Ordinance No. 699 - Reduce Air PollutionORDINANCE 699
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD REQUESTING THE USE OF
MOTOR VEHICLE REGISTRATION FEES TO FUND
PROGRAMS TO REDUCE AIR POLLUTION FROM
VEHICULAR SOURCES, ESTABLISHING AN AIR
QUALITY IMPROVEMENT TRUST FUND, AND
RESTRICTING THE USE OF MONIES DEPOSITED
INTO SAID FUND.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Findings: Whereas, the City is committed to
improving the public health, safety and welfare, including air
quality; and
Whereas mobile sources are a major contributor to air
pollution in the South Coast Air Basin; and
Whereas, air quality goals for the region established
by state law cannot be met without reducing air pollution from mobile
sources; and
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; and
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; and
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 dolars ($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
• AQMD and provisions of the California Clean Air Act; and
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; and
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; and
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.
Ord. 699
Pg. 2
Section 2. Article V of the Municipal code is hereby amended.by
adding thereto a new Chapter 7 to read as follows:
5701
Intent. This "CHAPTER 7 AIR QUALITY" ordinance `is
intended to support the South Coast Air Quality Management
District's (SCAQMD) 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.
5702 Definitions: As applied in this ordinance, the following
words and terms shall be defined as follows:
(A) 'City' shall mean the City of Rosemead.
(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.
(C) ..'Fee Administrator' shall mean the City Manager of the
City or his designee.
5703. Administration of Vehicle Registration 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.
The Fee Administrator shall establish a separate
interest-bearing trust fund account in a financial
institution authorized to receive deposits of City funds.
Upon receipt of vehicle registration fees, the Fee
Administrator shall deposit such funds into said
established separate account. All interest earned by the
Trust Fund Account shall be credited only to that
account. 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
section 5702B above. 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 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.
Section 5. Effective Date. This ordinance shall take effect
thirty (30) days after adoption.
PASSED APPROVED and ADOPTED by the City Council of the City of
Rosemead at its regular meeting held on the 10th. day of March
1992.
Pltf 1VR
I hereby certify that the foregoing Ordinance No.
699 was introduced at a regular meeting the City
ATTEST:, Council of the City of Rosemead held on the 25th
day of February, 1992,'and was duly adopted by said
City Council at their regular meeting held.on the
/ J 10th day of March, 1992, by the following vote:
City Clerk Yes: Bruesch, Clark,: McDonald
No: Taylor Absent: None Abstain: Imperial
CI CLERK