Santa Ana Municipal Code § 13-150 Findings

The city council of the City of Santa Ana hereby finds and declares that:

(1) The city 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 (AQMP) calls upon cities and counties to reduce emission 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.

(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) 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 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 ($0.40) 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 44223 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance.

(8) The City of Santa Ana is located within the South Coast Air Quality Management District and is eligible to receive a portion of revenues from the motor vehicle registration fees upon adoption of this article.

(9) The city council of the City of Santa Ana, 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, the city council deems it advisable to adopt this article.

(Ord. No. NS-2128, § 1, 6-17-91)

This article is intended to support the South Coast Air Quality Management District's imposition of the vehicle registration fee and to bring the City of Santa Ana 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.

(Ord. No. NS-2128, § 1, 6-17-91)

As applied in this article, the following words and terms shall be defined as follows:

(1) City shall mean the City of Santa Ana.

(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 California Health and Safety Code.

(3) Fee administrator shall mean the executive director of finance and management services of the city or his or her designee.

(Ord. No. NS-2128, § 1, 6-17-91)

(a) Receipt of fee. Vehicle registration fees due pursuant to this article disbursed by the South Coast Air Quality Management District and remitted to the city shall be accepted by the fee administrator.

(b) Transfer of funds. Upon receipt of vehicle registration fees, the fee administrator shall be responsible for placement of such funds into a separate account as hereinafter specified.

(c) Establishment of air quality management 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 reduction programs.

(d) Use of funds. Funds within the air quality improvement trust fund shall be used solely to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the South Coast Air Quality Management Plan.

(e) Audits. The city consents to audits of all programs and projects funded by vehicle registration fee revenues in accordance with Section 44244.1 of the Health and Safety Code of the State of California.

(Ord. No. NS-2128, § 1, 6-17-91)