HomeMy WebLinkAbout47-City Administrator
"
~ITY' OF SAN BERaRDINO - REQUEST OR COUNCIL ACTION
From: FRED WILSON Subject: Mobile Source Air Pollution
Assistant City Administrator Reduction Ordinance
Dept:
Date: March 28, 1991
Synopsis of Previous Council action:
Recommended motion:
That further reading of the ordinance be waived and ordinance
laid over for final adoption.
~-"
Contact person: Frpn Wi l..on
Phone:
5122
Supporting deta attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
Council Notes:
Ano.nrla 1+1:1"'" Nn
yry
.'
"
o
o
SUBJECT
Mobile Source Air Pollution Reduction Ordinance
In september of
Bill 2766 into
imposition of an
$2.00 to fund
plans.
1990, Governor Deukmejian signed Assembly
law. This legislation authorized the
additional motor vehicle registration fee of
the implementation of air quality management
This bill authorizes, effective on January 1, 1991, that an
annual vehicle registration fee of $2 may be imposed by a
non-attainment air pollution control district such as the
South Coast Air Quality Management District (SCAQMD), upon
the approval of the fee and a corresponding program to reduce
vehicular air pollution by the governing board of the
district.
The Board adopted a resolution on December 7, 1990 to
implement the provisions of AB2766 which established an April
1, 1991 effective date. On and after April 1, 1992, the
district may approve and increase of the fee up to $4.
This bill also requires that the Department of Motor Vehicles
collect the fee and, after deducting an administrative fee of
not more than 5 percent during the first year, distribute the
revenues to districts to be used to reduce air pollution from
mobile sources. Within the South Coast Air Quality
Management District, the District is required to disburse the
revenues in the following manner:
1. Forty cents of every dollar shall be distributed by
the district to cities and counties located in the
South Coast District. The amount of revenue shall
be based on the cities and counties prorated share
of population and will be used to implement programs
to reduce air pollution from motor vehicles.
However, before a city or county may receive these
revenues, it must first express support for the
adoption of the motor vehicle registration fee,
require that all fees distributed to it be spent to
reduce mobile source air pollution and establish an
air quality improvement trust fund into which all
revenues will be deposited.
2. Thirty cents of every dollar shall be distributed to
SCAQMD.
3. Thirty cents of every dollar shall be deposited by
SCAQMD to be used to implement programs to reduce
mobile source air pOllution.
Estimated Vehicle Reaistration Revenue (SB2766) Disbursements
for the Citv of San Bernardino FY1991-92 will be $107.054.
The attached ordinance has been prepared to meet the terms
~
o
and conditions of item #1
collecting our portion of
which will permit<;le city to begin
the vehicle registration fees.
Recommendations will be developed regarding the design of a
plan to utilize the funds including our Trip Reduction Plan
as well as the consideration of other issues such as shuttle
services, clean fuel vehicles, and other programs to meet the
mandates of improving air quality.
FRED A. WILSON
Assistant City Administrator
"
"
10
o
o
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
17.08 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE
3 SOURCE AIR POLLUTION REDUCTION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6
SECTION 1.
Chapter 17.08 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 Chapter 17.08
9 Mobile Source Air Pollution Ordinance.
17.08.010 - Title. This Chapter may be referred to as the
11 Mobile Source Air Pollution Ordinance.
12
17.08.020 - Findings. The City of San Bernardino hereby
13 finds and declares that:
14
15
16
17
18
19
20
21
22
(1) The Ci ty is committed to improving the
public health, safety and welfare, including air
quality.
(2) Mobile sources are a major contributor to
air pollution in the South Coast Air Basin.
(3) Air quality goals for the region
established by state law cannot be met without
reducing air pollution from mobile sources.
(4) The South Coast Air Quality Management Plan
23 (AQMP) calls upon cities and counties to reduce
24 emissions from motor vehicles consistent with the
25 requirements of the California Clean Air Act of 1988
26 by developing and implementing mobile source air
27 pOllution reduction programs.
