HomeMy WebLinkAboutItem 6.1 AmdnOrdOvrszdVehPermits (2)
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: February 25, 1991
SUBJ ECT :
Public Hearing: Ordinance Amending the City of Dublin
Municipal Code: Chapter 6.68 Oversize Vehicle Permits
(Report by Public Works Director Lee Thompson)
EXHIBITS ATTACHED:
1) Draft Ordinance
2) Copy of Municipal Code Sections 6.68.110,
6.68.120, 6.68.130, 6.68.140, and 6.68.040(B)
3) Copy of AB 4228
4) Letter from California Trucking Association
RECOMMENDATION: /'lU~)
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3)
4)
5)
Open public hearing.
Receive Staff presentation and public testimony.
Question Staff and the public.
Close public hearing and deliberate.
Waive reading and INTRODUCE ordinance amending the
City of Dublin Municipal Code.
FINANCIAL STATEMENT:
None
DESCRIPTION: State Assembly Bill 4228 relating to oversize vehicle
permit requirements became effective on January 1, 1991. This new law states
that local jurisdictions are no longer allowed to require a bond as a
condition of an oversize vehicle permit except in circumstances where
unusually large or heavy loads pose a substantial risk to public facilities.
Such circumstances might include, for example, a permit to move a building
large enough to require relocation of power lines or other facilities.
AB 4228 additionally prohibits a local jurisdiction from requiring that the
permittee submit a Certificate of Insurance with an additional insured
endorsement and limits to amount of the insurance requirement to that which is
required by the Public Utilities Code.
The City Attorney has reviewed the City's Municipal Code and recommends that
Sections 6.68.110, 6.68.120, 6.68.130, and 6.68.140, which deal with bond
requirements, be deleted. A modification to Section 6.68.040(B), which deals
with the insurance requirement, is also recommended. The draft ordinance
reflects these changes.
The correspondence received from the California Trucking Association also
refers to the requirements of AB 1849. The City modified its permit form and
fee schedule and is already in compliance with AB 1849.
Staff recommends that the City Council conduct a public hearing, deliberate,
waive the reading, and INTRODUCE the ordinance amending the City of Dublin
Municipal Code.
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ORDINANCE NO. -91
AN ORDINANCE OF THE CITY OF DUBLIN
---------------------------------------------
AMENDING MUNICIPAL CODE CHAPTER 6.68
RELATING TO OVERSIZE OR OVERWEIGHT VEHICLE PERMITS
The City Council of the City of Dublin does ORDAIN as follows:
Section 1.
Section 6.68.040(B) of the City of Dublin Municipal Code is amended to
read as follows:
"B. Permittee shall be required to show evidence of public liability
insurance in an amount prescribed by the City Engineer consistent with
State Law to protect the City and its officials, officers, directors,
employees, and agents from claims which may arise from the permittee's
operations under the permit."
Section 2.
Sections 6.68.110, 6.68.120, 6.68.130, and 6.68.140 of the City of
Dublin Municipal Code are hereby deleted.
Section 3.
This Ordinance shall take effect and be in force 30 days following its
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of
California.
PASSED, APPROVED, AND ADOPTED this
th day of
, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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6.68.040
�-�� B. Permittee shall be required to show the City Engineer is necessary,including
evidence of public liability insurance in information to establish the exact loca-
an amount prescribed by the City tions, nature, dimensions, duration, and
Engineer and to provide an insurance purpose of the proposed travel route of
certificate which names the city, its offi- the oversize/overweight vehicle. The
cials, officers, directors, employees, and application shall be filed with the City
agents as additional insureds, to protect Engineer. (Ord. 16-89 § 8: Ord. 13 § 1
the city and said persons from claims (part), 1982)
which may arise from permittee's opera-
tions under the.permit. (Ord. 16-89 § 5: 6.68.080 Permit—Application-
Ord. 13 § 1 (part), 1982) Required documents.
