ORDINANCE 1169ORDINANCE NO. 1169
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO SUPPORTING
THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S
IMPOSITION OF VEHICLE REGISTRATION FEE PURSUANT TO AB2766 (1990)
AND TO RECEIVE FEE REVENUES FOR IMPLEMENTING PROGRAMS
TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES
The City Council of the City of E1 Segundo does hereby
ordain as follows:
Section 1. Findings. The City of E1 Segundo (hereinafter
called City) hereby finds and declares as follows:
(1) The City is committed to improving the public health,
safety and welfare, including air quality;
(2) Mobile sources are a major contributor to air pollution
in the South Coast Air Basin;
(3) Air quality goals for the region established by State
law cannot be met without reducing air pollution from mobile sources;
(4) 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) Such programs place demands upon the City's funds and
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) Chapter 7 was added to Part 5 of Division 26 of the
State Health and Safety Code (beginning with Section 44220) in 1990 by
Assemby Bill 2766 (approved by the Governor on 9/30/90) and added
Section 9250.17 to the State Vehicle Code. Said Chapter 7, 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) Forty cents of every dollar collected under said
Chapter 7 shall be distributed to cities and counties located in the
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SCAQMD that comply with said Chapter 7, based on the jurisdiction's
prorated share of population as defined by the State Department of
Finance;
(8) The City is located within the SCAQMD and is eligible
to receive a portion of the revenues from the additional motor vehicle
registration fees contingent upon adoption of this ordinance;
(9) The prorated share of the fee revenues for cities that
fail to adopt an ordinance pursuant to said Chapter 7 shall be
distributed instead to the jurisdictions within the District that have
adopted an ordinance;
(10) 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;
Section 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 said
Chapter 7 to receive fee revenues for the purpose of implementing
programs to reduce air pollution from motor vehicles.
Section 3. Definitions. As applied in this ordinance, the
following words and terms shall be defined as follows:
(1) "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 State Health and Safety Code.
(2) "Fee Administrator" shall mean the Finance Director of
the City or his designee.
Section 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 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.
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(3) Transfer of Funds: Upon receipt of vehicle
registration fees, the Fee Administrator shall deposit such funds into
the separate account established pursuant to Section 4, Subsection (2)
above. All interest earned by the Trust Fund Account shall be
credited only to that account.
(4) 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 Z, Subsection (1) above.
Such revenues and any interest earned on the revenues shall be
expended within one (1) year of the receipt of the funds.
(5) Audits: The City consents to an audit of all programs
and projects funded by vehicle fee revenues received from the SCAQMD
pursuant to said Chapter 7. The audit shall be conducted by an
independent auditor selected by the SCAQMD as provided in said
Chapter 7.
Section S. Legal Construction. 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 6. If any section, subsection, sentence, clause,
phase, portion, or part of this Ordinance is for any reason held to be
invalid or unconstitutional by 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, sentence,
clause, phrase, part, or portion thereof, irrespective of the fact
that any one or more sections, subsections, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the adoption of
this Ordinance; shall cause the same to be entered in the book of
original Ordinances of said City; shall make a minute of the adoption
thereof in the records of the meeting at which the same is passed and
adopted; and shall cause it to be published in the manner required by
law.
Section 8. Effective Date. This ordinance shall take effect
thirty (30) days after adoption.
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PASSED, APPROVED, and ADOPTED by the City Council of the
City of El Segundo on the 3rd day of December, 1991.
ATTEST:
C
Ronald L. Hart
City Clerk
(SEAL)
/ f
Carl Ja bson, Mayor
of the Ci: of E1 Segundo,
California
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Ordinance.014
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is four;
that the foregoing ordinance, being Ordinance No. 1169 is a full, true correct original of
Ordinance No. 1169 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
SUPPORTING THE SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT'S IMPOSITION OF VEHICLE REGISTRATION FEE PURSUANT TO
AB2766 (1990) AND TO RECEIVE FEE REVENUES FOR IMPLEMENTING
PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 3rd day of December, 1991, and the same was so passed and
adopted by the following vote:
AYES: Mayor Jacobson, Mayor Pro Temp Dannen
Councilmembers Cruikshank, West, Wise.
NOES: None
ABSENT: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. 1169 was
duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
City Clerk of the
City of El Segundo, California
(SEAL)