HomeMy WebLinkAbout1991-06-11 - ORDINANCES - MOBILE SOURCE AIR POLLUTION (2)ORDINANCE NO. 91-26
„^ AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
AMENDING THE MUNICIPAL CODE
BY ADDING SECTION 10.02 TO TITLE 10
(ENVIRONMENTAL PROTECTION) PERTAINING TO A MODEL
MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE
WHEREAS, the City of Santa Clarita is committed to improving the
public health, safety and welfare, including air quality;
WHEREAS, mobile sources are a major contributor to air pollution in
the South Coast Air Basin;
WHEREAS, air quality goals for the region established by state law
cannot be met without reducing air pollution from mobile sources;
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;
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;
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 ($2.00),
commencing on April 1, 1991, increasing to four dollars ($4.00), commencing on
April 1, 1992, to finance the implementation of transportation measures
embodied in the AQMP and provisions of the California Clean Air Act;
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;
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 that ordinance;
WHEREAS, the City, 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;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
ORDAIN AS FOLLOWS:
SECTION l: Title 10 (ENVIRONMENTAL PROTECTION) of the Municipal Code
is hereby amended by adding thereto a new chapter 10.02 to read as follows:
CHAPTER 10.02: Mobile Source Air Pollution Reduction Ordinance.
10.02.010 Findings. The City of Santa Clarita hereby
finds and declares that this ordinance is intended to support the SCAQMD'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 vehicles.
10.02.020. Definitions. As applied in this ordinance,
the following words and terms shall be defined as follows:
A. "City" shall mean the City of Santa Clarita.
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 Park 3 of the California
Health and Safety Code.
C. "Fee Administrator" shall mean the Director of
Finance of the City or designee.
10.02.030. Administration of Vehicle Registration Fee.
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 interest-bearing trust fund
account in a financial institution authorized to receive deposits of City
funds.
C. Transfer of Funds: Upon receipt of vehicle
registration fees, the Fee Administrator shall deposit such funds into the
separate account established pursuant to Subsection B above. All interest
earned by the Trust Fund Account shall be credited only to that account.
D. 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 Subsection B above. Such revenues and any interest earned on the
revenues shall be expended within one (1) year of the completion of the
programs.
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. 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, welfare and convenience.
SECTION 3. 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 4. Effective Date. This ordinance shall take effect thirty
(30) days after adoption.
SECTION 5. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy to published as required by law.
PASSED AND ADOPTED by the City Council of Santa Clarita at its
regular meeting held on the 11th day of June , 19 91
C*'t l
Carl Boyer, MayotV
City of Santa Clarita
ATTEST:
nna M. Grin ey, City Cler
ity of Santa Clarita
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon, Boyer
NOES: COUNCILMEMBERS: Mone
ABSENT: COUNCILMEMBERS: None
M. Grindey,,�City Clerk
of Santa Clarita
I, Donna
M. Grindey, City Clerk
of the City of
Santa Clarita, do
hereby certify that
the foregoing Ordinance
No. 91-26 was regularly introduced
and
placed upon its first reading at a regular meeting of
the City Council on
the
25th day of
NU , 1991.
That thereafter,
said Ordinance was
duly
adopted and
passed at a regular
meeting of the
City Council on
the
11th day of
June , 1991
by the following
vote, to wit:
AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon, Boyer
NOES: COUNCILMEMBERS: Mone
ABSENT: COUNCILMEMBERS: None
M. Grindey,,�City Clerk
of Santa Clarita