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HomeMy WebLinkAbout454ORDINANCE NO. 454 AN ORDINANCE OF THE CITY OF IRWINDALE ADDING CHAPTER 3.06 TO TITLE 3 OF THE IRWINDALE MUNICIPAL CODE TO PROVIDE ADMINISTRATION OF ADDITIONAL VEHICLE REGISTRATION FEES TO BE USED FOR AIR QUALITY IMPROVEMENT PURPOSES,, AND ESTABLISHING A TRUST FUND FOR THE DEPOSIT OF THE CITY'S SHARE OF SUCH FEES RECEIVED FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT THE CITY C�UNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN: 1 SECTION 1. The City of Irwindale hereby finds and declares that: A. IThe City is committed to improving the public health, safety, and welfare, including air quality, and expresses support for the imposition of motor vehicle registration fees to be used to reduce pollution from such motor vehicles pursuant to the Clean Air Act of 1988 or any applicable State plan therefore; 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 (SCAQMP) 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; E. Since 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; F. Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990, 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 SCAQMP 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 City's prorated share of population as defined by the State Department of Finance; Ordinance No. 454 Page 2 :;. The City of Irwindale is located within the Coast Air Quality Management District and is eligible to South receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance; I. 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; SECTION 2. Chapter 3.06 of Title 3 of the Irwindale Municipal Code is hereby added to read as follows: Chapter 3.06 Air Quality Improvement Fund 3.06.010 Definitions. For the purposes of this chapter, the following words and terms shall be defined as follows: A. "City" shall mean the City of Irwindale. 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 Capter 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. 3.06.020 Administration of Fees and Trust Fund. A. The additional vehicle registration fee disbursed by the SCAQMD and remitted to the City for purposes of reduction of air pollution pursuant to Health and Safety Code Section 44243, shall be accepted by the Fee Administrator. B. The Fee Administrator shall establish a separate Air Quality Improvement Trust Fund into which all fee revenues distributed to the City shall be deposited, and out of which expenditures shall be made to reduce air pollution in accordance with California Health and Safety Code Section 44243. C. Upon receipt of the funds described in subsection A. above, the Fee Administrator shall deposit such funds into a separate fund established pursuant to subsection B. above. All interest earned by the Trust Fund shall be credited only to that fund. D. All revenues received from the SCAQMD and deposited in the Trust Fund shall be exclusively expended on mobile source air pollution reduction programs. Such revenues, and any interest earned on the revenues, shall be expended within one year of the completion of the program. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published according to law. Tit 308 Ordinance No. 454 Page 3 APPROVED, PASSED and ADOPTED 1991. s 19th September, I, Deputy CiW Clerk, do hereby certify that the foregoing Ordinance, being Ordinance No. 454, was introduced at a regular meeting of the City Council of the City of Irwindale held on September 12, 1991, and was approved on first reading, and was duly approved, passed and adopted on second reading at the adjourned regular meeting held September 19, 1991 by the following vote of the Council: AYES: Councilmembers Barbosa, Diaz, Miranda, Chico, and Mayor Hernandez NOES: None ABSTAIN: None ABSENT: None f Deputy City Clerk tot