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BUTTE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
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Location: 3-A County Center Drive, Oroville - Conference Room
Date/Time: Thursday, January 30, 2003 -1:00 p.m. to 2:00 p.m.
AGENDA
1. Consideration of approval of revised Abandoned Vehicle Abatement Plan.
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
1
Corrections for Abandoned Vehicle Abatement Service Authority Documents per, CHP
` 12/30/02
1. Joint Powers Agreement, P. 1: delete the "A-02" at the top of the page:
2. Joint Powers Agreement, P. 2, Paragraph 6: VOTING RIGHTS: The current
language should be'deleted and replaced by the following: "Each city, town and
county shall appoint one representative to serve on the Service Authority's board
of directors. Each representative appointed to serve on the Service Authority's
board of directors shall be entitled to one vote at Service Authority board of
directors meetings."
3. Joint Powers Agreement, P. 2, Paragraph 7-. POWERS AND DUTIES: Add the
following as a new paragraph, but as a part of 7(a) (do not renumber):. "The
authority shall be staffed by existing County personnel."
4. Joint Powers Agreement, P. 374, Paragraph 10: OFFICERS: Insert subparagraph
headings a -e and number Chairperson's responsibilities (l)-(5).
5. Joint Powers Agreement, P. 6, Paragraph 18(a): TERMINATION BY
MEMBERS: Delete Stockton address and insert correct address for Butte County
Department of Development. Services. I
,
6. Service Authority Plan, P. 1, Paragraph 2(d): delete "on a population percentage
formula." Replace with "in accordance with Vehicle Code Section 22710."
7. Service Authority Plan, P. 2, Paragraph 2(e): insert at end of sentence "and must
follow the formula in Vehicle Code Section 22710."
8. Service Authority Plan, P. 6, Paragraph H(4): change Vehicle Code Section
8250.7" to "Vehicle Code Section 9250.7".
9. Service Authority Plan, P. 7' Paragraph J(1)(d):' online 4, after "contractual
agreements insert "to conduct audits and cover administrative expenses".
10. Service Authority Plan, P. 8, "Member Agencies" Paragraph: delete the entire
existing second sentence: "Appendix 3 .to Annex E, contained in this Plan, is a
draft form provided by the State Controller's Office." Delete from the beginning
of the existing third sentence: "When a final format for the annual report is
adopted by the State Controller's Office," capitalize the "t" of "that". It begins
the new second sentence.
G:\rob\AVA Corrections
CITIES, TOWN AND COUNTY OF BUTTE
ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY PLAN
A. PURPOSE.
The purpose of this Plan is to establish operation of a Service Authority for the abatement
of abandoned vehicles in Butte County pursuant to Vehicle Code section 22710. The
Service Authority is to be known as the Butte County Abandoned Vehicle Abatement
Service Authority ("Authority").
The purpose of the Authority's Plan shall be the exercising of certain operations as set
forth below which will assure the citizens of the cities, town and County of Butte that
abandoned vehicle abatement activities are conducted in a manner most consistent with
the good of the general public.
B. AUTHORITY ORGANIZATION.
1. Membership in the Authority is open to all cities, town and the County adopting
resolutions providing for the establishment of the Authority within Butte County
and imposition of an additional one dollar ($1) collected on motor vehicle
registration fees.
2. The Authority is to be governed by a Board of Directors. The Board of Directors
will be composed of representatives from each of the membership cities, town and
a County representative.
a. The initial terms of the Board s shall be for two years for half of the
members of the Board and four years for the remaining members. The
initial terms shall be determined by lot at the first meeting. Thereafter, all
terms shall be four years.
b. The Board of Directors shall be responsible for the administration and
management of the Authority Plan.
C. Monetary distribution shall be with approval of all members of the
Authority. Funds will be distributed in accordance with Vehicle Code §
22710 and any amendment thereto. Population figures used in calculating
the disbursement of funds shall be population figures issued annually by
the Department of Finance. These figures are normally available in the 2"d
quarter of the calendar year and any adjustments in monetary allocations
to members of the Authority will be made in the I" quarter of the fiscal
year.
d. Funds collected from non -participating cities will be distributed by the
Authority to the participating members in accordance with Vehicle Code
Section 22710.
e. Any change in method of distribution of funds will need a simple majority
of approval of the participating members of the Authority and must follow
the formula in Vehicle Code Section 22710.
01/14/2003 1
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11
RESOLUTIONS.
Annex A contains copies of the resolutions providing for the establishment of the
Authority, the imposition of the $1.00 registration fee, and the approval of this Plan,
pursuant to Sections 22710(a) and 9250.7(a) of the Vehicle Code. Copies of the
resolutions are on file with the Service Authority, the California Highway Patrol, and the
State Controller's Office. The Authority is comprised of the following cities:
JURISDICTION
POPULATION*
1. City of Biggs
1,797
2. City of Chico
66,767
3. City of Gridley
5,635
4. City of Oroville
13,034
5. Town of Paradise
26,500
6. County Unincorporated
93,268
TOTAL COMBINED POPULATION 207,001
TOTAL COUNTY POPULATION 207,001
*Figures based on California Department of Finance figures as of May 10, 2002.
