HomeMy WebLinkAbout12/20/1999'fie 11�ke_�aYIO
TRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS MEETING �,ECEI �dirlET
DECEMBER 20, 1999 -
AGENDA
1. CALL TO ORDER: 5:30 p.m., Conference Room A, Suite 100,
Diamond Bar City Hall, 21660 E. Copley Drive, Diamond Bar, CA
PLEDGE OF ALLEGIANCE: Chairman Huff
ROLL CALL: Director Herrera, Director Graham, Director
Thalman, Chairman Huff
2. ADMINISTRATION OF OATHS OF OFFICE
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on
each regular meeting agenda to provide an opportunity for members of the public
to directly address the Authority on Consent Calendar items or matters of interest
to the public that are not already scheduled for consideration on this agenda.
Although the Authority values your comments, pursuant to the Brown Act, the
Authority generally cannot take any action on items not listed on the posted
agenda. There is a five minute maximum time limit when addressing the
Authority.
4. CONSENT CALENDAR:
4.1 a) MINUTES OF REGULAR MEETING OF AUGUST 9, 1999
5
0
b) MINUTES OF REGULAR MEETING OF OCTOBER 25, 1999
Recommended Action: It is recommended that the Board of Directors
approve the Minutes as submitted.
PUBLIC HEARINGS: None.
OLD BUSINESS:
6.1 Report by Authority Attorney regarding Conflict of Interest questions raised
by Board Members at their meeting of October 25, 1999.
7. NEW BUSINESS:
7.1 Establishment of Authority Checking Account and Designation of
Authorized Signatories for Disbursement of Authority Funds — The Tres
Hermanos Conservation Authority by-laws provide for establishment of
necessary funds and accounts for the safekeeping and disbursement of
Authority funds. The recommended action will authorize the Treasurer to
establish a checking account with Bank of America earning "compensating
balance amounts" to help offset bank service charges. Upon receipt of
OCTOBER 20, 1999 PAGE 2
THCA
funds from both the Cities of Chino Hills and Diamond Bar, the Treasurer
will establish the account in the name of the Tres Hermanos Conservation
authority with the address and phone number of the current Treasurer.
Further, the requested action also designates the Executive Director and
Treasurer as the authorized signatories for disbursement of Authority
funds. In accordance with the by-laws, any disbursement over $250 shall
require two signatures, one from each member agency. Any expenditure
or contract in excess of $50,000 shall require a majority vote of the Board.
Recommended Action: It is recommended that the Board of Directors 1)
authorize establishment of an authority checking account with the Bank of
America and 2) designate the Executive Director and the Treasurer, or
their designees, as the authorized signatories for disbursement of
Authority funds, specifically delegating authority to sign Authority invoices
and checks.
7.2 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE BOARD OF THE
TRES HERMANOS CONSERVATION AUTHORITY APPROVING
SUPPLEMENTAL AGREEMENT NO. 1 TO THE TRES HERMANOS
CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS
AGREEMENT TO ADD A REPRESENTATIVE OF THE CITY OF
INDUSTRY AS AN EX -OFFICIO MEMBER- On October 25, 1999, the
Authority adopted Resolution No. 99-2 extending an invitation to the City
of Industry to participate as an Ex -officio Member of the Authority.
Industry is the majority property owner of the undeveloped area commonly
known as the Tres Hermanos Ranch, which is located within the
incorporated boundaries of the City of D.B. and the City of Chino Hills. On
November 17, 1999, Industry accepted the invitation to participate. A
supplemental agreement to the THCA Joint Exercise of Powers
Agreement is necessary in order to add the City of Industry as an ex -
officio member and by specifying that said ex -officio member is a non-
voting member. Pursuant to the Joint Exercise of Powers Law (G.C.
Section 6500, et. seq.), and Article Vl, Subsections (5) and (9) of the Joint
Exercise of Powers Agreement relating to amendments, the Agreement
may be amended by a supplemental agreement executed by all of the
parties to the Agreement. The Supplemental Agreement will require
approval of the City Councils of the City of D.B. and Chino Hills.
Recommended Action: It is recommended that the Board of Directors
adopt Resolution No. 99 -XX: A Resolution of the Tres Hermanos
Conservation Authority approving Supplemental Agreement No. 1 to the
Tres Hermanos Conservation Authority Joint Exercise of Powers
Agreement to add a Representative of the City of Industry as an Ex -officio
Member.
