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ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADDING CHAPTER 8 TO ARTICLE 5
THE ARCADIA MUNICIPAL CODE ESTABLISHING A MOBILE
SOURCE AIR POLLUTION REDUCTION ORDINANCE.
WHEREAS, the City of Arcadia is committed to improving the public health,
safety and welfare, including air quality, and
WHEREAS, mobile sources are a major contributor to air pollution in the
South Coast Air Basin, and
WHEREAS, air quality goals for the region established by state law cannot be
met without reducing air pollution from mobile sources, and
WHEREAS, the South Coast Air Quality Management Plan (AQMP) calls
upon cities and counties to reduce emissions from motor vehicles consistent with
the requirements of the California Clean Air Act of 1988 by developing and
implementing mobile source air pollution reduction programs, and
WHEREAS, such programs place demands upon the City's funds, those
programs should be financed by shifting the responsibility for financing from the
general fund to the motor vehicles creating the demand, to the greatest extent
possible, and
WHEREAS, Section 44223, added to the Health and Safety Code by action of
the California Legislature on September 30,1990 (Chapter 90-1705), authorizes the
South Coast Air Quality Management District (SCAQMD) to impose an additional
motor vehicle registration fee of two dollars ($2), commencing on April 1, 1991,
increasing to four dollars ($4), commencing on April 1, 1992, to finance the
implementation of transportation measures embodied in the AQMP and provisions
of the California Clean Air Act, and
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WHEREAS, forty cents of every dollar collected under Section 44223 of the
Health and Safety Code shall be distributed to cities and counties located in the
South Coast Air Quality Management District that comply with Section 44243 of the
code, based on the jurisdiction's prorated share of population as defined by the State
Department of Finance, and
WHEREAS, the City of Arcadia is located within the South Coast Air Quality
Management District and is eligible to receive a portion of the revenues from the
additional motor vehicle registration fees contingent upon adoption of this
ordinance, and
WHEREAS, the prorated share of the fee revenues for cities that fail to adopt
an ordinance pursuant to Section 44243 (b) (3) of the Health and Safety Code shall be
distributed instead to the jurisdictions within the District that have adopted an
ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Chapter 8 is hereby added to Article 5 of the Arcadia
Municipal Code to read as follows:
CHAPTER 8.
AIR POLLUTION REDUCTION
5801. INTENT, This ordinance is intended to support the South Coast Air Quality
Management District's imposition of the vehicle registration fee and to bring the
City into compliance with the requirements set forth in section 44243 of the Health
and Safety Code in order to receive fee revenues for the purpose of implementing
programs to reduce air pollution from motor vehicle.
5802. DEFINmONS. As applied in this ordinance, the following words and terms
shall be defined as follows:
a. "City" shall mean the City of Arcadia.
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b. "Mobile source air pollution reduction programs" shall mean any
program or project implemented by the City to reduce air pollution from motor
vehicles which it determines will be inconsistent with the California Clean Air Act
of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460)
of Chapter 5.5 of Part 3 of the California Health and Safety Code.
c. "Fee Administrator" shall mean the Finance Director of the City or his
designee,
d. "SCAQMD" shall mean the South Coast Air Quality Management
District.
5803, ADMINISTRATION OF VEHICLE REGISTRATION FEE.
5803.1. RECEIPT OF FEE, The additional vehicle registration fee disbursed by the
SCAQMD and remitted to the City, pursuant to this Chapter, shall be accepted by the
Fee Administrator,
5803.2. ESTABLISHMENT OF AIR QUALITY IMPROVEMENT TRUST FUND. The
Fee Administrator shall establish a separate interest bearing trust fund account in a
financial institution authorized to receive deposit of City funds.
5803.3, TRANSFER OF FUNDS, Upon receipt of vehicle registration fees, the Fee
Administrator shall deposit such funds into the separate account established
pursuant to Section 5803,2, All interest earned by the Trust Fund Account shall be
credited only to that account.
5803.4. EXPENDITURE OF AIR QUALITY TRUST FUND REVENUES. All
revenues received from the SCAQMD and deposited in the Trust Fund Account
shall be exclusively expended on mobile source emission reduction programs as
defined in Section 5802.b. above. Such revenues and any interest earned on the
revenues shall be expended within one (1) year of the completion of the programs.
5803.5. AUDITS. The City consents to an audit of all programs and projects funded
by vehicle registration fee revenues received from the SCAQMD pursuant to
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Section 44223 of the Health and Safety Code. The audit shall be conducted by an
independent auditor selected by the SCAQMD as provided in Sections 44244 and
44244.1 (a) of the Health and Safety Code.
5804. LEGAL CONSTRUCTION. The provisions of this ordinance shall be
construed as necessary to effectively carry out its purposes, which are hereby found
and declared to be in furtherance of the public health, safety, and welfare and
convenience, "
Section 2. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published in the official newspaper of said City
within fifteen (15) days after its adoption,
Passed, approved and adopted this 4th day of June, 1991.
ATTEST:
C'
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby
certify that the foregoing Ordinance No. 1937 was passed and
adopted by the City Council of the city of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 4th day of June, 1991 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb
NOES: None
ABSENT: None
ci
of Arcadia
1937