Upper Santa Ana River Watershed Infrastructure Financing Authority
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UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY SPECIAL NOTICE REGARDING CORONAVIRUS DISEASE 2019 (COVID-19) AND PARTICIPATION IN PUBLIC MEETINGS On March 4, 2020, Governor Newsom declared a State of Emergency resulting from the threat of COVID-19. Governor Newsom issued Executive Order N-25-20 (3-12-20) and Executive Order N-29-20 (3-17-20) which temporarily suspend portions of the Brown Act relative to conducting public meetings. Accordingly, it has been determined that there will be no public access to the meeting venue. MEETING OF THE UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY WEDNESDAY, JULY 21, 2021 – 8:30 A.M. PUBLIC PARTICIPATION Public participation is welcome and encouraged. You may participate in the July 21, 2021, meeting of the Upper Santa Ana River Watershed Financing Authority online and by telephone as follows: Dial-in Info: (877) 853 5247 US Toll-free Meeting ID: 818 8828 6875 PASSCODE: 3802020 https://sbvmwd.zoom.us/j/81888286875 If you are unable to participate online or by telephone, you may also submit your comments and questions in writing for consideration by sending them to [email protected] with the subject line “Public Comment Item #” (insert the agenda item number relevant to your comment) or “Public Comment Non-Agenda Item”. Submit your written comments by 6:00 p.m. on Tuesday, July 20, 2021. All public comments will be provided to the Executive Director and may be read into the record or compiled as part of the record. IMPORTANT PRIVACY NOTE: Participation in the meeting via the Zoom app is strongly encouraged. Online participants MUST log in with a Zoom account. The Zoom app is a free download. Please keep in mind: (1) This is a public meeting; as such, the virtual meeting information is published on the World Wide Web and available to everyone. (2) Should you participate remotely via telephone, your telephone number will be your “identifier” during the meeting and available to all meeting participants; there is no way to protect your privacy if you elect to call in to the meeting. UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY 380 East Vanderbilt Way, San Bernardino, CA 92408 AGENDA 8:30 AM Wednesday, July 21, 2021 CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 1) PUBLIC COMMENT Any person may address the Board on matters that are not on the agenda but of relevance to the Authority. The Board may not act on items not on the agenda. 2) FORMATION ACTION ITEMS 2.1 Joint Exercise of Powers Agreement by and among San Bernardino Valley Municipal Water District, San Bernardino Valley Water Conservation District, Yucaipa Valley Water District, and the Other Parties Set Forth in Exhibit A Creating the Upper Santa Ana River Watershed Infrastructure Financing Authority (Page 3) Joint Powers Agreement to create USAR WIFA 2.2 Authorize the Executive Director to file the notice of a joint powers agreement with the California Secretary of State (Page 22) Staff Memo - Authorize the Executive Director to file the notice of a joint powers agreement with the California Secretary of State Notice of a Joint Powers Agreement - USAR WIFA 2.3 Report by Executive Director and Confirmation of Officers 2.4 Selection of Vice Chair of the Authority 2.5 Preparation of Conflict of Interest Code(Page 26) Staff Memo - Preparation of Conflict of Interest Code 2.6 Preparation of Debt Management Policy(Page 27) Staff Memo - Preparation of Debt Management Policy 2.7 Preparation of Investment Policy(Page 28) 1 Staff Memo - Preparation of Investment Policy 2.8 Preparation of Disclosure Policy(Page 29) Staff Memo - Preparation of Disclosure Policy 2.9 Engagement of Financial Advisory Services (Page 30) Staff Memo - Engagement of Financial Advisory Services 2.10 Engagement of Bond Counsel (Page 31) Staff Memo - Engagement of Bond Counsel 2.11 Engagement of General Counsel (Page 33) Staff Memo - Engagement of General Counsel 3) DISCUSSION AND POSSIBLE ACTION ITEMS 3.1 Approve the submission of a Letter of Interest to the United States Environmental Protection Agency with Respect to a WIFIA Loan (Page 34) Staff Memo - Approve the submission of a Letter of Interest to the United States Environmental Protection Agency with Respect to a WIFIA Loan Watershed Connect Program Description and Map Watershed Connect Phase 1 Graphic Watershed Connect Letters of Support 4) ANNOUNCEMENTS 4.1 List of Announcements 072121 (Page 41) Announcements 5) ADJOURNMENT PLEASE NOTE: Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 380 E. Vanderbilt Way, San Bernardino, during normal business hours. Also, such documents are available on the District’s website at www.sbvmwd.com subject to staff’s ability to post the documents before the meeting. The District recognizes its obligation to provide equal access to those individuals with disabilities. Please contact Melissa Zoba at (909) 387-9228 two working days prior to the meeting with any special requests for reasonable accommodation. 