OCTOBER 20, 1999 PAGE 3
8. AUTHORITY MEMBER COMMENTS:
ADJOURNMENT:
THCA
D
TRES HERMANOS CONSERVATION AUTHORITY R4
REGULAR MEETING Ar
Monday, August 9, 1999
9:00 a.m.
'City of Diamond Bar
Conference Room A
21660 E. Copley Drive, Suite #100
Diamond Bar, .CA 91765
Chair Huff called the Regular Meeting of the Tres Hermanos Conservation Authority to order at
9:00 a.m.
MEMBERS PRESENT:
James Thalman, Chino Hills
Carol Herrera, Diamond Bar
Bob Huff, Diamond Bar
Gwen Perry was not present.
Also Present: Terrence Belanger, City Manager, Diamond Bar
James DeStefano, Deputy City Manager, Diamond Bar
Douglas LaBelle, City Manager, Chino Hills
PUBLIC COMMENTS: None
AUTHORITY BUSINESS:
A. Approval of Minutes - Regular Meeting of May 17, 1999.
MOTION: It was moved and seconded that the minutes of the Regular Meeting of
May 17, 1999 be approved as presented. Without objection, the motion was so
ordered.
B. Consideration of Authority General Counsel.
Attorney Michael Montgomery presented his business credentials and responded
to member's questions.
The Authority recessed to closed session.
The Authority reconvened.
Motion by Member Thalman, seconded by Member Herrera, to appoint Michael
AUGUST 9, 1999 PAGE 2
Montgomery as General Counsel of the Tres Hermanos Conservation Authority.
Without objection, the motion was so ordered.
D. Adoption of Authority Draft By -Laws.
CM/Belanger presented Resolution No. 99-01, a Resolution of the Board of
Directors of the Tres Hermanos Conservation Authority approving the Tres
Hermanos Authority By -Laws.
Member Thalman moved, Member Herrera seconded, to adopt Resolution No. 99-
01 as amended. Without objection, the motion was so ordered.
C. Discussion of Tres Hermanos Authority Work Program.
CM/LaBelle suggested that the Authority schedule a brainstorming session for its
next meeting to discuss information available regarding the property and what
might be proposed for a work program and invite the owner of the property to
give feedback.
CM/Belanger stated that the City does not have specific zoning in that area.
However, it does have a requirement that any planning that is done on the
property be a Specific Plan. No projects can be approved unless a Specific Plan is
in place for the property. The area is designated as Specific Plan/Agricultural.
The Authority concurred to schedule a brainstorming workshop on Monday,
September 13, 1999 at 5:30 p.m. in the City Hall Conference Room, 21660 E.
Copley Drive, Suite 100.
AUTHORITY MEMBER COMMENTS:
City of Chino Hills None
City of Diamond Bar None
ADJOURNMENT:
There being no further business to conduct, Chair Huff adjourned the meeting at 10:06
a.m. to Monday, September 13, 1999 at 5:30 p.m. in the City Hall Conference Room,
21660 E. Copley Drive, Suite 100.
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TRES HERMANOS CONSERVATION AUTHORITY
SPECIAL MEETING
Monday, October 25, 1999
7:30 a.m.
Diamond Bar City Hall
Conference Room A
21660 E. Copley Drive, Suite #100
Diamond Bar, CA 91765
1. CALL TO ORDER: Chair Huff called the Meeting of the Tres
Hermanos Conservation Authority to order at 7:35 a.m. in Conference Room A,
Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100.
3.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Authority
Member Thalman.
MEMBERS PRESENT: Ed Graham, Chino Hills
James Thalman, Chino Hills
Carol Herrera, Diamond Bar
Bob Huff, Diamond Bar
Also present: James DeStefano, Deputy City Manager, Diamond
Bar
Michael Montgomery, General Counsel
PUBLIC COMMENTS:
CONSENT CALENDAR: AM/Thalman moved, AM/Herrera seconded, to
approve the Consent Calendar as submitted. Without objection, the motion carried.
3.1 APPROVED MINUTES OF REGULAR MEETING OF SEPTEMBER 13, 1999
- As submitted.
3.2 ADOPTED RESOLUTION NO. 99-2: A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY
INVITING THE CITY OF INDUSTRY TO PARTICIPATE AS AN EX -
OFFICIO.
