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BOARD OF SUPERVISORS
COUNTY OF BUTt'E, STATE OF CALIFORNIA
Resolution No. 02-14~
RESOLUTION ESTABLISHING A SERVICE AUTHORITY FOR ABANDONED
VEHICLE ABATEMENT, IMPOSING A $1 VEHICLE REGISTRATION FEE,
APPROVING THE ABANDONED VEHICLE ABATEMENT PLAN, APPROVING
CONTRACTUAL SERVICES AGREEMENT FOR SERVICE AUTHORITY, AND
APPOINTING COUNTY REPRESENTATIVE TO THE SERVICE AUTHORITY
WHEREAS, Sections 9250.7 and 22710 of the Vehicle Code provide for the establishment of a
Service Authority for abandoned vehicle abatement if the Board of Supervisors of the County and a
majority of the cities within. the county having a majority of the incorporated. population. adopt
resolutions providing for the establishment of the authority; and
WHEREAS, the Board of Supervisors finds that abandoned, inoperable, wrecked, dismantled
vehicles or parts thereof pose a health and safety hazard and are public nuisances; and
WHEREAS, the Board of Supervisors finds that an Abandoned Vehicle Abatement Program is
needed to provide for the proper removal and disposal of abandoned vehicles and to assist law
enforcement and code enforcement personnel in the abatement of abandoned vehicles; and
WHEREAS, the Butte CountyAbandaned Vehicle Abatement Service Authoritywill have the
responsibility for implementing an abandoned vehicle abatement removal program in Butte County; and
WHEREAS, Vehicle Code sections 9250.7 and 22710 authorize the imposition ofaone-dollar
($1)per-vehicle registration fee on all vehicles registered in Butte County with such fees to be used to
fund abandoned vehicle abatement programs; and
WHEREAS, the Service Authority is required by the guidelines established pursuant to Vehicle
Code section 22710 to conduct annual audits of the abandoned vehicle abatement program; and
WHEREAS, subdivision (b) of Vehicle Code section 22710 requires that the Service Authority
be staffed by existing personnel. from the county or a city.
NOW, THEREFORE, BE IT RESOLVED, that the Chief Administrative Officer is
authorized to execute the Joint Powers Agreement for the forn~ation of the Butte County Abandoned
Vehicle Abatement Service Authority, a copy of which is attached hereto.
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BE IT FURTHER RESOLVED, that the Chief Administrative CJfficer is authorized to
execute an agreement with the Service Authority whereby the County agrees to provide abandoned
vehicle abatement services within the unincorporated portion of the County.
BE IT FURTHER RESOLVED, that the Chief Administrative Officer is authorized to
execute an agreement with the Service Authority to provide staff, auditing and support services to the
Service Authority.
BE IT FURTHER RESOLVED, that the Board of Supervisors approves the Abandoned
Vehicle Abatement Plan of the Butte County Abandoned Vehicle Abatement Service Authority and
the imposition of cone-dollar ($1.00) vehicle registration fee. The fee imposed by the Service
Authority shall remain in effect only for a period often years from the inception of the date that the
actual collection of the fee commences, unless otherwise extended in accordance with law.
BE IT FURTHER RESOLVED, that the Butte County Board of Supervisors is to appoint
one representative and one alternate representative to the Butte County Abandoned Vehicle
Abatement Service Authority.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 27`" day of
August 2002 by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None _
T JOSIASSF.N, Chair
`~~.Bo d of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
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~TOIi~T PO~~RS AGR~~~I~1\TT
BU`T'TE COUN'T`Y ABA1~?DO1tiiF,D VEHICLE
ABATEMENT SERVICE AUTHORITY
1. PARTIES:
The parties to this Agreement are the County of Butte, and those cities
within the County that have elected to create and participate in the Butte
County Abandoned Vehicle Abatement Service Authority as provided
herein.
?. PURPOSE Ai~D AUTHORITY:
The purpose of this Agreement is to establish a Service Authority for the
abatement of abandoned vehicles in Butte County pursuant to Section
~~710 of the California Vehicle Code (VC).
