HomeMy WebLinkAbout2012-02-28; City Council; 20820; SD COUNTY ABANDONED VEHICLE ABATEMENT SERVICECITY OF CARLSBAD - AGENDA BILL
AB# 20.820 RESOLUTION TO AUTHORIZE SAN
DIEGO COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE
AUTHORITY TO PLACE AN INITIATIVE
ON THE JUNE 5, 2012 BALLOT TO
EXTEND FEES PURSUANT TO
VEHICLE CODE SECTIONS 9250.7 AND
22710
DEPT. DIRECTOR
MTG. 2/28/2012
RESOLUTION TO AUTHORIZE SAN
DIEGO COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE
AUTHORITY TO PLACE AN INITIATIVE
ON THE JUNE 5, 2012 BALLOT TO
EXTEND FEES PURSUANT TO
VEHICLE CODE SECTIONS 9250.7 AND
22710
CITY ATTORNEY ^.p^
DEPT. CA
RESOLUTION TO AUTHORIZE SAN
DIEGO COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE
AUTHORITY TO PLACE AN INITIATIVE
ON THE JUNE 5, 2012 BALLOT TO
EXTEND FEES PURSUANT TO
VEHICLE CODE SECTIONS 9250.7 AND
22710
CITY MANAGER
RECOMMENDED ACTION:
Approve Resolution No. 2012-043 authorizing service authority to place an initiative on the
June 5, 2012 election ballot to extend fees pursuant to Vehicle Code sections 9250.7 and
22710.
ITEM EXPLANATION:
California Vehicle Code sections 22710 and 9250.7 authorized the establishment ofthe San
Diego County Abandoned Vehicle Abatement Service Authority ("AVA") in 1991 and the
imposition of a $1.00 fee on vehicles registered in the San Diego County, referred to as the
AVA Fee. These registration fees are used exclusively forthe abatement, removal, and
disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as
public nuisances, on private or public property, to combat neighborhood blight and decay.
On February 9, 2012, the Abandoned Vehicle Abatement Authority Board adopted a resolution
to place an extension of the $1.00 Abandoned Vehicle Abatement fee, which sunsets on April
30, 2012, on the June 5, 2012 election ballot. The Resolution requires the Board of
Supervisors and a majority of the cities holding a majority of the incorporated population to
adopt resolutions authorizing the election and the extension of the fee contingent on voter's
approval on or before March 8, 2012.
FISCAL IMPACT:
The City receives funds from the Abandoned Vehicle Abatement Authority to conduct its
programs. Last year the City received $107,064. This revenue will cease in April 2012 and will
not be renewed unless it is extended by the voters at the countywide election to be held on
Junes, 2012.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED •
DENIED •
CONTINUED •
WITHDRAWN ^
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER - SEE MINUTES •
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ENVIRONMENTAL IMPACT:
The proposed action does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or
reasonable foreseeable indirect physical change in the environment.
EXHIBITS:
1. Resolution No. 2012-043
1 RESOLUTION NO. 2012-043
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AUTHORIZE SAN DIEGO
COUNTY ABANDONED VEHICLE ABATEMENT SERVICE
. AUTHORITY TO PLACE AN INITIATIVE ON THE JUNE 5,
2012 BALLOT TO EXTEND FEES PURSUANT TO
5 VEHICLE CODE SECTIONS 9250.7 AND 22710
WHEREAS, sections 22710 and 9250.7 of the California Vehicle Code
authorized the establishment of the San Diego County Abandoned Vehicle Abatement
Service Authority ("AVA") in 1991 and the imposition of a $1.00 fee on vehicles
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registered in the San Diego County, referred to as the AVA Fee; and
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WHEREAS, these registration fees are used exclusively for the abatement,
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removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles
or vehicle parts as public nuisances, on private or public property, to combat
14 neighborhood blight and decay; and
15 WHEREAS, Senate Bill 106, Chapter 175 of the Statutes of 2001, amended
16 California Vehicle Code §§ 9250.7 and 22710 to allow an extension of the registration
1^ fees in increments of up to 10 years; and
WHEREAS, Senate Bill 106 requires a county's board of supervisors, by a two-
thirds vote, and the cities with the majority of the incorporated population within the
county to adopt resolutions approving an extension of the registration fees; and
WHEREAS, the current AVA Fee sunsets on April 30, 2012 and the requisite
number of aforementioned resolutions have not been adopted; and
24 WHEREAS, without an extension of the registration fees, authority for the
25 imposition of the registration fees expire on April 30, 2012, and the County and cities
26 within the County will be unable to recover a significant portion of the costs of abating
27 nuisance vehicles; and
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WHEREAS, on February 9, 2012, the Board of the San Diego County
Abandoned Vehicle Abatement Service Authority voted to order an election and submit
to the electors of San Diego County the question of whether the vehicle registration fee
of $1.00 should be extended, as authorized by the Vehicle Code sections 9250.7 and
22710, as allowed for by law, and paying for costs incident thereto, contingent on the
County of San Diego's Board of Supervisors, by a two-thirds vote, and the cities with the
majority of the incorporated population within the county adopting resolutions to
authorize the aforementioned election and approve an extension of the AVA Fee
contingent upon voter approval.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of
Carisbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carisbad consents to the San Diego
County Abandoned Vehicle Abatement Service Authority order of an election to the
electors of San Diego County on June 5, 2012 the question of whether to extend the
vehicle registration fee of $1.00, as authorized by Vehicle Code sections 9250.7 and
22710.
3. On the ballot to be used at the June 5, 2012 election, in addition to any
other matters required by law, there shall be printed substantially the following:
PROPOSITION . Extension of the Abandoned
Vehicle Abatement Fee. Should the San Diego County
Abandoned Vehicle Abatement Authority extend the
Abandoned Vehicle Abatement Fee to impose $1.00 on
each vehicle registered in San Diego County, each year, for
a period of 10 years, or as otherwise allowed for by state
law, to be used solely for the removal of abandoned and
wrecked vehicles from public and private property?
YES
NO
1 4. An appropriate mark placed on the voting square after the word "Yes"
shall be counted in favor of the adoption of the proposition. An appropriate mark placed
2 in the voting square after the word "No" shall be counted against the proposition.
^ 5. Passage of this proposition requires the affirmative vote of two-thirds of
4 those qualified electors voting on the matter at the county-wide election.
5 The date of the election shall be June 5, 2012, and the election shall be held
solely within the boundaries of San Diego County, contingent on the County of San
6 Diego's Board of Supervisors, by a two-thirds vote, and the cities with the majority of the
incorporated population within the county adopting resolutions to approve the
7 aforementioned election and authorize an extension of the AVA Fee contingent upon
voter approval. The aforementioned County and city resolutions shall be adopted on or
before March 9, 2012.
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6. The City Council of the City of Carisbad hereby authorizes the extension
IQ of the AVA Fee, contingent upon approval of the ballot measure by at least 2/3 of the
registered voters voting on the ballot measure. If approved by the voters, this resolution
11 shall constitute the authorization necessary for the San Diego County Abandoned
Vehicle Abatement Authority to impose the AVA Fee and submit this Resolution,
12 together with certified results of the election, to the Department of Motor Vehicles to
mplement the AVA Fee without further action of this jurisdiction or any other jurisdiction,
to the fullest extent allowed for by law.
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AYES:
NOES:
ABSENT:
MATT HALL, Mayor
ATTEST:
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carisbad on the day of
^ 2012, by the following vote:
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LORRAINE M. WOOD, City Clerk
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