Supplement C is the agreement for the establishment of the Butte County Abandoned
Vehicle Abatement Service Authority by the cities, town and County.
ABANDONED VEHICLE ESTIMATES.
As required by Section 22710(d)(5) of the Vehicle Code, "No governmental agency shall
receive any funds from a service authority for the abatement of abandoned vehicles
pursuant to an approved abandoned vehicle abatement program unless the governmental
agency has submitted an annual report to the service authority stating the manner in
which the funds were expended, and the number of vehicles abated. The governmental
agency shall receive that percentage of the total funds collected by the service authority
that is equal to its share of the formula calculated pursuant to paragraph.(6)."
01/14/2003 2
Based on the definition that an abandoned vehicle can be left on a highway, public or
private property, any vehicle tagged is a potential abandoned vehicle. However, many
vehicles that are not towed are moved by the owner. In Butte County, it is estimated that
there will be a potential of 29,450 vehicles,,which will become abandoned vehicles.
JURISDICTION
ESTIMATED NO. OF ABANDONED
VEHICLES -
1. City of Biggs
200
2. City of Chico
4000 -
3. City of Gridley
250
4. City of Oroville
5000
5. Town of Paradise
5000
6. County Unincorporated
15000
TOTAL
29450
E. ORDINANCES.
Each of the participating agencies have in place ordinances 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,
including highways, in accordance with the requirements of sections 22660 and 22661 of
the Vehicle Code. This includes ordinances developed for recovery pursuant to sections
25845 or 38773.5 of the Government Code. These ordinances are on file with the Service
Authority, the California Highway Patrol, and the State Controller's Office. Annex C
contains the ordinances of the. member agencies.
F. DISPOSAL AND ENFORCEMENT.
Each of the participating agencies have abandoned vehicle abatement, processing formats
or Standard Operating Procedures in place for the enforcement of Vehicle Code Section
22523, subdivisions (a) and (b). Statutory authority for the removal of abandoned
vehicles is Vehicle Code Section 22669, as well as local ordinances adopted for the
removal and disposal as public nuisances of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof from private or public property.
1. The Authority will contract with the cities, town and County to use any of the
following procedures to correct or secure compliance with the abandoned vehicle
plan for the Authority. Those procedures may include:
01/14/2003 3
a.
Initial Enforcement Action.
b.
Abandoned Vehicle Abatement.
C.
Citation.
d.
Injunction.
e.
Nuisance Abatement.
f.
Permit Revocation.
2. Initial Enforcement Action is defined as using whatever means necessary to
encourage the voluntary correction of an abandoned vehicle violation so that other
enforcement measures may be avoided by the Authority.
This may include a notice to responsible parties of the following:
a. Explanation of the nature of the violations and any actions which the
property owner and/or registered owner of the vehicle must take to correct
the violations.
b. A time limit for correction of the violation pursuant to Section 22523 of
the Vehicle Code and/or local abandoned vehicle ordinances.
C. A statement that any member : of the Authority intends to charge the
property owner for all administrative costs associated with the abatement
of a vehicle.
3. A time line may be established that requires an abandoned vehicle violation,
identified by a member of the Authority, to . be corrected within a certain
prescribed number of days. That time line may be extended by an Authority
member if it appears likely that the responsible party will correct the violation
within a reasonable time.
4. Abandoned Vehicle Abatement:
a. Each Authority member shall employ the procedures set forth in the
California Vehicle Code and/or any local ordinances to remove abandoned
vehicles from public and/or private property and secure their proper
disposal.
b. Authority members may under authorization of the California Vehicle
Code or1ocal ordinance issue a citation to any person who violates these,
codes or ordinances. Issuance of a citation and penalties for the violation
shall be pursuant to the California Vehicle Code and/or local ordinance.
C. Authority members may initiate proceedings to "secure injunctive relief to
determine an abandoned vehicle violation as designated by local
ordinance.
d. Authority members may employ; under State law or local ordinance,
abatement of an abandoned vehicle as a nuisance as defined below:
01/14/2003 4
1. Any condition declared by State law or local ordinance to be a
nuisance.
2. Any public nuisance known at common law or equity..
3. Any condition dangerous to human life, unsafe or detrimental to
the public health and safety.
e. The Authority members may initiate proceedings to revoke the approval of
any land use permit issued in a case where a use of that land has been
established or is conducted in a manner which fails to observe a condition
of approval that will lead to the accumulation of abandoned vehicles.
G. DISPOSAL OF ABANDONED VEHICLES.
Each Authority member will, after finding that a vehicle or parts thereof are in violation,
cause the vehicle or parts to be disposed of by removal to a scrapyard for processing as
scrap, or other final disposition consistent with State law or local ordinance. In
accordance with Vehicle Code sections 22671 and 22851.3, each member will maintain a
contractual agreement with a licensed auto dismantler and/or qualified tow company for
the removal and disposal of abandoned vehicles and may employ such contractors for the
abatement, removal and disposal as public nuisances of abandoned, wrecked,
dismantled, or inoperative vehicles',or parts thereof from private or public property.
