HomeMy WebLinkAbout08/06/1991, C-4 - CONSIDERATION OF AN ORDINANCE DELETING BONDING AND AMENDING INSURANCE REQUIREMENTS FOR TRANSPORTATION PERMITS (MUN. CODE SECTIONS 10.80.060 AND 10.80.070) MEETING OATS
Cl"J Of Sa►1'1 lUl S OBl Sp O
ITENI
COUNCIL AGENDA REPORT NUMB rJ
FROM:
David F.. Romero, Public Works Director
Wayne A. Peterson, City Engineer
Prepared by: Gerald W. Kenn , Supervising Civil Engineer
SUBJECT:
Consideration of an Ordinance Deleting Bonding and Amending
Insurance Requirements for Transportation Permits
(Mun. Code Sections 10.80.060 and 10.80.070)
RECOMMENDATION:
By Motion, Pass to Print Ordinance Amendments Deleting Bonding,
Amending Liability Insurance Requirements for Transportation
Permits.
BACKGROUND:
The Municipal Code currently requires a $ 1, 000 (minimum) bond to
guarantee repairs of any damage to public property as a result of
operations under a Transportation Permit for "extra legal" vehicles or
loads. "Extra Legal" means longer, higher, wider- or heavier than legal
loads established by the California Vehicle Code. In addition, the
permit holder must mubmit a liability insurance certificate, including
an endorsement naming the City as "additionally insured" .
The required insurance coverage is the amount required under the
California Vehicle Code (CVC) for vehicles weighing in excess of 7,500
pounds unladen weight. , or such other amount considered to be
appropriate by the City Engineer and City Attorney.
Recent changes to the California Vehicle Code (Section 35782) prevent
State or local authorities from requiring a bond and also limit the
amounts of insurance that can be required. The code does allow for
greater amounts for unusually large or heavy loads which pose a
substantial risk to public facilities. This amendment is, therefore,
proposed to bring our regulations into compliance with State Law.
The amendments would delete the bond requirement (M.C.Section
10.80.060 B. , and add wording to more clearly reflect when added
insurance is required per the CVC (M.C.Section 10.80.070) .
ALTERNATIVES:
Option 1: Pass to Print the proposed ordinance amendments.
Option 2: Deny pass to print if the Council wishes any
modifications to the ordinance.
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���i7�i�Idllll1111111° ����'II city Of San L.,.JS OBISPO
COUNCIL AGENDA REPORT
Transportation Permit Ordinance
Meeting of August 6, 1991
Page Two
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
The City's Municipal Code would be inconsistant with State Law.
FISCAL IMPACT:
Continuing costs in time and labor encumbered by staff to process and
monitor these records.
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CONCURRENCES:
The City Attorney and Risk Manager concur with the recommended action.
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Attachments:
1 - Legislative draft
2 - Ordinance
3 - Excerpts from CVC
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LEGISLATIVE DRAFT
10.80.060 Permit holder's responsibility for damages to public
property
-fir- The permit holder shall be responsible for the repair of all
damage to public property, including trees, pavement, curb, gutter,
sidewalk, and other facilities both above and below ground. The State
of California financial responsibility laws shall apply in all cases
where motor vehicles are used. (See Section 10.80.070)
.8 The P 6 Shall pact with- the City a sarety bea&-arl-
sash in t&e —aaek*nt—e€ ea tet__..__ della__ _ etheLm __--k
Treater- a-= deemed oto 1,y tha ^ity ragiaoo 'r- to --- --}---
�Faivs to pnblle gacila,ti-- .d m:g�a ,.,., the ..,,,... it hQldar-
10.80. 070 Liability insurance required.
The permit holder is responsible for personal injury or private
property damage which may occur through any act or omission an his
when acting under a permit, and in the event any claim is made
against the City or any department, officer, agent or employee thereof
by reason of, or in connection with, any such act or omission, the
permit holder shall defend, indemnify and hold each of them harmless
from such claim. The permit shall not be effective for any purpose
unless and until the permit holder files with the City Engineer an
insurance certificate and an "Additional Insured Endorsement" to the
satisfaction of the City Attorney. The insurance certificate supplied
shall reflect the endorsement namjin the City, its officers, agents
and employees as additional insured, indicate that the policy will
not be cancelled or the coverage reduced without ten days advance
written notice to the City and shall The amount of coverage shall
a& not be less ffi-a—n—Mat required by the
California Vehicle Code for vehicles weighing in excess of seven
thousand pounds unladen weight per Section 16500. 5 or such other amount
considered appropriatet herr--- for
unusually large or heavy loads which pose a substantial risk to public
facilities, as determined by the City Engineer and City Attorney.
