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HomeMy WebLinkAboutABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY'tM BUTTE COUNTY ABANDONED VEHICLE ABATEMENT AUTHORITY MINUTES 3-A County Center Drive, Oroville Thursday, Sept. 26, 2002 The meeting was called to order by Chief Deputy County Counsel, Rob MacKenzie at 1:10 P.M. Roll Call: Biggs — absent (Theback) (4 years) Gridley - present (Hall) (4 years) Oroville — present (Zollner) `(2 years) Paradise — present (McGreehan) 2 years) Chico — present (Koch) (2 years) Butte County — present (Farrell) (4 years) County Counsel Rob MacKenzie conducted a drawing (lot) to determine term lengths for. each member as noted above, as per Article V, section 3 of the bylaws. Rob asked for a motion to elect Yvonne Christopher, Development Services Director, Butte County, as the secretary in accordance with Article 2 (Authority Operation) section 2.1 (1) of the Contractual Services Agreement -between the.Authority and the County of Butte. M-Zollner, 2"d — Hall — passed — unanimous Election of Officers: Butte County — Chair Paradise — Vice Chair M -Koch, 2"d-Zollner Discussion: Koch suggested alternate attendees should not act as chair or vice -chair in the absence of appointed official. The motion was, amended to include this restriction. Koch distributed the amendment to Article IV, section 3 which reflected this suggestion. Passed unanimously (Paradise abstained from self vote) Vice Chair McGreehan presided for the remainder of the meeting. BYLAWS - Discussion and consideration Koch asked that all references to "Chair" or "Vice -Chair" be changed to "Chairperson" and "Vice -Chairperson" throughout the documents being reviewed. It was agreed by all, that the documents would be revised. Counsel MacKenzie recommended that the end of Section 4 of Article VI of the bylaws be amended to reflect that, while a concurrence of majority of a quorum is ordinarily sufficient to constitute an official act by the Authority, Vehicle Code Section 22710 requires that approval of and/or significant revisions to Authority's Program and Plan must be approved by a majority of the, members of the Authority. Counsel MacKenzie volunteered to draft language for this revision, should the Board approve it 1 Counsel MacKenzie conducted a discussion of when the reporting is required to CHP. After reviewing the CHF handbook and Vehicle Code section 22710 (d) 5, it was determined it was annually. The Bylaws were amended as attached in Exhibit* L' M -Koch, 2"d -Hall to approve as amended Passed -unanimously Page 2 — minutes (9/26/02) SERVICE AUTHORITY PLAN- Discussion and consideration Discussion: . Koch — Why is section B -2(a) repeated in the Plan when it was documented in the Bylaws? MacKenzie — To be inclusive, as the individual agencies approve the JPA, the board approves the plan. Only the plan is forwarded to CHP. McGreehan.- Can the plan be amended? MacKenzie -Yes It was determined by Counsel. MacKenzie that the word "tagged" used in the second paragraph of section D'was defined as "any vehicle identified with following notification" (tagged, letter sent, etc.). A lengthy discussion ensued as to how to establish the estimates required in section D. It was determined that the estimates should be projected for the next ten years. Sean Farrell, Butte County Asst. CAO, asked that there be clarification written into the plan to show the figures were projected for ten years, not one. All agreed. McGreehan — Do we take population vs. registered vehicles? If so, it wouldn't account for vehicles that are registered to a city resident but get abandoned in the county. . Gene McCarty, Town of Paradise suggested using a formula based on existing abandoned vehicles, multiplied by ten years adjusting for future growth. Michael Vieira, Building Official of Butte County has contacted some of the jurisdictions and based on expected population protracted the following 10 year estimate of abatements: Chico - 4000 Gridley - 250 Oroville — 5000 Biggs - 200?? Paradise — 5000 Butte County 15,000 Section E: Counsel MacKenzie stated that all ordinances must be completed before the plan is submitted to CHP. A discussion ensued as to who would make the final determination on whether our plan would be accepted for 2003, since we are.2 months late in submitting it to the state. MacKenzie stated it would be the DMV Director. Section G: Koch questioned the second sentence where the plan states that a contractual agreement would be maintained with "A" licensed auto dismantler. As most jurisdictions 2 use a rotational schedule. It was suggested the wording be changed to "one or more". All agreed. McGeehan asked if the arrangement HAD to be contractual. After a review of the statutes and lengthy discussion it was determined it was not mandatory and the sentence. structure was amended to reflect the changes. FRANK HALL (Gridley) excused himself from the meeting. An additional Gridley alternate was not present. Section H: Koch suggested Item #1 should include actual costs of disposal or removal. McCarty aske&if recovery is mandatory. MacKenzie stated that the jurisdiction could use the funds or get cost recovery from the owner. McCarty asked if we have to show efforts (liens; etc.) for cost recovery. MacKenzie stated you can just get rid of the problem and shared an example of using the affidavit to state it is not the owner's vehicle. Section J: Koch asked if the $2500 is the agency or authority cost. MacKenzie stated,* agency. McGreehan suggested it might be something like a. vehicle for code enforcement. McGreehan asked where the $2500 figure came from. Farrell stated from the CHP authority and handbook. Farrell suggested we have a standing meeting in September every year. All agreed M -Koch to approve plan as amended by consensus. 2nd -Farrell -passed unanimous. M-Zollner to have County forward plan to the State 2°d -Koch - passed unanimous Review and consider approval of Contractual Services Agreement between Butte County and the Authority. Revisions were suggested by Farrell to page 4. M -Koch, 2".a — Zollner — Vice chairperson McGreehan asked for a roll call vote. Biggs absent Gridley — absent Oroville — yes Paradise — yes Chico — yes Butte Co = abstain Motion passed Agreement between the county and authority Discussion of the quarterly report as required in section 3.2 Vieira stated the quarterly report justifies the quarterly payments made from the state. Fund requests. are reported annually, but funds are dispersed quarterly. Farrell referenced section 1-J of the CHP handbook. Zollner asked if population will control. the payments. MacKenzie: No, the first year only We need to determine what apportionment formula should be used. This needs to be 3 determined by the first annual report. Population, geography and actual abatements determine final allotments. M -Koch to -approve and execute with the county 2"d- McGreehan 3 - yes Farrell - abstain Agreement between City and Authority Strike section 1.1 reference to the Butte I County Code Section 7.1 and 7.2 amend language M-Zollner, 2,d—Koch To amend sections as noted and give authority to county counsel to review and amend the City.agreements for editorial changes (not substantial) and allow chair to sign agreements. Passed unanimously Koch noted that the City of Chico had not been signed as yet. They were scheduled to be heard by the council on Oct. 1, 2002. He would forward the final documents to Yvonne Christopher, secretary.' No further business Adjournment 4 7 1� . `CITIES, TOWN AND COUNTY OF BUTTE R 'ABANDONED VEHICLE:ABATEMENT " �I► -- SERVICE AUTHORITY PLAN -A: PURPOSE. `F } . 