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Scully, Pat
_ _
From: Rodriguez, Pedro
Sent: Tuesday, April 24, 2007 11:12 AM
To: Scully, Pat
Subject: A.B. 1069
r>�� CITY OF PALM DESERT
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BUILDING & SAFETY DEPARTMENT
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INTEROFFICE MEMORANDUM
To: City Council
From: Pedro Rodriguez, Senior Code Enforcement Officer
Date: April 23, 2007
Subject: A. B. 1069
The City of Palm Desert has been a member of the Riverside County Abandoned Vehicle
Abatement Service Authority since inception of the program in the early 1990's. The service
authority allocates funds from a $1.00 vehicle registration fee, these funds are distributed
amongst each jurisdiction within the County for cost related to abandoned vehicle
enforcement. The City utilizes these funds to purchase vehicles, equipment and supplies that
are used for abandoned vehicle enforcement.
Current state law does not allow reimbursement cost for the abatement of mobile homes or
trailers when they are illegaUy dumped within a jurisdiction. Additionally, under current state
law all unexpended funds left over at the end of the year must be returned back to the state.
This bill would expand to the abatement program to include abandoned mobile homes and
trailers. It would also require unexpended funds of the service authority to remain within that
service authority and to be redistributed amongst each jurisdiction pursuant to an approved
redistribution plan.
I am requesting your assistance and support of this bill. These changes in the law would
expand our ability to benefit from this program. The City would be able to submit
reimbursement request for cost related to abatement of illegally dumped trailers and mobile
homes, and would also receive a portion of the unexpended funds in accordance with an
approved redistribution plan.
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BILL NUMBER: AB 1069 INTRODUCED
S I LL 'rEXT
INTRODUCED BY Assembly Member Cook
FEBRUARY 23, 2007
An act to amend Sections 9250.7 and 22710 of the Vehicle Code,
relating to abandoned property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1069, as introduced, Cook. Abandoned property: vehicles and
mobilehomes.
(1) Existing law authorizes a county to establish a service
authority for the abatement of abandoned vehicles and impose a $1
vehicle registration fee and an additional fee in a county if the
board of supervisors of that county, by 2/3 vote, and a majority of
the cities having a majority of the incorporated population within
the county adopt resolutions providing for the establishment of that
authority and the imposition of the fee. Existing law suspends the
collection of the fee when the revenue fee surplus is in excess of
those allowed under the statute.
This bill would expand that abatement program to include abandoned
mobilehomes, which are manufactured homes. The bill would also
delete the provision providing for the suspension of the collection
of the fee when excess revenues exist and instead would require
unexpended funds of a service authority in the Abandoned Vehicle and
Mobilehome Trust Fund to remain with that service authority to be
redistributed pursuant to a redistribution plan approved by the
authority and the state.
To the extent that this bill would increase the level of service
imposed on a local service authority for the abatement of abandoned
vehicles, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commisaion on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTZON 1. Section 9250.7 of the Vehicle Code is amended to read:
9250.7 . (a) (1) A service authority established under Section
22710 may impose a service fee of one dollar ($1) on all vehicles,
except vehicles deacribed in subdivision (a) of Section 5�14 .1,
registered to an owner wi�h an address in the county that established
the service authority. The fee shall be paid to the department at
the time of registration, or renewal of registration, or when renewal
becomes delinquent, except on vehicles that are expressly exempted
iinder this code from the payment of registration fees.
(2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle RegisCration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section shall pay an additional service fee of
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two dollars ($2) .
(b) The department, after deducting its administrative costs,
shall transmiC, at least quarterly, the net amount collected pursuant
to subdivision (a) to the Treasurer for deposit in the Abandoned
Vehicle and Mobilehome Trust Fund, which is hereby
created. Al1 money in the fund is continuously appropriated to the
Controller for allocation to a service authority that has an approved
abandoned vehicle and mobilehome abatement program
pursuant to Section •22710, and for payment of the administrative
costs of the Controller. After deduction of its administrative costs,
the Controller shall allocate the money in the Abandoned Vehicle
and Mobilehome Trust Fund to each service authority in
proportion to the revenues received from the fee imposed by that
authority pursuant to subdivision (a) .
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Unexpended funds of a
service authority in the Ahandoned Vehicle and Mobilehome
Trust Fund sha11 remain with the service authority Co be
redistributed pursuant to a redistribution plan approved by that
authority and the state .
(c) Every service authority that imposes a fee authorized by
subdivision (a) shall issue a fiscal yearend report to the Controller
on or before October 31 of each year summarizing all of the
following:
(1) The total revenues received by the service authority during
the previous fiscal year.
(2) The total expenditures by the service authority during 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 during the previous fiacal year.
(d) Each service authority that fails to submit the report
required pursuant to subdivision (c) by October 31 of each year shall
have its fee pursuant to subdivision (a) suspended for one year
commencing on July 1 following the Controller'g determination
pursuant to subdivision (e) .
