bos agenda/minutes - august 2, 1990 - metroboardarchives.metro.net/other/bos/bos_2_028.pdfdiesel...

LOS ANGELES COUN’FY TRANSPORTATION COMMISSION 818 West 7th. St., Suite 1100, Los Angeles, Calif. 90017 (213) 623 1194

137304

BUS OPERATIONS SUBCOMMITTEEThursday, August 2, 1990 - 9:30 a.m.

LACTC Long Beach Room, llth Floor818 West Seventh StreetLos Angeles, CA 90017

8.

9.

i0.

Call to Order

Approval of July 5, 1990 Minutes(Item l,.Page 2)

Transit Service Expansion Program(Item 2, page ii)

TDA Claim Revised Instructions(Item 3, page 19)

Legislative Update¯ State Graffiti Legislation

(Item 4~ page 28)

Required Driver Training

Los Angeles Festival

FY 90 Consumer Price Index

New Business

(Item 5, page 53)

(0ral Report)

(Oral Report)

Adjournment

DISPOSITION

ACTION

ACTION

INFORMATION

INFORMATION

INFORMATION

INFORMATION

INFORMATION

Leading the Way to Greater Mobility

MINUTES _

LOS ANGELES COUNTY TRANSPORTA11ON COMMISSION 818 West 7th. St., Suite 1100, Los Angeles, Calif. 90017 (213) 623

BUS OPm~TTOZ;S sm~com~.

1194

JULY 5, 1990

MEMBERS PRESENT

Name Aqency

Jim ParkerDave FeinbergDan GomezDave AscraftMichael UyenoJohn DiMarioMary LauHelen.ReyesCara RiceStephanie GriffinSteven Brown

GardenaArcadiaCommerceCulver cityLADOTLa MiradaLos Angeles County DPWMontebe!loRedondo BeachSanta MonicaSCRTD

OTHERS PRESENT

Ellen GelbardBrian HymanPat ButtersRoger DayArt Northover

SCRTD.SCRTDDetroit Diesel Corp.Detroit Diesel Corp.Detroit Diesel Corp.

LACTC STAFF PRESENT

Shahrzad AmiriDonna BarrettJami CarringtonDeidre HeitmanPatti HolmbergBrynn KernaghanCynthia PansingDale RoyalRita Vega-Acevedo

FILE:BOSMINLeading the Way to Greater Mobil/iy

III.

IV.

CALL TO ORDER - B.O.S.

APPROVAL OF JUNE 7, 1990 MINUTES - Action

Without any revisions, the June 7, 1990 Minutes were moved,seconded, and approved as presented.

LEGISLATIVE UPDATE - Discussion

Deidre Heitman gave an update of two state legislativeitems:

(1)

(2)

AB 3097 - Restricting the purchase of buses with non-vertical exhaust systems, AB 3097 was amended by theauthor to apply only to buses with more than 45 seats.BOS members noted that with the 45-seat limit, the billstill impacts several L.A. County bus operators.

AB 4089 - Regarding requirements for fixed route opera-tors to offer paratransit service, LACTC maintains aposition of oppose unless amended. In the Bay Area, MTCis opposed to the bill. Staff will continue toencourage amendments.

BOS members paused for a moment to recognize Deidre Heitmanfor her diligence in communicating to the Legislature theconcerns of bus operators on proposed legislation over thepast few months. Well done.

LOS ANGELES FESTIVAL - Information

Michael Uyeno, LADOT, summarized the findings of the BOS LosAngeles Festival Working Group.

In projecting the need for additional bus service to servethe September weekend arts festival sites, the Working Groupconcluded that two sites required additional service:Angel’s Gate Park and Griffith Park. For Angel’s Gate Park,a bus shuttle is recommended to run from the site to park-and-ride lots at Todd Shipyard and White Point Park. For

Griffith Park, it is recommended that LADOT extend its Line203 bus route. Other service adjustments will be consideredlater.

TRANSIT SERVICE EXPANSION PROGRAM - Information

Dale Royal, LACTC, reviewed the administrative details ofLACTC’s new funding program for fixed route bus service.

Royal explained that $13 million was allocated by the Commis-sion on June 27, 1990 to the Transit Service ExpansionProgram, as a two-year pilot program. Royal noted that, todate, no formal application forms had been developed. To

apply, letters of interest including a description of theproposed service and estimated operating expenses are beingaccepted.

VI. DISASTER PREPAREDNESS - Information

Jami Carrington, LACTC, informed members that the next Disas-ter Preparedness Workshop will be held on September 18, 1990.The workshop will outline how to claim disaster relief fundsfrom the State and federal governments.

VII. DETROIT DIESEL CORPORATION PRESENTATION - Information

As per Sharon Neely’s request, Detroit Diesel Corporation wasinvited to discuss their two new low-emissions engine models,available in 1991. Pat Butters, Roger Day, and Art Northovergave the presentation. ( See Attachment i)

VIII. LACTC STAFF AREA TEAMAPPOINTMENTS - Information

Dale Royal presented the list of staff who were assigned, asof July i, 1990, to one of LACTC’s six new geographical AreaTeams.

Ellen Gelbard, SCRTD, suggested that even though each AreaTeam staff person is intended to be multi-modal in knowledge,it would be helpful to assign a contact person for bus tran-sit issues in each Area Team.

IX. NEW BUSINESS

On revising the STA Formula allocation procedures, theBOS STA Working Group presented an updated matrix summa-rizing the BOS recommendations. The matrix compares theBOS recommendationS with comments made by MTC in the BayArea~ The members agreed that they would liketo ap-proach the Legislature with a unified position andrecommendation.

A motion to support the MTC approach to STA allocationswas seconded and approved, (as presented in Attachment2).

Ellen Gelbard, SCRTD, passed out information on a half-cent sales tax proposal by SCRTD. Send comments to DanaWoodbury, SCRTD.

Dave Feinberg, Arcadia, stated that the city of Arcadiais seeking a revision to the Dial-A-Ride funding cappolicy at LACTC. Dale Royal, LACTC, commented thatstaff recognizes the funding cap policy as an unresolvedissue.

4. Dave Ashcraft, Culver City, asked for more details

004

regarding the hours of operation, security, and othermatters for bus operators participating in the MetroBlue Line Grand Opening Expo at the Del Amo Station.Frank Zarider, LACTC, promised that more informationwill be available before the Grand Opening Day.

ADJOURNMENT

DETROIT DIESEl.~RPORATION

R-1061 Contact:

6/22/90 cC: ,.

ATTACHMENT 1

Nancy J. Martin

313/592--5i53

DETROIT DIESEL CORPORATION UNVEILS

TRANSIT BUS ENGINE AV~77,ABILITY FOR 1991 MODEL YEAR

For Immediate Release

DETROIT, MI, June 18, 1990 -- Detroit Diesel Corporation (DDC), a major

manufacturer of internal combustion engines for the transit bus

industry, unveiled itsstrategy for providing engines for the transit

bus industry for the 1991 model year.

The announcement of.product availability is predicated on the

assumption that the stringent 1991 Environmental Protection Agency (EPA)

emission standards for heavy-duty ~rban bus engines remain in effect as

they are published today.

According to the 1991EPA standards, heavy-duty urban bus.engines

produced after January i, 1991 are required to meet a nitrous oxides

(NOx) standard of 5 g/bhp/hr and a particulate matter standard (BSP)

standard of 0.I g/bhp/hr. DDC is also prepared to meet provisions of

both the proposed Senate and House Clean Air Act Amendments which are

currently before the U.S. Congressional Conference-Committee.

--more- -

World Headquarters - ’! 3400 Outer C)r~ve, West / Detroit. Michigan 48239-4001 / Telephone: 313-592-7640

Detroit Diesel Corporation plans to offer five different transit

bus engine options for 1991:

i. Diesel fueled 6-71TA DDEC and 6V-92TA DDEC engines

2. Diesel fueled 6V-92TA DDEC engines with aftertreatment devices

3. Alcohol fueled 6V-92TA DDEC engines

4. Alcohol fueled 6V-92TA DDEC engines withcatalytic converters

5. Compressed Natural Gas fueled 6V-92TA DDEC engines with diesel fuel

as the iqnition source.

DIESEL ENGINES

DDC will offer several different diesel-fueled engines

beginning January I, 1991: the popular 6V-92 turbocharged and

aftercooled (TA) engine, which is the standard of the transit

industry today, along with the 6-71TA engine.

DDC’s plan to offer diesel fueled engines in 1991 and 1992 is

contingent upon the adoption of the proposed EPA rule allowi~g ¯

banking of emission credits from prior years. DDC diesel powered

engines could be available due to signifioantly reduced emission

levels in 1990 if the EPA rule is passed.

Sy meeting a lower emission level and setting a family

emission limit, DDc began banking ~m~ssion credits in January,

1990. As a result of banked emission credits, DDC could have

enough credits to allow the continued sale of diesel fueled engi/les

-- well into 1992.

--more --

OO7

DDC will offer the 6v-g2TA diesel engine with an

aftertreatment device, a particulate trap, which will meet the 0.1

particulate level, with availability in mid 1991.

ALTERNATE FUELED ENGINES

DDC will offer the 6V-g2TA engine capable of operating on

alcohol fuels, such as methanol or ethanol, and a compressed

natural gas engine.

Alcohol Fuels

DDC will offer the 6V-92TA engine capable of operating on

alcohol (methanol or ethanol) fuel. The engine will comply with

the 1991 emission limits and will be available either with or

without a catalytic converter..

The catalytic converter allows the option of having even lower

unburned methanol/ethanol emissions, lower carbon monoxide, and

lower aldehyde emissions. The alcohol-fueled engine without a

catalytic converter will be available Jant%ary i, 1991, while the

alcohol-fueled engine with a catalytic converter will 5e available

in early 1991.

Comp. re.ssed Natural Gas

DDC will offer a 6V-92TA engine capable of ~perating on

compressed natural gas (CNG), Available starting in June, 1991,.

the DDC CNG engine will be a ~ual-fuel engine using diesel i~el as

the ignition source for the compressed natural gas. Follow~mg in

1992, DDC is intending to offer a compressed nattlral gas engine

capable of operating I00 percent on CNG and will be ignited by a

spark plug or glow plug system. ~N~

Detroit Diesel Corporation is offering five engine options for the

1991 transit bus industry -- engines of different emission levels and

fuels which have been designed to meet the needs of specific areas of

North ~erica and specific transit operations.

