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T HERMANOS CONSERVATION AUTHORI JIM DE STEFANO
BOARD OF DIRECTORS MEET
JANUARY 24, 2000
AGENDA
1. CALL TO ORDER: 5:30 p.m., Conference Room uite 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, Alternate Chang, Alternate -Norton -Perry, Alternate Ex=
Officio Phillips, Ex -Officio Director Winn,
2. 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.
3. CONSENT CALENDAR:
3.1 MINUTES OF REGULAR MEETING OF DECEMBER 20, 1999
3.2 MINUTES OF SPECIAL CLOSED SESSION OF DECEMBER 20, 1999
Recommended Action: It is recommended that the Board of Directors
approve the Minutes as submitted.
4. PUBLIC HEARINGS: None.
5. OLD BUSINESS:
5.1 ADMINISTRATION OF OATHS OF OFFICE (Continued from December
20, 1999)
5.2 VERBAL REPORT UPDATING STEPS TAKEN FOLLOWING CLOSED
SESSION OF DECEMBER 20, 1999 DIRECTING NEGOTIATORS TO
DISCUSS THE ACQUISITION OF PROPERTY AND POSSIBLE
LITIGATION RELATED TO THE PROPERTY - Executive Director.
Recommended Action: It is recommended that the Board of Directors
direct staff as appropriate.
f
OCTOBER 20, 1999 PAGE 2 THCA
5.3 VERBAL REPORT ON DIAMOND BAR AND CHINO HILL'S APPROVAL
OF THE SUPPLEMENTAL AGREEMENT ADDING CITY OF INDUSTRY
AS EX -OFFICIO MEMBER — Executive Director
5.4 VERBAL REPORT UPDATING STATUS OF CONFLICT OF INTEREST
CODE ADOPTION -- Diamond Bar City Clerk
6. NEW BUSINESS:
6.1 RESOLUTION NO, 2000 -XX: A RESOLUTION OF THE TRES
HERMANOS CONSERVATION AUTHORITY ADOPTING RULES AND
REGULATIONS FOR ACQUISITION OF PROPERTY RIGHTS AND
DETERMINATIN OF RELOCATION RIGHTS OF OWNERS AND
TENANTS
Recommended Action: It is recommended that the Board of Directors
adopt Resolution No. 2000 -XX adopting rules and regulations for
acquisition of property rights and determination of relocation rights of
owners and tenants.
7. AUTHORITY MEMBER COMMENTS:
8. ADJOURNMENT:
` TRES HERMANOS CONSERVATION AUTHORITY
< BOARD OF DIRECTORS MEETING
DECEMBER 20, 1999 '
1. CALL TO ORDER: Chairman Huff called the Tres Hermanos Conservation
Authority Board of Directors meeting to order at 5:30 p.m. in Conference Room A, Suite
100, Diamond Bar City Hall, 21660 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: Director Thalman led The Pledge of Allegiance.
2.
3
rd
5
34
ROLL CALL: Director Herrera, Director Thalman, Chairman Huff.
Director Graham was absent.
Also present: Terrence Belanger, Executive Director; Michael
Montgomery, Legal Counsel
ADMINISTRATION OF OATHS OF OFFICE:
This matter was continued to the January 17, 2000 meeting.
PUBLIC COMMENTS: None.
CONSENT CALENDAR: D/Herrera moved, D/Thalman seconded, to approve the
Consent Calendar as presented. Motion carried.
4.1 a) MINUTES OF REGULAR MEETING OF AUGUST 9, 1999 - approved as
submitted.
b) MINUTES OF REGULAR MEETING OF OCTOBER 25, 1999 - approved
as submitted.
PUBLIC HEARINGS:
OLD BUSINESS:
None
6.1 Report by Authority Attorney regarding Conflict of Interest questions raised by Board
Members at their meeting of October 25, 1999.
