HomeMy WebLinkAbout2012/02/28 Item 09CITY COUNCIL
AGENDA STATEMENT
-,~^~~
_,~~ ~ ~~ ~`~~ CITY OF
~'° CHUTA VISTA
2/28/12 Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CONTINUATION OF
PARTICIPATION IN THE SAN DIEGO COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE
AUTHORITY (SDCAVASA) PROGRAM AND
SUPPORTING THE RESOLUTION OF SDCAVASA TO
PLACE AN INITIATIVE ON THE BALLOT FOR VOTER
APPROVAL OF SAID FEE
SUBMITTED BY: CHIEF OF POLICE
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES NO X
SUMMARY
In 1991, the California Legislature began a program run by the counties that abated
abandoned vehicles. The program was established through the imposition of aone-dollar
($1) fee imposed on all registered drivers as authorized by California Vehicle Code §§
22710 and 9250.7. These registration fees are used exclusively for the 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.
This program was administered through the counties through entities entitled "abandoned
vehicle abatement service authorities." The San Diego County Abandoned Vehicle
Abatement Service Authority (SDCAVASA) administers the program for the City of
Chula Vista. The Chula Vista Police and Code Enforcement Departments actually abate
the abandoned vehicles and are reimbursed for the abatement costs by SDCAVASA.
The SDCAVASA fee program sunsets, by statute, on April 30, 2012. California Vehicle
Code Section 9250.7(g) allows each county to extend their sunset date for the program in
10-year increments. Approval of this resolution continues the City of Chula Vista's
participation in this program.
However, since the enaction of Proposition 26, all service-related fees (with certain
exceptions) are considered taxes and must be submitted for ballot referendum. Despite
the fee being in existence since 1991, and out of an abundance of caution, it has been
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decided by the SDCAVASA and the County Counsel's Office that the fee extension must
be submitted for voter approval. Accordingly, on February 9, 2012, the SDCAVASA
voted to approve the fee extension and submit the item fora 2/3 approval of registered
voters on the June 5, 2012 election. A copy of the SDCAVASA's resolution is attached
to this staff report.
The San Diego Board of Supervisors has yet to vote and approve the ballot referendum
but because of timing concerns the County requested that staff submit this item to
Council as soon as possible. The Board of Supervisors must also approve the submission
of the proposed ballot referendum by a 2/3`as vote for it to be effective.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
As summarized above, the SDCAVASA was established for the management of funds
collected for the abatement, removal and storage of abandoned vehicles from private and
public property in the incorporated cities and unincorporated area of San Diego County.
Pursuant to California Vehicle Code Section 22710, a service authority for the abatement
of abandoned vehicles may be established, and a one dollar ($1) per vehicle registration
fee imposed, in a county if the board of supervisors of the county, by atwo-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 SDCAVASA has established consistent guidelines to manage the funds collected for
the abatement of abandoned vehicles throughout the County. AVASA bases the
distribution of funds on a formula of 50% on city population and 50% on the number of
vehicles abated. The application of this formula has allowed the City of Chula Vista to
be reimbursed approximately $230,000 each fiscal year for the staff time of Police
Department and Code Enforcement employees to abate abandoned vehicles throughout
the city. Should this resolution not be approved, or the voters not approve the ballot item,
these funds will be in jeopardy.
The San Diego County Abandoned Vehicle Abatement Fee Program sunsets, by statute,
on April 30, 2012. California Vehicle Code Section 9250.7(g) allows each California
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County to extend their sunset date for the program in 10-year increments. Approval of
this resolution continues the City of Chula Vista's participation in the Abandoned
Vehicle Abatement Service Authority Program subject to the will of the voters in the
June 5, 2012, ballot item on the same.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact adopting this resolution. The reimbursements from
the Abandoned Vehicle Abatement Service Authority and associated staff time are
already included in the adopted budget.
ONGOING FISCAL IMPACT
If the voters do not approve the June 5, 2012, ballot item, the City has a potential revenue
loss of $230,000 per year.
ATTACHMENTS
1) Letter of Intent to continue in Abandoned Vehicle Abatement Program; and 2)
Resolution of the 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.
Prepared by: Jonathan Alegre, Principal Management Analyst, Police Department, Chance Hawkins,
Deputy City Attorney.
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~Ltr,
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CITY OF
CFIULA VISTA
Police Department
September 22, 2011
Aim Kulchin, Chair
Abandoned Vehicle Abatement Service Authority
c/o Allegra Pajot
1401 Broadway, MS 715
San Diego, CA 92101-5729
Re: City of Chula V ista; Intent to Continue in Abandoned Vehicle Abatement
Program
Dear Madam Chair,
Ourjurisdiction is a current participant in the Abandoned Vehicle Abatement
Authority Program (AVA Program). The $1.00 fee authorized by California
Vehicle Code sections 9250.7 and 22710 (Fee) sunsets on April 30, 2012. We
have been recently informed that the Department of Motor Vehicles needs the San
Diego County's AVA Board's formal request for continuance of the Fee in San
Diego County, This letter is to inform the AVA Board that this jurisdiction's staff
will be recommending to otu legislative body that the City approve continued
pazticipation in the AVA Program and request that the AVA Boazd adopt the
Resolution to Extend the Abandoned Vehicle Abatetent Service Authority Fee
Authorized under Vehicle Code Sections 9250.7 and 22710. We intend to bring
this matter before our legislative body on October 11, 2011.
