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HomeMy WebLinkAbout91-23 - Establishing a Special Fund to Receive Revenue Disbursed by the South Coast Air Quality Management District and Remitted to the City for the Purpose of Implementing Programs to Reduce Air Pollution from Motor VehiclesC� C� is ORDINANCE NO. 91- 23 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A SPECIAL FUND TO RECEIVE REVENUE DISBURSED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND REMITTED TO THE CITY FOR THE PURPOSE OF IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. The City is committed to protecting the public health, safety, and welfare which includes aspects involving air quality. B. As identified by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP), mobile sources are a major contributor to air pollution in the South Coast Air Basin (SCAB). C. As determined by the SCAQMD and expressed in the AQMP, state and federal ambient air quality standards for the SCAB cannot be met without reducing air pollution from mobile sources. D. Cities and counties have the opportunity to implement programs and projects that reduce air polluting emissions from mobile sources in order that the SCAB attain state and federal ambient air quality standards as required by the California Clean Air Act of IM E. Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990 (Chapter 90- 1705), authorizes SCAQMD to impose an additional motor vehicle registration fee to finance the implementation of mobile source air pollution reduction programs necessary to attain state and federal ambient air quality standards as required by the California Clean Air Act of 1988. F. To the extent possible, the financial burden of local implementation of mobile source air pollution reduction programs should be shifted from the general fund to the revenues collected by the additional motor vehicle registration fee. 1 G. For cities and counties located within the jurisdiction of the SCAQMD that comply with Section 44243 of the Health and Safety code, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to the cities and counties on the basis of the jurisdiction's prorated share of population as defined • by the State Department of Finance. H. Cities and counties that fail to adopt an Ordinance pursuant to Section 44243(b) of the California Health and Safety Code shall have the fee revenues which would be distributed to that city or county distributed to the other cities and counties within the jurisdiction of the SCAQMD which have adopted an ordinance pursuant to Section 44243(b) based on their prorated share of registered motor vehicles. I. The City is located within the jurisdiction of the SCAQMD and is eligible to receive a portion of the revenues from the additional motor vehicle registration fee upon adoption of this ordinance. J. The City, after careful consideration, hereby finds and declares that the imposition of the additional motor vehicle registration fee by the SCAQMD to finance • mobile source air pollution reduction programs, is in the best interests of the general welfare of the City and its residents. Therefore, the City deems it is advisable to adopt the Ordinance as herein set forth. SECTION 2: Intent. The intent of this ordinance is to establish a special fund to receive revenue distributed by the SCAQMD, to support the SCAQMD's imposition of the additional 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 mobile source air pollution reduction programs. SECTION 3: Definitions. A. "City" shall mean the City of Newport Beach. B. "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles pursuant to 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. 7 C. 'Fee Administrator" shall mean the Finance Director of the City or the Finance Directors designee. SECTION 4: Administration A. Receipt of Fee. Vehicle registration fees due pursuant to this ordinance, • disbursed by the SCAQMD, and remitted to the City shall be accepted by the Fee Administrator. B. Transfer of Funds. Upon receipt of the City's share of the additional vehicle registration fees, the Fee Administrator shall deposit the fees into a separate account as specked in (C) below. C. Establishment of Air Quality Improvement Trust Fund. The Fee Administrator shall establish a separate interest - bearing air quality improvement trust fund account in a financial institution authorized to receive deposits of City funds. Interest earned by the fees in this account shall be credited only to this account. D. Use of Funds. The fees deposited in and interest credited to the air quality improvement trust fund account shall only be used for the financing of mobile source air • pollution reduction programs or projects. E. Audits. The City consents to providing the findings of its annual independent audit for mobile source air pollution reduction programs and projects financed by the additional motor vehicle registration fee. The audit of those programs and projects shall be conducted in accordance with the procedure established to fulfill the audit requirement under Section 44244.1 of the Health and Safety Code. F. Appeals. The City shall have the right to appeal the findings and determinations made as a result of the SCAQMD audit procedure through the public hearing process described in Section 44244.1(c) of the Health and Safety Code. SECTION 5: Liberal Construction. The provisions of this ordinance shall be liberally construed 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 6. 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. 3 • r� L • SECTION 7. Effective Date. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 28th _ day of May 1991, and was adopted on the 10th day of June , 1991, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE ATTEST LD\AIRQ\REVENURORD rd