HomeMy WebLinkAboutItem No. 8CITY OF
LADE , LSINOITE
DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FRO M: GRANT YATES
CITY MANAGER
DATE: JANUARY 22, 2013
RE: RESOLUTION AUTHORIZING THE EXTENSION OF THE SERVICE FEE
COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL
MAY 2024
Recommendation
It is recommended that the City Council approve and adopt Resolution No. 2013- OA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED
ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY UNTIL MAY 2024
Background
In 1990, the California State Legislature enacted legislation allowing for the creation of
county -based vehicle service authorities, pursuant to the provisions of Section 22710 of
the California Vehicle Code. In June 1994 the Riverside County Abandoned Vehicle
Abatement Service Authority was formed and imposed a one - dollar annual vehicle
registration fee on vehicles registered to an owner with an address in the County of
Riverside.
The service fees received by the Riverside County Abandoned Vehicle Abatement
Service Authority are used to reimburse local government agencies for a portion of their
cost incurred as a result of the abatement, removal and disposal as public nuisances of
any abandoned, wrecked, dismantled, or inoperative vehicle or parts.
Discussion
Since the establishment of the Abandoned Vehicle Abatement program it has disbursed
$22,952,216 in service fee proceeds to member agencies and caused the abatement of
AGENDA ITEM NO. 8
Page 1 of 11
Resolution Extending AVA Program
January 22, 2013
Page 2
approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles
located in various cities and the unincorporated area of Riverside County.
The City of Lake Elsinore has been an active participant in the abandoned vehicle
abatement service authority. During that time; the City has abated over 5,000
inoperative, abandoned, wrecked or dismantled vehicles and has been reimbursed
more than $400,000 for costs associated with the abatement of inoperative vehicles.
Fiscal Impact
If the City of Lake Elsinore does not participate in the Riverside County Abandoned
Vehicle Abatement program, the City will lose this revenue source in the conservative
average amount of $20,000 annually.
Prepared by: Fred Lopez
Code Enforcement Supervisor
Reviewed by: William Belvin
Building Official
Approved by: Grant Yates
City Manager
Attachments:
1. Exhibit "A "- California Vehicle Code Section 22710
2. Exhibit "B "- Account Activity Log (AVA Reimbursement)
3. Resolution No. 2013 -000
Page 2 of I 1
Service Authority for Abatement of Abandoned Vehicles
California Vehicle Code Section 22710
22710. (a) A service authority for the abatement of abandoned vehicles may be established, and a
one dollar ($1) vehicle registration fee imposed, in a county if the board of supervisors of the county,
by a two- 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 membership of the authority shall be determined by concurrence of the
board of supervisors and a majority vote of the majority of the cities within the county having a
majority of the incorporated population.
(b) The authority may contract and may undertake any act convenient or necessary to carry out a
law relating to the authority. The authority shall be staffed by existing personnel of the city, county, or
county transportation commission.
(c) (1) Notwithstanding any other provision of law, a service authority may adopt an ordinance
establishing procedures for the abatement, removal, and disposal, as a public nuisance, of an
abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public
property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or
assumption by the service authority, of costs associated with the enforcement of the ordinance. Cost
recovery shall only be undertaken by an entity that may be a county or city or the department,
pursuant to contract with the service authority as provided in this section.
(2) (A) The money received by an authority pursuant to Section 9250.7 and this section shall be
used only for the abatement, removal, or the disposal as a public nuisance of any abandoned,
wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property. The
money received shall not be used to offset the costs of vehicles towed under authorities other than
an ordinance adopted pursuant to paragraph (1) or when costs are recovered under Section
22850.5.
(B) The money received by a service authority pursuant to Section 9250.7 and this section that are
unexpended in a fiscal year may be carried forward by the service authority for the abandoned
vehicle abatement program in the following fiscal year as agreed upon by the service authority and
its member agencies.
(d) (1) An abandoned vehicle abatement program and plan of a service authority shall be
implemented only with the approval of the county and a majority of the cities having a majority of the
incorporated population.
(2) (A) The department shall provide guidelines for an abandoned vehicle abatement program. An
authority's abandoned vehicle abatement plan and program shall be consistent with those
guidelines, and shall provide for, but not be limited to, an estimate of the number of abandoned
vehicles, a disposal and enforcement strategy including contractual agreements, and appropriate
fiscal controls.
(B) The department's guidelines provided pursuant to this paragraph shall include, but not be limited
to, requiring each service authority receiving funds from the Abandoned Vehicle Trust Fund to report
to the Controller on an annual basis pursuant to subdivision (c) of Section 9250.7, in a manner
prescribed by the department, and pursuant to an approved abandoned vehicle abatement program.
1 Page 3 of 11
(C) A service authority may carry out an abandoned vehicle abatement from a public property after
providing a notice as specified by the local ordinance adopted pursuant to Section 22660 of the
jurisdiction in which the abandoned vehicle is located and that notice has expired.