28 III
DAB/bg [AirPo11ution.Ord] 1
March 26, 1991
,>
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
o
o
(5) To the extent that 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.
(6) Health and Safety Code, Section 44223,
added by action of the California Legislature on
September 30, 1990, (Chapter 90-1705), authorizes the
South Coast Air Quality Management District (SCAQMD)
to impose an additional motor vehicle registration
fee of Two Dollars ($2.00), commencing on April 1,
1991, increasing to Four Dollars ($4.00), commencing
on April 1, 1992, to finance the implementation of
transportation measures embodied in the AQMP and
provisions of the California Clean Air Act.
(7) Forty Cents ($.40) 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
based on the jurisdictions prorated share of
population as defined by the State Department of
Finance.
(8) The City is located within the South Coast
25 Air Quality Management District and is eligible to
26 receive a portion of revenues from the motor vehicle
27 registration fees upon adoption of this Chapter.
28 III
DAB/bg [AirPollution.Ord] 2
March 26, 1991
" "
1
2
3
4
5
6
7
J
o
o
(9) The City, after careful consideration,
hereby finds and declares that the imposition of the
motor vehicle registration fee by the SCAQMD to
finance mobile source air pollution reduction
programs is in the best interests of the general
welfare of the City and its residents.
Therefore,
8
the City deems it advisable to adopt this Chapter.
17.08.030 - Intent. This Chapter is intended to support
9 the SCAQMD'S imposition of the vehicle registration fee and to
10 bring the City into compliance with the requirements set forth in
11 Section 44243 of the Health and Safety Code in order to receive
12 fee revenues for the purpose of implementing programs to reduce
13 air pollution from motor vehicles.
14
17.08.040 - Definitions. As used in this Chapter, the
15 following words and terms shall be defined as follows:
16
17
18
19
20
21
22
23
24
(1) "City" shall mean the City of San
Bernardino.
(2) "Mobile source air pollution reduction
programs" shall mean any program or project
implemented by the City to reduce air pollution from
motor vehicles pursuant to 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 Health and Safety Code.
25
(3) "Fee Administrator" shall mean the Finance
26 Director of the City.
27 III
28 III
DABlbg [AirPollution.Ord] 3
March 26, 1991
,. "
9
10
11
12
13
14
15
16
17
18
19
20
21
22
o
o
1
17.08.050 - Administration of Vehicle Registration Fee.
(1) Receipt of Fee: Vehicle registration fees
due pursuant to this Chapter disbursed by the SCAQMD
and remitted to the City shall be accepted by the Fee
2
3
4
5
6
Administrator.
(2) Transfer of Funds: Upon receipt of vehicle
registration fees, the Fee Administrator shall be
7
8
responsible for placement of such funds into a
separate account as hereinafter specified.
(3) 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. Interest earned by the account shall
be credited to that account and shall be used to
finance mobile source air pollution programs.
(4) Audits:
The City consents to audits, at
least once every two years, of all programs and
projects funded by vehicle registration fee revenues
provided under Section 44223 of the Health and Safety
Code.
23 Chapter shall be liberally construed to effectively carry out its
17.08.060 - Liberal Construction. The provisions of this
24 purposes, which are hereby found and declared to be in
25 furtherance of the public health, safety, welfare and
26 convenience.
27 I HEREBY CERTIFY that the foregoing Ordinance was duly
28 adopted by the Mayor and Common Council of the City of
DAB/bg [AirPollution.Ord] 4
March 26, 1991
" .'
o
o
1
2
San Bernardino at a
meeting thereof, held on the
, 1991, by the following vote, to wit:
day of
3
Council Members:
AYES
NAYS
ABSTAIN
4 ESTRADA
5 REILLY
6 FLORES
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
11
12
13
14
15
16
17
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
18 Approved as to
form and legal content:
19
JAMES F. PENMAN,
20 City Attorney
21
22
23
24
25
26
27
28
DAB/bg [AirPollution.Ord] 5
March 26, 1991