LC/Montgomery explained that service on the Authority restricts contributions to
members as Council Members but only as to matters before the Authority. The
following restrictions do not apply to City Council votes:
If a license permit or contract, other than competitive bid, labor or employment is
pending, you can accept $250 and no more until 90 days after the decision is final and
you cannot steer it somewhere else, If you receive more than $250 from an applicant
within 12 months, you must disclose and vote. You can vote if you return the amount
over $250 within 30 days after the application is made. This includes contributions
to an election committee.
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
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 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 telephone 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 two signatures, one
from each member agency. Any expenditure or contract in excess of $50,000 shall
require a majority vote of the Board.
In response to D/Thalman, T/LaBelle explained that the Board approved a budget for
FY 98-99 in the amount of $1,000 from each City and a budget for FY 99-00 of
$5,000 from each City, for a total of $12,000. Although very little has been expended
at this time, there are a number of unknown expenses. He recommended that the
$2,000 from FY 98-99 and the $10,000 from FY 99-00 be carried over into this
year's budget. Finance will bring back the number for the liability insurance, workers'
compensation, etc. as well as other breakouts at the January 24, 2000 meeting.
Motion by D/Thalman, seconded by D/Herrera to approve establishment of a
checking account with the Bank of America. Motion carried unanimously.
7.2 RESOLUTION NO. 99-05: 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 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 approval of the City Councils of the Cities of
D.B. and Chino Hills.
.y
DECEMBER 20, 1999
PAGE 3 TRES HERMANOS CONS. AUTH.
D/Thalman moved, D/Herrera seconded, to adopt Resolution No. 99-05: 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 subject to the -approval of the City Councils of Chino Hills, Diamond Bar and
City of Industry. Motion carried unanimously.
8. CONSIDERATION OF URGENCY AGENDA ITEM:
CMBelanger stated that subsequent to preparation of the agenda, the Boy Scouts of America
took action to approve the sale of the Boy Scout Reservation. That matter, due to the nature
of the agency that was granted the sale, raises the issue of whether or not the Tres Hermanos
Conservation Authority would wish to meet in Closed Session to discuss the possibility of
directing negotiators to discuss the acquisition of property and possible litigation related to
the property.
D/Herrera moved, D/Thalman seconded, to add this matter to the agenda as New Business
Item 7.3. Motion carried.
ADJOURNED TO CLOSED SESSION: 5:50 p.m.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant
exposure to litigation pursuant to subdivision (b) of Section 549569: One case.
ADJOURNED CLOSED SESSION TO REGULAR MEETING: 6:40 p.m.
LC/Montgomery reported that during the Closed Session discussion, the Executive Director
reported on the rumored purchase of the Boy Scout property. The Authority instructed the
Executive Director to research this matter and come back to the Authority with any
parameters of concern the Authority might have.
9. AUTHORITY MEMBER COMMENTS: None
ADJOURNMENT: There being no further business to come before the Board, Chairman
Huff adjourned the meeting at 6:41 p.m.
TERRENCE BELANGER, Executive Director
ATTEST:
Chairman Huff
3.�
TRES HERMANOS CONSERVATION AUTHORITY
SPECIAL CLOSED SESSION
1. CALL TO ORDER: . Chair Huff called the Closed Session of the Tres
Hermanos Conservation Authority to order at 8:10 a.m. in Conference Room A,
Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100,
MEMBERS PRESENT: Ed Graham, Chino Hills; Carol Herrera, Diamond Bar;
James Thalman, Vice Chairman, Chino Hills and Bob Huff, Chairman, Diamond Bar
Also present: Terrence Belanger, Executive Director, Diamond Bar;
Doug LaBelle, Treasurer, Chino Hills and Michael Montgomery, General Counsel
2. GOVERNMENT CODE SECTION 54956.8: Commencement of Negotiations to
Acquire Real Property (Certain properties within the Firestone Boy Scout
Reservation
3. GOVERNMENT CODE SECTION 54956.9: Conference with Legal Counsel —
Anticipated Litigation (1 potential case)
LC/Montgomery announced that the Executive Director was directed to send a
letter to the L.A. Area Council, Boy Scouts of America indicating the Authority's
intent to conduct an appraisal of the property.
