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HomeMy WebLinkAbout2021.06.16 - THCA - Agenda - Regular MeetingCopies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk at Diamond Bar City Hall, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the Authority Secretary at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Tres Hermanos Conservation Authority requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a public meeting, must inform the Authority Secretary a minimum of 72 hours prior to the scheduled meeting . TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS REGULAR MEETING JUNE 16, 2021 AGENDA 6:00 p.m. CITY OF DIAMOND BAR 21810 COPLEY DR. DIAMOND BAR, CALIFORNIA Chair, Ray Marquez Vice-Chair, Cathy Marcucci Director, Nancy Lyons Director, Cory Moss Director, Peter Rogers Director, Newell Ruggles Director, Steve Tye Addressing the Authority: NOTICE OF TELEPHONIC MEETING: Pursuant to Section 3. of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the Tres Hermanos Conservation Authority shall be held telephonically. How to Observe the Meeting: Members of the public who wish to listen ONLY may join the meeting by calling the following conference call number: +1 (631) 992-3221 and entering the Access Code: 729-935-521. How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the Authority Clerk by email at cityclerk@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Authority Directors and read into the record at the meeting. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/3507148938556602380. Members of the public will be called upon one at a time during the Public Comment portion of the agenda, and will be asked to state their name and agenda item they wish to comment on. JUNE 16, 2021 PAGE 2 THCA Agenda 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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 res pond to statements made or questions posed. Comments are limited to five minutes per Speaker. 3. CONSENT CALENDAR: 3.1 Minutes of the April 21, 2021 Regular Meeting. Recommended Action: Approve the April 21, 2021 Regular Tres Hermanos Conservation Authority meeting minutes. 3.2 Warrants & Outgoing Wire Transfers / Payment Register Recommended Action: That the Authority receive and file the warrants and outgoing wire transfers for the month of March 2021 and the payment register for the month of April 2021. 3.3 Treasurer's Reports for the Months Ended March 31, 2021, and April 30, 2021. Recommended Action: That the Authority receive and file the Treasurer's Reports for the months ended March 31, 2021, and April 30, 2021. 3.4 Appoint Certified Public Accountants. Recommended Action: That the Authority appoint Lance, Soll & Lunghard, LLP, as the certified public accountants to provide financial auditing services. JUNE 16, 2021 PAGE 3 THCA Agenda 3.5 Records Retention Schedule Adoption. Recommended Action: Adopt Resolution No. THCA 2021-04 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A RECORDS RETENTION SCHEDULE, ADOPTING THE PROCESS FOR FUTURE UPDATES AND DESTRUCTION OF CERTAIN AUTHORITY RECORDS. 4. OLD BUSINESS: There is none. 5. NEW BUSINESS: 5.1 In-Person Meeting Format Preferences. Recommended Action: Discuss and provide direction on in-person meeting preferences. 5.2 Initial Discussion of Visioning Process. Recommended Action: Provide direction as deemed appropriate. 6. AUTHORITY DIRECTOR COMMENTS: 7. ADJOURNMENT: The next regular Tres Hermanos Conservation Authority meeting will be held on Wednesday, July 21, 2021 at 6:00 p.m. TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.1 3.1 Packet Pg. 4 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 3.1 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Minutes of the April 21, 2021 Regular Meeting. Recommendation: Approve the April 21, 2021 Regular Tres Hermanos Conservation Authority meeting minutes. Background/Analysis: Attached for Board review and approval are the minutes of the April 21, 2021 Tres Hermanos Conservation Authority meeting. Respectfully Submitted, Reviewed By, Attachments: 1. April 21, 2021 Tres Hermanos Conservation Authority Minutes 3.1 Packet Pg. 5 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES DIAMOND BAR, CALIFORNIA APRIL 21, 2021 PAGE 1 CALL TO ORDER The Regular Meeting of the Tres Hermanos Conservation Authority was called to order by Chair Marquez at 6:00 p.m. Chair Marquez reported that consistent with COVID-19 regulations, all Directors and staff participated via teleconference and there was no physical location for public attendance and the Public was invited to join the meeting online or by phone at the numbers printed on the agenda. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chair Marcucci. ROLL CALL PRESENT: Director, Nancy Lyons Director, Peter Rogers Director, Newell Ruggles Director, Steve Tye Vice-Chair, Cathy Marcucci Chair, Ray Marquez ABSENT: Director Cory Moss Staff attending telephonically: Dan Fox, Executive Director; Ben Montgomery, Deputy Executive Director; Josh Nelson, Industry Director of Public Works/City Engineer/Assistant City Manager; Cheryl Balz, Filing Officer; Tracy Egoscue, Authority Counsel and Kristina Santana, Authority Secretary. PUBLIC COMMENTS: None 3. CONSENT CALENDAR 3.1 CONSIDERATION OF THE MINUTES OF THE FEBRUARY 17, 2021 REGULAR MEETING RECOMMENDED ACTION: Approve the February 17, 2021 Regular Tres Hermanos Conservation Authority meeting minutes. 3.1.a Packet Pg. 6 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES DIAMOND BAR, CALIFORNIA APRIL 21, 2021 PAGE 2 3.2 CONSIDERATION TO RECEIVE AND FILE THE WARRANTS AND OUTGOING WIRE TRANSFERS FOR THE MONTHS OF JANUARY AND FEBRUARY 2021. RECOMMENDED ACTION: Receive and file the warrants and outgoing wire transfers for the months of January and February 2021. 