HomeMy WebLinkAbout2008-02 q l
MINUTES OF STEERING COMMITTEE MEETING
Orange County Sanitation District
Wednesday, February 27, 2008, at 5:30 p.m.
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, February 27, 2007 at 5:30 p.m., in the District's Admiinniiss�trrattiiv�eID IN KTFpI BOTH gEppopD
Office. ONINGEC000NTI'SANI7A ON UIS71iICr
(1) A quorum was declared present, as follows: MAR 26 2000
STEERING COMMITTEE MEMBERS:
Directors Present: STAFF PRESENT'BY-'
Jim Ferryman, Chair Jim Ruth, General Manager
Doug Davert,Vice Chair Bob Ghirelli, Assistant General Manager
Mark Waldman, Administration Committee Nick Arhontes, Director of Operations and
Chair Maintenance
Larry Crandall, Operations Committee Chair Jim Herberg, Director of Engineering
Don Bankhead Ed Torres, Director of Technical Services
Ken Parker Lorenzo Tyner, Director of Finance and
Administrative Services
DIRECTORS ABSENT Michael Gold, Legislative Affairs Liaison
Phil Luebben Penny Kyle, Clerk of the Board
Ryal Wheeler
OTHERS PRESENT: Chuck Forman
Bradley R. Hogin, General Counsel
(2) PUBLIC COMMENTS
There were no public comments.
(3) REPORT OF THE COMMITTEE CHAIR
Chair Jim Ferryman reported that Directors Doug Davert, Larry Crandall, and he would be
attending the CASA conference scheduled for March 10-12, 2008 in Washington, DC. He also
mentioned the next CASA conference would be held April 24-26, 2008 in Squaw Valley.
(4) REPORT OF GENERAL MANAGER
General Manager Jim Ruth provided a brief report of activities that were included in his monthly
report to the Board of Directors.
(5) REPORT OF GENERAL COUNSEL
There was no report.
Mindtes of the Steering Committee
February 27, 2008
Page 2
(6) ACTION ITEMS
A. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the January
23, 2008 Steering Committee meeting.
B. Direct staff to proceed with recommendations of the Steering Committee in
connection with Contractor/Subcontractor allocation of use tax.
Lorenzo Tyner, Director of Finance and Administration, provided information on
the projected costs and impacts to other cities if the District implemented a
program on its' CIP program.
MOVED, SECONDED AND DULY CARRIED: Direct staff to not implement an
allocation of use tax for CIP projects.
Director Crandall abstained.
C. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of
Directors to adopt the 2008 Legislative Platform and Goals.
(7) INFORMATIONAL ITEMS
A. Legislative Affairs Report: Michael Gold provided an update on State and
Federal legislative matters, including the upcoming CASA trip and a proposal by
the Legislative Analyst's office to shift property taxes away from Water and
Wastewater Districts to cover the slate's budget deficit.
B. Naming Policy: Bob Ghirelli presented policies that other agencies have
incorporated for consideration. Directors requested staff to return with a
recommended policy for consideration at the March meeting.
(8) CLOSED SESSION
There was no closed session.
(9) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There were none.
Minutes of the Steering Committee
February 27, 2008
Page 3
(10) ADJOURNMENT
The next Steering Committee meeting is scheduled for Wednesday, March 26, 2008. The Chair
declared the meeting adjourned at 6:01 p.m.
Submitted by::/ �j
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Penny Mk Kyle
Clerk of the Board
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STATE OF CALIFORNIA)
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COUNTY OF ORANGE )
Pursuant to California Government Code Section 54954.2, 1 hereby certify that
the Notice and the Agenda for the Steering Committee meeting to be held on February
27. 2008, was duly posted for public inspection in the main lobby of the District's offices
on February 20, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of
February.
