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HomeMy WebLinkAboutMINUTES - 06031997 - C58 w. _ '♦ _I - i TO: BOARD OF SUPERVISORS CyE`t Contra PHIL BATCHELOR, COUNTY ADMINISTRATOR FROM: .I ` ac< Costa May 29, 1997 y�,. °° County DATE: r s,1 i`i,Ur SUBJECT: LEGISLATION: SUPPORT FOR SB 112 (Kopp) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position of SUPPORT for SB 112, as it will be amended in the Assembly Transportation Committee on June 9, 1997. BACKGROUND: This County is a part of an Abandoned Vehicle Service Authority (Authority), consisting of the County and all of the cities in the County. The Authority receives the revenue from a $1 surcharge on vehicle registration fees and uses the money to identify, tag, and eventually abate abandoned vehicles where they are not otherwise moved by the owner. Until 1995, the Authority was free to decide what mechanism was most appropriate for allocating the revenue among all of the parties. In this County, the funds were allocated on a per capita basis. In 1995, the law was amended to require that funds be allocated based on the proportion each city or county has of the total number of vehicles that are abated in the Authority. This requirement is opposed by many Authorities across the State because it does not take into account variable factors such as geography, climate and the ability of a city or county to get a vehicle moved other than by abating it. In a large, sparsely populated county, it may cost substantially more to abate each CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ---RECOMMENDATION OF BOARD COMMITTEE JS__APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED x OTHER june 3, 1997 VOTE OF SUPERVISORS , I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) 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. ATTESTEDi lne 3, 1997 — Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR See Page 2 BY DEPUTY vehicle than it does in a densely populated urban area. In the mountain counties, it is often impossible to abate any vehicles during the winter months. If the owner of the vehicle eventually removes the vehicle after being warned that the vehicle will be towed, there is no abatement action, but there may have been a good deal of time and money expended getting the owner to move the vehicle. An allocation formula which does not take these other factors into account does not fairly distribute the available funds among all of the jurisdictions. Senator Quentin Kopp has introduced SB 112 to address a specific problem within his district. Several counties have asked for amendments to his bill to address various aspects of abandoned vehicle legislation. One amendment being requested is that the formula for distribution of the funds be adjusted to 50% based on the number of vehicles abated and 50% on other factors including population density and geographic area. The Authority can determine how the 50% based on population density and geographic area is calculated, but must describe in detail to the California Highway Patrol how the formula was arrived at. We believe that nearly every Authority in the State will support this amendment. Since it was developed by staff from this County, and since Senator Kopp has agreed to include this amendment when the bill is heard in the Assembly Transportation Committee on June 9, 1997, it is appropriate for the Board of Supervisors to support the bill, assuming it is amended as indicated. cc: County Administrator Sheriff-Coroner Steve Szalay, Executive Director California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814 Les Spahnn Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Casey Sparks Kaneko, Executive Director Urban Counties Caucus 1100 K Street, Suite 101 Sacramento, CA 95814 -2- F-450 T-156 11--1'( 2 '971 1.1:45 RN9712755 phWF 1 Substantive - , ANMADK TS To SEM&TS SILL INow 112 ' AS AMEMED rM SIMATE APRSL 3, 1997 Amendment 1 in line t of the title;, strike out "Section" and insert-- Sections ons 9251.7 and ndment 2 In line 2 of the title, after "vehicles" insert: making an appropriation therefor, and declaring the urgency thereeof, to take effect immediately Amendment 3 On page 2, line 1 , after "SEG"7.'IUR 1 insert: Section 9250.7 of the Vehicle Code is n+ded to read: 9250.7. (a) 'a service authority estataisbed under sectio» 22710 may imps ne AL service fee of one dollar (V ) ori vebioles registered to an owner with an address in the qty that eetahlished the service authority_ the tee shall Ise 'pald to the department at the time of registration, or renewal of registration, or when renewal becomes delinquent, except on vehicles that are expressly 'exempted under this code from the payment, of registration fees. tb1 The deparrtment# after deducting its administrative caste, eball transmits at least +quarterly, the net amount collected pursuant to subdivision [al to the Treasurer for deposit in the Abandoned Vehicle Trust FUndk, which is 'hereby created. All money in the fund is continuously appropriated to the Controller for all.ocatlon to a service authority that has au approved abandoned vehicle abatement program pursuant to Section 22710, and for pay at of the administrative costs of the controller.. After deduction of its administrative costs, the controller shall allocatei themoney in the Abandoned vehicle Trust Fund. try each service authority n ..