San Juan Capistrano Municipal Code Art. 3 Mobile Source Emissions Reduction

The City of San Juan Capistrano finds and determines that the purpose and intent of this article is to:

(a) Support the South Coast Air Quality Management District and its imposition of the additional motor vehicle registration fees to fund mobile source air pollution reduction programs.

(b) Support the South Air Quality Management District in their efforts to comply with California Clean Air Act and the Federal Clean Air Act as amended.

(c) Comply with State law establishing eligibility requirements for the City to receive motor vehicle registration funds.

(d) Reduce traffic congestion which contributes to significant deterioration of air quality.

(e) Improve regional and local air quality.

(§ 2, Ord. 699)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"City"

shall mean the City of San Juan Capistrano.

"District"

shall mean the South Coast Air Quality Management District.

"Fee Administrator"

shall mean the Administrative Services Director or their designee.

"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 a plan proposed pursuant to Chapter 5, Article 5, Section 40460 of the California Code.

"Program Administrator"

shall mean the Planning Services Department Director or their designee.

"Trust Fund"

shall mean the Air Quality Improvement Trust Fund established by the City to administer motor vehicle registration revenues.

(§ 2, Ord. 699)

(a) Receipt of Fees. The additional motor vehicle registration fees disbursed to the City by the District pursuant to this article shall be submitted to and accepted by the Fee Administrator who shall be responsible for depositing such funds into an interest-bearing trust fund account.

(b) 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. All motor vehicle registration fees received by the City from the District pursuant to this article shall be promptly deposited in the Air Quality Improvement Trust Fund Account. All interest earned by the Account shall be credited only to that account.

(c) Air Quality Improvement Trust Fund Expenditures. All revenues received from the District pursuant to this article shall only be expended on programs and projects which will result in a reduction in mobile source air pollution as provided by Section 3-2.304. Expenditures for the administration and management of the trust fund shall not exceed more than 5% of the trust fund revenues received during a given fiscal year.

(d) 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. The audit shall be conducted by an independent auditor selected by the District from the City’s fee revenues.

(§ 2, Ord. 699)

The City will establish an administration process for determining the funding eligibility of programs and projects and the allocation of trust funds to support such programs and projects. Programs and projects which are potentially eligible for funding by fees collected pursuant to this article shall include, but not be limited to, the following:

(a) Employer ride-share incentives;

(b) Parking management;

(c) Merchant transportation incentives;

(d) Environmental review program;

(e) Transit improvements;

(f) Traffic flow improvements;

(g) Growth management;

(h) Program administration.

(§ 2, Ord. 699)

The provisions of this article shall be constructed to effectively carry out its purposes, which are found and declared to be in furtherance of the public health, safety, welfare, and convenience.

(§ 2, Ord. 699)