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LEGISLATIVE COUNSEL'S DIGEST AB 2231, as amended, Fuentes. Sidewalks: repairs. Existing law requires the owners of lots or portions of lots fronting on any portion of a public street or place to maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition that will not interfere with the public convenience in the use of those works or areas, except as to those conditions created or maintained by persons other than the owner. Existing law requires the superintendent of streets, as defined, to provide specified notice to the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair or pending reconstruction, to repair the sidewalk. Under existing law, if the repair is not commenced within 2 weeks after the notice has been provided, the superintendent of streets shall make the repair and the cost of the repair shall be imposed as a lien on the property. This bill would require a city, county, or city and county to repair any sidewalk out of repair or pending reconstruction if that sidewalk is owned by the local entity, or if the repairs are required as a result of damage caused by plants or trees. The bill would provide that, if the local entity fails to carry out the repairs, the local entity shall be liable for any injury resulting from the failure to repair. The bill would prohibit a city, county, or city and county from imposing an assessment for these sidewalk repairs against the owner of private property fronting on any portion of a sidewalk. The bill would make these provisions applicable to charter cities and counties. By imposing new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5611 of the Streets and Highways Code is amended to read: 5611. (a) When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of the sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair, to repair the sidewalk. (b) Notwithstanding subdivision (a) or any other provision of this article, when any portion of any sidewalk is out of repair or pending reconstruction and is in a condition to endanger persons or property or is in a condition to interfere with the public convenience in the use of that sidewalk, a city, county, or city and county shall repair that sidewalk, if (1) that sidewalk is owned by that city, county, or city and county, or (2) the repairs are required as a result of damage caused by plants or trees. (c) If the city, county, or city and county fails to perform the repairs required under subdivision (b), the city, county, or city and county shall be liable for any injury resulting from the failure to repair. In bill text the following have special meaning: green underline denotes added text dark red struck out text denotes deleted text red text denotes vetoed text The symbol, , indicates a link to an affected code section 2011 CA A 2433 AUTHOR:Hill VERSION:Amended VERSION DATE:03/29/2012 BILL NUMBER: AB 2433 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Hill FEBRUARY 24, 2012 An act to amend Section 66540.12 of the Government Code, relating to the San Francisco Bay Area Water Emergency Transportation Authority. LEGISLATIVE COUNSEL'S DIGEST AB 2433, as amended, Hill. San Francisco Bay Area Water Emergency Transportation Authority: terms of board members. Existing law establishes the San Francisco Bay Area Water Emergency Transportation Authority (WETA) with specified powers and duties, including, but not limited to, the authority to coordinate the emergency activities of all water transportation and related facilities within the bay area region, as defined. Existing law provides for a board of directors who serve 6-year terms, 3 members of which are appointed by the Governor and one each by the Senate Committee on Rules and the Speaker of the Assembly. This bill would state the intent of the Legislature to enact legislation to create staggered terms for the members of the board of directors of WETA. This bill would change the terms of directors appointed by the Governor and the Legislature, with respect to the appointments next following the expiration of the initial terms, to between 2 and 6 years, as specified, in order to stagger the expiration dates. Directors appointed to the board thereafter would serve 6-year terms. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66540.12 of the Government Code is amended to read: 66540.12. (a) The authority shall be governed by a board composed of five members, as follows: (1) Three members shall be appointed by the Governor, subject to confirmation by the Senate. The Governor shall make the initial appointment of these members of the board no later than January 11, 2008. (2) One member shall be appointed by the Senate Committee on Rules. (3) One member shall be appointed by the Speaker of the Assembly. (b) Each member of the board shall be a resident of a county in the bay area region. (c) Public officers associated with an area of government, including planning or water, whether elected or appointed, may be appointed to serve contemporaneously as members of the board. A public agency shall not have more than one representative on the board of the authority. (d) The Governor shall designate one member as the chairperson of the board and one member as the vice chairperson of the board. (e) The Except as provided in subdivision (f), the term of a member of the board shall be six years. (f) (1) The appointments next following the expiration of the terms of the initial appointments shall be for the following terms: (A) Two of the members appointed by the Governor shall serve terms of two years and one shall serve a term of six years. (B) The member appointed by the Senate Committee on Rules shall serve a term of four years. (C) The member appointed by the Speaker of the Assembly shall serve a term of four years. (2) Each member appointed after the expiration of the terms set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) shall serve a term of six years. (f) (g) Vacancies shall be filled immediately by the appointing power for the unexpired portion of the terms in which they occur. SECTION 1. It is the intent of the Legislature to enact legislation that will create staggered terms for the members of the board of directors of the San Francisco Bay Area Water Emergency Transportation Authority. Copyright 2012 State Net. All Rights Reserved. c:\docume~1\destin~1\locals~1\temp\bcl technologies\easypdf 7\@bcl@5011e362\@bcl@5011e362.doc The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Gayle B. Uilkema, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District May 8, 2012 The Honorable Felipe Fuentes 39th Assembly District Capitol Building #2114 Sacramento, CA 95814 Subject: AB 2231: Sidewalk Repairs Dear Assembly Member Fuentes: I am writing to inform you of the Contra Costa County Board of Supervisors opposition to AB 2231 and to explain our position. As we understand it, AB 2231 would change current law related to sidewalk repairs such that cities and counties will be: responsible for sidewalk repair, liable