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Home My WebLink AboutORD 639ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING AN AMENDMENT TO THE HEALTH AND SAFETY MUNICIPAL CODE PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION. WHEREAS, the City is committed to improving the public health, safety and welfare, including air quality; WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin; WHEREAS, air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; WHEREAS, 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; WHEREAS, 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; WHEREAS, Sectio.i 44223, added to the Healthy 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), commencing on April 1, 1991, increasing to four dollars ($4), commencing on April 2, 1992, to finance the implementation of transportation measures embodied in the AQMF and provisions of the California Clean Air Act; WHEREAS, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and countie.3 located in the South Coast Air Quality Management District that comply with Section 44243 of the code, based on the jurislictions' prorated share of population as defined by the State Department of Finance; WHEREAS, the City is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues frc•m the additional motor vehicle registration fees contingent upon adoption of this ordinance; r Ordinance No. 639 WHEREAS, the prorated share of the fee revenues for cities that fail to adopt -n ordinance pursuant to Section 44243(b)(3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted an ordinance; NOW, THEREFORE, be it resolved that, the City of Palm Desert, 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 interest of the city and promotes the general welfare of its residents; Title 8 of the Municipal Code is hereby amended by adding Chapter 8.44 thereto a new Chapter 8.44 to read as follows: Section_ 1. 'Chapter 8.44_ Mobile Source Air Pollution Reduction Ordinance.' Section 2. That Section 8.44.010 Intent be called to read as follows: "8.44.010 Intent. This ,:.rdinance is intended to support the SCAQMD's imposition of the 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 programs to reduce air pollution from motor vehicles. Section 3. That Section 8.44.020 Definitions be added to read as follows: "8.44.020 Definitions. As applied in this ordinance, the following words and terms shall be defined as follows; (1) 'City' shall mean the City of Palm Desert. (2) 'Mobile source air pollution reduction programs' shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with 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. (3) 'Fee Administrator' shall mean the Finance Director of the City or his designee." Section 4. That Section 8.44.030 Administration of Vehicle Registration Fee be added to read as follows: 118.44.030 Administration of Vehicle Registration Fee. Ordinance No. 639 (1) Receipt of Fee: The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City, pursuant to this ordinance shall be accepted by the Fee Administrator. (2) Establishment of Air Quality 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. (3) Transfer of Funds: Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account established pursuant to Subsection (2) above. All interest earned by the Trust Fund Account shall be credited only to that account. (4) Expenditure of Air Quality Trust Fund Revenues. All revenues received from the SCAQMD and deposited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Subsection C(2) above. Such revenues shall be expended within one (1) year of th completion of the programs. (5) Audits: The City consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Section 44244 of the Health and Safety Code. The city may audit(s) through the public hearing process designated by Section 44244-1(c) of the Health and Safety Code." Section 5. Legal Construction. The provisions of this ordinance shall be construed as necessary 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. Section 7. Effective Date. This ordinance shall take effect thirty (30) days after adoption. Ordinance No. 639 PASSED APPROVED and ADOPTED by the City Council of The City of Palm Desert at its regular meeting held on the 9th day of M� 1991, by the f0ll0wiL1g vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE -L _ WALT1 SNYDER, Mayor City - Palm Desert, California SHEILA R. GILLIG, A City Clerk City of alm De rt, California �J