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SR-506-003-04-03 (2) .. . . b-8 . " FEB 1 3 1990 . 5.tP6 --.?JCJ:3 -~fL-tO 3 cA:RMM:rmd948ajhpca city Council Meeting 2-13-90 Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code section 3346 Relating to Maximum Weight Allowance on the California Incline At its meeting on January 23, 1990, the city council introduced for first reading an ordinance amending Municipal Code section 3346 to lower the maximum weight limitation of vehicles on the California Incline. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney Paul Bahan, Deputy City Attorney "-B fEB 1 3 1990 BEFORE DISTRIBUTION4IlECK CONTENT OF ALL FOR C~ CLERKIS ACTION . "- IS-fa DISTRIBUTION OF RESOLUTION # '/~ fO~ ORDINANCE # Cauncll Meetlng Date ~.s/9o Introduced: 03/C;O . , . Agenda Item # {;- ~ B Adopted: /Y6 ALWAYS PUBLISH ADOPTED ORDINANCES Was It amended? Cross out Attorney's approval VOTE: Afflrmatlve: /l80,?.. 7"Nr-~t:.-" h'~.sT"'< ~,......",.... ":"C'-s K....T L. 2~< ~ / / Negatlve: Abstaln: Absent: Cfi-LJ PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flled ln Vault. NEKSPAPER PUBLICATION (Date: ) I Department orlglnatlng staff report ( Laurle Lleberman) Ordlnances only for Attorney ( Claudla Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned In document or staff report (certlfled ?) SubJect fIle (agenda packet) 1 Counter flle 1 Others: (Revlew for departments who need to know). Alrport ParkIng Auth. f Audltorlum Personnel BUlldlng Dept. PlannIng CIED Pollce Flnance Purchaslng General Servo Recr/Parks Llbrary Transportatlon Manager Treasurer FIre 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 Myrlck Santa Monlca Munlclpal Court 1725 Maln Street, Room 118 'fS- Santa Nonl.ca, CA 90401 Total CopIes - ---- ~ ~ . . , 1 j . . CA:RMM:rmd949/hpca City council Meeting 2-13-90 Santa Monica, California ORDINANCE NUMBER lSlO(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3346 RELATING TO MAXIMUM WEIGHT ALLOWANCE ON THE CALIFORNIA INCLINE WHEREAS, on November 14, 1989, the city Council adopted Resolution Number 7935 (CCS) giving notice of its intention to amend Municipal Code Section 3346 to lower the maximum weight limitation of vehicles on the California Incline; and WHEREAS, the Resolution scheduled a public hearing for January 23, 1990, to hear written and oral objections to the proposed action; and WHEREAS, the Resolution was published in the official newspaper on November 23, 1989, November 30, 1989, December 7 , 1989, and December 14, 1989; and WHEREAS, notice having been given in the manner required by law and the City Council having considered all objections to the proposed action, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 3346 is amended to read as follows: - 1 - - '. . , SECTION 3346w prohibitinq 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, including any load thereon, in excess of 6,000 pounds. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 2 - ----- --- _F.. . . . . SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: (7-vt~ h r ~ ___ ROBERT M. MYERS City Attorney - 3 - I: , . . . . Adopted and approved this 13th day of February, 1990. p~ ~r:t: '- yor I hereby certify that the foregoing Ordinance No. 1510(CCS) was duly and regularly introduced at a meeting of the City Council on the 23rd day of January 1990; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 13th day of February 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: Councilmembers: None Abstain: councilmembers: None Absent: councilmembers: Reed ATTEST: ~~UJ 1tsSr. cW Clerk ~