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Home My WebLink AboutItem 6.2 OrdAmndMuniCdOvrszVeh (2) CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 11, 1991 SUBJECT: EXHIBITS ATTACHED: 1) 2) RECOMMENDATION: 3) 4) ~/ ,/}~\ 1 ) \V 2) 3) 4) 5) FINANCIAL STATEMENT: Public Hearing: Ordinance Amending the City of Dublin Municipal Code: Chapter 6.68 Oversize Vehicle Permits (Report by Public Works Director Lee Thompson) Draft Ordinance Copy of Municipal Code Sections 6.68.110, 6.68.120, 6.68.130, 6.68.140, and 6.68.040(B) Copy of AB 4228 Letter from California Trucking Association Open public hearing. Receive Staff presentation and public testimony. Question Staff and the public. Close public hearing and deliberate. Waive reading and ADOPT ordinance amending the City of Dublin Municipal Code. None DESCRIPTION: This is the second reading of a proposed ordinance to modify the City's regulations pertaining to oversize load permits. State Assembly Bill 4228 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 Jarge 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 previousJy modified its permit form and fee schedule and is aJready in compliance with AB 1849. Staff recommends that the City Council conduct a public hearing, deliberate, waive the reading, and ADOPT the ordinance amending the City of Dublin Municipal Code. \ ~ rl --------~--~---------------------------------------------------------- ITEM NO. . COPIES TO: J-~ k50-80 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) pubJic 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 11th day of March, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 1 I I .J.- ~...,--......................,...,,~ --.. ..~.-..- 6.68.040 > B. Permittee shall be required to show evidence of public liability insurance in an amount prescribed by the City Engineer and to provide an insurance certificate which names the city, its offi- cials, officers, directors, employees, and agents as additional insureds, to protect the city and said persons from claims which may arise from permittee's opera- tions under the" permit. (Ord. 16-89 § 5: Ord. 13 § I (part), 1982) 6.68.050 Completion of work by city. If the work or use authorized by a per- mit is unsafe, in violation of this chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the city plus overhead shall be charged to and paid for by the permittee. (Ord. 16-89 § 6: Ord. 13 § I (part), 1982) Article II. Permit Requirements 6.68.060 Permit-Required. No person shall move over or cause to be moved overthe surface of any street or over any bridge or other structure main- tained by the city any oversize/over- weight vehicle without having first obtained a permit as required in this chapter. (Ord. 16-89 § 7: Ord. 13 § I (part), 1982) 6.68.070 Permit-Application. The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact loca- tions, nature, dimensions, duration, and purpose of the proposed travel route of the oversize/ovefW'eight vehicle. The application shall be filed with the City Engineer. (Ord. 16-89 § 8: Ord. 13 § 1 (part), 1982) 6.68.080 Permit-Application- Required documents. A. The application shall be accom- panied by maps, sketches or similar exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be plainly shown any and all information necessary. B. The application shall be "accom- panied by the written order or consent to any work thereunder which may be required by law or any other public agency or body. In a case in which the oversize/ovefW'eight vehicle enters the city from a state highway or freeway, the applicant shall submit a copy of the approved CALTRANS permit. (Ord. 16-89 §§ 9,10: Ord. 13 § 1 (part), 1982) 6.68.090 Action on application. Applications may be approved. condi- tionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the require- ments of this chapter have been met and the required fees and charges have been paid, he shall issue a permit for the over- size/overweight vehicle attacbing such conditions as he may deem necessary for the health, safety, and welfare of the pub- lic and fortbe protection of the city. If the City Engineer finds the requirements of 258 } 0'.~, ~~~.~ ;ÿ 'à'1i," r. " ;. ~ ~~;LJ~ ~ // ~.........~...-...-- this chapter have not been met, he shall deny the permit, giving the reasons there- forin writing. (Ord. 16-89 § 11: Ord. 13 § 1 (part), 1982) 6.68.100 Permit issuance-Fees and charges. A. Fees for issuance of the permit and charges shall be established by the City Council. from time to time by resolution upon recommendation of the City Engineer. Permit fees and charges may be waived in connection with any work being performed by any person or per- sons firm or corporation under contract with the city; or when permission to travel on the street with an oversize/over- weight vehicle has been expressly granted by the City Council. B. A public agency which is autho- rized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be 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 the required fees and charges. (Ord. 16-89 § 12: Ord. 13 § 1 (part), 1982) >- 6.68.110 Bond-Required. A. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall deposit with the city cash, a certified or cashier's check, or an approved surety bond in a sum to be fixed by the City Engineer as sufficient to reimburse the city for the estimated costs of doing any work necessary to enable an oversize/overweight vehicle or a building to be moved or to restore the street or any private property damaged by the move or 6.68.090 altered to allow the load or building to be moved. If the permittee anticipates applying for a number of permits throughout the year or applies for an annual permit, he may fùe a cash deposit or approved surety bond in a sum esti- mated by the City Engineer as sufficient to cover the permittee's activities during any twelve (12) month period. B. The City Engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient. (Ord. 16-89 §§ 13, 14: Ord. 13 § I (part), 1982) 6.68.120 Bond-Condition. ...!:::::: The condition of any bond or cash deposit made pursuant to this Article shall be that the permittee will diligently and with good faith comply with this chapt.er and the terms and conditions of the permit. (Ord. 16-89 § IS: Ord. 13 § I (part), 1982) 6.68.130 Bond-Payable to the ~ city-Term. Any bond or cash deposit required by the City Engineer pursuant to this chap- ter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit will be released. (Ord. 16-89 § 16: Ord. 13 § I (part), 1982) 6.68.140 Bond-Exclusions.---- Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or 259 6.68.140 maintain any works or facilities in, under, or. over any street. (Ord. 16-89 § 17: Ord. 13 § 1 (part), 1982) 6.68.150 Permit-Term. The permittee shall complete the work or use authorized by a permit issued pur- suant to this chapter within ninety (90) days from date Ç>f issuance, unless a dif- ferent period is stated in the permit. If the work or use is not completed within . ninety (90) days, or within the time stated in the permit, then the permit shall become void. An extension of time for good cause may be granted by the City Engineer when requested in writing. (Ord. 16-89 § 18: Ord. 13 § I (part), 1982) 6.68.160 Permit-Display required. The pennittee shall keep any permit in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the City engineer or law enforcement officer on demand. (Ord. 16-89 § 19: Ord. 13 § 1 (part), 1982) 6.68.170 Permit-Changes. No changes may be made in the route, dimension, character, or duration of the use as granted by the pennit except upon written authorization of the City Engineer. (Ord. 16-89 § 20: Ord. 13 § I (part), 1982) 6.68.180 Permit-Nontransferable. No permit issued pursuant to this chapter shall be transferable or assignable to any other person. (Ord. 16-89 § 21: Ord. 13 § 1 (part), 1982) 6.68.190 Compliance not met by issuance of other permits. Issuance of a building permit, elec- trical permit, plumbing permit, demolition permit, or any other permit which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder shall not constitute authorization to move any oversize/ overweight vehicle on any street. (Ord. 16-89 § 22: Ord. 13 § I (part), 1982) Article III. Performance of Work 6.68.200 Compliance with safety laws required. The permittee shall comply with all applicable federal, state, and local laws and regulations, including Department ofIndustrial Relations of the state ofCal- ifornia (CAL-OSHA) rules and regula- tions. (Ord. 16-89 § 23: Ord. 13 § I (part), 1982) 6.68.210 Inspections. The permittee shall allow the City Engineer or any law enforcement officer to inspect the oversize/overweight vehi- cle(s) pursuant to the permit at reason- able times. (Ord. 16-89 § 24: Ord. 13 § 1 (part), 1982) 6.68.220 Commencement of work- Notification required. The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of the vehicle entering the city. If appropriate, the perminee shall give such advance notice as may be required by the City Engineer to the 260 ~mbly Bill No. 4228 '., , CHAYrER938 An act to amend Section 35782 of the Vehicle Code, relating to vehicles. [Approved by Governor September 14, 1990. Filed with Se<:retary of State September 17, 1990.1 LEGISUTIVE COUNSEL'S DIGEST AB 4228, Quackenbush. Vehicles: permits for vehicles exceer1....ing size, weight, or load limits. Under existing law, the Department of Transportation or a local authority, with respeçt to highways under their respective jurisdictions, may issue permits for the operation of vehicles which exceed the size, weight, or load requirements of the Vehide Coèe, and may, among other things, require an undertaking or ot.'>:.er 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 underta..ì.::I1g or othe: 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 speçified. 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: SECTION 1. Section 35782 of the Vehicle Code is amended to read: 35782. (a) The Department of Transportation or a lccal authority may issue or 'Withhold the pennit at its discretion, or, if L'rJ.e permit is issued, do any of the following when necessary to proted against injury to the road, foundations, surfaces, or structures: (1) Limit the number of trips. (2) Establish seasonal or other time limitations \\ithin which L'Je vehicle or vehicles described may be operated on the highways indicated. (3) Othervvise limit or prescribe conditions or operation of :':-:e vehicle. J)) The Department of Transportation or a local authority cay not require the posting of a bond as a condition of the issuance c: a F:Jermit, except that a requirement of extra lIlSurance or oL"-:er financial security may be imposed as a conditicn for a permit for unusually large or heavy loads which pose a subs:antial risk to pt.:cl:.c faciliti~s. \c) Except as pro\ided in subdi"ision (b), the Depart:rnen: of Transp<Jrtation or a local authority may not require proof of ~c;al responsibility in an amount greater ~~ that reqUll~ ror compliance with Section 16300.5 as a condition of L'rJ.e pern;ut, ~'1? shall accept evidence of financial responsibility which complies w'.t.n , $¿ction 16028. " ~~.: i:, ì '.3: / 1--) l__J ----.-...,.,..,.,......--..-...-- CALIFORNIA TRUCKING 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 CD. Bartell is attached); and to provide you with information about AB 4228. AB 1849 changed the California Vehicle Code provisions (Sees. 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 (See. 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 lCZlds. This bill prohibits Caltrans and local governments from requiring insurance coverage in an amount greater than required for compliance with Vehicle Code See. 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 illlY overweight or oversize permit. AB 4228 requires a change in this practice. -,". ,'......,..,-~ ·1 J ~ i , ..-.---.....,...-"'---..-,......,.,.......~~ j- 'i.; :. _'... ::.' t SANTA Ftc SPRINGS. CAliFORNIA 90670 12631 E.o\ST IMPERIAL H,VY, #C, STE 109 (213) 868·9.\5.\ GENERAL OFFICE WEST SACRAMENTO, CALIFORNIA 9569\ 1251 BEACON BOULEVARD (916) 373·3500 HAYWAF.D, CAUFC=.';I.-\ 9·'5-15 2.\301 SOUTHL-\ND C=.\'::. SUI7:: 3C9 (.\15) 783·35~O Page 2 January 9, 1991 vVhile your government may be among those that have complied "lith 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 ma~ter, please let us know. ~ Thomas C. Schumacher Executive Vice President Cordially, TCS/vcz Enclosures