3. CREATIO:ti
Upon the effective date of this Agreement, there is hereby created, the
Butte County Abandoned Vehicle Abatement Service Authority as a
separate public entity and distinct from the member jurisdictions to
implement this agreement in accordance with Section 2710 VC.
'I. MEMBERSHIP TAI THE AUTHORITY:
Membership in the Sei-~riee Authority will be open to all cities that, by an
approved resolution of their city council, agree to participate in the
Service Authority. In addition, the County of Butte shall be entitled to
membership, also by an approved resolution of its Board of Supervisors.
5. BOARD OF DIRECTORS:
a. The Service Authority shall be governed by a board of directors. 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.
10!3012002
b. The duties of the board of directors will include, but are not limited t,o:
preparing and recommending to the County Board of Supervisors and city
councils action regarding the Abandoned ~~ehicle Abatement Program;
preparing and submitting a Service Plan to the State of California,
Califol-~iia Highway Patrol (CHP); conducting and reporting the results of
any survey, study or analysis pertaining t.o the Program; managii~ig the.
financial affairs of the Service Authority; modifying andlor approving
quarterly and annual reports to the CHP; and disbursement of funds.
c. The Service Authority's board of directors shall consist of a
representative of each participating jurisdiction. The County
representative shall be appointed by, and serve at the pleasure of, the
Board of Supervisors. City representatives appointed to the board shall
be selected by, and serve at the pleasure of, an appointing authority to be
detern7ined by each city. Each jurisdiction may appoint an alternate to
attend and act on behalf of that jurisdiction.
6. ~'OTI~'G RIUHTS:
Each member of the Service Authority shall be entitled t,o one vote in
forming the Serniee Authority and selecting the board of directors.
7. PO~~~RS A1~ID DUTIES:
a. Contracts and Acts: Pursuant to Section 22710(b) VC, the Service Authority may
contract and may undertake any act convenient or necessary to carry out any law
relating to the Service Authority.
b. Ordinance: Each member jurisdiction of the Service Authority shall
certify that its local ordinances comply with Sections ~~660 a1~id ~26~1
VC for the abatement, removal, and disposal, as public nuisances, of
abandoned, wrecked, dismantled, or inoperative ~~ehicles or parts thereof,
from private or public property. Additionally, local ordinances may
include a system for the recovery of expended funds pursuant to Section
2~710(c)(1} ~'G and 258-5 or 38773.5 of the Government Cody (GC).
e. Plan: Pursuant to Section ~~710(d) VC, an Abandoned ~~ehiele
Abatement Plan of a Service Authority shall be implemented only with
the approval of the County of Butte and a n~iajority of the cities having a
majority of the incorporated population. The Plan shall be consistent
with guidelines prepared by the CHP.
d. Restriction: The manner of e?~ercising powers granted the Service
Authority by this Agreement shall be subject to the same restrictions as
~oi~o!2o~e imposed upon the County of Butte in its e~ereise of similar powers.
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Pursuant to Section ~25~.'7 VC, the Service Authority hereby imposes an
annual service fee of one dollar (~1) on vehicles on vehicles registered to
an owner «>ith an address in Butte County, including the incorporated
cities, provided the Abandoned Vehicle Abatement Plan, referred to in
Section VII.e above, is approved by the County and a majority of the
cities having a majority of the incorporated population in compliance with
Section 2~710(d) VC.
9. MEETII~IGS:
The Service Authority and the board. of directors shall meet at least
annually to carr5r out the purpose and duties of the Service Authority. loo
meeting shall be conducted with less than a majority of all participating
members, which represents a quorum, and any votes of the Service
Authority will be by a majority of that quorum. The date, time, and
location of meetings shall be determined by the Board of Directors.
heetings, notices and agendas shall comply with the Ralph M. Brown Act
{Government Code " 5950 et seq.). The Service Authority may adopt
rules of procedure for its meetings.
