Ordinance - 1879ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADMINISTRATING THE
• IMPOSITION OF ADDITIONAL VEHICLE REGISTRATION
FEES TO BE USED FOR AIR QUALITY IMPROVEMENT
PURPOSES, AND ESTABLISHING A TRUST ACCOUNT FOR
THE DEPOSIT OF THE CITY'S SHARE OF SUCH FEES
RECEIVED FROM THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT.
The City Council of the City of West Covina does ordain
as follows:
SECTION 1. Findings. The City of West Covina hereby
finds and declares that:
A. The City is committed to improving the public health,
safety and welfare,, including air quality, and expresses
support for the imposition of motor vehicle registration
fees to be used to reduce pollution from such motor vehicles
pursuant to the Clean Air Act of 1988 or any applicable
State plan therefore;
B. Mobile sources are a major contributor to air
pollution in the South Coast Air Basin;
C. Air quality goals for the region established by
state law cannot be met without reducing air pollution
from mobile sources;
D. 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
(41 California Clean Air Act of 1988 by developing and implement-
ing mobile source air pollution reduction programs;
Ordinance 1879
E. Since 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;
F. 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 add-
itional motor vehicle registration fee of two dollars ($2),
commencingon 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;
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 jurisdictions' prorated share of population
as defined by the State Department of Finance;
H. The City of West Covina 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;
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Ordinance 1879
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Section 2. Definitions. As applied in this ordinance,
the following words and terms shall be defined as follows:
A. "City" shall mean the City of West Covina.
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 40460) of Chapter 5.5 of Part 3 of the California
Health and Safety Code.
C. "Fee Administrator" shall mean the Finance Director
of the City or his designee.
Section 3. Administration of Vehicle Registration Fee:
A. Receipt of Fee: The additional vehicle registration
fee disbursed by the SCAQMD and remitted to the City, for
purposes of reduction of air pollution pursuant to Health
and Safety Code Section 44243, shall be accepted by the
Fee Administrator.
B. Establishment of Air Quality Improvement Trust Fund:
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. Transfer of Funds: Upon receipt of the funds
described in "A" above, the Fee Administrator shall deposit
such funds into the separate account established pursuant
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Ordinance 1879
to Subsection "B" above. All interest earned by the Trust
Fund Account shall be credited only to that account.
• D. 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 air pollution reduction programs. Such
revenues, and any interest earned on the revenues, shall be
expended within one (1) year of the completion of the program.
Section 4. Effective Date. This ordinance shall
take effect thirty (30) days after adoption.
Section 5. The City Clerk shall certify to the passage
and adoption of this ordinance and cause the same to be
published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of West Covina at its regular meeting held on
the . 13th
ATTEST:
V
City Clerk
day of May , 1991.
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I, Janet Berry, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No.
1879 was regularly introduced and placed upon its
• first reading at a regular meeting of the City Council
on the 22nd day of April , 1991. That, thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 13th day of
May , 1991, by the following vote, to wit:
AYES: Herfert, Manners, McFadden, Tarozzi, Jennings
NOES: None
ABSENT: None
APPROVED AS TO FORM:
o4
City Attorney
•
City Cl k
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CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
• of California, do hereby certify that a true and accurate copy of
Ordinance No. 1917V was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
anet Berry, City Clerk
City of West Covina, California
DATED:
s