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HomeMy WebLinkAbout2018-10-09 - Public Financing Corporation Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION REGULAR MEETING Tuesday, October 9, 2018, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 1.1. Please note that this meeting will be called to order following consideration of Item No. 8.4. on the agenda for the Regular Board of Directors Meeting on Tuesday, October 9, 2018 at 6:30 p.m. 2. ROLL CALL Al Nederhood, President Brooke Jones, Vice President Andrew J. Hall, Director Phil Hawkins, Director J. Wayne Miller, Director 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 three 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 12, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 4.2. Amending the Public Financing Corporation's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. PFC-18-01 adopting a Conflict of Interest Code for the Public Financing Corporation which supersedes all prior Conflict of Interest Codes and amendments previously adopted. 5. ADJOURNMENT 5.1. The next regular meeting of YLWD's Public Financing Corporation is scheduled to be held Tuesday, December 11, 2018 at 6:30 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. 4.1 AGENDA REPORT Meeting Date: October 9, 2018 Subject:Minutes of the Public Financing Corporation Regular Meeting Held December 12, 2017 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2017-12-12_-_Minutes_-_PFC.doc Minutes Minutes Minutes of the YLWD Public Financing Corporation Regular Meeting Held December 12, 2017 6:30 p.m. 1 PFC-2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION REGULAR MEETING Tuesday, December 12, 2017, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:58 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Andrew J. Hall Marc Marcantonio, General Manager Phil Hawkins Brett Barbre, Assistant General Manager Brooke Jones Steve Conklin, Engineering Manager Al Nederhood John DeCriscio, Operations Manager J. Wayne Miller Gina Knight, HR/Risk and Safety Manager Delia Lugo, Finance Manager Art Vega, Information Technology Manager Annie Alexander, Executive Assistant Mike Carreon, Facilities Maintenance Worker ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Affirmation of Officers for the Public Financing Corporation Director Hall made a motion, seconded by Director Hawkins, to affirm the individuals designated as President, Vice President, Secretary, Assistant Secretary, and Treasurer of the Yorba Linda Water District Public Financing Corporation in accordance with the Bylaws of the Corporation. Motion carried 5-0. Minutes of the YLWD Public Financing Corporation Regular Meeting Held December 12, 2017 6:30 p.m. 2 PFC-2017-XXX 4.2. Minutes of the Public Financing Corporation Special Meeting Held August 22, 2017 Director Hall made a motion, seconded by Director Hawkins, to approve the minutes as presented. Motion carried 5-0. 5. ADJOURNMENT 5.1. The meeting was adjourned at 7:00 p.m. Annie Alexander Board Secretary ITEM NO. 4.2 AGENDA REPORT Meeting Date: October 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Amending the Public Financing Corporation's Conflict of Interest Code STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. PFC-18-01 adopting a Conflict of Interest Code for the Public Financing Corporation which supersedes all prior Conflict of Interest Codes and amendments previously adopted. DISCUSSION: In compliance with Section 81000 et. seq. of the California Government Code, the Board of Directors of the Public Financing Corporation (PFC) has adopted a Conflict of Interest Code (Code) governing the disclosure of financial interests by certain designated employees. The Political Reform Act requires every local government agency to review its code on a biennial basis. Staff recently reviewed the PFC's Code and has identified a few minor revisions. The positions of Finance Manager (Treasurer) and General Manager (Secretary) were renamed to Finance Manager and General Manager respectively as the offices of Treasurer and Secretary are designated in accordance with the Public Financing Corporation's bylaws and are not part of the positions' titles. 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. PRIOR RELEVANT BOARD ACTION(S): The District's Conflict of Interest Code was last updated on December 8, 2016 by Resolution No. 16-22. ATTACHMENTS: Name:Description:Type: Resolution_No._PFC-18-01_-_PFC_COI.docx Resolution Resolution PFC_COI.pdf Exhibit Exhibit Resolution No. PFC-18-01 Adopting a Conflict of Interest Code 1 RESOLUTION NO. PFC-18-01 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 (Attachment A) and any amendments to it duly adopted by the Fair Political Resolution No. PFC-18-01 Adopting a Conflict of Interest Code 2 Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which members and employees 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. 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 9th day of October 2018 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President YLWD Public Financing Corporation ATTEST: Annie Alexander, Board Secretary YLWD Public Financing Corporation Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP ATTACHMENT A Resolution No. PFC-18-01 Adopting a Conflict of Interest Code 3 CONFLICT OF INTEREST CODE FOR 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 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 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). Upon receipt of the statements of Members of the Board of Directors, General Manager, Assistant General Manager, Finance Manager, and General Counsel, 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 these designated positions. Statements for all other designated positions will be retained by the Yorba Linda Water District Public Financing Corporation’s Filing Officer. Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water District Public Financing CorporationAgency: StatusFiles WithDisclosure CategoryPosition UnchangedAgencyOC-30Consultant UnchangedCOBOC-01General Counsel 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. § 18700.3 (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: UnchangedCOBFiles with Office of Treasurer is designated in accordance with the Public Financing Corporation's bylaws and is not part of the position's title. Reason: RenamedCOBFiles with Assistant General Manager Finance Manager Office of Secretary is designated in accordance with the Public Financing Corporation's bylaws and is not part of the position's title. Reason: RenamedCOBFiles withGeneral Manager UnchangedCOBFiles withMember of the Board of Directors 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: Tuesday, October 02 2018 04:41:46 PM Page 1 of 1 Disclosure Descriptions EXHIBIT B (Working Draft) StatusDisclosure DescriptionDisclosure Category Water Districts Yorba Linda Water District Public Financing Corporation Entity: Agency: Unchanged Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. 87200 Filer Unchanged 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-01 Unchanged 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 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. OC-30 Grand Total: 3 Run date/time: Tuesday, October 02 2018 04:41:46 PM Page 1 of 1 Conflict of Interest Code EXHIBIT A (Working Draft) Entity:Water Districts Yorba Linda Water District Public Financing CorporationAgency: Files WithDisclosure CategoryPosition AgencyOC-30Consultant COBOC-01General Counsel 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. § 18700.3 (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: COBFiles withAssistant General Manager COBFiles withFinance Manager COBFiles withGeneral Manager COBFiles withMember of the Board of Directors 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: Tuesday, October 02 2018 04:41:46 PM Page 1 of 1 Disclosure Descriptions EXHIBIT B (Working Draft) Disclosure DescriptionDisclosure Category Water Districts Yorba Linda Water District Public Financing Corporation Entity: Agency: Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. 87200 Filer 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-01 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 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. OC-30 Grand Total: 3 Run date/time: Tuesday, October 02 2018 04:41:46 PM Page 1 of 1