The engines all carry a five-year or 100,000 mile warranty --

whichever occurs first. Each engine offering will be fully emission

certified and supported by Detroit Diesel Corporation distributors

throughout North America for parts and service.

###

OOg

ATTACHMENT 2

II

Itransit efficiency, l Imeasure. J l I

I I I I I I

J J I Itlm I~ra~ter$

010

Item 2Los Angeles CountyTransportation Commission818 West Seventh StreetSuite 1100Los Angeles, CA 90017213/623-1 t 94

JULY 25, 1990

MEMO TO :

FROM :

SUBJECT :

BUS OPERATIONS SUBCOMMITTEE - 8/2 MTG.

JUDY WEISS

TRANSIT SERVICE EXPANSION PROGRAM APPLICATION FORM

TO facilitate the decision-making process for the new Transit.Service Expansion Program, an application form was developed. Theform is patterned after the LACTC Incentive Program applicationand asks for basic operating and financial data.

If you have any questions, please call your Area Team contactperson or Dale Royal at (213) 236-9456.

JUDY WEISSDeputy Executive Director

JW:DR:drAttachment

A:TSE-BOS.DR3


LACTC TRANSIT SERVICE EXPANSION PROGRAM

BACKGROUND AND PURPOSE

On June 27, 1990, the Commission allocated $13 million for twoyears to create the Transit Service Expansion Program. Under atwo-year pilot plan, the funds are available to all cities andbus operators in the county to expand bus service during rushhours in congested traffic corridors.

TRANSIT SERVICE EXPANSION PROGRAM COMPONENTS

Local Contribution-.5% of operating costs or no morethan 25% of Proposition A Local Return annual allocation,whichever is less.

Proqram Duration - Minimum 2 year commitment. LACTC"sintent is to develop an ongoing funding source to fundfuture maintenanceof the service expansion programs..

Eliqible Costs - Operating and vehicle lease costs as-sociated with adding transit service in Los AngelesCounty. ¯

Eligible Recipients - Transit operators and municipal-ities.

Eliqible Service - Fixed route bus service which meetsall or a majority of LACTC’s five objectives. (Seefollowing section: Eligible Service Objectives)

TRANSIT SERVICE EXPANSION PROGRAMELTGIBL~. SERVICE OBJECTIVES

(1) Proposed service will relieve congestion in acongested travel corridor. Operator must providedata that conditions as they currently exist aretravel congested and by what factor(s) proposalrelieves such conditions.

(2) Proposed service is during commute hours and wi].lmeasurably reduce vehicle miles traveled and airpollution. Operator must provide information onconditions as they currently exist and by whatfactor(s) proposal relieves such conditions.

(3) Proposed service is a demonstration of public-private cooperation to reduce congestion and/orenhance suburban mobility. In an effort to maximizeservices per dollar and increase opportunities forprivate providers to perfoxm mass transportation andrelated services, operators must include examinationto determine if proposed service could include partic-

ipation of the private sector.

(4) Proposed service is a feeder to light rail orcommuter rail stations and regional bus service.Operator to show detailed information on an effectivefeeder service coordinated to provide optimumservice.

Proposed service is replacing service dropped byanother operator that is considered essential tomobility. Operator to reference if proposed serviceis replacing service dropped by another operator andrelate the relevance to current mobility needs.

019

Application should include the followinq assurances:

Recipient agrees to comply with all relevant state andfederal laws and regulations in regard to provision ofthe service; and

Recipient agrees to use the Countywide Customer Informa-tion (dial-one-number) program; and

Recipient agrees to provide documentation of a cost-effective proposal in establishing the new service; and

Recipient agrees to establish a projected fareboxrecovery ratio (farebox plus local contribution) overoperating costs of at least 38% for the proposedservice. In the second year of funding, the recipientwould provide documentation of compliance prior toreceiving funding.

APPLICATION FORM IS ATTACHED

014

TRANSIT SERVICE EXPANSION PROGRAMAPPLICATION FORM

Applicant:

Principal Contact Person:

Title:

Phone N~mber: )

Address:

5.

6.

7.

Name of Expansion Project:

Estimated Start Date:

Amount of Funds Requested:

Geographical Area of Service:

9o

Type of Service: __Commuter bus__Express bus__Circulator/Shuttle

-Feeder__Other (describe):

Days and Hours of Transportation Services:

i0. Transfer/coordination arrangements with contiguoussystems (fixed-route and demand responsive)

ii.

12.

Service Provider

o Operated directly by applicant

o Service contracted

Check Box(es)

Service Accessibility - Describe how the service wi].l beaccessible to the disabled:

13. Attach map and/or detailed route description.

EXPANSION PROGRAM PROJECT DESCRIPTION(Use space below for narrative)

GLOSSARY OF TERMS

Total Vehicle Miles:

Total Revenue Miles:

Total Vehicle Hours:

Total Revenue Hours:

OPERATING AND EXPENSE DATA

The total miles actually traveled.

The total miles traveled while available tocarry passengers.

The total hours actually operated.

The total hours operated while available to~

carry passengers.

Base Fare: The minimum cash fare paid by regular adultPassengers.

Unlinked Passenqer Trips: The number of boarding passengers "carried whether revenue producing or not. Passengers are countedeach time they board a vehicle even though it may be on the same

journey from origin to destination.

Vehicle ODeration: All activities relating to carrying passengersincluding dispatching of buses or vans, passenge r counting forscheduling purposes, supervision of drivers, scheduling of driversand vehicles, and the direct supervision of operations activities.

Vehicle Maintenance: Maintaining and repairing equipment, relatedto the transit system, including rolling stock, lifts, and. non-revenue vehicles.

Non-Vehicle Maintenance:. Maintaining all other items andfacilities.

Administration: Costs for policy determination, general manage-ment, accounting services, sales of tokens and passes, printingand distributing route/service information, management transporta-tion and travel expenses, etc.

Farebox Revenue: Revenue earned from carrying passengers inregular-route or demand-responsive transit service.

017

Project Name:

LACTC TRANeTT SERVICE EXPANSION PROGRAM APPLICATIOP"

FY 1990-91FINANCIAL AND OPERATING DATA

YEAR ~

FY 1990-91

NOTES YEARFY 1991-92

NOTES;ERVICES SUPPLIED

01. Number of vehicles in operation

02. Total vehicle miles

03. Total vehicle hours

04, Total vehicle revenue mites

05. Total vehicle revenue hours

SERVICE CONSUMED

OPERATING EXPENSES

07. VehicLe Operations

08. Vehip[e Maintenance

09. Non-vehicLe maintenance

10. General Administration

11. Total Operating Expense

REVENUES

12. Farebox Revenue

13. Prop A Local Return

14. Other (Identify)

15. Total Revenues

16. Transit Service Expansion Funds Requested

A:FORMS.TSE

JuLy 1990

Transit Service Expansion Program

018

Item 3

Los An~leles CountyTransportation Commission818 West Seventh StreetSuite 1100Los Angeles, CA 900172~3/ 623-1194

JULY 25, 1990

MEMO TO:

FROM:

SUBJECT:


JULIE AUSTIN

REVISED TDA PROGRAM INSTRUCTIONS

Thanks to the watchful eye of Montebeilo Municipal Bus Lines’Larry Torres, several mistakes were spotted in the TDA Programinstructions which were sent out to operators in July, 1990.Attached is a revised set of TDA Program instructions.

Please replace your previous instructions with this set.

.L~IE~USTIN

Project ManagerTransportation Policy

JA:DR:drAttachment

A:TDA-INST.DR3

0.1,9


REVISED 7/24/90FISCAL YEAR 1990/91

TRANSPORTATION DEVELOPMENT ACT PROGRAMINSTRUCTIONS FOR PREPARING PUBLIC TRANSPORTATION CLAIMS

General Information

These instructions pertain to claims filed for publictransportation purposes under the following categories:

Local Transportation Fund (LTF}

Article 4, PUC Section 99260e, for support of publictransportation systems; and

State Transit Assistance Fund (STAF)

Article 6.5, PUC Section 99315, for operators, citiesand counties eligible to receive Article 4, 4.5 or 8cin meeting public transportation needs.

When filling out claim forms, claimants should refer to ~lidelinescontained in the 1991 LACTC Guide to the Transportation DevelopmentAct Program, in addition to relevant sections of Caltrans’ TDAStatutes and Administrative Code for 1989.

When and Where to File

The attached claim forms may be used to file claims for LocalTransportation Funds and/or State Transit Assistance Funds asfollows:

Local Transportation Fund (LTF)

Claimants in Los Angeles County should, submit a claimwith an original signature to the Los Angeles CountyTransportation Commission, attention: Area Team Directorand one copy to SCAG no later than November i, 1990.Claims will be processed in the order in which they arereceived.

State Transit Assistance Funds (STAF)

No STAF dollars Were included in operators’ funding marksfor FY 1991. However, claimants in Los Angeles Countyshould submit a claim with an original signature to theLACTC, should funds become available at the mid-yearreallocation.

NO FUNDS WILL BE DISBURSED UNTIL THE CLAIM IS FOUND TO BECONSISTENT WITH THE ADOPTED REGIONAL TRANSPORTATION IMPROVEMENTPROGRAM (RTIP). PROP A DISCRETIONARY GRANT M.O.U.s CANNOT APPROVED UNTIL LTF, STAF, AND SEC. 9 OPER. GRANT APPLICATIONSHAVE BEEN SUBMITTED.

0~.0

FY 91 TDA Claim InstructionsPage ii.

REVISED 7/24/90

ITEMS TO BE FI¥.RD

STATEM~NTOFASSURANCES

Each claim must include a copy of the "standard Assurances forApplicants". Applicable paragraphs should be initialed andsigned by the authorizing party.

A claim form (Pages I and 2, LTF & STAF) is required for eachrequest of Local Transportation Funds and State TransitAssistance Funds. Information should be provided as follows:

Claimant: Enter the name of the jurisdiction or transitoperator filing the claim.

Contact Person: The name and phone number of the person to becontacted regarding the claim.

Payment Recipient: Enter the address and to whose attentionthe County Auditor should transmit payments.

Date: Enter the day the claim is signed.

Fiscal Year: Enter the fiscal year for which the claim isfiled.

County LTF: Enter the county LTF from which the allocation isrequested (Los Angeles).

Purpose: Enter the type of claim being filed (Article 4, 6.5)

Detail of Requested Payment: Enter the amounts requestedafter completion of the claim form (page 2) and Table I (page3).

Authorizing Siqnature: The claim must contain an originalsignature of the claimant’s chief financial officer or chiefadministrative officer. Please include name and title. Enterthe name of the jurisdiction or transit operator and thetransit mode on each table.