� proportion to the revenues received from the fee Uposed by that authority pursuant to aubd.ivfeion (a). Any If Mr funds received by a service authority pursuant to this secti n that are not expended to abate abandoned vehicles pursuant to an approved abandoned vehicle abatement program within 90 days of the close of �• the fiscal year in which the funds dere receivedT shy be eetelr - WN F­450 T-156 P­1103,004 P9r=iY 23 '97( 1:1.:4:) 05i/06/97 3:47' PM 00084 05/06/97 PAGE 2 Substantive to the eaittteia*r for e'Ewsxt to the motor velritiv heftuftt in the State "alaaspart ab*0A yand the mount of those funds exceeds the a=aat ear nded the serTLO —audiority roma s�ement of E_Mndoned v+eh elee in tFs<ie �roviou"us fi ,yarmee i pursuant Gia 9 vi an a shall bd s_eaar-for��e yearr dna nom. ! fo 1� oanna 9 (o) The, tee $. i:_ service authority shall remai a in effect only for a period of ten 10 yeara fret the date that the aCtua,i collection of the gee commeecea. SEC. 2. Amendment 4 On- page 31 line 4P after "of" insert: any ndat � On gage 4, line 28, ,atrike out the seccmd "thea strike out lima 29 to 31 , inclusive, and inserts its share of the formula calculated pursuant to paragraph (6). (6) Haeb service authority ahall calculate a formula for apportioning fwr d$ to each governmental agency that receives funds from the service authority and sub mit that formula to the department with the quarterly report reVired pursuant to Paragraph (2). The forimla aball apportion 50 percent of the funds received by the service authority to a governmental agency based on the percentage of vehicles abated by thatovernmental agency of tete total. number of abandoned vehicles abated by all —r agendi6ar and 5o percent based on pWulation density and geographic area, an $etermlmd by the service authority. Men the faormula is first submitted to the departmeut„ and each time the formula, inn revised thereafter, the service authority shall include a detailed expl.anatiom of bw the service authority determined the apportionment betweei per capita abatements and service area. Aasendment 6 M page 5. beiaw line 13 insert.- SMC. 3. The sutra of four hundred eighty thousand dollars MUO P ODO) is hereby appropriated 'from the Abandoned Vehicle Trust Fund to the contrcaler for allocation to the service authorities for tete abatement of abandoned vehicles in the City add County of Sari Francisca' and the county of Satz Senitn, from which funds were withheld during the 1997 calendar year by the Controller under paragraph (4) of subdivision (d) of Section 22710 of the Vehicle Cade, with those allocations to be in an aunt aqvzl to the amount .that was withheld in that calendar year. SEC. 4. No rebabursemant shall be made £rem the state 4 F--4'-,Cl T--15E P-004,41714 VIH`f 2:3 '97 L:_:4b OS/G6/97 3947 00084 RN§7127SS PAGE 3 Substantive Mandates Claims Fund pursuant to Part 7 (co sting with Section 1 T500) of Divigion 4 of TitlLb 2 of the Government Code for coats mandated by the state pursuant to this act. St is recognised, however, that a local agency or school district may pursue any remedies to obtain reimburanment available to it under Part 9 (denting with Section 17504) and arty other provisions of law. Notwitha ndimg section 17584 of the govern at Lode, unless otherwiee specified, the provisions of this act shalt. become o"tative on the same date that the act takes effect pursuant to the California. Constitution. SW* S. