HomeMy WebLinkAbout03-026•*1i11~i11ii1
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~t1:ARD C)F SUPE~'tVI'' ~5
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%'~": ' S ~ ;°'y.' COUNTY OF BUTTE, STATE OF CALIFCIRNIA
••i ~•'••.,......••'•• v~.~ Resolution N0. 03-026
RESOLUTION AMENDING RESOLUTION NO. 02-143, ADOPTED AUGUST 22, 2002 THAT,
AMONG OTHER MATTERS, PROVIDED FOR THE ESTABLISHMENT OF A SF,RVICF,
AUTHORITY FOR THE IMPLEMENTATION OF AN ABANDONED VEHICLE ABATEMENT
PROGRAM FOR BUTTE COUNTY AND ITS CITIES AND TOWN.
WHEREAS, said Resolution No. 02-143 authorized the ChiefAdministrative Ofticertoexecute the
Joint Powers Agreement for the formation of the Butte County Abandoned Vehicle Abatement Service
Authority; and
WHEREAS, the Calitt~rnia Highway Patrol requested a moditication tothe Joint Powers Agreement
by adding a new Section 6 to read as follows:
6. Voting Ri~,hts
"1'he County and each City and "hewn shall appoint one representative to serve on the Service
Authority's Board of Directors. Each representative appointed to serve on the Service Authority's
Board of Directors shall he entitled to one vote at Service Authority Board of Directors` meetings.
NOW, 'THEREFORE, BE IT RESOLVED that the Chief Administrative Officer is authorized to
elecute the Joint Powers Agreement for the formation ofthe Butte County Abandoned Vehicle Abatement Service
Authority, as amended, a copy to which is attached hereto.
PASSED AND ADOPTED by the Butte County Board ufSupervisors this 1 I"' day of f~ebruat}~, 2003
by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
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R.J. BEELER, Chair
Butte County Board of Supervisors
ATTES'T':
PAUL McINTOSH, Chief Administrative Officer,
and Clerk of the Board of Supervisors
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De.~uty )
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JOINT PC7-~~EI~S AGIZF,F,~~IF,1 T
I3IT~~'II;:t BI1'I`TE COLII~TTY t~ND I`I`S CITIN;S ~ TO"~I
~suTT~ caUlv'r~
BLT`I"l`E COUI~l'I'V ABANDONED ~'EHICLL>
ABII'I'E~IENT SI~;R~'ICE Ai1'I'IC)RITY
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 Bl.ltte
County Abandoned Vehicle Abatement Service Authority as provided
herein.
2. YURYOSIi, AND r'~UTHORITY:
'1'lie lnupose of this Agreement is to estL~blislr a Ser-~~iee Authority for t,lre
abatement of abandoned vehicles iri Butte County pru-suant to Section
`.~? 110 of the California Vehicle Code (~'C).
3. CRE~~TION:
Upon t.lre effective date of this Agreeinertt, there is Irereb`- created, the
Butte County Abandozled Vehicle Abatement Sci-~-iee Authority as a
separate public entittir and distiiret. from the member jurisdictions to
irTlplement. this agreement in accordance with Section ?.`~~710 VC.
~-. 1~~IE~IBI>RSIIIP IN THE AU'I~LIURPI'Z':
Membership in the Service Authority will be open to all cities that, by an
approved resolution of their city council, agree to participate in the
Selviee Authority-~. Iii addition, the County of Butte shall be entitled to
>nembership, also by a1i approved resolution of its Board of Supervisors.
1 /24/2003
5. BOAKD OF DIPEC~TOI~S:
a. The Seryiee Authority shall be govel-~led by a Board of Directors.
The initial tez7us of t.l~e directors shall be ttt~o years for half of the
tlleinbc:rs of the Board of Directors and four years for- the
retraining iuetnbers of tlie: Board of Directors. "flee initial tcniis
shall be d.eteriliitied by lot at the: first meeting. Thereafter, all
tertiis shall be four years.
b. The duties of the Board of Directors ~t~ill include, but are not
liirit.ed to: preparing azid reeolmrending to the County Board of
Strpetvisors arld city councils action regarding t.lie: Abanclotied
Vehicle Abatement. Program; preparing and submitting a Service
Plan to tl-e St~~te of California, Califoz-~iia Hightt~ay Patrol (CHI');
conducting azid reporting the results of anv survey, study or
analysis pert~~tining t.o the Prograrii; managing the financial affairs
of the Service Authority; modifying and/or approving quarterly and
anutral reports t,o the CIIP; and disbursement of fluids.
c. The Se:i~t~ice Authority's hoard of Directors sha11 coclsist of a
representative of each participating jru-isdictioii. The County
represe:titative shall t>e apix~inted by, and serve at the pleasure of,
the Board of Supervisors. City represezlt~itives appointed to the
kx~ard shall be seleete:cl by, alid serve at the pleaslu-e of, air
appoicitiiig authoriti- to k~e deteriiiiiied bar e;acli city. Iacll
jurisdiction may appoint. an alternate to attend and act on behalf of
t,hat~l127Shcetlon.
f~. VOTI1IG RIGI-ITS:
The County and each city azid tatvrl shall appoint otle represent~itive to
serve on the Service Authority's Board of Directors. Each representative
appointed to Berge ozl the Sez-~riee Authority's Board of~Dircetors shall be
entitled to one ~~ote at. Service rlutllority Board. of Dircctors' meetings.