Page 2 of the Claim Form: Page 2 must be completed if theclaimant intends to request funds for capital purposes whetherthey are to be reserved or disbursed. Please estimate thefiscal quarter and amount of funds required for each capitalproject. LACTC staff will update the claim internally ascapital reserve drawdowns are processed.

FY 91 TDA Claim Instructions REVISED 7/24/90Page iii.

3. FINANCIAL STATEWRWT - TABT,R 1

These financial statements are applicable to LTF and STAFclaims and must be included with all requests for funds. Allline items on the statements are consistent with the StateController’s Uniform System of ACcounts for public TransitOperators, and claimants should refer to the StateController’s System for definitions.

Figures entered in the "Audited" Column (FY89) must correlateto. the FY 89 Fiscal and Compliance Audit figures. Figures forthe "Estimated or Actual" column must be an annualizedestimate of FY 90, based on claimant’s records up to the timethe statement is prepared, or upon audited figures for theclaim year.

"Contributed Services" (if any) is a memo item and is offsetby an equal expense. .

Instructions for selected line items on Table 1 are givenbelow. Please note that all claimants are required to submitT~hle 1 for each mode oftransit service and for the SystemTotal.

Lines 1-14 - SOURCES OF FUNDS FOR CAPITAL: This part of Table1 depicts sources of funds made available for capital purposesonly.

Line 6 - TDA/STA CARRYOVER PRIOR YEAR: This represents LTF orSTAF allocations received in prior years for capital outlayand not applied tothe year received. Therefore, these fundsare available for capital expenditure in the following fiscalyear. For "FY 1989", enter the cumulative total of all prioryear excess allocations. For "FY 1990 and 1991", enter thedifference of Line 14 minus Line 15 of Table lfor thepreceding year (preceding colnmn). These funds correspond operator-held reserves and should be accompanied by Table 3,"TDA Reserve Funds Held by Operator". Aseparate Table 3should be submitted for each project.

Current LACTC administrative practice requires that STAF notbe used for capital purposes. The exception is STAF for theSCRTD Metro Rail capital project.

Line 7 - TDA/STA CURRENT FROM RESERVES: This represents fundsclaimed from the current year allocation for capital projectsinvoiced during the same year. The amount in this fieldshould equal the total of only those projects listed on Page2LTF, Line 2, which are put into reserve in FY 1991, and areprojected to be drawn down in FY 1991. LACTC administrativepractice requires all TDA capital funds to be placed inreserves until the operator submits proof of "imminent need".

FY 91 TDA Claim InstructionsPage iv.

REVISED 7/24/90

Line 8 - TDA/STA FROM PRIOR YEAR RESERVES: This representsLTF allocations claimed ("drawn down") which were reserved a prior fiscal year for a specific project. For example, inFY 1990, Joe Operator requested that $20,000 be placed in hisLTF Reserves toward a bus purchase, with delivery expected inFY 1991. In this case, Joe Operator would include capitaloutlay on Line 35 of Table 1 (FY 1990~, and drawdown of thereserve funds on Line 8 of Table 1 (FY 1991).

The amount shown on Line 8 should equal the total of projectslisted on Page 2-LTF, Item #2, of the claim form which werereserved in prior years and will be drawn down in the currentfiscal year. All capital drawdowns must be supported byspecific project descriptions, in conformance with prior yearpayments to reserve. Each project should be supported byTable 2, "TDA Reserve Funds Held by County Auditor".

Line 15 - TOTAL CAPITAL EXPENSES: This line reflects thetotal capital cash outlay for a given fiscal year.Allocations to reserve for future capital projects (Lines 35and 36) are excluded from this total, as they are not cashoutlays by the claimant.

Lines 16-33 - SOURCES OF FUNDS FOR OPERATING: This part ofTable 1 depicts sources of funds made available for operatingpurposes only, some of which are explained below.

Line 20 - TDA CARRYOVER PRIOR YEAR: This represents TDAreceived in prior years for operating purposes which was notspent. For "FY 1989", enter the cumulative total of all prioryear excess allocations (should correlate to auditedstatements). For "FY 1990’, and "FY 1991", enter thedifference of Line 33 minus Line 34 of the preceding year(preceding column). ONLY CLAIMANTS WHO DID NOT RECEIVEPROPOSITION A DISCRETIONARY FUNDS (LINE 29) SHOULD HAVE TDACARRYOVER, AS LACTC POLICY ALLOWS EXPENDITURE OF DISCRETIONARYFUNDS ONLY AFTER THE EXPENDITURE OF ALL OTHER SUBSIDIES.

Line 21 - TDA CURRENT FROM UNATJOCAT~D: Amounts entered onthis line represent total LTF operating payments received orrequested .by the claimant for each year. The amount enteredfor the claim year should correspond to Page ILTF, Line 2.

Line 22 - STA CURRENT FROM UNALLOCAT~D: Amounts entered onthis line represent STAF payments received or requested forclaims filed in a particular fiscal year.

Line 24 - PASSENGER FARES: Passenger fares include fareboxrevenues and those Proposition A Local Return Special FareAssistance monies received on a per-passenger basis thatqualify as fare revenue. Prop. A Local Return funds includedin this category should be noted at the bottom of Table 1 and

FY 91 TDA Claim Instructions REVISED 7/24/90Page v.

excluded from the Amount shown on Line 30 (Prop A LocalReturn).

Dine 29 - PROPOSITION A DISCRETIONARY GRANT: Amounts enteredon this line represent Prop. A monies received by Art. 4operators from LACTC under a Memorandum of Understanding(MOU). If funds are shown in FY 1991, complete the

Proposition A Worksheet supplement enclosed in this package(Table 4).

Line 30 - PROPOSITION A LOCAL RETURN pROGRAM: Amountsentered on this line represent Prop. A monies received by anyoperator from a municipality under the Local Return Program,exclusive of those that qualify as fare revenues.

Line 31 - PROPOSITION A INCENTIVE FUND: Amounts entered onthis linerepresent Prop. A monies received by any operatorfrom a municipality under the Incentive Program.

Line 32 - OTHER LOCAL/PROPOSITION A EXCHANGES: Funds made orlost as a result of Proposition A Local Return fund exchangesshould be noted here , as well as any other local subsidies notcovered by one of the above categories.

Line 34 - TOTAL OPERATING EXPENSES: This amount reflectstotal operating expenses, excluding depreciation andamortization. Multimodal operators should use a separateTable 1 to show operating expenses for each~ mode and shouldinclude an additional Table 1 to summarize Total Systemexpenses. Indicate the mode at the top of each table.

Lines 35-36 - CAPITAL RESERVE FOR FUTURE PAYMENT: CurrentLACTC administrative practice requires that all LTF capitalfunds be placed into a reserve account with the County Auditoruntil the operator submits proof of imminent need. Thisapplies to capital funds for the claim year, as well ascapital funds for future years.

The total amount entered on Line 35 should be equivalent tothe total on Page 2LTF, Item #I, and Page ILTF, Line #2 of theclaim form. Each project for which a reserve is establishedshould be supported by a separate Table 2, "TDA Reserve FundsHeld by County Auditor".

FY 91 TDA Claim Instructions REVISED 7/24/90Page vi.

4. GOVERNING BODY A,~/*HORIZATION

Each claim must include a copy of a resolution or minute orderin which the claimant’s governing body authorizes the claimand approves the basic purpose for which it is being filed.

5. JUSTIFICATION STATEMENTS

Justification statements must accompany the claim wheneither: a) The operating budget indicates an increase of over15 percent from the preceding fiscal year; or b) A majorcapital project is to be funded without federal funds (over$I00,000).

6. PROPOSED COMMITM~ STATEMENT

When it is requested that funds be reserved for long-termcapital projects, the claimant must submit a description ofthe project. The SRTP description will suffice for thisrequirement.

7. EMPLOYEE RETIREM STATEMRk~f (Article 4 only)

A statement must accompany the claim, signed by the claimant’schief financial officer or a certified public accountant,

certifying that the current cost of the operator’s retirementsystem is fully funded.

8. PROOF OF FUNDING OBLIGATION (A~ticle 4 only)

When requesting drawdown of funds reserved for major capitalprojects, tangible evidence of legal commitment to expendthese funds (invoice, purchase order or contract, or scheduleof projects. With Board resolution) must be submitted. Thismay be done quarterly. (See Sections 1.9.4 and 2.1.6 of TDAGuidelines).

COOPERATIVE /%~ OR CONTRACT

claims filed through cooperative agreements and joint: powersagreements by a local agency or operator must be accompaniedby an executed copy of the agreement, unless a copy is alreadyon file with the LACTC. (See Section 1.4.3 of LACTC’s TDAGuide ines).

i0. TDA RES.,Y~VZ FUNDS H~r.~ BY COUNTY AUDITOR - TABLE 2

Operators.who have TDA (LTF) reserve accounts with the LosAngeles County Auditor must complete this form and submit itwith their TDA claim. A separate form must be completed foreach project for which funds are received.

FY 91 TDA Claim InstructionsPage vii.

REVISED 7/24/90

Colnmn I :

Col1~mn II:

Colnmn III:

Show the amount reserved by year for the projectindicated.

Show actual and anticipated drawdowns by year.

Show the amount anticipated to be reserved forthe project by year.

ii. TDA RESERVE FUNDS WRT~ BY OPERATOR - TABT.R 3

Operators who are holding TDA capital reserves in their ownaccount must complete this form and submit it with their claimto comply with requirements in the Conformance Auditing Guide.A separate form must be submitted for each capital project.

Colnm~ I : Show the amount drawn down from reserves orclaimed from unallocated by year.

Column II: Show the total interest accrued each year on theamount held in the claimant’s account.

Column III: Show the total amount expended each year.

12. PROPOSITION A DISCRETIONARY GRANT WORKSHEET - TABT~ 4

This table is required to be completed in order to receiveProposition A Discretionary Grant funds. However, only Lines37 to 41 need to be completed if Table 1 is completed andsubmitted simultaneously. Instructions for completing Lines37 to 41 are as follows:

Line 37 - Vehicle Service Hours (VSH): This figure should beconsistent with Section 15 and TPM data for the type oftransit mode for which financial statistics are beingreported.

Line 38 - Cost Per VSH: This figure is calculated by dividingLine 34 by Line 37.

Line 39 - % Chanqe Cost/VSH: This figure is calculated bysubtracting Line 38 for FY 1990 from Line 38 for FY 1991. Thedifference is then divided by Line 38 for FY 1990 and willequal the percentage change. If this change is greater than4.8%, then the claimant should attach an explanation of whythe cost per hour is increasing over the CPI.