Gary Neeley, 100043 Rosecrans, Bellflower, stated that he has a
relationship with the City of Industry and it has been his experience that if
you treat them like a partner they treat you like a partner. He believed it
would be a good idea for the Authority to invite them to join. Including them
OCTOBER 25, 1999
PAGE 2 TRES HERMANOS CONS. AUTH.
as ex -officio members may not be the appropriate way to go about it.
Without the City of Industry's participation, this body can do all of the
planning it wants but without their involvement, nothing will get done unless
Industry they want it to get done. He recommended that the Authority invite
the County of Los Angeles to be a full partner.
AMIThalman responded that the Authority had many . conversations
regarding who would be asked to join and inviting the City of Industry and
Los Angeles County was proposed.
Mr. Neeley believed the climate had changed and that because of
Chair/Huffs relationship with the new mayor of the City of Industry, it may be
an appropriate time to invite them to participate.
Chair/Huff stated that, although the Boy Scout property is within the City's
sphere of influence, L.A. is a player and D.B. does not have as much
jurisdiction over that portion; whereas the County of San Bernardino has no
jurisdiction.
AM/Graham asked Gary Neeley who he represents and why he was present
at this meeting.
Mr. Neeley responded that, as a private citizen, he has been involved in Tres
Hermanos project discussions for 15 years. He was not representing the
City of Industry or the City of D. B..
3.3 ADOPTED RESOLUTION NO. 99-3: A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY
REQUESTING GRANTS AND ASSISTANCE FROM THE STATE WATER
RESOURCES CONTROL BOARD IN THE EVENT THAT THE VOTERS
APPROVE THE PROVISIONS OF AB1584 AT THE NEXT GENERAL
ELECTION - If approved by the electorate, AB1584 will make available to
local government grants and other assistance for safe drinking water, clean
water, water conservation and flood protection purposes.
4. PUBLIC HEARINGS:
4.1 RESOLUTION 99-4: A RESOLUTION OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING THE AUTHORITY'S CONFLICT
OF INTEREST CODE FOR DESIGNATED AUTHORITY PERSONNEL -
Pursuant to the provisions of Government Code Sections 87300 et. Seq., all
agencies are required to adopt conflict of interest codes designating certain
positions participating in making decisions which may affect financial
interest.
OCTOBER 25, 1999
PAGE 3 TRES HERMANOS CONS. AUTH.
In response to Chair/Huff, GC/Montgomery provided clarification of
contributions with respect to elected versus appointed members.
Chair/Huff opened the Public Hearing.
There being no one present who wished to speak on this item, Chair/Huff
closed the Public Hearing.
In response to AMIThalman, Mr. DeStefano explained that the Public
Hearing notice had been published in accordance with State law.
GC/Montgomery stated that he would add Board Director and Alternate
Board Director within the list of positions.
Motion by AM/Graham, seconded by AM[Thaiman, to adopt Resolution 99-4,
A Resolution of the Tres Hermanos Conservation Authority adopting the
Authority's Conflict of Interest Code for designated Authority Personnel as
amended by the General Counsel. Without objection, the motion carried.
5. OLD BUSINESS; None
6. NEW BUSINESS: GC/Montgomery presented a draft copy of the required
public notice regarding the Authority's regular meetings. In addition, a posting
notice is required. Mr. Montgomery requested that the posting matter be placed on
the agenda as an urgency measure.
Motion by Chair/Huff, seconded by AMIThalman, to place this matter on the agenda
as an urgency item. Without objection, the motion carried.
Following discussion, AM/Graham moved, AMIThalman seconded, to adopt the
required publication notice regarding the Authority's regular meetings with notices
to be posted on the bulletin boards of the Cities of Diamond Bar and Chino Hills.
7. AUTHORITY MEMBER COMMENTS:
AM/Graham reported that the Chino Valley School District intends to approach the
City of Industry to request to purchase a portion of land from them for building a K-
12 facility.
Mr. Neeley asked the Authority to consider requesting the Wildlife Corridor
Conservation Authority for $10 million from L.A. County.
OCTOBER 25, 1999
PAGE 4 TRES HERMANOS CONS. AUTH.
8. ADJOURNMENT: There being no further business to conduct, Chair/Huff
adjourned the meeting at 8:30 a.m. to 5:30 p.m. Monday, November 15, 1999 in
Conference Room A, Diamond Bar City Hall, 21660 E. Copley Dr., Suite 100,
Diamond Bar, CA.
