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HomeMy WebLinkAbout06/26/2006 - Special Mtg.TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING Special Meeting June 26, 2006 5:30 p.m. CHINO HILLS CITY HALL CITY MANAGER'S CONFERENCE ROOM 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA MEMBERS: GWENN NORTON -PERRY, CHAIRMAN, Chino Hills BOB ZIRBES, VICE-CHAIRMAN, Diamond Bar CAROL HERRERA, Diamond Bar CURT HAGMAN, Chino Hills STEVE TYE, ALTERNATE, Diamond Bar ED GRAHAM, ALTERNATE, Chino Hills DAVE PEREZ, EX -OFFICIO, City of Industry LINDA C. LOWRY, Diamond Bar DOUGLAS N. La BELLE, Chino Hills DEBORAH FOX, Legal Counsel 1. CALL TO ORDER: 5:30 p.m., City Manager's Conference Room, Chino Hills City Hall, 2001 Grand Ave., Chino Hills, CA PLEDGE OF ALLEGIANCE: Chairman Norton -Perry ROLL CALL: 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 August 5, 2005 — Approve as submitted. 3.2 Treasurer's Statements for the months of June 2005 through May 2006 — Receive and File. 4. PUBLIC HEARINGS: None. JUNE 26, 2006 PAGE 2 THCA 5. OLD BUSINESS: 5.1 Discussion of Proposed By -Law Amendments. Recommended Action: Direct Staff as necessary. 6. NEW BUSINESS: 6.1 Review and Adopt Tres Hermanos Conservation Authority Budgets for 2006/07 and 2007/08. Recommended Action: Review and Adopt. 7. AUTHORITY MEMBER COMMENTS: 8. ADJOURNMENT: Agenda No. 3.1 TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS SPECIAL MEETING MINUTES OF AUGUST 1, 2005 DRAFT 1. CALL TO ORDER: Chairman Norton -Perry called the Tres Hermanos Conservation Authority Board of Directors meeting to order at 5:30 p.m. in the Chino Hills City Hall Council Chambers, 2001 Grand Avenue, Chino Hills, CA, ROLL CALL: Gwenn Norton -Perry, Chairman (CH); Bob Zirbes, Vice Chairman (D.B.); Carol Herrera (D.B.); Curt Hagman Also present were: Linda C. Lowry (DB); James DeStefano (DB); Douglas N. LaBelle (CH); Deborah Fox, Legal Counsel. PLEDGE OF ALLEGIANCE: Member Herrera led the Pledge of Allegiance. 2, PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: 3.1 APPROVED MINUTES OF MARCH 21, 2005 — As presented. 3.2 RECEIVED AND FILED TREASURER'S STATEMENTS FROM 2004 TO MAY 2005. 4. DISCUSSION ITEMS: 4.1 Discussion with Lewis Operating Group — ULI Inland Empire and Majestic Realty regarding Development concepts with the THCA jurisdiction. Randall Lewis with Lewis Operating Group (LOP) stated that it was important to determine the goals and balance conflicting goals. LOP would attempt to poll the community and cities to determine the goals for the property. Clearly, one of the goals of the property would be to maintain some rural space and open space and that it would be up to each community to determine how much would be preserved. Also what some of the other goals and ways that the Cities could achieve their goals and whether the cities could make money from the project to help pay for schools, fire departments, parks, etc. i.e. what are some of the fiscal needs of the communities now and in the future and what could this do on the housing side. In Southern California the housing crisis is probably worse than ever, so the object would be to determine what was missing in the community and what the residents wanted in the community. He felt that some of it should be preserved as open space. With it being a nice area, the cities would want to have some high-end housing that would still preserve the open space and fulfill the needs of people who live in the two communities. His sense was with that the populations of both D.B. and Chino Hills there would be a lot of people who would want to move in the AUGUST 1, 2005 PAGE 2 THCA other directions. Some residents have lived in the community for 10-20 years and would like a change from a 3000 sq. ft. house to an active adult product. Lewis's approach is to determine how to build community in the context of what surrounds the area. In Chino for instance, Lewis built homes in the center of the communities, opted for homeowner's associations, opted toward diversity of product types and his guess was that the same would hold true for this location because the property was so large that it could encompass "something for everybody." On the commercial side both cities could use additional revenue and there would probably be some commercial opportunities for the area. 5. ACTION ITEMS: 5.1 Review and Approve a proposal for consulting services (RFP) for the Tres Hermanos Area. CM/LaBelle said that the reason for this step is that the Authority was formed back in 1999 and as Member Herrera said the purpose for it was to get the two cities together through the Joint Powers Authority (JPA) and jointly plan the future development of the area. While it is owned by the City of Industry's Urban Development Agency it is within the corporate boundaries of the two cities. So the purpose of the Authority was to promote the concept that if the two entities could get together through this mechanism and jointly plan the outcome it would make the process much more efficient for the two cities as well as, for the owner of the property. The land use in both communities is very similar and the Authority has been in abeyance for a number of years awaiting a variety of things to