HomeMy WebLinkAbout121620 - THCA - Agenda - Regular MeetingTRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS REGULAR MEETING
DECEMBER 16, 2020 AGENDA
6:00 p.m.
CITY OF INDUSTRY
COUNCIL CHAMBER
15651 E. STAFFORD STREET
CITY OF INDUSTRY, CALIFORNIA
Addressing the Authority:
NOTICE OF TELEPHONIC MEETING:
Chair, Steve Tye
Vice -Chair, Ray Marquez
Board Member, Nancy Lyons
Board Member, Cathy Marcucci
Board Member, Cory Moss
Board Member, Peter Rogers
Board Member, Newell Ruggles
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. Members of the public
shall be able to attend the meeting telephonically and offer public comment
by joining the meeting by calling the following conference call number:
1-657404-3264 and entering the Access Code: 231 261 369#. Please be
advised that pursuant to the Executive Order, and to ensure the health and
safety of the public, Council Chambers will not be open for the meeting,
and all public participation must occur by telephone at the number set forth
above. Pursuant to the Executive Order, and in compliance with the
Americans with Disabilities Act, if you need special assistance to
participate in the THCA meeting (including assisted listening devices),
please contact the City Clerk's Office at (626) 333=2211 by 5:00 p.m. on
Monday, December 14, 2020, to ensure that reasonable arrangements can
be made to provide accessibility to the meeting.
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City
Clerk at Industry 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 (626) 333-2211
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
accommodations) in order to communicate at a public meeting, must inform the Authority Secretary a minimum
of 72 hours prior to the scheduled meeting.
1383679.1
December 16, 2020 PAGE 2 THCA Agenda
1.
2.
3
C!
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
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.
3.1 Consideration of the minutes of the July 15, 2020 regular meeting and the
August 19, 2020 regular meeting
RECOMMENDED ACTION:
Approve as submitted.
3.2 Consideration to approve the Treasurer's Report for the months of July
2020, August 2020, September 2020, and October 2020
Receive and file Reports.
3.3 Consideration to approve the check register for the months of July 2020,
August 2020, September 2020, and October 2020
RECOMMENDED ACTION:
OLD BUSINESS:
There is none.
5. NEW BUSINESS:
Receive and file Report.
5.1 Consideration of Resolution No. THCA 2020-03 — A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING BY-LAWS OF THE TRES
HERMANOS CONSERVATION AUTHORITY
RECOMMENDED ACTION. Adopt Resolution No. THCA
2020-03.
December Ib, 2020 PAGE 3 THCA Agenda
5.2 Consideration of Resolution No. THCA 2020-04 — A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING A BUDGET AMENDMENT
FOR FISCAL YEAR 2020-21 INCREASING THE BUDGET BY $15,000
FOR TREASURER DUTIES
RECOMMENDED ACTION: Adopt Resolution No. THCA
2020-04.
5.3 Consideration of a Professional Civil Engineering Services Agreement
between Tres Hermanos Conservation Authority and C & C Engineering,
Inc.
RECOMMENDED ACTION:
Approve the Agreement.
5.4 Red Bucket presentation and discussion.
RECOMMENDED ACTIONff
. Discussion and direction.
6. AUTHORITY DIRECTOR COMMENTS.
7. ADJOURNMENT: The next regular Tres Hermanos Conservation Authority
Meeting will be Wednesday, January 20, 2021 at 6:00 p.m.
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.1
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 15, 2020
PAGE 1
CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority was called to order
by Chair Steve Tye at 6:25 p.m., telephonically using Conference Call Number, 914-614-
3221, Access Code: 410-754-395.
FLAG SALUTE
The flag salute was led by Chair Steve Tye.
ROLL CALL
PRESENT: Steve Tye, Chair
Ray Marquez, Vice -Chair
Nancy Lyons, Board Member
Cathy Marcucci, Board Member
Cory Moss, Board Member
Peter Rogers, Board Member
Newell Ruggles, Board Member
STAFF PRESENT: Troy Helling, Executive Director; Dan Fox, Deputy Executive
Director; Tracy Egoscue, General Counsel; Josh Nelson, Director %J Public Worksy
Engineer; Kristina Santana, City Clerk with Diamond Bar; and Julie Robles, Authority
Secretary.
PUBLIC COMMENTS
Jim Gallagher with Save the Ranch thanked the cities for forming this Authority and
preserving the Tres Hermanos property.
Susan Pierce from Chino Hills talked about Red Bucket Equine Rescue being a horse
rescue organization and would like to discuss partnering with Tres Hermanos in the
future. Potential partnerships.
Maryanne Napoles, a reporter with Chino Hills Champion, was on the phone listening
but had no ability to join into the meeting. Board Member Rogers said that he knew her
concerns and would bring the subject up at the end of the meeting under Comments.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 15, 2020
PAGE 2
CONSENT CALENDAR
Vice -Chair Ray Marquez asked to pull Item 3.3 for clarification on two items in the check
register.
