HomeMy WebLinkAbout449 - Ordinances ORDINANCE NO. 449
AN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF RANCHO
C%r. AMDNGA, CALIFORNIA, ESTABLISHING A ~DBIIP. SOURCE AIR
POLLUTION REDUCTION PROGRAM
A. Findinqs. Tne City of Rancho Cucamonga hereby firr~ and declares
that:
WHEREAS, the City is c~m:dtted to improving the public health, safety
and welfare, including air quality; and
WHEREAS, mobile sources are a major contributor to air pollution in
WHERFAS, air quality goals for the region established by state law
cannot be met reducing air pollution frc~ mobile sources; and
WHBRFAS, the South Coast Air Quality Management Plan (AQMP) calls
upon cities and counties to reduce emissions frc~ 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
WHERFAS, such programs place demands upon the City's funds, those
programs should be financed by shifting the responsibility for financing frc~n
the general fund to the motor vehicles creating the d~, 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 dollars ($2.00),
cu~t.,,encing on April 1, 1991, increasing to four dollars ($4.00), ccmmpalcing on
April 1, 1992, to finance the implementation of transportation measures
embodied in the AQMP and provisions of the California Air ~Et; and
WHERFAS, 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 (SCAQMD) that comply with
Section 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 distrikuted instead to the jurisdictions within the District
that have adopted an ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby ordain, find and declare that after careful consideration the imposi-
tion of the additional motor vehicle registration fee by the SCAQMD to f~
mobile source air pollution reduction programs is in the best interest of the
city and promotes the general welfare of its residents.
OrdinanceNo. 449
Page 2
B. 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.
C. Definitions. As applied in this Ordinance, the following words
and terms shall be defined as follows:
(1) "City" shall mean City of Rancho Cucamonga.
(2) '~obile 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 bet of 1988 or the plan proposed pursuant to Article 5 (~ing
with Section 40460) of Chapter 5.5 of Part 3 of the California Health and
Safety Code.
(3) "Fee Administrator', shall mean the F~ Director of the
City or h~m deeignee.
D. Administration of Vehicle Reqistration Fe~.
(1) 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.
(2) 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.
(3) Transfer of Funds. Upon receipt of vehicle registration
fees, the Fee Administrator shall deposit funds into the separate account
est~_blished pursuant to Subsection (2) above. All interest eanmd by the
Trust Fund Account shall be credited only to that account.
(4) Expenditure of Air Quality Trust FUnd Revem~,~. All
revenues received from the SCRCM3 and deposited in the Trust Fund Aocount
shall be exclusively expended on mobile source emission reduction programs as
defined in Subsection C (2) above. S~,~ch revenues and any interest earned on
the revenues shall be expended within one (1) year of the completion of the
(5) Audits. The City consents to an audit of all programs and
projects funded by vehicle registration fee revenues received frun the SC~pD
pursuant to Section 44223 of the Health and Safety Code. The audit shall be
conducted by an independent auditor selected by the SCA~MD as provided in
Sections 44244 and 44244.1(a) of the Health and Safety Code.
Ordinance No. 449
Page 3
E. Le=al Construction. Ihe provisions of this Ordinance shall be
construed as necessary to effectively carry out its purposes, which are hereby
found and declared to be in furth~ of the public health, safety, welfare
F. Severability. Should any sentence, section, clause, part or
provision of this Ordinance be declared by a court of cc~petent 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.
G. Effective Date. This Ordinance shall take effect thirty (30)
days after adoption.
SECTION 1: Tne Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in the Inland Valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated. in the City of Rancho Cucamonga, California.
PASSED, APE, and ADOPTED this 3rd day of July, 1991.
AYES: Al~er, Buquet, Stout, Williams, Wright
NOES: None
ABSENT: None ~~j~ ~~
Dennis L. Stout, Mayor
Dabra J. AaaNW, City Clerk
I, D~RRA J. ADAMS, C/TY C~.k~K Of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the
19th day of June, 1991, and was finally passed at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 3rd day of July,
1991.
Ordinance No. 449
Page 4
Executed this 5th day of July,, 1991 at Rancho Cucamonga, California.