HomeMy WebLinkAbout91-17 - Expenditure of Motor Vehicle Registration Fees; California Clean Air Act of 1988ORDINANCE NO. 91- 17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADDING
CHAPTER XX TO ARTICLE 10 OF THE COSTA
MESA MUNICIPAL CODE PERTAINING TO THE
EXPENDITURE OF MOTOR VEHICLE REGISTRA-
TION FEES PURSUANT TO THE CALIFORNIA
CLEAN AIR ACT OF 1988.
Section 1. The City Council of the City of Costa Mesa
hereby finds and declares that:
WHEREAS, the City of Costa Mesa ("City") is committed to
improving the public health, safety and welfare, including air
quality;
WHEREAS, exhaust from motor vehicles are a major contributor
to air pollution in the South Coast Air Basis;
WHEREAS, air quality goals for the region established by
State law cannot be met without reducing air pollution from
mobile sources such as motor vehicles;
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 reductions 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 greastest extent possible;
WHEREAS, Section 44223, added to the California Health and
Safety Code by action of the California Legislature on September
30, 1990 (Assembly Bill 2766, 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;
WHEREAS, forty cents of every dollar collected under Section
44223 of the Health & Safety Code shall be distributed to cities
and counties located in the SCAQMD that comply with Section 44223
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 SCAQMD 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 44223(b)(3)
of the Health & Safety Code shall be distributed instead to the
jurisdictions within the District that have adopted an ordinance;
and
WHEREAS, the imposition of the additional motor vehicle
registration fee by the SCAQMD to finance mobile source air
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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 COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. Chapter XX is hereby added to Article 10 of
the Costa Mesa Municipal Code to read as follows:
"CHAPTER XX"
MOTOR VEHICLE AIR POLLUTION REDUCTION
Sec. 10-355. Purpose.
This Chapter is intended to support the SCAQMD's imposition
of the motor vehicle registration fee and to establish a fund to
assist the City in complying with the requirements set forth in
Section 44223 of the California Health and Safety Code in order
to receive fee revenues for the purpose of implementing programs
to reduce air pollution from motor vehicles.
Sec. 10-356. Definitions.
(a) "City" shall mean the City of Costa Mesa.
(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
and Section 65089 of the California Government Code.
(c) "Fee Administrator" shall mean the Finance Director of
the City or her designee.
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Sec. 30-357. Administration of Motor Vehicle Registration
Fee.
(a) Receipt of Fee: The additional motor 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 Ouality 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 Ouality 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) of Section 10-
356. Such revenues and any interest earned on the revenues shall
be expended within one (1) year of the completion of the
programs.
(e) Audits: All programs and projects funded by motor
vehicle registration fee revenues received from the SCAQMD
pursuant to Section 44223 of the Health and Safety Code are
subject to an audit to 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 3. Legal Construction.
The provisions of this ordinance shall be construed as
necessary to effectively carry out is purposes, which are hereby
found and declared to be in furtherance of the public health,
safety, welfare and convenience.
Section 4. 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.
Sections. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before
the expiration of fifteen (15) days after its passage, shall be
published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
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this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this JAt day of 1991.
Mayor If the City of Costa Mesa
ATTEST: APP D AS TO FORM:
city Clerk of the City of osta Mesa City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-/17 introduced and
considered section by section at a regular meeting of said City
Council held on the A day o , 1991, and
thereafter passed and adopted as whole at a regular meeting of
said City Council held on the day of , 1991,
by the following roll call vote: QQ �
AYES: COUNCIL MEMBERS: la a��� �IQn� �"'�" / /�+'� , %(4�
NOES: COUNCIL MEMBERS: yam^-'
ABSENT: COUNCIL MEMBERS: i'��(�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this day of
1991.
City Clerk and ex -officio Cle c of
the City Council of the City f
Costa Mesa
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