3.1 CONSIDERATION OF THE MINUTES OF THE APRIL 15, 2020 REGULAR
MEETING
RECOMMENDED ACTION:
Approve as submitted.
3.2 CONSIDERATION TO APPROVE THE TREASURER'S REPORT FOR THE
MONTHS OF MARCH 2O20, APRIL 2020 AND MAY 2020
RECOMMENDED ACTION:
Receive and file Report.
MOTION BY BOARD MEMBER LYONS, AND SECOND BY BOARD MEMBER MOSS
TO APPROVE ITEMS 3.1 AND 3.2 OF THE CONSENT CALENDAR. MOTION
CARRIED 7-0, BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT BOARD MEMBERS:
ABSTAIN BOARD MEMBERS:
LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NE
NO
NONE
NONE
3.3 CONSIDERATION TO APPROVE THE CHECK REGISTER FOR THE
MONTHS OF MARCH 2O20, APRIL 2020 AND MAY 2020
RECOMMENDED ACTION:
Receive and file Report.
Vice -Chair Ray Marquez questioned two items; one regarding the Department of Water
Resources and the other regarding Watson Paint Company. Both questions were
answered by Executive Director, Troy Helling along with input from Director of Public
Works/City Engineer, Josh Nelson.
MOTION BY VICE -CHAIR MARQUEZ, AND SECOND BY BOARD MEMBER ROGERS
TO APPROVE ITEM 3.3 OF THE CONSENT CALENDAR. MOTION CARRIED 7-0, BY
THE FOLLOWING VOTE:
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 152 2020
PAGE 3
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT BOARD MEMBERS:
ABSTAIN BOARD MEMBERS:
OLD BUSINESS
There was none.
LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NONE
NONE
NONE
5.1 THIRD QUARTER BUDGET REVIEW FOR FISCAL YEAR 2019-20
RECOMMENDED ACTION: Receive and file Report.
MOTION BY BOARD MEMBER MOSS, AND SECOND BY BOARD MEMBER
MARCUCCI TO RECEIVE AND FILE REPORT. MOTION CARRIED 7-0, BY Inc
FOLLOWING VOTE:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT BOARD MEMBERS:
ABSTAIN BOARD MEMBERS:
6. AUTHORITY DIRECTOR COMMENTS
LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NONE
NONE
NONE
Board Member Moss said that she would like the Board to get more information from
Susan Pierce in regards to Red Bucket Equine Rescue with the possibility of putting a
staff report on the agenda in the near future.
Board Member Rogers said that Cherri Wood's home at the Tres Hermanos Ranch had
been burglarized the previous night and that is why Maryanne Napoles, a reporter with
Chino Hills Champion, was wanting to reach out on this call. Cherri Wood is feeling
afraid and would like more security. Executive Director, Troy Helling, said that Tonner
Canyon has security and will look into a camera system. He said he would reach out to
Maryanne Napoles the next day.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
JULY 15, 2020
PAGE 4
Board Member Marquez brought up the cattle at Tres Hermanos Ranch and the need
for two lease agreements for both the South and North sides as it pertains to protecting
the Authority. Again, he brought up the desire of staff from each city to tour the Tres
Hermanos Ranch, with social distancing. He also mentioned that he already had a
working relationship with Susan Pierce at Red Bucket and looks forward to working with
her again.
7. ADJOURNMENT
There being no further business, the Tres Hermanos Conservation Authority adjourned
at 6:53 p.m.
STEVE TYE
CHAIR
JULIE ROBLES
AUTHORITY SECRETARY
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
AUGUST 19, 2020
PAGE 1
CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority was called to order
by Chair Steve Tye at 6:02 p.m., telephonically using Conference Call Number, 657-204-
3264, Access Code: 488 091 621#.
FLAG SALUTE
The flag salute was led by Chair Steve Tye.
ROLL CALL
PRESENT: Steve Tye, Chair
Ray Marquez, Vice -Chair
Nancy Lyons, Board Member
Cathy Marcucci, Board Member
Cory Moss, Board Member
Peter Rogers, Board Member
Newell Ruggles, Board Member
STAFF PRESENT: Troy Helling, Executive Director; Dan Fox, Deputy Executive
Director; Tracy Egoscue, General Counsel; Josh Nelson, Director of Public Worksy
Engineer; Kristina Santana, City Clerk with Diamond Bar; and Julie Robles, Authority
Secretary.
PUBLIC COMMENTS
Jim Gallagher with Save the Tres Hermanos Ranch Group on Facebook and a regular
attendee of these meetings spoke on the historical effort made by all three cities in joining
into this Joint Power Agreement and forming this Authority to preserve the Tres
Hermanos property.
Robin Smith, Chair of the Diamond Bar/Pomona Sierra Club Conservation Team, also
wanted to echo Mr. Gallagher's comments and to express her gratitude for this group.