Penny M. Kyle, Clerk of th Board
Board of Directors
Orange County Sanitation District
ORANGE COUNTY SANITATION DISTRICT
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STEERING COMMITTEE AND BOARD
MEETING DATES
February 27, 2008
March 26, 2008
April 23, 2008
May 28, 2008
June 25, 2008
July 23, 2008
August 27, 2008
*September 17, 2008
October 22,2008
*November 19, 2008
*December 17, 2008
January 28, 2009
-Meetings being held the third Wednesday of the month.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: February 27, 2008 Meeting Time: 5:30 p.m.
Committee Members
Jim Ferryman, Board Chair................................................. ...........
Doug Davert, Vice Chair..................................................... ...........
Mark Waldman, Administration Committee Chair................ ...........
Larry Crandall, Operations Committee Chair....................... ...........
PhilLuebben....................................................................... ..........._
DonBankhead.................................................................... ...........
KenParker.......................................................................... ...........
Others
Brad Hogin, General Counsel............................................. ...........
Staff
Jim Ruth, General Manager....................................................
Bob Ghirelli, Assistant General Manager.................................. .
Nick Arhontes, Director of Operations & Maintenance................. .
Jim Herberg, Director of Engineering....................................... .
Ed Torres, Director of Technical Services.................................._
Lorenzo Tyner, Director of Finance &Administrative Services........
Michael Gold, Legislative Affairs Liaison....................................
Penny Kyle, Clerk of the Board........................................... ._
Other Staff Present
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, FEBRUARY 27, 2008 AT 5:30 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California
1. Declaration of Quorum and appointment of Chair Pro Tem, if necessary
2. Public Comments
3. Report of Committee Chair
4. Report of General Manager
5. Report of General Counsel
6. Action Items
A. Approve minutes of the January 23, 2008 Steering Committee meeting.
B. Direct staff to proceed with recommendations of the Steering Committee in
connection with Contractor/Subcontractor allocation of use tax. (Book Page 7)
C. Recommend to the Board of Directors to adopt the 2008 Legislative Platform and
Goals. (Book Page 9)
7. Information Items
A. Legislative Affairs Report—Gold (Book Page 11)
B. Naming Policy- Ghirelli (Book Page 14)
Book Puec I
February 27, 2008
8. Closed Session
During the course of conducting the business set forth an this agenda as a regular meeting of the
Steering Committee,the Chair may convene the Committee in closed session to consider matters
of pending real estate negotiations,pending or potential litigation,or personnel matters, pursuard
to Government Code Sections 54956.8,54956.9,54957 or 54957.6,as noted.
Reports relating to(a)purchase and sale of real property;(b)matters of pending or potential
litigation;(c)employment actions or negotiations with employee representatives;or which are
exempt from public disclosure under the California Public Records Act,may be reviewed by the
Directors during a permitted dosed session and are not available for public inspection. At such
time as final actions are taken by the Board on any of these subjects,the minutes will reflect all
required disclosures of information.
A. Convene in closed session, if necessary
CONFERENCE WITH LEGAL COUNSEL RE. INITIATION OF LITIGATION
(Government Code Section 54956.9(c))
Number of Potential Cases: 1
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
9. Other business and communications or supplemental agenda items, if any
10. Adjournment to March 26, 2008, at 5:30 p.m.
Book Page 2
February 27, 2008
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this
agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior
to the meeting date and time above. All written materials relating to each agenda item are available for public
inspection in the office of the Clerk of the Board.
Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an
emergency item or because there is a need to take immediate action,which need came to the attention of the
Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
Public Comments: Any member of the public may address the Steering Committee on specific agenda
items or matters of general interest. As determined by the Chair, speakers may be deferred until the
specific Rem is taken for discussion and remarks may be limited to three minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot have action
taken by the Committee except as authorized by Section 54954.2(b).
Consent Calendar: Al matters placed on the consent calendar are considered as not requiring discussion
or further explanation, and unless a particular item is requested to be removed from the consent calendar
by a Director of staff member,there will be no separate discussion of these items. All items on the
consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for
resolutions included on the consent calendar. All items removed from the consent calendar shall be
considered in the regular order of business.
