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Home My WebLink About17 ORD 1357, NO PARKING MAIN ARTERIALS 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. 1357 - PROHIBITING PARKING ALONG DESIGNATED PORTIONS OF NEWPORT AVENUE, REDHILL AVENUE, AND IRVINE BOULEVARD SUMMARY: In response to a series of public workshops over the last year with City Council regarding traffic congestion along Newport Avenue, Red Hill Avenue, and Irvine Boulevard, staff recommends that the City Council adopt an ordinance prohibiting parking along designated portions of each arterial. It has been determined that congestion along each arterial can be relieved by increasing roadway capacity with the addition of a third travel lane in each direction within the existing curb-to-curb width. No additional right-of-way is required by this action. Proposed action will prohibit parking along the following designated portions of: 1. Newport Avenue -Sycamore Avenue to First Street; 2. Red Hill Avenue -Sycamore Avenue to Mitchell Street & San Juan Street to Bryan Avenue; and 3. Irvine Boulevard -Prospect Avenue to Holt Avenue. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1357 (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. 1357 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 5333 TO PART 3 TO CHAPTER 3 OF ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO PROHIBITION OF PARKING ON DESIGNATED ARTERIAL STREETS Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance ORDINANCE NO. 1357 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 5333 TO PART 3 TO CHAPTER 3 OF ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO PROHIBITION OF PARKING ON DESIGNATED ARTERIAL STREETS. 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 the arterial parking restrictions and consider implementation actions that would improve the quality of life within Tustin and increase the efficiency of the circulation system. B. That the Code amendment to the Tustin City Code will assure availability for use of existing vehicular capacity on the designated arterial streets, 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 is for restriping of streets and highways to relieve traffic congestion as set forth in Public Resources Code Section 21080.19 and California Environmental Quality Act (CEQA) Guidelines Section 15282(j), and as a result is statutorily exempt from CEQA. F. That the proposed amendment is reasonably necessary to protect the health, safety and welfare of the citizens of the City of Tustin. Ver: 9!24/2008 591552.4 SECTION II: Section 5333 of Part 3 of Chapter 3 of Article 5 of the Tustin City Code is hereby enacted to read as follows: 5333 PARKING PROHIBITED ON DESIGNATED ARTERIAL STREETS. a. Prohibition. Any other limitation on, or regulation concerning parking contained in this Article to the contrary notwithstanding, it is unlawful at any time to stop, stand, park, or leave standing any vehicle in any of the following segments of the following streets, or any portions thereof: 1. Irvine Boulevard between Prospect Avenue and Holt Avenue 2. Newport Avenue between Sycamore Avenue and First Street 3. Red Hill Avenue between Sycamore Avenue and Mitchell Street 4. Red Hill Avenue between San Juan Street and Bryan Avenue. b. Posting of Parking Restrictions ~n Designated Arterials. The City Engineer is hereby authorized to place and maintain, or cause to be placed and maintained, "No Stopping Any Time" signs on the portions of the streets identified in subsection a. c. Exemptions. The restrictions in subsection a shall not apply to: 1. any ambulance, or to a law enforcement or fire department vehicle parked or left parked during an emergency; or 2. vehicles parked in compliance with a lawful City encroachment permit, which permit authorizes vehicular parking in that segment or portion of segment of that street at that time. d. Penalties 1. Parking a vehicle in 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 for the reasonable towing and storage charges. Ver: 9/24/2008 591552.4 2. In addition, this Section may be enforced in any manner provided in Chapter 1 of the Tustin City Code. SECTION III. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. The City Council directs that enforcement of this Ordinance shall not commence until February 1, 2009. 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 Ver: 9/24/2008 591552.4 LA C{~.INA _WASS ST. 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