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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.