Line 40 - 5% of Operating Expenses: Line 34 (Total OperatingExpenses) multiplied by five percent.

Line 41 - 25% of Local Return Funds: Calculate 25% of theCity’s Prop. A Local Return allocation for the fiscal year.

FY 91 TDA Claim InstructionsPage viii.

(Proposition A Discretionary Grant Worksheet~ con~inued)

The "Maintenance of Effort" requirement is the lessm: of Lines40 and 41.. Line 30 (Proposition A Local Return) should greater than or equal to this amount.

JA.91.TDACLM.INSRevised July 24, 1990

JULY 25, 1990

Item 4

Los Angeles CountyTransportation Commission818 West Seventh StreetSuite t100Los Angeles, CA 90017213/623-1194

MEMO TO:

FROM:


DEIDREHEITMAN

SUBJECT: STATE LEGISLATION RELATING TO GRAFFITI

Attached is a summary and discussion of five bills relating to theremoval and prevention of graffiti, as presented to the LACTCLegislative and Administrative Services Committee at their July17th meeting.

Please review.

DEIDRE HEITMANGovernment Relations Representative

DH:DR:drAttachment

A:SPRAY.DR3

Leading the Way to Greater Mobifity

E~ECUT~’E DIRECTC~

July i0, 1990

Los Angetes Cou, n~TransportationCommission

818 West S~vent,h StreetLos Angeles,California 90017Tel: 213 623-1194

MEMO TO :.

FROM:

SUBJECT:

LEGISLATIVE AND ADMINISTRATIVE SERVICESCOMMITTEE - 7/17 MEETING

NEIL PETERSON

STATE LEGISLATION RELATING TO GRAFFITI

ISSUE

Several bills are moving through the Legislature relating tothe removal and prevention of graffiti.

RECOMMENDATION

Staff recommends the Commission support AB 3580, SB 1097, SB1977, and SB 2448. Staff recommends the Commission take noaction on AB 3844 because the Governor will have acted on thebill before the next Co=mission meeting.

BACKGROUND

Graffiti has become a major issue in Los Angeles County.Many people believe graffiti incites gang activity, depressesproperty values, and gives the impression that residents donot care about their neighborhood. For public transportationsystems,, such as the Metro Rail, graffiti may deter ridershipand monopolize law enforcement efforts,

Rapid removal of graffiti is one weapon local governments andpublic agencies have to combat this cr~me. Cleaning upgraffiti, however, is expensive. The SouthernCaliforniaRapid Transit District (SCRTD) estimates it spendsapproximately $4,000 per bus per year on clean up. Totalexpenditure is approximately $12 million for removal ofgraffiti from buses, benches, billboards and park shelters.

Two of the bills to be reviewed here, AB 3580 azld SB 2448,would provide local entities with a funding mechanism forgraffiti clean-up and prevention efforts. AB 3844 and SB1977, would impose penalties on persons convicted of agraffiti offense. SB 1097 would make it a misdemeanor tosell aerosol paint after January I, 1992.

0006

T.RGISI~LTION I~Tm"~NG TO ~July i0, 1990Page 2

The provisions of the bills are detailed below.

AB 3580 (Katz)

Assmmhlyman Richard Katz (D-Panor~m~ City) introduced AB 3580at the request of Valley Organized In Community Efforts(VOICE) and the SCRTD.

Current law allows cities and counties, by ordinance, to usepublic funds to remove graffiti from public and privatelyowned permanent structures. AB 3580 would allow a city orcounty to levy a tax, upon approval of two-thirds of theelectorate, on the sale of felt tip markers and aerosol paintcans, at the rate of not more than five cents per felt tipmarker and ten cents per aerosol paint can.

Additionally, the bill establishes procedures for thecollection and distribution of the revenues generated by thetax and specifies, that cities and counties must spend thefunds for purposes of the removaland prevention of graffiti.The bill does not prohibit a city or county from allocatingfunds to a transit district for graffiti remova-i purposes.

AB 3580 is supported by the RTD, the City of Los Angeles,Councilm~mhers Braude, Yaroslovsky, Pious, Ferraro andAlatorre, Los Angeles County Sheriff Sherman Block, the Cityof Gardena, the Orange County Transit District, and theNorthridge Chamber of Commerce. In addition, severalneighborhood and community groups, such as the UnitedNeighborhoods Association, the East Valley Organization andthe Sylmar Graffiti Busters, support the bill.

AB 3580 will be heard in the Senate Revenue and TaxationCo~ittee on August 7.

SB 2448 (Watson)

Senator Diane Watson (D-Los Angeles) has introduced SB 2448relating to the creation of graffiti abatmment districts. SB2448 is co-authored by Senators Kopp and Bill Greene.

Current law authorized the creation of Community ServiceDistricts (CSDs) which can provide up to fifteen types public services including water, sewage treatment, and policeand fire protection° Statutes governing the CSDs detail howto form CSDs, add powers, govern and pay for services.

00O7

T.~ISI~TION ~TING TO GRAffITIJuly i0, 1990Page 3

Current law also allows the California Youth Authoritythe Los Angeles County Probation Office to assign their wardsto remove graffiti from public buildings.

SB 2448 would grant additional authority to CSDs to allowthem to remove graffiti, compensate property owners fordamages, and to use Youth Authority and juvenile court wardsto r~move graffiti. These CSDs would be called "graffitiabatement districts."

SB 2448 also allows a CSD to seek majority voter approval tolevy a new general tax on "any substance or instrument whichcould be used to draw, spray, paint, or mark, including, butnot limited to, shoe ~olish applicators."

Supporters of SB 2448 include the SCRTD, the City of SanDiego and the County of Los Angeles. Opposed are theCalifornia-Paint Council and the Gillette Company. The Boardof Equalization also opposes SB 2448 unless it is amended toapply only to county-wide areas and specifies a rate of tax.

SB 2448 is set to be heard in the Assembly Local GovernmentCommittee on August 8.

AB 3844 (Mu~Tay)

Assemblyman Willard Murray (D,Paramount) has introduced 3844 at the request of the City of Paramottnt..

Current law makes it a misdemeanor for any person to commitcertain acts upon or in the facilities or vehicles of apublic transportation system, punishable by a fine up to $250and community service for a total time not to exceed 48 hoursover a period of 30 days. These provisions expresslyprohibitwriting, spraying, scratching, or otherwise affixingof graffiti on or in system facilities or vehicles. Any fineimposed pursuant to these provisions is required to becredited to the public transportation system for removal ofthe graffiti.

This bill expressly provides that the infraction provisionapplies to facilities or vehicles rented or leased by apublic transportation system, and expands the scope toalsoapply to facilities and vehicles of any state or local publicagency.

0008,

T.~GISLATION P~%~ING TO GRAFFITIJuly i0, 1990Page 4

The bill also allows the court,, upon conviction of any personof a graffiti infraction, to order the defendant to performthe necessary labor to clean up, repair or replace theproperty damaged by that person. The bill states, however,that the court, may not order the person to pay for anyrelated costs incurred by the cleanup, repair or replacementabove the $250 fine.

Finally, the bill holds the parent or legal guardianresponsible for payment of the fine if the defendant is aminor and is unable to personally pay the fine.

AB 3844 represents a reasonable approach to the punishment ofgraffiti offenders and is supported by the League ofCaliforniaCities, the Santa Cruz Metropolitan TransitDistrict, California Attorneys for Criminal Justice, and the_Legislative Oversight Committee.

AB 3844 is currently on the Governor’s desk awaiting his~ignature.

SB 1097 (Tortes)

Senator Art Tortes (D-Los Angeles) has recently amended a;nunrelated bill by Senator Marks to address the problem ofgraffiti.

Current law provides that it is a misdemeanor to Sell or giveany aerosol container of paint to anyone under the age of 18.Current law also requires retailers to display a sign whichstates that any person who maliciously defaces real orpersonal property with paint is guilty of vandalism which ispunishable by a fine, imprisonment or both.

SB 1097 would provide, beginning January 1, 1992, that it isa misdemeanor to sell in this state any aerosol paint orother paint-like product for consumer app1ioation. Violationof this provision is punishable by a fine of $50 per item or$1,000 per day whichever is greater. Paint sold forcommercial uses is exempt from these provisions.

This bill also repeals the existing statutes which make it amisdemeanor to sell aerosol paint to persons under 18 yearsof. age as of January 1, 1992, and requires retailers tosecure aerosol paint containers in a locked display cabinetuntil January I, 1992.

OO09

T.~GISL~I~IONRELATING TO GRAI~ITIJuly i0, 1990Page 5

The Los Angeles City Attorney’s Office supports SB 1097, andthe staff of the Los Angeles Unified School District isrecommending Support to its board. There is no knownopposition. SB 1097 is pending in the Assembly Public SafetyCommittee.

SB 1977 (Kopp)

Senator Quentin Kopp (I-San Francisco) has authored SB 1977.The measure would allow a court to suspend, restrict or delayfor one year the driving privilege of anyone, 13 years orolder, convicted of defacing property with paint or any otherliquid. After the first offense, the court is required tosuspend the driving privilege of any person so convicted.The bill also allows the convicted person to work off thesuspension or delay by performing community service, whichmay include the cleaning up of graffiti from any publicproperty including public transit buses, at the rate of oneday of the sentence for each hour of service.

The purpose of SB 1977 is to deter persons over 13 years ofage from committing acts of graffiti, especially thosebetween 13 and 16 years of age who are looking forward toreceiving their driver’s licenses,

The SCRTD, the Los Angeles Unified School District, Los ~Angeles County Sheriff Sherman Block, the cities of LaMirada, Culver City, Claremont, South E1 Monte, Bellflower,San Jose, Oakland, and Modesto support SB 1977. Additionalsupporters include the Northridge Chamber of Commerce, theCaliforniaPeace Officers Association, the California StateJuvenile Officers Association, the Central Contra CostaTransit Authority, and the Orange County Transit District.

The ACLU and the California Attorneys for Criminal Justiceoppose SB 1977 because they believe it is inappropriate todeny or revoke a driver’s license for an offense unrelated todriving.

SB 1977 is pending in the Assembly Ways & Means Committee.