The Committee Chair will determine if any items are to be deleted from the consent calendar.
Items Continued: Items may be continued from this meeting without further notice to a Committee
meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3).
Meeting At ioumment: This meeting may be adjourned to a later time and items of business from this agenda
may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government
Code Section 54955(posted within 24 hours).
Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you
require any special disability related accommodations, please contact the Orange County Sanitation District
Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must
specify the nature of the disability and the type of accommodation requested.
Notice to Committee Members:
For any questions on the agenda or to place any items on the agenda. Committee members should contact the
Committee Chair or Clerk of the Board tan days in advance of the Committee meeting.
Committee Chair: Jim Ferryman (714)283-5910 ext. 123
General Manager: James D. Ruth (714)593-7110
General Counsel: Brad Hogin (714)4151005
Clerk of the Board: Penny Kyle (714)593-7130
Email: Rhde@ocsd cam
Book Page 3
MINUTES OF THE STEERING COMMITTEE RE LEGISLATIVE GOAL
SETTING WORKSHOP
Orange County Sanitation District
Wednesday, January 23, 2008, at 4:00 p.m.
A special meeting of the Steering Committee of the Orange County Sanitation District was held on
Wednesday. January 23, 2008 at 4:00 p.m. in the District's Administrative Office.
(1) PUBLIC COMMENTS
There were no public comments.
(2) GOAL SETTING WORKSHOP
The legislative lobbyists reviewed last year's accomplishments and discussed the strategic goals
proposed for 2008.
MINUTES OF THE STEERING COMMITTEE
After a brief recess, the meeting of the Steering Committee of the Orange County Sanitation
District was held on Wednesday, January 23, 2008 at 5:30 p.m., in the District's Administrative
Office.
(1) A quorum was declared present, as follows:
STEERING COMMITTEE MEMBERS:
Directors Present: STAFF PRESENT:
Jim Ferryman, Chair Jim Ruth, General Manager
Doug Davert,Vice Chair Bob Ghirelli,Assistant General Manager
Mark Waldman,Administration Committee Nick Arhontes, Director of Operations and
Chair Maintenance
Larry Crandall, Operations Committee Chair Jim Herberg, Director of Engineering
Don Bankhead Ed Torres, Director of Technical Services
Phil Luebben Lorenzo Tyner, Director of Finance and
Ken Parker Administrative Services
Michael Gold, Government Affairs Manager
DIRECTORS ABSENT Penny Kyle, Clerk of the Board
None
OTHERS PRESENT:
Bradley R. Hogin, General Counsel
Heather Dion, Townsend Public Affairs
Chris Townsend, Townsend Public Affairs
Eric Sapirstein, ENS Resources
Book Page 4
Minutes of the Steering Committee
January 23, 2008
Page 2
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no public comments.
(4) REPORT OF THE COMMITTEE CHAIR
Chair Jim Ferryman reported he had attended past Board Chair Steve Anderson's funeral and
expressed gratitude for his contribution to the water industry. The memorial dedication of
district-owned property was proposed and requested that staff submits a proposed policy. Chair
Ferryman welcomed Directors Parker and Bankhead to the Steering Committee as new Steering
Committee members. Chair Ferryman reported that he will be attending the 2008 CASA
conference in Washington, D.C. on March 10-12. Directors Davert and Crandall, as well as Jim
Ruth, Bob Ghirelli and Michael Gold will also attend.
(5) REPORT OF GENERAL MANAGER
General Manager Jim Ruth, briefly reported on the operations agreement discussion with
SAWPA; leadership training program with Pepperdine University; Directors Orientation
scheduled for February 25, 2008. Director of Finance, Lorenzo Tyner, provided a brief report of
the Proposition 218 responses from the public.
(6) REPORT OF GENERAL COUNSEL
General Counsel, Brad Hogin, briefly stated the regulations for approving ordinances, and regulations
on directors' involvement in evaluation of vendor proposals.
(7) ACTION ITEMS
A. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the December
19, 2007 Steering Committee meeting.
