HomeMy WebLinkAboutMINUTES - 05101994 - 1.21 - A �
TO: BOARD OF SUPERVISORS Contra
�,._.
FROM: Phil Batchelor, County Administrator �� Costa
County
�.
DATE: May 9 , 1994
SUBJECT: LEGISLATION: AB 2519 (Karnette)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to AB 2519 by Assemblywoman tetty
Karnette, as the bill was amended on April 12, 1994, recognizing
that subsequent amendments have softened the bill to the point that
it is optional, as amended April 26, 1994 . The bill would have
required a public entity to do one or more of the following:
include in public works of improvement provisions requiring the use
of antigraffiti technology, or establish a method to finance a
graffiti abatement program, or establish a program to deter
graffiti .
BACKGROUND:
Current law provides for mandatory contract provisions for the
construction of any public work of improvement, including
provisions governing modification of contract terms for regulatory
compliance, retention proceeds, hazardous waste discovery,
construction delays, and unfair business practices .
Assemblywoman Karnette introduced AB 2519, which would require any .
public entity, with respect to a public works contract for a
project determined to be vulnerable to graffiti to do one or more
of the following: include a provision specifying requirements for
antigraffiti technology in the plans and specifications for that
project, or establish a method to finance a graffiti abatement
program, or establish a program to deter graffiti .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
l C
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :
ACTION OF BOARD ON May 10T19 94 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
�1L UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ,
ATTESTED �I q 9"F
Contact: PHIL BATCHEL ,CLERK OF"THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY 0,,A L240-e DEPUTY
A
Both the General Services Director and Deputy Public Works
Director-Flood Control noted that these requirements would add
substantially to the cost of many repair and construction projects
and would serve to be another unfunded State mandate. They have
recommended that the Board of Supervisors oppose these mandatory
provisions of AB 2519 .
On April 12, 1994, AB 2519 was amended to apply only to public
entities with a population over 165,000, thereby still being
applicable to Contra Costa County, although exempting most cities
from its provisions .
On April 18, 1994, AB 2519 was further amended to make the bill an
expression of the Legislature' s intent rather than an absolute
requirement. This had the effect of removing the State mandate
feature from the bill . The population limit was also removed.
On April 26 , 1994 , AB 2519 was further amended to permit a public
entity to do one or more of the following: include a provision
specifying requirements for antigraffiti technology in the plans
and specifications for that project, or establish a method to
finance a graffiti abatement program, or establish a program to
deter graffiti . All mandatory features of the bill have been
removed.
As long as the bill remains in its current form, it is appropriate
for the Board of Supervisors to remain neutral on the bill .
However, because the earlier versions of the bill would have proven
so onerous, we felt it appropriate for the Board of Supervisors to
oppose those earlier versions so that staff can express that
opposition in case this bill or some future bill return to the
mandatory nature of the bill .
cc: County Administrator
J. Michael Walford, Public Works Director
Barton J. Gilbert, Director of General Services
Milton Kubicek, Deputy Public Works Director - Flood Control
Victor J. Westman, County Counsel
Les Spahnn, Heim, Noack & Spahnn
-2-
GENERAL SERVICES DEPARTMENT
1220 Morello Avenue, Suite 200
Martinez, California 94553-4711
Extension 3-7100
DATE: April 6, 1994
TO: Claude L. Van Marter, Ass 'st nt u ty dministrator
FROM: Barton J. Gilbert, Directo o e eral ervices
SUBJECT: Assembly Bill No. 2519 (Karnette) -- Public contracts :
graffiti
While this Department is very concerned about the influx of
graffiti into public facilities, I feel that the County should be
concerned likewise about the adoption of AB 2519 .
This Bill would require that any repair work to County facilities
include provision for antigraffiti technology in the plans and
specifications, establish a method to finance a graffiti
abatement program, or establish a program to deter graffiti .
This would cost additional money, obviously, and I suspect that
it would become another unfunded mandate for the County.
BJG:dcg
cc: R. Hill
L. Littman
K. Brown
CONTRA
COSTA COUNTY
RECEIVED
OF
IS
s
I i
AMENDED IN ASSEMBLY APRIL 26, 1994'
AMENDED IN ASSEMBLY;APRIL 18, ;1994
AMENDEDJN,IN, ASSEMBLY APRIL 12, 1994
AMENDED IN ASSEMBLY MARCH 17, 1994
i
AIVfENDED`YN`ASSEMBLY MARCH.1; 1994
CALIFORNIA`I:E6ISL--ATIJRE' 1993 94°REGULAR` SESSION
SEMrBLYBILL t. , No 2519
Introduced,by t sseinbly Mer6ber Karnette '
FF .:
Jarivai' '14' 1:994
An act to add Section 7109 ,to,,the. ;Public ContractCode,
re'l�ti g tci ' iilblib bbhtracts'
J.
LEOISLAITIVt COVNSEL SDIGEST
`7 _, �
A `251 as amen ed;.I�#ne te. Public, contracts, graffiti:
",. ,: i I r � F i..k . d .i tr1:; : V r ,.,
Existing law .provides, Qr;rmandatory contract :provisions
applicable.1, all c6ptxacts Qf a Mate .or :local public entity
relating` ' to the e6Ustrue iQ of any . public, work; of
� n rp c7pG�rly�y1�erms for regulatory uga�oQVcom isio4s lance rle ento nfication of
co "t a ., g y p proe.eeds,
hazardous wa e cavery,�,cgn t tion ;delays, and _unfair
business practices.
This bill would declare the intent of the Legislature that a
public entity may, with respect to a public works contract for
a project, determined by the public entity to be vulnerable to
graffiti and that will be awarded after January 1, 1996, include
a provision that specifies requirements for antigraffiti
technology in the plans and specifications for that project,
establish a method to finance a graffiti abatement program, or
establish a program to deter graffiti.
Vote: majority. Appropriation: no. Fiscal committee: yes.
94 80
AB 2519. .
State-mandated local program no
The people of the State of California do enact as follows:
1 SECTION 1. Section. 7109 is .added, ito the Public
2 Contract Code, to read:
3 7109.: . .(a):. For :purposes_,of; this section:.
4 (1) "Antigraffiti technology" means landscaping,
5 :-paint, or other covering resistant to `graffiti, 'or oilier
6 -procedures-to deter graffiti: -
._ -
7 (2) "Graffiti" means any unauthorized inscription,
8 work, figure, or design that is marked, etched, scratched,
9 drawn- ; or ,painted. on .any` tructural component of any
10 building, structure, or other facility regardless of its
11 content or nature and regardless of the nature of the
12 material of the structural component.
13 (3) "Project" means the erection, construction,
14 alteration, repair, or improvement of any public
15 structure, building, road, or other public improvement of
16 any, kind.
17 (b)' If a publ c'entity determines that a prosect xnay be.
18 vulnerable to graffiti and the public entity will be
19 awarding a public works contract after January 1, 19962
20 _ for that proj ect,'it is,the intent of`the Legislature that;the
21 public' entity may do one or more of`the following
22 1 Include a rovision in`` the ublc works 'contract
O P. P
23 ` `that s ecif es"re tiirements 'for anti vaffiii"technology in
p q g
24 the plans and specifications for therqect.
25 (2)- Establish`a method to finance a graffiti abatement_
program.
27 (3)' 'Establish a'program to deter"graffiti':
r i
94 110
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