HomeMy Public PortalAboutOrdinance 703ORDINANCE NO. 703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, ADDING CHAPTER 8.40 TO THE BEAUMONT MUNICIPAL CODE
SUPPORTING THE IMPOSITION OF A VEHICLE REGISTRATION FEE TO
FUND IMPLEMENTATION OF AI•R QUALITY MANAGEMENT PLANS AND
PROVISIONS OF THE CALIFORNIA CLEAN AIR ACT FOR MOBILE SOURCE
AIR POLLUTION REDUCTION.
THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Title 8 of the Beaumont Municipal Code is
hereby amended by adding thereto a new Chapter 8.40 to read as
follows:
CHAPTER 8.40:
Mobile Source Air Pollution Reduction.
8.40.010: Findings: The City of Beaumont hereby finds
and declares that:
(1) WHEREAS, the City is committed to improving the
public health, safety and welfare, including air quality; and
(2) WHEREAS, mobile sources are a major contributor
to air pollution in the South Coast Air Basin; and
(3) WHEREAS, air quality goals for the region
established by state law cannot be met without reducing air
pollution from mobile sources; and
(4) 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; and
(5) WHEREAS, such programs place demands upon the
City's funds, and 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; and
(6) WHEREAS, 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), commencing on April 1, 1991,
increasing to four dollars ($4), commencing on April 1, 1992, to
finance the implementation of transportation measures embodied in
the AQMP and provisions of the California Clean Air Act; and
(7) 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
(8) WHEREAS, the City is located within the South
Coast Air Quality Management District and is eligible to receive a
portion of the revenues from the additional motor vehicle
registration fees contingent upon adoption of this ordinance; and
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Ordinance No. 703
(9) WHEREAS, the prorated share of the fee revenues
for cities that fail to adopt an 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; and
NOW, THEREFORE, BE IT ORDAINED that the City of
Beaumont, 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.
8.40.020. Intent. This ordinance 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.
8.40.030. Definitions. As applied in this ordinance,
the following words and terms shall be defined as follows:
(1) "City" shall mean the City of Beaumont.
(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.
8.40.040. Administration of Vehicle Registration Fee.
(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 and any interest earned on the revenues shall be
expended within one (1) year of the 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 Sections 44244 and
44244.1(a) of the Health and Safety Code.
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Ordinance No. 703
SECTION 2: 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 3: 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 4: Effective Date. This ordinance shall take
effect thirty (30) days after adoption.
MOVED, PASSED AND ADOPTED this 8th day of July
1991.
ATTEST:
MAYOR OF THE CITY OF BEAUM N
APPROVED AS TO FORM:
CITY ATTORNEY
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY
CERTIFY, that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on June 24,
1991, and was duly adopted upon second reading on July 8,
1991, upon the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Member MacNeilage, Parrott and Mayor Connors.
None.
None.
Council Member Leja and McLaughlin.
CITY CLERK, CITY OF BEAUMONT
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