occur relative to the acquisition of various properties by the Industry RDA. A year ago the Authority took action to recommend to the respective City Councils that funds be appropriated for a "marketing study" essentially to go out and have a marketing firm look at various development opportunities given the constraints, marketplace and what are financially the most feasible alternatives. Obviously included in the process would be the property owner. Both City Councils independently appropriated $25,000 for the RFP that is before the Authority this evening for consideration. ACM/DeStefano will be the contact person for the consultants. Mr. Lewis asked if the Authority had attempted to define the relationship of the two cities. He pointed out that the Authority should try to plan what was best for the property and then solve some of the City issues and reach an agreement about what City would get which amenities and reach agreement on the project approvals process. For this type of property it would most likely accommodate life-style villages. These types of process details should be resolved early on to make the project approval process as smooth as possible. On the market side, it is very rare to find market consultants and developers of planning that know everything and it is AUGUST 1, 2005 PAGE 3 THCA difficult enough to know a lot about housing, or retail or office. He said he would give a lot of thought to the selection process and to leave money available for the consultant to bring in experts from out of their discipline. Certainly from the homebuilders perspective the Authority is not looking for a bunch of subdivisions but a great community and it is very rare to find companies that understand community building and how to craft it. When the cities do the RFP they should make sure they have the resources and can do the quality work. Chair/Norton-Perry asked Mr. Lewis if he had come across a situation similar to this situation with two communities working together to develop in the last bastion of land. Mr. Lewis responded that he had seen nothing like this. There is no place like this in Southern California with the exception of the end of the Irvine Ranch. Demand forecasting in this business is very complicated and imprecise. It is an A+A+ site. It is a pretty area on its own and the two Cities have such good reputations and those are attributes for retailers because the shopping dollars in this area are so strong. From a residential side to be this close to Pasadena and north Orange County and the San Gabriel Valley is a real plus. This is sort of the last great piece that anyone from Orange County and San Gabriel Valley would be willing to drive this far. He felt the consultants would also be very very surprised at the demand in Chino Hills and D.B. When they opened the preserve the first two-thirds of the buyers came from Chino Hills and Chino and were moving up, down and laterally and he felt that would be true of this area as well. Chair/Norton-Perry said the Authority wanted to get the upper hand on this opportunity knowing full well that Industry owned the property. She asked if there were any groups such as the ULI that might assist the Authority in providing resources (money and people) for top-notch planners and consultants. Mr. Lewis responded that probably no one would provide money. If the Authority found the Developer the Developer would find the money. A group like ULI is more likely to do what is known as a plan analysis. He said he was not sure the Authority would want someone from Cleveland for example, trying to figure out what was appropriate for this area of Southern California. $50,000 is a good start toward what the Authority is trying to do. Mr. Lewis stated that he was not sure whom the Authority would be going out to for assistance and the Authority would have to ask them about their capabilities. It might be something that the Consultant would contract out for. The other piece of the equation would be to get someone who really understood how to maximize the open -space. AUGUST 1, 2005 PAGE 4 THCA CM/LaBelle said that the Authority was patterned after a couple of cities that had gotten together on a similar basis to jointly plan an area, a portion of which was in one city and a portion in another. The intent was to come up with a better plan that would spread the benefits and costs proportionately so that both cities became winners in the planning process. One of the tasks outlined in the Scope of Work is to identify the best land use alternatives. Member Herrera said she would hate to see the Authority throw money out the window and would certainly want the landowner to be involved in the planning process. CM/LaBelle responded that getting the landowner's involvement through the RFP process was critical. Member Zirbes said that he has always believed that the two Cities needed to work together and discuss with each other what would be acceptable for this prime piece of property. Everyone involved knows that this would be a gold mine for both Cities but what is missing is the City of Industry. He felt that discussion of a $50,000 RFP sent the wrong signal that development is planned because the property owner has not