She also suggested that City of Industry teach the public through social media groups
as to how the City has changed compared to past history.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
AUGUST 19, 2020
PAGE 2
CONSENT CALENDAR
3.1 CONSIDERATION TO APPROVE THE TREASURER'S REPORT FOR THE
MONTH OF JUNE 2020
RECOMMENDED ACTION:
Receive and file Report.
3.2 CONSIDERATION TO APPROVE THE CHECK REGISTER FOR THE MONTH
OF JUNE 2020
RECOMMENDED ACTION:
Receive and file Report.
MOTION BY BOARD MEMBER ROGERS, AND SECOND BY BOARD MEMBER MOSS
TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 7-0, BY THE
FOLLOWING VOTE:
AYES: BOARD MEMBERS: LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NOES: BOARD MEMBERS: NONE
ABSENT BOARD MEMBERS: NONE
ABSTAIN BOARD MEMBERS: NONE
OLD BUSINESS
NEW BUSINESS
5.1 ADOPT THE STATEMENT OF INVESTMENT POLICY FOR THE 2020-21
FISCAL YEAR
RECOMMENDED ACTION: Adopt Resolution No. THCA
2020-02.
MOTION BY V/C MARQUEZ, AND SECOND BY BOARD MEMBER MARCUCCI TO
ADOPT RESOLUTION NO. THCA 2020-02. MOTION CARRIED 7-0, BY THE
FOLLOWING VOTE:
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
AUGUST 19, 2020
PAGE 3
AYES: BOARD MEMBERS: LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NOES: BOARD MEMBERS: NONE
ABSENT BOARD MEMBERS: NONE
ABSTAIN BOARD MEMBERS: NONE
5.2 ARNOLD RESERVOIR DAM REPAIRS AND REMENDIATION UPDATE
RECOMMENDED ACTION:
Receive and File.
City of Industry Director of Public Works/City Engineer/Assistant City Manager, Josh
Nelson provided a staff report and was available to answer any questions.
MOTION BY BOARD MEMBER MOSS, AND SECOND BY BOARD MEMBER ROGERS
TO RECEIVE AND FILE, MOTION CARRIED 7-0, BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT BOARD MEMBERS:
ABSTAIN BOARD MEMBERS:
LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NONE
NONE
NONE
5.3 CONSIDERATION OF PROPERTY MAINTENANCE AND SECURITY FOR
DWELLING UNIT LOCATED AT ASSESSOR'S PARCEL NUMBER (APN) 1000-031-
15=0000
RECOMMENDED ACTION.
Review and Provide Direction.
City of Industry Assistant City Manager, Bing Hyun, provided a staff report and reviewed
the summary of proposed maintenance costs needed at the dwelling unit located at Tres
Hermanos Ranch where tenant Cherie Wood resided for the past twenty-one years.
Conversation ensued regarding the cost of several repairs and the issue of getting
multiple bids was discussed as well as adding motion detector lights on the outside. It
was agreed to get three estimates for the interior paint which sounded a little high.
Executive Director, Troy Helling, said he would email the board members a memo with
the cost estimates.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
AUGUST 19, 2020
PAGE 4
MOTION BY BOARD MEMBER MOSS, AND SECOND BY BOARD MEMBER LYONS
TO RECEIVE AND FILE REPORT. MOTION CARRIED 7-0, BY THE FOLLOWING
VOTE:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT BOARD MEMBERS:
ABSTAIN BOARD MEMBERS:
6. AUTHORITY DIRECTOR COMMENTS
LYONS, MARCUCCI, MOSS, ROGERS
RUGGLES, VC/MARQUEZ, C/TYE
NONE
NONE
NONE
Board Member Marcucci asked about the progress with
Equine Rescue and Executive Director Troy Helling said
and it will be put on the next meeting agenda.
7. ADJOURNMENT
Susan Pierce at Red Bucket
a draft presentation was done
There being no further business, the Tres Hermanos Conservation Authority adjourned
at 6:52 p.m.
STEVE TYE
CHAIR
JULIE ROBLES
AUTHORITY SECRETARY
TRES HERMANOS CONSERVATION AUTHORITY
ITEM N0. 3.2
TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
Date: December 16, 2020
To: Chair and Board of Directors
From: Troy Helling, Executive Director
D
AGENDA NO. <-
Subject: Treasurer's Report for the Months of July through October 2020
Recommendation:
That the Authority receive and file the Treasurer's Reports for the months of July through
October 2020.
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 of July through
October 2020.
Respectfully submitted,
Christina Buhagiar
Treasurer
Attachments
Reviewed by,
Tres Hermanos Conservation Authority
Treasurer's Report
For the Month Ended July 31, 2020
Interest/
Book Maturity % of
Description Cost Value Market Value Yield Date Portfolio
Cash and Cash Equivalents
Citizens Business Bank - Premium Money Market $ 316,888 $ 316,888 0.05% n/a 100,00%
Total Investment Portfolio $ 316,888 $ 316,888 100.00%
Blended Yield of Cash and Investments 0.05%
Benchmarks:
LAW 0.92%
6mo U.S. Treasury 0.10%
2yr U.S. Treasury 0011 %
5yr U.S. Treasury 0.21 %
I hereby certify that the investments are in compliance with the investment policy adopted by the the Board of Directors. The
investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. This report meets the
requirements of Government Code Section 53646.