3.3 CONSIDERATION TO APPROVE THE TREASURER’S REPORT FOR THE MONTHS ENDED JANUARY 31, 2021, AND FEBRUARY 28, 2021. RECOMMENDED ACTION: Receive and file the Treasurer's Reports for the months ended January 31, 2021, and February 28, 2021. 3.4 CONSIDERATION TO REVIEW AND APPROVE THE PROPOSED AMENDMENTS TO THE CONFLICT OF INTEREST CODE. RECOMMENDED ACTION: Approve the proposed amendments to the Conflict of Interest Code and direct the Filing Officer to submit any revisions to the Fair Political Practices Commission (FPPC) for adoption. 3.5 CONSIDERATION OF STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2021-22. RECOMMENDED ACTION: Adopt Resolution No. THCA 2021-02 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2021-22. MOTION BY DIRECTOR ROGERS AND SECOND BY VC/MARCUCCI TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 6-0 BY THE FOLLOWING VOTE: AYES: DIRECTORS: LYONS, ROGERS, RUGGLES, TYE, VC/MARCUCCI, CHAIR/MARQUEZ NOES: DIRECTORS: NONE ABSENT: DIRECTORS: MOSS 3.1.a Packet Pg. 7 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES DIAMOND BAR, CALIFORNIA APRIL 21, 2021 PAGE 3 ABSTAIN: DIRECTORS: NONE 4. OLD BUSINESS There was none. 5. NEW BUSINESS 5.1 CONSIDERATION OF BUDGET FOR FISCAL YEAR 2021-22. ED/Fox provided a staff report summarizing the proposed budget and responded to questions from Chair/Marquez regarding rental income and that he anticipates the cattle grazing contracts should be ready for the next meeting. RECOMMENDED ACTION: Adopt Resolution THCA No. 2021-03 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A BUDGET FOR FISCAL YEAR 2021-22. MOTION BY DIRECTOR TYE AND SECOND BY VC/MARCUCCI TO ADOPT RESOLUTION NO. THCA 2021-03: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A BUDGET FOR FISCAL YEAR 2021-2022. MOTION CARRIED 6-0 BY THE FOLLOWING ROLL CALL VOTE: AYES: DIRECTORS: LYONS, ROGERS, RUGGLES, TYE, VC/MARCUCCI, CHAIR/MARQUEZ NOES: DIRECTORS: NONE ABSENT: DIRECTORS: MOSS ABSTAIN: DIRECTORS: NONE 6. AUTHORITY DIRECTOR COMMENTS: Director Rogers said he looked forward to meeting face-to-face planning/vision session. Director Tye said was pleased to see VC/Marcucci participating in tonight’s meeting and wished her good health. 3.1.a Packet Pg. 8 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES DIAMOND BAR, CALIFORNIA APRIL 21, 2021 PAGE 4 VC/Marcucci asked when Red Bucket could be placed on the agenda. CM/Fox responded that staff is awaiting their proposal to the Authority and are attempting to get the cattle leases in place prior to consideration of a proposal. Chair/Marquez said his City has questions regarding the planning process for the property and agreed that the visioning meeting should be placed on the next agenda. CM/Fox suggested that consideration of a vision meeting be placed on the May agenda. 7. ADJOURNMENT: There being no further business, Chair Ray Marquez adjourned the Tres Hermanos Conservation Authority at 6:19 p.m. to Wednesday, May 19, 2021 at 6:00 p.m. __________________________ RAY MARQUEZ CHAIR __________________________ KRISTINA SANTANA AUTHORITY SECRETARY 3.1.a Packet Pg. 9 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.2 3.2 Packet Pg. 10 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 3.2 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Warrants & Outgoing Wire Transfers / Payment Register Recommendation: That the Authority receive and file the warrants and outgoing wire transfers for the month of March 2021 and the payment register for the month of April 2021. Background/Analysis: Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement Section 5.2 Disbursements, the warrants and wire transfers of the Authority should be periodically reviewed by the Board. On December 16, 2020, the Board adopted by-laws that designated the City of Chino Hills Finance Director as the Treasurer and future rotation was removed. As a result, the use of Quickbooks is no longer needed, so the City of Chino Hills Finance Department has been working to incorporate the Authority’s financial activities into the City’s software and processing all payments consistently to provide better oversight and control. These changes have been successfully implemented and as of April 2021, we can now provide all payments on one report called the Tres Hermanos Conservation Authority Payment Register. The warrants and wire transfers are regularly submitted to the Board for review as an agenda item at each Board meeting. These payments may include the following types: automatic clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments have a five-digit number starting with a “2”, EFT payments have a five -digit number starting with a “1”, and paper checks have a four-digit number. Attached for your review are the warrants and outgoing wire transfers for the month of March 2021 and the payment register for the month of April 2021. 3.2 Packet Pg. 11 Respectfully Submitted, Reviewed By, Attachments: 1. THCA Warrants and Outgoing Wire Transfers - March 2021 2. THCA Payment Register - April 2021 3.2 Packet Pg. 12 Date Check #Vendor Memo/Description Amount 3/18/21 1206 Egoscue Law Group Legal Services - Feb 2021 $ (887.50) 3/18/21 1207 LSL CPA's Audit Services - FY 19/20 (210.00) 3/18/21 1208 Janus Pest Management Pest Control/ Nov 2020 - Feb 2021 (6,900.00) 3/18/21 1209 City of Chino Hills Staff Time - Jan 2021 (2,141.76) 3/18/21 1210 Industry Security Svc Security Srvcs Jan - Feb 2021 (6,175.74) 3/23/21 1211 City of Chino Hills Voided check - Charlies Fence/Water - 3/24/21 1212 City of Chino Hills Water 2/11 - 3/15/21 (211.02) 3/24/21 1213 City of Chino Hills Charlie's Fence - Feb 2021 (2,750.00) 3/24/21 1214 City of Chino Hills Water 1/13/21 - 2/11/21 (257.56) Total (19,533.58)$ Tres Hermanos Conservation Authority JPA Warrants and Outgoing Wire Transfers March 2021 3.2.a Packet Pg. 13 #DATE VENDOR NAME INVOICE #DESCRIPTION RETENTION INVOICE AMT 4/21/2021 CITY OF CHINO HILLS 924 1099 EFILE/ORG DOMAIN/STAMPS $133.50 4/21/2021 CITY OF CHINO HILLS 928 FEB21 CH STAFF TIME $3,375.60 TOTAL $3,509.10 4/21/2021 CITY OF INDUSTRY 2021- 00000010 WEED ABATEMENT/PEST CONTROL $8,587.98 TOTAL $8,587.98 4/21/2021 EGOSCUE LAW GROUP, INC.13078 LEGAL - MARCH 2021 $962.50 TOTAL $962.50 4/21/2021 KEENAN & ASSOCIATES 255179 PROPERTY INSURANCE MAR21-MAR22 $2,419.88 4/21/2021 KEENAN & ASSOCIATES 255398 PROPERTY INSURANCE MAR21-MAR22 $13,869.78 TOTAL $16,289.66 TOTAL $29,349.24 5003 5004 Note: The payments above may include the following types: automatic clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments have a five-digit number starting with a "2", EFT payments have a five-digit number starting with a "1", and paper checks have a four-digit number. Tres Hermanos Conservation Authority Payment Register From 4/1/2021 to 4/30/2021 5001 5002 Page 1 of 1 3.2.b Packet Pg. 14 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.3 3.3 Packet Pg. 15 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 3.3 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Treasurer's Reports for the Months Ended March 31, 2021, and April 30, 2021. Recommendation: That the Authority receive and file the Treasurer's Reports for the months ended March 31, 2021, and April 30, 2021. Background/Analysis: Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement Section 5.3 Accounts, the Treasurer must verify and report in writing, at least quarterly, the amount of money held for the Authority, the amount of interest earnings, revenues, and expenditures since the last report. Attached for your information are the Treasurer's Reports for the months ended March 31, 2021, and April 30, 2021. Respectfully Submitted, Reviewed By, Attachments: 1. Treasurer's Report - March 2021 2. Treasurer's Report - April 2021 3.3 Packet Pg. 16 3.3.a Packet Pg. 17 Fiscal Year % Budget Mar To Date of Budget 2020/21 2021 2020/21 Used Revenues: Investment interest -$ 1$ 272$ - Rental income 8,100 675 6,075 75% Contributions from member agencies 248,488 - 248,488 100% Reimbursements - 31 251 - Total Revenues 256,588 707 255,086 99% Expenditures: Contractual Services 133,819 6,900 42,334 32% Legal services 20,004 887 4,912 25% Legal services - Extraordinary 66,000 - 1,205 2% Security services 37,815 6,176 23,968 63% Professional Services 35,220 5,102 8,557 24% Office Supplies & Software 2,005 (23) 799 40% Utilities 3,309 469 3,035 92% Total Expenditures 298,172 19,511 84,810 28% Excess of revenues over (under) expenditures (41,584)$ (18,804)$ 170,276$ Fund Balances: Beginning of fiscal year, Revised 41,584$ Excess of revenues over (under) expenditures 170,276 As of March 31, 2021 211,860$ Fund Balances by City: Chino Hills 72,555$ Diamond Bar 53,800 Industry 85,505 Total Fund Balances by City 211,860$ Tres Hermanos Conservation Authority Statement of Revenues, Expenditures and Changes in Fund Balances For the Month Ended March 31, 2021 3.3.a Packet Pg. 18 3.3.b Packet Pg. 19 Fiscal Year % Budget April To Date of Budget 2020/21 2021 2020/21 Used Revenues: Investment Interest -$ 152$ 423$ - Rental Income 8,100 675 6,750 83% Contributions from Member Agencies 248,488 - 248,488 100% Reimbursements - 31 283 - Total Revenues 256,588 858 255,944 100% Expenditures: Contractual Services 133,478 8,588 53,672 40% Legal Services 20,004 963 5,875 29% Legal Services - Extraordinary 66,000 - 1,205 2% Security Services 37,815 - 23,968 63% Professional Services 35,220 19,665 25,472 72% Office Supplies & Software 2,005 141 940 47% Utilities 3,650 - 3,035 83% Total Expenditures 298,172 29,357 114,167 38% Excess of Revenues Over/(Under) Expenditures (41,584)$ (28,499)$ 141,777$ Fund Balances: Beginning of Fiscal Year, Revised 41,584$ Excess of Revenues Over/(Under) Expenditures 141,777 As of April 30, 2021 183,361$ A Fund Balances by City: Chino Hills 63,055$ Diamond Bar 44,301 Industry 76,005 Total Fund Balances by City 183,361$ A Tres Hermanos Conservation Authority Statement of Revenues, Expenditures and Changes in Fund Balances For the Month Ended April 30, 2021 The ending fund balance in the amount of $183,361 includes $8,587.98 in outstanding checks that are not included in the bank balance of $191,949. 3.3.b Packet Pg. 20 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.4 3.4 Packet Pg. 21 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 3.4 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Appoint Certified Public Accountants. Recommendation: That the Authority appoint Lance, Soll & Lunghard, LLP, as the certified public accountants to provide financial auditing services. Background/Analysis: Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement Section 3.8 Treasurer, the certified public accountant shall be annually appointed by the Board. The City of Chino Hills issued a Request for Proposal (RFP) for financial auditing services on January 19, 2021. On March 4, 2021, the City received 10 proposals in response to its RFP for financial auditing services from Certified Public Accountant firms. Based on the results of the evaluation process and interviews, staff recommended to the City Council for Lance, Soll & Lunghard, LLP, to provide financial auditing services to the City. In addition to their substantial experience with government financial audits and excellent reputation in the industry, Lance, Soll & Lunghard, LLP, maintained a long standing professional relationship with the City and has a valuable amount of institutional knowledge. At the April 27, 2021, Chino Hills City Council meeting, the City Council authorized the execution of a three-year agreement with two additional one-year renewal options with Lance, Soll & Lunghard, LLP, to provide financial auditing services beginning with fiscal year ended 2020-21. The Authority's annual financial audit is included in these services. Fiscal Impact: There is sufficient funding in the Authority's