HomeMy WebLinkAboutOrdinance No. 91-O8 ORDINANCE NO. 91-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
STATE OF CALIFORNIA, AMENDING TITLE 11 OF THE AZUSA
MUNICIPAL CODE BY ADDING CHAPTER 11.75, ENTITLED
MOBILE SOURCE AIR POLLUTION REDUCTION
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Title 11 of the Azusa Municipal Code is
hereby amended by adding a new Chapter 11.75 to read as follows:
CHAPTER 11.75 MOBILE SOURCE AIR POLLUTION REDUCTION
11.75.010 FINDINGS. The City of Azusa 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, due to the following:
A. The City is committed to improving the public
health, safety and welfare, including air quality.
B. Mobile sources are a major contributor to air
pollution in the South Coast Air Basin.
C. Air quality goals for the region established by
state law cannot be met without reducing air pollution
from mobile sources.
D. The South Coast Air Quality Management Plan (AQMP)
has called 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;
E. Such programs place demands upon the City's funds,
and 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;
F. 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;
G. 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;
PAGE 1 OF 3
ORDINANCE NO.
PAGE 2 OF 3
H. 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.
11.75. 020 INTENT. This ordinance is intended to
support the SCAQMD's imposition of the vehicle
registration fee to bring the City into compliance with
the requirements set forth in Section 44243 of the
Health and Safety Code in order to receive the fee
revenues for the purpose of implementing programs to
reduce air pollution from motor vehicles.
11.75. 030 DEFINITIONS. As applied in this ordinance,
the words and terms shall be defined as follows:
A. "City" shall mean the City of Azusa.
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 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.
C. "Fee Administrator" shall mean the Finance Director
of the City or his/her designee.
11.75.040 ADMINISTRATION OF VEHICLE REGISTRATION FEE.
The administration of vehicle registration fees shall be
in accordance with this section.
A. Receipt of Fee. The additional vehicle registration
fees disbursed by the SCAQMD and remitted to the City
pursuant to this ordinance, shall be accepted by the Fee
Administrator.
B. Establishment of Air Quality Improvement Trust
Fund. The Fee Administrator shall establish a separate
fund.
C. Transfer of Funds. Upon recipt of vehicle
registration fees, the Fee Administrator shall deposit
such funds into the Air Quality Improvement Trust Fund
established pursuant to Subsection (B) above. All
interest earned by the Trust Fund shall be credited to
that fund.
D. Expenditure of Air Quality Trust Fund Revenues. All
revenues received from the SCAQMD and deposited in the
Trust Fund shall be exclusively expended on mobile
source emission reduction programs as defined in Section
11.75. 030(B) . Such revenues and any interest earned on
the revenues shall be expended within one (1) year of
the completion of the programs.
PAGE 2 OF 3
ORDINANCE NO.
PAGE 3 OF 3
E. 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 2. Severability. 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 3 . The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this 17th day of June , 1991.
46114MAYOR
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA }
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 91-08 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 3rd day of
JunP , 1991. That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 17th day of June , 1991, by the following vote, to
wit:
AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PIM
C Y CLER'
PAGE 3 OF 3
(REB/lmr)