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:
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CITY CLERK OF THE CITY OF ANAHEIM
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ORDRES/O67MOBILE.159
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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