HomeMy WebLinkAbout1387 - ORDINANCES - 7/17/1991 ORDINANCE NO. 1387
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 3.36, MOBILE SOURCE
AIR POLLUTION REDUCTION ORDINANCE, TO THE PALM
SPRINGS MUNICIPAL CODE.
WHEREAS, the City is committed to improving the public health, safety
and welfare, including air quality; and
WHEREAS, mobile air pollution sources are a major contributor to air
pollution in the South Coast Air Basin and Southeast Desert Air Basin;
and
WHEREAS, air quality goals for the region established by Federal and
State law cannot be met without reducing air pollution from mobile sources;
and
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
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; and
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 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
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 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
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
WHEREAS, the City Council after careful consideration, hereby finds and
declares that the imposition of the additional motor vehicle registration
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.
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Ord
Page1287
The City Council of the City of Palm Springs, California, does ordain
as follows:
SECTION 1. Title 3 of the Palm Springs Municipal Code is hereby amended
by adding thereto a new Chapter 3.36 entitled "Mobile Source Air Pollution
(Reduction Fees and Charges" 'to read as follows:
Section 3.35.010. Purpose. This ordinance is intended to support the
South Coast Air Quality Management District (SCAQMD) 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 3.36.020 Definitions. As applied in this chapter, the following
words and terms sha11 be defined ra!; follows:
(1) "City" shall mean the City of Palm Springs.
(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.
(4) "Trust Fund Account" shall mean the interest bearing trust fund
account hereunder.
Section 3.36.030 Administration of Vehicle Registration Fee. (a) The
additional vehicle registration fees disbursed by the SCAQMD and remitted
to the City, pursuant to this chapter, shall be accepted by the Fee
Administrator.
(b) 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.
(c) Upon receipt of vehicle registration fees, the Fee Administrator
shall deposit such funds into the separate account established
pursuant to Subsection (b) above. All interest earned by the Trust
Fund Account shall be credited only to that account.
(d) 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 3.36.020(2) above.
Such revenues and any interest earned on the revenues shall be
expended within one (1) year of the completion of the programs.
Ord 1387
Page 3
(e) 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.
SECTION 2. 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 3. Effective Date. This ordinance shall take effect thirty
30 days after adoption.
SECTION 4. Publication. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause
the same or a summary thereof or a display advertisement,
duly prepared according to law, to be published in accordance
with law.
ADOPTED this 17th day of July , 1991.
AYES: Councilmembers Hodges, Murawski , Neel and Mayor pro tem Broich
NOES: None
ABSENT: Mayor Bono
ATTEST: CITY OF PALM SPR,INGS, CALIEORN-PA
i Clerk 'Mayor
REVIEWED & APPROVED:
i HEREBY CERTIFY that the foregoing Ordinance 1387 was duly
adopted by the City Council of the City of Palm Springs,
California, in a meeting held on the 17th day of July, 1991,
and that same was duly published in the DESERT SUN, a newspaper
of general circulation on July 20, 1991.
DITH S ,
City Clerk
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