Loading...
HomeMy WebLinkAbout92-161 5 6 ? 9~ 10 11 13 li 15 16 17 19 20 21 0.2 23 25 26 27 21 RESOLUTION NO. 92-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH TO ESTABLISH THE MENDOCINO COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY 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, Section 22710 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, the City Council finds that an organized program for the abatement, removal, and disposal of abandoned, wrecked, dismantled, and inoperative vehicles is needed to protect the health and safety of citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of Ukiah that: (1) The Mendocino County Abandoned Vehicle Abatement Service Authority be established in Mendocino County pursuant to Section 22710 of the California Vehicle Code; and (2) A $1.00 vehicle registration fee be imposed in Mendocino County pursuant to California Vehicle Code Section 22710 and Section 9250.7; and (3) The Mendocino County Abandoned Vehicle Abatement Service Authority shall consist of the Director of the Planning and 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Building Services Department for the County of Mendocino. The effective date of this Resolution shall be October 16, 1991. THE FOREGOING RESOLUTION was introduced by Shoemaker, seconded by McMichael, and carried this 16th day of October, 1991, by the following vote on roll call: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: None. ATT T Ca May~r Colleen B. H&nderson EXHIBIT "A" MENDOCINO COUNTY ABANDONED VEHICLE ABATEMENT PLAN I. Abandoned Vehicle Abatement Plan Statement This plan is established pursuant to California State Assembly Bill AB4114 and California Vehicle Code Section 22710 for the purpose of the abatement of abandoned vehicles from public and private properties located in the unincorporated and incorporated areas of Mendocino County. (A) Required Resolutions The Board of Supervisors for the County of Mendocino and the incorporated cities of Ukiah, Willits, Fort Bragg and Point Arena (which are a majority of cities having a majority of the population) have adopted the required resolutions establishing the imposition of the one dollar ($1) registration fee pursuant to Subdivision (a) of California Vehicle Code Section 22710 and Subdivision (a) of California Vehicle Code Section 9250.7, copies of which are attached and incorporated as a component of this plan. The cities and county have adopted the required resolutions approving the Abandoned Vehicle Abatement Plan, as required by Subparagraph (1) of Subdivision (d) of California Vehicle Code Section 22710, copies of which are attached and incorporated as a component of this plan. 1. II. Estimate of the Number of Abandoned Vehicles Based on a preliminary needs assessment for the program, it is estimated that there are approximately 5,000 abandoned vehicles located throughout the unincorporated and incorporated areas of Mendocino County. This information was obtained from wrecking yard operator's estimates of abandoned vehicles, tow operator estimates, code enforcement official's estimates based on observations and Highway Patrol annual abatement figures for highways. III. Abatement Procedure Ordinances The cities and county participating in this Plan have adopted ordinances pursuant to Subparagraph (1) Subdivision (c) of California Vehicle Code Section 22710 which meet the requirements of California Vehicle Code Section 22660 and 22661, establishing procedures for the abatement, removal and disposal as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property, copies of which are attached and incorporated as a component of this Plan. · IV. Disposal and Enforcement Strateqy (A) Enforcement Strategy The County of Mendocino shall be responsible for the enforcement of local ordinances adopted for the purposes of abatement, removal and disposal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property within county jurisdiction as well as within the incorporated cities of Willits, Fort Bragg and Point Arena. The City of Ukiah shall be responsible for the enforcement within their jurisdiction of their local ordinance adopted for the purposes of abatement, removal and disposal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property. The Service Authority may enter into an agreement with the California Highway Patrol for the abatement of Abandoned vehicles from highways and county roads. (B) Disposal Strategy Abandoned vehicles or parts thereof which are abated pursuant to the adopted local ordinances, will be disposed · of by removal to the nearest licensed automobile dismantler yard, scrap yard or other suitable site as provided by California Vehicle Code Section 22662. Disposition of abandoned low value vehicles will be conducted in accordance with the procedures of California Vehicle Code Section 22851.3. This Plan recognizes that commercial channels of vehicle disposal are not presently available for the coastal area of the county due to a lack of any lawfully established automobile dismantler or scrap yards located in that area. Therefore, until such time as a suitable storage and disposal site is established in the coastal area pursuant to California Vehicle Code Section 22662 by private enterprise or by local authority, the abandoned vehicles will be disposed of by removal to any automobile wrecking yard that is located so as to provide the most cost effective disposition. Disposal of abandoned vehicles in the inland area of the county will also be accomplished by removal to the