operating budget to cover the $2,000 Fiscal Year 2020-21 cost of the Lance, Soll & Lunghard, LLP, financial auditing services. Future financial auditing service costs will be budgeted for in the appropriate fiscal year. 3.4 Packet Pg. 22 Respectfully Submitted, Reviewed By, 3.4 Packet Pg. 23 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.5 3.5 Packet Pg. 24 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 3.5 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Records Retention Schedule Adoption. Recommendation: Adopt Resolution No. THCA 2021-04 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A RECORDS RETENTION SCHEDULE, ADOPTING THE PROCESS FOR FUTURE UPDATES AND DESTRUCTION OF CERTAIN AUTHORITY RECORDS. Background/Analysis: On December 16, 2020, the Board of Directors of the Tres Hermanos Conservation Authority (Authority) adopted Bylaws for the Authority. Pursuant to Section 1.3 of the Bylaws entitled "Custodian of Records", the Board of Directors appointed the City of Chino Hills as the office where all official and permanent records are retained. It is the desire of the Authority to effectively maintain a Records Management Program to guide and direct the City of Chino Hills in the dispensation of records. A Records Retention Schedule facilitates easy and quick reference to, and preservation of, Authority records. Attached for review and approval is a comprehensive Records Retention Schedule capturing records currently in existence and records that fall under the purview of the Authority to be created. Staff recommends that the Authority adopt the attached Resolution adopting a Records Retention Schedule (Exhibit A to the Resolution) as the official standard for records retention for proper and efficient management of Authority records, adopting a process for future updates to the Records Retention Schedule, and providing for the destruction of certain Authority records. Fiscal Impact: None. 3.5 Packet Pg. 25 Respectfully Submitted, Reviewed By, Attachments: 1. Resolution No. THCA 2021-04, Records Retention Schedule 2. Exhibit A - Retention Schedule 3.5 Packet Pg. 26 Page 1 of 2 RESOLUTION NO. THCA 2021-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A RECORDS RETENTION SCHEDULE, ADOPTING THE PROCESS FOR FUTURE UPDATES AND DESTRUCTION OF CERTAIN AUTHORITY RECORDS WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any Local Agency record which has served its purpose and is no longer required may be destroyed with the approval of the legislative body by resolution and the written consent of legal counsel, the head of a department; and WHEREAS, the Executive Director has presented to the Board a proposed Records Retention Schedule in accordance with the Tres Hermanos Conservation Authority (Authority) Bylaws adopted December 16, 2020; and WHEREAS, it is the desire of the Authority to establish a Records Management Program to guide and direct the City of Chino Hills as the Office of Records in the dispensation of records; and WHEREAS, a uniform Records Retention Schedule facilitates easy and quick reference to, and preservation of, Authority records and provides for proper and efficient management of Authority records. NOW, THEREFORE, THE BOARD OF TRES HERMANOS CONSERVATION AUTHORITY DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The Authority does hereby adopt the Records Retention Schedules as the official standard for records retention of Authority records attached to this resolution as Exhibit A. Section 2. Records are authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule, the Records Retention Schedules, and as necessary and required by law with the consent in writing of the City Clerk of the City of Chino Hills as the Office of Records, the Executive Director, and Legal Counsel, without further action by the Authority. Section 3. The term "records" as used herein are any writing or recording that contains information related to the conduct of the public's business prepared, owned, used, or retained by the Authority regardless of physical form or characteristics, "Regardless of physical form" means that video, audio files and data in a computer system used to conduct business are also records. Section 4. This Resolution shall become effective immediately upon its passage and adoption. 3.5.a Packet Pg. 27 Resolution No. THCA 2021-04 Page 2 of 2 Section 5. The Secretary shall certify as to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 16th day of June, 2021. Ray Marquez Chair Tres Hermanos Conservation Authority ATTEST: I, Kristina Santana, Secretary of the Tres Hermanos Conservation Authority, do hereby certify that the foregoing Resolution was duly and regularly passed, approved, and adopted by the Board of Directors of the Tres Hermanos Conservation Authority, at its regular meeting held on the 16th day of June, 2021, by the following Roll Call vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Kristina Santana Secretary Tres Hermanos Conservation Authority 3.5.a Packet Pg. 28 EXHIBIT A TRES HERMANOS CONSERVATION AUTHORITY RECORDS RETENTION SCHEDULE Authority Approval Date: Page 1 of 5 RECORD/TITLE TOTAL RETENTION REMARKS LEGISLATIVE Agendas, posting affidavits, staff reports Permanent Authority preference GC §34090 Agenda notification requests Expiration +2 yrs. GC §34090 Affidavits of Publication (hearings, etc.) Permanent Statute of Limitations for mailings for annexations, special districts, bonds is 60 days; Municipal Government actions is 3-6 months; CCP §§337 et seq, 349.4; GC §34090; Maintained with agenda packet Bylaws Permanent Authority preference GC §34090 Resolutions, (Official) Permanent GC §34090(e) et. Seq. Minutes, (Official) Permanent GC §34090(e) et. Seq. FINANCE Accounts Payable After Audit + 7 yrs. Authority preference; Statewide guidelines propose audit + 4 yrs.; Published articles show 3-7 