Housing Land Use and Transportation 10/11/2013
Public Works Administration
SB 328 (Knight) – Support
Chapter No. 517, Statutes of 2013
SB 328, by Senator Stephen Knight, will, until January 1, 2018,
allow a county, with approval of the Board of Supervisors, to use
construction manager at-risk construction contracts for erecting,
constructing, altering, repairing, or improving buildings owned
or leased by the county. Only public works projects costing
in excess of $1 million are eligible. The measure allows a county
to award the construction manager at-risk construction contract
using either the lowest responsible bidder or best value
method.
A construction manager at-risk contract is a competitively
procured contract with an entity that guarantees the cost of a
project and furnishes construction management services,
including, but not limited to, preparation and coordination of
bid packages, scheduling, cost control, value engineering,
evaluation, preconstruction services and construction
administration. The construction manager at-risk is a tool
afforded other public entities such as cities, the courts, and
the university system. It is a well-tested alternative which
combines elements of the design-bid-build and design-build
methods and allows the owner of a project to retain a
construction manager who provides pre-construction services
during the design period and becomes the general contractor
during the construction process.
This bill provides counties another tool in the project delivery
toolbox and increases the ability for counties to use their
expertise and discretion to choose the best method for delivering
large public works projects. Counties and tax payers in general
will benefit from the cost-savings associated with the use of
construction manager at-risk procurement method.
SB 328 was signed by the Governor on October 3.
Transportation
AB 755 (Ammiano) – Opposition Removed
Chapter No. 593, Statutes of 2013
AB 755, by Assembly Member Tom Ammiano, will require that project
study reports (PSRs) for any new projects involving the
construction or reconstruction of a bridge – identified in a
regional transportation plan, interregional transportation
improvement program, or the state highway operation and
protection program – include a document demonstrating that a
suicide barrier was a feature considered during the project’s
planning process.
As chaptered, AB 755 limits the application of the measure to the
construction of new bridges and the replacement of existing
bridges with a history of documented suicides. CSAC supported
these amendments as we believed it was unnecessary to apply the
new mandate to all 24,000 plus bridges in the state in order to
achieve the bill’s goal of trying to reduce the incidence of
suicide.
The Governor signed AB 755 on October 5.
Land Use
SB 684 (Hill) – Support
Chapter No. 544, Statutes of 2013
SB 684, by Senator Jerry Hill, authorizes the extension,
preservation and retention of existing redevelopment signs with
approval of the county or city. The bill does not authorize new
signage nor are the existing signs under this proposal
billboards.
This measure was necessary in light of the elimination of
redevelopment agencies and the unintended consequence that
existing sign agreements cannot be extended because there is no
longer a redevelopment agency to authorize the extension. Before
the elimination of redevelopment agencies, these signs were
exempt from the Outdoor Advertising Act. Signage agreements
needed authorization from the redevelopment agency and the
California Department of Transportation (Caltrans). SB 684 simply
clarifies that existing redevelopment signs can be extended with
approval of a county or city, in place of the redevelopment
agency, and Caltrans.
The Governor signed SB 684 on October 4.
AB 683 (Mullin) – Support
Vetoed October 5
AB 683, by Assembly Member Kevin Mullin, would have authorize a
city or county to specially assess any fines or penalties not
paid after demand by the city or county against the owner of real
property whom owes fines or penalties. The fines and penalties
would have been collected at the same time and in the same manner
as regularly county taxes thereby avoiding additional time
consuming and costly new procedures. Finally, this measure would
have authorized a local agency to appoint a hearing officer to
hear and decide issues regarding ordinance violations and the
imposition of administrative fines and penalties.
Local agencies can have code enforcement violation cases drag on
for years. The changes proposed by AB 683 would have provided
cities and counties an additional tool for recouping fines and
penalties owed to the local agency.
In his veto message, the Governor stated the bill “could hamper efforts on the part of distressed homeowners to refinance or sell their property” and local governments have existing processes to recover their costs in abating ordinance violations.
AB 683 was vetoed on October 5.