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HomeMy WebLinkAbout03/29/1991 Minutes - Special MeetingC/Nardella stated that he understood that the funds will be collected whether or not an Ordinance is adopted. By adopting an Ordinance, the City is requesting return of its share. DCA/Curley pointed out that if the Council doesn't adopt an Ordinance, the City's share will be allocated pro rata to jurisdictions that have adopted Ordinances. The need for adoption of this as an Urgency Ordinance was due to the fact that the AQMD recently decided that an April 1, 1991 deadline for cities' adoption of Ordinances would enable them to get funds earlier, which precluded the City adopting said Ordinance during regularly - scheduled Council meetings. In response to M/Werner's question regarding the City's responsibilities, DCA/Curley stated that that cannot be specifically detailed. The County and LACTC are working on a congestion management plan and the funds could be used for implementa- tion of such plan. The funds may also be provided for requirements under the Clean Air Act, i.e., ridesharing or other improvements that the commun- ity can put into effect to cut traffic rates. He understood that LACTC will be ready with their model Ordinance and congestion management plan MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR MARCH 29, 1991 i ! i CALL TO ORDER: M/Werner called the meeting to order at 8:30 a.m. in the Conference Room, at City Hall, 21660 E. Copley Dr., Suite 100, Diamond Bar, California. ROLL CALL: Mayor Werner, Councilmen Papen, Nardella, and Kim. Mayor Pro Tem Forbing arrived at 8:40 a.m. Also present were City Manager Robert L. Van Nort, Deputy City Attorney William P. Curley, III and Deputy City Clerk Tommye Nice. NEW BUSINESS: Ordinance 1 DCA/Curley stated that the California Clean Air (1991) Vehicle of 1988 sets forth mandates to the State to clean Registration Fees the air. Since most cities and counties do not for Air Quality have funds for this purpose, the Legislature pro - Improvement vided for imposition of a $2.00 fee on vehicle registrations. Those funds can be used by local agencies to implement air quality cleanup programs. As a precondition to obtaining the funds, each local agency must have an Ordinance in place by April 1, 1991, approved by a 4/5 vote, — that sets forth willingness to comply with the various laws and regulations. The Ordinance will be transmitted to the AQMD Board requesting the City's share of the funds. C/Nardella stated that he understood that the funds will be collected whether or not an Ordinance is adopted. By adopting an Ordinance, the City is requesting return of its share. DCA/Curley pointed out that if the Council doesn't adopt an Ordinance, the City's share will be allocated pro rata to jurisdictions that have adopted Ordinances. The need for adoption of this as an Urgency Ordinance was due to the fact that the AQMD recently decided that an April 1, 1991 deadline for cities' adoption of Ordinances would enable them to get funds earlier, which precluded the City adopting said Ordinance during regularly - scheduled Council meetings. In response to M/Werner's question regarding the City's responsibilities, DCA/Curley stated that that cannot be specifically detailed. The County and LACTC are working on a congestion management plan and the funds could be used for implementa- tion of such plan. The funds may also be provided for requirements under the Clean Air Act, i.e., ridesharing or other improvements that the commun- ity can put into effect to cut traffic rates. He understood that LACTC will be ready with their model Ordinance and congestion management plan MARCH 29, 1991 PAGE 2 in May 1991. Most communities are planning to use that as the basis for implementing their own plans on how to reduce mobile air sources. A variety of programs can be recommended and local agencies will have control over which programs to imple- ment. M/Werner asked if this meant that the City would be obligated to support the Air Quality Management Plan. DCA/Curley stated that he could not see how this would create a direct obligation to support the Plan. The primary basis stems from implementing the Clean Air Act, which is a Statewide rather than local or regional law. M/Werner asked if there were any irreversible commitments that may be made. DCA/Curley stated that according to the way the statute reads, the worst case is that they would cut off funding. If the City did nothing, whatever had been accrued could not be recap- tured, but no additional funding would be made available until such time as a measure had been implemented in accordance with the overall plan. CM/Van Nort stated that the City would receive approximately $30,000 - $40,000 based on $.40 for each dollar collected per vehicle registered to City residents for the first year. Following discussion, MPT/Forbing moved, C/Papen seconded to read by title only, waive further reading and adopt Ordinance No. 1 (1991) 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. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Nardella, Kim, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None C/Nardella asked that staff look into how the matter came about as an urgency measure as opposed to being on the regular agenda. A letter may be MARCH 29, 1991 PAGE 3 sent to the AQMD depending on the results of that investigation. CM/Van Nort stated that he would have the information to Council in two weeks. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 8:50 a.m. �'4' 0 Tommye A.Nic� Deputy City Clerk