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HomeMy WebLinkAbout2010-06-10 - Public Financing Corporation Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION SPECIAL MEETING Thursday, June 10, 2010, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 1.1. PLEASE NOTE THAT THIS MEETING WILL BEGIN IMMEDIATELY FOLLOWING THE REGULAR BOARD MEETING 2. ROLL CALL William R. Mills, President Michael J. Beverage, Vice President Ric Collett Phil Hawkins John W. Summerfield 3. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 4.1. Minutes of the Public Financing Corporation Special Meeting Held March 11, 2010 Recommendation: That the Board of Directors approve the minutes as presented. 4.2. Amendments to the Public Financing Corporation's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. PFC-10-02 Adopting a Conflict of Interest Code for the Yorba Linda Water District Public Financing Corporation. 5. ADJOURNMENT 5.1. The next regular meeting of the Public Financing Corporation will be held December 9, 2010 at 8:30 a. m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 4.1 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Minutes of the Public Financing Corporation Special Meeting Held March 11, 2010 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 031110 PFC - Minutes.doc PFC Mtg Minutes 03/11/10 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 RC/JS 3-0 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION SPECIAL MEETING March 11, 2010 1. CALL TO ORDER The March 11, 2010 special meeting of the Yorba Linda Water District Public Financing Corporation was called to order by President Mills at 9:56 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT William R. Mills, President Ken Vecchiarelli, General Manager Michael J. Beverage, Vice President Pat Grady, Assistant General Manager Ric Collett Art Kidman, Legal Counsel Phil Hawkins Steve Conklin, Engineering Manager John W. Summerfield Stephen Parker, Finance Director Damon Micalizzi, PI Specialist Annie Alexander, Executive Secretary 3. PUBLIC COMMENTS , None. 4. ACTION CALENDAR 4.1. Appointment of Corporate Officer On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 on a Roll Call to appoint Stephen Parker as Treasurer for the Public Financing Corporation and adopt Resolution No. PFC-10-01 Ratifying the Appointment of Officers and Rescinding Resolution No. PFC 09-01. 4.2. Minutes of the Regular Public Financing Corporation Meeting Held November 25, 2009 On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 to approve the minutes of the Regular Public Financing Corporation meeting held November 25, 2009. 5. ADJOURNMENT 5.1. The meeting was adjourned at 9:57 a.m. Ken Vecchiarelli Board Secretary 1 ITEM NO. 4.2 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Amendments to the Public Financing Corporation's Conflict of Interest Code SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (COI) biennially to determine if it is accurate or requires amendment. State law stipulates that the Orange County Board of Supervisors (OCBOS) is the code reviewing body for both the District and the Public Financing Corporation. The Clerk of the OCBOS has requested that the District amend the Public Financing Corporation's COI to conform to a standardized format. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. PFC-10-02 Adopting a Conflict of Interest Code for the Yorba Linda Water District Public Financing Corporation. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held May 26, 2010 and supports staff's recommendation. DISCUSSION: The Board adopted the Public Financing Corporation's COI on December 23, 2003 by Resolution No. PFC-03-04. Darlene Bloom, Clerk of the OCBOS, has requested that this code be amended to conform to a standardized format. Staff discussed these matters further with Ms. Bloom via teleconference on May 10, 2010. Staff also recommends designating the OCBOS as the filing officer for all designated positions (excluding consultants) so that filers can take advantage of the County's new online filing system. Staff has been advised by the County that filings submitted using this system will not be made available online and that members of the public will still need to submit a public records request to obtain copies. However, the County will not notify filers if a copy of their filing has been requested. The attached resolution reflects all recommended amendments and has been reviewed by OCBOS representatives and District's legal counsel. ATTACHMENTS: Resolution PFC-10 Resolution No. PFC-10-02 Resolution 02 Adopting a Conflict of Interest Code.doc Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 RC/JS 3-0 Roll Call Directors Hawkins and Mills were absent. RESOLUTION NO. PFC-10-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District Public Financing Corporation has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District Public Financing Corporation as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which positions are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District Public Financing Corporation. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District Public Financing Corporation are hereby superseded. Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 1 Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED this 10th day of June 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, Vice President YLWD Public Financing Corp ATTEST: Ken Vecchiarelli, Secretary YLWD Public Financing Corp Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2, California Code of Regulations, Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District Public Financing Corporation. Designated employees shall file statements of economic interests with the Yorba Linda Water District Public Financing Corporation's Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Except as specified below, statements for designated employees will be retained by the Agency's Filing Officer. Upon receipt of the statements of the Attorney, the Yorba Linda Water District Public Financing Corporation's Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for this position. Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 3 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2, California Code of Regulations§ 18701 (b), are NOT subject to the Agency's code, but are subject to the disclosure requirement of the Act (Government Code Section 87200 et seq.). [Regulations § 18730 (b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments: Member of the Board of Directors General Manager (Secretary) Assistant General Manager (Assistant Secretary) Finance Director (Treasurer) These positions shall file original statements with the Clerk of the Orange County Board of Supervisors. The disclosure categories and requirements for these positions are set forth in article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200 et. Seq. Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 4 APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION EXHIBIT A LIST OF DESIGNATED POSITIONS Designated Positions Disclosure Categories Attorney OC-01 Consultant OC-30 Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 5 EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County, the Authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Office for public inspection. Resolution No. PFC-10-02 Adopting a Conflict of Interest Code 6