ATTEST:
Chairman
TERRENCE L. BELANGER
Executive Director
J,I
TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
Date: December 20, 1999
To: Chairman and Members of the Tres Hermanos Conservation Authority
From: Executive Director
Subject: Establishment of Authority Checking Account and Designation of Authorized
Signatories for Disbursement of Authority Funds
Recommendation:
That the Authority (1) authorize establishment of an Authority checking account with Bank of
America, and (2) designate the Executive Director and the Treasurer, or their designees, as the
authorized signatories for disbursement of Authority funds, specifically delegating authority to
sign Authority invoices and checks.
Background/Analysis:
The Tres Hermans Conservation Authority by-laws provide for the establishment of necessary
funds and accounts for the safekeeping and disbursement of Authority funds. The Board
previously adopted a Fiscal Year 98/99 and Fiscal Year 99/00 budget and authorized staff to
request funding from its member agencies. The Treasurer is currently in the process of requesting
funding of $6,000.00 each from both the City of Chino Hills and the City of Diamond Bar in
accordance with the adopted budget.
The current action will authorize the Treasurer to establish a checking account with Bank of
America earning "compensating balance amounts" to help offset bank service charges. Upon
receipt of funds from the City of Chino Hills and the City of Diamond Bar, the Treasurer will
establish the account in the name of the Tres Hermanos Conservation Authority with the address
and phone number of the current Treasurer.
The current action also designates the Executive Director and Treasurer as the authorized
signatories for disbursement of Authority funds. In accordance with the by-laws, any
disbursement over $250.00 shall require two signatures, one from each member agency. Any
expenditure or contract in excess of $50,000.00 shall require a majority vote of the Board.
Recommended by:
Terrence C. Belanger, Executive D r ctor
KCS12209901
Submitted by:
N. LaBelle, Treasurer
TRES HERMANOS CONSERVATION AUTHORITY
AGENDA REPORT
AGENDA NO. `7, 2,
DATE: December 16, 1999
TO: Chairman and Boardmembers
FROM: Terrence L. Belanger, Executive Director
SUBJECT: RESOLUTION NO. 99 -XX "A RESOLUTION OF THE' BOARD OF THE TRES
HERMANOS CONSERVATION AUTHORITY APPROVING SUPPLEMENTAL
AGREEMENT NO. i TO THE TRES HERMANOS CONSERVATION AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT TO ADD A REPRESENTATIVE OF
THE CITY OF INDUSTRY AS AN EX -OFFICIO MEMBER."
On October 25, 1999 the Tres Hermanos Conservation Authority (THCA) adopted Resolution No. 99-2
extending an invitation to the City of Industry (Industry) to participate as an Ex -officio Member of Authority.
The City of Industry is the majority property owner of the undeveloped area commonly known as the Tres
Hermanos Ranch which is located within the incorporated boundaries of the City of Diamond Bar and the City
of Chino Hills. On November 17, 1999 the City of Industry accepted the invitation to participate. A
supplemental agreement to the THCA Joint Exercise of Powers Agreement is necessary in order to add the City
of Industry as an ex -officio member and by specifying that said ex -officio member is a non-voting member.
Pursuant to the Joint Exercise of Powers Law (Government Code' Section 6500 et sec ), and Article VI,
Subsections (5) and (9) of the Joint Exercise of Powers Agreement relating to amendments, the Agreement may
be amended, by a supplemental agreement executed by all of the parties to the Agreement. The Supplemental
Agreement will require the approval of the City Council of the City of Diamond Bar and the City Council of
the City of Chino Hills. This Resolution is being brought before the Authority Board for consideration and
adoption.
RECOMMENDATION:
It is recommended that the Board approve Resolution No. 99- XX — A Resolution of the Board of the Tres
Hermanos Conservation Authority Approving Supplemental Agreement No. 1 to The Tres Hermanos
Conservation Joint Exercise of Powers Agreement to Add a Representative of the City of Industry as an Ex -
officio Member."