4. ADJOURNMENT: There being no further business to conduct, Chair/Huff
adjourned the meeting at 9:00 a.m.
ATTEST:
Chairman Huff
TERRENCE L. BELANGER
Executive Director
�.1
PRELDMNARY STEPS TO ACQUIRE PROPERTY THROUGH
THE EXERCISE OF EMINENT DOMAIN
A. Appraisal and Negotiation
1. Real property shall be appraised before initiation of negotiations. The owner is entitled to
accompany appraiser during inspection of property. The public entity shall be acquired by negotiation
of possible. [Government Code §7267.1]
2. Prior to initiating negotiations, the public entity shall establish an offer amount not less than the
appraisal, or owner's offering price if lower than the appraisal. [Government Code §7267.21
3. Adopt Department of Housing and Community Development Rules and Regulations.
[Government Code §7267.81
4. If the property is offered for sale by owner, or by a court-appointed entity, 1 through 3 may be
dispensed with [§7277]. Otherwise, a formal offer based upon 1 through 3, shall be made to owner,
prior to adopting a resolution of necessity (below).
B. Acquisition by Eminent Domain
1. Give each person or entity appearing as an owner on the last equalized county assessment roll
notice by first-class mail of the right to appear and contest public use and necessity. [Code of Civil
Procedure §1245.2351
2. After 15 days and a public hearing, a resolution of necessity may be adopted by a two thirds vote.
[Code of Civil Procedure §1245.240]
3. The Authority has six months after the adoption of its resolution to file its action. [Code of Civil
Procedure §1245.260]
4. At the time of or at any time after the filing of the complaint, upon deposit of its appraisal, the
public entity may take possession of the real property sought to be acquired. [Code of Civil Procedure
§ 1255.410] as short as three days' time is permitted. [Code of Civil Procedure § 1255.410(c)]
5. The right to take maybe specially set [code of Civil Procedure §1260.1101 Trials are usually held
in about a year after filing [Code of Civil Procedure §1263.120], and have priority [Code of Civil
Procedure §1260.010]
Collateral Issues
1. The Authority, as a joint -powers authority, has usual eminent domain powers [Code of Civil
Procedure § 123 5.190, "Public authority"; Code of Civil Procedure § 1240.140, "Joint acquisition';
Government Code §6502, "Joint exercise"]
2. A taking for road purposes is a public use. [223 Cal. App.2d 23; 53 Cal. App2d 633; 52 Cal.2d
299]
3. A taking for reservoir purposes is a public use. [Code of Civil Procedure § 1240, 1101, as is a
taking for irrigation purposes [21 Fed. Supp. 129; 69 Cal. App; 150]
4. The Authority may condemn for reservoir purposes outside of its territorial jurisdiction. [Code
of Civil Procedure §1240.125]
RESOLUTION NO. THCA 2000-01
A RESOLUTION OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING RULES
AND REGULATIONS FOR ACQUISITION OF PROPERTY RIGHTS
AND DETERMINATION OF RELOCATION RIGHTS
OF OWNERS AND TENANTS
WHEREAS, the Authority has the power to acquire real property to accomplish its purposes, and
WHEREAS, the Authority is required under Government Code §7267.8 to adopt rules and
regulations prescribing owners' and tenants' relocation rights,
NOW THEREFORE, be it resolved:
1. The Authority hereby adopts the State of California Department of Housing and
Community Development rules and regulations, as they may be amended from time to time, as its
guidelines.
2. The Secretary shall maintain a copy of the guidelines available for public inspections.
PASSED, APPROVED AND ADOPTED this day of
Chairman
2000.
I, _ TERRENCE L. BELANGER, Executive Director of the Tres Hermanos
Conservation Authority do hereby certify that the foregoing Resolution was passed, adopted and
approved at a regular meeting of the Board of Directors of the Tres Hermanos Conservation
Authority held on the day of , 2000, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAINED:
BOARD MEMBERS:
ATTEST:
Executive Director