Directors Bankhead and Parker abstained.
(8) INFORMATIONAL ITEMS
Because of the workshop held earlier on legislative affairs, no verbal report was given.
(9) CLOSED SESSION
There was no closed session.
Book Page 5
Minutes of the Steering Committee
January 23, 2008
Page 3
(10) OTHER BUSINESS,COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY
There were none.
(11) ADJOURNMENT
The Chair declared the meeting adjourned at 6:05 p.m. until February 27, 2008 at 5:30 p.m.
Submitted by:
Penny M. Kyl o L
Clerk of the Board
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Book Page 6
STEERING COMMITTEE Mee6na Dare TU ad.of oir.
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AGENDA REPORT Ran rvumbe ttem rvumher
6(B)
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: CONTRACTOR/SUBCONTRACTOR DIRECT ALLOCATION OF USE TAX.
GENERAL MANAGER'S RECOMMENDATION
Direct staff to proceed with recommendations of the Steering Committee in connection
with Contractor/Subcontractor allocation of use tax.
SUMMARY
Under a resolution adopted by the State Board of Equalization in 1994, local jurisdictions
have the opportunity to receive direct distribution of the local tax. Some construction
contractors are liable for sales or use tax on materials and fixtures consumed or sold on
construction contracts. A portion of that tax, the local tax, is distributed to the county
government, and city governments within the county, of the jobsite location.
Under the Bradley-Burns Uniform Local Sales and Use Tax Law, Revenue and Taxation
Code, all revenues received by the county from the collection of local sales and use taxes
are placed in a county-wide pool and allocated to all of the county's taxing jurisdictions on
a quarterly basis. Since January 1, 1995, however, construction contractors may
voluntarily elect to allocate the local sales and use tax derived from construction contracts
of$5,000,000 (five million dollars) or more directly to the local jurisdiction where the jobsite
is located. This is accomplished by obtaining a sub-permit of their seller's permit for a
specific jobsite and allocating the local tax to that jobsite on Schedule C of their sales and
use tax return.
The City of Huntington Beach and the City of Fountain Valley have asked OCSD to require
construction contractors to file Schedule C for each OCSD construction project within their
cities. Specifically, the City of Fountain Valley has asked that OCSD incorporate the
following language into its contract agreements:
"The Orange County Sanitation District is requiring that all contractors and
subcontractors on the site participate in directing local tax to (city name)
wherever possible. This direction will not increase the contractor's tax
liability; however, it will increase the percentage amount of tax revenue the
city will receive. The OCSD is requiring that the contractors and
subcontractors work together with the city officials and consultants to
achieve and equitable outcome."
Fom No.OM102n R Re -SC
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Book Page 7
At present, it is difficult to estimate the transfer amounts from each impacted city to
Huntington Beach and Fountain Valley. This is due to the fact that we do not have a solid
estimate as to how many contracts and subcontracts will exceed the $5 million threshold.
Also, we do not know what portion of these contract materials will be purchased out of the
state of California.
OCSD appears to have three options:
1) Implement the request completely by requiring construction contractors to file
Schedule C to direct their local tax to the City.
2) Modify OCSD's contract agreement language to inform contractors about their
option to direct their local tax to the City, without requiring contractors to do so.
3) Make no changes to OCSD's contract agreement in response to the cities' request.
Analysis Provided by General Counsel:
Requiring contractors to direct their local tax to the City would, in effect, transfer tax
revenues which would otherwise be shared by a large number of OCSD member agencies
to one or more of OCSD's member agencies— Fountain Valley and Huntington Beach.
This is a policy issue that needs to be considered. The following factors are relevant:
• The cities of Fountain Valley and Huntington Beach presumably bear a
disproportionate impact of OCSD's construction projects, including, but not limited,
to traffic impacts. Thus, arguably, the cities should receive the tax benefit for
qualifying products purchased for OCSD projects for use with the cities.
