HomeMy WebLinkAboutORD-18-91 Mobile Source Air Pollution Reduction Program FundORDZBANCE BO. 18-
91 AN ORDZIfAHCE OF THE CZTY COUJICZL OF
THE CZTY OF ORANGE ESTABLZSHZBG A MOBZLE
SOURCE AZR POLLUTZOB REDUCTZOB PROGRAM
FUJID.WHEREAS, the City 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 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 jurisdictions' prorated
share of population as defined by the State Department of
Finance; and WHEREAS, the city 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;
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; and
WHEREAS, the city council of the city of Orange, after
careful consideration, hereby finds and declares that the
imposition of the additional motor vehicle registration fee by
the SCAQMD to finance mobile source air pollution reduction
programs is in the best interest of the City and promotes the
general welfare of its residents; and
NOW, THEREFORE, the city council of the City of Orange
does ordain as follows:
section I:
A new Chapter 3.30 is hereby added to the Orange
Municipal Code to read as follows:
3.30.010 - Purpose. This ordinance is intended to support
the SCAQMD's imposition of the vehicle registration fee
and to bring the City into compliance with the require-ments
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 vehicles.
3.
30.020 - Definitions. As applied in this ordinance,the following
words and terms shall be defined as follows:1) "city"
shall mean the City of Orange,2) "Fee
Administrator" shall mean the Finance Director of the
city or his designee.3) "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
consistent 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.4) "SCAQMD"
shall mean the South Coast Air Quality Management District
or its successor with jurisdiction over the land
area of the city of Orange and its sphere of influence.3.
30.
030 - Administration of Vehicle Reaistration Fee.1) Receiot of
Fee: The additional vehicle registration fees disbursed by
the SCAQMD and remitted to the City,2
pursuant to this ordinance, shall be accepted by the Fee
Administrator.
2) Establishment of Air Oualitv Improvement Trust Fund:
The Fee Administrator shall establish a separate interest-
bearing trust fund account in a financial institution
authorized to receive deposits of city funds.
3) Transfer of Funds: Upon receipt of vehicle
registration fees, the Fee Administrator shall deposit funds
into the separate account established pursuant to Subsection
2) above. All ,~nterest earned by the Trust Fund Account
shall be credited only to that account.
4) Expenditure of Air Oualitv 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 Sub-section C(
2)above. Such revenues and any interest earned on the
revenues shall be expended within one (1) year of the completion of
the
programs.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 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.section
II:Leqal Construction. The prov~s~ons 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, welfare
and
convenience.section
III:Severabilitv. Should any sentence, section, clause,
part or provision of this ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall
not affect the validity of the ordinance as a whole, or any
part thereof, other than the part declared to be
invalid.section
IV:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall
be posted in the Office of the city Clerk at least five (5)
days prior to the city Council meeting at which this Ordinance
is to be adopted. A summary of this Ordinance shall also
be published once within fifteen (15) days after this Ordinance'
s passage in the Orange City News, a newspaper of
general 3 Ord No.
circulation, published, and circulated in the city of Orange.
The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance
along with the names of those City Council members voting for
and against the Ordinance in accordance with Government Code
section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its final passage.
Adopted this 18th day of June , 1991.
nge
ATTEST:Ck~;
U#/4V city
Cle 0 ece1ty of Orange STATE
OF CALIFORNIA)COUNTY
OF ORANGE )CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange,California,
do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the city Council held
on the 11th day of June ,1991, and thereafter at the
regular meeting of said City Council duly held on the LtJday
of June , 1991, was duly passed and adopted by the following vote,
to wit:AYES:COUNCIL
MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES:COUNCIL
MEMBERS: NONE ABSENT:COUNCIL
MEMBERS: NONE ABSTAIN:COUNCIL
MEMBERS: NONE c1'~~~~City
erkthCfiy of Orange Ord No.
18-91 4
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