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 ds' to be.. known as the Butte + s County Abandoned Vehicle Abatement Service Authority ("Authority"): = The purpose of the Authority's, Plan shall be the., exercising of F -certain operations*. as set. forth below which will -assure the citizens, of the cities, town and County of Butte ' than abandoned vehicle abatement activities are ` • conducted in a manner most consistent with the goodof 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, `k - ' within Butte County and imposition of a:n additional one 'dollar ($1)' ' collected on motor vehicle registration fees. 2. . ,{ The Authority is, be governed by a Board of Directors. The Board of , Directors wily be, composed of, repr`e'sentatives -from each, of the . membership cities, town and a County representative. R r }a. r The initial terms of the Boards' shall be for two years for half of - the members of the Board, and four, years for the remaining members. The initial termsshall be. determined by lot at the ' first meeting. Thereafter, all'terms shall befour 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 mmbers of. s +� the Authority. * Funds will, be distributed in accordance with' Vehicle'Code ,§ 227.10 and -any *amendment thereto: Population figures'' used in calculating the ,disbursemerit of funds shall be ' population figures issued annually, by the Department' of, Finance. These figures are normally available in .the 2nd quarter- . •- ! .. of the calendar . year. and * any adjustments ° in- monetary ' allocations to members of the Authority willw be made in the, 1St w quarter of the fiscal year'.' Funds collected from non=participating cities will be distributed • f, p by the Authority..' to the' participating members in accordance r N with Vehicle'Code Section 22710. 1/24/2003 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. C: 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 1. City of Biggs 2. City of Chico 3. City of Gridley 4. City of Oroville. . 5. Town of Paradise 6.. County Unincorporated TOTAL COMBINED POPULATION TOTAL COUNTY POPULATION POPULATION* 1,797 66,767 5,635 13,034 -26,500 98,268 207,001 207,001 *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. D. 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)." 1/24/2003 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 1. City of Biggs 2. City of Chico 3. City of Gridley 4. City of Oroville 5. Town of Paradise 6. County Unincorporated TOTAL E. ORDINANCES. ESTIMATED NO. OF ABANDONED VEHICLES 200 4000 250- 5000 5000 15000. 29450 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: 1/2/2003 3 . p S ' A 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 amember 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 fo_rthe 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. 1/24/2003 4 d. Authority members may employ, under State lav 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. 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 consisterit 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. 1/�4/�003 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, r 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 227.10 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. 1/24/2003 6 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, 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. 1/24/2003 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 950.7, 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. 1/24/2003 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. 1/24/2003 .9 Butte County'Department of Development Services YVONNE CHRISTOPHER, DIRECTOR County Center Drive oville, CA 95965 1130) 538.7601 Telephone. (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING Butte County Abandoned Vehicle Abatement Service Authority Clerk s Certification of Action MEETING DATE: January 30, 2003. ITEM SUBJECT: Approval of Butte County Abandoned Vehicle Abatement Service Authority Plan and Program ITEM DESCRIPTION: Service Authority Board approval of the Butte County Abandoned Vehicle Abatement Service Authority. Plan, and authorization for County staff to forward the Butte County Abandoned Vehicle Abatement Program to the State of California for review was requested by the Butte County Counsel. The term of the Plan and the. Program is ten years. BOARD ACTION TAKEN: APPROVED PLAN AND AUTHORIZED STAFF TO FORWARD THE PROGRAM TO THE STATE OF CALIFORNIA FOR REVIEW VOTE: Ayes: Alternate Koch (Chico), Zollner' (Oroville), Alternate Farrell (Butte County), McGreehan (Paradise) Noes: None. Absent: Alternate Hall (Gridley) and,Theback (Biggs). Not Voting: None. Unanimously Carried. CERTIFICATION: I hereby certify that the above action was taken by the Butte County Abandoned Vehicle Abatement Authority on. the date listed above. I further attest that the above action has not been amended, superceded, or nullified since the Authoritys approval. Yv e Chris er, Secr of the Butte County Abandoned Vehicle E O O Dep f p artment o Develo meet Services. 01 o BUTTE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY Location: 3-A County Center Drive, Oroville - Conference Room Date/Time: Thursday, September 26, 2002 -1:00 p.m. to 2:00 p.m. AGENDA 1. Election of Officers—Chair, Vice -Chair and Secretary. 2. Review and consideration of draft Authority Bylaws. 3. Consideration of approval of Abandoned Vehicle Abatement Plan and authorization for the implementation of County -wide AVA Program. 4. Review and consider approval of Contract for staff and audit services between Butte County and Authority. 5. Review and consider approval of general services and reporting agreement:between Butte County and Authority. 6. Review and consider approval of general services and reporting agreements between cities and Authority. Butte County Department of Development Services ■ . 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604 1 BUTTE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY BYLAWS ARTICLE I =NAME The name of this authority shall be the Butte County Abandoned Vehicle Abatement Service Authority. It will be referred to elsewhere in these bylaws as the AService Authority@. The Board of Directors of the Service Authority shall be known and referred to elsewhere in these bylaws as the AService Authority Board@., ARTICLE II - PURPOSE The purpose of the Service Authority is to implement a Butte County Abandoned Vehicle Abatement Program (hereinafter, the AProgram@) and serve as the administrative and legislative body in .charge of that Program. ARTICLE III - RESPONSIBILITIES The Service Authority Board shall approve a Program and submit it to the California Highway Patrol for approval. Thereafter; the Service Authority Board meetings shall provide a forum for the discussion of abandoned vehicle abatements conducted pursuant to the, Program within Butte County.. The Service Authority Board shall apportion and disburse funds to each Service Authority member in compliance with Vehicle Code Section 22710. The Service Authority Board shall periodically prepare and transmit Program recommendations to the legislative bodies of Service Authority members. The Service Authority Board shall also monitor compliance by Service Authority members with State law requirements relevant to the Program; conduct and report the results of any survey, study or analysis pertaining to the Program; manage the financial affairs of the Service Authority and modify and/or approve quarterly and annual reports to CHP. ARTICLE IV - MEMBERSHIP - BOARD OF DIRECTORS Section 1 - Each member of the Service Authority shall appoint one director to the Service Authority Board. Section 2 - Each of the directors shall serve at the pleasure of the legislative body of the member which appointed him or her. Section 4 - A simple majority of directors with current appointments shall constitute a quorum for meetings of the Service Authority Board. Article V - OFFICERS AND TERMS OF OFFICE Section 1 = The officers of the Service Authority Board shall be a Chair and Vice -Chair, to be elected by the Service Authority Board at its first meeting of each calendar year. Section 2 - An officer shall assume office immediately upon election and until his or her term expires. Section 3 - The initial terms of the directors shall be two years for half of the members of the board of directors and four years for the remaining members of the board of directors. The initial terms shall be determined by lot at the first meeting. Thereafter, all terms.shall be four years. Section 4 If the office of the Chair becomes vacant, the position shall be filled for the unexpired term by the Vice -Chair who shall vacate the office of the Vice -Chair. If the office Vice -Chair becomes vacant, the office shall be filled by a vote of the Service Authority Board, and the Electee shall serve for the unexpired term. If both offices become vacant, both will be filled for the unexpired