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HomeMy WebLinkAboutOrdinance #3105 ORDINANCE NO. 3105 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON MUNICIPALL BEACH CODE BY ADDING CHAPTER 8 . 50 TO PROVIDE FOR MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE. WHEREAS, the City is committed to improving the public health, safety and welfare, including air quality; and Mobile sources are a major contributor to air pollution in the South Coast Air Basin; and Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources ; and 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 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 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 1 April 1, 1991, increasing to four dollars ($4) , commencing on April 2, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act; and 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 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 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, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 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 1. Title 8 of the Huntington Beach Municipal 2 3105 Code is hereby amended by adding chapter 8 .50 , said chapter to read as follows : Chapter 8 . 50 Mobile Source Air Pollution Reduction Ordinance. 8 . 50 . 010 Intent. This ordinance i°s 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; 8 . 50 . 020 Definitions . As applied in this ordinance, the following words and terms shall be defined as follows : "City" shall mean the City of Huntington Beach. "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 . "Fee Administrator" shall mean the City Treasurer or his designee. 8 .50 .030 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. 3 3105 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 b. above. All interest earned by the Trust Fund 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 exclusively expended on mobile source emission reduction programs as defined in Section 8 . 50 .020 above. Such revenues, and any interest earned, 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 . 1(a) of the Health and Safety Code. The City may audit through the public hearing process designated by Section 44244 . 1(c) of the Health and Safety Code. 4 3105 SECTION 2 . This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of may 1991. - s Mayor ATTEST: APPROVED AS TO FORM: 1� I f City Clerk ,-,,City Attorney N-a-ql REVIEWED AND APPROVED: I�ITIATED AND PPROVED: City Administrator 5 3105 Ord, No. 3105 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 15thday of April 19 91 and was again read to said City Council at a regular meeting therof held on the 6th day of May , 19 91 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council , AYES: Councilmembers: MacAllister winchell, Silva, Green, Kelly, Robitaille_._ Moultan-Patterson NOES: Councilmembers: N ABSENT: Councilmembers: None l Connle &OOkwah CITY CMRK d tha 1*of Hudrigton B"Ch W4 ex-ofto Clerk of s�f * Coundl.do hereby caroty that a-synopsl ordinsnoe has been pubiahed'rn the DailY i'MM as City Clerk and ex-o f f i c' Clerk '19 of the City Council of the City rM�� aid of Huntington Beach, California (KY ' ,