SR-506-003-04-03 (3)
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CA:RMM:rrnd948/hpca
city Council Meeting 1-23-90 .3anta Monica, California
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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 November 14, 1989, the City Council
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adopted ResolutiQn Number 7935 (CCS) giving notice of its
intention to amend Municipal Code Section 3346, and directed the
City Attorney to prepare an ordinance amending Municipal Code
section 3346, to lower the maximum weight limitation of vehicles
on the California Incline. In response to this direction, the
accompanying ordinance has been prepared and is presented to the
City Council for its consider~~ion.
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
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rain 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
21351. 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
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 ln 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
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weight limit, and must advise interested persons of the date and
location of the hearing. A public hearing has been scheduled for
October 24, 1989, in order to hear public comments on the
proposed ordinance. 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
Resolution declaring the intention of the City Council to amend
Municipal Code section 3346 to lower the weight limitation of
vehicles on the California Incline was published in the official
newspaper on August 17, 1989, August 24, 1989, August 31, 1989,
and September 7, 1989. Thus, the city has now complied with all
requirements of Vehicle Code Section 35705.
RECOMMENDATION
It is respectfully recommended that the accompanying
Ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Paul Bahan, Deputy city Attorney
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CA:RMM:rmd949/hpca
city council Meeting 1-23-90 Santa Monica, California
ORDINANCE NUMBER
-
(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:
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SECTION 3346. 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.
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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:
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ROBERT M. MYERS
City Attorney
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