Abandoned Vehicle Authority and Service Program and Plan. BACKGROUND The recent enactment of AB 4114 has authorized counties to establish a Service Authority for Abandoned Vehicle Abatement. ~ . Service Authority may be created with the approval of the County Board of Supervisors as well as a majority of the cities that maintain a majority of the incorporated population within the County. In order for San Diego County to establish a Service Authority, the County of San Diego, City of San Diego, and nine additional cities in the County must approve the formation of a Service Authority. FINDINGS Earlier this year, the San Diego County Board of Supervisors approved the formation of an Abandon Vehicle Abatement Service Authority. However, while proposing the formation of a Service Authority to San Diego County cities, several cities requested that a Needs Assessment Study be conducted. A Needs Assessment Study was requested in order to determine the degree to which abandon vehicles are a problem for cities as well as find out how each city is currently addressing vehicle abatement problems. ACTION: l 1 of 5 41991 ITEM 20./ Agenda Report Resolution Approving San Diego Abandoned Vehicle Abatement Service Authority and Service Plan and Program September 24, 1991 Page 2 In response to the cities' requests, the County of San Diego contracted with TECHPLAN Corporation to conduct the Needs Assessment Study. On August 1, 1991, City and poway Sheriff's Substation staff met with TECHPLAN representatives to answer an Abandon Vehicle Questionnaire as well as provide additional statistics about the City of Poway's abandoned vehicle abatement program. In general, the Needs Assessment Study found that all 18 cities within the County maintain an abandoned vehicle abatement program in which code compliance staff handle private property abatements and law enforcement handles street abatements. The Study also concluded that 71,580 abandoned vehicles were abated in San Diego county during 1990. Since the completion of the Needs Assessment Study, the County of San Diego is again proposing to San Diego County cities an Abandoned Vehicle Abatement Program and Plan which is provided in Attachment B. The proposed Abandon Vehicle Abatement Program and Plan would create a Board of Directors for a Service Authority for Freeway Emergencies (SAFE) in which County staff would provide support to the Board. According to Californ~a Vehicle Code Section 22710, Service Authority staff would not do the actual removal and disposal of abandoned vehicles. Local agencies would continue to be responsible for the removal and disposal of vehicles. Therefore, the City would continue handling vehicle abatements in the same manner and level of service once the Service Authority was established. Funding for operating a Service Authority would be provided through California Vehicle Code Section 9250.7 which grants authority to impose a $1.00 fee on registered vehicles within a county. In order for Service Authorities to collect the $1.00 fee, an Abandoned Vehicle Program and Plan for the county must be approved by the Department of California Highway Patrol (CHP). Following the CHP's approval of the Abandoned Vehicle Program and Plan, the Program and Plan is to be submitted by the CHP to the State Controller by January 1, 1992. County Service Authorities with CHP approved programs and plans may begin collecting the $1.00 fees for the program on January 1, 1992. Service Authority fees collected by the Department of Motor Vehicles would then be turned over to the State Controller. The State Controller would then deposit fees into an Abandoned Vehicle Trust Fund which would be dispersed to County Service Authorities. 2 of 5 SEP 24 1991 ITEM 20.1 - Agenda Report - Resolution Approving San Diego Abandoned vehicle Abatement service Authority and Service Plan and Program September 24, 1991 Page 3 In order for a local agency to become eligible to receive funds from the Service Authority, a contract. must be established between a city and Service Authority. Once the CHP receives an executed contract, the city would be added to the county Service Authority Program and Plan which enables a city to receive funding from the Service Authority. Under the proposed service Authority for San Diego County, cities would receive a pro-rata share of net receipts baseq upon the city's percentage of population within the County of San Diego according to 1990 census data. According to 1990 census figures, Poway's population of 43,516 represents 1.74 percent of San Diego County's total population of 2,498,016. The 1.74 percent representation would enable the City to receive approximately $32,691 in 1992 from the establishment of a Service Authority. I':ISCAL :IMPACT Costs to remove abandoned vehicles are typically paid either by a - property owner or through the General Fund's Nuisance Abatement Account in which $44,640 has been appropriated for Fiscal Year 1991-92. The Nuisance Abatement Account is also used for the abatement of weeds and migrant encampments. If the San Diego Abandoned Vehicle Abatement Service Authority and Service Program and Plan are approved by the City of San Diego, nine additional San Diego County cities, and the California Highway Patrol, the City is projected to receive $32,691 as General Fund revenue for the 1992 calendar year. RECOMMENDATION It is recommended that the city Council approve the formation of the San Diego Abandoned Vehicle Abatement Service Authority and Service Program and Plan through the adoption of the attached Resolution. Attachments: A. Resolution Approving Formation of the San Diego Abandoned Vehicle Abatement Service Authority and Service Program and Plan B. Proposed Abandoned Vehicle Abatement Authority and Service Program and Plan for San Diego county - (Limited Distribution) 3 of 5 SEP 2 4 1991 ITEM 20.1 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING FORMATION OF THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY AND SERVICE PROGRAM AND PLAN WHEREAS, Section 22710 of the California Vehicle Code provides for the establishment of a Service Authority for Abandoned Vehicle Abatement and imposition of a $1.00 vehicle registration fee if the Board of Supervisors of the County, by a two thirds vote, and a majority of cities within the County having a majority of the incorporated population, adopt resolutions providing for the establishment of the authority and imposition of the fee; and . WHEREAS, the City Council finds that an organized program for the abatement, removal, and disposal of abandoned, wrecked, dismantled, or inoperative vehicles is needed to protect the health and safety of citizens; and WHEREAS, 522710 of the California Vehicle Code provides for the membership of the service Authority to be determined by a concurrence of the Board of supervisors and a majority vote of the majority of cities within the County having a majority of the incorporated population; and WHEREAS, 522710 of the California Vehicle Code provides that a Service Program and Plan shall be implemented only wIth the approval of the County and a majority of the cities having a majority of the incorporated population. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true; and 2. That the San Diego Abandoned Vehicle Abatement Service Authority be established in San Diego County pursuant to 522710 of the California Vehicle Code; and 3. That a $1.00 vehicle registration fee be imposed in San Diego County pursuant to 522710 of the California Vehicle Code; and 4. That the Board of Directors of the San Diego Service Authority for Freeway Emergencies shall consistitute the members of the Board of Directors of the San Diego Abandoned Vehicle Abatement Service Authority; and 5. That the Service Program and Plan of the San Diego Abandoned Vehicle Abatement Service Authority be approved. 4 of 5 ATTACHMENT A SEP 24 1991 ITEM 20.( ,- Resolution No. 91- ._. page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the city of poway at a regular meeting thereof this 24th day of september, 1991. Jan Goldsmith, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) - I, Marjorie K. Wahlsten, city Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing 'Resolution No. 91- , was duly adopted by the City Council at a meeting of said city Council held on the 24th day of September, 1991, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk city of poway (C:\WP5l\RES\VEHABATE.RES) 5 of 5 SEP 2 4 1991 ITEM 20.(