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ORDINANCE NO. (1991 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE CHAPTER 10.80, SECTIONS 10.80.060
AND 10.80.0701 TRANSPORTATION PERMIT LIABILITY AND INSURANCE
BE IT RESOLVED by the City of San Luis Obispo as follows:
SECTION 1. Sections 10.80. 060 and 10.80.070 of the San Luis
Obispo Municipal Code are hereby amended to read as follows:
"Section 10.80.060 Permit holder's responsibility for damages to
public property.
The permit holder shall be responsible for the repair of all
damage to public property, including trees, pavement, curb, gutter,
sidewalk, and other facilities both above and below ground. The State
of California financial responsibility laws shall apply in all cases
where motor vehicles are used. (See Section 10.80. 070)
Section 10.80.070 Liability insurance required.
The permit holder is responsible for personal injury or private
property damage which may occur through any act or omission when acting
under a permit, and in the event any claim is made against the City or
any department, officer, agent or employee thereof, by reason of, or in
connection with, any such act or omission, the permit holder shall
defend, indemnify and hold each of them harmless from such claim. The
permit shall not be effective for any purpose unless and until the
permit holder files with the City Engineer an insurance certificate and
an "Additional Insured Endorsement" to the satisfaction of the City
Attorney. The insurance certificate supplied shall reflect the
endorsement naming the City, its officers, agents and employees as
additional insured, and indicate that the policy will not be cancelled
or the coverage reduced without ten days advance written notice to the
City. The amount of coverage shall not be less than that required by
the California Vehicle Code for vehicles weighing in excess of seven
thousand pounds unladen weight per Section 16500.5 or such other amount
considered appropriate for unusually large or heavy loads which pose a
substantial risk to public facilities, as determined by the City
Engineer and City Attorney.
SECTION 2. This ordinance, together with the ayes and noes, shall
be published at least three (3) days prior to its final passage in the
Telegram-Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days
after its said final passage.
Ordinance No. (1991 SERIES)
Transportation Permit Amendments
Page Two
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at the meeting held on the day of , 1991.
On motion of , seconded by
and on the- following roll call vote:
AYES:
NOES:
ABSENT:'
MAYOR RON DUNIN
ATTEST:
PAM VOGES, CITY CLERK
APPROVED:
City dministrative Officer
l7�z,n feo �'2�n�cl
1 A for ey'.
City End neer
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N•Ex1CLE CODE § 35782
(b).Linder conditions prescribed by the Department of Transportation or the local authority, e
Department of Transportation or local authority may accept applications made by,and issue its
directly to, an applicant or permit service by any of the following processes:
(1) In writing.
(2) By an authorized facsimile process.
(3) Through an authorized computer and modem connection.
i (.kmended by Stats-1989, c. 201, § 1; Stats.1990, c. 1358 (S.B.S42), § 1.)
(Joss Aderenew Code of Regulations Referen
prohibiting further mcvemmt of ovenized vehicle until si Toll bridge ee zi fa facilities,of ccs gs.]x excess
weight or dimen-
permit obtained.see§ 2803.
r
§ 35:80.3. Persons qualified for issuance of park trailer permit
A permit issued under Section 35750 for the movement of a p- trailer,as defined in subdivision
ft (f) of Section 79924 of the Civil Code, shall not be issue except to transporters, or licensed
manufacturers and dealers.
i (Added by Stats.1986, c. 1078, § 11, eff. Sept 24, 1956, o relive Jan. 1, 1981.)
§ 35:80.5. Permit to transport trusses; width limits on; processes for application and issuance
(_) The Department of Transportation or local a orities, ;.h respect to highways under their
respective jurisdictions, may, upon application ' issue a special permit ' authorizing the
applicant to operate or move a vehicle carrying load, lying in the horizontal position, of trusses as
defined in Section 657, one-piece roof, floor, o pall units, or fiat or formed metal products, of first
manufacture, that are used as single width omponerts in the manufacture of a finished product,
that exceeds the maximum width specified y this code, if the load does not exceed 12 feet in width
and the permittee complies with the r lations of the Department of Transportation or local
1 authorities, as the case may be, gove g the transportation of extra-legal loads.
i (b) Linder conditions Prescribed b the Detiarcment of Trarsuoration or the local authority, the
Department of Transportation or au ority may acre t appiications ma e, an issue permits
directiv to an applicant or ermi eenice. v any of t e fo low-inprocesses:
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(1) In writing.
(2) By an authorized fan' Ue Process.
(3) Through an authorized computer and modem connection.