• The City of Fountain Valley has required OCSD to pay a large amount of traffic
impact fees. Thus, arguably, the City has already been compensated for most or all
OCSD traffic and construction impacts.
• There would be a cost associated with monitoring compliance.
The issue is purely a matter of policy. General Counsel has no recommendation on how
to proceed.
PRIOR COMMITTEEIBOARD ACTIONS
None.
ADDITIONAL INFORMATION
None.
JDR:LT:MDW:DD
Fom,No.ow im-i Aae.m Report-SC
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Page 2
Book Page 8
STEERING COMMITTEE Meeting Date To ad.of Dlr.
02/27/08 oz/271
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8
AGENDA REPORT Ren Number Item Momoc
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Government Affairs
SUBJECT: Adoption of 2008 Legislative Platform and Goals
GENERAL MANAGER'S RECOMMENDATION
Adopt the 2008 Platform and Goals
SUMMARY
Last month, the Steering Committee held its second annual legislative strategic planning
session with staff and the lobbying team. At this session, staff presented ideas and the group
discussed those areas on which to focus.
As has been done in the past, the years' goals are included in the Legislative Platform, which is
a guide to adopted positions on a number of matters. Both the goals and the platform assist
staff throughout the year as bills and policy issues arise. Staff will also report on the progress
towards these goals at mid-year and the end of 2008.
Over the past two years, the entire document has been refined to include not only the platform
statements but also the procedure for taking positions on bills.
For 2008, staff is presenting the legislative platform and goals for your consideration. The have
been no changes to the Legislative Platform or the procedures; however the goals have been
updated to reflect the discussions at the January meeting.
The goals for 2008 are as follows:
State and Federal Legislative Goals for 2008
• Seek an appropriation through Congress to fund the relocation of the Santa Ana River
Interceptor(SARI) line.
• Support the County of Orange to include flood subvention funds in the State Budget,
ensuring that these funds are released this year.
• Pursue an appropriation and general authorization from Congress for Secondary
Treatment upgrades in advance of the 2012 deadline.
• In partnership with the Discovery Science Center, pursue funding of the Sewer Science
program to teach high school students about wastewater treatment and generate
interest in water-related careers.
F.N.�fabI 01 7
Page 1
Book Page 9
• Pursue Homeland Security funding for security-related upgrades to OCSD (in
partnership with Orange County Water District).
• Continue pursuing legislative and regulatory changes ensuring that wastewater agencies
can apply for water and infrastructure bond funds.
• Develop demonstration programs related to energy recovery or reuse related to climate
change mitigation as a way to attract additional State and Federal grants.
• Monitor climate change legislation at both the State and Federal levels.
• Work with cities, the County and other special districts to fight any proposed property tax
shifts to balance the State's budget.
PRIOR COMMITTEE/BOARD ACTIONS
The Board adopted the original Legislative Platform in December 2005 with an update (adding
procedures for taking positions on bills) adopted in August 2006.
An updated platform was adopted in November 2006.
Fom No.0VFt03-1
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Book Page 10
STEERING COMMITTEE Nk11119 re ro ad.or Dir.
02/27/os
AGENDA REPORT
Orange County sandabon Dismct �r
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Government Affairs
SUBJECT: Legislative, Policy and Political Update
GENERAL MANAGER'S RECOMMENDATION
Information Only
SUMMARY
This report is the monthly update from Washington, D.C. and Sacramento highlighting lobbyists'
activities, OCSD legislative priorities and other information of interest to the Steering
Committee.
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
Federal Legislative Report
Eric Sapirstein, ENS Resources and John Freshman,Troutman Sanders
Political highlights
In a rare flash of bi-partisanship, Congress finished its work in 2007 passing all appropriations
bills, an energy bill, emergency health care legislative extension and other assorted items,
which set the stage for a new beginning in 2008 on budget and spending matters and
developed a positive cooperative spirit. However because 2008 is an election year and will be
relatively short and rancorous, the cooperation is unlikely to last.
