The URL can be used to link to this page

Home My WebLink About08/20/1991, C-6 - CONSIDERATION OF AN ORDINANCE DELETING BONDING AND AMENDING INSURANCE REQUIREMENTS FOR TRANSPORTATION PERMITS (MUNICIPAL CODE SECTIONS 10.80.060 AND 10.80.070). MEETING DATE: "'�' ►��Ilp '��III city of Sart LUIS OBISpo 8/20/91 ITEM NUMBER: 4 i COUNCIL AGENDA REPORT FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineer SUBJECT: Consideration of an ordinance deleting bonding and amending insurance requirements for Transportation Permits(Municipal Code Sections 10.80.060 and 10.80.070). RECOMMENDATION: Give final passage to Ordinance No. 1196 deleting bonding and amending liability insurance requirements for Transportation Permits. BACKGROUND: The City Council took action at its meeting of Tuesday, August 6, 1991, on a 5-0 vote, to introduce Ordinance No. 1196 to print. The agenda report from that meeting is attached. No public testimony was received and staff recommends Council give final passage to the ordinance as proposed. ATTACHMENTS: Original Agenda Report Ordinance No. 1196 I UNIIIII�u��D�Uy� 1" MEETWG DATE: c� "°N°�� II Iln�u�► o san tui s o8�spo awme COUNCIL AGENDA REPORT nW NUMB FROM: David F. Romero, Public Works Director Wayne A. Peterson, City Engineer - Prepared by: Gerald W. Kenn� Supervising Civil Engineer i 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 ..ubmit 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. C-G - � city of San WIS OBISpo ` Gii% COUNCIL AGENDA REPORT Transportation Permit Ordinance Meeting of August 6, 1991 Page Two i CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION: i 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. i i CONCURRENCES: i The City Attorney and Risk Manager concur with the recommended action. i i Attachments: 1 - Legislative draft 2 - Ordinance 3 - Excerpts from CVC P: \jerry\TransPer.wp i i I i i �-� • 3 LEGISLATIVE DRAFT 10.80.060 Permit holder's responsibility for damages to public property f Bond Fe"Ived -A-.- 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 r- shalipest Gity a ekiweey bo!!�d 4t sash in tie ��eue Wit- ewean� �e��a s a e e=ter mjweateramount as deemed appsc+ps1=*^ by }��: Engine-N, }„ a *-s aepa4r-s te—gubilo raeilitaoc damaged by Wa lder- 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 on-44-e• .paxt. 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 Citv Attorney. The insurance certificate supplied shall reflect the endorsement namoi�ng the City, its officers, agents and employees as additional insuredand 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 PWOMIde ^^;•^raq^ e€ not be less Ma—n=at 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 by beth the Gi:ty Ea9j:aeev and Git ttarr , y for unusually large or heavy loads which pose a substantial risk to public facilities, as determined by the City Engineer and City Attorney. P:\Jerry\TransPer.wp V • � 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 10.80.070, 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: QC!ity dministrative Officer CiV A for e City E11 neer w.VWry\TRMSRRwp ORDINANCE NO. 1196 (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. 070, 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. 0-1196 Ordinance No. 1196 (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 6th day of ALS zt 1991. On motion of Councilwoman Rama , seconded by Councilman Roalmaii , and on the following roll call vote: AYES: Councilwoman Rappa, Councilman Roalman, Councilwoman Pinard, Councilman Reiss, and mayor Darin. NOES: None ABSENT: None. ATTEST: RON DUNIN PAM VOGES, CIT$ CLERK APPROVED: City dministrative Officer Qin. A for ey' c/Iclity- En neer "ertykTAANSPERwp