A. The application shall be accom-
6.68.050 Completion of work by city. panied by maps, sketches or similar
If the work or use authorized by a per- exhibits to the size and in the quantity as
mit is unsafe,in violation of this chapter, the City Engineer shall prescribe on
or is unduly delayed by the permittee,the which shall be plainly shown any and all
City Engineer may, upon written notice, information necessary.
revoke the permit and complete the work B. The application shall be -accom-
or any portion thereof, or make the site panied by the written order or consent to
safe or return it to the same condition any work thereunder which may be •
existing prior thereto. The actual cost of required by law or any other public
performing such work by the city plus agency or body. In a case in which the
overhead shall be charged to and paid for oversize/overweight vehicle enters the
by the permittee. (Ord. 16-89§6: Ord. 13 city from a state highway or freeway,the
§ 1 (part), 1982) applicant shall submit a copy of the
approved CALTRANS permit. (Ord.
Article II. Permit Requirements 16-89 §§ 9, 10: Ord. 13 § 1 (part), 1982)
6.68.060 Permit—Required. 6.68.090 Action on application.
No person shall move over or cause to Applications may be approved,condi-
be moved over the surface of any street or tionally approved, or denied. The City
over any bridge or other structure main- Engineer shall act on the application
tained by the city any oversize/over- within thirty (30) working days. Where
weight vehicle without having first the City Engineer finds that the require-
obtained a permit as required in this ments of this chapter have been met and
ch'apter.(Ord. 16-89§7:Ord. 13§ 1(part), the required fees and charges have been
1982) paid, he shall issue a permit for the over-
size/overweight vehicle attaching such
6.68.070 Permit—Application. conditions as he may deem necessary for
The City Engineer shall provide an the health,safety,and welfare of the pub-
application form which shall contain lic and for the protection of the city.Ifthe
such information as in the judgment of City Engineer finds the requirements of
258 ��
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v.-4 7-../
6.68.090
this chapter have not been met, he shall altered to allow the load or building to be
deny the permit,giving the reasons there- moved. If the permittee anticipates
for in writing.(Ord. 16-89§ 11:Ord. 13§ 1 applying for a number of permits
(part), 1982) throughout the year or applies for an
annual permit,he may file a cash deposit
6.68.100 Permit issuance—Fees and or approved surety bond in a sum esti-
charges. mated by the City Engineer as sufficient
A. Fees for issuance of the permit and to cover the permittee's activities during
charges shall be established by the City any twelve (12) month period.
Council-from time to time by resolution B. The City Engineer may require an
upon recommendation of the City additional bond or cash deposit at any
Engineer.Permit fees and charges may be time when in his opinion the amount of
waived in connection with any work the bond or cash deposit previously made
•
being performed by any person or per- is insufficient. (Ord. 16-89 §§ 13, 14: Ord.
sons firm or corporation under contract 13 § 1 (part), 1982)
with the city; or when permission to
travel on the street with an oversize/over- 6.68.120 Bond—Condition.
weight vehicle has been expressly granted The condition of any bond or cash
by the City Council. deposit made pursuant to this Article
B. A public agency which is autho- shall be that the permittee will diligently
rized by law to establish or maintain any and with good faith comply with this
works or facilities in, under, or over any chapter and the terms and conditions of
public street shall not be subject to a fee the permit. (Ord. 16-89 § 15: Ord. 13 § 1
for issuance of a permit but shall be (per), 1982)
required to pay all other charges. A pub-
lic agency or utility may at the option of
the City Engineer arrange to be billed for 6.68.130 Bond—Payable to the
the required fees and charges.(Ord. 16-89 city—Term.
