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03
City of Pleasanton
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03
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5/28/2008 2:57:47 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/3/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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BACKGROUND <br />Pending in the State Legislature are a number of bills that could affect cities. The <br />League of California Cities has asked cities to send letters of support or opposition, as <br />indicated, to the bills discussed below. <br />DISCUSSION <br />Plastic Bottle Recycling Bill (SB 1625) <br />Senator Corbett has introduced legislation that would apply the California redemption <br />value to all plastic bottles. The revenue would be used to reduce the amount of plastic <br />entering the marine environment and could provide counties with a funding source to <br />implement the waste reduction requirements adopted by regional water boards. A fact <br />sheet concerning this legislation is attached. Given this community's and this Council's <br />commitment to waste reduction, staff is recommending that Council support this bill and <br />authorize the Mayor to communicate that support to the State Legislature/the Governor. <br />Binding Arbitration for Contract Disputes Bill (SB 16422 <br />Senator Yee has introduced legislation that would re uire binding arbitration for <br />disputes over $50,000 between a contractor and a public entity. Moreover, the failure of <br />a public entity to respond to claims would result in the claims being deemed approved <br />and processed for payment within five days. There are times when it makes sense to <br />have contract disputes arbitrated but there are other times when the city may want to <br />file a civil action rather than proceed in arbitration. If this bill were to become law, the <br />option to litigate the dispute in superior court is largely foreclosed. For those reasons, <br />staff is recommending the Council authorize the Mayor to send communications to the <br />Legislature/the Governor in opposition to this bill. <br />Public Contracting Requirements (AB 983 <br />Assembly member Ma has introduced a bill that represents a major shift in public <br />contracting by absolving a contactor from any responsibility for reviewing the plans <br />before submitting a bid on a public work project. Cities in general and Pleasanton in <br />particular strive to provide to prospective bidders on public work projects complete and <br />accurate plans. Contractors, however, currently have an obligation to review those <br />plans and specifications and alert a public entity if there are ambiguities or irregularities <br />with the plans. This bill would eliminate that obligation on behalf of contractors and <br />would likely cause cities to pay more for thorough change orders for public work <br />projects. Accordingly, staff recommends that Council authorize the Mayor to send <br />communications in opposition to this legislation. <br />Page 2 of 3 <br />
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