7. P()`VF;IZS A1~D I)I1'1'II?S:
a. Cotltracts and. Aet.s: Pttrsuaiit to Seet,ioti `??71Q(b~ VC, the Service
Authority may contract a~ld tray undertake anv act convenient. or
nceessarti~ to cariti~ out. anv late relating to the Service Authority.
The authority shall be staffed by existing C%ounty personnel.
1 24 200 ~ 2
b. Ordinance: Each meutber jurisdietiott of the Setti~iee Authority
shall certify that, its local ordinances coutply tivith Sections `??6E>0
and ~~661 ~%G for the abatement, removal, acid disposal, as public.
nuisances, of abandoned, wrecked, dismantled, or inoperative:
vehicles or parts thereof, from private or public property.
Additionally, local ordinances may inchtde a system for the
recovet-~T of expended fiends pursttattt to Section ~?710(c)(1) V(
and `?585 or 3713.5 of the Government. Code (GC--).
c. Plan: Pursuant t.o Section ~'~710(d) VC, an Abandoned ~'ehiclc
Abatement Plan of a Set-price. Authority shall be itttpletuettt.eci only
with tl~te approval of the C;outtty of Butte and a majority of the
cities having a majority of the incorporated population. 'hhe Plan
shall be consistent «Tith guidelines prepared by the (;1IP.
d. lestriction: The manner of exercisitrg powers granted the Ser-~~ice
Authority by this Agreernetrt shall be subject to the sarrrc
restrictions as are itttposed upon the C~ourrty of Butte in its
exercise of similar pow=crs.
8. FI~;E:
Pursuant to Seetiorr ?50.7 y'C, t1re; Set-~~ice Authority Hereby imposes arr
atrtrual ser-~~iee fee of one dollar (~l) on vehicles on vehicles regist.creci tc~
air owner with atr address in Butte County, including the incorporated
cities, provided the Abandoned y'cliiclc Abatement flan, refer-r-ed to in
Section 7-c above, is approved by the Corurty and a ruajority of the: cities
having a majority of the incorporated population in compliance with
Section ~2710(d) ~%c.
~. ~1EETI~1GS:
The Ser-~~iee Authority acrd the Board of Directors shall meet at least
annually to carr-~r out the purpose and duties of the Service Authority. No
meeting shall be conducted with less than a majority of ~dl partieipat:irrg
members, which represents a quor-trur, and any votes of the Ser-~~iee
Authority wi11 be by a majority of that quor-~urr. The date, tittle, and
location of meetings shall be determined by the Board of Directors.
Meetings, notices gild agendas shag eorrrply tivith the P~alph M. Brown Act
(Govertinlent Code: 5~E)50 ct secl. ).The Set-~~iee. Authority ruay adopt r-tiles
of procedure for its meetings.
v?a~2oo,
a. Selection: The officers of the Service ~lrtthoi-itv shall be a
Chairperson and a ~'ice-('hai~persotl. The C;liairpe.rson acid Vice-
Chaiipersoii shall be elected ti-om among the uienibers of the
Board of Directors at the first uieetirlg of the Board of Directors, to
serve a one-vear terYil. Thereafter, a Chairperson aiid ~'iee-
Chairperson shall be elected annually from amozig the members of
the Board of Directors.
b. Sl.~eeesson: The Vice-C'hairX~ersoii shall succeed the Chairperson
if the Chairperson vacates the ol'fiee before cotupletioii of the tend
and shall serve the remainder of the unexpired term. Anew Vice-
Chaiipersoii shall be elected at the newt regular iueetiiig.
e. Chairperson and price-Cliaiipersoii Absent: In the absence of the
Chaitpersoll and Vice-Chaii-persoii, an~~ rneiuber of the Board of
Directors tna~~ call the SeYVice. AutlioritV to order, and a
Chairperson pro tens shall be elected fi-orli the members present..
d. Chaii-l>ersoii's F~esponsibilities: The responsibilities of the
Chairperson shall 1>e as fc~llcnvs:
1. Preside ~.it all meetings of the Sei-~~ice Authority.
`?. Call special ~ueetiiigs of the Service Authorit`~.