§ 12: Ord. 13 § 1 (part), 1982) Any bond or cash deposit required by
the City Engineer pursuant to this chap-
-- to. 6.68.110 Bond—Required. ter shall be payable to the city. Upon
A. Prior to issuance of a permit, satisfactory completion of all work
unless waived by the City Engineer, the authorized in the permit, and fulfillment
permittee shall deposit with the city cash, of all conditions of the permit, the bond
a certified or cashier's check, or an or cash deposit will be released. (Ord.
approved surety bond in a sum to be 16-89 § 16: Ord. 13 § 1 (part), 1982)
fixed by the City Engineer as sufficient to
reimburse the city for the estimated costs 6.68.140 Bond—Exclusions.
of doing any work necessary to enable an Cash deposits or bonds will not be
oversize/overweight vehicle or a building required of any public utility holding a
to be moved or to restore the street or any franchise with the City or public agency
private property damaged by the move or which is authorized by law to establish or
259
6.68.140
maintain any works or facilities in, 6.68.190 Compliance not met by
under, or over any street. (Ord. 16-89 § issuance of other permits.
17: Ord. 13 § 1 (part), 1982) Issuance of a building permit, elec-
trical permit, plumbing permit,
6.68.150 Permit—Term. demolition permit, or any other permit
The permittee shall complete the work which may be required by law at the same
or use authorized by a permit issued pur- location and in connection with the same
suant to this chapter within ninety (90) activity for which a permit would be
days from date of issuance, unless a dif- issued hereunder shall not constitute
ferent period is stated in the permit.If the authorization to move any oversize/
work or use is not completed within overweight vehicle on any street. (Ord.
ninety(90)days,or within the time stated 16-89 § 22: Ord. 13 § 1 (part), 1982)
in the permit, then the permit shall
become void. An extension of time for Article III. Performance of Work
good cause may be granted by the City
Engineer when requested in writing. 6.68.200 Compliance with safety
(Ord. 16-89 § 18: Ord. 13 § 1 (part), 1982) laws required.
The permittee shall comply with all
6.68.160 Permit—Display required. applicable federal, state, and local laws
The permittee shall keep any permit in and regulations, including Department
the cab of a vehicle when movement of Industrial Relations of the state of Cal-
thereof on a street is involved, and the ifornia (CAL-OSHA) rules and regula-
tions. (Ord. 16-89§23: Ord. 13§ 1 (part),
permit must be shown to any authorized 1982)
representative of the City engineer or law
enforcement officer on demand. (Ord.
16-89 § 19: Ord. 13 § 1 (part), 1982) 6.68.210 Inspections.
The permittee shall allow the City
Engineer or any law enforcement officer
• 6.68.170 Permit—Changes. to inspect the oversize/overweight vehi-
No changes may be made in the route, cle(s) pursuant to the permit at reason-
dimension, character, or duration of the able times. (Ord. 16-89 § 24: Ord. 13 § 1
use as granted by the permit except upon (part), 1982)
written authorization of the City
Engineer. (Ord. 16-89 § 20: Ord. 13 § 1
(part), 1982) 6.68.220 Commencement of work—
Notification required.
The permittee shall notify the City
6.68.180 Permit—Nontransferable. Engineer at least twenty-four (24) hours
No permit issued pursuant to this in advance of the vehicle entering the
chapter shall be transferable or assignable city. If appropriate, the permittee shall
to any other person. (Ord. 16-89 § 21: give such advance notice as may be
Ord. 13 § 1 (part), 1982) required by the City Engineer to the
260
Assembly Bill No. 4228
CHAPTER 938
An act to amend Section 35782 of the Vehicle Code, relating to
vehicles.
[Approved by Governor September 14, 1990. Filed with
Secretary of State September 17, 1990.]
LEGISLATIVE COUNSEL'S DIGEST
AB 4228, Quackenbush. Vehicles:permits for vehicles exceeding
size, weight, or load limits.
Under existing law, the Department of Transportation or a local
authority, with respect to highways under their respective
jurisdictions, may issue permits for the operation of vehicles which
exceed the size, weight, or load requirements of the Vehicle Code,
and may, among other things, require an undertaking or other
security for indemnity for any damage to the highway resulting from
the operation of the permitted vehicle.