Attachments:
A: Draft THCA Resolution No. 99 -XX
B: Letter from the City of Industry dated November 17, 1999
C: THCA Joint Exercise of Powers Agreement
RESOLUTION NO. 99 -XX
"A RESOLUTION OF THE BOARD OF THE
TRES HERMANOS CONSERVATION AUTHORITY
APPROVING SUPPLEMENTAL AGREEMENT NO. I TO THE
TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS
AGREEMENT TO ADD A REPRESENTATIVE OF THE CITY OF
INDUSTRY AS AN EX -OFFICIO MEMBER."
WHEREAS, the Authority was formed for the purpose of planning and coordinating
development of the Tres Hermanos Ranch to be compatible with the land uses of the
communities of Chino Hills and Diamond Bar, and
WHEREAS, the Industry Urban Development Agency, a body politic and corporate, is the
majority owner of the Tres Hermans Ranch property, and
WHEREAS, the Authority wishes to have the consultation and participation of the City of
Industry in its process, and
WHEREAS, the Authority has extended an invitation to the City of Industry to participate as an
ex -officio member, and
WHEREAS, the City of Industry has accepted the invitation to serve as an ex -officio member.
NOW THEREFORE, be it resolved:
That the Authority hereby approves Supplemental Agreement No. l (Exhibit "A")
to the Joint Exercise of Powers Agreement to add a representative of the City of
Industry as an ex -officio member of the Authority;
2. The Clerk of the Authority is directed to forward a copy of this resolution to the
City Councils of the City of Diamond Bar and the City of Chino Hills.
PASSED, APPROVED AND ADOPTED this day of _ , 1999
[y:G\IRLVA M z
Exhibit "A"
TRES HERMANOS CONSERVATION AUTHORITY
SUPPLEMENTAL AGREEMENT NO.1
Article I, Section (3) is hereby amended to add:
"(d) Ex -officio Member. A member of the City Council of the City of Industry shall
serve as an Ex -officio, non-voting, member of the Authority.
CITY OF INDUSTRY
P.O. Box 3366. City of industry. California 91734-0366 • (676) 333-2211
OFFICE OF THE MAYOR
November 17, 1999
Bob Huff, Chairman
Tres Hermanos Conservation Authority
c/o City of Diamond Bar
21660 E. Copley Drive
Suite 100
Diamond Bar, California 91765
RE: Confirmation of Acceptance to Participate as an Ex -officio Member
Dear Mr. Huff,
The purpose of this letter is to notify you that the City of industry accepts your
invitation to participate as an ex -officio member in the Tres Hermans
Conservation Authority. I want to thank you for extending this invitation to the
City of Industry and I am looking forward to seeing you at the meetings.
Sincerely,
/av
inn
Mayor
DW/mdg
JOINT EXERCISE OF POWERS AGREEMENT
TRES HERMANOS. CONSERVATION AUTHORITY
This Joint Exercise of Powers -Agreement (the "Agreement"), dated for reference _
January 19, 1999 , is by and among the cities of Chino Hills, California; and
Diamond Bar, California (collectively, the "Cities"). Each of the Cities is a municipal
corporation duly organized and existing under the Constitution and laws of the State of
California. The address of the principal business office of the individual Cities is a
follows: City of Chino Hills, 2001 Grand Avenue, Chino Hills, California; City of
Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar.
This Agreement is made pursuant to the Joint Exercise of Powers L.—A, (Articles 1
through 4 {commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the
California Government Code, as now or hereafter amended, hereinafter the "Act").
PREAMBLE
WHEREAS, there exists a large undeveloped area of real property commonly
known as the Tres Hermanos Ranch ("the Ranch"), the majority of which is owned by the
City of Industry's Urban Development Agency, and which is located within the
incorporated boundaries of the City of Diamond Bar and the City of Chino Hills; and
WHEREAS, the Ranch may serve as an important environmental, scientific,
educational and recreational resource as well as an integral traffic/land use component of
the sub -region for which future land use and transportation decisions require careful and
comprehensive planning to best serve future generations and public interests of all these
jurisdictions; and
WHEREAS, each of the Cities has determined that there is a need to develop a
systematic process for coordination of the planning and development of the Ranch; and
WHEREAS, each of the Cities has determined that the creation and use by the
Cities of a single entity to plan and coordinate the future development of the Ranch will
allow for rational, regional land use planning, transportation planning, impact mitigation
planning, environmental conservation, as well as enable the Cities to realize significant
cost savings and administrative efficiencies.