The President's budget was dead-on-arrival and the appropriations committees are busy trying
to figure out ways to get work done without the threat of a Presidential veto. With this backdrop,
2008 may be a year of little legislation but foundation-building with Congress paving the way for
new initiatives and issues following the election of a new President.
It is clear that moving forward, Congressional priorities are shifting from defense spending to
domestic issues, especially infrastructure. We have spoken with several senior appropriators in
the last two weeks and they are writing bills to fund water projects at levels much higher than
the President proposed and focus on rebuilding national infrastructure. Pending the outcome of
November's elections, most committees will work to complete their bills by the fall but place
them on hold until the inauguration of a new President in the third week of January.
Form No.a ico_m Pgenm Rpm-se
Rwn 01M1 07
Page 1
Book Page I I
Legislation and appropriations
With the current Congressional situation,we recommend that OCSD proceed as if there are
opportunities for appropriations and continue to seek assistance high-priority projects. Despite
the very low prospects of any funding this year for large projects, members are still seeking
appropriations request early and we will have everything complete by the deadlines.
Following the submission of our request forms,we will make contacts with the appropriate staff
and meetings with members of Congress and their staff in March during the CASA conference.
State Legislative Report
Heather Dion and Chris Townsend, Townsend Public Affairs
Political highlights
With the Legislature reconvening in early January and the Governor releasing his budget on
January 10. the primary focus in Sacramento over the past several weeks has been the budget
deficit. Moreover, while the coming years do not look much better because the structural issues
that keep the general fund expenses larger than revenues, the Governor did propose several
cuts to help offset $4 billion of the$14.5 billion shortfall this year. Most of these proposed cuts
were in education. The bottom line is that deficits will continue until the structural issues are
resolved.
In order to deal with the fiscal situation, the Governor called for a special session and issued an
official fiscal emergency. The Legislature officially convened this special session on January 14
and has until February 24 to address the emergency or they may not act upon any other piece
Currently, no bills have been introduced in this special session. While the 45day period for the
Legislature to bring forward options to deal with the fiscal emergency is a new and certainly
aggressive approach by the Governor, the Legislature does not necessarily have to make any
immediate decisions within this time frame. Technically the Legislature can use the time to
structure a framework for their priorities and send this package to the Governor for
consideration, allowing them to continue working once the deadline passes. This would then
mean the remaining budget deliberations would occur when they normally do in late May and
through June.
With so much uncertainty in Sacramento, other major initiatives such as a future water bond
have come to a halt. Legislative discussions regarding a future water bond were also halted
until the fate of Proposition 93 was decided. With its failure, a legislative shake-up is occurring
in Sacramento.
Immediately following the election, the Senate selected a new President Pro Tem, Senator
Darrell Steinberg (D-Sacramento). Senator Steinberg currently serves as Chair of the Senate
Environmental Quality Committee, and is seen as a policy wonk on environmental and water
related issues. He is a former Sacramento City Councilman in the second year of his term and
will not be termed out until 2014. TPA has worked extensively with Senator Steinberg to help
craft legislation that will implement various provisions of Proposition 84, as well as on various
museum and cultural projects. Even though he is in his first term in the Senate, Mr. Steinberg
has significant experience in legislative leadership. Steinberg will not assume the leadership
post for a few months.
While the transition in the Senate was smooth, the Assembly is a different matter. After several
meetings, Mr. Nunez announced that he will be stepping down as Speaker on March 11. No
clear successor has emerged but several people have expressed interest, including Assembly
FO.NO,OWM1 AqN a -SC
IYreeE'.OtpW]
Page 2
Book Page 12
members Karen Bass and Kevin De Leon, both from Los Angeles, as"it as, Hector De la
Torre(South Gate),Anthony Portantino(La Canada), Charles Calderon, and Fiona Me (San
Francisco).
Legislation of interest
AB 642 (Wolk)— Design build for cities and special districts
This bill started as an umbrella to grant all cities, counties and special districts the ability to
utilize design-build on projects over$2.5 million; however, opposition from several groups
forced the author to scale back the proposal just allowing design-build authority for cities and for
all public agencies on water, wastewater and waste recycling projects.