3. Sign documents on behalf of the Service rlttt.hority.
~. Appoint all subcommittees ailcl nominating eonunitt~,es of
the Service Authority.
5. Direct appropriate follow through on items raised that are
not listed on t,lie Se,ivice Autlloi-it~~ agendas.
e. During the absence, disability or disqualification of the
Chairperson, the ~'ice-C~hait-i>erson shall exercise or perform all the
duties and be subject, to all the responsibilities of the Chairperson.
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11. STAFF:
Pursttartt to Section `~? i 10{b) ~'C, the Service Authority shall be staffed
by c ~istittg per-sonnel fi-om the Butte County Deyelopntent Set-~-ices
Dcparttnent. "I"hc But.te Count- Director of De~~eloprnent Ser-~~ices, or
ltis/Iler designee, shall serve as the sc;eret<itZ~ to the Ser-~-ice Authority fcn-
the purposes of preparing and post,iug notices of meetings, preparing
agendas and minutes for meetings. The Butte Cotutty Departtttent of
Development Seri ices shall receive quarterly reports front the
participating members of the Service Authority and prepare and submit
all required repot~ts from the Service Authority to the St~'tte of California.
The Authority shall contract with the Butte County Department of
Development Ser<~ices for staff services.
'T'here shall be strict accountability of all Service Aut,ltority funds. The
Authority shall contract, with Butte County to conduct an independent
audit for the Service Authority. Butte Couuty shall report all receipts and
disburse:metlts to the Service Authority, artd contract to rnal~e an annual
audit of the Service Authority ptu-suartt to the requirernetits of
Croventrnettt Cade F~~05. 'I'lte Butte County Auditor-(.'ontrc>11E.r shall set-~~e
as the auditor-controller for the Set-c~ice Authority.
13. "1'IZIASLTIZER:
`T'he Butte Couutti Treasurer/Taa Collector shall serve as the treasurer for
the Service Authority.
1 ~. Ia CIS D5:
The funds, and all interest generated tltereli-ont, received by the Service
Authority from the one dollar (fi`~l) regist:ratiou fee. shall be used and
disbursed in aeeordar,lee with Vehicle Code ~~7I0{d}(5). Population
figures used in calculating the disbursement of funds shall be those
population figtu~es issued attrtually by tltc State De;par-truertt. <tf Finance.
Pavutent for adrnitristrative costs of tlte. Authority, including auditing and
staff services, shall be made front funds received by the .~uthorit~-.
Flpenses 1'or adrttinistrative services shall be deducted Ii~otu arty fitncls
received by the Authority prior to calculating the amount of funds to be
distributed to the merttber agencies.
1;24!20{?
1~~. I)Ili'I'S Ai~I) I,IAl3ILITIES:
The cieltts, lialtilities, contracts and obligations of the. Service Authority
shall riot be the debts, liabilities, eorttraets and ol~ligat.ions of the uteruber
jurisciicti<nrs, or an~~ of them. ~cither the: Service ~~rtthority nor its board
of directors shall leave the power or author-itv to bind the County or the
cities, or any of theta, to arrv debt, liability, contract, or obligation. Anv
par-tieipating utentber of the Service Authority shall defend, indetnnif~~,
save and hold harmless the Service Authority and any other participating
members from arrv and all claims, costs, liability for anv dautages,
sickness, death or injnty to persons or property, including without
litrtitation all consequential damages, fi-otn any cause wltatsoeyer arising
directly or indirectly front or connected with the operations or services of
that meruber or its agents, se:rvattts, or enrploye;es relating to the
perfor-rrtance of this Agreement save and except elairus or litigation
arising through the negligence or Gvillfirl rrtiscottdnct of the Service
Authority or its officers or employees or the officers or eutployees of any
other participating member, and will make: good to artd reimburse the
Service Autltor-ity or anv other participating member for anv espenditnres,
including reasonable att.or-ne~~ fees, the Service Authcn-ity may stake ley
reason of such matters and, if requested by the Service Author-it~- or anv
other participating ttterrtber, defend airy such. shits at. the sole cost and
clpense of the involved participating rucmber.
lE>. Ai:TTHORITI' COSTS:
The Service Authority will contract., via this <~greerttent, ~vitlt each
individual member, and Wray undert~~he actions that are required by law
relating t,o the perforrrtarree of duties in the removal of abandoned
veltieles frottr ~tublic and private property and public roadways and Lhe
cost associated with these duties. Arty eost,s irtettrred in the otteration of
the Service Authority must be approved by a simply majority vote of the
F3oard of Directors.