10. OFFTCERS:
Selection: The officers of the Sernice Authority shall be a
Chairperson and aVice-Chairperson. The Chairpperson and Vice-
Chairperson shall be elected from among the members of the
Board of Directors at the first, meeting of the Baard of Directors, to
serve a one-year term. Thereafter, a Chairperson and Vice-
Chairpersonshall be elected az~lnually from among the members of
the Board of Directors.
Succession: The Vice-Chairperson shall succeed the Chairperson
if the Chairperson vacates the office before completion of the term
and shall serve the remainder of the unehpired term. Anew Vice-
Chairperson shall be elected at the next regular meeting.
Chaimerson and Vice-Chairperson Absent, Tn 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
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Chairperson's Responsibilities. `I he responsibilities of the
Chairperson shall be as follows:
Preside at all meetings of the Ser~~iee Authol~ty.
Call special meetings of the Service Authority.
Sign documents on behalf of the Service Authority.
Appoint all subcommittees and nominating committees of
the Service Authority.
Direct appropriate follo~T through on items raised that are
not listed on the Service Authority agendas.
~~ ice-Chairperson's Responsibilities. During the absence, disability
or disqualification of tl~e Chairperson, the Vice-Chairperson shall
e~ereise ar perform all the duties and be subject to all the
responsibilities of the Chairperson.
11. STAFF:
Pursuant to Section ~2710(b) VC, the Service Authority shall be staffed
by existing personnel from the Butte County Development Serti-iees
Department. The Butte County Director of Development Services, or
his/her designee, shall serve as the secretary to the Service Authority for
the purposes of preparing and posting notices of meetings, preparing
agendas and minutes for meetings. The I3ut.te County Department of
Development Ser~~ices shall receive quarterly reports from the
participating members of the Ser~-iee Authority and prepare and submit
all required reports from the Service Authority to the State of Califonlia.
The Authority shall contract with the Butte County Department of
De~•eloplnent SerG~ces for staff sei~c-iees.
1`'. AUDIT:
There shall be strict accountability of all Sere ice Authority funds. The
Authority shall contract with Butte County to eanduet an independent
audit for the Service Authority. F3utte County shall report all receipts and
disbursements to the Service Authority, and contract to make an annual
alxdit of the Service Authority pursuant. t.o the requirements of
Government Code ' X505. The Butte County Auditor-Cantroller shall
se1-~-e as the auditor-controller for the Service Authority.
] Oi3~l2002
13. ~rxEASUxE1z:
The Butte County Treasurer/Tax C;olleetor shall serge as the treasurer for
the Service Authority.
1'I. FUhIDS:
The funds, and all interest generated therefrom, received by d1e Service
Authority from the one dollar (`~l) registration fee shall be used and
disbursed in accordance with ~rehiele Code ` 2~710(d)(5). Population
figures used in calculating the disbursement of funds shall be those
population figures issued annually by the State Department of Finance.
Payment for administrative costs of the Authority, including auditing and
staff services, shall be made from funds received by the Authority.
Expenses for administrative services shall be deducted from any funds
received by the Authority prior to calculating the amount of funds to be
distributed to the member agencies.
15. DEBTS Al\D LIABILITIES:
The debts, liabilities, contracts and obligations of the Sen~iee Authority
shall not be the debts, liabilities, contracts and obligations of the
member jurisdictions, or any of them. I\either the Serti-ice Authority nor
its board of direet.ors shall have the power or authority to bind the County
or the cities, or any of there, to any debt, liability, contract, or obligation.
Any pai-tieipating member of the Service Authority shall defend,
ii~idemnify, save and hold harmless the Sert-ice Authority and any other
participating members from any and all claims, costs, liability for any
damages, siel~7ess, death or injury to persons or property, including
without limitation all consequential damages, fi~orn anv cause whatsoever
arising directly or indirectly from or connected with the operations or
services of that member or its agents, servants, or employees relating to
the performance of this Agreement save and except claims or litigation
arising through the negligence or willful misconduct of the Service
Audhority or its officers or employees or the officers or employees of any
other participating member, and will make good t.o and reimburse the
Service Authority or any other participating member for any expenditures,
including reasonable attorney fees, the Service Authority may make by
reason of such matters and, if requested by the Service Authority or any
other participating member, defend any such suits at the sole cost and
expense of the involved partieipatirlg member,
10/30/2002
16. AUTHORITY COSTS:
The Service Authority will contract, via this Agreement, Frith each
individual member, and may undertake actions drat are required by law
relating to the performance of duties in the removal of abandoned
vehicles from public and private property and public roadways and the
cost associated with d7ese duties. Any costs incurred in the operation of
the Service Authority must be approved by a simply majority vote of the
board of directors.