Christina Buhagiar
Treasurer
(;onservation Authority
tatement of Revenues, Expenditures and Changes in Fund Balances
For • •^d July 31, 2020
Revenues:
Investment interest
Rental income
Contributions from member agencies
Reimbursements
Total Revenues
Expenditures:
Professional Services
Legal services
Legal services - Extraordinary
Contractual Services
Security services
Office Supplies & Software
Utilities
Total Expenditures
Excess of revenues over (under) expenditures
Fund Balances:
Beginning of fiscal year
Excess of revenues over (under) expenditures
As of July 31, 2020
Fund Balances by City:
Chino Hills
Diamond Bar
Industry
Total Fund Balances by City
Fiscal Year
Budget July To Date
2020/21 2020 2020/21
81100 675 675
2485488 154,658 154,658
2 56, 588 155,344 15 5, 344
of Budget
Used
61%
20,004
175
175
1 %
66,000
-
-
0%
113,559
21450
21450
2%
34,800
37059
39059
9%
21005
-
-
0%
-
159
159
-
256,588 5,843 5,843 2%
$ - $ 149,501 $ 149,501
$ 166,632
$ 316,133 B
$ 107,338
88,331
120,464
$ 316,133
q 100% of member contributions have been received, but $93,830 was received in June 2020 and reflected in the
beginning of fiscal year fund balance.
g The ending fund balance in the amount of $316,133 includes $755.00 in outstanding checks that are not included in
the bank balance of $316,887.66,
Tres Hermanos Conservation Authority
Treasurer's Report
For the Month Ended August 31, 2020
Interest/
Book Maturity % of
Description Cost Value Market Value Yield Date Portfolio
Cash and Cash Equivalents
Citizens Business Bank - Premium Money Market $ 314,194 $ 314,194 0.05% n/a 100,00%
Total Investment Portfolio $ 314,194 $ 314,194
Blended Yield of Cash and Investments 0.05%
'Benchmarks:
LAW 0.78%
6mo U.S. Treasury 0.13%
2yr U.S. Treasury 0.14%
5yr U.S. Treasury 0.28%
100.00%
I hereby certify that the investments are in compliance with the investment policy adopted by the the Board of Directors. The
investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. This report meets the
requirements of Government Code Section 53646.
Christina Buhagiar
Treasurer
Tres Hermanos Conservation uthority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended August 31, 2020
Revenues:
Investment interest
Rental income
Contributions from member agencies
Reimbursements
Total Revenues
Expenditures:
Professional Services
Legal services
Legal services - Extraordinary
Contractual Services
Security services
Office Supplies & Software
Utilities
Total Expenditures
Excess of revenues over (under) expenditures
Fund Balances:
Beginning of fiscal year
Excess of revenues over (under) expenditures
As of August 31, 2020
Fund Balances by City:
Chino Hills
Diamond Bar
Industry
Total Fund Balances by City
Fiscal Year
Budget Aug To Date of Budget
2020/21 2020 2020/21 Used
$ - $ 13 $ 24 -
81100 675 17350 17%
248,488 - 154,658 62% A
32 32 -
256,588
20,220
20,004
66,000
9559
34,800
2,005
256,588
720
962
38,664
639
156,064
41,114
3,059
798
61%
40,265 46,108 18%
(39,545) $ 109,956
$ 166,632
$ 94,157
75,149
107,282
q 100% of member contributions have been received, but $93,830 was received in June 2020 and reflected in the
beginning of fiscal year fund balance.
g The ending fund balance in the amount of $276,588 includes 537,606.03 in outstanding checks that are not included
in the bank balance of $314,193.68.
Tres Hermanos Conservation Authority
Treasurer's Report
For the Month Ended September 30, 2020
Interest/
Book Maturity % of
Description Cost Value Market Value Yield Date Portfolio
Cash and Cash Equivalents
Citizens Business Bank - Premium Money Market $ 170,474 $ 170,474 0.05% n/a 62.93%
LAIF Account 100,000 100,411 0.69% n/a 37.07%
Total Investment Portfolio $ 270,474 $ 270,885 100500%
Blended Yield of Cash and Investments 0.29%
Benchmarks:
LAIF 0.69%
6mo U.S. Treasury 0.11 %
2yr U.S. Treasury 0.13%
5yr U.S. Treasury 0.28%
I hereby certify that the investments are in compliance with the investment policy adopted by the the Board of Directors. The
investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. This report meets the
requirements of Government Code Section 53646.