PREPARED BY: . DEIDRE HEITMAN

J~////-~/N/~G°vernment Relations Representative

Executive Director

NP:dah

D-#3/graffiti 0010

* LEGI-TECH BILL TEXT REPORT 07/09/90

AB 3580 PAGE

AM~.NDED IN SENATE JUNE 27, 1990123 AMENDED IN ASSEMBLY APRIL 25, 19904 ¯

5 Introduced by Assembly[ Member Members Katz, Eaves, Epple, Friedman, and ]6 [Murray ]7 [March i, 1990 ]8 [. ]9 [An act to add Chapter 3 (commencing with Section 7287) to Part. 1.7 of i0 [Division 2 of the Revenue and Taxation Code, relating to local taxation.]

.ll [12 [ ]13 [ LEGISLATIVE COUNSEL’S DIGEST ]14. [ ]15 [AB 3580, as amended, Katz. Local taxes: graffiti. ]16 [ ¯ The Bradley-Burns Uniform Local Sales and Use Tax Law and ~he ]17 [Transactions and Use Tax Law provide, as specified, for the imposition ]18 [of sales and use taxes by cities, counties, and local districts, which ]

19 [are administered by the State Board of Equalization. ]20 [ This bill would authorize a city or county, or city and county, to ]21 [levy a tax by ordinance, approved by a vote of the electors, at ]22 [specified rates on the sale within its jurisdiction of aerosol paint ]

.23 [containers and felt tip markers, as defined. It would require any local]24 [entity imposing such a tax to contract with the State Board of ]25 [Equalization to aaminister and enforce the tax. It would require the ]26 [tax to be collected by every retailer of a taxed item and would require ]27 [the retailer to remit the tax to the board. It would require the board ]28 [to allocate the tax revenues, as specified, and would require each local]29 [entity to expend those revenues for purposes of the removal and ]30 [prevention of graffiti. It would also provide that certain existing ]31 [provisions with respect to local taxes shall, to the extent feasible and]~2 [subject to specified exceptions, govern the administration of any tax ]

33 [so imposed. < ]34 [ Vote: majority. Appropriation: no. Fiscal committee: yes.35 [State-mandated local program: no. ]36 [ ]37 [The people of the State of California do enact as follows: ]38 [ ]39 [ SECTION i. Chapter 3 (commencing with Section 7287) is added to Part ]40 [1.7 of Division 2 of the Revenue and Taxation Code, to read: ]41 [ C 3. G PT ]42 [ 7287. (a) The legislative body of any city or county, or city and ]43 [county, may levy a tax by an ordinance approved by two-thirds of the ]44 [electors voting on the measure, in addition to any other tax authorized ]45 [by this division, on the privilege of selling within its jurisdiction ]46 [aerosol paint containers or felt tip markers, at the rate of no more47 [than ten cents ($0.i0) per aerosol paint container and no more than five]48 [cents ($0.05) per felt tip marker.49 [ (b) For purposes of this chapter, ’’aerosol paint container’’ means 50 [any aerosol container, regardless of the material from which it is made,]

DELETED MATERIAL IS IN BRACKETS [ ] . ADDED MATERIAL IS CAPITALIZED.

0011

* LEGI-TECH BILL TEXT REPORT 07/09/90 ~********************************************************************************~

AB 3580 PAGE 2

1 [which is adapted or made for the purpose of spraying paint capable of2 [defacing property.3 [ (c) For purposes of this chapter, ~felt tip marker’’[ means any4 [writing instrument which writes through a felt tip or a tip made from5 [similar material, and has a writing surface of one-quarter inch or6 [larger.] M~.ANS ANY BROAD-TIPPED INDELIBT.R MARKER OR SIMILAR IMPLEMENT7 CONTAINING AN INK THAT IS NOT WATER-SOLUBLE AND WHICH HAS A FLAT OR8 ANGLED WRITING SURFACE OF ONE-HALF INCH OR GREATER.9 7287.2. Any ordinance levying a tax pursuant to this chapter shallI0 contain a provision that:ii (a) The city or county, or city and county, shall contract prior

12 the effective date of the ordinance with the State Board of Equalization13 to perform all functions incident to the administration oroperation of14 the ordinance for as long as the city or county, or city and county, has15 an operative ordinance enacted pursuant to this chapter.16 (b) The amount subject to tax shallnot include the amount of any17 sales or use tax ~mposed by the State of Califor~ia, or the amount of any18 other sales and use tax imposed by any.local jurisdiction, upon a19 retailer or consumer.20 7287.4. Every retailer engaged in business in a city or county, or21 city and county, which has an operative ordinance enacted pursuant to22 this chapter shall, at the time of making the sales of aerosol paint23 containers or felt tip markers, collect the tax from the consnmer and24 give to the consumer a receipt therefor in the manner and fo~m prescribed25 by the State Board of Equalization.26 7287.6. All revenues collected pursuant to a tax authorized by this

27 chapter shall be remitted to the State Board of Equalization and28 allocated by the board as follows:29 (a) First, for reimbursement to the board, pursuant to the contract30 between the board and the city or county, or city and county, of the31 reasonable costs of administering and enforcing the ordinance on behalf32 of the local entity.33 (b) Second, for transmission once each calendar year to each city 34 county, or city and county, which has an operative ordinance enacted35 pursuant to this chapter, in an amount corresponding to the amount of36 revenues derived within that jurisdiction from a tax levied by that37 ordinance.-~8 Moneys transmitted to a city or county~ or city and county, pursuant39 to this section shall only be expended by that local entity for purposes40 of the removal and prevention of graffiti.41 7287.8. The State Board of Equalization shall administer and enforce42 the provisions of this chapter, and may prescribe, adopt, and enforce,43 rules and regulations for those purposes pursuant to Chapter 3.544 (commencing with Section 11340) of Part i of Division 3 of Title 2 of the45 Government Code. The board may prescribe the extent to which any46 rule or regulation shall be applied without retroactive effect.47 7287.9. Except as provided in Section 7287.10, to the extent feasible48 or practicable, Chapter 5 (commencing with Section 6451), Chapter 49 (commencing with Section 6701), Chapter 7 (commencing with Section 6901),50 and Chapter 8 (commencing with Section 7051) of Part l, shall govern

001~

" * LEGI-TECH BILL TEXT REPORT . . 07/09/90

AB 3580

123456789

I0ii121314151617

1819202122

232425262728293O3132333435

363738394O414243

determinations, collection of tax, overpayments and refunds, andadministration under this chapter.

7287.10. (a) The return and payment of the tax imposed by thischapter is due and payable to the board annually on or before February 15following the end of the calendar year during which.the tax wascollected.

(b) For purposes of computing interest due on any amount of tax notpaid when due, interest shall be computed to the 15th day of eachsucceeding month.

(c) Except in the case of fraud, intent to evade this chapter accompanying rules and regulations, or failure to make a return, everynotice of a deficiency determination shall be mailed within three yearsafter the 15th day of the second month following the one-year period forwhich the amount is proposed to be determined or within three yearsafter the return is filed, whichever period expires later. In the caseOf failure to make a return, every notice of determination shall bemailed within eight years after the 15th day of the second monthfollowing the one-year period for which the amount is proposed to bedetermined.

(d) (i) Except as provided in paragraph (2), no refund shall approved by the board after three years from the 15th dayof the secondmonth following the one-year period for which the overpayment was made,or with respect to determinations made under Article 2 (commencing withSection 6481), Article 3 (commencing with Section 6511), and Article (commencing with Section 6536) of Chapter 5 of Part I, after six monthsfrom the date the determinations become final, or after six months fromthe date of overpayment, whichever period expires later, unless a claimtherefor is filed with the board within that period. No credit shall beapproved by the board after the expiration of that period unless a claimfor credit is filed with the board within that period, or unless thecredit relates to a period for which a waiver has been granted’pursuantto Section 6488.

(2) A refund may .be approved by the board for any period for which waiver has been granted under Section 6488 if a claim for refund isfiled with the board before the expiration of the waiver period.

(e) In all other instances where the duedate specified subdivision (a) conflicts with a due date specified in Chapter (commencing with Section 6451), Chapter 6 (commencing with Section 6701),Chapter 7 (commencing with Section 6901), and Chapter 8 (commencing withSection 7051) of Part i, the due date specified in subdivision (a) shallbe substituted for any due date specified in those chapters, and periodsrunning from or to, or otherwise based on, the otherwise applicable duedate shall be adjusted accordingly.

0013

SF.NATE BH.L 2448

Introduced by Senator Watson,~ ..... ~^_. c^~. .... ~r^__~ (Coduthor~: Sanators Ko~ and

Bill Greenaz)

Febm!~ry 28, 1990

AR act. to amend Section 61600 of, and to add Sections61100.5, 61601,1, and 61615.5. to, the Gover~ment Code,relatir~g to graffiti abatement.

L~G~m ATIV~ COUN-’,’~:I.~ DIGEST

SB 2448, as amended, Watson, Graitlti abatement cli~tricts.l~,ri.~tlng law establishes comrmmlty services districts for

em~merated purposes with specified powers. Existing .lawpez,~’,its the people of any Imlncorported territory with!~ oneor more co-nties to fozm a di.~trict.

Tht~ bill would, permit any territory, whether incorporatedor unincorporated, whether contiguous or noncontiguous, orwhether withifi one or more counties, to be included in aclkstrict. The bill would Mm include graffiti abatument as aspocified purpose and enact procedures for the esta__bN~hmentof graflqti abatement di~icts with. specified powers.for thepurpose of abating graffiti. This bill would authorize, thesedistricts to impose a tax on the sale of msr~ng substances orin~tr~rnents within its boundsries to .fund its operationsobligations.

Vote: m~ority. Appropriatiom no. Fiscal committee: no.State-msnfisted local program.- no~

0,q70014

SK ~A48

1 (k) The eonstructioz~ ~nd improvem~ne o£-. bridges,~ culverts, eurbs~ gutter~ drains, and worl~-ineidentaLto

3 th~ pm~pesea spe~ed- in,subdivision (j).~ ~d~jec~ to the4 consent of the governing body o£.5 whioh the. ~mprovement:i~" to be. m~de.6 ([) The conversion of exis~n~ overheadelect~e and

8 which ~it:ies. are owned, and operated, b~ either a9 "public agency" or a "public utility," as defined in

10 Section 5896.2 of the Streets and Highways Code, and to11 take proceedings for and to finance the cost of the12 conversion in accordance with Chapter 28 (commencing13 with Section5896.i) ofPart3o£Division.7 o£ the Streets14 and Highways Code, subject to. the consent of the public15 agency or public utility respon.~ible for the owning,16 operation, and maintenance o£ the facilities. Nothing. in17 this section gives a district formed nnder this law the18 power to install: own, or operate the facilities that are19 described in this subdivisioIL20 (m) To. contract for amhnlance selari~-~ to ~rve21 residents of the dint~iet as-convenience, requires, if a22~ majority o£ the votex~ in the di.~trict, vo~r~g-..i~, an election23 thereon, approve.~4 (n) To provide and mainline, public, alrpca~ and2~ lauding pl_8_~-~ fur aerial26 (o) To provide tran.~portation, services,27 (p) To abate gratBti.28 SEC: 3. Section 61601.1-" is added to. the Government29 _Code, to reach30 60601.1. A district which is authorized to abate graflelti31 may:32 (a) Remove or contract for the removal of graffiti

from any public or private properW within its

35 (b) IIldemnif3r or compensate any property owner for36 any injury or.d~m~ge caused by the removal of gra~ti37 from property.38 (c) Unde~,.ake a civil action to abate gra~ti as 39 nuisance puts-ant to Section 731 o£ the C~le of Civil40 Procedure.

