HomeMy WebLinkAbout16 ORD 1356, NO PARKING - STREET SWEEPING 10-21-08AGENDA REPORT
MEETING DATE: OCTOBER 21, 2008
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: WILLIAM A. HUSTON, CITY MANAGE
SUBJECT: AGENDA ITEMS 15, 16, 17 AND 18
RECOMMENDATION:
That the City Council continue the above items to its November 4, 2008 meeting.
DISCUSSION:
Since introduction of Ordinances 1354, 1356, 1357 and 1358, questions have been
raised by Council Members regarding implementation of various provisions of the
ordinances. Because the ordinances are interrelated and staff has not had time to
provide responses, continuance of the ordinances is recommended.
AGENDA REPORT
MEETING DATE: OCTOBER 21, 2008
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: SECOND READING OF 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 a.m. - 11:00 a.m.
Arterial Streets: 4:00 a.m. - 7:00 a.m.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1356 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On October 7, 2008, the City Council had first reading by title only and introduction of the
following Ordinance:
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
Maria R. Huizar,
Chief Deputy City Clerk
ATTACHMENT: Ordinance
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.
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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 (3150
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
59155 L4