17. A1~1INI)14'Ii~IT:
This Agreement may be atneuded upon a simple majority vote of all
member jurisdictions.
l i24 200 ; 6
18. 'I'I;RI~II~~"I'IO1l'~ I3Z" :~'1Fl~II3IKS:
Sttl>jeet, tc> Seetioli ~`-? 710 VC;, this Agre,etneiit may be terminated by
tiieruber jurisdictions as folloGVS:
a, Individual Member Jurisdictions: A member jlirisdietion zuay
tez-~ninate its participation in this Agreement and the Sei~rice
Authority iitiliiediat.ely by provicliilg «-rittczi notice to the ('oii~ity
any time before the Abandoned T~'ehiele Abatement Plan is
approyecl pursuant to Secticnl ,`~~? l 10(d) ~'C. \iotice to the Ccnuity~
shall be delivered to the Butte County I)eveloprnetlt, Sei-~~iees, 7
County Center Drive, Oroville, CA 95065.
b. After the Abandoned Vehicle Abatetlient Plata has been approved, a
itlember jurisdiction may t.ei7ziiuate its participation in this
Agreeincnt aiir_i the Sei-~~iee Authority by pro`-idiiig 30 da~-s' «'rittcn
not.iee of such termination to the Sez-~'iee Autliorit~~ and the other
irlelnber jurisdictions. However, teriiiinatioii shall riot relieve a
~neniber of its duty to comply with the Abandonccl Vehicle
Abatement Plan, Section »710 VC, acid the regulations adopted
pursuant thereto, this Agreeiilent acid the i-ales of the Scl-~ricc
Authority as to any fluids received from the Sei-~-ice Authority-.
l~iotice of termination may be rescinded upon ~writteu notice to the.
Sc~-~-iee Authority gild the other tiielliber jurisdietioils at any tithe
before the effective date of tei-~liinatioii.
c. ~lajorit`': This Agreeruciit ulay be teriuiiiated at auy time by a
simple ili~jority of the member jur-isdictioiis voting to dissolve the
'ieI'ylcl: Atitlun-ity.
A,jtirisclictiou may choose to enter into the Sciti-ice Atitliorit.~~ by f;iving a
1~Iotice of Submission, which is to be in resohition foi~n, and approved by
a iiiajority rote of that jurisdiction's govei-~Iiug council or board. This
resolution is to be rcccived no later that April 1~` by the Ser-~•iee. Authorit~~.
Upon approval from the CHP, distribution of funds to the new
jurisdiction will be in accordance with the rules previously approved in
this Agre:eiiieiit. Appropriation of the. X1.00 fee will commence on ~.Jul~-
1~t of'tlle ne~v fiscal year aiid k~e distribtitecl t.liereafter oti a cltlarterly basis
by the State Controller's Office.
1 '2~%?00 7
The Ser~~ice Authority shall ce:~ase to exist on the date tlt~tt, all r~;~-etutes to
be reeei~red bt~ the Set-~~ice Attt.lrorit~' pursuant to 5ectiotts 9N50. % and
`~`?! 10(~5)(a) ETC;, have been expeudc:d.
`i'bis ~~reetttetrt t-iav be executed itt catirltet-t~arts «lticll, talten together,
sha11 antstitute otte and the saute ~lyreetrrettt..
~?~. l~l_iFEC'I'IVE DA'I'I;:
This llgreetnettt beccnnes cffceti~~e upon its approval b~- the Count`- Board
of Supetl~isors b~ t~i~o-thirds Grote, and a nrajorit;tip of the cities lta~-itr a
ntajorit~~ of the incorporated population within the County.
COLT~'i'1' OF BI'TTI~;
F3~_ ~:
Paul McZntoslr
Chief Adttriuistratiye officer
Approacd as to form:
County C'cntttsel
I3v:
I3rttce Alpert
Cotutty Counsel
CITY OF BIGGS
A`I"I'I;S`1':
By:
I)at.ed
A'I"i'h;S'I':
I3y:
Apl~ro~~ed as to fortrt:
City Attot7tey
By:
F3v:
RESOLliTIO~I NO.
Dated:
1 24%200 ~ 8
CITY OTi CIIICO
I3~~:
r~~~pro~-ed as to fot7n:
City- ~ttorlie~~
Bv:
CITY OF CiI~'IDI,I,Y
B~~:
A~~prc~~~ed as to fai-~n:
City ~~ttorne~~
I3~-:
CITY OF t)RO~'ILLI;
I3~~:
r'~ppro~-ed as to form:
City Attcn-ue~-
I3~~:
Tc~«~ oI~ P1~RAI)ISr
8~~:
1~pproved as to form:
Cite ~lttc_>1-ile~~
I3~~:
I3~r:
RESOLti'I'IO~I CIO.
I)at,ecl
~1TTF,ST:
I3~~:
Dated:
~~7"I'I;S'I':
I3`-:
i~f;5()I,I'I'IO~I SIC).
Dated:
~~~I~r~;sr:
I3~-:
RES(~I,t"I'IO:~I CIO.
Dated:
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