Christina Buhagiar
Treasurer
Tres Hermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended September 30, 2020
Revenues:
Investment interest
Rental income
Contributions from member agencies
Reimbursements
Total Revenues
Expenditures:
Professional Services
Legal services
Legal services - Extraordinary
Contractual Services
Security services
Office Supplies & Software
Utilities
Total Expenditures
Excess of revenues over (under) expenditures
Fund Balances:
Beginning of fiscal year
Excess of revenues over (under) expenditures
As of September 30, 2020
Fund Balances by City:
Chino Hills
Diamond Bar
Industry
Total Fund Balances by City
Fiscal Year
Budget
Sept
To Date
of Budget
2020/21
2020
2020/21
Used
$ -
$ 8
$ 32
-
81100
725
2,075
26%
248,488
-
248,488
100%
-
166
198
-
256,588
899
250,793
98%
20,004
-
11138
6%
667000
515
515
1 %
1131559
62351
47,464
42%
347800
31110
65169
18%
23005
50
50
2%
-
293
13091
-
256,588 10,319 56,427 22%
$ 72,802
$ 267,168 A
$ 91,006
72,106
104,056
$ 267,168
q The ending fund balance in the amount of $267,168 includes $3,305.70 in outstanding checks that are not included in
the bank balance of $270,473.69.
Tres Hermanos Conservation Authority
Treasurer's Report
For the Month Ended October 31, 2020
Interest/
Book Maturity % of
Description Cost Value Market Value Yield Date Portfolio
Cash and Cash Equivalents
Citizens Business Bank - Premium Money Market
LAIF Account
Total Investment Portfolio
$ 1591950 $ 159,950
100,053 100,465
$ 260,003 $ 260,415
Blended Yield of Cash and Investments 0.27%
Benchmarks:
LAIF 0.62%
6mo U.S. Treasury 0.11%
2yr U.S. Treasury 0.14%
5yr U.S. Treasury 0.38%
0.05%
n/a
61.42%
0.62%
n/a
38.58%
100.00%
I hereby certify that the investments are in compliance with the investment policy adopted by the the Board of Directors. The
investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. This report meets the
requirements of Government Code Section 53646.
Christina Buhagiar
Treasurer
Tres I-lermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended October 31, 2020
Revenues:
Investment interest
Rental income
Contributions from member agencies
Reimbursements
Total Revenues
Expenditures:
Professional Services
Legal services
Legal services - Extraordinary
Contractual Services
Security services
Office Supplies & Software
Utilities
Total Expenditures
Excess of revenues over (under) expenditures
Fund Balances:
Beginning of fiscal year, Revised*
Excess of revenues over (under) expenditures
As of October 31, 2020
Fund Balances by City:
Chino Hills
Diamond Bar
Industry
Total Fund Balances by City
Budget
2020/21
Fiscal Year
Oct To Date
2020 2020121
8,100 675
248,488 -
61
$ 92
23750
248,488
259
of Budget
Used
256,588 796 251,589 98%
20,004 175 17313 7%
663000 690 11205 2%
113,559 23250 543290 48%
34,800 2,906 91074 26%
2,005 714 764 38%
311 1,402 -
256,588 7,046 682048 27%
$ - $ (61250) $ 183,541
$ 73,557
$ 257,098 A
$ 87,634
68,880
100,584
$ 257,098
q The ending fund balance in the amount of $257,098 includes $2,905.88 in outstanding checks that are not included in
the bank balance of $260,003.47.
* Audit should be finalized by the end of December 2020 which will finalize the beginning fund balance for Fiscal Year
2020-21.
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.3
TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
Date: December 16, 2020
To: Chair and Board of Directors
From: Troy Helling, Executive Director
Subject: Check Registers
Recommendation:
AGENDA NO. 3
That the Authority receive and file the check registers for the months of July through
October 2020.
Backaround/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.2 Disbursements, the check register of the Authority should
be periodically reviewed by the Board. Attached for your review are the check registers
for the months of July through October 2020.
Respectfully submitted,
Christina Buhagiar
Treasurer
Attachments
Reviewed by,
Tres Hermanos Conservation Authority JPA
Transaction List by Vendor
July 2020
Date Check # Vendor Memo/Description Amount
7/14/20 1157 Kline's Plumbing, Inc. Plumbing - valve repair at THCA home $ (425.00)
7/14/20 1158 Janus Pest Management, Inc Squirrel/Pest Control - May 2020 (21025,00)
7/15/20 1159 Industry Security Services, Inc. Security - June 2020 (31058080)
7/15/20 1160 Egoscue Law Group, Inc. Legal - June 2020 (175.00)
7/23/20 1161 City of Industry (Valley Vista) Trash - June 2020 (158.76)
Total $ (5,842.56)
Date Check # Vendor
8/4/20
8/4/20
8/24/20
8/24/20
8/26/20
8/26/20
Tres Hermanos Conservation Authority JPA
Transaction List by Vendor
August 2020
on
Amount
1162
City
of Chino Hills
Water - 06/10/20 - 07/13/20
$ (297.92)
1163
City
of Industry (LA County)
May 2020 - Weed Abatement
(31115.91)
1164
San
Gabriel Valley Conservation Corps
Weed Abatement - July 2020
(10,560.00)
1165
City
of Industry (Valley Vista)
Trash - July 2020
(553408)
1166
City
of Industry (LA County)
Apr -Jun 30, 2020 Weed Abatement/Pest
(24,775.45)
Control
1167
Egoscue Law Group, Inc.
