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HomeMy WebLinkAboutMINUTES - 11271990 - 2.1 424 TO: BOARD OF SUPERVISORS s..... Contra FROM: Costa Phil Batchelor, County Administrator County DATE: car>--co'ukf; November 19, 1990 SUBJECT: STEPS REQUIRED TO IMPLEMENT ABANDONED VEHICLE ABATEMENT AUTHORITY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Declare the intent of the Board of Supervisors to work with the cities in the County and the California Highway Patrol ( CHP) with a view to forming an abandoned vehicle abatement authority pursuant to the provisions of AB 4114 (Chapter 1684, Statutes of 1990) and having the authority in place, with an approved program and plan and having imposed the $1 vehicle registration fee, by January 1, 1992. (A proposed plan and program must be submitted to the CHP by August 1, 1991. ) 2 . Authorize the Chair of the Board of Supervisors to write to the Mayor of each city and town in the County, setting forth the provisions of AB 4114 and requesting that the City or Town Council authorize their city or town manager and chief of police to work with the County Administrator and Sheriff-Coroner to explore the interest in such an authority. 3 . Authorize the County Administrator to approach the Public Managers' Association regarding their interest in working with designated County staff on the formation of an abandoned vehicle abatement authority pursuant to AB 4114 (Chapter 1684, Statutes of 1990) and to report back to the Board of Supervisors by January 31, 1991 on the interest of the cities. 4. Request the Sheriff-Coroner, on behalf of the Board of Supervisors, to approach the Contra Costa Police Chief' s CONTINUED ON ATTACHMEQI,T�s YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S: la�4 / ACTION OF BOARD ON November 27 , 1990 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT V ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED /��� -?7- 19967 PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Sheriff-Coroner County Counsel BY ° �K"�"� DEPUTY M382 (10/86) Association regarding their interest in working with the County in forming an abandoned vehicle abatement authority pursuant to AB 4114 (Chapter 1684, Statutes of 1990) and to report back to the Board of Supervisors by January. 31, 1991 on the interest of the police chiefs. 5. Request the County Administrator to discuss the formation of an abandoned vehicle abatement authority with the local CHP Commander to establish a close working relationship with the CHP as we move forward with the formation of an authority pursuant to the provisions of AB 4114. 6. Request the County Administrator and Sheriff-Coroner, when they report back to the Board of Supervisors as above, to include their recommendations for a process the County and cities should follow in order to insure the timely formation of an abandoned vehicle abatement authority pursuant to the timeframes outlined in AB 4114. BACKGROUND: For at least the last two years, the Board of Supervisors has sought a mechanism to fund an increased effort to locate, tow, store and eventually dispose of abandoned vehicles. In 1989, Assemblyman Steve Clute authored legislation to accomplish this by imposing an additional $1 fee on vehicle registrations. While this legislation passed in 1989, it was vetoed by the Governor. Assemblyman Clute authored virtually the same legislation in 1990 as AB 4114 . This legislation also passed, but this time was signed into law by the Governor. In general, AB 4114 authorizes the Board of Supervisors, by a 2/3 vote, and a majority of the cities with a majority of the incorporated population, to establish a service authority for the abatement of abandoned vehicles and to impose a $1 vehicle registration fee. In order to implement this legislation, the following steps must be taken in accordance with AB 4114: 1. The California Highway Patrol (CHP) must issue guidelines for abandoned vehicle abatement programs. 2. The Board of Supervisors by a 2/3 vote, and a majority of the cities representing a majority of the incorporated population in the County, by a majority vote must adopt Resolutions providing for the establishment of the authority and providing for the imposition of the $1 vehicle registration fee. 3 . The Board of Supervisors and the cities must agree on the composition of the service authority, whose membership must be concurred in by the Board of Supervisors and a majority of the cities having a majority of the incorporated population. The authority is to be staffed by existing County and city staff. 4. The service authority must prepare an abandoned vehicle abatement program and plan which is consistent with the guidelines issued by the CHP. The plan and program must in addition, provide for, but not be limited to: A. an estimate of the number of abandoned vehicles, B. a disposal and enforcement strategy including contractual agreements, and C. appropriate fiscal controls. 5. The abandoned vehicle abatement program . and plan must be approved by the Board of Supervisors and a majority of the cities containing a majority of the incorporated population in the County. 6. The approved plan must be submitted to the CHP by August 1, 1991. 7. The CHP must review the plan and suggest any recommended revisions by October 1, 1991. If necessary, a revised plan must be submitted to the CHP. 8. Once the service authority receives the approval of the CHP for its plan, the plan must be submitted to the State Controller by January 1, 1992 and the service authority may then impose the $1 vehicle registration fee. 9. The $1 vehicle registration fee can be imposed on new registrations or reregistrations effective January 1, 1992, assuming the approved plan has been filed with the State Controller by that date. 10. Once the additional $1 fee is imposed, the Department of Motor Vehicles, after deducting its administrative expenses, must, at least quarterly transmit the net amount to the Treasurer for deposit in the Abandoned Vehicle Trust Fund. The money in the Fund is continuously appropriated to the State Controller for allocation to service authorities, after deducting its (the Controller' s) administrative expenses. 11. Funds received from the $1 vehicle registration fee may only be used for the abatement, removal, and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.