001d

2448

]. " (d) Use the services of a.projecte~tablished pursuant2~ t~ Section- 1760.3 of. the Welfare and Tn.~titutions Code.3 (e)~ Use the phrase "Gra¢~ti Abatement District" in the4. n~me of" the d!strict~5 SEC. 4. Section 61615.5 is added to the Cover~ment8 Code, to read:7 61815.5,. (a) d~._~r~ct which ~s authorized to abate8 graffiti may levy and cause to be collected a tax on the9 sale of ruarking substances or !ustruments within its

10 boune]sries for the purpose of paying fo_r_ the operations11 and obl/gations of the e~i.~rict.12 (b) A tax levied pursuant to this section shall 13 deemed to be-a general tax of the district and shall be14 imposed purslaut to Section 53723.15 (c) A district may contract with any public agency,16 ii~cludlug, but not limited to, the State Board of17 EqnM~zation, for the ~e]m!n/stration and collection of a18: tax levied purs~mut to ~bi~ section.19 (d) As used in ~ section.::20. (1) "Graffiti:" mesn~, any ~u~ription, word, figure, 21. des~sm, which- is. marked, etched, scratched, drawn,2~ sprayed~ or psi-ted oft a structure or vehicle without the23 written pe~,d.~sion of. the owner.2~ (2) "Marking. substances or iustr~rnents’" mea~-~ any2~ substance or inst~ment which could be used to draw,26 spray, ps~ut, or m~rk,/nc/ud/ng, but not I~m~ted to, shoe27 po//~h appBcator~.P-~ (3)~ "Structttre" me~n.~ ~ny builellt~g, improvement,29 wall, fence, utility pole, or ~-y other solid material which30 has been constructed or erected.

O

0017

AMENDED IN ASSEMBLY MAY 22, 1990

AMENDED IN ASSEMBLY APILIL 30, 1990

C~I~IA I.~GISLATUP~!~-,qO REGULAR ~S~ION

ASSEMBLY BILL No. 3844

Introduced by Assetnbly Member Murray

Mm’ch 1, 1990

An act to amend Section 640 of, and to add Section 640.5 to,the Penal (:ode, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 38~., as amended, Murray. Crimes: graffiti.Existing law provides penalties for certain unlawfa~ll acts, as

defined, on or in the facilities or vehicles of specified entitics.This bill would provide that the affixing of graf~qti on or in

the facilities or vehicles of any governmental entity, or on orin the leased or rented facilities or vehicles for which anygovermnental entity is responsible, is unlawful.

Because this bill would create a new crime, and wouldincrease the duties of county treasurers in crediting fines tothe appropriate governmental entity, it constitutes astate-mandated local program.

"Iqae California Constitution requires the state to reimburselocai agencies and school districts for certain costs mandatedby the state. Statutory provisions establish procedures formaking tha,t, reimb.ursement; ~ ¢:he crca’dc, n o~ ~a~e

This bill would provide that no reimbursement is requiredby this act For a specified eea, e~ reaaona.

0018

~:m.d.,.Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

1 SECTION 1. Section 640 oi" the Penal Code is2 amended to read:3 640. Any of the following acts committed on or in the4 facilities or vehicles of a public transportation system as5 defined by Section 99~.1t of the Public Utilities Code, on

6 or in the £acilities oi~, or vehicles operated by entities7 subsidized by, the Department oi~ Transportation, or on8 or in any leased or rented facilities or vehicles for which9 any of the above entities incur costs of cleanup, repair, or

10 replacement as a re.suit of any of those acts,is anll in£raotion punishable by a fine not to exceed two12 htmdred fii~ dollars ($250) and by comm_ unity servicc13 for a total time not to exceed 48 hours over a period not14 to exceed 30 days, during a time other than dining b~ or15 her hours of school attendance or employment:16 (a) Evasion of the payment of the fares of the system,17 (b) Misuse o{ t’rans~ers, passes, tickets, or tokens with18 the intent to evade the payment of fares.19 (c) Playing sound equipment on or in system facilities~0 or vehicles,21 (.,d.) Smoking, eating, or drinking in or on system~ facilities or vehicles ~n those areas where those activities~.3 are prohibited by that system.24 (e) Expectorating upon system facilities or veh~cl.e,s.25 (f) W~llfully disturbing others on or in system facilities26 or vehicles by engaging in boisterous or unruly behavior.27 SEC. 2. Section 640,5 is added to the Penal Code, to28 read:29 640.5. (a) Any person who writes, sprays, scratches,30 or otherwise affixes graff/ti on or in the facilities or

~7 7O

0019

1 vehicles of a governmental entity, as defin0d by Section2 81i.9. of the Government Code, or on or in the fae/litie~s3 or vehicles of a public transportation system as defined by4 Section 99211 of the Public Utilities Code, or on or in the5 faeilitSes of or vehicles operated by entSties subsidized by,6 the Department of Transportation, or on or in any leased7 or rented facilities or vehicles for which any of the above8- entities incur costs of cleanup, ropair, or replacement is9 guilty of an hffraction punishable by ~ finenot to exceed

10 two hundred fifty dollars ($250) and by community11 service for a total time not to exceed 48 hours over a12 period not to exceed 30 days, during a time other than13 during his or her hours of school attendance or14 employment. This subdivision does not preclude15 application of Section 594.16 (b) (1)Upon conviction of any person under17 subdivision (a), the court may, in addition to any18 p.r~ishment imposed pursuant to subdivision (a), order19 the defendant to perforni the necessary labor to clean up,20 repedr, or replace the property damaged by that persOn,21 but shnll not order the person to pay for any related costs22 incurred by the cleanup, repair, or replacement of the~3 property.¯ 24 (2) If a m/nor is perso~|ly unable to pay any fine~5 levied for violating subdivision (a), the parent or legal26 guard!.~n of the m~nor shall be liable forpaymcnt of the27 Free. A court may waive payment of the Free by the28 parent or legal guardian upon a finding of good cause.29 (c) Any fine levied for a violation of subdivision (a)

. 30 shall be ered/ted by the county treasurer pursuant to31 Section 1463.29 to ~e governmental entity having32 ]ur/sdiet/on over, or responsSb/l/ty for, the facility or33 vehicle involved, to be used for removal of the graffiti.34 Bel~ore crediting these ~es to ~he appropriate35 governmentnl entity, ~he county may deternTine the36 a~at~ve costs it has incurred pursuant to this37 section, and retain an amount equM to those costs.38 Any cornmunit’y service which is required purs,.,~r~t to39 subdivision (a) of a person under the age of 18 years may40 be performed in the presence, and trader the direct

97 110

I supervision, of the person’s parent or legal guard]mr.2 (d) As u~ed in ~hi,~ section, gr O:iti meam any form oi"3 unauthorized pninting, writing, or inscription regardless4 of the content or nature ot~ the material used in the5 commission nit the act.6 SEC. 3. No reimbursement is required by this act7 ptzrsuant to Section 6 of Article XII! B of the California8 Constitution for those costs which may be incurred by a9 local agency or school district because this act creates a

10 now crime or infraction, changes the penalty for a crime11 or hxf’raction,, cha~xges the definition of a crime or19. infraction, or eliminates a crime or infraction.

................. ~, ........ 1 .... o& the

1~ ~,eemi,x~ th=t t-hi, a~ ~ othc: ~.~t: m--=;-’.=tc-2 ~y

19 ~ .... ~ r,^.~^. ~ ,~-^ ’

23 No reimburseraemt is req,lred by tl~’s act pursuit to24 Section ~ o£ Azticle XIlI B o£ ~e GMifvrnia Conso’tut~onP_B l~eau~ the local agency or school district has tI~e

26 authorityto levy sem’ee e]~arges, fv~e~, or assessn~entsZI su[Iieieot to pay ~r ~o proooTam or love] o£ service

28 mandated by this acL29 Notwifl’mtmacling Section ~7580 of the Government30 Code, unless otherwise specified in this ant, the provisions31 of this act shall become operative on the same date that

the act takes effect pursuant to the CaliforniaConstitution.

~7 140

002i

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SB 1977

1 AMENDED IN SENATE23 AMENDED IN SENATE456789.i0ll121314

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APRIL

MARCH

PAGE 1

5, 1990

21, 1990

Introduced by Senators Kopp, Doolittle,Assembly M~ers Clute, Eaves, and Hill)Febz~/ary 13, 1990

and Robbins (Coauthors-.

An act to add Section 13202.6 to the Vehicle Code, relating to drivers’licenses.


SB 1977, as amended, Kopp. Drivers" licenses: suspension: vandalism.(1) Existing law requires a court to suspend, restrict, or delay for

one year the driving privilege of persons under age 21 but 13 years ofage or older convictedof offenses relating to alcohol or controlledsubstances.

This bill would, ON A IST OFFENSE, AUTHORIZE, AND ON SUCCESSIVEOFFENSES require, a court to suspend, restrict, or delay for one year thedriving privilege of persons 13 years of age or older who commitvandalism by defacing property with paint or any other liquid. The billwould permit the period of suspension or delay to be reduced by theperformance of specified community service. By imposing this requirementon the court, and requiring the court to report those cases to theDepartment of Motor Vehicles, the bill would impose a state-mandatedlocal program.