Abated vehicles or parts thereof shall be disposed of by removal to a dismantler or to a
scrap yard for processing as scrap, unless the vehicle qualifies for restoration pursuant to
Section 5004 of the Vehicle Code.,
H. COST RECOVERY STRATEGY.
Participating agencies shall utilize the provisions of Section 22523 of the Vehicle Code to
effect partial recovery of costs incurred in the removal of an abandoned vehicle.
Additionally, member cities have enacted ordinances relative to recovery in accordance
with Sections 25845 or 38773.5 of the Government Code. It is the intent of the
abandoned vehicle abatement participants to recover the cost of abandoned vehicle
abatement activities from the Service Authority.
01/14/2003 5
1. Definition of Costs Recoverable from the Service Authority.
These are costs that include staff time expended and reasonably related to
abandoned vehicle.abatement cases where no permit is required, for items
including but not limited -to: investigation, site inspection, monitoring, reports,
telephone contacts, correspondence, meetings with affected parties, supervision of
investigative efforts, and computer time.
2. Cost Accounting and Recovery Required.
Each Authority member will maintain records of costs incurred in enforcement of
the abandoned vehicle abatement program and attempt recovery of these costs.
Staff time shall be calculated at an hourly rate as established by that member.
3. Method of Recovery.
As governed by existing State law, methods may include but are not restricted to
release fees, citation, liening the vehicle and/or property owner, imposing a
special assessment on real property, towing fees.
4. Audit.
The Service Authority and their jurisdictions shall conduct annual audits to ensure
that funds are being spent in compliance with Sections 9250.7 and 22710 of the
Vehicle Code. Audits may be performed by the City or County Auditor/Controller
or shall be contracted with a Certified Public Accountant or public accountant
pursuant to Section 6505 of the Government Code, to make an annual audit of the
accounts and records of every agency or entity.
I. CONTRACTUAL AGREEMENTS.
Authority members may employ contractors for the abatement, removal and disposal, as a
public nuisance, of abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof from private or public property.
APPROPRIATE FISCAL CONTROLS.
The Authority Board of Directors shall adopt an annual budget and shall set appropriate
revenue amounts to be earmarked to each participating member agency. These amounts
are to be based on the total revenue to be realized, including interest, by the annual
assessment of $1.00 per registered vehicle in the County. These amounts will be less
those costs for contracted services that the Service Authority might incur. Furthermore,
the administrative costs of the California Department of Motor Vehicles and State
Controller's office will be debited prior to distribution.
Each member agency shall account for funds received from the Authority using
Generally Accepted Accounting Principles (GAAP). Each agency shall maintain records
identifying the total number of vehicles or parts thereof abated.
1. Disbursement of Funds:
01/14/2003
(a) The money received by a Service Authority pursuant to Section 9250.7 of the
Vehicle Code shall be distributed to the cities, town and the county for their
use in accordance with Section 22710 (d)(5) of the Vehicle Code.
(b) The funds will be disbursed quarterly; as received, and based upon. the
percentage of vehicles abated by the agency of the total number of abandoned
vehicles abated by all agencies that are members of the Service Authority.
(c) The quarterly disbursement of funds to each participating jurisdiction shall be
based on the fiscal year beginning in July.
(d) The Treasurer of the Service Authority will receive any funds distributed to
the Service Authority by the. State Controller and shall disburse said funds,
including interest thereon, less any expenses resulting from contractual
agreements to conduct audits and cover administrative expenses, to each
member jurisdiction as authorized by the Board and by the terms of the this
Plan and the Joint Powers Agreement.
(e) Any funds received by the Service Authority 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 were
received, shall be returned to the State Controller's Office (SCO) for deposit
in the Motor Vehicle Account in the State Transportation Fund.
2. Major Purchases.
Major purchases exceeding $2,500 require prior approval from the Authority.
Requests shall include a detailed justification. When evaluating a request, the Authority
shall ensure the funds are being expended in accordance with Section 22710 of the
Vehicle Code and are justified expenses for the benefit of the Abandoned Vehicle
Abatement Program. For major purchases which will be utilized by other programs, the
Abandoned Vehicle Abatement monies will be approved based on the percentage of
estimated usage by the Abandoned Vehicle Abatement Program.
01/14/2003 7
K. REPORTING REQUIREMENTS.
In order to meet its obligation, the State Controller's Office requests that each Service
Authority, established pursuant to Vehicle Code sections 9250.7 and 22710, submit on an
annual basis, data required by Vehicle Code section 9250.7, subdivision (c).
Member Agencies.
The member agencies shall provide annual reports in a format similar to that contained in
Appendix 3 to Annex D, of this Plan. That form will be used for the annual report by the
member agencies. This report is due at the Butte County_ Development Services
Department no later than July 31 each year. Failure to submit a report by July 31 will
result in that member agency being ineligible for funds for that year, unless the deadline
of July 31 is waived by the Board of Directors.
Authority Reports to the State Controller's Office.
The Authority will generate and submit to the State Controller's Office the reports
required by Vehicle Code Section 9250.7, subdivision (c). The report shall be on a form
similar to the draft form provided by the State Controller's Office and shown in
Appendix 4 to Annex D of this Plan. When a final form is adopted by the State
Controller's Office, that form will be used. The annual report will be submitted to the
State Controller's Office no later than October 31 each year. The report shall contain the
following information:
1. The total revenues received by the service authority for the previous fiscal
year.
