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APFA 1992-1RESOLUTION NO. APFA9 2-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY FIXING TIME AND PLACE FOR THE REG~ MEETING AND PROVIDING THE MANNER IN WHICH SPECIAL MEETINGS OF THE AUTHORITY MAY BE CAI,I,ED, ESTABLISHING A SEAL FOR THE AUTHORITY, APPROVING A CONFLICT OF INTEREST CODE, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, DESIGNATING AN OFFICIAL MEETING ADDRESS, AND ESTABLISHING THE ORDER OF BUSINESS AND RUI,ES FOR ITS PROCEEDINGS WHEREAS, on January 28, 1992, the City of Anaheim (the "City") and the Anaheim Redevelopment Agency (the "Agency") adopted resolutions authorizing the formation of a joint powers authority under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California to be known as the "Anaheim Public Financing Authority" (the "Authority"), and the execution of a joint exercise powers agreement in connection therewith; and WHEREAS, the City and the Agency have executed said agreement and the Authority, being duly formed, now desires to take certain actions relative to its administration as set forth below. NOW, THEREFORE, BE IT RESOLVED DETERMINED AND ORDERED by the Board of Directors of the Anaheim Public Financing Authority, as follows: Section 1. Regular Meetings. The regular meetings of the Board of Directors of the Authority shall hereafter be held annually on the second Tuesday of July at the hour of 5:00 o'clock p.m. If any regular meeting falls on a holiday, such regular meeting shall be held on the next Tuesday which is a business day at the same hour. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held upon call of the Chairman of the Board of Directors, or by a majority of the members thereof, by delivering personally or by mail written notice to each member, and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail and shall be received at least twenty~four (24) hours before the time of such meeting as specified in the notice. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Secretary of the Authority a written waiver of notice. Such waiver may be given by t~l~gram. Such written notico may alto b~ dispensed with as to any member who is actually present at the meeting at the time it convenes. Such call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Section 3. Meeting Place. All meetings of the Board of Directors shall be held at the regular meeting place of the Authority, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said regular meeting place is hereby fixed and established at the City Council Chambers, 200 South Anaheim Boulevard, Anaheim, California. Section 4. Order of Business. The order of business at the regular meetings of the Board of Directors shall be as from time to time determined by the Board of Directors. Section 5. Rules of Proceedings. (a) Public Meetings: All legislative sessions of ~he Board of Directors, whether regular or special, shall be open to the public. (b) Quorum: Three (3) of the members of the Board of Directors shall constitute a quorum for the transaction of business. (c) Method of Action: The Board of Directors shall act only by ordinance, resolution or motion, which, to become effective, shall be adopted by the affirmative vote of not less than a majority of the members of the Board of Directors present and voting. (d) Recording Vote: Except where action shall be taken by unanimous vote of all members present and voting, the Ayes and Noes shall be taken on all actions had. (e) Adjournment: The Board of Directors may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjaurn from time to time. If all members are absent from any regular or adjourned regular meeting the Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as herein provided, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. (f) Hearings - Continuance: Any hearing being held, or noticed or ordered to be held, by the Board of Directors at any meeting may by order or notice of continuance, be continued or re-continued to any subsequent meeting of the Board of Directors in the same manner and to the same extent set forth for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order of notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 6. Contracts; Agreements. ,All contracts or agreements on behalf of the Authoritv shall be signed by the Chairman, Vice Chairman or Executive Director, and countersigned by the Secretary, after having been authorized to do so by action of the Board of Directors. Section 7. Seal. The Authority shall have an Official Seal consisting of two (2t concentric circles with the words "Anaheim Public Financing Authority" within the outer circle and "January 28, 1992", the date of formation of the Authority, within the inner circle. The Secretary shall obtain the Seal at the Authority's expense and shall have custody of the Seal. -2- Section 8. Conflict of Interest Code. In accordance with the requirements of the Political Reform Act of 1974, California Government Code section 8100 et seq., the Board hereby adopts the Conflict of Interest Code in the form attached hereby as Exhibit A and incorporated herein by this reference Section 9. Secretary of State. The Secretary shall cause a notice of the formation of the Authority to be duly filed with the Secretary of State of the State of California. Section 10. Office and Mailing Address. The office of the Authority and its official mailing address are hereby fixed and established at 200 South Anaheim Boulevard, Anaheim, California 92805. Section 11. Effective Date. This resolution shal! take effect immediately upon its adoption. The FOREGOING RESOLUTION was approved and adopted by the Anaheim Public Financing Authority this11 thday of February, 1992. by the following vote: ( nXIR N PUBLIC FINANCING AUTt~R!TY Attest: SECRETARY OF THE ANAHEIM PUBLIC FINANCING AUTHORITY -3- EXHIBIT A CONFLICT OF INTEREST CODE FOR THE ANAHEIM PUBLIC 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. Adm. Code Section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Code Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Schedules "A" and "B" in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Anaheim Public Financing Authority (the "Authority"). Pursuant to Section 4(A) of the standard code, designated employees shall file statements of economic interest with the Author~.ty. Pursuant to Government Code Section 82011(c), the Governing Board of the Anaheim Redevelopment Agency is the code reviewing body for the Authority. A-1 SCHEDULE A DESIGNATED EMPLOYEES AND POSITIONS The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on their financial interests. DESIGNATED POSITIONS Chairman of the Authority Executive Director of the AuthoriW Treasurer of the Authority Legal Advisor to the Authority Financial Advisor to the Authority Consultants DISCLOSURE CATEGORIES All Categories All Categories All Categories All Categories All Categories All Categories* * The Chairman of the Authority may determine in writing 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 disclose requirements described 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 requirements. The Chairperson's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. A-2 SCHEDULE B DISCLOSURE CATEGORIES Category 1. Persons in this category shall disclose ali business positions, investments in business entities and sources of income of the type that contract with the Authority. Category 2. Persons in this category shall disclose all interests in real property located within two miles of any real property owned or leased by the Authority. A-3