If you have any questions or concerns, I may be contacted at (619) 691-5218.
Police Ca`ptafn
Chief Administrative Officer, AVA Program
375 Fourth Avenue, N15 P-200, Chula Vista, CA 97910 www.chulavistacagov (619) 691-5150
~ raa (6t9) Sss-s61a
9-4
February 9, 2012
RESOLUTION OF THE 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
The Board of the San Diego County Abandoned Vehicle Abatement Service Authority
("Board") hereby adopts the following resolution:
WHEREAS, sections 22710 and 9250.7 of the Califomia 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 registered in the San Diego
County, referred to as the AVA Fee;
WHEREAS, these registration fees are used exclusively for the 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;
WHEREAS, Senate Bill 106, Chapter 175 of the Statutes of 2001, amended California
Vehicle Code §§ 9250.7 and 22710 to allow an extension of the registration fees in increments of
up to 10 yeazs;
WHEREAS, Senate Bill 106 requires a county's boazd of supervisors, by atwo-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;
WHEREAS, the current AVA Fee sunsets on April 30, 2012 and the requisite number of
aforementioned resolutions have not been adopted;
WHEREAS, without an extension of the registration fees, authority for the imposition of
the registration fees expire on April 30, 2012, and the County and cities within the County will
be unable to recover a significant portion of the costs of abating nuisance vehicles;
NOW THEREFORE, BE IT RESOLVED AND ORDERED, by the Board of San Diego
County Abandoned Vehicle Abatement Service Authority, the following:
Section 1. The Board hereby orders an election and submits to the electors of San
Diego County the question of whether the vehicle registration fee of $1.00, as authorized by the
Vehicle Code sections 9250.7 and 22710 shall be extended for 10 yeazs and paying for costs
incident thereto, as set forth more fully in the ballot measure to be approved under Section 3.
Section 2. 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 Diego's
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Board of Supervisors, by atwo-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 upon voter approval. The aforementioned County and city
resolutions shall be adopted on or before March 9, 2012.
Section 3. The purpose of the election shall be for the voters in San Diego County to
vote on a ballot measure, a full copy of which shall be detailed in the County and city resolutions
referenced in Section 2. The AVA Program Manager, together with Counsel to the Board, aze
hereby authorized and directed to submit the text of the ballot measure to the Registrar of Voters
on or before Mazch 9, 2012.
Section 4. The County Registrar of Voters and the San Diego County Boazd of
Supervisors are hereby requested to consolidate the election with any and all other elections to be
held on June 5, 2012 within San Diego County. The Board of Supervisors of the County of San
Diego is requested to permit the County Registraz of Voters to render all services specified under
law, for which services the Boazd agrees to reimburse the County of San Diego upon full
presentation of a bill for such services.
Section 5. Any and all members of the Boazd are hereby authorized to act as an
author of any ballot argument prepazed in connection with the election referenced herein,
including a rebuttal argument.
Section 6. The AVA Program Manager, or designee, is authorized to take all
administrative actions necessary in furtherance of the orders set forth in this Resolution.
Section 7. Upon approval of this ballot measure by at least 2/3 of the registered
voters voting on the ballot measure, the Boazd will be authorized to impose the AVA Fee and
submit this Resolution, together with certified results of the election, to the Department of Motor
Vehicles to implement the AVA Fee without further Boazd action'to the fullest extent allowed
for by law.
Section 8. This Resolution shall take effect immediately on and after its adoption.
