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Home My WebLink AboutCC Ord 1337 1991-06-10 ORDINANCE NO. /~J AN ORDINANCE OF THE CITY OF SEAL BEACH EXPRESSING SUPPORT FOR THE USE OF MOTOR VEHICLE REGISTRATION FEES TO FUND PROGRAMS TO REDUCE AIR POLLUTION FROM VEHICULAR SOURCES, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH AN AIR QUALITY IMPROVEMENT TRUST FUND AND TO PROVIDE FOR THE USE OF MONIES DEPOSITED INTO THAT FUND. I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. In accordance with California Health and Safety Code Section 44243(b) (1), the City of Seal Beach does hereby express its support for the imposition by the South Coast Air Quality Management District of a motor vehicle registration fee increase as authorized by Health and Safety Code Sections 44223 and 44225, for the purpose of using the fees so generated to reduce air pollution from motor vehicles pursuant to the requirements of the California Clean Air Act of 1988 or the Air Quality Management Plan for the South Coast Air Quality Management District, prepared and adopted pursuant to Health and Safety Code Sections 40460 through 40470. Section 2. Chapter 2 of the Code of the city of Seal Beach is hereby amended to add Article XI to read as follows: "Article XI. Air Quality Improvement Trust Fund. Section 2-74.1 Definitions. For the purposes of this article, the following definitions shall apply: I A. "Mobile source air pollution reduction program" shall mean any program or project implemented by the city to reduce air pollution emitted from motor vehicles pursuant to the California Clean Air Act of 1988 or the Air Quality Management Plan for the South Coast Air Quality Management District prepared and adopted in accordance with the provisions of Health and Safety Code Sections 40460 through 40470. B. "Fee Administrator" shall mean the city Manager or his or her designee. Section 2-74.2 Fund Created. The Fee Administrator shall establish a separate interest-bearing trust fund account with a financial institution authorized to accept deposits of City funds. This account shall be known as the Air Quality Improvement Trust Fund. All interest earned by the account shall be credited to this account. All funds received by city pursuant to Health and Safety Code Sections 44243 and 44244, along with I any other funds designated by the city Council, shall be deposited in this account and shall be used for the sole purpose of financing mobile source air pollution reduction proqrams. The Fee Administrator shall be responsible for depositinq funds in the Air Quality Improvement Trust Fund." I I I Ordinance Number /3::J 1 - section 3. The city hereby consents to audits, at least once every two years, of all programs and projects funded by vehicle reqistration fees provided by Health and Safety Code section 44243, provided that such audit shall be conducted by an independent auditor selected by the South Coast Air Quality Manaqement District. Audit costs shall be funded as provided in Health and Safety Code Section 44244.1. section 4. It is the intent of the City council that the provisions of this ordinance and the interpretation of the term "mobile so\:rce air pollution reduction programs" shall be liberally construed to effectively carry out the purposes of this ordinance, which are hereby found and declared to be to further public health, safety, welfare, and convenience, in accordance with the requirements and limitations of Health and Safety Code Sections 44243 and 44244. Section 5. Should any sentence, section, clause, part, or provisi~n of this ordinance be declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalidity shall not affect the validity of the ordinance as a whole, or any other part thereof. PASSED, APPROVED AN AD se~ ~ach, Califor' ia, V _ day of by the city council of the City of meeting thereof held on the , 1991. ATTEST: cY~ A_. L ~I't. Mayor d' -~m~"". ,- ~ SEAL .,"'" .=:; 0 o.oooo....~... 'I"" #~~1'OI\'OIl.."....~~ 'f:~ l~ t 'o~'" z~! ~,~z ~e,o~o o:~f!i '-v \";0 ~'0~1 ~"oJ.", 0...0.,. """ ~O iIf " .........0 27. .~'I .. ~ 000000 ,"'''8 OUN1'l. p STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH SS' I, Joanne M. Yeo, city Clerk of the city of Seal Beach, California, do hereby certify that the fo~~oing ordinance is an original copy of . ance Number /~~~ on file in the Off:~f the City Clerk, roduced at a regGlar meeting held on the ~ day of . , 1991, and passed, ap~ ov d and adopted by the C1 y Cou c1l of the Ci~Y~9f Seal Beach at a regular meeting th eof held on the ~~ day of Wi....;,; . , 91, by the following v te. A\~{' councilmember ~ NOES: Councilmembers has ABSENT: Councilmembers VACANCY: Councilmembers and do hereby further certify that Ordinance Number been published pursuant to the Seal Beach city Chart Resolution Number 2836. Ordinance Number / 3~ 1 , ., PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weeklv in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: ~J{M'l.P_ 0:;0 all in the year 19JU... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this ..d_p day of \~J.,/ic'- , 19~L .--- ) . '" ... ~!2:.!:..-- "fd <-,(_ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of PUBLIC NOTICE/Summary Ordinance . . :: !. ? '? 7. :-. . (~~ffip~. SUMMARY 0IIlINANCE NlIoIBER 1337 MOTORVEHJCl..1! REGRTRATION .EWIllE Ordinance Number 1337 01 the City of Seal Beach, expressing sUJllXlllIor the use of mollll vehi- cle registration fees to fund pro-. grams 10 reduce e1r poIlu1Ion-from vehicular sources and amending the Code 0I1IIe CIIy 01 Seal !leech" 10 establish an Air Quality Improvement Trusl Fund ancl 1IIe use of monies deposJted Inlll thai' fund, receMld second reading and ' was adopted by the Seal Beach ' City Council al a r,gular"meeting, thereol held on the 101h day 01- June, 1991 by the IoDowlng vote: I AYEs: ~ "F........... Hasr-- '!!''iJlUIVJ ngs. Laszlo ' ! NOES: None i ABSENT: Wilson , VACANCY: One ! Motion carTled - I Copies 01 OrdInance Number 1337 are available In lIIe olftee olllle Clly Clerk, City Hall, 211-81h Streel, Seel Beach; telephone (213)431-2527. DATED THIS 11th day 01 June, 199t , Joanne M. YllO, City Clerk " CIty 01 Seal Beach June 20, 199t I f'INshed illle Seal Beach Joumal. I