2008-11 South Coast Air Quality Management District's Vehicle Registration Fee ORDINANCE NO. 2008-11
AN ORDINANCE OF THE CITY OF MENIFEE SUPPORTING THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S VEHICLE
REGISTRATION FEE PURSUANT TO CALIFORNIA HEALTH AND
SAFETY CODE SECTION 44223 ET SEQ. (ADDED BY AB 2766),
TAKING THE ACTIONS NECESSARY TO RECEIVE THE CITY'S
SHARE OF FEE REVENUES FOR MOBILE SOURCE AIR POLLUTION
REDUCTION PROGRAMS AND DECLARING THE URGENCY
THEREOF
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS
The City of MENIFEE finds that:
A. The City of MENIFEE is committed to improving the public health, safety, and
welfare, including air quality;
B. Mobile sources are a major contributor to air pollution in the South Coast Air Basin
in which Menifee is located;
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 calls upon cities 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. Because 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;
F. Section 44223 of the Health and Safety Code, authorizes the South Coast Air
Quality Management District (SCAQMD) to impose an additional motor vehicle
registration fee of two dollars ($2), commencing April 1, 1991, increasing to four
dollars ($4), commencing 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(b) of that Code,
based upon the jurisdictions' prorated share of population as defined by the State
Department of Finance;
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H. The City of Menifee 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 (SCAQMD) that have adopted an Ordinance;
J. The City of Menifee expresses its support for the adoption of motor vehicle
registration fees to be used to reduce air pollution from motor vehicles pursuant to
the Clean Air Act of 1988, as amended, and other plans prepared for that purpose.
K. It is necessary for this ordinance to take effect immediately to protect the public
health. Health and Safety Code section 44243(b)(1) requires the City to adopt and
transmit this ordinance to SCAQMD within ninety (90)days of the date of the City's
incorporation for the City to receive its share of the SCAQMD motor vehicle
registration fee. The 90-day window October 1 through January 1 expires on
January 1, 2009. If this ordinance were adopted as a regular ordinance, the
adoption would not take place within this 90-day window and the City would not
receive its share of the fee which could greatly reduce, and perhaps eliminate, the
City's ability to implement programs to reduce air pollution from motor vehicles.
SECTION 2. INTENT
This Ordinance supports the SCAQMD's imposition of the vehicle registration fee and
brings 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, and requires the use
of such fees only as set out herein.
SECTION 3. DEFINITIONS
As applied in this Ordinance, the following words and terms shall be defined as follows:
A. "City" shall mean the City of Menifee.
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 as it may be amended from time to time or other plans 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 be the City Manager of his/her
designee.
SECTION 4. ADMINISTRATION OF VEHICLE REGISTRATION FEE
A. Establishment of Air Quality Improvement Trust Fund: The Fee Administrator shall
establish a separate interest-bearing fund account. All fees received hereunder
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shall be placed into this account. All interest earned by the Trust Fund Account
shall be credited only to that account.
B. Expenditure of Air Quality Improvement Trust Fund: All revenues received from
the SCAQMD deposited in the Trust Fund Account shall be expended exclusively
on Mobile Source Air Pollution Reduction Programs. Such revenues and any
interest earned on the revenues shall be expended within one year of the
completion of such programs.
C. Audits: The City consents to an audit of all programs and projects funded by
vehicle registration fee revenues received from the SCAQMD as provided in
Section 44244.1 of the Health and Safety Code.
SECTION 5: SEVERABILITY
Should any sentence, section, clause, part or provision of this
Ordinance be declared by the 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.
SECTION 6: EFFECTIVE DATE
Pursuant to Government Code section 36934, this ordinance is adopted as an urgency
ordinance and shall take effect immediately
upon passage by a 4/5 1h vote of the City Council.
Passed, Approved and Adopted this 18th day of November 2008.
AYES: &nm, j �YYIQJY1�f'l/
NOES: fYL4'j^�J
ABSENT:
ABSTAIN:
Wallace W. Edgerton
Mayor
ATTEST:
4A'"J'tt -
Kathy ennett, City Clerk
APPROVED AS TO FORM:
Eliz eth Martyn, City Atto hey
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