term by a vote of the Service Authority Board. Section 5 - The Chair shall preside at all regular and special meetings of the Service Authority Board and shall appoint all committees. Section 6 Chair and Vice -Chair Absent. In the absence of the Chair and Vice -Chair, any member of the Board of Directors may call the Service Authority to order, and a Chair pro tem shall be elected from the members present. Section 7 Chair=s Responsibilities.. The responsibilities of the Chair shall be as follows: a. Preside at all meetings of the Service. Authority. b. Call special'meetings of the Service Authority. c. Sign documents on behalf of the Service Authority. d. Appoinf all subcommittees and,nominating committees of the Service Authority. e. Direct appropriate. follow through on items raised that are not listed on the Service Authority agendas and refer procedural matters to staff for action. Section 8 Vice -Chair=s Responsibilities., During the absence, disability or disqualification of the Chair, the Vice -Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. Article VI - MEETINGS Section 1 - Regular meetings shall be at least annually, or as necessary, as determined by the Chair. The regular location of meetings may be the Conference Room at 3-A County Center Drive, or other suitable locations of adequate size. Special meetings may be called by the Chair and shall be called by the Chair on petition of a majority of the Service Authority Board. The location of a special meeting shall be determined by the Chair or by the petitioning majority of the Service" Authority Board when the need of the meeting becomes known: Section 2 - Meetings shall be public and minutes shall be maintained of all meetings. Section 3 -, Meetings and the conduct of Service Authority Board members shall be governed by the Ralph M. Brown Open Meeting Act, Government Code section 54950, et seq. Section 4 - Agendas for regular meetings shall be distributed to Service Authority Board members and posted for public information no later than 72 hours prior to each regular meeting. Agendas for special meetings shall be distributed to Board members and posted for public information no later than 24 hours prior to each special meeting. A majority of the members of the Service Authority Board constitute a quorum. No act of the Service Authority Board shall be valid unless a majority of that quorum concur therein. Section 5 - Items proposed for the Service Authority Board =s agenda shall be submitted to Butte County Department of Development Services (DDS) Staff no later than 2 weeks prior to each meeting. Section 6 - Agendas shall be posted in a location that is freely accessible to members of the public near the entrance to the facility where the meeting is to be held. Agendas shall also be sent to individuals who ask to be placed on the Service Authority Board =s mailing list. Section 7 - The Service Authority Board may only discuss and take action -on items posted on the agenda. Items or subjects not posted on the agenda may be presented to the Service Authority Board, but the Service Authority Board May not discuss or act upon ,these items unless there is a determination by at least two-thirds of the Service Authority Board that the need to take action on the item arose after the agenda was posted, or that an emergency situation exists. If staff or a director had knowledge that actions would be required by the Service Authority Board, and the knowledge or need existed prior to the deadline for posting the agenda, the Service Authority Board shall not take action, but the Chair may refer the item for further placement on the agenda for the next regular meeting. The need for any late addition to the agenda shall be substantiated in writing and presented to the Board at the time of the request for discussion and action. Section 8 - The Board shall encourage whenever possible, members of the public to attend Service Authority Board meetings and to participate in the discussion of Agenda items. The Chair- shall request public input on each item listed on the agenda prior to the Service Authority Board taking action on that item. Members of the public who desire to address the Service Authority Board on items not posted on the agenda will be allowed to do 'so after the Service Authority Board has finished discussing, and if necessary, taking action on items which were listed on the agenda. Section 9 - Members of the Service Authority Board may not engage in inter -Board discussion of items not listed on the agenda, but may briefly respond to statements made or questions posed. On their own initiative or in response to questions posed, Service Authority Board members may ask questions for clarification, provide a reference to staff or other resources for factual information, or request staff to report back at a subsequent meeting. ARTICLE VII - EXPENSES Section 1 - Members of the Service Authority Board are eligible for reimbursement of transportation expenses at the rate per mile authorized to County Employees and Officials. In order to receive the reimbursement, Service Authority Board Members must submit their claims to the Butte County DDS staff and show proof of valid insurance coverage, per current County standards. Section 2 - Expenses not related to travel to and from regular or special meetings of the Service Authority Board must be approved in advance by the Director of DDS. Section 3 - Expense claims will be validated by Butte County DDS staff and forwarded to the Chief Administrative Office for authorization to be charged against the Butte County DDS Budget. ARTICLE VIII - AMENDMENTS Section 1: These by-laws may be amended by a four-fifths vote 'of the Service Authority Board after " a proposal has been submitted in writing to the Chair, who shall notify each member'ofthe proposed amendment not less than five (5) days before the date of the meeting at which the amendment will . be voted upon. ARTICLE IX - RULES OF ORDER No specific rules of order are adopted. The Service Authority Board shall operate by consensus. If consensus cannot be achieved, reference may be made to Roberts Rules of Order for assistance in resolution of procedural issues. In the alternative, the Service Authority may'adopt specific rules of procedure•for, its meetings by a four-fifths vote of the Service Authority Board.' . Approved'by the Butte County. Abandoned Vehicle Abatement Service Authority Board By: Chair ATTEST' Yvonne Christopher, Director of Development Services and Secretary to the Service Authority Board By: g:document\AVA bylaws 4 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"d quarter of the calendar year and any adjustments in in allocations to members of the Authority will be made in the 1St quarter of the fiscal year. 1 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. C. - 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 26,5.00 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. D. 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. 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. F. .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. 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 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. i a ion. 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 timeline 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. Authoritymembers 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. Itis the intent of the abandoned vehicle abatement participants to recover the cost of abandoned vehicle abatement activities from the Service Authority. 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. 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. 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. (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 R in the State Transportation Fund. 2. Maior 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. , REPORTING REOUIREMENTS. 