(Amended by SZoof
a 201, § 2)
§ 35781. Stanication form for permit
The De artmans orration shall develop a standard application form fora permit. The
app icanoa lo a permit specifically esmbe rhe ve ie a an oa to operate or moved and
the particu highways over which permit to operate is requested, and whether the permit is
requesiWor a single trip or for continuous operation. Local authorities shall use the standard
atmlicati6n form develoned by the De w tient of Trans oration. The stern err arDhration form
s evelopeci in consultation with representatives of localovernment an the commercial
truVing industry,
Udnended by Stats.1989, a 206, § 1.)
§ 3579L Withholding or restricting permit; bond; proof of financial responsibility
(a The Department of Transportation or a local apthority ' - - av issue or withhold the permit
at its discretion, or,if the permit is issued, ' ' ' do any of the following when necessary to protect
avainst injury to the road foundations, surfaces. or structures:
aLU mit the number of trips ' ' '
jg_Establish seasonal or other time limitations within which the vehicle or vehicles described may
j be operated on the highways indicated ' '
(3 Otherwise ' ' ' limit or prescribe conditions of operation of the vehicle
(b The De artrrierxof Tuns oration or a local authority may not reauire the ostin of a bond as
a copeinon o e issuance of a permit except at a requirement o extra insurance or
other
Addltions or changes indicated by underline; deletions by asterisks • ' '
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§ 35782 17EHICLE CODE VERT r
financial security may be im osed as a condition fora permit for unusually 1 e or heavy loads § 357
w i pose a substantial ria u pub ie fatalities.
(c) Except as provided in subdivision (b), the Department of Transportation or a total authority A
may not require roof of financial res nsi itv in an amount eater an at reouire for exp 00
com Bance xith Section 16500.5 as a condition o e permit. an shot acre eyt ence of inantia °�
responst i ity w to comp les tai ctioa 16028.
can:
(Amended by Stats.1990, a 938 (.9.B.4228), § 1.) (Added)7
§§ as7s2
Historical and Statutory Nota
1990 Imipslation § 35795,
1990 ammdmat rewrote the section (a) The
of
§ 357 . Violation of permit • a
The fee'
(a) Ex t as rovided in subdivision (b), it is unlawful for any person to violate any of the terms established
or conoid s o any specs pewit 1 of
(b) Ia an corporated city where compliance %ith the route described in a s tial permit would excess of
result in a vi tion of total traffic regulations,the permittee may detour from a prescribed route �a�
senores
to avoid viola the local traffic re. lations if the permittee returns as soon as possible u the The f
prescribedroute. A etour vn era this subdivision shall be made ooIv on ' ' ' nonresidential streets.
(c If a violati0 under subdivision (a) consists of an extralegal load not being on the route deposited'.
desrnbedin the s permit and the vio aTUo is directly caused by the action of an employee (b) Lod
under the superiisio of, or by the action o any independent contractor working for, as nee
subject to this section a employee or independent contractor' ' ' causing the violation Is' guilty of estab is
a misdemeanor. ' ' subdivision applies only if the employee or independent contractor has the fee s
been provided written ' 'on on the route to travel and has not been directed to take a different for e
route by a peace officer. ment an
provi e at
(d The ruilt of an em lov or indeoendent contractor under subdivision(c)shall not extend to the body of
tree
.employing tat Persft unless the permittee is se arate v responsible far an aeuon tausm afforded at'
e violation necessitaud
(e A violation of eotriument n irements contained in Division 12 (commencin with Section miming,e
240001. v anv rson o tine a rot cars not const ere a vio.anon of anv terms or Nogg'
conditions of a s iia rmlt under bubdivision (a).
(Amended
jQ (1) Any person convicted of a yio tion of the terms and conditions of a special permit shall be
punished by a foe not exceeding five but ' dollars($500)or by imprisonment in the county jail for Code of R
a period not exceeding six months, or by th that foe and imprisonment. Permit res
(2) In addition, if the violation involves eight in excess of that authorized by the permit, an
additional fine shall be levied as specified in on 42030 on the amount of weight in excess of the D
amount authorized by the permit
(Amended by Stats.1988, c. 460, § 6.)
§ 35764.5. Conviction of transporting extralegal ad or causing, directing, or driving vehicle Section
without permit punishment; excess ight, additional fine 36012. Co
I.meary Rdereaea 36016. TM
Amomob+7es X331. '
36017. Em
C.I.S.Motor Vehicles §§ 695,114. § 36000. 1
§ 35790.4. Legislative findings and declaration An"impl
operations.
Statute cel
LJtStatu s CMI to An im lett
8t. P
CJS.Statutes§ 323. - traasportatior
other provisior
§ 35790.5. Vehicles carrying units of manufactured homes exempti from length limitations (Amended by
Ubnrr Rderenee § 36005. ImP
Moways sa169. Implement Q'
CJS.Highways§ 233 a seq.
T
Additions or changes Indicated by underline; deletions by aster) s • Add
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