PASSED AND ADOPTED this 9th day of February 2012 by the following vote:
AYES: livben{~~ Minfv~ Dan~y~ llo~nr KUIeG~in~ Z'ci°f'
NOES:
ABSENT: Gjlvane z
APPROVED AS TO FORM AND LEGALITY
THOMAS E. MONTGOMERY, COUNTY COUNSEL
BY: Rachel H. Witt, Senior Deputy
9-6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CONTINUATION OF
PARTICIPATION IN THE SAN DIEGO COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE
UTHORITY (SDCAVASA) PROGRAM AND SUPPORTING
E RESOLUTION OF SDCAVASA TO PLACE AN
IN ATIVE ON THE BALLOT FOR VOTER APPROVAL OF
WHEREAS, sections 710 and 9250.7 of the California Vehicle Code authorized the
establishment of the San Diego County Abandoned Vehicle Abatement Service Authority in
1991 and the imposition of a one ollar ($1) fee on vehicles registered in San Diego County,
referred to as the AVA fee;
WHEREAS, these AVA fees a used exclusively for the abatement, removal, and
disposal of any abandoned, wrecked, dis antled, or inoperative vehicles or vehicle parts as
public nuisances, on private or public propert to combat neighborhood blight and decay;
WHEREAS, Senate Bill 106, Chapter 1 of the Statutes of 2001, amended California
Vehicle Code §§ 9250.7 and 22710 to allow an ext Sion of the AVA fees in increments of up to
10 years;
WHEREAS, Senate Bill 106 requires a county bo d of supervisors, by atwo-thirds vote,
and the cities with the majority of the incorporated po lation within the county to adopt
resolutions approving an extension of the AVA fees;
WHEREAS, the City Council recognizes that its approv of the City of Chula Vista's
inclusion in the AVA program and its receipt of AVA fees is subj t to the approval of a ballot
measure of at least 2/3 of San Diego County registered voters voting a ballot measure;
WHEREAS, the current AVA fee sunsets on April 30, 2012, and°~ie requisite number of
aforementioned resolutions have not been adopted and the ballot measure h not been approved;
WHEREAS, without an extension of the registration fees, authority fo he imposition of
the AVA fees expires on April 20, 2012, and the County and the City of Ch Vista will be
unable to recover a significant portion of the costs of abating nuisance vehicles bandoned on
private or public property.
l-7
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
sreby authorize the following:
S 'on 1. The City of Chula Vista's continuation of participation in the San Diego
County Aban ned Vehicle Abatement Service Authority fee program subject to the approval of
a ballot measure at least 2/3 of San Diego County registered voters voting on a ballot measure.
Section 2. The ity Council's support for the San Diego County Abandoned Vehicle
Abatement Service Autho 's Resolution dated February 9, 2012 entitled "Resolution of the
San Diego County Abandone ehicle Abatement Service Authority To Place An Initiative On
The June 5, 2012 Ballot To Exte Fees Pursuant to Vehicle Code Sections 9250.7 and 22710"
contingent on the approval of Count f San Diego Board of Supervisors by atwo-thirds vote.
Presented by:
Approved as to form by:
David Bejarano Gleri
Police Chief City
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~~~~~S~c~ ~~~~~~~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CONTINUATION OF
PARTICIPATION IN THE SAN DIEGO COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE
AUTHORITY (SDCAVASA) PROGRAM AND SUPPORTING
THE DECISION BY THE SAN DIEGO COUNTY BOARD OF
SUPERVISORS: TO SEND THIS 'ITEM TO THE BALLOT IN
THE FUTURE'SHOULD THEY VOTE TO'DO SO
WHEREAS, sections 22710 and 9250.7 of the California Vehicle Code authorized the
establishment of the San Diego County Abandoned Vehicle Abatement Service Authority in
1991 and the imposition of aone-dollar ($1) fee on vehicles registered in San Diego County,
referred to as the AVA fee;
WHEREAS, these AVA fees are used exclusively for the 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;
WHEREAS, Senate Bill 106, Chapter 175 of the Statutes of 2001, amended California
Vehicle Code §§ 9250.7 and 22710 to allow an extension of the AVA fees in increments of up to
10 years;
WHEREAS, Senate Bill 106 requires a county board of supervisors, by atwo-thirds vote,
and the cities with the majority of the incorporated population within the county to adopt
resolutions approving an extension of the AVA fees;
WHEREAS, the City Council recognizes that its approval of the City of Chula Vista's
inclusion in the AVA program and its receipt of AVA fees is subject to the approval of a ballot
measure of at least 2/3 of San Diego County registered voters voting on a ballot measure;
WHEREAS, the current AVA fee sunsets on April 30, 2012, and the requisite number of
aforementioned resolutions have not been adopted and the ballot measure has not been approved;
WHEREAS, without an extension of the registration fees, authority for the imposition of
the AVA fees expires on April 20, 2012, and the County and the City of Chula Vista will be
unable to recover a significant portion of the costs of abating nuisance vehicles abandoned on
private or public property.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Counci] of the City of Chula Vista
does hereby authorize the following:
Section 1. The City of Chula Vista's continuation of participation in the San Diego
County Abandoned Vehicle Abatement Service Authority fee program subject to the approval of
a ballot measure of at least 2/3 of San Diego County registered voters voting on a ballot measure.
Section 2. The City Council's support for-the decision by the San Diego County Board
of Supervisors to send this issue to the voters for approval of the continuation of the' San Diego
County Abandoned Vehicle Abatement Service Authority fee program at a future :date. should
they vote odo so.
Presented by:
David Bejarano
Police Chief
Approved as to form by:
J ~~' ~ F~2 G ¢ C
Glen R. Googi s
City Attorney