Legal - July 2020
(962,50)
Total
$ (40,264,86)
Tres Hermanos Conservation Authority JPA
Transaction List by Vendor
September 2020
Date Check # Vendor Memo/Description Amount
9/10/20 1168 Woodruff, Spradlin & Smart Legal - July 2020 $ (514090)
9/10/20 1169 City of Chino Hills Water - 07/13/20 - 08/12/20 (293.36)
9/10/20 1170 Industry Security Services, Inc. Security - July 2020 (3,109,80)
9/10/20 1171 Janus Pest Management, Inc. Squirrel/Pest Control - Jun 2020 (19900000)
9/10/20 1172 Janus Pest Management, Inc. Squirrel/Pest Control - July 2020 (11900,00)
9/28/20 1173 CNC Engineering Water Surface Elevations - Jun 2020 (185.00)
9/28/20 1174 Janus Pest Management, Inc. Squirrel/Pest Control - Aug 2020 (29025,00)
9/28/20 1175 City of Industry (LA County) Pest Abatement - July 2020 (340,70)
Total $ (10,268.76)
Tres Hermanos Conservation Authority JPA
Transaction List by Vendor
October 2020
Date Check # Vendor
10/6/20 1176 Woodruff, Spradlin &
10/6/20 1178 City of Chino Hills
10/6/20 1177 City of Chino Hills
10/8/20 1179 Kline's Plumbing, Inc.
10/14/20 ACH Citizens Business Bank
10/21/20 1180 Egoscue Law Group, Inc.
10/21/20 1181 Janus Pest Management, Inc.
10/27/20 1182 Industry Security Services, Inc.
Amount
Legal -Aug 2020 $ (690.20)
Water - 08/12/20 - 09/14/20 (311.26)
QuickBooks FY20-21 (763461)
Plumbing repair (350400)
Waived Wire Transfer fee 50.00
Legal - Sep 2020 (175,00)
Squirrel/Pest Control - Sep 2020 (15900000)
Security - Sep 2020 (2,905.88)
Total $ (7,045.95)
TRES HERMANOS CONSERVATION AUTHORITY
ITEM N0. 5.1
IES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
Date: I 2020
To: Chair and Board of Directors
From: Troy Helling, Executive Director01t,
AGENDA NO. I
Subject: Establishment of By -Laws of the Tres Hermanos Conservation
Authority
Recommendation:
Adopt a Resolution entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING BY-LAWS OF THE TRES
HERMANOS CONSERVATION AUTHORITY
Background/Analysis:
Section 2.4.J of the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement (JPA) provides for the Authority Board to adopt rules, regulations,
policies, by-laws and procedures consistent with the JPA for governing the operation of
the Authority. The proposed By -Laws would designate additional roles and provide
additional clarifications regarding the rotation of administrative duties to provide for
continuity, efficiency and transparency in the on -going operation of the Authority. The
proposed Resolution and By -Laws are included in Attachment 1. The By -Laws can be
amended or revise at any time by future action of the Authority Board.
The first administrative rotation of Member Agency staff roles contemplated in Section
3.12 of the JPA is scheduled to occur in January 2021 and includes:
• Executive Director —Diamond Bar City Manager
• Deputy Director —Chino Hills City Manager
• Secretary —Diamond Bar City Clerk
• Treasurer — City of Industry Finance Director
As the Authority has now operated for almost two years under its new organization,
opportunities have been identified by staff to improve and build upon the roles and
THCA Board of Directors
Adoption of By -Laws
December 16, 2020
Page 2
responsibilities contemplated by the JPA to effectively administer the Authority and
manage on -going operations of the Tres Hermanos Ranch property. The proposed By-
laws include the following provisions:
• Custodian of Records
By -Law Section 1.3 would designate Chino Hills City Hall as the office where all official
records and permanent records are retained. The JPA did not identify any such
location. While the City Clerks from each of the Member Agencies will serve a
Secretary, there needs to be one official location for all records of the Authority to
provide for operation efficiency and transparency. Having each City maintain records
while serving as Secretary would not be as effective and could lead to gaps in records
or other inefficiencies in record retention as time goes on.
• Filing Officer
JPA Section 3.15 provides for all Directors to file annual statements of economic
interest under the Political Reform Act. Given the rotation of administrative title and
different Member Agencies, having this administered by each of the City Clerks is not
practical under the Fair Political Practices Commission systems. By -Law Section 1.4
would designate the Chino Hills City Clerk as the Filing Officer for disclosures, conflicts
of interest and other requirements of the Political Reform Act. The JPA did not make
such a designation.