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 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 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 serviceauthority 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 CONTRACTUAL SERVICES AGREEMENT Between the Butte County Abandoned Vehicle. Abatement Service Authority and the County of Butte WHEREAS, the Butte County Abandoned Vehicle Abatement Service Authority (hereinafter referred to as "Authority") has been established pursuant to Section 22710 of the Vehicle Code, as an independent agency, with the power to appoint and contract for staff and support services as : necessary to carryout their functions; and WHEREAS, Section 22710 of the Vehicle Code requires that the Authority be .staffed by existing personnel of the city, county, or county transportation commission; and WHEREAS; the County of Butte (hereinafter referred to as "County") is able to provide staff services to the Authority, with existing personnel from the Butte County Department of Development Services and related support services provided by County departments; and WHEREAS, the Authority is in need of a chief of staff (hereinafter referred to as ASecretary@) to provide administrative support to the Authority; and WHEREAS, the County is able to contract with a certified public accountant to perfonn an annual audit of the Authority in order to ensure that funds are being spent in compliance with Sections 9250.7 and 22710 of the Vehicle Code; NOW THEREFORE, Authority and County agree to the following terms and. conditions under which Authority will contract with the County to provide staff, auditing arid' support services: . ARTICLE 1 TERM Term of Agreement. The term of this Agreement shall commence on January 1, 2003, and shall terminate on thirty (30) days written notice by either party. ARTICLE 2 AUTHORITY OPERATION Section 2.1 Staffing. (1) The Butte County Director of Development Services shall serve as the Secretary to the Authority; (2) Staffing, hiring, and the duties of each staff member shall be established at the sole 1 41 discretion of the Butte County Director of Development Services.. All actions and determinations of the Butte County Director of Development Services and the County of Butte pursuant to this Section, shall be made and implemented in a manner consistent with the personnel rules, practices and procedures of the County of Butte and all applicable laws. Section 2.2 Consideration. (1) The Authority shall, deduct from funds .received from the Abandoned Vehicle Abatement Program and, transmit to the County such funds as are necessary to pay for the costs of County to provide a certified public accountant to conduct an annual audit to ensure that funds are being spent in compliance with Sections 9250.7 and 22710 of the Vehicle Code. (2) The Authority shall deduct from funds received from the Abandoned Vehicle Abatement. Program and transmit to the County, an amount equal to five percent (5%) of the Authority=s total funds received to reimburse costs for staff and administrative- services dministrativeservices provided to -the Authority. ARTICLE 3 OBLIGATIONS OF THE COUNTY Section 3.1 Other Support Services. County agrees to provide support services as defined in Appendix A. Section 3.1 Service Cost Determination. Not later than April 15`h prior to the beginning of a fiscal year, the Secretary shall notify Authority of the proposed estimated cost to provide service for the next fiscal year. ARTICLE 4 GENERAL PROVISIONS Section 4.1' Construction. The parties understand and agree that, unless expressly stated herein, nothing in this agreement is intended to bind the legislative discretion of either agency. Section 4.2 - Severability. Any provisions of this agreement which are proved to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. Section 4.3 Notices. Any and all notices or other communications required or permitted by this agreement or by law to be served on .or given to either party by the other party to this agreement shall be in writing and shall be deemed duly served when personally delivered io the officer designated 2 below, or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid and addressed to the designated party and address listed below each party's signature. Section 4.4 - Modifications. Any modification of this will be effective only if it is in writing and signed by the party to be charged. Section 4.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Section 4.6 Entire Agreement. This instrument contains the entire agreement between the parties and shall supersede any previous agreements between the parties. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by the parties. DATED: 52002 THE COUNTY OF BUTTE Chair, Board of Supervisors Designated Officer for Service of Notice: Chief Administrative Officer Address for Service of Notice: Butte County. Administration Bldg 25 County Center Dr. Oroville, CA 95965 DATED: , 2002 3. BUTTE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY Chair or authorized signatory Designated Officer for Service of Notice: Address for Service of Notice: 1 ,Butte County Director of Development, ,Services - 7 County. Center Drive Oroville, CA 95965 Exhibit A Support' Services In providing these -contractual services for Authority, the County will follow all appropriate governmental standard's and procedures. The departments identified in this agreement will provide professional services to Authority on an Aas needed@ basis and, iii the same manner as provided to County Departments. Costs for services provided by support_ services departments and Internal Services Funds will not be charged to Authority in the same "manner as County Departments. The cost recovery for the annual audit and the overhead charge equal to 5% of program funds will be the only charges "for services provided by the County. 1. Support Services Departments include the Auditor -Controller, 'Treasurer, Personnel, Purchasing, County Counsel, General Services and Administration. 2. Internal. Service Funds include the Mail> Room,- Courier Service and Central Stores, Information Systems, Communications (including connection to County Centrex and voice mail), Print Shop, Worker=s Compensation Insurance, and General Insurance. 3. The County Auditor shall collect funds due to Authority from the State of California as authorized by Vehicle Code sections 9250.7 and 22710 and hold funds and transfer funds on behalf of Authority and provide timely financial reporting to Authority of account transactions and balances. 4. Authority shall have the right to use County meeting rooms for Authority Meetings, subject to availability. 5. Authority shall have reasonable access_ to County files and information as necessary for Authority functions. gAcontract\ava staff and audit agreement 4 AGREEMENT BETWEEN THE COUNTY OF BUTTE AND, BUTTE COUNTY ABANDONED VEHICLE ABATEMEMENT SERVICE AUTHORITY INTRODUCTION This agreement is made and entered into this day of , 2002; by and " between the County of Butte (hereinafter referred to as "County") located at 25 County Center . Drive, Oroville, CA 95965, and the Butte County Abandoned Vehicle Abatement Service Authority (hereinafter referred to as "Authority"); located at 7 County Center Drive, Oroville, CA 95965. WHEREAS, the Authority is established pursuant to Section 22710 of the -Vehicle Code, and WHEREAS, the Authority is authorized to enter into agreements with the County of Butte to provide for the appropriate administration of the vehicle abatement program. NOW, THEREFORE, in consideration of the mutual"promises, covenants, terms, and conditions hereinafter contained, the parties hereby agree as follows: TERMS AND CONDITIONS 1. SCOPE OF WORK: 1.1. The County shall provide work and administration related to the vehicle abatement program pursuant to Section 22710 of the Vehicle Code, of Butte County Code, Chapter 14, Article XII, and the Butte County Abandoned Vehicle Abatement Service Authority Program Plan. 1.2. Services and work provided by the County under this Agreement shall be performed in a timely manner consistent with all. applicable federal, state, and County laws, ordinances, regulations, and resolutions. 2. TERM: 2.1.The term of this Agreement shall commence on January 1, 2003, and shall terminate,on thirty (30). days written notice by either party. 3. CONSIDERATION: 3.1..Funds received from the Abandoned Vehicle Abatement Program shall be distributed as approved by the Authority's Board: of Directors. 3.2. County shall maintain and submit to the Authority a quarterly status report indicating the services and work provided pursuant to the terms of this Agreement on forms provided by the Authority. 