SR-506-003-04-03 (4)
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cA:RMM:rmd922jhpca
City Council Meeting 11-14-89 Santa Monica, California
STAFF REPORT
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
At its meeting on August 8, 1989, the City Council adopted
Resolution 7871 (CCS) establishing a public hearing on October
24, 1989, to consider an amendment to Municipal Code section 3346
relating to the maximum weight allowed on the California Incline.
Because the October 24, 1989, City council meeting was canceled,
it is necessary to re-adopt this Resolution and establish a new
public hearing for January 23, 1990.
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
rain which was thought to have compromised the weight-bearing
capacity of the California Incline. (,..~
NOV 1 4 1989
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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 enact ing 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
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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.
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
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'BE~ORE DISTRIBUTIO~ECK CONTENT OF ALL FOR c4It CLERK'S ACTION
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. DISTRIBUTION OF RESOLUTION # (:7~/~)-~
ORDINANCE #
Councll Meeting Date .~Y/rY9 Introduced:
Agenda Item # 6--2 Adopted:
. /)/.. .... ALWAYS PUBLISH ADOPTED ORDINANCES
Was 1t amended? I - Cross out Attorney's approval
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VOTE: Aff1.rmat1.ve: // ~~ 0
Negat1.ve: .
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Abstaln:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFdRE ANYTHING
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DISTRIBUTION: ORIGINAL to he s1.gned, sealed and flIed l.n Vault.
NEWSPAPER PUBLICATION (Da te : )
Department Or1.glnatlng staff report( LaurIe Lleberman)
Ordlnances only for Attorney ( ClaudIa Thompson) 2
Management Servlces Lynne Barrette ORDINANCES ONLY 1
Agency mentIoned In document or staff report
(certlfied?)
SubJect flle (agenda packe t) 1
Counter flle 1
Others: (Rev1.ew for departments who need to know) .
A1.rport . Parklng Auth.
Audltorlum Personnel
BUlld1.ng Dept. Planning
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G/ED Pollce
Flnance Purchas1.ng
General Servo Recr/parks
L1.J:b..r ary Transportation
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Manager Treasurer
Flre ...
SEND FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS 4
l20 Maln sfreet
Avon, New Jersey 07717
SEND FOUR ~OPIES OF ALL ORDINANCES TO: 4
Debra Myrick
Santa Mon1.ca Mun1.clpal Court
1725 Maln Street, Room 118 :(
Santa Mon1.ca, CA 90401 Total Caples
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CA:RMM:rmd923/hpca
. City Council Meeting 11-14-89 Santa Monica, California
RESOLUTION NUMBER 7935(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. prohibitinq certain
Vehicles from Usinq 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.
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SECTION 2. The City Council does hereby order and declare
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that on the 23rd day of January, 1990, at 7:30 p.m., in the City
Council Chambers of City Hall, 1685 Main street, Santa Monica I
California, it will hold a hearing at which all interested
persons may submit written and oral objections 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:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 14th day of November, 1989.
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I hereby certify that the foregoing Resolution No. 7935{CCS)
was duly adopted by the City council of the city of Santa Monica
at a meeting thereof held on November 14, 1989 by the following
Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
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- City Cler~