yrs.; other cities show 7-10 yrs.; GC §34090 Accounts Receivable After Audit + 7 yrs. Authority Preference; Statewide guidelines propose audit + 4 yrs.; Published articles show 3 - 7 yrs.; other cities show 7 -10 yrs.; GC §34090 Audits After Audit + 7 yrs. Authority Preference; Longer than 2 yrs. for auditing; GC §34090.7; Annual Audits maintained permanently with Agenda packet. Bank Statements After Audit + 7 yrs. Authority Preference; For auditing purposes; Published articles show 3 - 4 yrs.; Other cities show 7 - 10 yrs.; GC §34090, 26 CFR 31.6001-1 3.5.b Packet Pg. 29 EXHIBIT A Page 2 of 5 RECORD/TITLE TOTAL RETENTION REMARKS FINANCE (continued) Bond (Treasurer) Permanent Part of Blanket Crime Insurance GC §34090 Bonds / Certificates of Participation (Issued by the Authority) Cancellation, Redemption or Maturity + 10 yrs. Statute of Limitation for bonds, mortgages, trust deeds, notes or debentures is 6 yrs,; Bonds issued by local governments are 10 yrs.; There are specific requirements for unused bonds; CCP §§336(a) & (b), 337.5(b); GC §§ 43900, et. Seq.; 34090 Budget (Adopted) Permanent Authority Preference; maintained as part of the Agenda packet; Statewide guidelines propose complete + 2 yrs.; GC §34090 Budget (Amendments) Permanent Authority Preference; maintained as part of the Agenda packet; GC §34090.7 Budget (proposed and reviews) 2 yrs. GC §34090 Purchasing Policy Superseded + 2 yrs. Statewide guidelines propose superseded + 2 or 5 yrs.; GC §34090 Requisitions, Purchase Orders After Audit + 7 yrs. Authority Preference; Published articles show 3 yrs.; Statute of Limitations is 4 yrs.; GC §34090, CCP §337 Warrant Registers (Includes Cancelled Warrants, Cancelled / Voided Checks, etc.) After Audit + 7 yrs. Authority Preference; Statute of Limitations is 4 yrs.; statewide guidelines propose Audit + 2 yrs.; GC §34090, CCP § 337 PROPERTY Easements Permanent GC §34090 Deeds - Property owned by Authority Permanent GC §34090(a) Deeds/Easements/Recorded Documents relating / involving the Authority Permanent Authority Preference; GC §34090 3.5.b Packet Pg. 30 EXHIBIT A Page 3 of 5 RECORD/TITLE TOTAL RETENTION REMARKS FAIR POLITICAL PRACTICES (FPPC) Conflict of Interest Code Permanent Adopted by Resolution. Authority Preference. Filing Officer maintains original statements; GC §§ 891009(e)(g); 34090 Form 804 & 805 (Agency Report of New Positions & Consultants Permanent FPPC Regulation 18734(c); GC §§ 81009(e); 34090 Statement of Economic Interest filers - Appointed Officials (includes Board Members, Executive Directors, Treasurer) Permanent Authority preference; Filing Officer maintains copies only; original statements are filed with FPPC; GC §§ 81009(f)(g); 34090 Statement of Economic Interest filers - Designated employees and Consultants (original) 7 yrs. Filing Officer maintains original statement GC §§ 81009(e)(g); 34090 RISK MANAGEMENT Certificates of Insurance (filed with agreement) Permanent Conforms with Agreement retention; longest statute of limitations is 10 yrs.; statewide guidelines propose permanent; CCP §337 et. Seq; GC §34090 Claims and Litigation files Resolution + 5 yrs. Claim must be filed within 2 yrs.; Statute of Limitations for contracts is 4 yrs.; wrongful death for construction is completion + 5 yrs.; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6; PC §832.5(b) Authority Owned Insurance Policies Permanent For protection from litigation; GC §34090 Miscellaneous Certificates of Insurance (not tied to an agreement) Expiration + 10 yrs. Authority Preference for policies that do not involve liability - GC §34090 3.5.b Packet Pg. 31 EXHIBIT A Page 4 of 5 RECORD/TITLE TOTAL RETENTION REMARKS RISK MANAGEMENT (continued) Workers Compensation Claims (Employee Accident Reports) Close or Settlement + 30 yrs. or Termination of Benefits + 5 yrs. Whichever is Longer Claims can be made for 30 yrs. for toxic subst. exposure; Claims are req'd for 5 yrs. After the end of comp or injury, whichever is longer; the Workers Comp Appeals Board may destroy records after 5 yrs.; EEOC/FLSA/ADEA(Age) reqs 3 yrs. for promotion, demotion, transfer, selection, or discharge; State Law reqs 2-3 yrs.; 8 CCR 15400.2, 8 CCR 15400.2, 8 CCR §3204(d)(1) et. Seq.; 29 CFR 1910.1020, GC §§12946, 60201, 34090; CCP §337 et seq. MISCELLANEOUS Agreements and Contracts Permanent Authority preference; Statute of Limitations is 4 yrs.; 10 yrs. for Errors & Omissions; CCP §§ 337, 337.1(a), 337.15, 343; GC §34090; Contractor has retention requirements in 48 CFR 4.703 Electronic Mail: Email defined as a Public Record 2 yrs. Unless retention required for legal hold GC §34090 Formal Bids Permanent Maintained with contract files GC §34090 Unsuccessful Bids/RFPs/RFQs Bid opening or Award date + 2 yrs. GC §34090 Environmental Documents Permanent Includes EIR, Comment letters, etc. GC §34090 General Correspondence 2 yrs. GC §34090 Press Releases, Photographs, etc. (Excludes Historical) 2 yrs. GC §34090 Records Management (Destruction / Retention schedules) Permanent Authority Preference, GC §34090 et. Seq. Requests for Public Records 2 yrs. GC §34090 3.5.b Packet Pg. 32 EXHIBIT A Page 5 of 5 RECORD/TITLE TOTAL RETENTION REMARKS MISCELLANEOUS (continued) Rosters (Internal) Until replaced Secretary of State filings (Notices of Agreement/ Amendment (Form NPSF- 404A & 404B); Registry of Public Agency (Form SF-405) Permanent Requirement to file shown in GC §§6503.5,53051, 34090 Subpoenas 2 yrs. GC §34090 Historical records (All) - Formation, photographs of historical significance, etc. Permanent Executive Director determines historical significance. GC §34090 3.5.b Packet Pg. 33 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 5.1 5.1 Packet Pg. 34 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 5.1 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: In-Person Meeting Format Preferences. Recommendation: Discuss and provide direction on in-person meeting preferences. Background/Analysis: It is anticipated that effective June 15, 2021, Governor Newsom will end the Blueprint for a Safer Economy Program and eliminate social distancing requirements and occupancy limitations related to COVID-19. It is anticipated LA County Health Officials will do the same. This will allow for the ability to return to in -person meetings without any restrictions. The City of Diamond Bar is currently responsible for hosting the Authority meetings. It is recommended that the Board discuss and provide direction on the desired meeting format as Staff looks to return to in-person meetings in July. Options available to the Board include: • Return to 100% in-person meetings o Meetings would be held in the Windmill Community Room located at Diamond Bar City Hall. o As in past practice, all Board Members, Staff and members of the public would need to physically attend the meeting. • Conduct Hybrid meetings o Meetings would be held in the Windmill Community Room located at Diamond Bar City Hall. o Members of the public would be able to attend the meeting and address the Authority in-person or remotely through the GoToWebinar platform. o Board Members and Staff would have the ability to be participate remotely or 5.1 Packet Pg. 35 in-person which may vary by meeting depending on the agenda items being considered. On June 2nd, Governor Newsom's Office announced that Executive Order N-29-20 will remain in effect beyond the June 15th reopening plan, in an effort to help cities and local governments prepare for in-person public meetings and Brown Act compliance. The announcement allows local agencies to continue holding meetings remotely as needed while developing plans to return to in-person meetings and developing hybrid formats that maintain Brown Act compliance while also providing greater accessibility and transparency to the public. • Continue to hold 100% virtual meetings o Continue to hold 100% virtual meetings with no physical location through the GoToWebinar platform until such time that Executive Order N-29-20 is lifted or additional provisions are included in the Brown Act that may offer additional alternatives. At this time, it is recommended that the Board consider the Hybrid meeting option. The hybrid approach would provide the greatest flexibility for the public, staff and Board Members to participate given individual circumstances and preferences related to COVID-19, convenience for participating in meetings, and transparency in conducting Authority business. It would also still allow for further adjustments to be made if and when new guidance on the Brown Act becomes available. Respectfully Submitted, Reviewed By, 5.1 Packet Pg. 36 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 5.2 5.2 Packet Pg. 37 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT AGENDA NO. 5.2 Date: June 16, 2021 To: Chair and Board of Directors From: Daniel Fox, Executive Director Subject: Initial Discussion of Visioning Process. Recommendation: Provide direction as deemed appropriate. Background/Analysis: Various Board Members have expressed interest in commencing a visioning process for Tres Hermanos Ranch. The visioning process presents a tremendous opportunity to set the stage and establish both short and long-term priorities for the Ranch. This could include ideas about uses and activities for the property, and efforts to engage the community in the process. It is requested that the Board provide some initial thoughts, ideas, and expectations regarding the property and the visioning process. Based on the initial feedback, Staff will be able to develop a more detailed work program, define a public engagement process, identify any needed resources, timeline and budget estimates for consideration by the Board. Respectfully Submitted, Reviewed By, 5.2 Packet Pg. 38 1 Kristina Santana From:Dan Hostetler <professordan0914@gmail.com> Sent:Wednesday, June 16, 2021 2:32 PM To:Kristina Santana Subject:For Public Comment CAUTION: This message originated outside of our City of Diamond Bar network. Mr Daniel Fox Executive Director, Tres Hermanos Conservation Authority First, perhaps an introduction is in order. My name is Dan Hostetler, a 37+ year resident of Chino Hills. I have recently retired from a 38+ year career as a Professor and Chairman Emeritus in the Plant Science Department in the Huntley College of Agriculture at Cal Poly Pomona. My teaching experience includes expertise in Irrigated Pasture Management, Rangeland Management, Cereal Crop, Field Crop and Forage Crop Production, as well as Vegetable Crops, Viticulture, and Weed Science. My entire career at Cal Poly Pomona, also involved the management of the WK Kellogg Ranch and Spadra Ranch as well as 2 others-a total of 1550 acres of cropland and rangeland. In addition, AGRIscapes and the Farm Store at Kellogg Ranch fell under my management. I have always felt somewhat connected to the Tres Hermanos Ranch. In the mid 70's, I helped plant, bale and haul hay crops off of the ranch. Starting in the mid 90's my classes in Range Management visited the ranch as a laboratory field trip. These visits to the ranch included students completing plant collections, seeking out California native plants, observing positive and negative effects of livestock grazing management, observing invasive weeds and grasses and impacts on plant communities, observing soil compaction, erosion, and water quality issues as well as numerous other rangeland management techniques in a California annual grassland range. It is my sincere hope that as the Tres Hermanos opens to the public, there will be a visitors center immediately or in the near future. This should serve as a staging area for hikes and other activities. In addition, the visitors center would provide numerous teaching and learning