• Administrative Director Position Created
As previously mentioned, the JPA provides for the rotation of administrative positions
every two years, including the City Manager that would serve as the Executive and
Deputy Executive Director. However, with three Member Agencies, there would
always be a City Manager at any given time that would not have a role. The JPA did
not provide for the third City Manager to have a role in the administration of the
Authority. By -Law Section 1.5 would create a new Administrative Director position to
provide valuable and needed assistance, continuity and efficiency with the on -going
daily operations of the Authority. The City Manager that is not serving as the Executive
or Deputy Executive Director would serve as the Administrative Director. Based on
the rotation schedule, the City of Industry City Manager would assume this role in
January 2021.
• Designation of Treasurer
Again, the JPA provides for the rotation of administrative positions every two years,
including the Treasurer. The JPA did not contemplate some of the logistical,
accounting and auditing challenges that would occur with moving the financial records
THCA Board of Directors
Adoption of By -Laws
December 16, 2020
Page 3
and accounting/auditing responsibilities every two years. By -Laws Section 1.6
designates the Chino Hills Finance Director as the Treasurer and this designation
would not be subject to future rotation. Each of the three Member Agency Finance
Directors support this approach and will continue to be involved in budget and
accounting oversight for the Authority. Chino Hills has the finance, accounts payable
and auditing system established and is willing to retain its current role as Treasurer.
See related Agenda Item for additional information on this topic.
Fiscal Impact:
There is no fiscal impact as Member Agency staff will continue to provide in -kind services
to the Authority for the roles created and/or designated under the By -Laws. The one
exception is for the Treasurer position where Chino Hills proposes to be reimbursed
approximately $30,000 annually for their services since this position will no longer rotate.
See separate related Agenda Item.
Legal Review:
The Authority Attorney has reviewed and approved the By -Laws as to form.
Respectfully submitted,
Daniel Fox
Deputy Executive Director
Attachments:
Reviewed by,
Executive Director
1. Resolution No. THCA 2020-03
Exhibit 1: By -Laws of the Tres Hermanos Conservation Authority
RESOLUTION NO. THCA 2020-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRES HERMANOS CONSERVATION AUTHORITY ADOPTING
BY-LAWS OF THE TRES HERMANOS CONSERVATION
AUTHORITY
WHEREAS, Section 2.4.J of the Amended and Restated Tres Hermanos
Conservation Authority Joint Powers Agreement (JPA) provides for the Authority Board to
adopt rules, regulations, policies, by-laws and procedures consistent with the JPA for
governing the operation of the Authority;
WHEREAS, the Authority desires to designate Chino Hills City Hall as the location
where all official records and permanent records are retained;
WHEREAS, the Authority desires to designate the Chino Hills City Clerk as the Filing
Officer for financial disclosures, conflicts of interest and other requirements of the Political
Reform Act of 1974;
WHEREAS, the Authority desires to establish an Administrative Director position that
will be filled by the City Manager that is not serving as the Executive or Deputy Executive
Director;
WHEREAS, the Authority desires to designate the Chino Hills Finance Director to
serve as Treasurer which will not be subject to the administrative rotation between the
Member Agencies for accounting and auditing purposes; and
WHEREAS, the establishment of By -Laws providing for such designations and
positions is necessary for the administrative continuity, efficiency and transparency in the
on -going operations of the Authority.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Tres
Hermanos Conservation Authority as follows:
Section 1. By -Laws of the Tres Hermanos Conservation Authority are hereby
established and approved as provided in Exhibit No. 1, attached hereto.
SECTION 2. This resolution shall take effect immediately upon its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 16th day of December 2020.
Steve Tye
Chair
Tres Hermanos Conservation Authority
Resolution No. THCA 2020-03
Page 2
ATTEST:
I, Julie Gutierrez -Robles, 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 December 2020, by the following Roll Call vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
Julie Gutierrez -Robles
Secretary
Tres Hermanos Conservation Authority
Attachments:
Exhibit 1: By -Laws of the Tres Hermanos Conservation Authority
BY-LAWS
TRES HERMANOS CONSERVATION AUTHORITY
Adopted:
Reso
Table of Contents
Section Page
l.l Authority..............................................................................................................1
1.2 Definitions............................................................................................................1
1.3 Custodian of Records.........................................................................................1
1.4 Filing Officer.........................................................................................................1
1.5 Administrative Director Position Created.........................................................2
1.6 Rotation of Administration.................................................................................2
1.7 Amendments to By-Laws...................................................................................2
BY-LAWS
of the
TRES HERMANOS CONSERVATION AUTHORITY
1.1 Authority
The following By -Laws are hereby established in accordance with Section
2.4.J of the Amended and Restated Tres Hermanos Conservation Authority
Joint Powers Agreement (JPA). Nothing contained in these By -Laws is
intended to conflict with or nullify any provisions of the JPA. Should a
conflict be determined to exist between the JPA and these By -Laws, the
JPA shall prevail.
