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HomeMy WebLinkAbout2016-12-08 - Public Financing Corporation Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION REGULAR MEETING Thursday, December 8, 2016, 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 Andrew Hall, Director Phil Hawkins, Director Brooke Jones, Director Wayne Miller, Director Al Nederhood, Director 3. SEATING OF DIRECTORS 3.1. Reorganization of the Board of Directors and Appointment of Officers Recommendation: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation for the next calendar year. 4. 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 three minutes. 5. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 5.1. Minutes of the Public Financing Corporation Regular Meeting Held December 10, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 5.2. Amendments to the Public Financing Corporation's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. PFC-16-01 Adopting a Conflict of Interest Code for the Yorba Linda Water District Public Financing Corporation which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted. 6. ADJOURNMENT 6.1. The next regular meeting of the Public Financing Corporation is scheduled to be held Thursday, December 7, 2017 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. 3.1 AGENDA REPORT Meeting Date: December 8, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Secretary Subject:Reorganization of the Board of Directors and Appointment of Officers STAFF RECOMMENDATION: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation for the next calendar year. DISCUSSION: Pursuant to Resolution No. 16-12, the officers of the District shall also serve as the officers of the Public Financing Corporation and are to be updated annually following the reorganization of the Board of Directors. The powers and duties of the Corporation's officers are the same as the District's officers as set forth in the County Water District Law and the Board of Directors' Policies and Procedures. ITEM NO. 5.1 AGENDA REPORT Meeting Date: December 8, 2016 Subject:Minutes of the Public Financing Corporation Regular Meeting Held December 10, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2015-12-10_-_PFC_-_Minutes.doc Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION REGULAR MEETING Thursday, December 10, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 10, 2015 Regular Meeting of the Yorba Linda Water District Public Financing Corporation was called to order by President Collett at 10:33 a.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL DIRECTORS PRESENT ALSO PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Robert R. Kiley Delia Lugo, Finance Manager Gary T. Melton Damon Micalizzi, Public Information Manager Art Vega, Information Technology Manager Amelia Cloonan, Human Resources Analyst Annie Alexander, Executive Secretary ALSO PRESENT Art Kidman, Partner, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Councilmember, City of Yorba Linda 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Minutes of the Public Financing Corporation Regular Meeting Held December 23, 2014 Director Beverage made a motion, seconded by Director Hawkins, to approve the minutes as presented. Motion carried 5-0. 4.2. Reorganization of the Board of Directors and Appointment of Officers Director Beverage made a motion, seconded by Director Hawkins, to elect Director Collett as President. Motion carried 5-0. 2 Director Collett made a motion, seconded by Director Melton, to elect Director Beverage as Vice President. Motion carried 5-0 Director Beverage made a motion, seconded by Director Hawkins, to appoint Mr. Marcantonio as Secretary, Ms. Annie Alexander as Assistant Secretary, and Mrs. Delia Lugo as Treasurer. Motion carried 5-0. 5. ADJOURNMENT 5.1. The meeting was adjourned at 10:34 a.m. The next regular meeting of the Public Financing Corporation will be held Thursday, December 8, 2016 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 5.2 AGENDA REPORT Meeting Date: December 8, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Dept:Administration Prepared By:Annie Alexander, Executive Secretary Subject:Amendments to the Public Financing Corporation's Conflict of Interest Code STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. PFC-16-01 Adopting a Conflict of Interest Code for the Yorba Linda Water District Public Financing Corporation which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted. 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 recently reviewed the Corporation's Code and has identified the following minor revision: The position of Attorney is being renamed to General Counsel to specifically identify the attorney type and provide continuity with the same proposed revision to the District's COI. The attached exhibit reflects this modification. Amendments must be submitted in the County's eDisclosure System by December 30, 2016 and will not be considered in effect until approved by the Orange County Board of Supervisors. PRIOR RELEVANT BOARD ACTION(S): The Conflict of Interest Code for Public Financing Corporation was last amended on October 25, 2012 by Resolution No. PFC-12-01. ATTACHMENTS: Name:Description:Type: Resolution_No._PFC-16-01_- _Conflict_of_Interest_Code.docx Resolution Resolution YLWD_PFC_Code_Amendments.pdf Exhibit Exhibit Resolution No. PFC-16-01 Adopting a Conflict of Interest Code 1 RESOLUTION NO. PFC-16-01 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-16-01 Adopting a Conflict of Interest Code 2 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 8th day of December 2016, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: , President YLWD Public Financing Corporation ATTEST: , Board Secretary YLWD Public Financing Corporation Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP t Conflict of Interest Code ' EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Position Disclosure Files With Status I Category Consultant OC-30 Agency Unchanged General Counsel OC-01 COB Renamed Reason: Specifically identifies attorney type rather than using generic title of"attorney". Total: 2 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701 (b)), are NOT subject to the Agency's Conflict of Interest Code,but are subject to the disclosure requirements of the Political Reform Act,Government Code section 87100, et seq. Gov't Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: Finance Manager(Treasurer) Files with COB Unchanged General Manager(Secretary) Files with COB Unchanged Member of the Board of Directors Files with COB Unchanged The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They 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: Saturday,December 03 2016 09:59:37 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 Status Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business 87200 Filer positions in business entities, if applicable, pursuant to Government Code Section Unchanged 87200 et seq.. 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 Unchanged (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 is limited in scope and thus is not required to fully OC-30 comply with the disclosure requirements in this section. Such written determination Unchanged 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. Grand Total: 3 Run date/time: Saturday,December 03 2016 09:59:37 AM Page 1 of 1 t Conflict of Interest Code ' EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Public Financing Corporation Position Disclosure Files With Category Consultant OC-30 Agency General Counsel OC-01 COB Total: 2 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701 (b)), are NOT subject to the Agency's Conflict of Interest Code,but are subject to the disclosure requirements of the Political Reform Act,Government Code section 87100, et seq. Gov't Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: Finance Manager(Treasurer) Files with COB General Manager(Secretary) Files with COB Member of the Board of Directors Files with COB The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They 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: Saturday,December 03 2016 09:59:37 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 Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business 87200 Filer positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. 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 perform a range of duties that is limited in scope and thus is not required to fully OC-30 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. Grand Total: 3 Run date/time: Saturday,December 03 2016 09:59:37 AM Page 1 of 1