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HomeMy WebLinkAboutCC 19 ABAND VEH ABATE 10-07-91_1SENT CALENDAR NO. 19 ATT SEPTEMBER 25, 1991 To: WILLIAM A. HUSTON, CITY MANAGER ROIRII. W. DOUGLAS FRANKS, CHIEF OF POLICE SUBJECT: ABANDONED VEHICLE ABATEMENT PROGRAM RECOMMENDATION The City Council approve the attached resolution authorizing participation of Tustin in the Orange County Service Authority for Abandoned V by the City Vehicles. FISCAL IMPACT Approximately $39,900 would be available to the City of Tustin annually years beginning in 1992 for a total of $205,485 during the life of the programram five BACKGROUND In 1990, the California State Legislature enacted AB 4114, which enables to authorize the creation of a Service Authority to handle the increasingproblem of abandoned vehicles. Funding for the Service Authority is provided b $ a p em of fee similar to the fee now charged by the Orange Count Service1 registration Freeway Emergencies (SAFE) that operates the freeway callbox program. for p g m. Until the passage of AB 4114, existing law imposed a $1 vehicle registration deposit in the Abandoned Vehicle Abatement Trust Fund, whichauthorizedfee for funded local abandoned vehicle nuisance abatement programs. AB 411 1Zed and the statewide 4 abolished program and stipulated that a County Service Authority may be established and the $1 fee imposed if: "...the Board of Supervisors of the county by a two-thirds vote and 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 the imposition of the fee." [California Vehicle Code Section 22710.] AB 4114 further stipulated that if a county demonstrates a need for a Service Authority for Abandoned Vehicles and has the concurrence of the various jurisdictions as indicated above, it may submit a plan to the state for a county pproval by Mr. Huston September 25, 1991 Page 2 AB 4114 further stipulated that if a county demonstrates a need for a Service Authority for Abandoned Vehicles and has the concurrence of the various county jurisdictions as indicated above, it may submit a plan to the state for approval by October 1, 1991, for funding to begin January 1992. In addition, AB 4114 has a five-year "sunset clause and requires the California Highway Patrol to report to the Legislature by January 1996 on the effectiveness of the program. Since AB 4114 indicated that a service authority like SAFE should be formed, SAFE initiated the . process through its parent board, the Orange County Transportation Authority (OCTA). Ernst & Young, with the firm of Robertson & Cohoon, was engaged to conduct an assessment of the extent of the abandoned vehicle problem in Orange County, and if a need was indicated, to assist the Authority in preparing an implementation plan that is acceptable to the County, the cities, and the state. Based on information supplied by the jurisdictions that participated in the survey, local agencies responded to over 43,000 calls of reported abandoned and inoperable vehicles in 1990. Using time and salary estimates supplied by these agencies, local jurisdictions spent approximately $1.4 million of nonreimbursable funds from their general fund budgets in salaries and benefits on vehicle abatement in 1990-91. The City of Tustin spent an estimated $41,095 in 1990. CONCERNS While the recommendation is to approve a resolution authorizing participation in the Orange County Service Authority for Abandoned Vehicles, there are some major concerns the Council may wish to address with the representative of the OCTA. The following appear to be some of staff's major concerns: 1. The statistical data compiled by Ernst & Young appears to be faulty. There is too wide a swing between the costs estimated by each city regarding the removal of abandoned vehicles. As the salaries and benefits of most police officers and code enforcement officers are, generally speaking, plus or minus five percent, the calculated figures by which Ernst & Young reached the average cost is highly suspect. What this means is that the cities may not be getting as much money back as due them if the study had been statistically correct. I suggest the study be validated based upon a time -and -motion study to determine the actual cost involved in removing abandoned vehicles. As an example, the city of Westminster has estimated their cost per call to remove a vehicle from the public right of way is $65.99. Conversely, the city of Anaheim estimates their cost per call is $10.50; Costa Mesa, $7.55; and the City of Tustin, $31.17. 1 suggest those who provided the information to Ernst Mr. Huston September 25, 1991 Page 3 & Young were merely making an educated guess as to the cost per call and did no statistical evaluation of their data. 2. With the passage of this resolution, I'm quite certain that cities will rapidly readjust their average cost in order to reap a greater benefit. This could be detrimental to the total money received by cities the size of Tustin. If possible, I suggest that the OCTA provide some assurances that they will revise their data to ensure there is an equitable distribution of funds to all concerned cities. 3. It should also be noted that OCTA is going to extract in excess of $100,000 per year for administrative costs involved in operating the program. 00 4. From strictly a philosophical viewpoint, I suggest that repeat offenders are responsible for many of the abandoned vehicles. In essence, there are some people who buy "junker" vehicles, drive them until they drop, and leave them on a public thoroughfare. While this is an unsightly mess, the question remains, "Is it fair to add another $1 registration fee in Orange County to remove abandoned vehicles?" There are currently over 2,000,000 registered vehicles in the County of Orange. 9 ed W. DOUGLAS FRANKS Chief of Police WDF:kh 9 10 11 12 13 - 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT. WHEREAS, Section 9250.7 of the California Vehicle Code was amende( in 1990 to provide for the establishment of a Service Authority for Abandoned Vehicl( Abatement (AVA) if the Board of Supervisors of the county and a majority of the cities within the county having a majority of the population adopt resolutions providing for the establishment of the authority; and, WHEREAS, the Tustin City Council finds that abandoned, inoperable wrecked, dismantled vehicles or parts thereof pose a health and safety hazard and ar( found to be public nuisances; and, WHEREAS, the Tustin City Council finds that an abandoned vehicle abatement program is needed to provide for the proper removal and disposal o abandoned vehicles and assist law enforcement and code enforcement personnel it abatement of abandoned vehicles; and WHEREAS, the Orange County AVA Service Authority will hav responsibility for implementing an abandoned vehicle removal program in the Orang County region; NOW, THEREFORE, IT IS RESOLVED AND ORDERED that the City Counci of the City of Tustin hereby requests that a Service Authority for Abandoned vehiclE Abatement be established in Orange County pursuant to theof rovision of the California Vehicle Code. p Section 2271 C BE IT FURTHER RESOLVED that the Tustin City Council directs that th members of the Orange County Transportation Authority shall serve as the Servic Authority for Abandoned Vehicles in the County of Orange. BE IT FURTHER RESOLVED that the Tustin City Council approves the vehicle abatement program and plan of the AVA Service Authority of the County o Orange and a one dollar ($1) vehicle registration fee be imposed. The fee imposed b, the Service Authority shall remain in effect only for a period of five years. PASSED AND ADOPTED at a regular meeting of the City Council of the Ci )f Tustin, California, held on the 7th day of October, 1991. ATTEST: CITY CLERK MAYOR