17. AMEI~IDMENT:
This Agreement may be amended upon a simple majority vote of all
member jurisdictions.
18. TERMIhIATIOI~T BY A'IEMBERS:
Subject to Section 2710 VC, this r'lgreement may be terminated by
member jurisdictions as follows:
a. Individual Member Jurisdictions: A member jurisdiction may terminate
its participation in this Agreement and the Se~~ce Authority immediately
by providing written notice t,o the County any time before the Abandoned
Vehicle Abatement Plan is approved pursuant to Section 22710(d) VC.
l~otiee to the County shall be delivered to the County Administrator,
Courthouse, Room 707, ~2~ East weber Avenue, Stockton, California
9~~0~-~77~.
b. After the Abandoi~ied Vehicle Abatement Plan has been approved, a
member jurisdiction may terminate its participation in dlis Agreement
and the Ser~~iee Audlarity by providing ~0 days' «=ritt.en notice of such
tern~ination to dle Serf-ice Authority and the other member jurisdictions.
However, termination shall not relieve a member of its duty to comply
with the Abandoned Vehicle Abatement Plan, Section X2710 VC, and the
regulations adopted pursuant thereto, this Agreement and the nzles of the
Service Authority as to any funds received from the Ser~-ice Audlorityr.
l~Iotice of t,erminatian maybe rescinded upon v~rritten notice to the Service
Authority and the other member jurisdictions at any time before the
effective date of termination.
e. ivIajority: This Agreement tnay be terminated at any tune by a simple
majority of the member jurisdictions voting to dissolve the Selviee
Authority.
10%}(?,2002
6
19. NEW MEMBER:
A jurisdiction may choose to enter into the Service Authority by giving a
Notice of Submission, which is to be in resolution form, and approved. by
a majority vote of that jurisdiction's governing council or board. This
resolution is to be received no later that April 16` by the Service Authority.
Upon approval from the CHP, distribution of funds to the new
jurisdiction will be in accordance with the rules previously approved in
this Agreement. Appropriation of the X1.00 fee will commence on July
ls` of the new fiscal year and be distributed thereafter on a quarterly basis
by the State Controller's Office.
20. TERMINATION:
The Service Authority shall cease to exist on the date that all revenues to
be received by the Sez-~-ice Authority pursuant to Sections 9250.7 and
22710(5}(a) VC, have been expended.
21. COUNTERPARTS:
This Agreement maybe executed in counterparts which, taken together,
shall constitute one and the same Agreement.
22. EFFECTIVE DATE:
This Agreement becomes effective upon its approval by the County Board
of Supervisors by two-thirds vote, and a majority of the cities having a
majority of the incorporated population within the County.
COUNTY OF BUTTE
By: _-_'
Starlyn BrovtT for
Chief Administrative Officer
Board. of Supervisors
ATTEST: Paul E. McIntosh
Clerk of the Board
By. ?
Approved as to form:
County Counsel
____ ~ ~~
y.
Bruce Alpert ___ ._ ._ _ `-
-l~p~~-County Counsel
RESOLUTION NO. D~ " 0~
Dated: ~~~,~~~ ~
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1111 /2002
Time Item No.
