HomeMy WebLinkAbout1991-06-04; City Council; 11185; SAN DIEGO COUNTY ABANDONED VECHCILE ABATEMENT SERVICE AUTHORITY?
o not approve the establishment of the Abandoned Vehicle Abatement Service Authority
until the role of the cities is defined and the reimbursement of funds to cities is agreed upon
in writing; and to direct staff to participate in discussions with the County of San Diego in
the establishment of the Authority.
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Assembly Bill 41 14 granted counties in California the authorization to create County-wide
service authorities for abandoned vehicles, with the concurrence of the majority of the
incorporated population of the county. In March, 1991 the County Board of Supervisors
adopted a resolution which established the San Diego County Abandoned Vehicle
Abatement Service Authority (AVA Service Authority), pursuant to AB 41 14. This Authority,
comprised of the members of the SAFE Board, would provide a regionally coordinated
vehicle abatement program. Although the details of the program have not been worked out,
one option is that the Authority would contract with cities such as Carlsbad to do vehicle
abatement within their city limits. The City would continue to do its own vehicle abatement,
as it has done in the past, and receive funds from the Authority to do so. Registered vehicle
owners in Carlsbad would be charged an additional $1 vehicle registration fee to support
this program (a total of over $48,000), although there is no guarantee that Carlsbad would
get back what its residents pay out. The Authority expects to raise $2 million per year
through this additional fee imposed in San Diego County which would begin on January 1,
1992 and continue for five years.
The County of San Diego has asked cities in San Diego County to approve, in concept, the
creation of the Authority, the imposition of a $1 vehicle registration fee in San Diego County
to fund the program, and the appointment of the SAFE Board of Directors as the Authority's
Board of Directors. It also authorizes a study which would address specific issues, such as:
How will funds be allocated back to cities? Would it be based on the number of
vehicles abated within City limits, the amount of money generated from the City, or
some other formula?
Will funds generated in Carlsbad be returned to Carlsbad? The concern is that
funds generated in Carlsbad would be used to subsidize abatement in other cities
or in unincorporated areas.
Is this funding guaranteed to the Authority?
be funded? County staff is recommending that they provide the necessary staff
services conditioned upon reimbursement from the Authority. The estimated
reimbursable costs for the balance of FY 1990-91 are $24,306. Estimated
reimbursable staff costs for implementation activities from July 1, 1991 to January 1,
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PAGE 2 OF AGENDA BILL NO. //I 185
1992 are $64,661. Since the revenue stream for the Authority is not expected to
begin earlier than March, 1992, the County will make a short-term loan from its Solid
Waste Enterprise fund.
Who will provide abatement services to cities which don’t already have their own
abatement program?
Is the SAFE Board the appropriate body to serve as the Authority’s Board of
Directors? The SAFE Board of Directors is comprised of two representatives
appointed by the County and five representatives from San Diego County cities who
are appointed by the City Selection Committee, a committee consisting of the mayor
of each city in the county or his or her designee.
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According to County staff, San Diego County cities would play a central role in resolving
these issues and will be directly involved with the study. County staff emphasizes the fact
that this is a regional issue since vehicles are often abandoned in cities other than where
they are registered. In addition, these vehicles are full of hazardous materials which can
end up in the waste stream.
Removal of abandoned vehicles in Carlsbad is currently handled by the Police Department
and Code Enforcement Office, which are respomible for the abatement of vehicles on public
and private property, respectively. In 1990, approximately 100 abandoned vehicles were
removed in Carlsbad. This represents about 1/2 of the complaints received regarding
abandoned vehicles; the remaining vehicles are abated through voluntary compliance. Staff
considers this program successful in dealing with abandoned vehicles within City limits.
In order for this Authority to be established, a majority of the cities having a majority of the
incorporated population in San Diego County must approve the program. Since the City
of San Diego represents over half of the County’s population, the program rests on their
approval. The County needs program approval before it can submit its implementation plan
to the California Highway Patrol for review and approval. This plan must be submitted to
the CHP no later than August 1 , 1991. If approved, funding for the program would begin
January 1, 1992; if not approved, program funding would be delayed a minimum of one
calendar year until January 1, 1993.