2. The total expenditures by the service authority for the previous fiscal year.
3. The total number of vehicles abated during the previous fiscal year.
4. The average cost per abatement during the previous fiscal year.
5. Any additional, unexpended fee revenues for the service authority for the
previous fiscal year.
L. ASSESSMENT OF THE PROGRAM.
The Authority Board of Directors will issue a report annually on the effectiveness of the
Authority
01/14/2003 8
M. UPDATES TO ANNEXES.
On occasion, events may occur that require revisions to the annexes contained herein.
When such revisions are necessary, they will be forwarded to the CHP. Service
Authority Board approval will not be required for updates to the annexes.
N. UPDATES TO THE AUTHORITY PLAN.
On occasion, events may occur that require revision to the Authority Plan. When a
revision is necessary, the revised Plan will be submitted to the Board of Directors of the
Authority for review and approval prior to submission to the CHP.
Note: Attached to this document is the Butte County Abandoned Vehicle
Abatement Service Authority Clerk's Certification of Action.
01/14/2003 q
CITIES AND COUNTY OF BUTTE
ABANDONED .VEHICLE ABATEMENT
SERVICE AUTHORITY PLAN
A. PURPOSE.
The purpose of this Plan is to establish operation of a Service Authority for the
abatement of abandoned vehicles in Butte County pursuant to Vehicle Code
section 22710. The Service Authority is to be known as the Butte County
Abandoned' Vehicle Abatement Service Authority ("Authority").
The purpose of the Authority's Plan shall be the exercising of certain operations
as set forth below which will assure the citizens of the cites and County of Butte
that abandoned vehicle abatement activities are conducted in a manner most
consistent with the good of the general public.
B. AUTHORITY ORGANIZATION.
1. Membership in the Authority is open to all cities and the County adopting
resolutions providing for the establishment of the Authority within Butte
County and imposition of an additional one dollar ($1) collected on motor
vehicle registration fees.
2. The Authority is to be governed by a Board of Directors. The Board of
Directors will be composed of representatives from each of the
membership cities and a County, representative.
a. The initial terms of the directors shall be for two years for half of
the members of the board and four years for the remaining
members. The initial terms shall be determined by lot at the first
meeting. Thereafter, all terms shall be four years.
b. The Board of Directors shall be responsible for the administration
and management of the Authority Plan.
C. Monetary distribution shall be with approval of all members of the
Authority. Funds will be distributed in accordance with Vehicle
Code § 22710 and any amendment thereto. Population figures used
in calculating the disbursement of funds shall be population figures
issued annually by the Department of Finance. These figures are
normally available in the 2°a quarter of the calendar year and any
*-adjustments in monetary allocations to members of the Authority
will be made in the 1 S` quarter of the fiscal year.
C.
W
d. Funds collected from non -participating cities will be distributed by
the Authority to the participating members on a population
percentage formula.
e. Any change in method of distribution of funds will need a simple
majority of approval of the participating members of the Authority.
RESOLUTIONS.
Annex A contains copies of the resolutions providing for the establishment of the
Authority, the imposition of the $1.00 registration fee, and the approval of this
Plan, pursuant to Sections 22710(a) and 9250.7(a) of the Vehicle Code. Copies of
the resolutions are on file with the Service Authority, the California Highway
Patrol, and the State Controller's Office. The Authority is comprised of the
following cities:
JURISDICTION
POPULATION*
1. City of Biggs
1,797
2. City of Chico
66,767
3. City of Gridley
5,635
4. City of Oroville
13,034
5. City of Paradise
26,500
6. County Unincorporated
93,268
TOTAL COMBINED POPULATION
207,001
TOTAL COUNTY POPULATION
207,001
*Figures based on California Department of Finance figures as of May 10, 2002.
Annex B is the agreement for the establishment of the Butte County Abandoned
Vehicle Abatement Service Authority by the cities and County.
ABANDONED VEHICLE ESTIMATES.
As required by Section 22710(d)(5) of the Vehicle Code, "No governmental
agency shall receive any funds from a service authority for the abatement of
abandoned vehicles pursuant to an approved abandoned vehicle abatement
program unless the governmental agency has submitted an annual report to the,
service authority stating the manner in which the funds were expended, and the
number of vehicles abated. The governmental agency shall receive that
percentage of the total funds collected by the service authority that is equal to its
share of the formula calculated pursuant to paragraph (6)."
Based on the definition that an abandoned vehicle can be left on a highway,
public or private property, any vehicle tagged is a potential abandoned vehicle.
However, many vehicles that are not towed are moved by the owner. In Butte
2
County, it is estimated that there will be a potential of XXXXX vehicles, which
will
become abandoned vehicles.
Abandoned Vehicle Abatement.
C.
JURISDICTION
ESTIMATED NO. OF ABANDONED VEHICLES
1.
City of Biggs
X
2.
City of Chico
X
3.
City of Gridley
X
4.
City of Oroville
X
5. -
City of Paradise
X
6.
