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:
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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
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Deputy City Clerk
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