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HomeMy WebLinkAbout054-2021DocuSign Envelope ID: 9D3E2FC2-C80D-4D31-B8A2-26C93617D430 RESOLUTION NO. 54-2021 AUTHORIZING EXTENSION OF THE ABANDONED VEHICLE ABATEMENT PROGRAM AND ASSOCIATED FEE SUBJECT TO VOTER APPROVAL WHEREAS, California Vehicle Code Sections 22710 and 9250.7 authorized the establishment of the Contra Costa County Abandoned Vehicle Abatement Service Authority ("Authority"), which was formed in 1991, and authorized the imposition of a fee on vehicles registered in Contra Costa County ("AVA Fee"); and WHEREAS, collected AVA Fees are used exclusively in the Contra Costa County Abandoned Vehicle Abatement Program ("Program"), to abate, remove, and dispose of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as public nuisances, whether on public or private property, and to combat neighborhood blight and decay; and WHEREAS, the Town of Danville has used fees collected to provide staffing, equipment, and contracted services to abate the blight caused by inoperable or abandoned vehicles; and WHEREAS, California Vehicle Code Sections 22710 and 9250.7 allow an extension of the AVA Fee in increments of up to 10 years; and WHEREAS, California Vehicle Code Sections 22710 and 9250.7 require a County's Board of Supervisors, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the County, to adopt resolutions approving the extension of the AVA Fee; and WHEREAS, Proposition 26, adopted by the voters of California in 2010, defined "tax" in a manner resulting in the classification of the AVA Fee as a special tax subject to voter approval; and WHEREAS, the current AVA Fee sunsets on April 30, 2022, and without an extension of the AVA Fee, the County and cities within the County will be unable to recover a significant portion of the costs of abating nuisance vehicles. RESOLVED that the Danville Town Council hereby: 1. Authorizes the extension of the AVA Fee and extends the authorization for the Authority to collect the AVA Fee, for a period of 10 years, subject to approval by the electors of the County. 2. Authorizes the Authority to order an election for Tuesday, June 7, 2022, and submit to the electors of Contra Costa County the question of whether the Program DocuSign Envelope ID: 9D3E2FC2-C80D-4D31-B8A2-26C93617D430 3. and AVA Fee, as authorized by Vehicle Code sections 9250.7 and 22710, shall be renewed for 10 years, as set forth more fully in the ballot measure below. Measure _. Extension of the Abandoned Vehicle Abatement Program. Shall the measure extending the Contra Costa County Abandoned Vehicle Abatement Program and associated annual fee, at a rate of one dollar per vehicle registered in Contra Costa County and an additional two dollars for certain commercial vehicles registered in Contra Costa County, which is estimated to generate $1,100,000 annually for removing and disposing of abandoned and wrecked vehicles, until April 30, 2032, be adopted? APPROVED by the Danville Town Council at a regular meeting on September 21, 2021, by the following vote: AYES: Arnerich, Fong, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None DocuSigned by: ?n MA 4F385835E14D5 APPROVED AS TO FORM: ATTEST: r--DocuSigned by: gole44 E. 6444.41 CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 54-2021