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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 • Page 2 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 3 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 9 registered in the San Diego County, referred to as the AVA Fee; and 10 WHEREAS, these registration fees are used exclusively for the abatement, 11 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 28 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 9 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. 14 15 16 17 18 19 20 21 // 24 25 26 27 28 // // // // // // 22 // 23 // // // // 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: 4 5 6 7 8 9 10 11 12 13 14 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28