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1 ORDINANCE NO.
2 AN ORDJ:NANCE OF 'I'BB CI'l'Y OF SAN BERNARDINO. ADDING aIAPTER
17.08 TO THB SAN BERNARDINO MUNJ:CIPAL amE RELATING '1'0 MOBILE
3 SOURCE UR POLLUTION RBDUC'l'ION.
4 THE MAYOR AND COMMON COUNCIL OF THE CI'l'Y OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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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
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11 Mobile Source Air Pollution Ordinance.
17.08. 020 - F:Lnd1.ngs. The City of San Bernardino hereby
13 finds and declares that:
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(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 Manag_ent Plan
23 (AQMP) calls upon cities and counties to reduce
24 emissions from motor vehicles consistent with the
25 requir_ents of the California Clean Air Act of 1988
26 by developing and implementing mobile source air
27 pollution reduction programs.
28 III
DAB/bg [AirPollution.Ord]
March 26, 1991
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(5) To the extent that such programs place
demands upon the City's funds, those progr~s 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 wi thin 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
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(9) The City, after careful consideration,
hereby finds and declares that the imposition of the
motor vehicle registration fee by the SCAQMD to
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finance mobile source air pollution reduction
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programs is in the best interests of the general
welfare of the City and its residents. Therefore,
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.
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17.08.040 - Definitions. As used in this Chapter, the
15 following words and terms shall be defined as follows:
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(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.
(3) "Fee Administrator" shall mean the Finance
26 Director of the City.
27 III
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March 26, 1991
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17.08.050 - Adm1.n1.stration of Veh1.c1e Registration Pee.
(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
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Administrator.
( 2 ) Transfer of Funds: Upon receipt of vehicle
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registration fees, the Fee Administrator shall be
responsible for placement of such funds into a
separate account as hereinafter specified.
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(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.
17.08.060 - Liberal CcIDst:ruct1.OD. The provisions of this
23 Chapter shall be liberally construed to effectively carry out its
24 purposes, which are hereby found and declared to be in
25 furtherance of the publiC health, safety, welfare and
26 conven1.ence.
27 I HEREBY CERTIFY that the foregoing Ordinance was duly
28 adopted by the Mayor and Common Council of the City of
DAB/bg [AirPo1lution.Ord] 4
March 26, 1991
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San Bernardino at a
meeting thereof, held on the
, 1991, by the following vote, to wit:
day of
COuncil Members:
NAYS
ABSTAIN
AYES
4 ESTRADA
5 REILLY
6 FLORES
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
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City Clerk
The foregoing Ordinance is hereby approved this
day
, 1991.
of
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W. R. Holcomb, Mayor
City of San Bernardino
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form and legal content:
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JAMES F., PENMAN,
20 City Attorney
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DAB/bg [AirPo11ution.Ord] 5
March 26, 1991