for any injury related to a sidewalk in need of repair, and prohibited from assessing property owners for the repairs. These changes would have a nearly immitigable negative impact on cities and counties. The Board of Supervisors believes that current law provides an effective and reasonable framework with which local jurisdictions can develop sidewalk repair programs in the proper context of local priorities and funding capacity. This legislation is likely to have the effect of delaying critical infrastructure repairs in order to address projects re- prioritized by this state mandate. An unintended consequence of this legislation is likely to discourage the construction of any new sidewalks given the increase in liability and maintenance obligation that will come about by the proposed legislation. For these reasons Contra Costa County must oppose AB 2231. If you have any questions about our position, please contact Julie Bueren, Director of Public Works at 925-313- 2201. Sincerely, Mary N. Piepho David Twa Clerk of the Bo and County Adminis (925) 335-190 Contra Costa County c:\docume~1\destin~1\locals~1\temp\bcl technologies\easypdf 7\@bcl@5011e362\@bcl@5011e362.doc Supervisor, District III C: California State Assembly Committee on Local Government Hon. Cameron M. Smyth, 38th District, Chair Hon. Luis A. Alejo, 28th District, Vice-Chair Hon. Steven Bradford, 51st District Hon. Nora Campos, 23rd District Hon. Mike Davis, 48th District Hon. Richard S. Gordon, 21st District Hon. Ben Hueso, 79th District Hon. Steve Knight, 36th District Hon. Chris Norby, 72nd District Contra Costa County Legislative Delegation C. Kutsuris, Director, DCD J. Bueren, Director, PWD L. DeLaney, County Administrator’s Office A. Bourgart, CCTA D. Baker, California State Association of Counties c:\docume~1\destin~1\locals~1\temp\bcl technologies\easypdf 7\@bcl@2416c877\@bcl@2416c877.doc The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Gayle B. Uilkema, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District May 8, 2012 The Honorable Jerry Hill 19th Assembly District Capitol Building #3160 Sacramento, CA 95814 Subject: AB 2433: San Francisco Bay Area Water Emergency Transportation Authority: Terms of Board Members Dear Assembly Member Hill: The Contra Costa County Board of Supervisors supports your bill, AB 2433, which creates staggered terms for the Board of Directors of the Water Emergency Transportation Authority (WETA). The Board of Supervisors believes that the staggering of terms will improve the continuity of leadership for this important transportation agency. The Board of Supervisors also believes that our constituents would benefit from having representatives of the communities being served (or proposed to be served) by WETA on the Board of Directors. I, and the Board of Supervisors, believe it is essential that the development of any large transportation project or service be guided by representatives who possess knowledge of the project area in order to best reflect local priorities. The Contra Costa County Board of Supervisor respectfully requests an amendment to AB 2433 that, in addition to ensuring leadership continuity, would promote direct geographic representation on the WETA Board of Directors. Should you choose to incorporate this concept in to AB 2433, we are available to discuss any proposed mechanism. Thank you for authoring this important legislation. If you or your staff have any questions about this position or our suggested amendment, please contact me or Steven L. Goetz at (925) 674-7830 or at steven.goetz@dcd.cccounty.us. Sincerely, Mary N. Piepho, Chair Contra Costa County Board of Supervisors Supervisor, District III C: Contra Costa County Legislative Delegation Don Tatzin, Chair, Contra Costa Transportation Authority J. Frazier, Chair - TRANSPLAN Committee L. DeLaney, County Administrator’s Office S. Goetz, Deputy Director, Dept. of Conservation and Development David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County c:\docume~1\destin~1\locals~1\temp\bcl technologies\easypdf 7\@bcl@6404eb8b\@bcl@6404eb8b.doc The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Gayle B. Uilkema, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District May 8, 2012 Don Tatzin, Chair Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 Subject: Rapid Water Transit Service Dear Chair Tatzin: Staff representatives from the Water Emergency Transportation Authority (WETA) recently attended a TRANSPLAN meeting during which they provided an overview of current and planned WETA activities. Subsequent to that meeting the Board of Supervisors reviewed WETA expansion plans as well as a bill before the State Legislature (AB 2433 – Hill) that seeks to alter the terms of the WETA Board members. Our review of WETA plans leads us to believe that increased participation by Contra Costa transportation interests in ferry service planning will play a significant role in successful project implementation. With four ferry terminals planned in Contra Costa County and the recent approval of Measure J funds for the Hercules Intermodal Transit Center Project, there is a tremendous amount at stake for Contra Costa. We also believe that the development of any large transportation project should be guided by local representatives who possess substantial knowledge of our transportation issues. Given this, the Board of Supervisors has requested that AB 2433 be amended to include direct representation of Contra Costa County on the WETA Board (see attachment). In addition to this legislative appeal, the Board of Supervisors is now respectfully requesting the assistance and leadership of the Contra Costa Transportation Authority in engaging WETA and advocating for ferry service in Contra Costa County. There are a number of opportunities to participate in the ongoing dialog on ferry service implementation. The attachments to this letter document current initiatives including a request to establish a joint committee with WETA (initiated by TRANSPLAN), and the aforementioned amendment request for AB 2433. The details of how a Contra Costa representative would be appointed have not been discussed. However, we believe that designating the Contra Costa Transportation Authority as the appointing body would be in the best interests of Contra Costa County. If you or your staff has any questions about this request, please contact me or Steven L. Goetz at (925) 674- 7830 or at steven.goetz@dcd.cccounty.us. Sincerely, Mary N. Piepho, Chair David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County c:\docume~1\destin~1\locals~1\temp\bcl technologies\easypdf 7\@bcl@6404eb8b\@bcl@6404eb8b.doc Contra Costa County Board of Supervisors Supervisor, District III Attachment: 4/12/2012 Letter from TRANSPLAN to WETA re: Establishment of a Joint Committee 5/8/12 Letter from the BOS to Hon. Jerry Hill re: AB 2433: San Francisco Bay Area WETA: Terms of Board Members c: Janet Abelson, Chair, WCCTAC Jim Frazier, Chair, TRANSPLAN Julie Pierce, Chair, TRANSPAC