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HomeMy WebLinkAbout91-25 CC OrdinanceORDINANCE NO. 91-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING MOBILE SOURCE AIR POLLUTION REDUCTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City of Temecula hereby finds and declares that: A. WHEREAS, the City is committed to improving the public health, safety and welfare, including air quality; B. WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin; C. WHEREAS, air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; D. 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 Air Act of 1988 by developing and implementing mobile source air pollution reduction programs; E. 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; F. 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; G. 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; Ords 91-25 1 H. 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; I. 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; J. NOW, THEREFORE, BE IT RESOLVED THAT, the City of Temecula, 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; SECTION 2. Intent. 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. SECTION 3. Definitions. As applied in this terms shall be defined as follows: Ordinance, the following words and A. "City" shall mean the City of Temecula 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. his/her designee. "Fee Administrator" shall mean the Finance Director of the City or SECTION 4. 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. Ords 91-25 2 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 2. above. All interest earned by the Trust 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 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. l(a) of the Health and Safety Code. SECTION 5. 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 6. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 8. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 9. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at Ords 91-25 3 which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this 23rd day of July, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] Ords 91-25 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-25 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of July, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of J_ulg, 1991, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ords 91-25 5