(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandatedby the state.Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursementis required by this actfor a specified reason~

Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION i. Section 13202.6 is added to the Vehicle Code, to read:13202.6. (a) (1) For each conviction of a person for any offense

specified in subdivision (d), committed while the person was 13 years age or older, the court[ shall] MAY suspend the person’s drivingprivilege for one year. If the person convicted does not yet have theprivilege to drive, the court[ shall] MAY order the department to delayissuing the privilege to drive for one year subsequent to the time theperson becomes legally eligible to drive. However, if there is nofurther conviction for any offense specified in subdivision (d) in 12-month period after the conviction, the court, upon petition of theperson affected, may modify the order imposing the delay of theprivilege. For each successive offense, the court shall suspend the

DELETED MATERIAL IS IN BRACKETS [ ]. ADDED MATERIAL IS CAPITALIZED.

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SB 1977 PAGE 2

1 person’s driving privilege for those possessing a license or delay the2 eligibility for those not in possession of a license at the time of their3 conviction for one additional year.4 (2) Any person whose driving privilege is suspended or delayed for 5 act involving vandalism in violation of Section 594 of the Penal Code,6 may elect to reduce the period of suspension or delay imposed by7 the court by performing community service under the supervision of the8 probationdepartment. The period of s~spension or delay ordered under9 paragraph (I) shall be reduced at the rate of one day for each hour I0 community servce performed. For purposes of this paragraph, ~’community

11 service’’ means cleaning up graffiti from any public property, including12 public transit vehicles.13 (3) As used in this section, the term ~conviction’’ includes the14 findings in juvenile proceedings specified in Section 13105.15 (b) (i) Whenever the court suspends driving privileges pursuant 16 subdivision (a), the court in which theconvictionis had shall require17 all drivers’ licenses held by the person to be surrendered to the court.18 The court shall, within 10 days following the conviction, transmit a19 certified abstract of the conviction, together with any drivers’ licenses20 surrendered, to the department.21 (2) Violations of restrictions imposed pursuant to this section are22 subject to Section 14603.23 [24 [ (C) After a court has issued an order suspending or delaying driving25 [] [ privileges pursuant to ~ubdivision (a), the court, upon26 [petition of the person affected, may issue a waiver of the requirements27 [of this section to a person denied a license pursuant to it if the28 [department determines that a personal or family hardship exists that29 [requires the person to obtain a driver’s license for his or her own, or30 [a member of his or her family’s, employment or medically related31 [purposes. The request for the waiver shall be submitted on a standard32 [form developed, approved, and made available by the department. The33 [department shall obtain recommendations from the Judicial Council of34 [California regarding the development and implementation of a standard35 [form. ]36 (C) WHEN THE COURT IS CONSIDERING SUSPENDING OR DELAYING DRIVING37 PRIVILEGES PURSUANT TO SUBDIVISION (A), THE COURT SH~T~. CONSIDER IF A38 PERSONAL OR FAMILY HARDSHIP EXISTS THAT REQUIRES THE PERSON TO HAVE A39 DRIVER’S LICENSE FOR HIS OR H~R OWN, OR A M~MBER OF HIS OR B~TR ~AMILY’S,40 EMPLOYMENT OR MEDIC~T.T.Y RELATED PURPOSES.41 (d) This section applies to violations involving vandalism 42 violation of Section 594 of the Penal ~ode .by defacing property with43 paint or any other liquid.44 (e) The suspension, restriction, or delay of driving privileges45 pursuant to this section shall be in addition to any penalty imposed upon46 conviction of any violation specified in subdivision (d).47 SEC. 2. No reimbursement is required by this act pursuant to Section 648 of Article XIIIB of the Constitution because counties will receive49 funding under the Brown-Presley Trial Court Funding Act (Chapter i350 (commencing with Section 77000) of Title 8 of the Government Code)

0023

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SB 1977 PAGE 3

1 lieu of that reimbursement. Notwithstanding Section 17580 of the2 Government Code, %u~less otherwise specified in this act, the provisions3 of this act shall become operative on the same date that the act takes4 effect pursuant to the California Constitution.

0024

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AMENDED IN ASSEMBLY JUNE 26, 1990

AMENDED IN ASSEMBLY JULY 19, 1989

AMENDED IN ASSEMBLY JULY 5, 1989

AMENDED IN SENATE MAY 15, 1989

A~ENDED IN SENATE APRIL Ii, 1989

Introduced by Senator[ Marks Tortes[March 8, 1989

[[[ An act to add Section 833.1 to the Penal Code, relating to] AN ACT TOAM~.ND AND REPEAL SECTION 594.1 OF, AND TO ADD SECTION 594.2 TO, THE PENALCODE, RELATING TO crimes.


PAGE 1

SB 1097, as amended,[ Marks] TORRES. Crimes[: arrests]. [ ][ Existing law sets forth various provisions governing the arrest of ][persons.

][ This bill, in.addition, would provide that whenever a peace officer ][makes any al-rest, the arresting or booking officer shall check to ][determine whether the arrested person is wearing a medical alert ][identification necklace or bracelet. If the person is wearing a ][necklace or bracelet with an individual identification nnmher and a ][24-hour toll free telephone m,mher, the officer would be required to ][immediately contact the medical alert agency for medical emergency ][instructions. The’bill would, therefore, mandate a new level of service][upon local entities and, thus, 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,][including the creation of a State Mandates Claims Fund to pay the costs]~of mandates which do not exceed $I,000,000 statewide and other ][procedures for claims whose statewide costs exceed $I,000,000.] [ ][ ][ This bill would provide that, if the Commission on State Mandates ][determines that this bill contains costs mandated by the state, ][relmhursement for those costs shall be made pursuant to those statutory ][procedures and, if the statewide cost does not exceed $I,000,000, shall ][be made from the State Mandates Claims Fund.]

EXISTING LAW PROVIDES THAT IT IS A MISDEMEANOR FOR: (i) ANY PERSON,FIRM, OR CORPORATION, EXCEPT A PARENT OR LEGAL GUARDIAN, TO SELL OROR IN ANY WAY FURNISH TO ANOTHER PERSON, WHO IS IN FACT UNDER THE AGE OF18 YEARS, ANY AEROSOL CONTAINER OF PAINT CAPABT.~ OF DEFACING PROPERTY,WITHOUT FIRST OBTAINING BONA FIDE EVIDENCE OF MAJORITY AND IDENTITY, ASSPECIFIED, AND (2) ANY PERSON UNDER THE AGE OF 18 YEARS TO PURCHASE AEROSOL CONTAINER OF PAINT CAPABLE OF DEFACING PROPERTY.

DELETED MATERIAL IS IN BRACKETS [ ]. ADDED MATERIAL IS CAPITALIZED.

0025

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SB 1097 PAGE 2

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THIS BILL WOULD, COMM~CING ON JANUARY i, 1992," (i) PROVIDE INSTEADTHAT IT IS A MISDEMEANOR FOR A PERSON OR BUSINESS TO SET.T. IN THIS STATEANY CONTAIB~WHICH UTILIZES A~ROSOL PROP~7~ANT FORPAINT OR OTHERPAINT-LIKE PRODUCTS FOR CONSUMER APPLTCATION, (2) PROVIDE FOR A CIVILPEN~tLTY OF $50 PER ITEM SOT.n ORS1,000 PER DAY, WHICHEVER IS GREATER, (3)DELETE THE PROVISION MAKING IT A MISDEM~.ANOR FOR ANY PERSON UNDER THE AGEOF 18 YEARS TO PURCHASE AN AEROSOL CONTAINER OF PAINT CAPAB~.R OF DEFACINGPROPERTY, (4) E~ FROM ITS PROVISIONS PAINTAND PAINT PRODUCTS SOLDFOR COMMERCIAL USES.

THIS BILL WOULD CHANGE THE DEFINITION OF A CRIME AND ELIMINATE ANEXISTING CRIME, THUS IMPOSING A STATE-MANDATED LOCAL PROGRAM.

EXISTING LAW REQUIRES EVERY RETAIT.~R SETJLYNG OR OFFERING FOR SALE~ROSOL CONTAINERS OFPAINT CAPAB~ OF DEFACING PROPERTY TO POST IN ACONSPICUOUS PLACE A SIGN, AS SPECIFIED, WHICH STATES THAT ANY PERSON WHOM~LTCIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH PAINT IS GUILTY OFVANDA~TSM WHICH IS PUNISHAB~ BY A FINE, IMPRISONMENT, OR BOTH.

. THIS BITJ, WOULD ATsO REQUIRE A RETAILER TO CONTROL THE PRODUCT AND.DISPLAY OF THE CONTAINERS OF PAINT BY SECURING THE PRODUCTS IN A LOCKEDDISPLAY CABINET OR OTHER DEVICE TOPREVENT DIRECT CUSTOMER ACCESS TO THEAEROSOL PAINT CONTAINERS. THIS PROVISION WOULD BE OPERATIVE ONLY UNTILJANUARY I, 1992, AND AS OF THAT DATE WOULD BE REPE~D.

THE CALIFORNIA CONSTITUTION REQUIRES ~ STATE TO REIMBURSE LOCALAGENCIES AND SCHOOL DISTRICTS FOR CERTAIN COSTS MANDATED BY THE’STATE.STATUTORY PROVISIONS ESTABLISH PROCEDURES FOR MAKING THAT REIMBURSEMENT.

THIS BIT.~. WOULD PROVIDE THAT NO REIMBURSEMENT IS~REQUIRED BY THIS ACTFOR A SPECIFIED REASON..

Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.

The people of the State of California do enact as follows:

[[ SECTION I. Section 833.1 is added to the Penal Code,]

SECTION 1. SECTION 594.1 OF THEPENAL CODE IS AMENDED TO READ:594.1. (a) It shall be unlawful for any person, firm, or corporation,

except a parent or legal guardian, to sell or give or in any way furnishto another person, who is in fact under the age of 18 years, any aerosolcontainer of paint that is capable of defacing property without firstobtaining bona fide evidence of majority and identity.

For purposes of this subdivision, ~bona fide.evidence of majority andidentity’, is any document evidencing.the age and identity of anindividual which has been issued by a federal, state, or localgovernmental entity, and includes, but is not limited to, a motor vehicleoperator’s license, a registration certificate issued under the federalSelective Service Act, or an identification card issued to a mender ofthe armed forces.

