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HomeMy WebLinkAbout04 NO PARKING ON STREET SWEEPING DAY 10-07-08AGENDA REPORT MEETING DATE: OCTOBER 7, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. SERLET, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: ORDINANCE NO. 1356 PROHIBITING PARKING TO FACILITATE STREET SWEEPING SUMMARY Over the past year several City Council workshops were held to discuss parking regulations for purposes of improving the quality of life within Tustin. Among the regulations considered were those necessary to facilitate street sweeping throughout the City. At its September 15, 2008 workshop the City Council directed staff to prepare an ordinance restricting parking on all public streets during the following hours on the day the street is scheduled to be swept: ^ Residential Streets 7:00 AM - 11:00 AM ^ Arterial Streets 4:00 AM - 7:00 AM RECOMMENDATION It is recommended that the City Council introduce and approve the first reading of Ordinance No. 1356 to prohibit parking to facilitate street sweeping, and approve a supplemental appropriation of $175,000 from the undesignated, unappropriated fund balance of the General Fund for enforcement personnel and equipment. FISCAL IMPACT Funds in the amount of $150,000 are budgeted and available from the Arterial Highway Capacity Enhancements and Citywide Parking Restrictions Project (CIP No. 4074) to install street sweeping signs. A supplemental appropriation of $175,000 from the undesignated, upappropriated fund balance of the General Fund will be required to provide two vehicles and two enforcement personnel for initiation of the program in this fiscal year. BACKGROUND All streets in the City are swept on a weekly basis, typically on the day after trash collection. This includes sweeping on arterial roads as well as local streets and collectors. Restriction of parking to facilitate street sweeping is desirable in order to increase the quality and appearance of the circulation system and enhance the City's compliance with the Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES). Ordinance No. 1356 Prohibiting Parking to Facilitate Street Sweeping October 7, 2008 Page 2 DISCUSSION There are currently 117 areas with parking restrictions for street sweeping. However, sweepers are required to drive around cars that are legally parked on streets that have no parking restrictions. By restricting parking on all public streets for the purpose of sweeping, City residents and businesses will receive improved service for the same cost. Staff recommends approval of Ordinance No. 1356 restricting parking on all public streets during the following hours on the day the street is scheduled to be swept: ^ Residential Streets 7:00 AM - 11:00 AM ^ Arterial Streets 4:00 AM - 7:00 AM Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachment: Ordinance No. 1356 ORDINANCE NO. 1356 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 5334 TO PART 3 TO CHAPTER 3 OF ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO RESTRICTION OF PARKING TO FACILITATE STREET SWEEPING. The City Council of the City of Tustin, California, ordains: SECTION I: The City Council finds and determines that: A. That on October 16, 2007, March 18, 2008, April 15, 2008 and September 15, 2008, the City Council conducted public workshops to review the existing parking regulations including consideration of implementation actions that would improve the quality of life within Tustin and increase the quality and appearance of the circulation system. B. That this Code amendment to the Tustin City Code will facilitate the cleanliness and appearance of public streets, reduce degradation of water runoff into the City's stormwater system, and will do so in a manner that is protective of those traveling and parking upon public streets in the City. C. That the Code amendment is regulatory in nature, and the City of Tustin has a substantial interest in protecting the health and safety of the public, including those traveling upon, and parking upon, City streets. D. That on October 7, 2008, a public hearing was duly noticed, called, and held concerning this Code amendment. E. That the Code amendment regulates the use of existing public highways and streets for public health, safety and welfare purposes, and is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect adverse physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in an adverse physical change to the environment, directly or indirectly. F. That the proposed amendment is reasonably necessary to protect the health, safety and welfare of the citizens of the City of Tustin. Version: 9/24/2008 591551.4 SECTION II. Section 5334 of Part 3 of Chapter 3 of Article 5 of the Tustin City Code is hereby enacted to read as follows: 5334 PARKING RESTRICTED TO FACILITATE STREET SWEEPING. a. Prohibition. Any other limitation on, or regulation concerning parking contained in this Article to the contrary notwithstanding, it is unlawful to stop, stand, park, or leave standing, any vehicle on any street, highway, or portion thereof, during the hours and on the day or days of the month indicated on signs containing the words "No Parking," which signs have been placed in pursuant to Tustin City Code Section 5334b. b. Parking Signs. The City Traffic Engineer is hereby authorized to determine the locations of and to place and maintain, or cause to be placed and maintained, signs designating the hours during which, and day or days of the month on which, parking is prohibited in order to permit City equipment to sweep streets or highways. c. Exemptions The following shall be exempt from the restrictions of Section 5334a: 1. Ambulance, law enforcement and fire department vehicles; and 2. Construction vehicles, dumpsters and other obstructions permitted pursuant to a valid encroachment permit. d. Penalties. 1. Violation of this Section shall be an infraction. All persons designated by the Chief of Police are authorized and empowered to remove or cause to be removed all vehicles parked on a street contrary to the provisions of this Section, and to store the vehicles. The owner or operator of any such vehicle shall be liable to the reasonable towing and storage charges. 2. In addition, this Section may be enforced in any manner provided in Chapter 1 of the Tustin City Code or under California law. SECTION III. This Ordinance shall become effective at 12:01 am on the thirty-first (31St) day after passage. In order to allow sufficient time for posting of signage and notice to the public, the City Council directs that enforcement of this Ordinance shall commence on the 60th day after passage. Version: 9/24/2008 591551.4 SECTION IV. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this day of 2008. JERRY AMANTE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY Version: 9/24/2008 591551.4