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the Cities agree as follows:
ARTICLE I
PURPOSE AND ADMINISTRATION
(1) Purpose. the purpose of this Agreement is to create a public entity to
coordinate the overall development and conservation of the Ranch, by preparing .studies,
plans, environmental reviews and similar information and by making recommendations
to its members to take such actions, including but not limited to acquisition and eminent
domain, as are necessary to implement its recommendations.
(2) Creation of Authority. Pursuant to the Act, there is hereby created a public
entity to be known as the Tres Hermanos Conservation Authority (the "Authority"). The
Authority shall be a public entity separate and apart from each of the Cities, and shall
administer this Agreement.
(3) Board.
(a) Created. The Authority shall be administered by a Board of Directors
(the "Board"). The Board shall be called the "Board of Directors of the Tres Hermans
Conservation Authority." All voting power of the Authority shall reside in the Board,
(b) Directors. The City Council of each of the Cities shall appoint two
Directors and one alternate to the Board. Each City Director and alternate shall be a
member of the City Council of the party hereto which appoints such Director and
alternate and a vacancy shall be declared if any Director or alternate shall cease service
on the appointing legislative body.
(d) Compensation; Expenses. Directors and alternates shall receive
reasonable compensation for each meeting of the Board attended. The amount of said
compensation shall be determined by the Board of Directors from time to time but shall
not exceed an amount that is usual and customary. Each Director and alternate may be
reimbursed for his or her necessary expenses including travel incurred in connection with
his or her services as Director, pursuant to resolution of the Board.
(4) Meetings of the Board.
(a) Regular Meetings. Regular meetings of the Board shall be held at
p.m. on the ( rd) of every month or at such other time as the
Board may fix by resolution from time to time, and if any day so fixed shall fall upon a
legal holiday, then, upon the next succeeding business day at the same hour. No notice of
any regular meeting of the Board need be given to the Directors.
(b) Special Meetings. Special meetings of the Board may be called in
accordance with the provisions of Section 54956 of the California Government Code.
(c) Call, Notice and Conduct of Meetings. All meetings of the Board,
including without limitation, regular, adjourned regular and special meetings, shall be
called, noticed, held and conducted in. accordance with the provisions of Sections 54950
et seq. of the California Government Code.
(5) Minutes. The Secretary (as defined in Article II, Paragraph (3) hereof) shall
cause to be kept minutes of the meetings of the -Board, and shall, as soon as possible after
each meeting, cause a copy of the minutes to be forwarded to each Director and to each
of the Cities.
(6) Voting. Each Director and each alternate shall have one vote. Said vote can
only be exercised by the Director or alternate in attendance at the meeting and no
alternate may vote if the Director for whom that alternate was appointed is in attendance
at the time the vote is to be cast. In no event shall any City have more than two votes.
(7) Quorum; Required Votes; Approvals. A majority of the Board shall
constitute a quorum for the transaction of business, except that less than a quorum may
adjourn meetings of the Board.
(8) By-laws. The Board may adopt by-laws, rules and regulations for the conduct
of its meetings or as are necessary for the purposes hereof.
(9) Fiscal Year. The fiscal year of the Authority shall be from July I of one year
to June 30 of the following year, or any other twelve-month period hereafter designated
by the Directors.
(10) Personnel. The Board shall be responsible for the regulation of all personnel
activities, including but not limited to the selection, recruitment, discipline, and discharge
of any Authority staff. The Board may designate an Executive Director or another person
to exercise the authority of the Board to perform any or all of the duties of this Section
(10) and to take such action as is necessary and appropriate with regard to those duties.
ARTICLE. II
OFFICERS AND EMPLOYEES
(1) Chair. The Authority shall have a Chair who shall be a Director and who
shall be selected as Chair by the Board and whom shall perform the duties normal to said
office. The Chair may sign contracts on behalf of the Authority, and shall perform such
other duties as may be imposed by the Board.
(2) Vice -Chair. The Authority shall have a Vice -Chair who shall be a Director
and who shall be selected as Vice -Chair by the Board. In the absence of the Chair the
Vice -Chair shall perform the duties of the Chair and shall perform all duties normal to
such office.
(3) Secretary. The Authority shall have a Secretary who shall be selected by the
Board and shall perform all duties normal to such office.
