HomeMy Public PortalAboutOrd. 1365
ORDINANCE NO. 1365
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD, CALIFORNIA ADDING
SECTION 9-5 RELATING TO MOBILE
SOURCE AIR POLLUTION REDUCTION
THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DOES ORDAIN
AS FOLLOWS: ,. ,
SECTION 1: Section 9-5 of the Lynwood Municipal Code is
hereby added as follows:
9-5 MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE.
9-5.1 Findings: The City of Lynwood hereby finds and
declares that:
(1) Whereas, the City is committed to improving the public
health, safety and welfare, including air quality;
(2) Whereas, mobile sources are a major contributor to air
pollution in the South Coast Air Basin;
(3) Whereas, air quality goals for the region established
by state law cannot be met without reducing air pollution from
mobile sources;
(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;
(5) 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;
(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;
(7) Whereas, forty cents
Section 44223 of the Health and
to cities and counties located
of every dollar collected under
Safety Code shall be distributed
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) 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;
(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;
(10) Now, therefore be it resolved that, the City, 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;
9-5.2 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.
9-5.3 Definitions As applied in this ordinance, the following
words and terms shall be defined as follows:
(1) "City" shall mean the City of Lynwood.
(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
prcposed pursuant tc 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.
9-5.4 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 puality 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 accoant.
(4) Expenditure of Air puality 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 4423 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.
c- _»
SECTION 2. Legal Construct;ion.,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 of 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
hereof, other than the part declared to be invalid.
SECTION 4. The City Clerk shall certify to the passage
of this ordinance and shall cause same to be published once in
the Lynwood Press within fifteen (15) days after its passage and
said ordinance shall become effective thirty (30) days after its
passage.
INTRODUCED this 15th day of October , 1991.
PASSED, APPROVED AND ADOPTED this 15th day of
October 1991.
ROBERT HENNING, AYOR
City of Lynwood
ATTEST:
Andrea L. Hooper, City lerk of
the City of Lynwood, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF LYNWOOD ~
I, ANDREA HOOPER, City Clerk of the City of Lynwood,
California do hereby certify that the foregoing ordinance was
duly and regulary adopted, passed and approved by the City
Council of the city of Lynwood, California, at a regualar
meeting of said City Council held at the regular meeting place
thereof on the 15th day of nrtobe* 1991 by the
AYES: COUNCILMEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
EXCUSED: NONE
Dated this 16th day of nrtnhPr
1991
Andrea Hooper, City C~1
APP V TO FORM:
C~ Attorney
APPRO/VED AS ~'O CONTENT:
Michael Heriot
City Manager