The City Council of the City of Santa Monica finds and declares
that:
(a)
The
City is committed to improving the public health, safety and welfare,
including air quality of the City and surrounding area.
(b)
Mobile
sources such as motor vehicles are a major contributor to air pollution
in Santa Monica and throughout the South Coast Air Basin.
(c)
Air
quality goals for the region established by state law cannot be met
without reducing air pollution from mobile sources.
(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.
(e)
Such
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.
(f)
Section
44223 of the California Health and Safety Code authorizes the South
Coast Air Quality Management District (“SCAQMD”) to impose
an additional motor vehicle registration fee of two dollars commencing
on April 1, 1991, increasing to four dollars commencing on April 1,
1992, to finance the implementation of transportation measures embodied
in the AQMP and provisions of the California Clean Air Act.
(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 jurisdiction’s prorated
share of population as defined by the State Department of Finance.
(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.
(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.
(j)
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.
(k)
This
Ordinance is intended to implement 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.
(Prior code § 5700; added
by Ord. No. 1587CCS § 1, adopted 6/25/91)
As used in this Chapter, the following words and phrases shall
be defined as follows:
shall mean the City of Santa Monica.
shall mean the Finance Director of the City or his or her
designee.
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.
(Prior code § 5701; added
by Ord. No. 1587CCS § 1, adopted 6/25/91)
(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 Subsection (b) above. 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 5.32.020 above. Such revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.
(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.
(Prior code § 5702; added
by Ord. No. 1587CCS § 1, adopted 6/25/91)
