HomeMy WebLinkAbout2012-33 Vehicle Abatement RESOLUTION NO. 2012-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH REQUESTING THAT THE MENDOCINO COUNTY
BOARD OF SUPERVISORS CALL FOR AN ELECTION ON THE
QUESTION OF RENEWING THE COUNTYWIDE ABANDONED
VEHICLE ABATEMENT FEE TO BE SCHEDULED IN
CONJUNCTION WITH THE NOVEMBER 6,2012,GENERAL
ELECTION.
WHEREAS, the Abandoned Vehicle Abatement Program is a State of California
program,whereby counties and incorporated communities can receive funding to help
defray the costs of removing abandoned vehicles within their jurisdictions; and
WHEREAS, the County of Mendocino established an Abandoned Vehicle
Abatement Authority in 1992 in accordance with the California Vehicle Code, and the
City of Ukiah is a member of that authority; and
WHEREAS, in 1992,Mendocino County imposed a$1.00 per vehicle registration
for the abatement of abandoned vehicles in accordance with Section 22710 of the
California Vehicle Code; and
WHEREAS,the passage of Proposition 26 altered the definitions of"fee" and
"tax"under the California Constitution,and legal counsel has advised that the abandoned
' vehicle abatement fee is now considered a tax; and
WHEREAS, under Proposition 26,the abandoned vehicle abatement fee may only
be extended by voter approval; and
WHEREAS, the Mendocino County Board of Supervisors is requesting that a
majority of the cities containing a majority of the incorporated population adopt
resolutions calling for an election on the question of renewing the countywide
Abandoned Vehicle Abatement Fee; and
WHEREAS, the abatement fee sunseted on April 30, 2012,and can only be
reinstated with voter approval;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Ukiah as follows:
1. That the City of Ukiah desires to continue participation in the Mendocino
County Abandoned Vehicle Abatement Program in accordance with the California
Vehicle Code;
2. That the City of Ukiah Resolution No. 2002-27, which extended the
abatement fee without voter approval, is hereby rescinded;
1
3. That the City Clerk is directed to transmit a certified copy of this
Resolution to the Clerk of the Board no later than July 20, 2012;
9 i
4. That the City Council hereby provides for the establishment of the vehicle
abatement fee authorized by Vehicle Code Section 22710, subject to-approval of the fee
by 2/3 of the voters voting at the statewide presidential election on November 6,2012;
5. That this resolution shall take effect immediately upon its adoption by the
City Council of the City of Ukiah.
PASSED,APPROVED,AND ADOPTED by the City Council of the City of
Ukiah in the County of Mendocino, State of California, on the 18th day of July, 2012, by
the following-vote:
AYES: Councilmember Thomas, Rodin, Baldwin, Crane, and Mayor Landis
NOES.: None
ABSENT: None
ABSTAIN: None
Mary • rif Landis,Mayor
City of U ah
ATT 1
L . B o i ity Clerk
2