ORD 188ORDINANCE NO. 188
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA AMENDING THE CITY CODE TO ADD
CHAPTER 6.12 CONCERNING MOBILE SOURCE AIR
POLLUTION REDUCTION
WHEREAS, the City of La Quinta (the "City") is committed to
improving the public health, safety and welfare, including air
quality;
WHEREAS, mobile sources are a major contributor to air
pollution in the South Coast Air Basin;
WHEREAS, air quality goals for the region established by
State law cannot be met without reducing air pollution from
mobile sources;
WHEREAS, 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
Clear Air Act of 1988 (the "Act") by developing and
implementing mobile source air pollution reduction programs;
WHEREAS, 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;
WHEREAS, Section 44223, added to the Health and Safety Code
by action of the California Legislature on September 30, 1990
(Chapter 90-1705), authorizes 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 Act;
WHEREAS, 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 SCAQMD that
comply with Section 44243 of the Code, based on the
jurisdictions' prorated share of population as defined by the
State Department of Finance;
WHEREAS, 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;
i
ordinance No. 188
WHEREAS, 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;
NOW, THEREFORE BE IT ORDAINED THAT, the City Council of the
City of La Quinta, after careful consideration, hereby ordains,
finds and declares:
Title 6 of the City Code is hereby amended by adding
thereto a new Chapter 6.12 entitled "Mobile Source Air
Pollution Reduction", to read as follows:
6.12.010 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 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.
6.12.012 Definitions: As applied in this Chapter 6.12,
the following words and terms shall be defined as follows:
A. "City" shall mean the City of La Quinta.
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.
A. ReQeipt 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 Subsection (2) above.
05/16/91
499lu/2588/000 -2-
Ordinance No. 188
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 from the SCAQMD and deposited in the
Trust Fund Account shall be exclusively expended
on Mobile Source Emission Reduction Programs.
E. Audits: The City consents to an audit of all
programs funded by vehicle registration fee
revenues received from the SCAQMD pursuant to
Sections 44244 and 44244.1 of the Health and
Safety Code.
F. Reports: The City shall prepare the reports to
the state board concerning the use of the fees
and the results of the programs pursuant to
Health and Safety Code Section 44247.
Severability: Should any sentence, section clause, part or
provision of this ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the
validity of the ordinance as a whole, or any part thereof,
other than the part declared to be invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of La Quinta, California at its regular meeting held on
the 21st day of May , 1991, by the following vote, to wit:
AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Council Member Franklin
ABSTAIN: None
John J.-PEva, Myy6r
ATTE
aundra Juhola, City Clerk
APPROVED AS TO FORM:
Dawn C. Honeywell, ity Attorney
05/16/91
499lu/2588/000 -3-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 188 which was introduced on the 7th
day of May, 1991 and was adopted at a regular meeting held on the
21st day of May, 1991 not being less than 5 days after date of
introduction thereof.
I further certify that the foregoing ordinance was posted in three
(3) places within the City of La Quinta as specified in a
resolution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify that the foregoing ordinance was
posted pursuant to City Council Resolution on May 27, 1991.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California