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SR-506-003-03 (2) ... e e ~ CA:RMM:rmd922/hpca 5CJ6-o03-03 City Council Meeting 8-8-89 Santa Monica, California 0-1> STAFF REPORT AUG 0 8 '989 TO: Mayor and City Council FROM: city Attorney SUBJECT: Resolution Setting Public Hearing to Amend Santa Monica Municipal Code section 3346 Relating to Maximum Weight Allowance on the California Incline Santa Monica Municipal Code Section 3346, adopted in 1973, sets forth specific weight restrictions for vehicles traveling on the California Incline. Vehicles weighing in excess of 13 tons per single vehicle, 21 tons per semi-trailer, or 24 tons per truck and full trailer are prohibited from operating on the California Incline pursuant to this section. However, several years ago, the Traffic and Safety Engineer imposed a maximum weight of 6,000 pounds per vehicle, and posted signs on the California Incline, as an emergency response to a period of heavy raln which was thought to have compromised the weight-bearing capacity of the California Incline. The city is authorized to post traffic signs and control devices as may be necessary to implement local traffic ordinances or to warn or guide traffic pursuant to Vehicle Code Section 2135l. Santa Monica Municipal Code authorizes the Parking and Traffic Engineer to determine that streets are hazardous or dangerous and to post traffic signs and install traffic control devices to alleviate such dangerous conditions. However, several ~-p - 1 - AU 0 8 19B~ , e e . sections of the Vehicle Code limit the city's authority in these areas. Vehicle Code section 35701 allows cities to lower the maximum weight limit on a street or highway. However, this must be done by enacting an ordinance. The city has not adopted an ordinance lowering the weight limit on the California Incline. In addition, Vehicle Code Section 35705 provides that if state Highway Account funds were used to construct or maintain the California Incline, cities must comply with certain procedural requirements set forth in this section. The Director of the General Services Department believes that State Highway funds were used in either the construction or the maintenance of the California Incline. The Vehicle Code section 35705 requirements for lowering weight limits on streets or highways include the holding of a properly noticed city council hearing on the proposed weight restrictions. The notice of the public hearing must comply with Government Code Section 6064, must advise interested parties that they can submit written and oral objections to the proposed weight limit, and must advise interested persons of the date and location of the hearing. In addition, this Section requires that there must be a sixty day interval between the publication of the notice of the public hearing on the proposed weight limit and the deadline for submission of written objections to the proposed weight limit and the holding of the public hearing. The City did not follow any of these procedures prior to establishing a lower weight limit on the California Incline. - 2 - ---- e e To rectify this situation, the accompanying resolution has been prepared and is submitted for city council approval. The accompanying resolution sets a public hearing on the lowering of the weight limit on the California Incline. RECOMMENDATION It is respectfully recommended that the accompanying resolution be adopted. PREPARED BY: Robert M. Myers, City Attorney Paul Bahan, Deputy city Attorney - 3 - -------- -- - ------ --- ------- BEFORE DISTRIBUTION ~~CK CONTE~T OF ALL FOR CI,-,CLERK'S ACTION ,. - DISTRIBUTION OF RESOLuTION # 76' 7/ ORDINANCE :!! CauDell Meetlng Date f/?/J>,7 Introduced: Agenda Item ~ (; ,-p Adopted: ;}'O ALWAYS PUBLISH ADOPTED ORDI~ANCES Was it amended? Cross out Attorneyls approval VOTE: Afflrmatl..Ve: 6-/~ Negatlve: Abstaln: Absent: L:-"r.-/ , PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flled In Vault. NEWSPAPER PUBLICATION (Date: ) f Department orlg~natlng staff report( Laurle Lleberman) Ordlnances only for Attorney ( Claudla Thompson) 2 ~anagement ServLces Lynne Barrette ORJINANCES ONLY 1 Agency mentloned In document or staff report (certlfled? ) SubJect flle !agenda packet) 1 Counter f.11e 1 Others: (Revlew for depaI~ments who need ~o know) . Alrport Parklng Autr". Audltorlum Personnel BUlld~ng Dept. Plannl.ng C/ED Pollce Flnance Purchaslng General Servo Recr/Parks Llbrary TransportatLon Manager Treasurer Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 4; 120 Maln Street Avon, New Jersey 07717 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myr~ck Santa Monlca Munlclpa1 Court y 1725 Ma~n Street, ROOM 118 Santa Mon~ca, CA 90401 Total Cop~es . I e e .. l CA:RMM:rmd923/hpca city Counc11 Meeting 8-8-89 Santa Mon1cal CalJ.fornia RESOLUTION NUMBER 7871(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY OBJECTIONS TO THE AMENDMENT OF SANTA MONICA MUNICIPAL CODE SECTION 3346 TO LOWER THE MAXIMUM WEIGHT LIMITATION OF VEHICLES ON THE CALIFORNIA INCLINE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1- The City Council hereby gives notice of its intention to amend Municipal Code Section 3346 to read as follows: SECTION 3346. prohibit.ing Certain Vehicles from using California Avenue Between Ocean Avenue and the Palisades Beach Road. No person shall operate upon the public highway known as California Avenue between Ocean Avenue and the Palisades Beach Road, said portion of said California Avenue being commonly referred to as the California Incline, any vehicle which has a gross weight, incl uding any load thereon, in excess of 6,000 pounds. - 1 - . {<' e e SECTION 2. The City Council does hereby order and declare that on the 24th day October, 1989, at 7:30 p.m., in the City Council chambers of City Hall, 1685 Main street, Santa Monica, California, it will hold a hearing at which all interested persons may submit written and oral obj ections to the action proposed in Section 1. This Resolution shall be published in the manner required by law. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS City Attorney - 2 - . e e \ , . Adopted and approved this 8th day of August, 1989. ~ )~ I hereby certify that the foregoing Resolution No. 7871(CCS) was duly adopted by the city Council of the city of Santa Monica at a meeting thereof held on August 8, 1989 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Reed ATTEST: ~~I!- ~ . -city clerk