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HomeMy WebLinkAboutNS-2128 - Adding Article XVI to Chapter 13 of Santa Ana Municipal Code to Establish the Air Quality Improvement Trust Fund ,361 REL: 5/14/91 ORDINANCE NO. NS- 2128 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XVI TO CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH THE AIR QUALITY IMPROVEMENT TRUST FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered XVI, to Chapter 13, which article consists of sections to be numbered 13-150 through 13-153 and reads as follows: ARTICLE XVI. AIR QUALITY IMPROVEMENT TRUST FUND Sec. 13-150. Findings. The city council of the City of Santa Ana hereby finds and declares that: (l) The city is committed to improving the public health, safety and welfare, including air quality. (2) Mobile sources are a major contributor to air pollution in the South Coast Air Basin. (3) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources. (4) 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. (5) 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. (6) 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 1 ORDINANCE NS-2128 PAGE 2 ,863 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. (7) 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. (8) The city of Santa Ana 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. (9) The city council of the City of Santa Ana, 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. Sec. 13-151. 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 Santa Ana 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. Sec. 13-152. Definitions. As applied in this article, the following words and terms shall be defined as follows: (l) "city" shall mean the City of Santa Ana. (2) "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 2 ORDINANCE NS-2128 PAGE 3 il6,5 Code. (3) "Fee Administrator" shall mean the Executive Director of Finance and Management Services of the City or his or her designee. Sec. 13-153. 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 Qua1itv 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) Use of Funds: Funds within the Air Quality Improvement Trust Fund shall be used solely to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the South Coast Air Quality Management Plan. (e) Audits: The City consents to audits of all programs and projects funded by vehicle registration fee revenues in accordance with section 44244.1 of the Health and Safety Code of the state of California. SECTION 2: 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 3: 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 Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or 3 ORDINANCE NS-2128 PAGE 4 367 more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 17th day of June 1991. ATTEST: ~--- y,~ ice C. Guy Clerk of the Coun i COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Ayf' Ayf' Ayf' Ayf' Ayf' Ayf' Ayf' APPROVED AS TO FORM: a~~ Edward J. Coo r City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the council, do hereby certify the attached Ordinance N 5- .;J./.JK to be the original ordinance ,- adopted by the City Council of the city of Santa Ana on C?-n-'1/ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. 11ft lerk of the Counc City of Santa Ana