(e) On or before January 1 annually, the Controller shall review
the fiscal yearend reports, submitted by each aervice authority
pursuant to subdivision (c) and due no later than October 31, to
determine if fee revenues are being utilized in a manner consistent
with the service authority's approved program. If the Controller
determines that the use of the fee revenues is not consistent with
the service authority's program as approved by the California Highway
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, the authority to callect the
fee shall be suspended for one year pursuant to subdivision (b) . If
the Controller determines that a service authority has not submitted
a fiscal yearend report as required in subdivision (c) , the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivisions (b) and (d) . The Controller shall
inform the Department of Motor vehicles on or before January 1
annually, that the authority to collect the fee is suspended. A
suspension shall only occur if the service authority has been in
existence for at least two full fiscal years -�a `'�� -
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, the use of the fee revenue is not consistent with the
service authority's appz•oved program, or the required fiscal. yearend
report has not been submitted by October 31.
;f) On or before ,7anuary 1 annually, the Controller shall prepare
and submit to the Legislature a revenue and expenditure summary for
each service authority established under Section 22710 that includes,
but is not limited to, all of the following:
(1) The total revenues received by each service authority.
(2) The total expenditures by each service authority.
(3) The unexpended revenues for each service authority.
(4) The total number of vehicle and mobilehome
abatements for each service authority.
(5) The average cost per abatement as pr.ovided by each service
authority to the Controller pursuant to subdivision (c) .
(g) The fee imposed by a service authority shall remain in effect
only for a period of 10 years from the date that the actual
collection of the fee commenced unless the fee is extended pursuant
to this subdivision. The fee may be extended in increments of up to
10 years each if the board of supervisors of the county, by a
twa-thirds vote, and a majority of the cities having a majority of
the incorporated population within the county adopt resolutions
providing for the extension of the fee.
SEC. 2 . Section 227].0 of the Vehicle Code is amended to read:
22'I10. (a) A service authority for the abatement of abandoned
vehicles may be established, and a one dollar ($1) vehicle
registration fee imposed, in any county if the board of supervisors
of the county, by a two-thirds vote, and a majority of the cities
having a majority of the incorporated population within the county
have adopted resolutions providing for the establishment of the
authority and imposition of the fee. The membership of the authority
shall be determined by concurrence of the board of supervisors and a
majority vote of the majority of the cities within the county having
a majority of the incorporated population.
(b) The authority may contract and may undertake any act
convenient or necessary to carry out any law relating to the
authority. The authority shall be staffed by existing personnel of
the city, county, or county transportation commission.
(c) (1) Notwithstanding any other provision of law, a service
authority may adopt an ordinance establishing procedures for the
abatement, removal, and disposal, as a public nuisance, of any
abandoned, wrecked, dismantled, or inoperative vehicle or
mobilehome or part thereof from private or public property; and
for the recovery, pursuant to Section 25845 or 38773 .5 of the
Government Code, or assumption by the service authority, of costs of
administration and that removal and disposal. The actual removal and
disposal of a vehicle or mobilehome shall be undertaken by
an entity that may be a county or city or the department, pursuant
to contract with the service authority as provided in this section.
(2) The money received by an authority pursuant to Section 9250.7
and this section shall be used only for the abatement, removal, and
disposal as a public nuisance of any abandoned, wrecked, dismantled,
or inoperative vehicle or mobilehome or part thereof from
private or public property.
(d) (1) An abandoned vehicle and mobilehome abatement
program and plan of a service authority shall be implemented only
with the approval of the county and a majority of the cities having a
majority of the incorporated population.
(2) The department shall provide guidelines for an abandoned
vehicle abatement program. An authority's abandoned vehicle and
mobilehome abatement plan and program shall be consistent with
those guidelines, and shall provide for, but not be limited to, an
estimate of the number of abandoned vehicles and mobilehome
, a disposal and enforcement strategy including contractual
agreements, and appropriate fiscal controls.
The department's guidelines provided pursuant to this paragraph
shall include, but not be limited to, requ.iring each service
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authority receiving funds from the Abandoned Vehicle and
hlobilehome Trust b'und tc� report to the Controller on an annual
basis pursuant to subdivision (c) of Section 9250.7, in a manner
prescribed by the department, and pursuant to an approved abandoned
vehicle and mobilehome abatement program.
(3) After a plan has been approved pursuant to paragraph (1) , the
service authority shall, not later than August 1 of the year in which
the plan was approved, submit it to the department for review, and
the departrnent shall, not later than October 1 of that same year,
either approve the plan as submitted or make recommendations for
revision. After the plan has received the department' s approval as
being consistent with the department' s guidelines, the service
authority shall submit it to the Controller.