indicated that they have any intention whatsoever other than letting the property remain in its current state and he felt the Authority should be talking about the processes that Mr. Lewis spoke about as to how to get the two Cities coordinated and how the Planning Commissions could work together so that as the Authority moved forward with the property into negotiations that would be the time to reach out for an RFP. Whether that is six months, six years or sixty years from now the marketplace will have changed but what is needed is for the property owner to be a willing participant and pay for the RFP. Member Zirbes said he felt the first step was for the Authority to lay out the basis before moving forward of what is acceptable and what is not acceptable and establish compatible processes for both planning commissions. Member Zirbes asked Mr. Lewis if he felt his position was a valid position for the Authority to not spend public dollars when the property owner had no intention of building. Mr. Lewis said it made sense for one important reason that Member Zirbes mentioned. Projects do not happen overnight and they do not happen all at once. If Industry said tomorrow that it wanted to develop the property it could not be developed in less than three years, more likely be five years. Whenever Industry gives the green light it is a 10-15 year project and whenever consultants are brought on board they do not want to be telling cities what should be done in 2009 but rather 2015 because the mid -point of the development would probably be 2015 and not 2010. He said he would be shocked if the project were to start before 2008 even if Industry was on board. Ten to 15 years from now it could be a very AUGUST 1. 2005 PAGE 5 THCA different world and he would challenge the Consultant not to be thinking in today's world. Following discussion It was agreed that working together to make this a joint operation no matter what comes down the pike and to agree upon the implementation process would be the first step. Members Herrera and Hagman spoke about getting the basics resolved and how the two Cities would work in tandem through the process. Member Zirbes said he would favor a different type of RFP that speaks to how the two Cities should work together if and when the City of Industry moves forward and the two cities could work together on such a proposal. 6. AUTHORITY MEMBER COMMENTS: None Offered. 7. ADJOURNMENT: There being no further business to conduct, Chairman Norton -Perry adjourned the meeting at 6:45 p.m. DOUGLAS N. LA BELLE, Authority Secretary ATTEST: GWEN NORTON -PERRY, Chairman Agenda No. 3.2 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT Date: June 26, 2006 To: Chairman and Members of the Tres Hermanos Conservation Authority From: Treasurer Subject: Receive and File — Treasurer's Reports for the Months of June 2005 through May 2006 Recommendation: That the Authority receives and files Treasurer's Reports for the months of June 2005 through May 2006. Backaround/Analvsis: Pursuant to the Tres Hermanos Conservation Authority By -Laws, the Treasurer must verify and report in writing, at least quarterly, the amount of money he holds for the Authority, the amount of receipts since the last report, and the amount paid out since the last report. Attached for your information are the Treasurer's Reports for the months of June 2005 through May 2006. Respectfully Submitted by: Linda Lowry, Treasurer Attachments TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT June 30, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Fund General Fund III. Certifications: Market Cost Value $ 63,630.56 $ 63,630.56 63,630.56 Beginning Cash Balance Cash Cash 06/01/05 Receipts Disbursements $ 64,622.56 $ (992.00) 63,630.56 Ending Cash Balance 06/30/05 $ 63,630.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending December 31, 2005. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT July 31, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Cash Fund 07/01/05 Receipts General Fund $ 63,630.56 $ III. Certifications: Market Cost Value $ 63,630.56 $ 63,630.56 63,630.56 63,630.56 Cash Disbursements Ending Cash Balance 07/31105 $ 63,630.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending January 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT August 31, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Fund General Fund III. Certifications: Beginning Cash Balance 08/01/05 $ 63,630.56 Cash Receipts Market Cost Value $ 63,630.56 $ 63,630.56 63,630.56 63,630.56 Cash Disbursements Ending Cash Balance 08/31/05 $ 63,630.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending February 28, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT September 30, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Cash Fund 09/01/05 Receipts General Fund $ 63,630.56 $ III. Certifications: Market Cost Value $ 63,630.56 $ 63,630.56 63,630.56 63,630.56 Cash Disbursements Ending Cash Balance 09/30/05 $ 63,630.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending March 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT October 31, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Fund 10/01/05 General Fund III. Certifications: $ 63,630.56 Cash Receipts Market Cost Value $ 63,170.56 $ 63,170.56 63,170.56 Cash Disbursements (460.00) 63,170.56 Ending Cash Balance 10/31/05 $ 63,170.