Staff recommends that the City Council not approve the establishment of the Authority until
the role of the cities is defined and the reimbursement of funds to cities is agreed upon in
writing. It is also recommended that staff be directed to work with the County and City of
San Diego to resolve the issues mentioned above. By doing so we would become involved
in the process of working out our concerns in the implementation plan. If we are not
involved, we run the risk of the Authority being approved without our concerns being
addressed.
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PAGE 3 OF AGENDA BILL NO. j I,, i g5
FISCAL IMPACT:
A $1 vehicle registration fee would be charged in San Diego County to fund the program,
This charge would begin January 1, 1992 and continue for five years.
EXHIBITS:
1. California Vehicle Code 92271 0, as amended by AB 41 14.
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VEHICLE COD
8 22705.1. Bepealed by Stats 1980 ch 11 11 0 25.1
Note -See $2285 1.8.
agency; Determination by 5 22706. [Renumbered 0 22671 by Stats 1980 ch 11 11 6 26.1
5 22707, mepealed by Stats 1980 ch 11 11 8 27.1 dollars ($300) or less, over
&Ahr~ ($l,oOO) or less, or ov Note4 CC 0 3073.
a value on, or to estimate 822710. Establishment of service authority for abatement of a
authority for the abatement of abandoned vehicle
established, and a one dollar ($1) vehicle registration fee impose
county if the board of supervisors of the county, by a two-thirds vc
majority of the cities having a majority of the incorporated I within the county have adopted resolutions providing for the esta
shall be determined by concurrence of the board of supervise majority vote of the majority of the cities within the county
majority of the incorporated population.
(b) The authority may contract and may undertake any act con\
necessary to carry out any law relating to the authority. The authc
be staffed by existing county and City personnel.
(c) (1) Notwithstanding any other provision of law, a service authc adopt an ordinance establishing procedures for the abatement, rem disposal as public nuisances, of abandoned, wrecked, dismantled, 01 tive vehicles or parts thereof from private or public property; an recovery, pursuant to Section 25845 or 38773.5 of the Government
assumption by the service authority, of costs of administration removal and disposal. The actual removal and disposal of vehicle: undertaken by an entity which may be a county or City or the de pursuant to contract with the service authority as provided in this s
(2) The money received by an authority pursuant to Section 9250.7 used only for the abatement, removal, and disposal
abandoned, wrecked, dismantled, or inoperative vc
3 $49 ch 1381 6 1. and imposition of the fee. The membership of the
($300) or less, over three hundred
If that date is not deleted o
he Government Code, secti
parts thereof from private or public property.
(d) (1) An abandoned vehicle abatement program and plan of
authority shall be implemented only with the approval of the COUI majority of the cities having a majority of the incorporated populati
(2) The department shall provide guidelines for abandoned vehic ment programs. An authority’s abandoned vehicle abatement 1 program shall be consistent with those guidelines, and shall providc not be limited to, an estimate of the number of abandoned vt rcement strategy including contractual agreeme
all be submitted to the department by P review the plan and make recornmendi
by October 1, 1991. The service autho
submit the plan, as revised, to the department and, if determine with the guidelines, shall submit the pl January 1. Except as provided in subdi!
ch 1111 $20.1
by Stats 1980 ch 1111 6 21.1
lued vehicles.
fir Veil codel
the Controller shall make no allocations for a calendar year to a service
authority for which an approved plan was not received on or before January
(f) A service authority shall cease to exist on the date that all revenues received by the authority pursuant to this section and Section 9250.7 have
Added Stats 1990 ch 1684 0 6 (AB 4114).
Former Sections: Former $ 22710, similar to the present section, was amended Stab 1981 ch 843 Q 3
and repealed Stab 1990 ch 1684 $5 (AB 41 14).
Note-For report to Legislature and legislative findings and declarations, see the 1990 note following
Veh C 5 22665.
1
ARTICLE 2
Vehicle Disposition
subsequent determination shows
(3) seized for alleged altered iden
utomobile I& at parking lot or garage. 13
mobile left in parking lot or garage.
release of vehicle; No
registration violation,
Added Stats 19
on stored vehicle
t4 veh codel
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