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Home My WebLink AboutORD 1073 (1991)1 2 3 4 G 7 8 9 10 11 12 13 14 1J 1G 17 1~ T9 20 21 22 23 24I 2 ~i 2G 27 28 ORDINANCE NO. 1073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING PART 4 TO CHAPTER 2, ARTICLE 2 OF THE TUSTIN CITY CODE TO ESTABLISH THE AIR QUALITY IMPROVEMENT TRUST FUND. The City Council of the City of Tustin does hereby ordain as follows: Section 1: That the City Council finds and declares that: A. The City is committed to improving the public health, safety and welfare, including air quality. B. Mobile sources are a major contributor to air pollution in the South Coast Air Basin. C. Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources. D. 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. E. To the extent that 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. F. 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), commencing on April 1, 1991, increasing to four dollars ($4.00), commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act. 1 2 3 4 J 6 7 8 9 1(- 11 12 13 14 15 1G 17 18 1~ i 20 2l 22 23 24 i 2~1 2G1 271 281 Ordinance No. 1073 Page 2 G. 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. H. The City of Tustin is located within the South Coast Air Quality Management District and is eligible to receive a portion of revenues from the motor vehicle registration fees upon adoption of this ordinance. I. The City Council of the City of Tustin, after careful consideration, hereby finds and declares that the imposition of the 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 council deems it advisable to adopt this article. Section 2: That Chapter 2, Article 2 of the Tustin City Code is hereby amended by adding Part 4, to read as follows: PART 4 AIR QUALITY IMPROVEMENT TRUST FUND 2240 INTENT This ordinance is intended to support the South Coast Air Quality Management District's imposition of the vehicle registration fee and to bring the City of Tustin 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. 2241 DEFINITIONS As applied in this article, the following words and terms shall be defined as follows: A. "City" shall mean the City of Tustin. B. "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air 1 2 3 4 J 6 7 8 9 lU 11, 12 13 14 15 1G 17 1~ I9 20 2l 22 23 24 25 2G 27 28 Ordinance No. 1073 Page 3 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. C. "Fee Administrator" shall mean the Finance Director of the City or his or her designee. 2242 ADMINISTRATION OF VEHICLE REGISTRATION FEES (A) Receipt of fee: Vehicle registration fees due pursuant to this article disbursed by the South Coast Air Quality Management District and remitted to the City shall be accepted by the Fee Administrator. (B) Transfer of funds: Upon receipt of vehicle registration fees, the Fee Administrator shall be responsible for placement of such funds into a separate account as hereinafter specified. (C) Establishment of Air Ouality 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. Interest earned by the account shall be credited to that account and shall be used to finance mobile source air pollution reduction programs. (D) Audits: The City consents to audits, at least once every two years; of all programs and projects funded by vehicle registration fee revenues provided under Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the South Coast Air Quality Management District in conformance with the provisions of the Single Audit Act of 1984 and the U.S. Office of Management and Budget Circular A-128, Audits of State and Local Governments. The said District may be paid for any audit costs incurred by it from the funds within the Air Quality Improvement Trust Fund. (E) Use of Funds: Funds within the Air Quality Improvement Trust Fund shall be used solely to reduce pollution from motor vehicles and for related planning, monitoring, enforcement and technical studies necessary for the implementation of the California Clean Air Act of 1988 within the City of Tustin. Section 3: The provisions of this ordinance shall be liberally construed to effectively carry out its 1 2 3 4 J G 7 8 9 10 1] 12 13 14 15 1G 17 1~ 10 20 21 22 23 24 25 2G 27 28 Ordinance No. 1073 Page 4 purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 17th d of June, 1991. ~_ ~ ~ MARY WY City C1 k _ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CHARLES E. PUCKETT Mayor SS CERTIFICATION FOR ORDINANCE NO. 1073 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at a regular meeting of the City Council on the 3rd day of June, 1991, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 17th day of June, 1991, by the following vote: COUNCILPERSONS AYES: Puckett, Pontious, Edgar, Potts, Prescott COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: None ~_ ~ Mary E. nn, Ci y Clerk