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HomeMy WebLinkAbout04/20/2009 - Agenda - Regular MeetingTRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING April 20, 2009 5:30 p.m. DIAMOND BAR CITY HALL CONFERENCE ROOM B 21825 COPLEY DR. DIAMOND BAR, CALIFORNIA A G E N D A MEMBERS: STEVE TYE, CHAIRMAN, Diamond Bar PETER ROGERS Chino Hills CAROL HERRERA, Diamond Bar GWENN NORTON-PERRY, Chino Hills WEN CHANG, ALTERNATE, Diamond Bar DAVE PEREZ, EX-OFFICIO, City of Industry JAMES DESTEFANO, EXECUTIVE DIRECTOR, Diamond Bar MICHAEL S. FLEAGER, DEPUTY EXECUTIVE DIR., Chino Hills 1. CALL TO ORDER 5:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENTS: At this time, members of the public may address the Authority regarding any items within the subject matter jurisdiction of the Authority provided NO action or discussion may be taken on any item not appearing on the agenda, except the Authority may BRIEFLY respond to statements made or questions posed. Comments are limited to five minutes per speaker. 3. CONSENT CALENDAR: 3.1 Approval of Minutes September, 2008 – Approve as submitted. 3.2 Treasurer’s Statements from August, 2008 to February, 2009 – Receive and File. 4. OLD BUSINESS: None. 5. NEW BUSINESS 5.1 Confirmation of Appointments: (a) Chino Hill Council Members Peter Rogers, and Gwenn Norton- Perry as Delegates to the Tres Hermanos Conservation Authority. March 21, 2005 PAGE 2 THCA (b) Diamond Bar Council Members Steve, Tye and Carol Herrera as Delegates; and Council Member Wen Chang as the alternate to the Tres Hermanos Conservation Authority. 5.2 (a) Selection of Chair and Vice-Chair for terms commencing July 1, 2009 and ending June 30, 2011. Recommended Action: Select Chair and Vice Chair. (b) Rotation of Executive Director for the term commencing July 1, 2009 and ending June 30, 2011. 6. AUTHORITY MEMBER COMMENTS: 7. ADJOURNMENT: Agenda No. 3.1 TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING MINUTES OF SEPTEMBER 15, 2008 1. CALL TO ORDER: Chairman Tye called the Tres Hermanos Conservation Authority Board of Directors meeting to order at 5:30 p.m. in the Diamond Bar City Hall Conference Room B, 21825 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Chairman Tye led the Pledge of Allegiance. ROLL CALL: Steve Tye, Chairman (DB), Peter Rogers, (CH); Wen Chang, (DB). Also Present: Jim DeStefano, Executive Director, (DB Douglas LaBelle, Deputy Executive Director (CH); Vacant, Authority Attorney. Absent: Vacant, Vice-Chairman (CH); Gwenn Norton- Perry, (CH); Carol Herrera, Alternate, (DB); Dave Perez, Ex-Officio (CI). ELECTION OF OFFICERS: Chair/Tye nominated Peter Rogers to serve as Vice Chairman. By unanimous vote, Peter Rogers was elected to serve as Vice Chairman of the Tres Hermanos Conservation Authority. 2, PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: VC/Rogers moved, AM/Chang seconded, to approve the Consent Calendar as presented. Without objection, the motion was so ordered. 3.1 APPROVED MINUTES OF March 19, 2007 – As presented. 3.2 RECEIVED AND FILED CHECK REGISTER – July 1, 2006 through March 31, 2008. 3.3 RECEIVED AND FILED TREASURER’S REPORTS for the months of February 2007 through July 2008. 3.4 RECEIVED AND FILED INDEPENDENT AUDITOR’S REPORTS for Fiscal Year Ending June 30, 2007. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None SEPTEMBER 15, 2008 PAGE 2 THCA 6. NEW BUSINESS: 6.1 ADOPT FISCAL YEAR 2008/09 AND FISCAL YEAR 2009/10 AUTHORITY BUDGET. ED/DeStefano presented staff’s report and recommended adoption. ED/DeStefano responded to VC/Rogers that the recent history has tended to be more proactive. The Authority wants to engage the property owner (City of Industry) because they are significant in the discussions, but the properties are located within the two cities (Chino Hills and Diamond Bar) jurisdictions with the two cities land use controls and authorities. It was thought that the Authority would be more proactive in attempting to plan the future use of the acreage as opposed to be reactive to a plan that might be submitted by the landowner with the hope that the property owner would participate. And going back almost two years, the idea was to put together a request for proposal (RFP) and to solicit it among land use planning firms and hire someone who would help us to begin to master-plan the property. Master planning the property with an environmental document is probably a $700,000 endeavor so the $50,000 is “seed” money for what amounts to a sketched concept of what a master plan or component of a master plan might incorporate. VC/Rogers asked if this type of plan would typically be paid for by the cities or by the entity that would eventually develop the property. ED/DeStefano explained that the revenue could come either from participating cities, the property owner or all three entities. It is the same consideration whether it is privately held land or from the two fringe cities. He said he would suggest that the City of Industry resources be utilized because they would directly benefit from the land uses. In prior discussions with the City of Industry officials, they indicated a willingness to financially participate. The proposed budget cost is a typical budget for a property of this scale. In response to VC/Rogers, ED/DeStefano stated that in the past Industry has talked about water but not to