3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement Program such -funds as are necessary to pay for the costs of audits, staff and administration of the Authority. Audit, staff and administrative costs will be reviewed annually by the Authority's Board of Directors and may be adjusted -as necessary. Such adjustments shall be approved by the Authority's Board of Directors. 3.4. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed quarterly as set forth in the Butte County Abandoned Vehicle Abatement Service Authority's Program Plan. 3.5. If a member agency provides vehicle abatement services for another member agency pursuant to a written agreement, the funds allocated for the agency receiving the services N shall be paid directly to the agency providing the services, unless the providing agency is otherwise compensated for providing such services. 3.6. The Authority shall have no responsibility to pay any amount in excess of the funds received from the Abandoned Vehicle Abatement Program fund. 4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC. -- 4. 1. TC::4.1. County shall provide its own office space, supplies, equipment, vehicles, reference materials, and telephone services as necessary for County to provide the services identified in this Agreement, provided however, that the cost may be a reimbursable expense if approved by the Authority's'Board of Directors and in accordance with reimbursement policies approved by the Board. 5. COUNTY PROPERTY: 5.1. Products of County's Work and Services.. Any and all compositions, publications, field notes, plans, designs, specifications, maps, formulas, processes, photographs, slides, video tapes, computer programs, computer disks, computer tapes, memory chips, soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests, studies, inventions; patents, trademarks, copyrights, or intellectual properties of any kind which are created, produced, assembled, compiled by, or are the result, product, or manifestation of, County's services or work under this Agreement are,'and at the termination of this Agreement remain, the sole and exclusive property of the County. 6. WORKER'S COMPENSATION: 6.1.County shall provide worker's compensation insurance coverage, in the legally'required amount, for all County employees utilized in providing work and services pursuant to this 3 Agreement.. By executing this Agreement, County acknowledges its obligations and responsibilities to its employees under. the California Labor Code. 7. INSURANCE: 7.1.General Liability and Auto Liability. County shall maintain during the entire term of this Agreement self-insurance in the amount of one million dollars ($1,000,000) which covers any negligent work and services performed by County -under this Agreement. 7.2. Cancellation. Said insurance will not be terminated, modified, or canceled without thirty (30) days written notice to the Authority. 8. STATUS .OF COUNTY: 8.1. All acts of County, its agents, officers, and employees, relating to the performance of this Agreement, are performed as -an independent contractor and are not performed as agents, officers, or employees of the Authority. As anindependent contractor: 8.1.1. County shall determine the method, details, and means of performing the work and services to be provided under this Agreement. 8.1.2. County shall be responsible to the Authority only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subjected to the Authority's control with respect to the physical action or activities of the County in fulfillment of this Agreement. 9. INDEMNIFICATION: 9.2 To the extent permitted by law, County shall indemnify, defend, and hold harmless the Authority, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of County, its officers, or employees. To the extent permitted by law, the Authority shall indemnify, defend, and hold Harmless the County, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs; including litigation costs and. attorney's fees, arising out of,. or resulting from, the active negligence or wrongful, actsof the Authority, its officers, or employees. 10. RECORDS AND AUDIT: 10.1. County shall prepare and maintain all records prepared in connection with the services provided under the various provisions of this Agreement. 10.2. Any authorized representative of the Authority shall have, access to any books, documents, papers, records, including, but not limited to, financial_ records of County, which the Authority determines :to be pertinent to this Agreement, for the purposes of making audit, evaluation, examination, excerpts, and transcripts. Further,` ,the Authority has the right, at all reasonable times, to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement. 11. NONDISCRIMINATION: 11.1. During the performance of this Agreement, County, its agents, officers, and employees shall not discriminate in violation of any federal, state, or local law, against any employee or applicant for employment, or person receiving services under this Agreement, because of race, religion, color, national origin, ancestry, physical handicap, medical condition,. marital status, age, or sex. 5 12. TERMINATION: 12.1. This Agreement may be terminated by either party without cause, for any reason,. upon thirty (30) days prior written notice of such intent to cancel. 13. SEVERABILITY: 13.1:.If any portion of this Agreement or application thereof to any person or circumstances shall be declared invalid by a court of competent. jurisdiction, or if it is found in contravention, of any federal, state, or County statute,'ordinance, or regulation, the remaining provisions of this Agreement,'.or the application thereof, shall not be invalidated thereby,. and, shall remain in full force and effect to the extent that the provisions of this Agreement•are severable. 14. AMENDMENT: 14.,1. This. Agreement may be modified, amended,'changed,, added to, or subtracted from, by the mutual consent of the parties hereto, if such amendment or change' is in . written form and, executed with the same formalities as this Agreement, and attached to the original Agreement 'to maintain continuity: 15. NOTICE: 15.1. Any notice, communication, amendments, additions, or deletions to this Agreement, including any change of address of either party during the terms of this Agreement, which the Authority or the County shall be required, or may desire, to make, shall be" in writing and may be personally served, or sent by prepaid first class mail to, the respective parties as follows: County: Butte County Chief Administrative Officer .25 County Center Drive Oroville, .CA 95965 6 Authority: Butte County AVA Service Authority C/o Development Services Department 7 County Center Drive Oroville, CA 95965 16. ENTIRE AGREEMENT: 16.1. This Agreement contains the entire agreement of the parties, and no representations; inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless the same be in writing executed by the parties hereto. IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS DAY OF , 2002. COUNTY OF BUTTE: SERVICE AUTHORITY: By: Curt Josiassen, Chairman Board of Supervisors, County Of Butte, State of California ATTEST: Paul E. McIntosh Clerk of the Board of Supervisors Of the County of Butte, State of California By: APPROVED AS TO FORM: Bruce Alpert, County Counsel By: Wcontract\vehicle Agreement 7. By: Chairman, Board of Directors Butte County Abandoned Vehicle• Abatement Service Authority AGREEMENT BETWEEN THE CITY OF AND BUTTE COUNTY ABANDONED VEHICLE ABATEMEMENT SERVICE AUTHORITY INTRODUCTION This agreement is made and entered into this day of , 2002, by and between the City of .(hereinafter referred to as "City") located at and the Butte County Abandoned Vehicle Abatement , Service Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville, CA 95965. WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code, and , WHEREAS, the Authority is authorized to enter into agreements with the City of to provide for.the appropriate administration of the vehicle abatement program. