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HomeMy WebLinkAbout2017-08-22 - Financing Authority Meeting Agenda PacketAGENDA YORBA LINDA WATER DISTRICT FINANCING AUTHORITY SPECIAL MEETING Tuesday, August 22, 2017, 6:25 PM 1717 E Miraloma Ave, Placentia CA 92870 1. ROLL CALL J. Wayne Miller, President Al Nederhood, Vice President Andrew J. Hall, Director Phil Hawkins, Director Brooke Jones, Director 2. 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. 3. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 3.1. Minutes of the Financing Authority Regular Meeting Held April 25, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 3.2. Adding the Position of Assistant General Manager to the Financing Authority's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. FA-17-03 adopting a Conflict of Interest Code for the Financing Authority and rescinding Resolution No. FA-17-02. 4. ADJOURNMENT 4.1. The next regular meeting of YLWD's Financing Authority is scheduled to be held Tuesday, December 12, 2017 at 6:25 p.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: August 22, 2017 Subject:Minutes of the Financing Authority Regular Meeting Held April 25, 2017 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2017-04-25_-_Minutes_-_FA.doc Minutes Minutes Minutes of the YLWD Financing Authority Regular Meeting Held April 25, 2017 6:30 p.m. 1 FA-2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCING AUTHORITY REGULAR MEETING Tuesday, April 25, 2017, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER President Miller called the meeting to order at 8:26 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, President Marc Marcantonio, General Manager Al Nederhood, Vice President Steve Conklin, Engineering Manager Andrew J. Hall, Director John DeCriscio, Operations Manager Phil Hawkins, Director Art Vega, Information Technology Manager Brooke Jones, Director Annie Alexander, Executive Assistant Cindy Botts, Management Analyst Amelia Cloonan, Human Resources Analyst Kelly McCann, Senior Accountant ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Minutes of the Regular Financing Authority Meeting Held April 11, 2017 Director Hawkins made a motion, seconded by Director Jones, to approve the minutes as presented. Motion carried 5-0. Minutes of the YLWD Financing Authority Regular Meeting Held April 25, 2017 6:30 p.m. 2 4.2. Adoption of Conflict of Interest Code for the District’s Financing Authority Mr. Marc Marcantonio explained that in order to comply with the Joint Exercise of Power Agreement and state law, staff had prepared a Conflict of Interest Code for the Financing Authority. The purpose of the Code is to govern the disclosure of financial interests by certain designated members and employees of the authority. It will not be considered to be in effect until approved by the Orange County Board of Supervisors. Director Hawkins made a motion, seconded by Director Hall, to approve Resolution No. FA-17-02 Adopting a Conflict of Interest Code for the Yorba Linda Water District Financing Authority. Motion carried 5-0 on a Roll Call vote. 5. ADJOURNMENT 5.1. The meeting was adjourned at 8:29 p.m. Annie Alexander, Board Secretary ITEM NO. 3.2 AGENDA REPORT Meeting Date: August 22, 2017 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Dept:Administration Prepared By:Annie Alexander, Executive Assistant Subject:Adding the Position of Assistant General Manager to the Financing Authority's Conflict of Interest Code STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. FA-17-03 adopting a Conflict of Interest Code for the Financing Authority and rescinding Resolution No. FA-17-02. DISCUSSION: In compliance with Section 81000 et. seq. of the California Government Code, the Board of Directors of the Financing Authority (FA) has adopted a Conflict of Interest Code (Code) governing the disclosure of financial interests by certain designated employees. The newly created position of Assistant General Manager will have the authority to manage public investments as specified in Section 87200 in the California Government Code, and as such needs to be identified in Exhibit A of the FA's Code. The attached exhibit reflects this modification. Following adoption by the Board, a copy of the Resolution and updated Code must be submitted for review and approval by the Orange County Board of Supervisors, after which it will be considered in effect. In the interim, the District has completed an Agency Report of New Positions (Form 804) and the Assistant General Manager has filed an Assuming Office Statement (Form 700) for the FA with the Clerk of the Orange County Board of Supervisors. PRIOR RELEVANT BOARD ACTION(S): The FA's Conflict of Interest Code was first adopted on April 26, 2017 by Resolution No. FA-17-02. ATTACHMENTS: Name:Description:Type: Resolution_No._FA-17-03_- _Conflict_of_Interest_Code.docx Resolution Resolution YLWD_FA_COI_Update.pdf Exhibit Exhibit Resolution No. FA-17-03 Adopting a Conflict of Interest Code 1 RESOLUTION NO. FA-17-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT FINANCING AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. FA-17-02 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 Financing Authority 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 Financing Authority 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 members and employees are designated and Resolution No. FA-17-03 Adopting a Conflict of Interest Code 2 disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District Financing Authority. Section 2. That Resolution No. FA-17-02 is hereby rescinded. 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 22nd day of August 2017 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: J. Wayne Miller, Ph.D., President YLWD Financing Authority ATTEST: Annie Alexander, Board Secretary YLWD Financing Authority Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Law LLP ATTACHMENT A Resolution No. FA-17-03 Adopting a Conflict of Interest Code 3 CONFLICT OF INTEREST CODE FOR THE YORBA LINDA WATER DISTRICT FINANCING AUTHORITY 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 Cal. Code of Regs. 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 Financing Authority. Designated employees shall file statements of economic interests with the Yorba Linda Water District Financing Authority’s Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of Members of the Board of Directors, General Manager (Executive Director), Assistant General Manager, Finance Manager (Treasurer), and General Counsel, the Yorba Linda Water District Financing Authority’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 these designated positions. Statements for all other designated employees will be retained by the Yorba Linda Water District Financing Authority’s Filing Officer. Conflict of Interest Code EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Financing Authority Position Disclosure Files With Status Category Consultant OC-30 Agency Unchanged General Counsel OC-01 COB Unchanged 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: Assistant General Manager Files with COB Added Reason: Newly created position. Finance Manager(Treasurer) Files with COB Unchanged General Manager(Executive Director) 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: Wednesday,August 16 2017 05:44:32 PM Page 1 of 1 Disclosure Descriptions EXHIBIT B (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Financing Authority 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: Wednesday,August 16 2017 05:44:32 PM Page 1 of 1 Conflict of Interest Code EXHIBIT A (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Financing Authority 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: Assistant General Manager Files with COB Finance Manager(Treasurer) Files with COB General Manager(Executive Director) 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: Wednesday,August 16 2017 05:44:32 PM Page 1 of 1 Disclosure Descriptions EXHIBIT B (Final Draft) Entity: Water Districts Agency: Yorba Linda Water District Financing Authority 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: Wednesday,August 16 2017 05:44:32 PM Page 1 of 1