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HomeMy WebLinkAbout22-084WHEREAS, sections 22710 and 9250.7 of the California Vehicle Code authorized the es,ta,blishment ofthe Butte County Abandoned Vehicle Abatement Program ('AVA"), which was formed in 2003 and authorized the imposition ofafee mm vehicles registered in Butte County, referred to as the AVA Fee; and 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,onprivate mrpublic property, to combat neighborhood blight and decay; and WHEREAS, California Vehicle Code sections 9250.7 and 22710 were amended to allow an extension of the registration fees ir increments of up to 10 years; and WHEREAS, sections 22710 and 9250.7 of the California Vehicle Code require a county's board of supervisors, by m two- thirds vote, and the majority of cities with the majority of the incorporated population within the county to adopt resolutions approving amextension ofthe registration fees; aind WHEREAS, Proposition 26 adopted by the voters of California in 2010\ altered the definition of fee and resulted in the claissification of the AVA Fee as a special tax subject to voter approval; and WHEREAS, in 2012 the voters of Butte County passed a ballot measure to extend the 2003 AVA Program for another ten (10) years; and WHEREAS, the AVA Program abated approximately 9,306 abandoned vehicles in Butte County since the program's ioceptior through this funding mechanism, during the last fiscal year there were 368 vehicles abated in the unincorporated areas of th( County; and WHEREAS, the current AVAFee sunsets omDecember 31, 2022,and the County and the Joint Powers Authority nmemiber agencies rely upon this funding mechanism to recover a significant portion of the costs of abating nuisance vehicles; and WHEREAS, the requisite number of cities has submitted resolutions to the Clerk of the Board mfSupervisors seeking neneuva of the AVA Fee and requesting the Board of Supervisors to call for an election thereon, NOW, THEREFORE, BE[TRESOLVED 1. The Board ofSupervisors, bvat|eastatwo-hirdsvotedoesherebvextendtheamthmrizatiomtoopUecttheAVA Fee for aperiod often /1O\years, subject to approval bythe electors mfthe county. 2. The Board hereby orders anelection and submits tmthe electors nfButte County the question nfwhether the AVA Fee, as authorized by Vehicle Code sections 925Q.7 and 22710L shaiM be renewed for 10 years. The question to be submitted to the County voters atsaid election shall be: MEASURE_, Renewal ofthe Abandoned Vehicle Abatement Should the Butte County Abandoned Vehicle Abatement Program and associated fees (one dollar per vehicle and an additional three dollars for certain commercial vehicles) be renewed for a ten year term under California Vehicle Code Sections 9250.7 and 22710, or any successor statutes thereto, for purposes of removal and disposal of abancloned and wrecked vehicles? �� YES «x~) NO [ l 3. The date of the election shall be November Q, 2022, and the election shall be held solely within the boundaries ofButte County. 4. The purpose of the eWactkzo shall be for the voters in Butte County to vote on a measure as described 5. The Butte County Clerk -Recorder isdesignated asthe Elections Official for said 4VAFee election and is, hereby requested to consolidate the election with any and all other elections to be held on November 8, 2022, within Butte County. The Butte County Clerk -Recorder is hereby authorized and directed to provide all notices and Lake all other actions necessary to hold the said election, including (but not limited to) providing notices of times within which arguments for and against the tax measure are to be submitted. The costs ofsaid election are tmbepaid bythe County. 6. Said election shall beheld and conducted pursuant 10the procedures specified |nPart 3mfDivision 10mf the Elections Code commencing at Section 10400. 7. For the purposes of this election the "County Voters" shall include all voters in: the County, including voters in the incorporated areas of the County; �.The Board hereby authorizes and directs the Clerk of the Board of Supervisors to file with the Butte County Clerk -Recorder certified copies of this, resolution. 9i The County Clerk -Recorder shall transmit a copy of the measure to the County Auditor and to County Counsel in accorda:nce with California Elections Code 9160. 10. County Counsel shall prepare an impartial analysis of the measure showing the effect ofthe measure an the existing law and the operation of the measure. The analysis may not exceed 500 words in length and shall befiKedwith the County 0erk-Recordermolater than 5.O8p.m.onAugust 19,2022. m No later than 81 days prior to the election, the Board of Supervisors may direct the County Auditor to reviewthe measure and determine whetherthe substance thereof, if adopted, would affect the revenues or expenditures of the County. The County Auditor shall prepare a fiscal impact statement that estimates the amount mf any increase or decrease in revenues or costs to the County if the proposed measure is adopted. The fiscal impact statement may not exceed 5010, words in length and shall be filed with the County Clerk -Recorder nolater than 5:00pnm.omAugust 191,3022. lZ.Arguments for and against the measure shall be filed inaccordance with this resolution and applicable provisions of law. Arguments for and against the measure shall be submitted to the Butte County Clerk - Recorder on or before 5:00 p�.nn, August 19, 3022. Rebuttal arguments shall be submitted to the Butte County Clerk -Recorder before 5:00 pm., August 26, 2022. Any argument shall not exceed 300 words in length and shall not be signed by more than five persons. Any rebuttal shai|| not emceed 250 words in length and shall not be signed by more than five persons; those persons may be different persons than those who signed the direct arguments. 13, Any and aiN members of the Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election referenced herein, including a rebuttal argument. 14. The County Administrative Officer, ordesignee, isauthorized totake all administrative actions necessary to accomiplish the orders set forth in this Resolution. 15. Upon completion of the vote count for this meosure the Butte County Clerk -Recorder will prepare a certified statement of the results of the election and submit it to the Board of Supervisors. The Board of Supervisors will declare the resu|toofthe election astmthis measure. 16. Upon approval Vfthis measure bvatleast two-thirds mf the registered voters voting omthe measure, the Board will be authorized to impose the AVA Fee and submit this Resolution, together with certified results mfthe election, tothe Department of Motor Vehicles to implement the charge without further action for anadditional ten years. 17, This Resolution shall take effect on and after its adoption. PASSED AND ADOPTED by the Butte County Board of Supervisors this 14th day of June 3022, by the following AYES, Supervisors Lucmn,Ritter, Nrnnne|shue,Teeter and Chair Connelly NOES: None ABSENT:Nmne ABSTAIN: None Bill Connelly, Chair Butte County Board of Supervisors ATTEST Andy Pickett, Chief Administrative Officer