The provisions of this chapter are intended to comply with certain
state laws which require adoption of a mobile source air pollution
reduction ordinance. The purpose of this chapter is to provide significant
public benefits by improving the public health, safety and welfare,
including air quality, and to signify the city's approval of Section
44223 of the Health and Safety Code which imposes additional motor
vehicle registration fees to finance the implementation of transportation
measures embodied in the AQMP and provisions of the California Clean
Air Act, 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.
(Ord. 1217 § 1, 1991)
For purposes of this chapter, the following words and terms
shall be defined as follows:
means the City of Laguna Beach.
means the city manager of the city or his designee.
means 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.
(Ord. 1217 § 1, 1991)
(a)
Receipt
of Fee. The additional vehicle registration fees disbursed by the
SCAQMD and remitted to the city, pursuant to this chapter, 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) of this section. 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 7.55.020. 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.
(Ord. 1217 § 1, 1991)