County Unincorporated
X
TOTAL
X
E. ORDINANCES.
Each of the participating agencies have in place ordinances 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, including highways, in accordance with the
requirements of sections 22660 and 22661 of the Vehicle Code. This includes
ordinances developed for recovery pursuant to sections 25845, 38773.5 or 54988
of the Government Code. These ordinances are on file with the Service Authority,
the California Highway Patrol, and the State Controller's Office. Annex C
contains the ordinances of the member agencies.
F. DISPOSAL AND ENFORCEMENT.
Each of the participating agencies have abandoned vehicle abatement processing
formats nor Standard Operating Procedures in place for the enforcement of Vehicle
Code Section 22523, subdivisions (a) and (b).. Statutory authority for theremoval
of abandoned vehicles is Vehicle Code Section 22669, as well as local ordinances
adopted for the removal and disposal as public nuisances of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or public
property.
1. The Authority will contract with the cities and County to use any of the
following procedures to correct or secure compliance with the abandoned
vehicle plan for the Authority. Those procedures may include:
A.
Initial Enforcement Action.
b.
Abandoned Vehicle Abatement.
C.
Citation. '
d.
Injunction.
e.
Nuisance Abatement.
f.
Permit Revocation.
3
2. Initial Enforcement Action is defined as using whatever means necessary
to encourage the voluntary correction of an abandoned vehicle violation so
that other enforcement measures may be avoided by the Authority.
This may include a notice to responsible parties of the following:
a. Explanation of the nature of the violations and any actions which
the property owner and/or registered owner of the vehicle must
take to correct the violations.'
b. A time limit for correction of the violation pursuant to Section.
22523 of the Vehicle Code and/or local abandoned vehicle
ordinances.
C. A statement that any member of the Authority intends to charge
the property owner for all administrative costs associated with the
abatement of a vehicle.
3. A time line may be established that requires an abandoned vehicle
violation, identified by a member of the Authority, to be corrected within a
certain prescribed number. of days. That time line may be extended by an
Authority member if it appears likely that the responsible party will
correct the violation within a reasonable time.
4. Abandoned Vehicle Abatement:
a. Each Authority member.shall employ the procedures set forth in
the California Vehicle Code and/or any local ordinances to remove
abandoned vehicles from public and/or private property and secure
their proper disposal.
b. Authority members may under authorization of the California
Vehicle Code or local ordinance issue a citation to any person who
violates these codes or ordinances. Issuance of a citation and
penalties for the violation shall be pursuant to the California
Vehicle Code and/or local ordinance.
C. Authority members may initiate proceedings to secure injunctive
relief to determine an abandoned vehicle violation as designated by
local ordinance.
d. Authority members may employ, under State law or local
ordinance, abatement of an abandoned vehicle as a nuisance as
defined below:
1. Any condition declared by State law or local ordinance to
be a nuisance.
2. Any public nuisance known at common law or equity.
4
3. Any condition dangerous to human life, unsafe or
detrimental to the public health and safety.
e. The Authority members may initiate proceedings to revoke the
approval of any land use permit issued in a case where a use of that
land has been established or is conducted in a manner which fails
to observe a condition of approval that will lead to the
accumulation of abandoned vehicles.
G. DISPOSAL OF ABANDONED VEHICLES.
Each Authority member will, after.finding that a vehicle or parts thereof are in
violation, cause the vehicle or parts to be disposed of by removal to a scrapyard
for processing as scrap, or other final disposition consistent with State law or local
ordinance. In accordance with Vehicle Code sections 22671 and 22851.3, each
member will maintain a contractual agreement with a licensed auto dismantler
and/or qualified tow company for the removal and disposal of abandoned vehicles
and may employ such contractors for the abatement, removal and disposal as
public nuisances of. abandoned, wrecked, dismantled, or inoperative vehicles or
parts thereof from private or public property. Abated vehicles or parts thereof
shall be disposed of by removal to a dismantler or to a scrapyard for processing as
scrap, unless the vehicle qualifies for restoration pursuant to Section 5004 of the
Vehicle Code.
H. COST RECOVERY STRATEGY.
Participating agencies shall utilize the provisions of Section 22523 of the Vehicle
Code to effect partial recovery of costs incurred in the removal of an abandoned
vehicle. Additionally, member cities have enacted ordinances relative to recovery
in accordance with Sections 25845 or 38773.5 of the Government Code. It is the
intent of the abandoned vehicle abatement participants to recover the cost of
abandoned vehicle abatement activities from the Service Authority.
Definition of Costs Recoverable from the Service Authority.
These are costs that include staff time expended and reasonably related to
abandoned vehicle abatement cases where no permit is required, for items
including but not limited to: investigation, site inspection, monitoring,
reports, telephone contacts, correspondence, meetings with affected
parties, supervision of investigative efforts, and computer time.
2. Cost Accounting and Recovery Required.
Each Authority member will maintain records of costs incurred in
enforcement of the abandoned vehicle abatement program and attempt
recovery of these costs. Staff time shall be calculated at an hourly rate as
established by that member.
3. Method. of Recovery.
As governed'by existing State law, methods may include but are not
.restricted to release fees, citation, liening the vehicle and/or property
owner, imposing a special assessment on real property, towing fees.