opportunities utilizing docents to present pertinent topics and leading group visits to specific areas of the ranch. These could include a history of the ranch, ranch life in early California, rangeland management principles, ecology, botany of plants on the ranch, wildlife issues, invasive plant control-the list of opportunities is endless. I would be extremely interested in helping develop an area set aside for a living herbarium of grasses, legumes and browse plants which are important to the Tres Hermanos. Other additions to the herbarium could include California native grasses, legumes and browse plants, in addition to invasive weeds and poisonous plants which can become a problem with grazing livestock. This area could even transform in the future to a "ranch garden" typical of life on early, turn of the century ranches. Additionally. you could take a closer look at the grass family and its important crops such as corn, barley and wheat which were all crops of our local area in the past. Beyond sustaining world food supplies, many of the grass species have the potential to become excellent plants for energy production in the future. The upkeep and maintenance of this area could be kept up with docents and volunteers interested in this area. The Irvine Ranch Conservancy actually has a seed increase farm to grow seed for range improvements within their area-a great idea for the future. I am looking for somewhere I could volunteer during my retirement, and would be interested in talking to the group further about these and other projects. I am excited that this ranch will live on in perpetuity and be a valuable resource to both our local cities and the surrounding communities. Thanks, 2 Dan Hostetler professordan0914@gmail.com 1 Kristina Santana From:rdaniel45@aol.com Sent:Wednesday, June 16, 2021 2:16 PM To:cityclerk@DiamondBarCA.gov <cityclerk@DiamondBarCA.gov> Subject:Tres Hermanos Ranch Conservation Authority Meeting CAUTION: This message originated outside of our City of Diamond Bar network. I am writing to share my thoughts at the regular meeting of the Tres Hermanos Conservation Authority, which administers the 2500 acres known as the Tres Hermanos Ranch It is my firm belief that the entire area should be set aside as public open space, ma naged as a natural preserve. With open spaces at a premium, undeveloped lands such as these must be protected to safeguard native plants and wildlife while providing recreational opportunities for the hundreds of thousands of residents within a short distance of the ranch. Under no circumstances should any of this land be used for development. Development will simply add to declining air quality, congestion and noise to which we are currently subjected. Quality of life issues must take precedence over any commercial use of these lands. Additionally, it is imperative that biologists be given unfettered access to the ranch lands in order to prepare an extensive and thorough environmental analysis of the natural resources. I fail to understand why such permission has not been granted. Such a lack of cooperation can only result in expensive litigation. Richard Saretsky 20720 E. Walnut Canyon Road Walnut, CA 1 Kristina Santana From:Kristina Santana Sent:Wednesday, June 16, 2021 3:53 PM To:Kristina Santana Subject:FW: Comments for the Tres Hermanos meeting tomorrow Attachments:THCA Vision 20210613-4-Small.pdf -----Original Message----- From: Lee Paulson <tm@silverlightpress.com> Sent: Tuesday, June 15, 2021 4:27 PM To: Dan Fox <DFox@DiamondBarCA.Gov> Subject: Comments for the Tres Hermanos meeting tomorrow CAUTION: This message originated outside of our City of Diamond Bar network. Hi Dan, Please accept the enclosed document as comments for tomorrow's Tres Hermanos Conservation Meeting vision proces s, agenda item 5.2, and enter them into the public record. Thank you. Sincrely, Lee Paulson 1 Kristina Santana From:Mark Warner <markwarner2000@aol.com> Sent:Monday, June 14, 2021 6:30 AM To:Kristina Santana Subject:"For Public comment" CAUTION: This message originated outside of our City of Diamond Bar network. Good Evening to all, I would like to ask everyone to consider a 55+ Retirement development for Tres Hermanos. With the ever aging population of Chino Hills and Diamond Bar many of us have kids in the area and do not want to leave our hometown to down size. Pls consider this option for I feel it will greatly benefit both cities with continued support by great people. Having walking trails around the Lake would make a great, peaceful way to finish up our Golden Years! Thank You and hoping you and your family stay safe. Mark Warner 15235 Glen Ridge Dr Chino Hills, Ca 91709 Phone- 909-597-9700 markwarner2000@aol.com 1 Kristina Santana From:Diamond Bar-Pomona Valley Sierra Club Task Force <dbpvsierraclubtaskforce@gmail.com> Sent:Wednesday, June 16, 2021 5:13 PM To:Dan Fox; Kristina Santana Subject:For Public Comments Tonight June 16th Attachments:CommentsTHRCAJune162021.pdf CAUTION: This message originated outside of our City of Diamond Bar network. TO: Diamond Bar, Exec Director, Tres Hermanos Ranch Conservation Authority, Mr. Dan Fox cc: City Clerk For Public Comments June 16, 2021, Agenda Item 5.2 Mr. Fox & City Clerk, Please receive the attached comments for tonight's meeting. And for Public Record. Thank you. C. Robin Smith -- To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. C. Robin Smith, Chair 324 S. Diamond Bar Blvd. #230 Diamond Bar, CA 91765 909-861-9920 Desk 951-675-6760 Cell Host Website: http://www.diamondbarisbeautiful.com https://angeles.sierraclub.org/conservation Find Us on Facebook June 16, 2021 [Public Comment, Delivered Electronically] TO: Tres Hermanos Ranch Conserva2on Authority RE: Agenda Item 5.2, Visioning Process, Tres Hermanos Ranch Dis2nguished Board Members: The Diamond Bar - Pomona Valley Sierra Club, is