(3) After a plan has been approved pursuant to paragraph (1), the service authority shall, not later
than August 1 of the year in which the plan was approved, submit it to the department for review,
and the department shall, not later than October 1 of that same year, either approve the plan as
submitted or make recommendations for revision. After the plan has received the department's
approval as being consistent with the department's guidelines, the service authority shall submit it to
the Controller.
(4) Except as provided in subdivision (e), the Controller shall not make an allocation for a fiscal year,
commencing on July 1 following the Controller's determination to suspend a service authority when a
service authority has failed to comply with the provisions set forth in Section 9250.7.
(5) A governmental agency shall not receive funds from a service authority for the abatement of
abandoned vehicles pursuant to an approved abandoned vehicle abatement program unless the
governmental agency has submitted an annual report to the service authority stating the manner in
which the funds were expended, and the number of vehicles abated. The governmental agency shall
receive that percentage of the total funds collected by the service authority that is equal to its share
of the formula calculated pursuant to paragraph (6).
(6) Each service authority shall calculate a formula for apportioning funds to each governmental
agency that receives funds from the service authority and submit that formula to the Controller with
the annual report required pursuant to paragraph (2). The formula shall apportion 50 percent of the
funds received by the service authority to a governmental agency based on the percentage of
vehicles abated by that governmental agency of the total number of abandoned vehicles abated by
all member agencies, and 50 percent based on population and geographic area, as determined by
the service authority. When the formula is first submitted to the Controller, and each time the formula
is revised thereafter, the service authority shall include a detailed explanation of how the service
authority determined the apportionment between per capita abatements and service area.
(7) Notwithstanding any other provision of this subdivision, the Controller may allocate to the service
authority in the County of Humboldt the net amount of the abandoned vehicle abatement funds
received from the fee imposed by that authority, as described in subdivision (b) of Section 9250.7,
for calendar years 2000 and 2001.
(e) A plan that has been submitted to the Controller pursuant to subdivision (d) may be revised
pursuant to the procedure prescribed in that subdivision, including compliance with any dates
described therein for submission to the department and the Controller, respectively, in the year in
which the revisions are proposed by the service authority. Compliance with that procedure shall only
be required if the revisions are substantial.
(f) For purposes of this section, "abandoned vehicle abatement" means the removal of a vehicle from
public or private property by towing or any other means after the vehicle has been marked as
abandoned by an official of a governmental agency that is a member of the service authority.
(g) 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 been expended.
2 Page 4 of I l
(h) In the event of a conflict with other provisions of law, this section shall govern the disbursement
of money collected pursuant to this section and from the Abandoned Vehicle Trust Fund for the
implementation of the abandoned vehicle abatement program.
Page 5 of 11
Page 6 of 11
RESOLUTION NO. 2013 -008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE
EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF
OF THE RIVERSIDE COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service
Authority was formed on or about June 1, 1994, pursuant to the provisions of California
Vehicle Code §§ 9250.7 and 22710 enacted by the Legislature in 1990 which
authorized the establishment of a service authority and imposition of a service fee on all
registered motor vehicles located within a county; and
WHEREAS, beginning in June 1994 and continuing to the present, the Riverside
County Abandoned Vehicle Abatement Service Authority has been the recipient of
service fees collected on its behalf by the California Department of Motor Vehicles; and
WHEREAS, the service fees received by the Riverside County Abandoned
Vehicle Abatement Service Authority are used to reimburse local governmental
agencies for a portion of their costs incurred as a result of the abatement, removal and
disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative
vehicles or parts thereof; and
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service
Authority apportions and distributes service fee proceeds to each member agency
according to the formula set forth in California Vehicle Code § 22710; and
WHEREAS, since the establishment of the Abandoned Vehicle Abatement
program in June 1994 it has disbursed $22,952,216 in service fee proceeds to member
agencies and caused the abatement of approximately 146,561 abandoned, wrecked,
dismantled, or inoperative vehicles located in various cities and the unincorporated area
of Riverside County; and
WHEREAS, the service fee collected as part of the Abandoned Vehicle
Abatement program is set to expire in May 2014; and
WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7
to allow for an extension of the service fee collected as part of the Abandoned Vehicle
Abatement program in increments of up to 10 years each if the board of supervisors of
the county, by a two- thirds vote, and a majority of the cities comprising a majority of the
population of the incorporated areas within the county adopt resolutions providing for
the extension of the service fee; and
WHEREAS, it is desirable to the City of Lake Elsinore to have the Abandoned
Vehicle Abatement Program continue beyond its current termination date of May 2014.
Page 7 of 11
CITY COUNCIL RESOLUTION NO. 2013 - 008
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinore approves the
extension of the service fee collected on behalf of the Riverside County Abandoned
Vehicle Abatement Service Authority until May 31, 2024.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 2013.
Robert E. Magee, Mayor
City of Lake Elsinore City Council
ATTEST:
Virginia Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
Page 8 of 11
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