(4) Except as provided in subdivision (e� , the Controller shall
make no allocations for a fiscal year, commencing on July 1 following
the Controller' s determination to suspend a service authority when a
service authority has failed to comply with the provisions set forth
in Section 925d.7.
(51 —�- A governmental agency shall
not receive any funds from a service authority for the
abatement of abandoned vehicles and mobilehomes pursuant
to an approved abandoned vehicle and mobilehome abatement
program unless the governmental agency has submitted an annual report
to the service authority atating the manner in which the funds were
expended, and the number of vehicles and mobilehomes
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) .
(6) Each service authority shall calculate a formula for
apportioning funds to each governmental agency that receives funds
from the service authority and submit that formula to the Controller
with the annual report required pursuant to paragraph (2) . The
formula shall apportion 50 percent of the funds received by the
service authority to a governmental agency based on the percentage of
vehicles and mobilehomes abated by that governmental
agency of the total number of abandoned vehicles and mobilehomes
abated by all member agencies, and 50 percent based on
population and geographic area, as determined by the service
authority. When the formula is first submitted to the Controller, and
each time the formula is revised thereafter, the service authority
shall include a detailed explanation of how the service authoriCy
determined the apportionment between per capita abatements and
service area.
(7) Notwithstanding any other provision of this subdivision, the
Controller may allocate to the service authority in the County of
Humboldt the net amount of the abandoned vehicle and mobilehome
abatement funds received from the fee imposed by that
authority, as described in subdivision (b) of Section 9250.7, for
calendar years 2�00 and 20�1.
(e) Any plan that has been submitted Co the Controller pursuant to
subdivision (d) may be revised pursuant Co the procedure prescribed
in that subdivision, including compliance with any dates described
therein for submission to the department and the Controller,
respectively, in the year in which the revisions are praposed by tY�e
service authority. Compliance with that procedure sha11 only be
required if the revisions are substantial.
(f) For purposes of this section, "abandoned vehicle or
mobilehome abatement" means the removal of a vehicle or
mobilehome from public or private property by towing or any
other means after the vehicle or mobilehome has been
marked as abandoned by an official of a governmental agency that is a
member of the service authority.
(g) A service authority shall cease to exist on the date that all
z•evenues received by the authority pursuant to this section and
Section 9250.7 have been expended.
SEC. 3 . If the Commission on State Mandates determines that this
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act contains costs mandar_ed by the state, reimbursement to local
agencies and school. districts for those costs sha11 be made pursuant
to Part 7 (commencing with Section 17500} of Division 4 of Title 2 of
the Government Code.
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Email response sent 041607 at 1133hrs.
Alan:Thank you for the information on the proposed revisions. I wholeheartedly agree with the proposed language
revisions and the diredion this bill is going.Your assistance and support of our Code Enforcement programs is greatly
appreaated.
]ames P. Monroe
Code Enforcement Manager
County of Riverside
Code Enforcement Department
4080 Lemon Street, 12th Floor
P.O. Box 1440
Riverside,CA 92502-1440
Tele: (951)955-2078
Fax: (951)955-2023
Email: imonroeCnlrctima.org
»> "Alan Femandes" <afernandes@nmaovlaw.com>04/12/07 11:07 AM »>
I met with the consuitant for the Assembly Transportation Committee this
moming. He had (I use the past tense provided we take the following
amendments)several serious concerns with the bill. However,if we
modify the bill in tfie following manner,I believe he will be
recommending support. Spedfically,he wants us to change the bill in
the following way:
1)Remove mobilehome from the definition of an abandon vehicle(the
reason being is that he said they are not rnnsidered a vehicle although
they are mobile). Also,since pursuant to law they are not vehicles
they do not pay VLF,which is the source of funding for the AVA.
Consequendy,by adding mobilehomes we destroy the nexus of the
underlying fee.
2)Specify that any unexpended funds may be used to dismanUe and
properly dispose of abandon mobile homes that pose a danger to road
users(either because are dumped on or immediately adjacent to the
road). Again this is about nexus and the proper use of tfie AVA funds.
3)Clarify that any unused funds shall not revert back to the state in
the current year,but leave in the secction of cuRent law that says if
there is excess funds the rnllection of the money is suspended for 1
year.
These amendments stlll allow us to use the money to clean up abandon
mobilehomes and they clarify that in the current year the money
collected will not revert badc to the state. For those reasons,I think
this bill still offers a lot for the County and therefore wath still
pursuing. The reality is that without these amendments and keeping the
bill as it is,I don't think we will get the support of the Chair,and
likely not be able to get the bill out of committee. Please let me know
if you see a big problem with going in this direction.--ALAN
Alan Femandes
Nieisen Merksamer et.al.
Office: 916-446-6752
Fax: 916-446-6106
htto:!/www.�mgovlaw.com<hlto:llwww.nmaovlaw.com/>