most cost effectively located automobile wrecking yard. In cases involving large numbers of abandoned vehicles stored in one location and/or geographic area in violation of local ordinances, a portable automobile crusher operator may be contracted with by the county and such abandoned vehicles will be disposed of pursuant to California Vehicle Code Section 22662 and procedures of Section 22851.3. · This Plan shall also include abatement of abandoned vehicles from public property within Mendocino County such as state and national forests and parks. V. Cost Recovery Strategy Cost recovery procedure initiation will be pursuant to local ordinances adopted for the purpose in accordance with Section 25845 or 38773.5 of the Government Code. Any costs not recovered pursuant to these sections may be recovered from the Trust Fund. VI. Contractual Agreements The county will contract with the necessary tow operators, automobile dismantlers or scrap iron processors. The county may enter into an agreement with the California Highway Patrol for the abatement of abandoned vehicles from highways and county roadways. The City of Ukiah will contract with the necessary tow operators for the removal of abandoned vehicles within their jurisdiction. (Due to the limited available time to complete this program plan, copies of tow operator contracts will not be included in the plan when forwarded to the state for approval.) 5. VII. Fiscal Control (A) Accountinq of Gross Funds Received This Plan establishes that accounting will be administered by existing County Planning and Building Services Department staff and staff of the County Auditor Controller's office. Funds received from the Abandoned Vehicle Trust Fund will be deposited into appropriate trust accounts by the County Auditor Controller's office. (B) Itemized Accounting Itemized accounting will be conducted by county staff reflecting each deposit and each claim for payment as a separate item. A running account will be computer prepared. (C) Invoicinq Procedures The contracted tow operator will invoice the County of Mendocino upon completion of removal of the abandoned vehicle(s) . Invoices for disbursements will be audited by the Mendocino County Planning and Building Services Department. A claim will be prepared and forwarded to the Mendocino County Auditor's office for payment. · (D) Total Number of Vehicles Abated The total number of vehicles abated will be compiled from the invoices and claims for payment to the Mendocino County Auditor. The City of Ukiah will provide to the Service Authority, the quarterly and annual totals of the number of abandoned vehicles abated in their jurisdiction. (E) Auditing Internal audits will be conducted quarterly by County Planning and Building Services Department accounting staff in preparation of quarterly reports to the California Highway Patrol. In addition, there will be continuous reconciliation of trust account statements with departmental records. The County Auditor's office will conduct periodic audits. (F) Authorized Expenditures The trust funds received for this Plan shall only be used for the expenses related to the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property. This includes abandoned vehicles abated from highways and county roadways by the California Highway Patrol. 7. The authorized expenditures encumbered by the County of Mendocino enforcing abandoned vehicle abatement pursuant to this plan, shall be paid from the Abandoned Vehicle Abatement Trust Fund. (G) Allocation of Funds The following formula for the allocation of Abandoned Vehicle Abatement Trust Funds is established in order to insure that a fair and equitable distribution of the costs of abatement of abandoned vehicles from public property is shared by the participating cities and the'county. For the purposes of this Plan, the definition of public property includes highways, county-owned lands, state and national forests and parks, and Bureau of Land Management properties. Abandoned vehicle abatement trust funds will be allocated to the City of Ukiah for the abatement of abandoned vehicles within their own jurisdiction, pursuant to this plan. Trust funds will be allocated at the rate of seventy-five cents per person of the population for that jurisdiction. The population figures which will be used are those provided in the 1991 estimate of the State Department of Finance. · The balance of the remaining abandoned vehicle abatement trust funds will be allocated to the County of Mendocino for the abatement of abandoned vehicles pursuant to this plan. Trust funds will be paid pursuant to this plan on a quarterly basis upon receipt from the State Controller's office. Trust funds which are received and not expended in the same year shall be carried over to the next year. VIII.Reporting Requirements The County Planning and Building Services Department will prepare for the Service Authority, the required quarterly and annual reports for submittal to the California Highway Patrol, containing the following information: The gross amount of money received from the Abandoned Vehicle Trust Fund during the quarter and the year to date. · An itemized statement of the Abandoned Vehicle Trust Fund monies expended during the quarter and during the year to date. · · An accounting of the total number of vehicles and parts thereof abated by the participating cities and county during the quarter and the year to date. · An assessment of the effectiveness of the Abandoned Vehicle Abatement Plan for the quarter and year to date. 10.