3.38 * Butte County Probation Department/Butte County Department of
Behavioral Health - Memorandum of Understanding - Amendment -
Board approval is requested by the Butte County Department of
Behavioral Health far an amendment to the Memorandum of
Understanding with the Probation Department for case
management and supervision services for Substance Abuse and
Crime Prevention Act clients. The amendment extends the term
of the agreement through June 30, 2003, increases the maximum
amount payable by $389,938 (department budget), and includes
revised budgets for fiscal year 2002-2003. All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
{Contract No. X13481)
3.39 * Field Tower Systems - Board approval is requested by the
Communications Division to ratify an agreement with Field
Tower Systems for the installation of new guy wires on the
radio tower located at the Chico Substation (479 E. Park
Avenue, Chico). The work was completed in June to repair the
tower which was condemned as unsafe. The Communications
Division had expected to pay for the repairs in fiscal year
2001-2002, but the invoice was not received in time, so
ratification of the agreement is needed. The repairs were
completed at a cost of $6,430.50 (department budget) - action
requested - RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13732)
3.40 * Abandoned Vehicle Abatement Service Authority - Revised Joint
Powers Authority Agreement - Board approval is requested by
County Counsel fora revised Joint Powers Authority Agreement.
The Board approved the original agreement on August 27, 2002.
Subsequent to that approval the City of Chico requested a
revision to Paragraph 6 to provide consistency with the
provision that allows each jurisdiction to select its own
representative to the Joint Powers Authority. County Counsel
concurs with this revision and requests the Board approve the
revised agreement - action requested - APPROVE REVISED
AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN; AND DIRECT THE CLERK OF THE BOARD TO SUBSTITUTE THE
REVISED AGREEMENT AS THE CORRECT ATTACHMENT TO THE RESOLUTION
APPROVED AUGUST 27, 2002.
3.41 * Williamson Properties, Inc. - Board approval is requested by
the Fire Department for a lease agreement with Williamson
Properties, Inc., for the property located at 2334 Fair
Street, Chico. The property is utilized by Station 44. The
term of the agreement is October 1, 2002, through
June 30, 2003, with a monthly lease amount of $1,800
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13785)
Page 10 September 24, 2002
September 24, 2002
02-299 39. Abandoned Vehicle Abatement Service Authority - Revised Joint
Powers Authority Agreement - Board approval is requested by
County Counsel for a revised Joint Powers Authority Agreement.
The Board approved the original agreement on August 27, 2002.
Subsequent to that approval the City of Chico requested a
revision to Paragraph 6 to provide consistency with the
provision that allows each jurisdiction to select its own
representative to the Joint Fowers Authority. County Counsel
concurs with this revision and requests the Board approve the
revised agreement - action requested - APPROVE REVISED
AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN; AND DIRECT THE CLERK OF THE BOARD TO SUBSTITUTE THE
REVISED AGREEMENT AS THE CORRECT ATTACHMENT TO THE RESOLUTION
APPROVED AUGUST 27, 2002.
40. Williamson Properties, Inc. - Board approval is requested by
the Fire Department for a lease agreement with Williamson
Properties, Inc., for the property located at 2334 Fair Street,
Chico. The property is utilized by Station 44. The term of
the agreement is October 1, 2002, through June 30, 2003, with
a monthly lease amount of $1,800 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13785)
41. City of Chico - Board approval is requested by the Library for
a revenue agreement with the City of Chico for supplemental
funding for the Chico Branch Library. The term of the
agreement is October 1, 2002, through September 30, 2003, and
provides the County with $120,000 to maintain an open-hours
schedule of 60 hours per week at the Chico Branch - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
42. Medispose - Board approval is requested by the Probation
Department for agreements with Medispose for the removal of
biomedical waste resulting from substance abuse testing. The
department is proposing three agreements which cover the
following three testing facilities: 1) 51 County Center Drive,
Oroville. The term of agreement is July 16, 2002, through
July 15, 2007, with a maximum amount payable of $2,070; 2}
2279 Del Oro Avenue, Oroville. The term of the agreement is
August 13, 2002, through August 12, 2007, with a maximum amount
payable of $4,409.60; and 3} 6555 Oleander Avenue, Chico. The
term of the agreement is August 1?, 2001, through
August 16, 2006, with a maximum amount payable of $4,409.60.
Funding for the agreements is available within the department`s
budget - action requested - APPROVE THREE (3) AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. X13747, X13789,
and X13192)
Page 399 September 24, 2002