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HomeMy WebLinkAbout12/20/99 Minutes - Regular MeetingBOARD DIRECTORS 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. ROLL CALL: Director Herrera, Director Thalman, Chairman Huff. Director Graham was absent. Also present: Terrence Belanger, Executive Director; Michael Montgomery, Legal Counsel • 1 ' • i i t1 . This matter was continued to the January 17, 2000 meeting. 3. PUBLIC COMMENTS: None. 4. CONSENT CALENDAR: D/Herrera moved, DlThalman 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. 5. PUBLIC HEARINGS: None 6. OLD BUSINESS: 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. DECEMBER 20, 1999 7. NEW BUSINESS: PAGE 2 TRES HERMANOS CONS. AUTH. 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/Thahnan, 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 (GC. 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 DECEMBER 20, 1999 PAGE 3 TRES HERMANOS CONS. RUTH. Supplemental Agreement will require approval of the City Councils of the Cities of D.B. and Chino Hills. 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. 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 Hermans 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. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One case. 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. r TERRENCE BELANGER, Executive Director ATTEST: ;r .