Resolution 12876CITY OF ALAMEDA RESOLUTION 1 2 8 7 6
AUTHORIZING THE AMENDMENT TO THE
ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM
AND THE AMENDMENT TO THE
JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, by City of Alameda Resolutions 12250 and 12251, signed May 20,
1992, the City of Alameda adopted an Abandoned Vehicle Program for Alameda County and
entered into a Joint Exercise of Powers Agreement with other Cities within Alameda County to
establish the Alameda County Abandoned Vehicle Abatement Authority; and
WHEREAS, abandoned vehicles continue to be a blight upon the land, offending
aesthetic sensibilities, harboring inimical insects and other health threatening creatures, posing a
health and safety hazard, and allowing valuable resources to go to waste; and
WHEREAS, due to the signing into law of AB135 (Rains) effective January 1,
1996, amending Vehicle Code sections 9250.7 and 22710, the existing Alameda County
Abandoned Vehicle Abatement Program must be amended to be consistent with the amendment
to State law in order for the program to continue; and
WHEREAS, the City of Alameda believes that the Alameda County Abandoned
Vehicle Abatement Program continues to benefit the populace of the Cities and the entire Coun
and hereby endorses said Program; and
WHEREAS, it is necessary to amend the Joint Exercise of Powers Agreement fo
Abatement of Abandoned Vehicles (attached hereto as Exhibit A) to reflect the amended
Alameda County Abandoned Vehicle Abatement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Alameda that the City Council hereby endorses and approves:
1. The Alameda County Abandoned Vehicle Abatement Program, as amended,
dated January 1, 1996; and
2. The Amendment of the Joint Exercise of Powers Agreement, dated January 1,
1996; and
3. The continued collection of $1 vehicle registration per year for the purpose of
funding the Alameda County Vehicle Abatement Program for a period of ten (10) years from its
inception.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute, on behalf of the City, the Amendment of Joint Exercise of Powers Agreement for
Abatement of Abandoned Vehicles.
AMENDMENT OF
JOINT EXERCISE OF POWERS AGREEMENT FOR
ABATEMENT OF ABANDONED VEHICLES
This Agreement is entered into and becomes effective retroactively to
January 1, 1996, by and between the undersigned public agencies, referred to
collectively as the "Agencies;"
WITNESS ETH
Vehicle Code Sections 9250.7 and 22710 (Stats. 1990, Ch. 1684)
authorized the creation of a county service authority for the abatement of
abandoned vehicles pursuant to which the Agencies created the Alameda County
Abandoned Vehicle Abatement Authority in 1993. Said Vehicle Code Sections
were amended by AB 135 in 1995, necessitating the amendment herein.
Government Code Section 6500 et seq. provides that two or more public
agencies by agreement may jointly exercise any power common to the contracting
parties. It is the intent of the parties to this agreement that the Alameda County
Abandoned Vehicle Abatement Authority continue to operate so as to exercise
the powers granted them by Vehicle Code Sections 9250.7 and 22710.
NOW, THEREFORE, the Agencies agree as follows:
1. Objective. The purpose of this agreement is to amend the prior
agreement creating the Alameda County Abandoned Vehicle Abatement
Authority in one respect only, leaving all other aspects of the prior agreement stilt
in effect.
2. Amendment The seventh line of Section 3. Powers on the second page
of the prior agreement is hereby amended to read as follows (new language is
italicized):
"Agencies in proportion to the number of vehicles they abate of the total
number of vehicles abated by the Authority, pro-rated where appropriate to
the"
IN WITNESS WHEREOF, each Agency has executed approval of this
Agreement and filed said approval with the Clerk of the County of Alameda and
said signatures are listed below or attached hereto.
EXHIBIT A
Abandoned Vehicle Abatement Authority
January 1, 1996
Page 2 of 3
For the City of Alameda For the City of Albany
Date: Date:
Attest: Attest
For the City of Berkeley For the City of Dublin
Date: Date:
Attest: Attest:
For the City of Emeryville For the City of Fremont
Date: Date:
Attest: Attest:
For the City of Hayward For the City of Livermore
Date: Date:
Attest: Attest:
For the City of Newark For the City of Oakland
Date: Date:
Attest: Attest:
For the City of Piedmont For the City of Pleasanton
Date: Date:
Attest: Attest:
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 6th
day of May , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President. Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 7th day of May , 1997.
Diane Felsch, City Clerk
City of Alameda