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HomeMy WebLinkAbout1991-05-28 - AGENDA REPORTS - AIR QUALITY IMPROV ORD 91 26 (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Ap Item to be pres May 28, 1991 Draft Ordinance relating to Air Quality Improvement Projects Ordinance Number: 91-26 Community Development The City has received a request from the South Coast Air Quality Management District (AQMD) to adopt an ordinance as a result.of AB 2766 (Sher), signed into law in September 1990; this legislation authorizes the AQMD to impose an additional motor -vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act. The City is entitled to collect 40 percent of the local revenue from this fee, if it adopts the attached ordinance. This ordinance supports the use of vehicle registration fees to create additional revenue which is to be used for projects that reduce air pollution from mobile sources. The. new revenue is based on an increase of motor vehicle registration fees. The fees will increase $2.00 per vehicle this year, and $4.00 next year. Funds are expected to be made available. to the City by September or October of this year. Certain accounting and auditing requirements are set forth by the ordinance to administer the.funds received. It is estimated that approximately $88,000.00 would be made available to the City in the first year of this program. Some of the typical projects that would serve the intent of the program are: (1) Nonmotorized transportation, (2) Ridesharing, (3) Parking management, (4) Merchant transportation --delivery rescheduling and by other modes than truck transportation, (5) Automobile use restrictions, (6) Truck dispatching rerouting, (6) Enhancement of AQMD Regulation 115 --providing rideshare incentives, (7) Reduction of automobile dealership. idling of vehicles, and. (8) transit and commuter rail projects would also be eligible. Mr. Paul Vargas of the AQMD will be in attendence at the May 28th Council Meeting to give a presentation on this project. RECOMMENDATION Introduce Ordinance No. 91-26, waive further reading, and pass to second reading. ATTACHMENTS Ordinance No. 91-26 Letter dated April 10, 1991 from South Coast Air Quality Management District MAR:360 ice- 6�' - lam!>�Gq� Agenda Item:._- South Coast AIR QUALITY MANAGEMENT DISTRICT 9150 FLAIR DRIVE, EL MONTE, CA 91731 (818)572-6200 April 10, 1991 APR 2y 91991 To the City Managers of all Cities 'r' °` . ....., . in the South Coast Air Basin The South Coast Air Basin has the most serious air quality problem in the nation. Achieving and maintaining healthful air, in accordance with federal and state mandates, is the pprimary responsibility of the South Coast Air Quality Management District (SC MD). Local governments can assist in the reduction of air pollution through their comprehensive planning authority. To this end, the State Legislature Passed AB 2766. This legislation authorizes the imposition of an additional motor vehicle registration fee of two dollars effective April 1, 1991. The fee will increase to four dollars on April 1, 1992. Fees generated from this increase are to be used to reduce air pollution from mobile sources. Forty percent of this revenue will be available to cities and counties provided they adopt an ordinance which incprporates the following elements: o Expresses support for the adoption of motor vehicle registration fees to be used to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the AQMP. o Expressly require all revenues to be spent to reduce air pollution from motor vehicles. o Establish anlair quality improvement trust fund into which the fee revenues will be deposited. In addition, the local jurisdiction receiving fee revenues shall be subject (at least once every two years) to an audit of each program or project funded. cvcie, c-ities or counties adopting this ordinance are encouraged to send a draft of the ordinance to the AQMD's office of Local Government Affairs, Attention: Oscar Abarca, for a preliminary review. -2 - If a city or county fails to adopt an ordinance, the fee revenues which would be distributed to that city or county shall instead be distributed to the other cities and counties within the south coast district which have adopted an ordinance, based upon their prorated share of registered motor vehicles. The District anticipates initial receipt of revenues in July, or August. Local governments can anticipate receipt of their funds 30 to 60 days after that. Attached is a summary of AB 2766, a draft of a Model Mobile Source Air Pollution Reduction Ordinance, and a copy of the estimated vehicle registration revenues for each jurisdiction. In sum, this ordinance presents an ideal opportunity for the District and local governments to cooperate in the reduction of air pollution and the attainment of a more healthful environment. If you have any questions please contact Mr. Oscar Abarca, Local Government Affairs Director at (818) 572-6237. Attachments (2JMAB2766) ORDINANCE NO. 91-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE MUNICIPAL CODE BY ADDING SECTION 10.02 TO TITLE 10 (ENVIRONMENTAL PROTECTION) PERTAINING TO A MODEL MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE WHEREAS, the City of Santa Clarita is committed to improving the public health, safety and welfare, including air quality; WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin; WHEREAS, air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; WHEREAS, the South Coast Air Quality Management Plan (AQMP) calls upon cities and counties 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; WHEREAS, 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; WHEREAS, Section 44223, added to the Health and Safety Code 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; WHEREAS, 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 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance; WHEREAS, the City 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; WHEREAS; 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 District that have adopted that ordinance; WHEREAS, the City, after careful. consideration, hereby finds and declares that the imposition of the additional motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs is in the best interest of the city and, promotes the general welfare of its residents; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1: Title 10 (ENVIRONMENTAL PROTECTION) of the Municipal Code is hereby amended by adding thereto a new chapter 10.02 to read as follows: CHAPTER 10.02: Mobile Source Air Pollution Reduction Ordinance. 10.02.010 Findings. The City of Santa Clarita hereby finds and declares that this ordinance is intended to support the SCAQMD's imposition of the vehicle registration fee 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. 10.02.020. Definitions. As applied in this ordinance, the following words and terms'shall be defined as follows: A. "City" shall mean the City of Santa Clarita. 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 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Park 3 of the California Health and Safety Code. C. "Fee Administrator" shall mean the Director of Finance of the City or designee. 10.02.030. Administration of Vehicle Registration Fee. A. Receipt of Fee: The additional vehicle registration fees disbursed by the SCAQMD. and remitted to the City, pursuant to this ordinance, 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 above. 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 Subsection B above. Such revenues and any interest earned on the revenues shall be expended within one (1) 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. SECTION 2. Legal Construction. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. SECTION 3. Severability. Should any sentence, section, clause, part or provision of this ordinance be declared by a 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 4. Effective Date. This ordinance shall take effect thirty (30) days after adoption. SECTION 5. The City Clerk shall certify totheadoption of this Ordinance and shall cause a copy to published as required by law. PASSED AND ADOPTED by the City Council of regular meeting.held on the day of ATTEST: Donna M. Grindey, City Clerk City of Santa Clarita 19_ Carl Boyer, Mayor City of Santa Clarita at its STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk City of Santa Clarita 1, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91-26 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1991 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk City of Santa Clarita