While the bill has some positive aspects, such as the lower dollar threshold, it limits the total
number of projects to twenty for all agencies and tasks the Governor's office of OPR to track
projects to as to not exceed twenty statewide. Staff has some concerns with this bill, including
the arbitrary limit of twenty and whether OPR's involvement will lead to a approval process.
This bill will continue to be tracked by staff.
AB 983 (Ma)—Public contracts: plans and specifications
This bill provides that there is an implied warranty in the accuracy and completeness of the
plans and specifications. The bill shifts the burden to the agency d something wrong occurs
after completion of the project and the contractor could claim error in the plan, rather than
construction error.
AB 983 arises out of a case in the Bay Area where a contractor failed to complete a job and
walked off then sued to collect its retainer. This is clearly a bad bill and while the District does
not have direct platform language allowing an oppose position, staff recommends that oppose
the bill and work with CASA and others to kill ft.
F.No.0 1O 1 ftM N _Sc
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Page 3
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STEERING COMMITTEE Nleenn9 Date TO BG.of qr.
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AGENDA REPORT r�N•m iMff!NW1W
ar
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Robert Ghirelli
SUBJECT: NAMING OF DISTRICT OWNED LAND, BUILDINGS, AND FACILITIES
GENERAL MANAGER'S RECOMMENDATION
For Information Only
SUMMARY
At the request of the Chair, staff researched the various naming policies of cities, agencies and
organizations. In general, most of the naming policies consider the following topicstissues.
Living vs. Deceased
• Vast majority of cities/agencies require the individual to be deceased
• Several added a time requirement requiring a wading period of 6 months to
three years before an individual could be memorialized
Years of Service
• Four agencies/cities required a minimum of ten to thirty years of service by
the individual to the organization for consideration
Criteria
To be named in honor of the individual, the individual must have demonstrated or
preformed the following (a collection of the primary requirements):
• Have a long standing affiliation with the citylagency
• Considered a role model
• Enhanced the quality of life or well-being of the organization
• Had a positive impact on the lives of the organization's residents
• Served multiple organizations and touched many lives
• Made a significant contribution to the community in terms of improvement of
the quality of life
• Served as a long time public servant or elected official
• The individual must not have been convicted of a felony
• Must have made an outstanding or usual contribution to the community in
terms of leadership, involvement or substantial commitment of time
• Made a significant contribution to the community/agency by assisting in the
establishment of new facilities and/or programs
• Died in the line of duty
Wr•W 11epx1-sc
Form No.OW4pP-t nmeM_4tN6b1
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Book Page 14
Types of Memorials
Several cities offered different ways for an individual to be memorialized:
• Components (i.e. sports field within a park, a room in a building etc)
• Wall of Fame '
• Buildings
• Support facilities
• Plaques, markers, or memorials (placed on a building, bench, fountain etc.)
New facilities vs. existing facilities
• Only new or unnamed facilities will be named in honor of individual
• Existing facilities will not be renamed
Permanence
• All facilities, building, components etc. must be permanent; there will be no
renaming of buildings
Consideration for living family
• Must have the approval from family of deceased
Monetary Requirements
• Facilities named after an individual will not be bought or paid for by the
memorialized; or
• Only facilities receiving monetary donations will be named in memorial of an
individual
All policies were acquired through the California League of Cities List Serv, California League of
Cities database, and Internet searches. Only one water or wastewater agency responded,
Palmdale Water District.
PRIOR COMMITTEEIBOARD ACTIONS
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ADDITIONAL INFORMATION
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Form No.owma,
SC
Page Page 2 w.w.urmcm
Book Page 15
ORANGE COUNTY SANITATION DISTRICT
(714) 962-2411
www.ocsd.com
Mailing Address:
P.O. Box 8127
Fountain Valley, California
92728-8127
Street Address:
10844 Ellis Avenue
Fountain Valley, California
92708-7018