any great detail. It has a lot to do with the ongoing litigation with the City of Brea for the lower portion of the property as well as, the Tonner Canyon portion of the City of Industry holdings. The cities have talked about ways for the property to serve as economic development engines for the city. For example, Chino Hills talked about the potential of relocating the Boys Republic to a site that would suit the Boys Republic needs which opens an opportunity for Chino Hills along the freeway. D.B. talked about a similar concept wherein the golf course could potentially be relocated opening up the current golf course property for D.B. to pursue. Both cities have talked about seeing it SEPTEMBER 15, 2008 PAGE 3 THCA as an extension of the existing residential areas of the cities. Both cities saw Grand Avenue as a potential commercial opportunity – probably more Neighborhood-commercially oriented. The City of Industry’s pattern most recently has been not to sell land but rather to lease the land which would start to diminish residential opportunities unless it were for rental purpose (apartments, etc.) and therefore might lead to a more office/commercial type of base which D.B. has considered, particularly in the vicinity of Diamond Ranch High School. Both cities General Plans put the property into what amounts to a “holding zone”. Chino Hills has it designated as “residential” with one unit per five acres and D.B. has it zoned as one unit per five acres but then the General Plan talks to a slightly broader palate but really says it needs to be studied as a specific plan development. Neither city has a specific land use plan in mind. AM/Chang said that he spoke with Dave Perez a couple of years ago about the lake and it seemed to him that they were very interested in going in that direction. ED/DeStefano responded that when the City of Industry adds their holdings in Tonner Canyon they have about 6000 acres. The Tres Hermanos property is about 1800 acres in total. AM/Chang said that when one speaks about 6000 acres it is the biggest project in southern California. It is a rather volatile situation because the City of Industry has not indicated what they want to do with the property. VC/Rogers asked if there was any way of taking money from the reservoir. ED/DeStefano said he did not recall anyone discussing that as an option and did not recall that staff had ever looked into that possibility. His feeling was that there was not much in it for the cities because it would create a separate utility water entity and to some extent possibly usurp the Authority and cities’ authority as a local public agency. ED/DeStefano responded to Chair/Tye that although the City of Industry was invited to participate as a full member of this body a couple of years ago, they chose not to because they felt it was not appropriate to do so at that time. VC/Rogers moved, C/Chang seconded, to adopt Fiscal Year 2008/09 and Fiscal Year 2009/10 Authority Budget. Without objection, the motion was so ordered. 6.2 DISCUSSION REGARDING THCA ATTORNEY SERVICES. ED/DeStefano stated that in late 2006 early 2007 the law firm disbanded. Shortly thereafter the Board met and began discussions about a new legal services provider. In March 2007 the Board talked about initiating an RFP SEPTEMBER 15, 2008 PAGE 4 THCA to seek legal services through via a law firm and in the interim, use an attorney through a firm with which both cities were familiar, Dick Turzian. Shortly after the March 19, 2007 meeting ED/DeStefano and DED/LaBelle unilaterally reached the conclusion that seeking a law firm for what little work would be needed by THCA would not serve either party and that the Authority should hold off until it had more work. Therefore, staff’s recommendation would be to continue as is until the Authority reaches a point at which it feels it would need to enter into a formal contract with Mr. Turzian or someone else. C/Chang moved, VC/Rogers seconded, to continue with the status-quo with respect to THCA Attorney Services. Without objection, the motion was so ordered. 7. AUTHORITY MEMBER COMMENTS: None Offered. 8. ADJOURNMENT: There being no further business to conduct, Chairman Tye adjourned the meeting at 6:00 p.m. _____________________________________ JAMES DESTEFANO, Executive Director ATTEST: STEVE TYE, Chairman Agenda No. 5.2( a & b) TRES HERMANOS CONVERSATION AUTHORITY MEMORANDUM Date: April 15, 2009 To: Tres Hermanos Conservation Authority Chairman and Members From: James DeStefano, Executive Director SUBJECT: Appointment of Chair, Vice-Chair and Executive Director Pursuant to the Tres Hermanos Conservation Authority By-Laws, Article 1, Section A3 Elected Officials establishes that in odd numbered years the Board shall elect from among their Board Members the Chairman and Vice-Chairman for a term of 2 years beginning July 1 to June 30th. Furthermore, that at no time the Chairman and Vice-Chairman is from the same participating Agency. Additionally, pursuant to Article 1, B1, Appointed Officers the Executive Director position rotate from one participating agency to the other in odd numbered years. Therefore, it is staff’s recommendation that the Board elects a new Chairman and Vice-Chairman and that Chino Hills City Manager, Michael Fleager be appointed Executive Director with terms to commence on July 1, 2009.