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the ming of article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to apprtrpraakep at the earliest poBnibl+e icier, funds to service authorities for the abatement of sbaadbted vebicle6 fry whish funds were withheld during the 1947 calendar years it is necessary that this act take effect i=wdiately. AMENDED IN SENATE APRIL 3, 1997 AMENDED IN SENATE APRIL 1, 1997 SENATE BILL No. 112 t Introduced by Senators Kopp and McPherson January 6, 1997 An act to amend Section 22710 of the Vehicle Code,relating to vehicles; ieakitig aft a -}mien t-herrefer, aftddeelarittg the tegeeey t-hereafi, to teAe of et ft:-fiat*. LEGISLATIVE COUNSEL'S DIGEST SB 112, as amended, Kopp. Vehicles: service authorities for the abatement of abandoned vehicles. Existing law authorizes the establishment of service authorities for the abatement of abandoned vehicles and provides for funding of those authorities with allocations by the Controller from the Abandoned Vehicle Trust Fund. The Department of the California Highway Patrol is required to provide guidelines for abandoned vehicle abatement programs, including, but not be limited to, requiring each service authority receiving funds from the fund to report to the department on a quarterly basis, in a manner prescribed by the department, the manner that the funds were disbursed, and the number of vehicles abated, pursuant to an approved abandoned vehicle abatement program. The report is required to be submitted to the department not later than 90 calendar days following the end of the previous quarter. The Controller is prohibited from making any allocations for a calendar year to a service authority when, among other 97 _..-..-'--.-r-,ax:.a,-aa.«* ...... ...,...,..,..r.a... .....,.......s t^'»a o..»....., ....yysws'•k'v've.. ..0. .. «v • w �: - <.._.- _.. +, 3. SB 112 — 2 — things, 2 —things, the service authority has failed to provide its quarterly report as required by the department's guidelines. This bill would make a technical, nonsubstantive change to the above provision in existing law. The W4 WetAE1 a49e - :& i $480,000 Prem the ' id �e the Gem � ade��ted ��iele � ' eAeeatien to the a iee nether-44 for the abateme of abaedeft -velzAeles itt the Gity afd Gethaty of Salt Prafteise aid the Gem of Sam ate, fry wl-eh ftmds were wider d ig the 49W e n � � the ���� i Wider the p s . speeife abet' -w4th these ageeettiexis e i be in an ameuftt equal to the sfettftt that was withheld in that ealendar yeaTn The WR weeld deelare that it is to ii as a �Votajority. I Appropriation: ono. Fiscal committee: j no. State-mandated local program:.no. � p �' TheP eo le of the State of California do enact as follows: P 1 SECTION 1. Section 22710 of the Vehicle Code is 2 amended to read: 3 22710. (a) A service authority for the abatement of 4 abandoned vehicles may be established, and a one dollar 5 ($1) vehicle registration fee imposed,in any county if the 6 board of supervisors of the county, by a two-thirds vote, 7 and a majority of the cities having a majority of the I 8 incorporated population within the county have adopted 9 resolutions providing for the establishment of the 10 authority and imposition of the fee. The membership of 11 the authority shall be determined by concurrence of the 12 board of supervisors and a majority vote of the majority 13 of the cities within the county having a majority of the 14 incorporated population. 15 (b) The authority may contract and may undertake ' 16 any act convenient or necessary to carry out any law 17 relating to the authority. The authority shall be staffed by ! 18 existing personnel of the city, county, or county j 19 transportation commission. 97 - 3 — SB 112 (c) (1) Notwithstanding any other provision of law, a arterly 2 service authority may adopt an ordinance establishing 3 procedures for the abatement, removal, and disposal, as mge to 4 public nuisances, of abandoned, wrecked, dismantled, or 5 inoperative vehicles or parts thereof from private or n the 6 public property;and for the recovery, ecovery,pursuant to Section 7 25845 or 38773.5 of the Government Code, or assumption ,en+ 8 by the service authority, of costs of administration and 9 that removal and disposal. The actual removal and t were 10 disposal of vehicles shall be undertaken by an entity that kt-reller 11 may be a county or city or the department, pursuant to 4effi t_e 12 contract with the service authority as provided in this ift OWt 13 section. 14 (2) The money received by an authority pursuant to diately 15 Section 9250.7 and this section shall be used only for the 16 abatement, removal, and disposal as public nuisances of u i 'ttee: 17 any abandoned, wrecked, dismantled, or inoperative 18 vehicles or parts thereof from private or public property. 19 (d) (1) An abandoned vehicle abatement program .0ows. 20 and plan of a service authority shall be implemented only 21 with the approval of the county and a majority of the :ode is .22 cities having a majority of the incorporated population. 