4. Audit.
The Service Authority and their jurisdictions shall conduct annual audits
to ensure that funds are being spent in compliance -with Sections .8250.7
and 22710 of the Vehicle Code. Audits may be performed by the city or
county auditor/controller or shall be contracted with a certified public
accountant or public accountant pursuant to Section 6505 of the
Government Code, to make an annual audit of the accounts and records of
every agency or entity.
I. CONTRACTUAL AGREEMENTS.
Authority members may employ contractors for the abatement, removal and
disposal, as a public nuisance, of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof from private or public property.
J. APPROPRIATE FISCAL CONTROLS.
The Authority Board of Directors shall adopt an annual budget and shall set
appropriate revenue amounts to be earmarked to each participating member
agency. These amounts are to be based on the total revenue to be realized,
including interest, by the annual assessment of $1.00 per registered vehicle in the
County. These amounts will be less those costs for contracted services that the
Service Authority might incur. Furthermore, the administrative costs of the
California Department of Motor Vehicles and State Controller's office will be
debited prior to distribution.
Each member agency shall account for funds received from the Authority using
generally accepted accounting principles (GAAP). Each agency shall maintain
records identifying the total number of vehicles or parts thereof abated. ,
1. Disbursement of Funds:
(a) The money received by a Service Authority pursuant to Section 9250.7
of the Vehicle Code shall be distributed to the cities and the county for
their use in accordance with Section 22710 (d)(5) of the Vehicle Code.
(b) The funds will be disbursed quarterly, as received, and based upon the
percentage of vehicles abated by the agency of the total number of
abandoned vehicles abated by all agencies that are members of the
Service Authority.
(c) The quarterly disbursement of funds to each participating jurisdiction
shall be based on the fiscal year beginning in July.
6
(d) The Treasurer of the Service Authority will receive any funds
distributed to the Service Authority by the State Controller and shall
disburse said funds, including interest thereon, less any expenses
resulting from contractual agreements to conduct audits,, to each
member jurisdiction as authorized' by the board and by the terms of the
this Plan and the Joint Powers Agreement.
(e) Any funds received by the Service Authority 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 were received, shall be returned to the State
Controller's Office (SCO) for deposit in the Motor Vehicle Account
in the State Transportation Fund. `
2. Major Purchases.
Major purchases exceeding $2,500 require prior approval from the Authority.
Requests shall include a. detailed justification. When evaluating a request, the
Authority shall ensure the funds are being expended in accordance with Section
22710 of the Vehicle Code and are justified expenses for the benefit of the
'Abandoned Vehicle Abatement Program. For major purchases which will be
utilized by other programs, the Abandoned Vehicle Abatement monies will be
approved based on the percentage of estimated usage by the Abandoned Vehicle
Abatement Program.
K. REPORTING REQUIREMENTS.
In order to meet its obligation, the State Controller's Office requests that each
Service Authority, established pursuant to Vehicle Code sections 9250.7 and
22710, submit on an annual basis, data required by Vehicle Code section 9250.7,
subdivision (c).
Member Aizencies.
The member agencies shall provide annual reports in a format similar to that
contained in Appendix 3 to Annex E, of this Plan. Appendix 3 to Annex E,
contained in this Plan, is a draft form provided by the State Controller's Office.
When a final format for the annual report is adopted by the State Controller's
Office, that form will be used for the annual report by the member agencies. This
report is due at the Butte County Development Services Department no later than
July 31 each year. Failure to submit a report by July 31 will result in that member
agency being ineligible for funds for that year, unless the deadline of July 31 is
waived by the Board of Directors.
Authority Reports to the State Controller's Office.
The Authority will generate and submit to the State Controller's Office the reports
r
required by Vehicle Code section 9250.7, subdivision (c). The report shall be on
a form similar to the draft form provided by the State Controller's Office and
shown in Appendix 4 to Appendix E of this Plan. When a final form is adopted by
the State Controller's Office, that form will be used. The annual report will be
submitted to the State Controller's Office no later than October 31 each year. The
report shall contain the following information:
1. The total revenues received by the service authority for the previous
fiscal year.
2. The total expenditures by the service authority for the previous fiscal
year.
3. The total number of vehicles abated during the previous fiscal year.
4. The average cost per abatement during the previous fiscal year.
5. Any additional, unexpended fee revenues for the service authority for
the previous fiscal year.
L. ASSESSMENT OF THE PROGRAM.
The Authority Board of Directors will issue a report annually on the effectiveness
of the Authority.
M. UPDATES TO ANNEXES
On occasion, events may occur that require revisions to the annexes contained
herein. When such revisions are necessary, they will be forwarded to the CHP.
Service Authority Board approval will not be required for updates to the annexes.
N. UPDATES TO THE AUTHORITY PLAN.
On occasion, events may occur that require revision to the Authority Plan. When
a revision is necessary, the revised Plan will be submitted to the Board of
Directors of the Authority for review and approval prior to submission to the
CHP:
GAdocument\vehicle plan
8
Page! of 1
Horn, Dolores
From: Horn, Dolores
Sent: Monday, January 27, 2003 11:10 AM
To: Al McGreehan; Bob Koch;.Christopher, Yvonne; DeBrunner, Deborah; Farrell, Sean; Frank Hall;
Fred Davis; Gary Davidson; MacKenzie, Robert; Vieira, Mike
Subject: AVA Service Authority Meeting Confirmed for January 30, 2003
Attached are four documents for your review before the meeting on Thursday, January 30th at 1:00 p.m. at 3-A
County Center Drive Conference Room to approve the final AVA Service Plan.
