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HomeMy WebLinkAbout1937 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 -1- 1937 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. -2- 1937 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 -3- 1937 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' -4- 1937 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