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending April 30, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT November 30, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Fund 11/01/05 General Fund III. Certifications: $ 63,170.56 Cash Receipts Market Cost Value $ 63,170.56 $ 63,170.56 63,170.56 63,170.56 Cash Disbursements Ending Cash Balance 11/30/05 $ 63,170.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending May 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT December 31, 2005 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Fund 12/01/05 General Fund $ 63,170.56 III. Certifications: Cash Receipts Market Cost Value $ 63,170.56 $ 63,170.56 63,170.56 63,170.56 Cash Disbursements Ending Cash Balance 12131105 $ 63,170.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending June 30, 2006, Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT January 31, 2006 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Fund General Fund III. Certifications: Beginning Cash Balance Cash 01/01/06 Receipts $ 63,170.56 $ Market Cost Value $ 63,170.56 $ 63,170.56 63,170.56 63,170.56 Cash Disbursements Ending Cash Balance 01/31/06 $ 63,170.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending July 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT February 28, 2006 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Cost $ 63,170.56 63,170.56 Market Value $ 63,170.56 63,170.56 Beginning Ending Cash Balance Cash Cash Cash Balance Fund 02/01/06 Receipts Disbursements 02/28/06 General Fund $ 63,170.56 $ $ 63,170.56 III. Certifications: In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending August 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT March 31, 2006 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Cost $ 63,170.56 63,170.56 Market Value $ 63,170.56 63,170.56 Beginning Ending Cash Balance Cash Cash Cash Balance Fund 03/01/06 Receipts Disbursements 03/31/06 General Fund $ 63,170.56 $ $ 63,170.56 III. Certifications: In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending September 30, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT April 30, 2006 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority II. Cash Flow Transactions: Beginning Cash Balance Cash Fund 04/01/06 Receipts General Fund $ 63,170.56 $ Market Cost Value $ 63,170.56 $ 63,170.56 63,170.56 63,170.56 Cash Disbursements Ending Cash Balance 04/30/06 $ 63,170.56 III. Certifications: In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending October 31, 2006. Linda Lowry Treasurer TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT May 31, 2006 I. Funds Held by Authority: Cash Bank of America - Checking Total Funds Held by Authority IL Cash Flow Transactions: Fund General Fund III. Certifications: Cost Market Value $ 63,170.56 $ 63,170.56 63,170.56 63,170.56 Beginning Ending Cash Balance Cash Cash Cash Balance 05/01/06 Receipts Disbursements 05/31/06 $ 63,170.56 $ $ 63,170.56 In accordance with the California Government Code, the Treasurer certifies that the investments reported in the Treasurer's Report comply with the Authority's Investment Policy and that sufficient liquidity, as well as sufficient anticipated revenues, are available to meet the Authority's budgeted expenditure requirements for the six months ending November 30, 2006. Linda Lowry Treasurer Agenda No. 5.1 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT Date: June 26, 2006 To: Chairman and Members of the Tres Hermanos Conservation Authority From: Executive Director Subject: Discussion of Proposed By -Laws Amendments Recommendation: That the Authority, following discussion, provide staff with direction regarding the pro- posed by-laws amendments. Background/Analysis: At the February 25, 2004 meeting, amendments to the Authority's By -Laws were dis- cussed. Various issues such as having certain duties being permanently assigned to one or the other city, having the Executive Director and the Chairman being from the same city, and having a Deputy Executive Director were discussed. This item was to be brought back to the Authority once all concerns were adequately and legally addressed. However, this was never done. Although we have been operating under the revised by- laws, they have never been formally approved. Staff is requesting that this item once again be discussed and staff be given direction on how to proceed. Recommended by: Douglas N. La Belle, Executive Director Attachment Respectfully Submitted by: Linda Lowry, Secretary TRES HERMANOS CONSERVATION AUTHORITY BY-LAWS In accordance with Article I, Subsection (8) of the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement, the Board may adopt by-laws, rules and regulations for the conduct of its meetings or as are necessary for the purposes hereof. The following by-laws are hereby established pursuant to Article I, Subsection (8). ARTICLE 1. DEFINITIONS: A. ELECTED OFFICERS 1. The Board shall elect from among the Board members the following officers: a. Chairman. The Director elected by the Board to service as chief officer of the Authority. The Chairman