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Home My WebLink About09 SECOND READING AND ADOPTION OF ORDINANCE NO. 1488Agenda Item 9 AGENDAREPORT RevieweCty Manager Finance Director N/A MEETING DATE: NOVEMBER 21, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1488 SUMMARY: Ordinance No. 1488 amends the Tustin City Code by adding Section 7114 to Chapter 1 of Article 7 of the Tustin City Code identifying the Tustin Civic Center Plaza and adopting regulations governing the use of the Tustin Civic Center Plaza RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1488. BACKGROUND: On November 7, 2017, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING SECTION 7114 TO CHAPTER 1 OF ARTICLE 7 OF THE TUSTIN CITY CODE IDENTIFYING THE TUSTIN CIVIC CENTER PLAZA AND ADOPTING REGULATIONS GOVERNING THE USE OF THE TUSTIN CIVIC CENTER PLAZA. Attachment: Ordinance No. 1488 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORRI ADDING SECTION 7114 TO CHAPTER I OF ARTICLE OF THE TUSTIN CITY CODE IDENTIFYING THE TUSTI CIVIC CENTER PLAZA AND ADOPTING REGULATION j GOVERNING THE USE OF THE TUSTIN CIVIC CENTEIZ PLAZA. I The City Council of the City of Tustin does hereby ordain as follows: SECTION I. The title of Chapter 1 of Article 7 of the Tustin City Code is hereby amended to read as follows: Chapter 1 —Parks; Tustin Civic Center Plaza SECTION [I. Chapter I of Article 7 of the Tustin City Code is hereby amended to add section 7114, as follows: TaMMITNTIFF11 a. Purpose and Intent The Tustin Civic Center Plaza, including all public plazas, parking lots, parkways and *ther publically-owned or controlled property therein should be readily accessible and available to residents, businesses, and the public at large. The purpose of this section is to maintain these public areas within the City in a clean, sanitary, safe, and accessible condition, to adequately protect the health, safety, and general welfare of the community, and to ensure that the Tustin Civic Center Plaza is used for its intended purpose and remains accessible to all citizens, businesses and visitors in the City. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public property. For the purpose of this section and unless the particular provisions or the contex) otherwise requires, the following words and phrases shall have the meanings ascribed to them herein as follows: "City Hall" means the Tustin City Hall located at 300 Centennial Way, Tustin, CA 92780. brary" means the Tustin branch of the Orange County Public library system, located at 345 East Main Street, Tustin, CA 92780. �'Police Department" means the Tustin Police Department located at 300 Centennia;, Way, Tustin, CA 92780. "Tustin Civic Center Plaza" means the exterior open public areas generally bounded by Centennial Way to the East; East Main Street to the South; South Prospect Avenue, 1279184.1 and the parcels of private properties identified as 217-249 Preble Drive, and 309 East 31d Street to the West; and East 31d Street and the parcels of private property identified as 380-436 East 2nd Street, and 190 Centennial Way to the North. The Tustin Civic Center Plaza is owned and controlled by the City and for purposes of this section does not include the sidewalks adjacent to the public areas described herein. The specific area that comprises the,Tustin Civic Center Plaza is more precisely identified in the map, located at subsection (g) (Figures) of this Section. C. Prohibited Conduct Generally The following activities and uses are prohibited in any area within the Tustin Civic Center Plaza: (1) To remain, stay or loiter in or on any portion of the Tustin Civic Center Plaza between the hours of 12:00 a.m. and 5:00 a.m., or during any period of time which shall have been designated by resolution or minute order of the City Council as a period when the Tustin Civic Center Plaza shall be closed; (2) To cut, break, injure, deface, move or disturb any tree, shrub, plant, rock, building, cage, monument, fence, bench, chair, table, electronic plugs/switches or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; or to cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer; (3) To stand, sit, lie, or otherwise enter into any landscaped area. This shall not prohibit entry into such areas for purposes of maintenance or upkeep of any landscaped areas as authorized by the City; (4) To make, kindle, or otherwise maintain a fire; (5) To wash dishes or to empty water or other waste liquids elsewhere than in the sinks provided for such purposes; provided, however, that nothing contained herein shall be deemed to authorize the dumping or disposal of any waste which is otherwise prohibited by any other law; (6) To leave garbage, cans, bottles, papers or other refuse in any place other than in the receptacles provided therefor; (7) To carry or discharge any weapons or firearms of any kind, including but not limited to knives, firecrackers, rockets, torpedoes or any other fireworks, air guns or slingshots; (8) To play or bet at any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit, or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming; 1279184.1 (9) To disturb in any manner any meeting, service, permitted party, exercise or exhibition conducted within the Tustin Civic Center Plaza area, or within any of the structures located thereon, provided that this provision shall not prohibit any person, group, or entity from exercising any rights protected by the First Amendment to the United States Constitution; (10) To sell or offer for sale any merchandise, article or thing, whatsoever, without first obtaining permission from the City Council or a permit from the Parks and Recreation Department; (11) To practice, carry on, or conduct any trade, occupation, business, or profession; provided that this subsection shall not apply to any activity occurring as an integral part of an event for which a permit has been approved pursuant to this chapter; (12) To enter into any area of the Tustin Civic Center Plaza bordered by a fence, blockade, or other device without the express authorization of the City Manager or his or her designee; (13) To bathe, swim, wade -in, or pollute the water of any public fountain or well. d. Exceptions The prohibition of Section 7114(a)(1), "To remain, stay or loiter in or on any portion of the Tustin Civic Center Plaza between the hours of 12:00 a.m. and 5:00 a.m., or during any period of time which shall have been designated by resolution or minute order of the City Council as a period when the Tustin Civic Center Plaza shall be closed" shall not apply to any of the following: (1) Personnel of the City of Tustin, including any staff, employees, council members, volunteers, agents, or other contractors authorized by the City to be present in the Tustin Civic Center Plaza to engage in City business; (2) Personnel of the County of Orange public library system, including any staff, employees, supervisors, volunteers, agents, or other contractors authorized by the County to be present in the Tustin Civic Center Plaza to engage in the business of the ?range County Public Library system; (3) To any period of time within the 30 minutes immediately following any regularly scheduled public meeting or event, or any other meeting, event, or proceeding conducted pursuant to a permit issued by the City, which takes place within the Tustin Civic Center Plaza, or any building located thereon; () To any person(s) within the Tustin Civic Center Plaza for purposes of contacting the Tustin Police Department. 1279184.1 e. Posting of Signs Signs prescribing that the Tustin Civic Center Plaza will be closed between the hours of 12:00 a.m. and 5:00 a.m. shall be clearly and conspicuously posted in a manner approved by the Director of Public Works. f. Violations Any violation of the provisions of this section is unlawful and a public nuisance, which may be prosecuted pursuant to the provisions of Part 2 of Chapter 2 of Article 1 of this Code. g. Figures The area outlined in red in the following figure delineates the boundaries of the Tustin Civic Center Plaza as described in subsection b of this Section: 1279184.1 SECTION Ill. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION IV. CEQA Exemption. The City Council finds that the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen. with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION IV. Severability. 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 AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of 2017. DR. ALLAN BERNSTEIN, ,• 9- 9 W 10"RUNTAXI 0 - 1279184.1 ORDINANCE CERTIFICATION 9• -0 so A M -W, am• [01 V oil 0 F.111 0 M21111 0 Lem Ell 1, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance 1488 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of November, 2017 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the .21St day of November, 2017 by the following vote: ERICA N. RAISE, City Clerk 1279184.1