(4) Treasurer and Auditor,- Pursuant to Sections 6505.5 and 6505.6 of the Act.
the Board shall appoint a Treasurer, or in the alternative, a certified public accountant to
serve as the treasurer/auditor of the. Authority. The Treasurer/Auditor shall be the
depositary, shall have custody of all of the accounts, funds and money of the Authority
from whatever source, shall have the duties and obligations.set forth in Sections 6505 and
6505.5 of the Act and shall assure strict accountability of all funds and reporting of all
receipts and disbursements of the Authority. As provided in Section 6505 and Section
6505.6 of the Act, the Treasurer/Auditor shall make arrangements with a certified public
accountant or firm of certified public accountants for an annual independent audit of
accounts and records of the Authority.
(5) Executive Director. The Board may appoint an Executive Director by a
majority vote of the whole Board and may delegate authority to the Executive Director to
execute contracts approved by the Board and to perform any duties necessary and
appropriate for the day-to-day management and operation of the Authority.
(6) Officers in Charge of Records, Funds and Accounts. Pursuant to Section
6505.1 of the Act, the Treasurer/Auditor shall have charge of, handle and have access to
all accounts, funds and money of the Authority and all records of the Authority relating
thereto; and the Secretary shall have charge of, -handle and have access to all other
records of the Authority.
(7) Bonding Persons Having Access to Public Capital Improvements. From time
to time, the Board may designate persons, in addition to the Secretary and the
Treasurer/Auditor, having charge of, handling or having access to any records, funds or
accounts and may designate the respective amounts of the official bonds of the Secretary
and the Treasurer/Auditor and such other persons pursuant to Section 6505.1 of the Act.
(8) General Counsel. The Board may appoint a General Counsel of the Authority
who shall provide legal advice and perform such other duties as may be prescribed by the
Board.
(9) Other Employees. The Board shall have the power to appoint and employ
such other employees, consultants and independent contractors as may be necessary to
accomplish the purposes of this Agreement.
(10) Assistant Officers. The Board may appoint such assistants to act in the place
of the Secretary or other officers of the Authority (other than any Director) as the Board
shall from time to time deem appropriate.
(11) Removal and Reappointment. Unless otherwise expressly stated herein, all
employees of the Authority shall serve at the pleasure of the Board.
ARTICLE III
POWERS
(1) General Powers. The -Authority shall exercise in the manner herein provided
the powers common to each of the Cities and necessary or appropriate. to the
accomplishment of the purposes of this Agreement, namely, to facilitate the planning and
regional coordination of development of the Ranch and to make recommendations to the
Cities relative to implementation of plans and studies.
(2) Specific Powers. The Authority is hereby authorized, in its own name, to do
all acts necessary for the exercise of the foregoing powers, including but not limited to,
any or all of the following:
(a) to make and enter into contracts;
(b) to acquire land by way of gift, devise, purchase, exchange,
exaction or eminent domain;
(c) to employ agents or employees;
(d) to accept donations of funds and services from member Cities and
others;
(e) to apply for, accept, receive and disburse grants, loans and other
aid from any agency of the United States of America, the State of
California, or of the County of Los Angeles;
(f) to sue and be sued;
(g) to invest any money in the treasury pursuant to Section 6505.5 of
the Act that is not required for the immediate necessities of the
Authority, as the Board determines is advisable, in the same
manner and upon the same conditions as local agencies, pursuant
to Section 53601 of the California Government Code;
(h) to carry out and enforce all the provisions of this Agreement;
(i) to exercise any and all other powers as may be provided in the Act.
(3) Obligations of Authority. The debts, liabilities and obligations of the
Authority shall not be the debts, liabilities and obligations of any or all of the Cities.
ARTICLE IV
CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS
(1) Contributions. Each of the Cities may in the appropriate circumstance
when required hereunder: (a) make contributions from their treasuries for the purposes
set forth herein, (b) make payments of public funds to defray the cost of such purposes,
(c) make advances of public funds for such purposes, such advances to be repaid as
provided herein, or (d) use its personnel, equipment or property in lieu of other
contributions or advances. The provisions of Section 6513 0£ the California Government
Code are hereby incorporated into this Agreement.
(2) Accounts and Reports.. The Treasurer/Auditor shall establish and maintain
such funds and accounts as may he required by any applicable laws or regulations and
good accounting practice. The boobs and records of the Authority in the hands of the
Treasurer/Auditor shall be open to inspection at all reasonable times by representatives of
the Cities. The Treasurer/Auditor, within 120 days after the close of each fiscal year.
shall give a complete written report of all financial activities for such fiscal year to the
Cities.