shall preside over the Board and conduct all meetings of the Board. The Chairman shall execute all contracts, deeds, warrants, and other official documents on behalf of the Authority as authorized by the Board. b. Vice Chairman. The elected officer who in the absence or inability of the Chairman to act shall act in the Chairman's capacity. At no time shall the Chairman and Vice -Chairman be from the same Participating Agency. The Chairmanship shall rotate between Directors representing City of Chino Hills and the City of Diamond Bar. Those elected to the position of Chairman, and Vice Chairman, at the Initial Meeting shall serve until the Annual Meeting of odd -numbered years. The term to be served by the Chairman and Vice -Chairman shall be for two years. The Annual Meeting shall be held at the regular March meeting, of each year. Subsequent terns, Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 beginning July 1, for the Chairman and Vice Chairman shall run for two (2) years, with elections held at the Annual Meeting of odd -numbered years. B. APPOINTED OFFICERS. The Board shall appoint the following officers: 1. Executive Director. The City Manager of the City of Diamond Bar, shall serve as the Executive Director Managers 844 A415, 1 " and shall exercise the duties described in Article 5. 2. Deputy Executive Director. The City Manager of the City of Chino Hills shall serve as the Deputy Executive Director and, in the absence of the Executive Director, shall exercise the duties described in Article 5. 23. Secretary. The City Clerk of the City of Diamond Bar, or los her designee, shall idly serve as Secretary. The Secretary shall take and hold minutes of the meeting, attest to contracts and other documents, record documents as necessary, keep and maintain records, and perform such other and further administrative, documentation, and related functions. r3 4. Treasurer/Auditor. The Gity=Nfanager Finance Director of the City of Chino Hills or t her designee, shall serve as Treasurer. �. The person serving as Treasurer shall also perform the functions of auditor as required by Government Code Section of 6505.6. 45. General Counsel. The member of the California State Bar appointed by the Board shall serve as the legal advisor to the Authority. 2 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 C. VACANCIES. In the event of a vacancy of a Director, the vacancy on the Board shall be filled, by the affected Participating Agency. The affected Participating Agency may appoint an interim replacement Director until the new Director is seated. hi the event a vacancy, as referenced herein, is filled by the Alternate Board Member, the affected City Council shall appoint a permanent Alternate to complete the term of the Member. ARTICLE 2. POWERS OF THE BOARD OF DIRECTORS A. APPROVAL OF OPERATING BUDGET. At the first meeting following the Organizational Meeting and at the Annual Meeting, the Board shall review and approve a Two -Year Annual Operating Budget, for the period of July 1st of the first year through June 30`h of the second year. The Board may, from time to time, modify the Authority's budget. B. REVIEW FUND ACCOUNTINGS. The Board shall receive and review, at least quarterly, accountings of all funds received and disbursed pursuant to this Agreement C. POWER TO CONDUCT MEETINGS. The Board shall have the power to conduct on behalf of the Authority all business of the Authority including that assigned to the Executive Director. The Board may review, modify, and override all decisions and acts of the Executive Director. D. AUTHORITY PROCEDURES. The Board may after adoption, by resolution, of the By -Laws; and from time to time, thereafter, amend the bylaws for the Authority. The Board may establish, and may thereafter from time to time amend, such other policies, rules, regulations, and procedures to govern its operations as it deems Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res, 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 appropriate. The Board may adopt by reference the rules and regulations of any Participating Agency. E. AUTHORITY AUDIT. The Board shall arrange and provide for an annual audit of the accounts and records of the Authority by an Auditor. Copies of such audit shall be distributed to the Members within one hundred twenty (120) days following the close of the audit period. F. EMPLOYEES; CONTRACTORS. The Board shall have the power to authorize the employment of persons on a full time or part time basis, and to establish the terms and conditions of employment, as necessary to carry out the purposes of the Authority. The Board shall also have the authority to contract for professional, legal, administrative, technical, and other services to be provided to the Authority. G. EXECUTION OF CONTRACTS, DEEDS AND OTHER DOCUMENTS. Upon approval by the Board, all contracts, deeds, warrants and other official documents on behalf of the Authority shall be executed by the Chairman or the Executive Director, and attested to by the Secretary and approved as to form by the General Counsel. ARTICLE 3. MEETINGS OF THE BOARD OF DIRECTORS A. MEETINGS. The Board shall meet monthly; or, more frequently as the Board may determine. All meetings shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (Gov. Code §54950 et seq.). All meetings shall be held in the Offices of the City of the Chairman of the Tres Hermanos Conservation Authority, or such other place as the Board may determine. 