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions hereinafter contained, the parties'hereby agree as follows: TERMS AND CONDITIONS 1. SCOPE OF WORK: 1.1. The City shall provide work and administration related to the vehicle abatement program pursuant to Section 22716, of the Vehicle Code, of Butte County Code, Chapter 14, Article XII, and the Butte County Abandoned Vehicle Abatement Service Authority Program Plan. 1.2. Services and work provided by the City under this Agreement shall be performed in a timely manner consistent�with all applicable federal, state, County and City laws, ordinances, regulations, and resolutions. 2. TERM. 2.1".The term of this Agreement shall commence on January 1, 2003, and shall terminate on, thirty (30) days written notice by either party. 3. CONSIDERATION: 3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as approved by the Authority's Board of Directors. 3.2. City shall maintain and submit to the Authority a quarterly status report indicating the services and work,provided pursuant to the: terms of this Agreement on forms provided by the Authority. - 3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement, Program such funds as are necessary to pay for the costs of audits, staff and administration of the Authority. Audit, staff and administrative costs will be reviewed annually by the Authority's Board of Directors and may be adjusted as necessary. Such adjustments shall be approved by the Authority's Board of Directors. 3.4. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed quarterly as set forth in the Butte County Abandoned Vehicle Abatement Service Authority's Program Plan. 3.5. If a member agency provides vehicle abatement services for another member agency pursuant to a written agreement, the funds allocated -for the agency,receiving the services t shall be paid directly to the agency providing the services, unless the providing agency is otherwise compensated for providing such services. 3.6. The Authority shall have no responsibility to pay any amount in excess of the funds received from the Abandoned Vehicle Abatement Program fund. . 4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.: 4.1. City shall provide its own office space, supplies,. equipment, vehicles, reference materials, and telephone services as necessary for City to provide the services identified in this Agreement, provided however, that the cost may be a reimbursable expense 'if approved by the Authority's Board of Directors and in accordance with reimbursement policies approved by the Board: 5. CITY PROPERTY: . 5.1. Products of City's Work and Services: Any and all compositions, publications, field notes, plans, designs, specifications, maps, formulas, processes, photographs, slides, video tapes,:coinputer programs, computer disks, computer tapes, memory chips, soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests, studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind which are created, produced, assembled, compiled by, or are the result, product, or manifestation of, City's services or work under this Agreement are, and at the termination of this Agreement remain, the sole and exclusive property of the City. 6. WORKER'S COMPENSATION: 6.1.City shall provide worker's compensation insurance, coverage, in the legally required amount, for all Cityemployees utilized in providing work and services pursuant to this 3 Agreement. By executing this. Agreement, City acknowledges its obligations and' responsibilities to its employees under the California Labor Code. 7. 'INSURANCE: 7.1.General Liability and Auto Liability. City shall maintain during'the entire term of this ,Agreement self-insurance in•the amount of one million dollars ($1,000,000). which covers any negligent work and services performed by,Cityunder this.Agreement. 7.2. Cancellation. Said insurance will not be terminated, modified, or canceled without thirty (3 0) days. written notice to the Authority. 8. STATUS OF CITY:. 8.1: All acts of City, its agents, officers, and employees, relating to the performance of this Agreement, are performed as an independent contractor and are not performed as agents, officers, or employees of the Authority. As an independent contractor: 8.1.1. City shall determine the method, details, and means of performing the work and . services to be provided under this Agreement. 8.1.2. City shall be responsible to the Authority only for the requirements. and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subjected to the Authority's control with respect to the physical action or activities of the City in fulfillment of this Agreement. 9. INDEMNIFICATION: 9.2. To the extent permitted by law', City shall indemnify, defend, and hold harmless the Authority, its agents, officers, and employees from and against all claims, damages, losses, judgments; liabilities, expenses, and other costs, including litigation'costs and 4 attorney's .fees, arising out of, or resulting from, the active, negligence or wrongful acts of city"its officers, or. employees. To the extent permitted by law, the Authority shall indemnify, defend, and hold harmless the. City, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities; expenses, and other costs, including litigation costs and attorney's fees, arising out of, or resulting from, the' active negligence'or wrongful acts of the Authority, its officers; or employees. 10. RECORDS AND AUDIT: 10.1. City shall prepare and maintain all records prepared in connection with the services provided under the various provisions of this Agreement. 10.2. Any authorized representative of the Authority shall have access to any books, documents, papers, records, including, but not limited to, financial records of City, . which the Authority determines to be pertinent to this Agreement, for the purposes of making audit, evaluation, examination, excerpts; and transcripts. Further, the Authority has the right; at all reasonable times, to audit, inspect, .or otherwise evaluate the work performed or being performed under this Agreement. •1.1. NONDISCRIMINATION: 11.1: During the performance of this Agreement, City, its agents, officers, and employees shall not discriminate in violatiori of any federal, state, or local law, against any employee or applicant for employment, or person receiving services under this'. 4 . Agreement, because of race, religion, color, national origin, ancestry; physical handicap, medical condition, marital status, age, .or sex. 12. TERMINATION: 12.1.' This Agreement may-be'terminated by either party without cause, for any reason, upon thirty (30) days prior written notice of such intent to cancel. 13. SEVERABILITY: 13.1. If any portion of this Agreement or application thereof to any person or circumstances shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, County or City statute, ordinance, -or regulation, the remaining provisions of this Agreement, or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are -severable. 1.4.. AMENDMENT: 14.1. 'This Agreement maybe modified, amended, changed, added to, or, subtracted from, by the mutual consent of the parties Hereto, if such amendment or change is in' written form and executed with the same formalities as this Agreement,: and attached to the original Agreement -to maintain continuity. 15. NOTICE: 15J. Any notice, communication, am endments; additions, or..deletions.to this. Agreement, including any change of address of either party during the terms of this. Agreement, . which the Authority.or the. City shall be required, or may desire, to make, •shalLbe in writing and may be personally served, or sent by prepaid first class mail to, the respective parties as follows: City: 6 Authority: Butte County AVA Service Authority C/o Development Services Department 7 County Center Drive Oroville, CA 95965 16. ENTIRE AGREEMENT: 16.1. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless the same be in writing executed by the parties hereto. IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS DAY OF , 2002. CITY OF SERVICE AUTHORITY: By: Mayor City Council, City Of State of California ATTEST: City Clerk Of the City of , State of California an APPROVED AS TO FORM: City Attorney By: G:\contract\vehicle Agreement -city 7 By: Chairman, Board of Directors Butte County Abandoned Vehicle Abatement Service Authority Horn, Dolores. Fedm: MacKenzie; Robert Sent: `Tuesday, September'24* 2002:3:00 PM To: Horn, Dolores' Subject. AVA Service:Autliority Agenda Backup Packet Documents AVA bylaw�sdoc AVA bylavis.wpd Attached are the above backu documents in both,Word and Word f'erfeyct~formats. a vehicle Plan.doc vehicle Plan.wpd AVA Staff and Audit AVA Stan and Aud t� a vehicle AgreementAM vehicle ag eementwpd ° Agreement ... Agreement .. - _ z vehicle vehicle •' Agreement-city,doc agreerrient•city.wpA F• e documents tots V� Robert MacKenzie, .