23 (2) The department shall provide guidelines for ient of 24 abandoned vehicle abatement programs. An authority's ! dollar 25 abandoned vehicle abatement plan and program shall be y if the 26 consistent with those guidelines,and shall provide de for,but � p ovi s vote, 27 not be limited to, an estimate of the- number of of the 28 abandoned vehicles, a disposal and enforcement strategy lopted 29 including contractual agreements., and appropriate fiscal )f the 30' controls. Ship of 31 The department's guidelines provided pursuant to this of the 32 paragraph shall include, but not be limited to,, requiring ajority 33 each service authority receiving funds from the of the 34 . Abandoned Vehicle Trust Fund to report to the ertake ( 0 35 department on a quarterly basis, in a manner prescribed 36 by the department, the manner that the funds were ly law 37 disbursed, and the number of vehicles abated, pursuant fed by 38 to an approved abandoned vehicle abatement program. ,ounty 39 The report shall be submitted to the department not later ,kJ 97 97 SB 112 — 4 - 1 - 4 -- 1 than 90 calendar days following the end of the previous 2 quarter. 3 (3) After a plan has been approved pursuant to 4 paragraph (1), the service authority shall, not later than 5 August 1 of the year in which the plan was approved, 6 submit it to the department for review, and the 7 department shall, not later than October 1 of that same 8 year, either approve the plan as submitted or make 9 recommendations for revision. After the plan has 10 received the department's approval as being consistent 11 with the department's guidelines, the service authority 12 shall,not later than January 1 of the following year,submit 13 it to the Controller. 14 (4) Except as provided in subdivision (e), the 15 Controller shall make no allocations for a calendar year to 16 a service authority for which an approved plan was not 17 received on or before January 1 of that year, or when a 18 county has failed to provide its quarterly report as 19 required in paragraph (2). 20 (5) No governmental agency shall receive any funds 21 from a service authority for the abatement of abandoned ' y„ 22 vehicles pursuant to 'an approved abandoned vehicle 23 abatement program unless the governmental agency has 24 submitted a quarterly report to the service authority 25 stating the manner in which the funds were expended, 26 and the number of vehicles abated. The governmental 27 agency shall receive that percentage of the total funds 28 collected by the service authority that is equal to the 29 percentage of vehicles abated by the agency of the total 30 number of abandoned vehicles abated by all agencies that 31 are members of the service authority. 32 (e) Any plan that has been submitted to the Controller 33 pursuant to subdivision (d) may be revised pursuant to 34 the procedure prescribed in that subdivision, including 35 compliance with any dates described therein for 36 submission to the department and the Controller, 37 respectively, in the year in which the revisions are 38 proposed. Compliance with that procedure shall only be 39 required if the revisions are substantial. A service 40 authority that is newly formed and has not complied with f 97 - 5 — SB 112 :)Us I subdivision (d) may so comply after the dates specified 2 in subdivision (d) by submitting an approved plan on or to 3 before those dates in the year in which the , plan is :an 4 submitted. C% 5 (f) For purposes of this section, "abandoned vehicle �d) :he 6 abatement" means the removal of a vehicle from public me j-) 7 or private property by towing or any other means after ike 8 the vehicle has been marked as abandoned by an official 9 of a governmental agency that is a member of the service aas lant 10 authority. .ity 11 (g) A service authority shall cease to exist on the date nit 12 that all revenues received by the authority pursuant to 13 this section and Section 9250.7 have been expended. 14 SEG. 2-. The sthm of fetw huffElred eightytheusa"d he 15 EleHars ($480,000� is herebyawl**ted &em the -to 3f 7 lot 16 A-bande ehiele Trust Fund to the Ge m fef l a 17 eJleeatiefl. to the serviee emther ties fer- the abatement of as 18 abandeft vel-Aeles ift the City emd GeutAy of Saff 19 Franeisee aftd the Getmty of Seft BenRe, Erem whieh ids 20 ftiftds were iheld dwing the 19W eedendaf year by the .ed 21 Gefitrell uft&,-p parragi-ap - 4*,of sebdivisi -fd+ of 22 Seems of the Vel-Aele Gede, with these edleeatie cle 23 to be in em ametutt equ to the wnewt that was withhel ias ity 24 in the+ eedettdar year. ,d, 25 SEG.G-. -hie aet is eat ttrgeney statute tteeessary for the 3=L�InLlalnl——4-: - tal 26 iffl-medtiftIn, . Reft of the pubhe pewee; heedth, of ids 27 safety within the ieg of Ar6ele W of the he 28 GenstAtt ezftd sha4 ge itAe immedia of The Bets 29 eenstittttiftg- the neeessity tal .7 eat 30 lit er-der to sr A. 'ate-, at the earliest pessible time, 31 fti-nds to sefyiee autheritiis fer the abateme of ter 32 abemden vehAeles frefft w-hieh fth-tds were widh4eld -*,x.z k3=,M.k to 33 dttriag the 49W eedettd" yeaf, it neeessat 70=-c this wet -&et 34 te4ee ng or er, Lre be ,ce ;th 0 97 97 --------------- XA