This bill would delete that authorization to require an undertaking
or other security and would specifically prohibit the department or
local authority from requiring the posting of a bond as a condition of
the permit, except as specified. The bill would specify the proof of
financial responsibility which may be required for issuance of a
permit.
The people of the State of California do enact as follows:
SELTION 1. Section 35782 of the Vehicle Code is amended to
read: •
35782. (a) The Department of Transportation or a local
authority may issue or withhold the permit at its discretion,or,if the
permit is issued, do any of the following when necessary to protect
against injury to the road, foundations, surfaces, or structures:
(1) Limit the number of trips.
(2) Establish seasonal or other time limitations within which the
vehicle or vehicles described may be operated on the highways
indicated.
(3) Otherwise limit or prescribe conditions of operation of the
vehicle.
,6) The Department of Transportation or a local authority may
riot require the posting of a bond as a condition of the issuance of a
permit, except that a requirement of extra insurance or other
;Financial security may be imposed as a condition for a permit for
unusually large or heavy loads which pose a substantial risk to public
facilities.
(c) Except as provided in subdivision (b), the Department of
Transportation or a local authority may not require proof of financial
responsibility in an amount greater than that required for
.compliance with Section 16500.5 as a condition of the permit, and
shall accept evidence of financial responsibility which complies with
Section 16028.
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CALIFORNIA
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4,.
ASSOCIATION
January 9, 1991
West Sacramento
Honorable Paul C. Moffatt, Mayor
City of Dublin
100 Civic Plaza
Dublin, CA 94568
•
Dear Mr. Mayor:
California Trucking Association seeks your assistance and cooperation in implementing
two laws recently enacted by the Legislature. Assembly Bills No. 1849 and 4228 were
enacted during the 1989-1990 session of the Legislature (copies attached)
I am writing to provide you with information about AB 1849 because previous
communications by the California Department of Transportation apparently did not
sufficiently inform the policymakers in local government about the effect of that new law
(a copy of an April 20, 1990, letter from C.D. Bartell is attached); and to provide you
with information about AB 4228.
AB 1849 changed the California Vehicle Code provisions (Secs. 35781 and 35795) that
authorize Caltrans and local governments to issue permits that allow use of their streets
and roads by vehicles and loads that exceed the state size and weight limitations. This
bill established statewide uniformity by requiring Caltrans to adopt standardized forms
and a uniform schedule of fees. Many local governments have failed to change their
forms and their fee schedules to comply with the new Caltrans regulations.
AB 4228 changed the Vehicle Code provision (Sec. 35782) that authorizes Caltrans and
local governments to require insurance, indemnity or other undertaking as a condition
of issuing a permit for oversize or overweight vehicles and loads. This bill prohibits
Caltrans and local governments from requiring insurance coverage in an amount greater
than required for compliance with Vehicle Code Sec. 16500.5, except when an unusually
large or heavy load poses a substantial risk to public facilities. Many local governments
have required the permittee to name them as additional insureds, to post bonds, to
obtain additional insurance, and so forth, as a condition of issuing any overweight or
oversize permit. AB 4228 requires a change in this practice.
eruct
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GENERAL OFFICE
SANTA FE SPRINGS,CALIFORNIA 90670 WEST SACRAMENTO,CALIFORNIA 95691 HAYWARD,CALIFORNIA 94545
12631 EAST IMPERIAL HWY,#C,STE 109 1251 BEACON BOULEVARD 24301 SOUTHLAND DRIVE,SUITE 309
(213)868-9454 (916)373-3500 (415)783-3870
Page 2
January 9, 1991
While your government may be among those that have complied with AB 1849, your
employees in charge of issuing permits for oversize and overweight loads may be
confused about the new requirements of this bill,or about the insurance changes enacted
by AB 4228. If your jurisdiction has not already complied with AB 1849 and AB 4228,
our industry will sincerely appreciate your cooperation in implementing these new laws.
If we can be of any assistance to you-in this matter, please let us know.
Cordially,
12i /
Thomas C. Schumacher
Executive Vice President
TCS/vcz
Enclosures