a non-profit, community benefit group, targeting local conservation of natural open space, watershed and wildlife habitat connectivity within and around the City of Diamond Bar. We are also mindful of wildfire risks and climate instability, and prioritize Nature-Based Climate Solutions. Our main work involves educating environmental literacy and modeling ecological integrity, to the youth, the community, elected officials and conservation allies. Authentic conservation efforts are expected to align with land management best practice and coherent land use conservation planning, as per the California Environmental Quality Act and the guidelines of state and federal conservation trustee agencies. We therefore urge, the Authority to perform a natural resource inventory, using ground- truth, protocol surveys as described in the California Dept. Fish Wildlife guidelines. https://wildlife.ca.gov/Conservation/Survey-Protocols This action constitutes best practice, land use conservation because it will identify the quality of the habitat assets and constraints. Establishing a baseline inventory of natural resources is required by CEQA, to see if there is a need to mitigate or improve conditions on the property to diminish harmful impacts, that may be occurring already, even before the Authority undertakes new projects. A basic first step in conservation. Recognizing corporate-contracted ecological surveys are often inconsistent, due to industry irregularities, we also recommend engaging the California Dept. Fish & Wildlife Regions 5 and 6, to ensure an independent, fulsome ecological survey be performed, as per CDFW Guidelines. This biological review of existing conditions would document the habitat types, water bodies/wetlands, species observed on-site, and the presence of sensitive, rare, threatened or endangered species. In a time of climate crisis and, what is understood to be the “sixth mass extinction of the Hypocene Era,” inventorying the natural resources of the 2, 500+ acres of Tres Hermanos Ranch, also known as Upper Tonner Canyon, could not be more critically important. We recommend the survey include all of Tonner Canyon (Upper, mid and lower) because the natural state of the land is contiguous. (Nature does not recognize human boundaries.). To aid the natural resource agencies and conservation of sensitive species, this information should also be uploaded to the California Natural Diversity Database. Thank you for the opportunity of submitting comments on this project. Respectfully, C. “Robin” Smith Diamond Bar - Pomona Valley Sierra Club Conservation Group eMail: DBPVSierraClubTaskForce@gmail.com 909-861-9920 Desk Sierra Club Angeles Chapter, Morgan Goodwin, Sr. Director email: morgan.goodwin@sierraclub.org Resources: Biodiversity crisis is worse than climate change, experts say https://www.sciencedaily.com/releases/2012/01/120120010357.htm CC: Sierra Club Angeles Chapter, Conservation Committee + Projects Mgr Sierra Club Angeles Chapter, Sr. Director California Dept. Fish & Wildlife, Erinn Wilson, Region 5 1 Kristina Santana From:Dan Fox Sent:Wednesday, June 16, 2021 6:46 PM To:Peter Rogers Cc:Kristina Santana Subject:RE: Tres Hermanos Ranch Vision Suggestion Categories:Red Category Thank you Peter. Will add it to the files and note for the record. Dan Fox | City Manager City of Diamond Bar DFox@DiamondBarCA.gov 909.839.7010 -------- Original message -------- From: Peter Rogers <photomayor@gmail.com> Date: 6/16/21 6:18 PM (GMT-08:00) To: Dan Fox <DFox@DiamondBarCA.Gov> Subject: Fwd: Tres Hermanos Ranch Vision Suggestion CAUTION: This message originated outside of our City of Diamond Bar network. Here is a letter sent to me. Sent from my iPhone Begin forwarded message: From: Peter Rogers <progers@chinohills.org> Date: June 16, 2021 at 8:47:34 AM PDT To: Peter Rogers <photomayor@gmail.com> Subject: Fwd: Tres Hermanos Ranch Vision Suggestion Sent from my iPhone Begin forwarded message: From: M Taber <mariept@yahoo.com> Date: June 15, 2021 at 9:58:36 PM PDT To: Peter Rogers <progers@chinohills.org> Subject: Tres Hermanos Ranch Vision Suggestion 2 Good Evening Peter, I read the article about the upcoming meeting of the Tres Hermanos Conservation Authority and I have a concept for it's future use. Currently sheep and goats are brought in to mitigate weeds on Tres Hermanos. I propose that we house resident goats on the property. The use of goats for brush control is surging and our ranch is the perfect setting to exploit this new trend. We can offer a lease to a business and allow them to raise goats for weed abatement in the area as the primary use. They could also use goats for secondary businesses: meat, milk, cheese, etc. The Positives: The use of goats promotes land restoration Good for the watershed Environmentally healthy Wildfire risk reduction (lower insurance premiums, cleaner air) Allows for other uses later on Minimal infrastructure needs (A barn, some fencing) Low water use Opportunities: -Collaboration with Cal Poly Pomona’s world-class Department of Animal and Veterinary Science to create an extension for goat husbandry onsite would preserve our local ranching heritage. -Grants (eg: Cal Fire- Fire Prevention Grants; California Fire Foundation Grants; Farming Grants, etc.) -“Goat Days” - An opportunity to highlight the enterprise. (Think of Upland’s Lemon Festival) Thank you for all of your hard work, Marie Taber https://goatapellifoundation.org/about-us/ US Fish & Wildlife Service: Fire Management 3 US Fish & Wildlife Service: Fire Management U.S. Fish and Wildlife Service The U.S. Fish and Wildlife Service (FWS) has been using and managing fire safely and cost-effectively since the ... This article includes a Chino resident who currently hires his goats out. https://www.dailynews.com/2017/02/20/goat-brush-control-in-high-demand-this- winter-in-southern-california/