• Butte County Counsel, (530) 538-7621.. - ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE LL CONFIDENTIALITY NOTICE This e-mail transmission' and any documents�or messages attac ed to,it; may contoim confidential information that is legally privileged. If you are not the m ended recipient, son responsible for delivering" M '. this e-mail to the intended recipient,,then you are otified that any,i isclol Sure co g distribution saving,. reading or use"of this information.ls strictly prohibited, (2) requestecJ todscacd and delete thfs e,maflrand.any,attachments; and (3) requested to immediately notify us•by a-mail that.you mistakmy received.this messuge�(count�ycounsel@buttecounty net);;fax (530) 538-' 6891, or telephone (530)538-762Y: Thank �x m J\' `i � Y .. - • . - Vit. .. - - - Horn, Dolores From: MacKenzie, Robert ' Sent: Tuesday, September 24, 2002 3:06 PM To: Horn, Dolores ' Subject: AVA "WORD",Agenda AVA Authority agenda.wpd Thank you! Robert MacKenzie Butte County Counsel G (530) 538-7621 a - 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 mistakenly received this,message(countycounsel@buttecounty.net), fax (530) 538- , 6891, or telephone (530) 538-7621. Thank you. a t . Page 1 of 1 Horn, Dolores From: Horn, Dolores . Sent: Wednesday, Septem er 18, 2002 10:50.AM To: 'fhall@gridley.ca.us mcgreehan@townofparadise.com lando@ci.chico.ca.us' Subject: AVA Service Authority Good Morning. Yvonne Christopher, Director of Butte County Department of Development Services, asked .me to schedule a meeting regarding AVA.Service Authority. I am looking at Thursday, September 26th, from 1:00 p.m.'to 2:00 p.m. in the conference room located at 3-A County Center Drive. If this date and time is not good, please let me know of an alternate day and time. .The attendees will be: AviIliam Theback, Council member from Biggs /Gary' Davidson, Council member from. Gridley Frank Hall, Mayor Pro Tem for Gridley Robert Zollner, Code Enforcement Officer from Oroville VU0 /AI McGreehan, Community Development Director and Planning Director from Paradise V Tom Lando, City Manager, Chico / Paul McIntosh, Chief Administrative Officer for Butte County v✓ Yvonne Christopher; Director, Butte County Department of Development Services JRob MacKenzie, County Counsel / Michael Vieira, Department of Development Services J Veborah DeBrunner, Department of Development Services) If you have additional questions, please contact meat (530) 538-7604. Thank you. Dolores Horn Secretary i Butte County Department of Development Services Phone: (530) 538-7604 9/18/02 Horn, Dolores - ¢ From. Christopher, Yvonne'- Sent: Tuesday; September.l7, 2002 5:45 PW' To: Horn, Dolores s - Cc: DeBrunner, Deborah; Vieira, Mike - Subject: RE: FW: AVA Service Authority 4 �w We will be creating..an inclusive contact•_list and`be scheduling a meeting the last week,`of'•, Sept. The meeting should.be all of the following names and also include Paul, Rob McKenzie, Michael, Deborah and me. 'Go ahead and get it scheduled-now, even though-it is.dependent on-bhe:Tuesday. Board meeting and appointment'of Paul. �4 - Thanks, - h Yvonne ----- Original,:Message----- • From: Horn, .Dolores• + Sent: Monday, Septe`mber•16, 2002 331 PM To: Christopher, Yvonne x•..�� 4 Subject: FW: FW:'AVA Servic uthority Yvonne, • Below is the'contaVM�Vnkmation you reLqu ; et me know if you.need additional information. r` BIGGS'O William TheYiack Councilmember ffice: 868-5493S- No a-mil S a. (gyp✓ �t �4t' c -� `�%Vi. • `- C<���) U.�•�� `�c�p Q � .fib Z� • • ,V� GRIDLEY OI (ji,. ��° ! ..' ` • $.b U Gary Davidso' V� d Councilm E-ma' ,gdavidson@gridley.ca.us ; 0 ce: ;846-3631 - ax: 846-3229 CIO �ankHal (alternate) ayor Pro Tem,. �1 -mail: ,fhall@gridley.ca.us �\ n' C Office: 846=3632 Fax: 846-3229 ' obert.Zollne t - �'•�p ode Enforcement Officer ffice : 538-2435 kq /%�'v�/ ✓� 'G�� 1 ll� I� . No e-mail PARADISEJX I a3 ..• " _ f McGreeh�evelopment Director and Planning Directo E-mail: amcgreehan@townofparadise.,com Office: 872-62 91 ^ S�sS s k. CHICO „1) Qn nU �. Ju��� Tom L�anage\r 015�� P' �iU`��`/ n i y . Com' � E-mail: tlando@ci.chico.ca.us1� Office: 895-4803 . L�COUNTY Cjvrj� alC-� u Chief Administration Officertt E. -mail: pmcintosh@buttecounty.net Office: 538-i224- - 38-7224- -----Original Message ----- From: Christopher, Yvonne Sent': Monday, September 16-, 2002 1:35 PM \ , To:.DeBrunner, Deborah; Vieira, Mike; Horn, Dolores Subject FW: FW: AVA Service Authority Please read the attached e-mail. Dolores, please find the additional contact numbers and then I will let you know when we will schedule the meeting. Thanks, Y (iC� -----Original Message ----- From: FD6724@aol.com [mailto:FD6724@aol.com] , Sent: Thursday, September 12, 2002 12:51 PM To: YChristopher@ButteCounty.net .Cc: cmann@buttecounty.net; rmackenzie@buttecounty.net Subject: Re: FW: AVA Service Authority. Yvonne: Here is the list.of members of the Service Authority:, Biggs William Theback Gridley Gary Davidson/Frank Hall (alternate) Oroville Robert Zollner (Code Enforcement.Officer) Paradise AL McGreehan (Director of Development Services). Chico Tom Lando (City Manager). Butte County Paul McIntosh (CAO to be appointed by B/5--9/24/02) You might want to get somebody to get,the titles of the members from Biggs and Gridley (I believe they are existing Council Members) and their contact numbers, e -mail -etc. 2 BUTTE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY BYLAWS ARTICLE I - NAME The name of this authority shall be the Butte County Abandoned Vehicle Abatement Service Authority. It will be referred to elsewhere in these bylaws as the "Service Authority". The Board of Directors of the Service Authority shall be known and referred to elsewhere in these bylaws as the "Service Authority Board". ARTICLE H - PURPOSE The purpose of the Service Authority is to implement a Butte County Abandoned Vehicle Abatement Program (hereinafter, the "Program") and serve as the administrative and legislative body in charge of that Program. ARTICLE III - RESPONSIBILITIES The Service Authority Board shall approve a Program and submit it to the California Highway Patrol for approval. Thereafter, the Service Authority Board meetings shall provide a forum for the discussion of abandoned vehicle abatements conducted pursuant to the Program within Butte County. The Service Authority Board shall apportion and disburse funds to each Service Authority member in compliance with Vehicle Code Section 22710. The Service Authority Board shall periodically prepare and transmit Program recommendations to the legislative bodies of Service Authority members. The Service. Authority Board shall also monitor compliance by Service Authority members with State law requirements relevant to the Program; conduct and report the results of any survey, study or analysis pertaining to the Program; manage the financial affairs of the Service Authority and modify and/or approve reports to the State of California. ARTICLE IV - MEMBERSHIP = BOARD OF DIRECTORS Section 1 - Each member of the Service Authority shall appoint one -director to the Service Authority Board. Section 2 - Each of the directors shall serve at the pleasure of the legislative body of the member which appointed him or her. Section 3 - If authorized by the legislative body, each director may appoint an alternate director to represent the regular director in board business, and to vote on all matters when the regular director is not in attendance at Board meetings. Provided, however, alternate directors shall not be eligible to serve as an officer of the Service Authority. Alternate directors shall be designated in a signed written instrument which shall be kept on file in the office of the Butte County Department of Development Services. Alternate directors shall serve at the pleasure of the appointing director, and any vacancy may be filled by appointment of the regular director. Section 4 - A simple