Loading...
5225a ORDINANCE NO. 5225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 14.62 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION. WHEREAS, the City of Anaheim is committed to improving the public health, safety and welfare, including air quality; and WHEREAS, 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 WHEREAS, the South Coast Air Quality Management Plan 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 WHEREAS, to the extent that such programs place demands upon the City of Anaheim's funds, those programs should be financed, to the greatest extent possible, by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand; and WHEREAS, Health and Safety Code Section 44223 authorizes the South Coast Air Quality Management District to impose an additional motor vehicle registration fee of two dollars commencing on April 1, 1991, increasing to four dollars on April 1, 1992, to finance the implementation of transportation measures embodied in the Air Quality Management Plan and provisions of the California Clean Air Act; and 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 44243 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance; and WHEREAS, the City of Anaheim 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; and WHEREAS, the City of Anaheim, after careful consideration, hereby finds and declares that the imposition of the motor vehicle registration fee by the South Coast Air Quality Management District to finance mobile source air pollution reduction programs is in the best interests of the City of Anaheim and its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 14.62 be, and the same is hereby, added to Title 14 of the Anaheim Municipal Code, to read as follows: 1114.62.010 Intent. This ordinance is intended to support the South Coast Air Quality Management District's imposition of a vehicle registration fee to be used to reduce air pollution from motor vehicles, and to comply with the requirements set forth in Section 44243 of the Health and Safety Code in order to make the City of Anaheim eligible to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. 14.62.020 Definitions. As used in this chapter: .010 "City" shall mean the City of Anaheim. .020 "Fee Administrator" shall mean the Finance Director of the City. .030 "Mobile source air pollution reduction program" 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 Health and Safety Code. .040 "SCAQMD" shall mean the South Coast Air Quality Management District. 14.62.030 Administration of Vehicle Registration Fee. Vehicle registration fees disbursed by the SCAQMD to the City pursuant to Health and Safety Code Section 44243 or any successor provision thereto shall be administered as follows: .010 The Fee Administrator shall accept vehicle registration fees disbursed by the SCAQMD to the City. .020 The Fee Administrator shall be responsible for placing all vehicle registration fees received by the City into a separate account as hereinafter specified, to be spent solely to reduce air pollution from motor vehicles. h .030 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 account shall be credited to that account. All expenditures from the Air Quality Improvement Trust Fund shall be used to finance Mobile Source Air Pollution Reduction Programs. 14.62.040 Audits. The City consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fee revenues received under Section 44243 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD. SCAQMD will deduct any costs incurred for the audit from the City's fee revenues." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 4th day of June , 1991. MAY10K OF THE CITY OF EIM ATTEST: ZL�� — CITY CLERK OF THE CITY OF ANAHEIM LAMM:dw ORDRES/O67MOBILE.159 Y STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5225 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of May, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 4th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5225 on the 5th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5225 and was published once in the Anaheim Bulletin on the 14th day of June, 1991. CITY CLERK OF THE CITY OF ANA M