4 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res, 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 B. SPECIAL MEETINGS. A special meeting may be called by the Chairman or by the vote of three (3) members of the Board. All such meetings shall be called, noticed, held and conducted in accordance with the Brown Act. C. OUORUM. A quorum of the Board shall consist of three (3) of the Members (or their alternates) (fifty percent (50%) plus one (1)). A vote by a majority of those present at a meeting shall be sufficient to constitute action by the Board, unless otherwise specified herein or in an applicable bylaw, rule, regulation, or procedure established by the Board. D. MINUTES. The Secretary of the Board shall cause minutes of regular, adjourned regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Member. E. MEETING AGENDA. An agenda of the meeting shall be prepared and posted pursuant to the Brown Act. F. CONDUCT OF MEETINGS. The Chairman, or in the absence of the Chairman the Vice -Chairman, shall conduct the meetings. Meeting shall be conducted in the spirit of "Robert's Rules of Order'; unless otherwise provided by any rule, regulation or bylaw of the Board. G. APPEAL OF DECISION OF ACTIONS. Any Member may appeal to the full Board any decision or action taken by the Executive Director, for a full discussion of the decision or action taken, by making a written request to the Executive Director that the Board review the decision or action taken. The decision or action shall be suspended pending such Board review. If time is of the essence in respect to the decision or action taken, the Chairman of the Board shall call for a Special Board meeting as soon as practical to conduct such review. 5 Tres Hermans JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 H. VOTE REQUIRED. 1. Unless otherwise provided for in these by-laws, rules, regulations, or procedures adopted by the Board, a majority vote of the Members present and voting shall be sufficient to approve Board actions. 2. Notwithstanding subsection 1 of this Section H, the following decisions shall require a Majority Vote: a. Adoption and thereafter any amendment of the budget. b. Proposing an amendment to the By -Laws. C. Approving any expenditure or contract in excess of $50,000. d. Approving any change in the assessment formula. C. Any other matter, which the Board determines, by resolution, should be included in this Section. ARTICLE 4. ASSESSMENTS. A. ANNUAL BUDGET. The Executive Director shall direct the preparation of an Authority's Operating Budget to be approved by the Board at the Annual Meeting. The approval of the Budget shall require a Concurrent Majority Vote. B. AUTHORITY TO ASSESS MEMBERS. To pay its necessary and proper expenses, the Authority may levy an assessment against its members. The assessment shall be sufficient to pay all expenses of the Authority, as set forth in the Budget, which will not be timely offset by other anticipated revenues of the Authority. C. TIME FOR PAYMENT. The Assessment shall be paid annually, or on such other frequency as the Board may determine. D. FORMULA FOR ASSESSMENT. The allocation of the Assessment to the Participating Agencies shall be on an equal basis between the member agencies. The Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 allocation formula may be modified to some other basis, such as land value, revenue generated, or other, by a Resolution approved by a Concurrent Majority Vote. ARTICLE 5 DUTIES OF ADMINISTRATIVE STAFF A. GENERAL DUTIES. The Executive Director shall have general authority to administer the Authority under the direction and control of the Board. The Executive Director shall have the authority to hire, manage, discipline, and terminate all employees for such positions as may be authorized by the Board, and administer all consulting and other contracts when approved by the Board. The Executive Director shall recommend the budget and annual assessments to the Board. The general duties shall include such other duties as specified in any bylaws, rules, regulations, or procedures adopted by the Board. The duties of the Executive Director may be delegated by the Executive Director to the Deputy Executive Director or subordinate employees or performed through contractual services. ARTICLE 6 APPOINTMENT OF TREASURER: FINANCES: DUTIES A. PURCHASING. The Treasurer shall recommend to the Board appropriate rules and regulations for the purchasing of supplies, services, and equipment, and shall thereafter undertake all such activity in accordance with the rules and regulations so adopted. B. FUNDS AND ACCOUNTS. The Treasurer of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by the Board. The Treasurer shall have the custody of and disburse the Authority's funds, and shall have the authority to delegate the signatory function of the Treasurer to such persons as authorized by the Board. Any 7 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 invoices over Five