(3) Funds. Subject to the applicable provisions of any instrument or
agreement into which the Authority may enter, which may provide for a trustee to
receive, have custody of and disburse Authority funds, the Treasurer/Auditor of the
Authority shall receive, have the custody of and disburse Authority funds in accordance
with generally accepted accounting practices, shall approve demands against the
Authority pursuant to Government Code Section 6505.5(e), and shall make the
disbursements required by this Agreement or necessary to carry out any of the provisions
or purposes of this Agreement.
(4) Annual Budget and Administrative Expenses. The Board shall adopt a
budget for administrative expenses, which shall include all expenses not included in any
financing issue of the Authority, prior to the commencement of each fiscal year.
ARTICLE V
TERM; DISPOSITION OF ASSETS
(1) - Term. This Agreement shall continue in full force and effect so long as
two or more member Cities remain parties to this Agreement.
(2) Disposition of Assets. Upon the winding up and dissolution of the
Authority, after paying or adequately providing for the debts and obligations of the
Authority, the remaining assets of the Authority shall be distributed to the parties to the
Agreement. If for any reason the parties to the Agreement are unable or unwilling to
accept the assets of the Authority, said assets will be distributed to the State of California
or any local government for public purposes.
(3) Withdrawal. Any party may withdraw from its status as a party to this
Agreement at the end of any given fiscal year provided that at such time said party has
either discharged, or arranged for, to the satisfaction of the remaining members of the
Board, the discharge of any pending obligation it has assumed hereunder, and further
provided that written notice of intention to so withdraw has been served upon the Board
and the City Clerk of each party hereto no later than April 300` preceding the end of the
fiscal year.
(4) Continuation. The inclusion of additional parties to this Agreement or the
withdrawal of some, but not all, of the parties to this Agreement shall not be deemed a
dissolution of the Authority nor a termination of this Agreement. The Authority shall
continue to exist and this Agreerhent shall continue in full force and effect so long as
there shall be at least two parties to this Agreement.
ARTICLE VI
GENERAL PROVISIONS
(1) Notices. Any notices required by or given pursuant to this Agreement
shall be in writing and shall be delivered to the City Clerk of each of the Cities at the
address of the principal business offices of the respective Cities listed in the introduction
of this Agreement or at such other address as any City may specify in writing to the
Authority.
(2) Governing Law. This Agreement shall be deemed to have been made and
shall be construed and interpreted in accordance with the laws of the State of California.
(3) Headings. The articles and paragraph headings contained in this
Agreement are for the convenience of reference only and are not intended to define, limit
or describe the scope of any provision of this Agreement.
(4) Consent. Whenever any consent or approval is required by this
Agreement, such consent or approval shall not be unreasonably withheld.
(5) Amendments. This Agreement may be amended at any time, or from time
to time by one or more supplemental agreements executed by all of the parties to this
Agreement either as required to carry out any of the provisions of this Agreement or for
any other purpose.
(6) Enforcement By Authority. The Authority is hereby authorized to tape
any or all legal or equitable actions, including but not limited to injunction and specific
performance, necessary or permitted by law to enforce this Agreement.
(7) Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of
the State of California, or otherwise be rendered unenforceable or ineffectual, the validity
of the remaining parts, terms, or provisions of this Agreement shall not be affected
thereby.
(8) Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the Cities, respectively. None of the Cities may assign any
right or obligation hereunder without the written consent of the other Cities.
(9) New Parties, Upon approval by the Board and by their governing bodies,
additional Cities or public agencies may become parties to this Agreement.
(10) Execution in Courrterparts. This Agreement may be executed on behalf of
the respective Cities in one or more counterparts all of which collectively shall constitute
one document and agreement.
(11) Effective Date. This Agreement shall take . effect upon its execution on
behalf of the last of the Cities to do so.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized and their official
seals to be hereto affixed, on the day and year set opposite the name of each of the
parties.
CITY OF CHINO HILLS
GAR` /G. LARSON, MAYOR
ATTEST:
LINDA D. RUTH, CITY CLERK
CITY OF DIAMOND BAR
„Q
WEN CHANG, MAYOR
i
ATTEST:
LYNDA BURGESS, CITY CLERK