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Res 11-058RESOLUTION NO. 11 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TO CONTINUE PARTICIPATION IN THE SAN DIEGO COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY INTENT TO EXTEND FEES PURSUANT TO VEHICLE CODE SECTIONS 9250.7 AND 22710 WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicle Abatement Service Authority ( "SDAVASA ") in 1991 and the imposition of a $1 fee on vehicles registered in the County of San Diego; and WHEREAS, these sections further impose an additional $2 fee on commercial vehicles registered in the County of San Diego; 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, on private or public property, to combat neighborhood blight and decay; and 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 years; and WHEREAS, Senate Bill 106 requires a County's Board of Supervisors, by a two- 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; and WHEREAS, in 2001, the Poway City Council adopted Resolution No. 01 -099 to allow for a 10 -year extension of the registration fees in 10 -year increments; and WHEREAS, without an extension of the registration fees, authority for the registration fees will expire in April 2012, and the City will be unable to recover a significant portion of the costs of abating nuisance vehicles; and WHEREAS, on October 4, 2011, the City of Poway sent a letter of intent to the SDAVASA stating the City of Poway's continued interest in participating in the program and supporting extension of the SDAVASA service fees; WHEREAS, over the last three fiscal years, the City's revenue from its AVA program has off -set 100 percent of the program costs. NOW, THEREFORE, BE IT RESOLVED by the City Council that the registration fees, as authorized by the State of California, imposed on vehicles registered in the County of San Diego, are extended for 10 years from the date of approval of this Resolution in accord with California Vehicle Code Sections 9250.7 and 22710. Resolution No. 11 -058 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 1st day of November 2011. Don Higginson, May ATTEST: Tina M. White, Deputy City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Tina M. White, Deputy City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 11 -058 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of November 2011 and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Tina M. White, Deputy City Clerk City of Poway