Hundred Dollars ($500) shall require approval by both jurisdictions prior to payment. C. BOND REQUIREMENT. A bond paid by the Authority, in the amount determined by the Board to be adequate, shall be required of all officers and personnel authorized to disburse funds of the Authority. D. DUTIES OF TREASURER. The Treasurer of the Authority shall assume the duties described in Government Code Section 6505.5 as it may from time to time be amended, including: Receive and receipt for all money of the Authority and place it in the treasury of the Treasurer to the credit of the Authority; 2. In accordance with law, manage the investment of all funds of the Authority, keeping sufficient liquidity to pay on time all obligations of the Authority; 3. Be responsible upon his or her official bond for the safekeeping and disbursement of all of Authority money so held by him or her; 4. Pay, when due, out of the money of the Authority so held by him or her, all sums payable on outstanding bonds and coupons of the Authority; 5. Pay any other sums due from the Authority from Authority money only upon warrants signed by the Authority officer of employee so authorized by this Agreement; 6. Recommend a budget to the Executive Director for submission to the Board for adoption as the Authority's budget; 8 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res, 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 7. Verify and report in writing monthly to the Authority the amount of money he or she holds for the Authority, the amount of receipts since the last report, and the amount paid out since the last report; and 8. To report in writing to the Authority and the Board, within one hundred twenty (120) days following the close of the Fiscal Year on all financial activities for the Fiscal Year just ended. ARTICLE 7 INDEMNIFICATION AND INSURANCE A. INSURANCE. 1. The Authority shall obtain necessary bonding, fiduciary liability, officers and Director's liability insurance, and other insurance coverage on a pooled basis as deemed necessary by the Board for all Members, officers, and employees. Such coverage shall be an administrative expense. 2. The Authority shall procure and maintain, from the Effective date, comprehensive liability insurance in the minimum amount of Five Million Dollars ($5,000,000) combined single limit per occurrence and annual aggregate. Each of the Authority's Members shall be named as an additional insured on all Authority insurance policies. Alternatively, the Authority may self -insure. The Authority shall, if necessary or required, procure and maintain worker's compensation insurance as required by law. B. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker's compensation, and other benefits; which apply to the activity of officers, agents, or employees of any Member when performing their respective functions within the territorial limits of the Member, shall apply to them to the same 9 Tres Hermans JPA By -Laws 5/17/99 Revised 8/9/99 Res, 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 degree and extent while engaged in the performance of any of their functions and duties extraterritorially hereunder. 10 Tres Hermans JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 Agenda No. 6.1 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT Date: June 26, 2006 To: Chairman and Members of the Tres Hermanos Conservation Authority From: Executive Director Subject: Review and Action — Fiscal Year 2006/07 and Fiscal Year 2007/08 Au- thority Budget Recommendation: That the Authority, following review and discussion, (1) adopt a budget for Fiscal Year 2006/06 and Fiscal Year 2007/08 subject to funding by Member Agencies, and (2) direct staff to request funding from the Member Agencies. Backciround/Analysis: The Tres Hermanos Conservation Authority By-laws provide for Board review and ap- proval of a two-year annual operating budget. The Board has previously adopted budg- ets and authorized staff to request funding from its member agencies. The Treasurer has requested funding from both the City of Chino Hills and the City of Diamond Bar in accor- dance with previously adopted budgets to cover Authority expenditures. The proposed two-year budget for Fiscal Year 2006/07 and Fiscal Year 2007/08 requires an annual contribution of $5,000 from each Member City to cover the basic administrative expenses of the Authority including items such as Legal Counsel, insurance, and audit services. In addition, $30,000 has been budgeted for a feasibility study that would help determine the best use for the land in the area. Recommended by: Respectfully Submitted by: Douglas N. LaBelle, Executive Director Attachments C z'f Linda Lowry, Secr6tgry TRES HERMANOS CONSERVATION AUTHORITY TWO-YEAR OPERATING BUDGET FISCAL YEARS 2006/07 & 2007/08 REVENUES ANTICIPATED FUND BALANCE, JUNE 30, 2006 63,600 OTHER REVENUE CONTRIBUTION FROM CHINO HILLS 10,000 CONTRIBUTION FROM DIAMOND BAR 10,000 TOTAL SOURCES 83,600 EXPENDITURES SERVICES AND SUPPLIES SUPPLIES - GENERAL CONTRACT SERVICES LEGAL FEES LEGAL NOTICES ACCOUNTING/AUDIT FEES MEETINGS INSURANCE CONTINGENCIES 300 40,000 10,000 1,000 2,500 1,200 2,500 1,000 TOTAL USES 58,500 ANTICIPATED FUND BALANCE RESERVE, JUNE 30 2008 25,100