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HomeMy WebLinkAbout2012-10-25 - Public Financing Corporation Meeting Agenda Packet Yorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION SPECIAL MEETING Thursday, October 25, 2012, 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 Phil Hawkins, President Gary T. Melton, Vice President Michael J. Beverage Ric Collett Robert R. Kiley 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 Regular Meeting Held December 8, 2011 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-12-01 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 Thursday, December 13, 2012 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: October 25, 2012 Subject: Minutes of the Public Financing Corporation Regular Meeting Held December 8, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 120811 PFC - Minutes.doc PFC Mtg Minutes 12/08/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/25/2012 RC/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION REGULAR MEETING December 8, 2011 1. CALL TO ORDER The December 8, 2011 regular meeting of the Yorba Linda Water District Public Financing Corporation was called to order at 9:43 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. ROLL CALL 4AL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage Ken Vecchiarelli, General Manager Phil Hawkins Steve Conklin, Engineering Manager Ric Collett Gina Knight, Human Resources Manager Robert R. Kiley Stephen Parker, Finance Manager Gary T. Melton Art Vega, Interim IT Manager kS Damon Micalizzi, Public Information Officer Annie Alexander, Executive Secretary OTHER ATTENDEES Art Kidman, General Counsel, Kidman Behrens & Tague LLP Andrew Gagen, Associate, Kidman Behrens & Tague LLP Alissa Hawkins Mark Schock 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Election of Officers for the Public Financing Corporation Mr. Vecchiarelli explained that in accordance with the Board of Directors' Rules for Organization and Procedure, the officers of the District would also serve as the officers of the Public Financing Corporation. Mr. Vecchiarelli further explained that while ratification of this action by resolution is no longer required, a vote of the Board is still considered necessary. Director Beverage made a motion, seconded by Director Melton, to (1) elect Director Hawkins as President and Director Melton as Vice President of the Public Financing Corporation, and (2) appoint Ken Vecchiarelli as Secretary, Annie Alexander as Assistant Secretary and Stephen Parker as Treasurer of the Public Financing Corporation. Motion carried 5-0. 1 4.2. Minutes of the Regular Public Financing Corporation Meeting Held December 9, 2010 Director Beverage made a motion, seconded by Director Kiley, to approve the minutes as presented. Motion carried 5-0. 5. ADJOURNMENT 5.1. The meeting was adjourned at 9:46 a.m. The next regular meeting of the Public Financing Corporation will be held December 13, 2012 at 8:30 a.m. Annie Alexander Assistant Board Secretary 2 ITEM NO. 4.2 AGENDA REPORT Meeting Date: October 25, 2012 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Steve Conklin, Acting General Account No: N/A Manager Job No: N/A Presented By: Steve Conklin, Acting 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 STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. PFC-12-01 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 October 15, 2012 and supports staff's recommendation. DISCUSSION: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (COI) biennially and to notify the code reviewing body if their current code is accurate or if it requires amendment. State law stipulates that the Orange County Board of Supervisors is the code reviewing body for the Public Financing Corporation. Staff reviewed the Corporation's COI and has identified the following minor revisions: • The position of Finance Director (Auditor) has been changed to Finance Manager (Treasurer). • The position of Assistant General Manager (Assistant Secretary) is not budgeted at this time. The attached exhibits reflect these modifications and have been reviewed by General Counsel along with the associated resolution. PRIOR RELEVANT BOARD ACTION(S): The Conflict of Interest Code for Public Financing Corporation was last amended on June 10, 2010 by Resolution No. PFC-10-02. ATTACHMENTS: Name: Description: Type: Resolution No. PFC-12- Resolution Resolution 01 Adopting a Conflict of Interest Code.doc YLWD-PFC COI 2012 Update Redline.pdf Redline Exhibits Exhibit YLWD-PFC COI 2012 Update Final Draft.pdf Final Exhibits Exhibit Approved by the Board of Directors of the Yorba Linda Water District 10/25/2012 RC/GM 5-0 Roll Call RESOLUTION NO. PFC-12-01 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 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-12-01 Adopting a Conflict of Interest Code 1 Section 3. The Filing Officer is hereby authorized to submit the updated Conflict of Interest Code 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 25th day of October 2012, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President YLWD Public Financing Corporation ATTEST: Annie Alexander, Assistant Secretary YLWD Public Financing Corporation Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Lax, LLP Resolution No. PFC-12-01 Adopting a Conflict of Interest Code 2 XtraExport https:Hcobcoi.ocgov.com/eDisclosure/ContactPerson/CodeAmendments.aspx Conflict of Interest Code EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Position Disclosure Files With Status Category Attorney OC-01 COB Unchanged Consultant OC-30 Agency Unchanged Total:2 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments,as defined by 2 Cal.Code of Regs.§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.).[Regs.§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: Assistant General Manager(Assistant Secretary) Files with COO-Paper Filings Deleted Y Finance Director(Treasurer) Files with COO-Paper Filings Deleted Y Finance Manager(Treasurer) Files with COB-Paper Filings Only Added General Manager(Secretary) Files with COO-Paper Filings Unchanged Y Member of the Board of Directors Files with COO-Paper Filings Unchanged Y 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.They generally require the disclosure of interests in real property in the agency's jurisdiction, as well as investments,business positions and sources of income(including gifts,loans and travel payments). Run date/time:Tuesday,October 09 2012 09:51:00 AM Page 1 of 1 XtraExport https:Hcobcoi.ocgov.com/eDisclosure/ContactPerson/CodeAmendments.aspx Disclosure Descriptions EXHIBIT B (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Disclosure Category Disclosure Description Status It has been determined that this position manages public investments and 87200 Filer will file a statement of economic interests pursuant to Government Code Unchanged Section 87200. All interests in real property in Orange County,the authority or the District OC-01 as applicable,as well as investments,business positions and sources of Unchanged income(including gifts,loans and travel payments). 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 County 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 OC-30 is limited in scope and thus is not required to fully comply with the Unchanged disclosure requirements in 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 Officer for public inspection. Total:3 Run date/time:Tuesday,October 09 2012 09:51:00 AM Page 1 of 1 2 of 6 10/9/2012 9:51 AM Conflict of Interest Code EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Position Disclosure Files With Category Attorney OC-01 COB Consultant IOC-30 Agency Total: 2 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 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.). [Regs. § 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: Finance Manager(Treasurer) Files with COB-Paper Filings Only General Manager(Secretary) Files with COB-Paper Filings Only Member of the Board of Directors Files with COB-Paper Filings Only 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. They generally require the disclosure of interests in real property in the agency's jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments). Run date/time: Wednesday, October 17 2012 09:53:03 AM Page 1 of 1 Disclosure Descriptions EXHIBIT B (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Disclosure Category Disclosure Description 87200 Filer It has been determined that this position manages public investments and will file a statement of economic interests pursuant to Government Code Section 87200. All interests in real property in Orange County,the authority or the District as OC-01 applicable, as well as investments,business positions and sources of income (including gifts,loans and travel payments). 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 County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a"designated position," is hired to OC-30 perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in 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 Officer for public inspection. Total: 3 Run date/time: Wednesday, October 17 2012 09:53:03 AM Page 1 of 1