They are:
1) Agenda
2) The original AVA Service Plan distributed for the 9/26/02 meeting.
3) The final AVA Service Plan for the 1/30/03 meeting dated 01/14/2003.
4) The correct ons.sheet.• Please note that only corrections numbered 6-10 are relevant to the upcoming
meeting, but the corrections numbered 1-5 show what changes the CHP would like each member to make to the
JPA agreement. Fred Davis has already made these changes to the JPA agreement and is working with legal
counsel for each member to get the revised JPA agreement signed by each member.
Dolores Horn
Secretary
Butte County
Department of Development Services ,
Phone: (530) 538-7604
Email: dhorn@buttecounty.net
1/29/03
Page 1 of 1
Horn, Dolores
From: Horn, Dolores
Sent: Monday, January 27, 2003 11:10 AM
To: Al McGreehan; Bob Koch; Christopher, Yvonne; DeBrunner, Deborah; Farrell, Sean; Frank Hall;
Fred Davis; Gary Davidson; MacKenzie, Robert; Vieira, Mike
Subject: AVA Service Authority Meeting Confirmed for January 30, 2003
Attached are four documents for your review before the meeting on Thursday, January 30th at 1:00 p.m. at 3-A
County Center Drive Conference Room to approve the final AVA Service Plan.
They are:
1) Agenda
2) The original AVA Service Plan distributed for the 9/26/02 meeting.
3) The final AVA Service Plan for the 1/30/03 meeting dated 01/14/2003.
4) The corrections sheet. Please note that only corrections numbered 6-10 are relevant to the upcoming
meeting, but the corrections numbered 1-5 show what changes the CHP would like each member to make to the
JPA agreement. Fred Davis has already made these changes to the JPA agreement.and is working with legal
counsel for each member to get the revised JPA agreement signed by each member.
Dolores Horn
Secretary
Butte County
Department of Development Services
Phone: (530) 538-7604
Email: dhorn@buttecounty.net
1/27/03
Page 1 of,I
Born, Dolores
From: Horn,
Dolores
Sent: Thursday, January 23, 2003 1:34 PM
To: 'gdavison@gridley.ca.us'; 'ccotter@g rid ley.ca.us'
Subject: FW: AVA Service Authority Meeting
For your information.
-----Original Message -----
From: Horn, Dolores
Sent: Thursday,, January 23, 2003 10:27 AM
To: Al McGreehan; Bob Koch; Christopher, Yvonne; DeBrunner, .Deborah; Farrell, Sean; Frank Hall; MacKenzie,
Robert; Vieira, Mike
Subject: AVA Service Authority Meeting
A meeting will need to be called to approve the CHP changes to the AVA Plan document by the AVA Service
Authority.
Please let me know if Thursday, January 30, 2003, at 1:00-2:00 p.m. will work with your schedules. The location
will be held again at
3-A County Center Drive in Oroville.
If you have questions, please let me know.
Thank you.
Dolores Horn
Secretary I ,
Butte County
Department of Development Services
Phone: (530) 538-7604
Email: dhorn@buttecounty.net
1/23/03
1. Page 1 of 1
Horn, Dolores
From: Horn, Dolores
Sent: Thursday, January. 23, 2003 10:27 AM
To:' Al McGreehan; Bob Koch; Christopher, Yvonne; DeBrunner, Deborah; Farrell, Sean; Frank Hall;
MacKenzie, Robert; Vieira, Mike
Subject: AVA Service Authority Meeting
A meeting will need to be called to approve the CHP changes to the AVA Plan document by the AVA Service
Authority.
Please let me know if Thursday, January 30, 2003, at 1:00-2:00 p.m. will work with your schedules. The location
will be held again at
3-A County Center Drive in Oroville.
If you have questions, please let me know.
Thank you.
Dolores Horn
Secretary
Butte County
Department of Development Services
Phone: (530) 538-7604
Email: dhorn@buttecounty.net
's OJAWOT
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--------------
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1/23/03.
t;.
Horn, Dolores
From: Christopher, Yvonne
Sent: Tuesday, January 21, 2003 6:00 PM
To: Horn, Dolores
Subject: FW: Abandoned Vehicle Abatement Authority
Please schedule an.AVA meeting. The list of attendees should be in the file on my office table.
Thanks,
Yvonne
-----Original Message -----
From: MacKenzie, Robert
Sent: Tuesday, January 21, 2003 1:51 PM
To: Christopher, Yvonne
Cc: DeBrunner, Deborah
Subject: Abandoned Vehicle Abatement Authority
It's time to convene the AVA Authority again for a very brief meeting. Fred Davis and I met with CHP about a month ago
and they gave us a list of corrections that they have required be made to the documents which establish the Butte County
AVA Service Authority. I have made changes to the AVA Plan document. Thus the Authority needs to approve the
changes to the plan that CHP wanted. If your dept. can schedule an AVA Authority meeting in the near future, I can put
together a plan document that shows the very minimal changes we made to satisfy the CHP. Thanks.
