R-9994
EPWM: CP: AA: RO H:\Staff Reports In Process\11_23\CCMISC-AshlandAveDOC
City Council Meeting: November 23, 2004 Santa Monica, California
RESOLUTION NUMBER 9994 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CONSTRUCTION OF A LOW-FLOW DIVERSION IN
ASHLAND AVENUE AT NEILSON WAY
WHEREAS, the Santa Monica Bay Beaches bacterial total maximum daily load
promulgated on July 15, 2003 requires that the bacterial levels in the bay not exceed
Basin Plan objectives for body-contact recreation use during the summer months;
WHEREAS, urban runoff entering the bay from the Ashland Avenue Storm drain
system discharges urban runoff into the bay which contributes to the bacterial level of
the bay; and
WHEREAS, the Los Angeles County Flood Control District ("District") proposes
to construct a low-flow diversion facility that will divert urban runoff into the sanitary
sewer system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves District Project No. 7401 ("Project"),
Low-Flow Diversion in Ashland Avenue near Neilson Way to proceed with construction.
SECTION 2. On January 21,2004, the Los Angeles County Department of
Public Works found this project to be categorically exempt under CEQA Section
15301 (b). The City concurs that the project is categorically exempt pursuant to this
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Section.
SECTION 3. The District is granted permission to occupy and use the public
right-of-way to construct, operate, and maintain the installation.
SECTION 4. The City will issue any necessary permits to the District on a no-fee
basis.
SECTION 5. The City, where legally possible and upon the request of the
District, will grant, transfer, or assign to the District all rights to require utility companies,
except City-owned or operated utility systems, to relocate or move utility lines or
services when necessary to construct and complete this project.
SECTION 6. For as long as the Project is operated by the District, the District
shall not be obligated to relocate, alter, or modify the Project on account of any right of
way improvements, realignments, roadway alterations, or reconstruction.
SECTION 7. The City Clerk shall certify to the adoption of this resolution, and
thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
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Adopted and approved this 23rd day of November, 2004.
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, '~ichar~ Bloom, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 9994 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 23rd day of November, 2004, by the
following vote:
Ayes:
Council members: Mayor Bloom, Mayor Pro Tern McKeown,
Genser, Holbrook, O'Connor
Noes:
Council members: None
Abstain:
Council members: None
Absent:
Council members: Feinstein, Katz
ATTEST:
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