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SR 10-23-2018 7A City Council Report City Council Meeting: October 23, 2018 Agenda Item: 7.A 1 of 1 To: Mayor and City Council From: Lane Dilg, City Attorney, City Attorney’s Office Subject: Second Reading and Adoption of Ordinance Creating Santa Monica Municipal Code Section 10.08.565 to Establish a Vehicle Weight Restriction Requirement for the Santa Monica Pier Bridge Recommended Action Staff recommends that City Council adopt the attached Ordinance. Executive Summary At its meeting on October 9, 2018, the City Council introduced for first reading an ordinance creating Santa Monica Municipal Code Section 10.08.565, to establish a vehicle weight restriction requirement for the Santa Monica Pier bridge. The ordinance is now presented to City Council for adoption. Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney Approved Forwarded to Council Attachments: A. Ordinance - Public Works - Pier Bridge Weight - Second Reading 10.23.18 1 City Council Meeting: October 23, 2018 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING SANTA MONICA MUNICIPAL CODE SECTION 10.08.565 TO ESTABLISH A VEHICLE WEIGHT RESTRICTION REQUIREMENT FOR THE SANTA MONICA PIER BRIDGE WHEREAS, the California Vehicle Code (“CVC”) Section 35751 permits a city or county with a population of 1,100,000 or more to determine and post a vehicle weight limit for a bridge within that city or county’s jurisdiction; and WHEREAS, based on engineering analysis and the fact that vehicle weight limit on the adjoining Santa Monica Pier is only 15 tons, City of Santa Monica (“City”) staff recommended to the County of Los Angeles (“County”) that the Pier Bridge vehicle weight limit should be set at 15 tons; and WHEREAS, on May 8, 2018, the City Council held a public hearing, at the request of the County, regarding setting the Pier Bridge vehicle weight limit at 15 tons; and WHEREAS, representatives from the County attended the hearing on May 8, 2018, and did not object to the 15-ton limit; and WHEREAS, representatives from the County later confirmed the County’s agreement with the 15-ton limit; 2 WHEREAS, the City now desires to establish a 15 -ton vehicle weight limit on the Pier Bridge. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Santa Monica Municipal Code Section 10.08.565 is hereby added to read as follows: 10.08.565 Pier Bridge – Vehicle weight restrictions. (a) No person shall drive, operate, tow, or otherwise propel on or onto the Pier Bridge any vehicle the gross weight of which exceeds 15 tons. (b) The term “gross weight” shall include the combined weight of the vehicle and any load thereon. (c) A validly issued community events permit issued pursuant Chapter 4.68 of this Code may provide an exemption from the requirements of this Section. Any vehicle that has obtained an exemption pursuant to a Community Events Permit and this subsection shall display the Community Events Permit in the windshield of the vehicle at all times while the vehicle is on the Pier Bridge. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 3 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 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. 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 30 days from its adoption. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney REFERENCE: Ordinance No. 2589 (CCS)