Robert MacKenzie
Butte County Counsel
(530) 538-7621
ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain
confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering
this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use
of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3)
requested to immediately notify us by e-mail that you mistakenlyyeceived this message (countycounsel@buttecounty.net
<mailto:countycounsel@buttecounty.net>), fax (530) 538-6891,.or telephone (530) 538-7621. Thank you. "
osv Lk-rGr
Horn, Dolores
----------------
From: Horn, Dolores
Sent: Thursday, January 23, 2003 10:52 AM
To: 'biggs@manznet.com'
Subject: FW: AVA Service Authority Meeting
TO: Sharlita Calloway
Mayor
City of Biggs
. Page 1 of 1
As a follow-up to my phone call to your office today, below is the meeting information regarding approving CHP
changes to the AVA Plan. The cities of Biggs, Gridley, Oroville, Paradise, Chico and Butte County are to be
represented at this meeting. Hopefully, this date and time is convenient for you or a member of your staff.
Please let me know who will be in attendance for the City of Biggs.
If you have questions, I can be reached at 538-7604.
Thank you.
-----Original Message -----
From: Horn, Dolores
Sent: Thursday, January 23, 2003 10:27 AM
To: Al McGreehan; Bob Koch; Christopher, Yvonne; DeBrunner, Deborah;. Farrell, Sean; Frank Hall; MacKenzie,
Robert; Vieira, Mike
Subject: AVA Service Authority Meeting
A meeting will need to be called to approve the CHP changes to the AVA Plan document by the AVA Service
Authority.
Please let me know if Thursday, January 30, 2003, at 1:00-2:00 p.m. will work with your schedules. The location
will be held again at
3-A County Center Drive in Oroville.
If you have questions, please let me know.
Thank you.
Dolores Horn
Secretary I
Butte County
Department of Development Services
Phone: (530) 538-7604
Email: dhorn@buttecounty.net
1/23/03
r.
Horn, Dolores
-
From: MacKenzie, Robert
Sent: Friday, January 24, 2003 1:51 PM
To: Horn, Dolores
fV
Subject: RE: AVA Authority Agenda for January 30th
'You welcome. Would you email an agenda and attachments to Fred
Davis atrfd67'24
@aol.com? If you don't, I'll get in trouble. You know how tough
Fred can be.
-----Original Message--=--
_ From: Horn, Dolores
Sent: Friday, January 24, 2003 1:42 PM
To: MacKenzie, Robert
Subject: RE: AVA Authority Agenda for January 30th
Thanks!
-----Original Message -----
.From: MacKenzie, Robert
Sent: Friday, January 24, 2003 1:4.0 PM -'
To: Horn, Dolores
Subject: RE: AVA-Authority Agenda for January 30th
_
OOPS, forgot to attach -it. HERE it is.
-----Original Message-----'
From: Horn, Dolores
Sent: Friday, January 24, 2003 10:58 AM
To: MacKenzie, Robert
Subject: AVA Authority Agenda for January 30th
Rob.
I thought we might also send an agenda out, but I wasn't sure what agenda items to place.
Do you mind reviewing/updating it?
Thanks.
AVA Authority Agenda.doc
1
Page 1 of 2
Horn, Dolores
From: MacKenzie, Robert
Sent: Friday, January 24, 2003 9:34 AM
To: Horn, Dolores
Subject: RE: AVA Service Authority Meeting
Dolores, thanks for calling. o documents to send out for the Authority Board's packet. If you can find
an electronic co of th ian d0- : ou sent out to them for their first agenda, I would send them that plan as
well as ft_�A' plan,' nd t e- rrec iI
s sheet; ttached to this message. Please explain to them that only
corrections - -on a corrections se are relevant for their upcoming meeting, but that we have included the
entire corrections sheet, so they will know what changes CHP wants each member to make to the JPA
agreement, as well. Thanks.
'bdO
-----Original Message-----
From: MacKenzie, Robert
Sent: Thursday, January 23, 2003 4:35 PM
To: Horn, Dolores
Subject: RE. AVA Service Authority Meeting
Could you give me a call, so we can talk about distribution of the agenda packet to the AVA Board
members? I need to get you a document for that. Thanks.
-----Original Message -----
From: Horn, Dolores
Sent: Friday, January 24, 2003 7:32 AM
To: MacKenzie, Robert
Subject: RE: AVA Service Authority Meeting
1/24/03
G -G
-----Original Message -----
From: Horn, Dolores
Sent: Thursday, January 23, 2003 10:27 AM
To: Al McGreehan; Bob Koch; Christopher, Yvonne; DeBrunner, Deborah; Farrell, Sean;
Frank Hall; MacKenzie, Robert; Vieira, Mike
Subject: AVA Service Authority Meeting
A meeting will need to be called to approve the CHP changes to the AVA Plan document by
the AVA Service Authority.
Please let me know if Thursday, January 30, 2003, at 1:00-2:00 p.m. will work with your
schedules. The location will be held again at
3-A County Center Drive in Oroville.
If you have questions, please let me know.
Thank you.
Dolores Horn
Secretary I
Butte County
Department of Development Services
Phone: (530) 538-7604
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