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Home My WebLink AboutORD 1047ORD 1047$Í;¢f4À2 ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY OF BALDWIN PARK SUPPORTING THE IMPOSITION OF ADDITIONAL VEHICLE REGISTRATION FEES TO BE USED TO REDUCE MOBILE SOURCE AIR POLLUTION AND ESTABLISHING A TRUST ACCOUNT FOR THE DEPOSIT OF SUCH FEES BY THE CITY AS RECEIVED FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. A. WHEREAS, the City of Baldwin Park is committed to improving the public health, safety and welfare, including air quality; and, B. WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin; and, C. WHEREAS, air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; and, D. 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, E. WHEREAS, such programs place demands upon the City's funds and should therefore 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 P'. 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), commencing April 1, 1991, increasing to four dollars $4), commencing April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act; and, G. WHEREAS, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Section 44223 of the Code, based upon the jurisdiction's prorated share of population and defined by the State Department of Finance; and, H. WHEREAS, the City of Baldwin Park is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance; and I. WHEREAS, the prorated share of the fee revenue for cities that fail to adopt an ordinance pursuant to Section 44223 b) 3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted an ordinance; and, J. WHEREAS, the imposition of the additional motor vehicle registration fees by the South Coast Air Quality Management District to finance mobile source air pollution reduction programs is in the best interest of the city and promotes the general welfare of its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: BIB] 37651-U01 ORD-U02 1047-U02 LI2-U03 FO4263-U03 FO4390-U03 DO4401-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1047-U05 MAY-U05 15-U05 1991-U05 ORD 1047$Í;¢f4À2 SECTION 1. Municipal Code. The Baldwin Park Municipal Code is hereby amended by adding to Title 3 thereto, Chapter 3.35 Mobile Source Air Pollution Reduction Program Funding) to read as follows: 3.35.010 Intent. This chapter is intended to support the South Coast Air Quality Management District's imposition of the vehicle registration fee surcharge and to bring the City of Baldwin Park into compliance with the requirements set forth in Section 44223 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. 3.35.020 Definitions. As applied in this chapter, the following words and terms shall be defined as follows: A. city" shall mean the city of Baldwin Park. 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 1968 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 Director of Administrative Services of the city or their designee. 3.35.030 Administration of Vehicle Registration Fee Surcharge Program. A. Receipt of Fee: The registration fees disbursed by the South Coast Air Quality Management District and remitted to the city, pursuant to this chapter, shall be accepted by the Fee Administrator. 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 these 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 fees received from the South Coast Air Quality Management District and deposited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Section 3.35.020 B). Such fees, and interest earned on the revenues, 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 fees received from the South Coast Air Quality Management District pursuant to Section 44223 of the Health and Safety Code. SECTION 2. Legal Construction. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. SECTION 3. 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. 2 BIB] 37651-U01 ORD-U02 1047-U02 LI2-U03 FO4263-U03 FO4390-U03 DO4401-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1047-U05 MAY-U05 15-U05 1991-U05 ORD 1047$Í;¢f4À2 SECTION 4. This ordinance shall take effect thirty 30) days after its final passage, and within fifteen 15) days after its passage the City Clerk shall cause it to be published in the Baldwin Park Bulletin, a newspaper of general circulation in the City of Baldwin Park hereby designated for that purpose. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF MAY, 1991. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1047 was regularly introduced and placed upon its first reading at the regular Meeting of the City Council on May 1, 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on May 15, 1991, by the following vote: AYES: MCNEILL, IZELL, GALLEGOS, KEYSER, MAYOR LOWES NOES: NONE ABSENT: NONE ABSTAIN: NONE BIB] 37651-U01 ORD-U02 1047-U02 LI2-U03 FO4263-U03 FO4390-U03 DO4401-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1047-U05 MAY-U05 15-U05 1991-U05