majority of directors or alternate directors with current appointments shall constitute a quorum for meetings of the Service Authority Board.. Article V - OFFICERS AND TERMS OF OFFICE Section 1 - The officers of the Service Authority Board shall be a Chairperson and Vice - Chairperson, to be elected by the Service Authority Board at its first meeting of each calendar year. Section 2 - An officer shall assume office immediately upon election and until his or her term expires. Section 3 - The initial terms of the directors shall be two years for half of the members of the board of directors and four years for the remaining members of the board of directors. The initial terms shall be determined by lot at the first meeting. Thereafter, all terms shall be four years. Section 4 - If the office of the Chairperson,becomes vacant, the position shall be filled for the unexpired term by the Vice -Chairperson who shall vacate the office of the Vice - Chairperson. If the office Vice -Chairperson becomes vacant, the office shall be filled by a vote.of the Service Authority Board, and the Electee shall serve for the unexpired term. If both offices become vacant, both will be filled for the unexpired term by a vote of the Service Authority Board. Section 5 - The Chairperson shall preside at all regular and special meetings of the Service Authority Board and shall appoint all committees. Section 6 - Chairperson and Vice -Chairperson Absent. In the absence of the Chairperson and Vice -Chairperson, any member of the Board of Directors may call the Service Authority to order, and a Chairperson pro tem shall be elected from the members present. Section 7 Chairperson's Responsibilities. The responsibilities of the Chairperson shall be as follows: a. Preside at all meetings of the Service Authority. b. Call special meetings of the Service Authority. c. Sign documents on behalf of the Service Authority. d. Appoint all subcommittees and nominating committees of the Service Authority: e. Direct appropriate follow through on items raised that are not listed on the Service Authority agendas and refer procedural matters to staff for action. Section 8 - Vice -Chairperson's Responsibilities. During the absence, disability or disqualification of the Chairperson, the Vice -Chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the Chairperson. Article VI - MEETINGS Section 1 - Regular meetings shall be held at least annually, or as necessary, as determined by the Chairperson. The regular location of meetings may be the Conference Room at 3-A County Center Drive, or other suitable locations of adequate size. Special meetings may be called by the Chairperson and shall be called by the Chairperson on petition of a majority of the Service Authority Board. The location of a special. meeting shall be determined by the Chairperson or by the petitioning majority of the Service Authority Board when the need of the meeting becomes known. Section 2 - Meetings shall be public and minutes shall be maintained of all meetings. Section 3 - Meetings and the conduct of Service Authority Board members shall be governed by the Ralph M. Brown Open Meeting Act, Government Code section 54950, et seq. Section 4 - Agendas for regular meetings shall be distributed to Service Authority Board members and posted for public information no later than 72 hours prior to each regular meeting. Agendas for special meetings shall be distributed to Board members and posted for public information no later than 24 hours prior to each special meeting. A majority of the members of the Service Authority Board constitute a quorum. No act of the Service Authority Board shall be valid unless a majority of that quorum concur therein. Notwithstanding the above, whenever any act of the Service Authority Board is required by statute to be approved by a majority of the members of the Service Authority, including but not limited to the approval of or substantial revisions to the Abandoned Vehicle Abatement Service Authority Program and/or Plan, such act is not valid unless approved by a majority of the members of the -Service Authority. Section 5 - Items proposed for the Service Authority Board's agenda shall be submitted to Butte County Department of Development Services (DDS) Staff no later than 2 weeks prior to each meeting. Section 6 - Agendas shall be posted in a location that is freely accessible to members of the public near the entrance to the facility where the meeting is to be held. Agendas shall also be sent to individuals who ask to be placed on the Service Authority Board's mailing list. Section 7 - The Service Authority Board may only discuss and take action on items posted on the agenda. Items or subjects not posted on the agenda maybe presented to the Service Authority Board, but the Service Authority Board may not discuss or act upon these items unless there is a determination by at least two-thirds of the Service Authority Board that the need to take action on the item arose after the agenda was posted, or that an emergency situation exists. If staff or a director had knowledge that actions would be required by the Service Authority Board, and the knowledge or need existed prior to the deadline for posting the agenda, the Service Authority Board shall not take action, but the Chairperson may refer the item for further placement on the agenda for the next regular meeting. The need for any late addition to the agenda shall be substantiated in writing and presented to the Board at the time of the request for discussion and action. Section 8 - The Board shall encourage whenever possible, members of the public to attend Service Authority Board meetings and to participate in the discussion of Agenda items. The Chairperson shall request public input on each item listed on the agenda prior to the Service Authority Board taking action on that item. Members of the public who desire to address the Service Authority Board on items not posted on the agenda will be allowed to do so after the Service Authority Board has finished discussing, and if necessary, taking action on items which were listed on the agenda. Section 9 - Members of the Service Authority Board may not engage in intra -Board discussion of items not listed on the agenda, but may briefly respond to statements made or questions posed. On their own initiative or in response to questions posed, Service Authority Board members may ask questions for clarification, provide a reference to staff or other resources for factual information, or request staff to report back at a subsequent meeting. ARTICLE VII - EXPENSES Section 1 - Members of the Service Authority Board are eligible for reimbursement of transportation expenses at the rate per mile authorized to County Employees and Officials. In order to receive the reimbursement, Service Authority Board Members must submit their claims to the Butte County DDS staff and show proof of valid insurance coverage, per current County standards. Section 2 - Expenses not related to travel to and from regular or special meetings of the Service Authority Board must be approved in advance by the Director of DDS. Section 3'- Expense claims will be validated by Butte County DDS staff and forwarded to the Chief Administrative Office for authorization to be charged against the Butte County DDS Budget. 4 ARTICLE VIII - AMENDMENTS Section 1 These by-laws may be amended by a four-fifths vote of the. Service Authority Board after a proposal has been submitted in writing to the Chairperson, who shall notify each member of the proposed amendment not less than five (5) days before the date of the meeting at which the amendment will be voted upon. ARTICLE IX - RULES OF ORDER No specific rules of order are adopted. The Service Authority Board shall operate by consensus. If consensus cannot be achieved, reference maybe made to Roberts Rules of Order for assistance in resolution of procedural issues. In the alternative, the Service Authority may adopt specific rules of procedure for its meetings by a four-fifths vote of the Service Authority Board. Approved by the Butte County Abandoned Vehicle Abatement Service A ority Board j� By Paul McIntosh, Chair- Abandoned Vehicle Abatement Service Authority ATTEST: Yvonne Christopher, Director of Development SE Secretary to the ty Board