Ordinance No. 866ORDINANCE NO. 866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM BY
ADDING SECTIONS 16 -110 TO 16 -114 TO THE CODE OF THE CITY OF
CYPRESS
THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, does
hereby ordain as follows:
SECTION 1. Chapter 16 of the Code of the City of Cypress
is hereby amended by adding a new Article XVIII, Sections 16 -110
to 16 -114, thereto to read as follows:
"ARTICLE XVIII. MOBILE SOURCE AIR POLLUTION REDUCTION
ORDINANCE
Sec. 16 -110. Findings and Determinations.
A. The City is committed to improving the public health,
safety and welfare, including air quality; and
B. Mobile sources are a major contributor to air pollution
in the South Coast Air Basin; and
C. Air quality goals for the region established by state
law cannot be met without reducing air pollution from
mobile sources; and
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
California Clean Air Act of 1988 by developing and
implementing mobile source air pollution reduction
programs; and
E. 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
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
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
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; and
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; and
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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Sec. 16 -111. Purposes.
A. PURPOSES. In recognition of these findings and
determinations, the City of Cypress hereby 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 and hereby establishes a Mobile Source
Air Pollution Reduction Program.
Sec. 16 -112. Goals.
A. GOAL: The goal of the Mobile Source Air Pollution
Reduction Program is 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.
Sec. 16 -113. Definitions.
Unless the context shall require otherwise, the definitions
set forth in this section shall apply to the following terms
as used in this Article:
A. 'City' shall mean the City of Cypress.
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.
Sec. 16 -114. Administrator 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 Section 16- 114(B). 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 emission reduction programs as defined in
Section 16- 113(B). Such revenues and any interest
earned on the revenues shall be expended within one (1)
year of the completion of the programs.
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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. 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. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
FIRST READ at a regular meeting of the City Council of the
City of Cypress held on the 10th day of
June , 1991, and finally adopted and ordered posted
at a regular meeting of said Council held on the 24th day
of June , 1991.
MAYOR OF CYPRESS
ATTEST:
CITY CLER Ok E CI OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
OF THE C TY
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the said City Council held on the 24th
day of June , 1991, by the following roll call
vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and
NOES: 0 COUNCIL MEMBERS: None Bowman
ABSENT: 0 COUNCIL MEMBERS: None
CITY LEI THE CITY OF CYPRESS