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SR-6-B (72) . . ~N7l~ CA:RMM:jld604a/hpca/pc City Council Meeting 6-25-91 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Adding Chapter 7 to Article V of the Santa Monica Municipal Code Relating to Mobile Source Air Pollution Reduction Fees At its meeting on June 18, 1991, the City Council introduced for first reading an ordinance relating to mobile source air pollution reduction fees. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying 1 ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant city Attorney ,- B JUN 2 5 199J - --- --- '" ~ CA:RMM:jld597(hpc(pc Clty Caunell Meetlng 6-25-91 Santa Monica, California ORDINANCE NUMBER 1587 (CCS) - (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 7 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION FEES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1- Chapter 7 is added to Article V of the Santa Monica Municipal Code to read as follows: Chapter 7. MOBILE SOURCE AIR POLLUTION REDUCTION FEES SECTION 5700. Findings and Purpose. The City Council of the City of Santa Monica finds and declares that: (a) The city is committed to improving the public health, safety and welfare, including air quality of the City and surrounding area. (b) Mobile sources such as motor vehicles are a major contributor to air pollution in Santa Monica and throughout the South Coast Air Basin. - 1 - . . ( c) A1r quality goals for the region established by state law cannot be met w1thout reducing air pollution from mobile sources. (d) The South Coast Air Quality Management Plan (f1 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. (e) Such 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. (f) section 44223 of the California Health and safety Code authorizes the South coast Air Quality Management District ( fI SCAQMD n ) 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 - 2 - . l AQMP and provisions of the Cal~fornl.a Clean Air Act. (g) 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 jurisdiction's prorated share of population as defined by the State Department of Finance. (h) 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. (i) 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. . (j) The imposition of the additional motor vehicle registration fee - 3 - . t by the SCAQMD to finance moblle source air pollution reduction programs is in the best l.nterest of the city and promotes the general welfare of its residents. (k) This ordinance is intended to implement the SCAQMD's imposition of the vehicle registration fee and to bring the City into compliance with the requirements set forth ln 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 570l. Definitions. As used in this Chapter, the fOllowing words and phrases shall be defined as follows: (a) "city" shall mean the city of Santa Monica. (b) "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 - 4 - --~ - ---- , . 40460) of Chapter 5.5 of Part 3 of the Cal1fornia Health and Safety Code. (c) "Fee Administratorlt shall mean the Finance Director of the City or his or her designee. SECTION 5702. Administration of Vehicle Registration Fee. (a) 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. (b) 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. (c) Transfer of Funds. 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. - 5 - -- - -- ~ ( d) Expenditure of Alr Quality Trust Fund Revenues. All revenues recelved from the SCAQMD and deposited in the Trust Fund Account shall be exclusl.vely expended on mobile source emission reduction programs as defined in Sectlon 570l above. Such revenues and any interest earned on the revenues shall be expended within one ( l) year of the completion of the programs. (e) 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. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordlnance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. . SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid - 6 - - -- - - --- --- - - . . l or unconstltutional by a declsion of any court of any competent ]urisdictlon, such decision shall not affect the validlty of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of thlS Ordinance. The City Clerk shall cause the same to be published once in the official newspaper wlthin 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: l~' '-.. 0----- ROBERT M. MYERS ( City Attorney . - 7 - -------- ------~ -- , , 1 Adopted and approved this 25th day of June, 1991. q~ /J~{~ t ayor I hereby certify that the foregoing Ordinance No. 1587(CCS) was duly and regularly introduced at a meeting of the city council on the 18th day of June 1991~ that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 25th day of June 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Ka t z , Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: i " I ~- -,"/ ...." -- ,. ! ' - /- . { City Clerk 4