Ordinance Number 699ORDINANCE NO. 699
THE SAN
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 3, CHAPTER 2 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TO ADD SECTION 3-2.300, ET SEQ, ESTABLISHING A
MOBILE SOURCE EMISSIONS REDUCTION ORDINANCE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The provisions established by Assembly Bill 2766 require the preparation
and adoption of a Mobile Source Emission Reduction Ordinance and staff has prepared
the Ordinance consistent with those legislative provisions; and,
B. The Planning Director has adopted a categorical exemption pursuant to
the provisions of the California Environmental Quality Act (1970) and otherwise carried
out all applicable provisions of that Act; and,
C. The Mobile Source Emissions Reduction Ordinance is consistent with the
goals, policies and objectives of the San Juan Capistrano General Plan; and,
D. The Mobile Source Emissions Reduction Ordinance is consistent with and
implements the requirements of Assembly Bill 2766 and will provide the City with
funding eligibility; and,
E. The Mobile Source Emissions Reduction Ordinance complies with the
provisions of the California Environmental Quality Act (1970); and,
F. The Mobile Source Emissions Reduction Ordinance will comply with the
provisions of the South Coast Air Quality Management District's guidelines.
SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1, preceding, the following
amendments to the Municipal Code are hereby enacted:
'Title 3, Chapter 2, Article 3
"Mobile Source Emissions Reduction Ordinance
"Section 3-2.301. Purpose and Intent.
The City of San Juan Capistrano finds and determines that the purpose and
intent of this Ordinance 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 Coast Air Quality Management District in their efforts
to comply with California Clean Air Act and the Federal Clean Air Act as amended.
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(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.
"Section 3-2.302. Definitions.
(a) "City" shall mean the City of San Juan Capistrano.
(b) "District" shall mean the South Coast Air Quality Management District.
(c) "Fee Administrator" shall mean the Administrative Services Director or
their designee.
(d) "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.
(e) "Program Administrator" shall mean the Planning Services Department
Director or their designee.
(f) "Trust Fund" shall mean the Air Quality Improvement Trust Fund
established by the City to administer motor vehicle registration revenues.
"Section 3-2.303. Administration.
(a) Receipt of Fees: The additional motor vehicle registration fees disbursed
to the City by the District pursuant to this Ordinance 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 Ordinance 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 Ordinance 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 hereby 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. The cost of audits shall be deducted by the
District from the City's fee revenues.
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"Section 3-2.304. Mobile Source Air Pollution Reduction Programs.
The City will establish an administrative 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 Ordinance 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.
"Section 3-2.305. Liberal Construction.
The provisions of this Ordinance shall be construed to effectively carry out its
purposes, which are hereby found and declared to be in furtherance of the public health,
safety, welfare, and convenience."
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 3rd day of December
1991.
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% - GIL JONES, b
ATTEST:
CITY CLERK
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D
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL -JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 699 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on November 19, , 1991, and adopted at
a meeting held on December 3 , 1991, by the following vote:
AYES: Councilmen Friess, Iiausdorfer, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO NSO , CITY CLERK
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