This subdivision shall not apply to the furnishing of six ounces or

* LEGI-TECH BIT.~ TEXT REPORT. 07/05/90 *

SB 1097 PAGE 3

1 less of an aerosol container of paint to a minor for the minor’s use or2 possession under the supervision of the minor’s parent, guardian,3 instructor, or employer.4 (b) It shall be unlawful for any person under the age of 18 years 5 purchase an aerosol container of paint that is capable of defacing6 property.7 (c) Every retailer selling or offering for sale in this state aerosol8 containers of paint capable of defacing property shall post in a9 conspicuous place a sign in letters at least three-eighths of an inchi0 high stating: ~Any person who maliciously defaces real or personalII property with paint is guilty of vandalism which is punishable by a fine,12 imprisonment, or both.’’13 (d) EVERY RETAILER SELLING OR OFFERING FOR SALE IN THIS STATE"14 AEROSOL CONTAINERS OF PAINT CAPABT.~ OF.DEFACING PROPERTY SHALL CONTROL15 THE PRODUCT AND DISPLAY OF THE CONTAINERS BY SECURING THE PRODUCTS IN A16 LOCKED DISPLAY CABINET OR O~ DEVICE TO PREVENT DIRECT CUSTOMER ACCESS17 TO THE AEROSOL PAINT CONTAINERS.18 (E) It is unlawful for any person to carry on his or her person and19 in plain view to the public an aerosol container of paint while in any20 posted public facility, park, playground, swimming pool, beach or21 recreational area, other than a highway, street, alley or way, unless he22 or she has first received valid authorization from the governmental23 entity which has jurisdiction over the public area.24 AS used in this subdivision ~’posted’’ means a sign placed in a25 reasonable location or locations stating it is a misdemeanor to possess a26 spray can of paint in[ such] THE public facility, park, playground,27 sw~ming pool, beach or recreational area.without valid authorization.28 [29 [ (e)]30 (F) It is unlawful for any person under ~/le age of 18 years 31 possess an aerosol container of paint for the purpose of defacihg32 property while on any public highway, street, alley, or way, or other33 public place, regardless of whether that person is or is not in any34 automobile, vehicle, or other conveyance. [35 [ (f)]36 (G) Violation of any provision of this section is a misdemeanor.37 (H) THIS SECTION SHAT.T. REMAIN OPERATIVE ONLY UNTIL JANUARY l, 1992,38 AND AS OF THAT DATE IS REPEALED.39 .40 SEC. 2. SECTION 594.2 IS ADDED TO THE PENAL CODE, TO READ:41 594.2. (A) ON AND AFTER JANUARY i, 1992, NO PERSON OR BUSINESS SHALL42 SET,L IN THIS STATE ANY CAN, CANISTER, OR O~ CONTAINER WHICH UTILIZES43 AEROSOL PROPE~?m/~ T FOR PAINT OR O~ PAINT-LIKE PRODUCTS FOR CONSUMER44 APPLICATION.45 (B) PAINT AND PAINT PRODUCTS SOLD FOR COMMR.RCIALUSES ARE EXEMPT FROM46 THE REQUIREMENTS OF THIS SECTION.47 (C) ANY PERSON, OR BUSINESS, WHICH SELLS AEROSOL PAINT CONTAINERS

48 PROHIBITED BY THIS SECTION IS GUILTY OF A MISDEMEANOR AND SHAT.T.49 ADDITIONALLy BE LIABLE FOR A CIVIL PENALTY OF FIFTY DOT.T~LRS ($50) PER50 ITEM SOLD OR ONE THOUSAND DOLLARS ($I,000) PER DAY, WHICR~VER IS GREATER.

050 002?

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SB 1097 PAGE 4

12 (D) EVERY RETAIT.~R SELLING OR OFFERING FOR S~TR IN THIS STATE AEROSOL3 CONTAINERS OF PAINT CAPABLE OF DEFACING PROPERTY SH~Tx. POST IN A4 CONSPICUOUS PLACE A SIGN IN LETTERS AT ;~AST THREE-EIGHTS OF AN INCH HIGH5 STATING: ’’ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY6 WITH PAINT IS GUILTY OF VANDALISM WHICH IS PUNISHABLE BY A FINE,7 IMPRISONMENT, OR BOTH.’’8 (E) IT IS UNLAWFUL FOR ANY PERSON TO CARRY ON HIS OR HER PERSON AND9 IN PLAIN VIEW TO THE PUBLIC, AN AEROSOL CONTAINER OF PAINT WHILE IN ANY10 POSTED PUBLIC FACILITY, PARK, PLAYGROUND, SWIMMING POOL, BEACH ORii RECREATIONAL AREA, OTHER THAN A HIGHWAY, STREET, ~Y OR WAY, UNT~SS HE12 OR SHE HAS FIRST RECEIVED VALID AUTHORIZTION FROM THE GOVERNMENTAL ENTITY13 WHICH HAS JURISDICTION OVER THE PUBLIC AREA.14 AS USED IN THIS SUBDIVISION ’’POSTED’’ MEANS A SIGN PLACED IN A15 REASONABLE LOCATION OR LOCATIONS STATING IT IS A MISDEMEANOR TO POSSESS A16 SPRAY CAN OF PAINT IN THE PUBLIC FACILITY, PARK, PLAYGROUND, SWIMMING17 POOL, BEACH OR RECREATIONAL AREA WITHOUT VALID AUTHORIZATION.

18 (F) IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 18 YEARS 19 POSSESS AN A~ROSOL CONTAINER OF PAINT FOR THE PDI~POSE OF DEFACING20 PROPERTY WHILE ON ANY PUBLIC HIGHWAY, STREET, ALLEY, OR WAY, OR OTHER21 PUBLIC PLACE, REGARDLESS OF WHETHER THAT PERSON IS OR IS NOT IN ~d~Y22 AUTOMOBILE, VEHICT~, OR OTHER CONVEYANCE.23 (G) IN ADDITION TO THE PENALTIES PROVIDED IN SUBDIVISION (C), 24 OTHER VIOLATION OF ANY PROVISION OF THIS SECTION IS A MISDEM~.ANOR.25 (H) THIS SECTION SH~LT. BECOME OPERATIVE ON JANUARY I, 1992.26 SEC. 3. NO REIMBURSEMENT IS REQUIRED BY THIS ACT PURSUANT TO SECTION 627 OF ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION BECAUSE THE ONLY COSTS

28 WHICH MAY BE INCURRED BY A LOCAL AGENCY OR SCHOOL DISTRICT WILL BE29 INCURRED BECAUSE THIS ACT CREATES ANEW CRIME OR INFRACTION, CHANGES THE30 DEFINITION OF A CRIME OR INFRACTION, CHANGES THE PENALTY FOR A CRIME OR31 INFRACTION, OR ELIMINATES A CRIME OR INFRACTION. NOTWITHSTANDING SECTION

32 17580 OF THE GOVERNMENT CODE, UNLESS OTHERWISE SPECIFIED IN THIS ACT, THE33 PROVISIONS OF THIS ACT SHAT.n BECOME OPERATIVE ON THE SAME DATE THAT THE34 ACT TI~/~ES EFFECT PURSUANT TO ~ CALIFOP~NIA CONSTI~TION. [ to ]35 [read: ]36 [ 833.1. Whenever a peace officer makes any arrest, the arresting or ]37 [booking officer shall check to determine whether the arrested person is ]38 [wearing a medical alert identification necklace or bracelet. If the ]39 [arrested person is wearing a necklace or bracelet with an individual ]40 [identification number and a 24-hour toll free telephone number, the ]41 [officer shall ~mmediately contact the medical alert agency for medical ]42 [emergency instructions. ]43 [ SEC. 2. Notwithstanding Section 17610 of the Government Code, if the ]44 [Commission on State Mandates determines that this act contains costs ]45 [mandated by the state, reimbursement to local agencies and school ]46 [districts for those costs shall be made pursuant to Part 7 (commencing ]47 [with Section 17500) of Division 4 of Title 2 of the Govez-nment Code. If]48 [the statewide cost of the claim for reimbursement does not exceed one ]49 [million dollars ($I,000,000), reimbursement shall be made from the State]50 [Mandates Claims Fund. Notwithstanding Section 17580 of the Government ]

0028

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SB 1097 PAGE

1 [Code, unless otherwise specified in this act, the provisions of this2 [act] [ shall become operative on the same date that the act t~Lkes3 [effect pursuant to the California Constitution.]4

5

0029

JULY 25, 1990

Item 5

Los Angeles CountyTransportation Commission818 West Seventh StreetSuite 1100Los Angeles, CA 90017213/623-1194

MEMO TO: BUS OPERATIONS SUBCOMMITTEE - 8/2 MTG.

FROM: SHARON NEELY

SUBJECT: EXTENDED DEADLINE FOR REQUIRED DRIVER TRAINING

The California Department of Motor Vehicles has agreed to a 60-dayextension of the driver training deadline for drivers whoselicences expire in July, 1990. Details are attached in a memofrom the California Transit Association.

Please review.

SHARON NEELYManagerTransportation Policy

SN:DR:drAttachment

A:DMV-BOS.DR3


1400 K Stree~ Suite 301

ASSO~iTIONSacramento, California 95814¯ FAX(916) 446-4318

June 27, 1990

To: Members of the California Transit Association

Fro: Edwar~erber, Executive Director

Re: Implementation of CTA-sponsored Driver Training Le~slation

Under legislation sponsored by the California Transit Association last year (AB 1787,Katz), each transit bus driver must receive a minimum of eight hours of refreshertraining annually in order to maintain the validity of the new transit bus drivercertificate.

This requirement takes effect on July 1, 1990 and impacts all existing drivers seeking torenew their commercial drivers license as of that date. What this means is that anydriver whose commercial drivers license expires after July 1, 1990, must provide to theDMV the requisite documentation signed by his or her employer verifying that the driverhas recieved the required 8-hours of refxesher training during the preceding 12-months.

Recognizing that some drivers whose licenses expire during the month of July 1990 maynot meet the 8-hour refresher training requirement, we raised this concern with theDMV and requested some flexibility on their part in the implementation of thisprovision. As a result of the Association’s request, DMV.has agreed to a 60-daytransition period, until September 1, 1990, for transit bus drivers, employed on or beforeJuly 1, 1990, whose licenses expire during the month of July, to meet this trainingrequirement.

Therefore, each agency should immediately review your drivers’ records in order todetermine how many of your drivers have licenses coming up for renewal in July andwhether or not they have received the necessary 8-hours training during the preceding12-months. If they have not, you must provide such training for those drivers prior toSeptember 1. Likewise, if you have not already conducted a review of your drivers’records for purposes of ensuring that your drivers are in compliance with this newrequirement, it is strongly recommended that you do so in order to provide adequatelead-time to schedule any training that may be necessary for drivers as their licensescome up for renewal in the months ahead.

Should you have any questions in this regard, please contact me.

fl r-..,,.

bos agenda/minutes - august 2, 1990 - metroboardarchives.metro.net/other/bos/bos_2_028.pdfdiesel...

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