Item 20.1 - Resolution Approving Formation of S.D. Abandoned Vehicle Abatement Svs Authority
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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:
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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
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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
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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.(
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Resolution No. 91-
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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 )
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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.(