2 _________________________________________________________________________________ JOINT EXERCISE OF POWERS AGREEMENT by and among SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, YUCAIPA VALLEY WATER DISTRICT, and THE OTHER PARTIES SET FORTH IN EXHIBIT A creating the UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY July 20, 2021 _________________________________________________________________________________ 4845-6031-7422v12/200315-0002 3 JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated July 20, 2021, by and among the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a municipal water district that is duly organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Municipal Water District”), the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, an independent special district that is organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Water Conservation District”), the YUCAIPA VALLEY WATER DISTRICT, a county water district that is organized and existing under and by virtue of the laws of the State of California (the “Yucaipa Valley Water District”), and the other parties set forth in Exhibit A as it may be revised from time to time, each a public agency that is organized and existing under and by virtue of the laws of the State of California (the “Additional Members”). DECLARATION OF PURPOSE A. Chapter 5 of Division 7 of Title 1 of the California Government Code, Government Code sections 6500 et seq., (the “Act”) authorizes the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members to create a joint exercise of powers entity which has the power to exercise any powers common to the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members and to exercise additional powers granted to it under the Act. This Agreement creates such an agency, which shall be known as the Upper Santa Ana River Watershed Infrastructure Financing Authority (the “Authority”) for the purposes and to exercise the powers described herein. B. The Members have determined to develop a means to facilitate the financing of the implementation of a coordinated regional water infrastructure program to provide a more reliable and affordable water supply to the Members and their respective rate payers, consisting of water-related capital improvement projects undertaken by the Members that are expected to benefit public agencies located within the vicinity of, or receiving water from, the Santa Ana River watershed (the “Upper Santa Ana River Watershed Infrastructure Program”). C. The Members, through the development and implementation of the Upper Santa Ana River Watershed Infrastructure Program (also known as Watershed Connect), aim to invest in projects to modernize aging infrastructure and to address issues facing the region and its Members, such as the impacts of climate change, drought and the need for cooperative water management to assure safe and reliable drinking water and environmental restoration. D. The Members are each authorized to plan for, design, construct, operate, maintain, repair and replace water-related facilities and to buy, sell, lease and use property and to incur indebtedness for public purposes pursuant to the California Water Code, the California Government Code and other laws of the State of California. E. The Members desire to use any and every power common to them and the other powers granted to the Authority pursuant to the Act for the purpose of financing the costs of the various projects comprising Upper Santa Ana River Watershed Infrastructure Program. 4845-6031-7422v12/200315-0002 4 F. Article 4 of the Act, Government Code sections 6584 et seq., (known as the “Marks- Roos Local Bond Pooling Act of 1985”) authorizes and empowers joint powers agencies like the Authority to issue bonds and to purchase bonds issued by, or to make loans to, the Members for financing public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the Authority. The Marks- Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so issued or purchased to public or private purchasers at public or negotiated sale. G. The Members desire to explore all financing options to fully implement the Upper Santa Ana River Watershed Infrastructure Program, including, but not limited to, entering into one or more loan agreements with the United States Environmental Protection Agency under its Water Infrastructure Finance and Innovation Act program and other funding options, including the use of the Marks Roos Local Bond Pooling Act of 1985. TERMS OF AGREEMENT Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings herein specified.