HomeMy WebLinkAbout07 SB 1296 04-04-94AGE N
DATE:
APRIL 4, 1994
NO. 7
4-4-94
, n t e r- C o rn
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
STATU~ REPORT REOARDING SENATE BILL 1296 AS IT AFFECTS
NEWSRACK8 WITHIN THE CITY OF TUSTIN (P.W. FILE NO. 139)
~ECOMMENDATION
It is recommended that the City Council receive and file this
status report.
FISCAL IMPACT
There is no fiscal impact associated with Senate Bill 1296 (SB
1296).
BACKGROUND AND DISCUSSION
This status report has been prepared at the request of Mayor ports
in response to concerns regarding the display of harmful matter in
newsracks.
Existing law provides that any person who, knowingly displays,
sells, or offers to sell, in any coin-operated vending machine
(newsrack) located in a public place, other than a public place
from which minors are excluded, any harmful matter displaying to
the public view certain defined illicit photographs or pictorial
representations shall be punished by a fine, imprisoned in the
County jail for not more than one year, or both.
SB 1296 provides that any person who offers for sale materials
depicting specified illicit activities, and who fails to exercise
reasonable precautions in preventing the exhibition of the
materials to minors, is guilty of a misdemeanor, thereby imposing
a state-mandated local program by creating a new crime. Further,
SB 1296 requires that coin-operated vending machines (newsracks)
displaying, selling, or offering to sell the defined harmful
matter, must be supervised by an adult if they are accessible to
minors.
As part of the research for this report, staff conducted a survey
of newsracks located throughout the City. At no locations were any
newsracks identified displaying harmful material as defined in SB
1296.
CONCLUSION
SB 1296 is scheduled for.--- -a~ · hearing in the Senate Judiciary
Committee on April 4-5, 1994. Staff will continue to monitor the
legislation and will keep the City Council apprised of its status.'
Robert S. Ledendecker
Director of Public Works/
City Engineer
K~t]e Pitcher -
Administrative Assistant II
R~L:KP:klb:~b1296
NO. 8
Inter-Corn
APRIL 4,
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: ACCEPTANCE OF IMPROVEg4ENTS AND AUTHORIZING RECORDATION OF "NOTICE OF
COMPLETION" FOR WATER MAIN REPLACEMENT ON NEWPORT AVENUE, BETWEEN WALNUT
AVR'!~JE AND ]cEIqYON DRIVE (ClP NO. 6000871
RECOMMENDATION
It is recommended that the City Council, at their meeting of April
4, 1994, adopt the attached resolution accepting the works of
improvements and authorizing the recordation of the Notice of
Completion for the subject project.
Assuming no additional claims or stop notices are filed, it is
further recommended that 35 days after the date of the recordation
of the Notice of Completion, that the City Council authorize
payment of the final 10% retention amount of $17,042.21, less the
amount for claims filed already. The final retention payment will
be made to the Surety Company since the contractor has filed for
bankruptcy. This amount together with the previous payments of
$153,379.93 represents 100% of the final contract amount.
FISCAL IMPACT
The final cost of $170,422.14 is included in the 1993-94 FY budget.
BACKGROUND
This project consisted of the construction of PVC water mains for
the replacement of existing steel and ACP water mains.
This work has been completed to the satisfaction of the City
Engineer. The final cost of this project is $170,422.14. This
amount represents an increase of 1.84% over the original contract
amount of $167,281.50. The contract cost increase represents the
difference between final construction quantities and the project
estimated quantities and extra work added to the contract.
Robert S. Ledendecker
Director of Public Works/
City Engineer
Nestor Mondok
Assistant Civil Engineer
P, SL:NM:kib:nwFvumn
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RESOLUTION NO. 94-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT
AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION
FOR WATERMAIN REPLACEMENT ON NEWPORT AVENUE, BETWEEN
WALNUTAVENUE AND KENYON DRIVE
WHEREAS, Mike Noriega, dba Noriega Pipeline having a
contract with the City of Tustin to construct the hereinafter
described, public work and improvement; and
WHEREAS, the City Engineer has duly certified to the
construction and completion of said public improvements
hereinafter mentioned in manner satisfactory to the City
Council of the City of Tustin; and
WHEREAS, the City Council finds that said contractor has
completed said public improvement hereinafter more particularly
described in accordance with the provisions of the contract
documents and the Notice of Completion and acceptance of said
public work and improvement should be filed and payment of the
balance due said contract authorized in accordance with the
contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tustin that said public work and improvement be, and
the same is hereby accepted. Said public work and improvements
more particularly described as follows:
The construction of water main replacement on Newport
Avenue, between Walnut Avenue and Kenyon Drive
NOW, THEREFORE BE IT FURTHER RESOLVED that the City
Engineer of the City of Tustin be, and is hereby authorized to
execute an file a Notice of Completion and acceptance of said
public work and improvement described herein as required by
law.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the 4th day. of April,
1994.
Jim Potts, Mayor
ATTEST:
City Clerk