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Home My WebLink About03/29/199121660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 714-860-2489 • FAX 714-861-3117 NOTICE OF SPECIAL MEETING OF THE DIAMOND BAR CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Diamond Bar City Council will be held on Friday, March 29, 1991, at 8:30 a.m., at City Hall, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, for the purpose of: 1. Adopting an urgency ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR 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, AND PROVIDING FOR ITS ADOPTION AS AN URGENCY MEASURE. 2. Adjournment DATED: March 28, 1991 I declare under penalty of perjury of Diamond Bar in the City Clerk's copies of this notice at the proper March 28, 1991 Date DATED & DELIVERED 3-28-91 Press Notified by Phone 3-28-91 Notice Also Faxed 3-28-91 _/s/ Tommye A. Nice Deputy City Clerk that I am employed by the City Office; and that I posted locations on: Js/ Tommve A. Nice Signature GARY H. WERNER JOHN A. FORBING PHYLLIS E. PAPEN DONALD C. NARDELLA JAY C. KIM ROBERT L. VAN NORT Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager CITY OF DIAMOND BAR USES RECYCLED PAPER ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR 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, AND PROVIDING FOR ITS ADOPTION AS AN URGENCY MEASURE. A. Recitals. The City of Diamond Bar hereby finds and declares as follows: (i) The City of Diamond Bar is committed to improving the public health, safety and welfare, including air quality. (ii) Mobile sources are a major contributor to air pollution in the South Coast Air Basin. (iii) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources. (iv) 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. (v) Since such programs place demands upon the City's funds, to the greatest extent possible, those programs should be financed by shifting responsibility for financing from 1 the general fund to motor vehicles creating the demand. (vi) 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 ($2.00), 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 AQMP and provisions of the California Clean Air Act. (vii) 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 each jurisdiction's prorated share of population as defined by the State Department of Finance. (viii) The City of Diamond Bar 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. (ix) The prorated share of the fee revenue for cities that fail to adopt an ordinance, pursuant to Section 44243 of the Health and Safety Code, shall be distributed to the jurisdictions within the District that have adopted such ordinance. 2 M The City Council of the City of Diamond Bar hereby finds and declares that the imposition of an 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 will promote the general welfare of its residents. Said Council further finds that in order to meet the goals of the SCAQMD by implementing such mobile source air pollution reduction programs, and to promote and preserve the public health, safety and welfare, it is necessary that this ordinance be enacted as an urgency measure to take effect immediately. (xi) All legal requirements to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. Definitions - As used in this Ordinance, the following words and terms shall be defined as follows: A. "City" shall mean the City of Diamond Bar. 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 or her designee. section 3. Administration of Vehicle Registration Fee. A. Receipt of Fee - The additional vehicle registration fees distributed by the SCAQMD and remitted to the City, pursuant to this Ordinance, shall be accepted by the Fee Administrator. B. Establishment of Air Ouality 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 3 B above. All interest earned by said trust fund account shall be credited only to that account. D. Expenditure of Air Ouality 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 2 B, above. Such revenues shall be expended within one (1) year of the completion of the programs. E. Audit - The City will permit an audit of all programs and projects funded by vehicle registration fee revenues 4 received from SCAQMD, pursuant to Health and Safety Code Section 44223. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Health and Safety Code Section 44244.1. In the event a public hearing is conducted by the SCAQMD pursuant to Health and Safety Code Section 44244.1, the City may present information related to its expenditure of the fee revenues received. Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by an final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section S. Urgency and Effective Date. Based upon the findings set forth in the Recitals, Part A, of this Ordinance, and in order to promote and preserve the public health, safety and welfare, the City Council of the City of Diamond Bar has determined that this Ordinance be adopted as an urgency ordinance and that it should take effect immediately. Section 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. 5 PASSED this day , 1991, by the following vote: Mayor I, LYNDA BURGESS, City Clerk, of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a special meeting of the City Council of the City of Diamond Bar, held on the 29th day of March, 1991, and was finally passed at a special meeting of the City Council of the City of Diamond Bar held on the 29th day of March, 1991. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar C\1011\A0�=RD\DB 1.3B 6