1.2 Definitions
Unless otherwise specified herein, all Definitions contained in the JPA shall
also apply to these By -Laws.
1.3 Custodian of Records
Section 3.3 of the JPA provides for the principal office of the Authority to be
the City Hall of the Member whose City Manager is serving as Executive
Director.
To provide for administrative continuity, efficiency and transparency as the
principal office rotates, Chino Hills City Hall shall be considered the office
where all official and permanent records shall be retained. A Records
Retention Schedule determining the disposition of official records shall be
established by Resolution of the Board.
1.4 Filing Officer
Section 3.15 of the JPA requires all Directors and their alternates to file
annual statements of economic interests. The Chino Hills City Clerk shall
serve as the Filing Officer for financial disclosures, conflict of interests, and
other requirements of the Political Reform Act of 1974.
By -Laws of the Tres Hermanos Conservation Authority 1
1.5 Administrative Director Position Created
Sections 3.7 through 3.1 1 of the JPA establish certain positions to carry out
the administrative responsibilities of the Authority. Section 3.12 provides for
the rotation of such positions between the Members. An Administrative
Director position is hereby created to provide for the administrative
continuity and efficiency of the Authority.
The City Manager that is not serving as either the Executive Director or
Deputy Executive Director as provided for in JPA Section 3.12 shall serve as
the Administrative Director. The Administrative Director shall provide
assistance to the Executive and Deputy Executive Directors as necessary in
the day-to-day management and operation of the Authority, and may
serve as the Executive Director in the absence of both the Executive and
Deputy Executive Directors.
1.6 Rotation of Administration /Treasurer
Section 3.12 of the JPA provides for the rotation of the Executive Director,
Deputy Executive Director, Treasurer, and Secretary. To provide for
continuity, efficiency, transparency and best management accounting
and auditing practices as the Administration rotates, the Chino Hills Finance
Director shall serve as Treasurer for the term of this JPA.
1.7 Amendments to By -Laws
The By -Laws may be amended or repealed in writing by a majority vote of
the Board as provided for in Chapter 6 of the JPA.
By -Laws of the Tres Hermanos Conservation Authority 2
TRES HERMANOS CONSERVATION AUTHORITY
ITEM N0. 5.2
TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. > _�
STAFF REPORT
Date: December 16, 2020
To: Chair and Board of Directors �_
From: Troy Helling, Executive Director 1 �J
Subject: Rotation of Treasurer Duties
Recommendation:
1. That the Authority approve the Finance Director at the City of Chino Hills as the
Treasurer until the Board determines otherwise.
2. Adopt a resolution entitled; A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TRES HERMANOS CONSERVATION AUTHORITY ADOPTING A BUDGET
AMENDMENT FOR FISCAL YEAR 2020-21 INCREASING THE BUDGET BY
$15,000 FOR TREASURER DUTIES
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 3.12, Rotation of Administration, the Treasurer function is
supposed to rotate between the City of Chino Hills (Chino Hills) and the City of Industry
every two years. The first rotation is set to take place on January 1, 2021.
The Treasurer role and other finance duties take approximately 20 hours a month to
complete, Currently, Chino Hills has the financial audit as a component of their audit
contract, so the Authority pays a nominal fee, If we have to get a stand-alone agreement
for Tres Hermanos, it may be difficult to get audit firms to bid on the contact. If audit firms
Jo bid on the contract, the cost will most likely increase significantly to make it beneficial
for them to take on. Having good internal controls is also very important and it will be
hard to ensure this is happening if the function rotates regularly. The City of Chino Hills
Finance Department has sufficient staffing to keep the additional workload and to allow
for good internal controls; therefore, staff recommends keeping the Treasurer function
with the City of Chino Hills.
If approved, the Treasurer function would no longer rotate which means only Chino Hills
will be spending staff time on the functions as opposed to the workload rotating to the
other cities, In order to keep the arrangement equitable, it is recommended that Chino
Hills be reimbursed starting January 1, 2021, since they will perform the work every year.
Chino Hills proposes to charge based on actual time spent times the fully burdened hourly
rate. The rate for Fiscal Year (FY) 20-21 is $118.36. A budget amendment of $15,000,
split evenly across all three cities, is recommended to cover the remainder of FY 20-21.
Based on an estimate %J 20 hours per month at the fully burdened hourly rate, the annual
amount for FY 21/22 should not exceed $30,000 and will be split evenly across all three
cities. Chino Hills' staff will track their time starting January 1, 2021, to charge based on
actual time spent and to help develop a more accurate budget figure for future years.
Fiscal Impact:
The proposed budget amendment will increase the expenditure budget by $15,000 and
decrease the projected ending fund balance by $15,000. Authority staff anticipates the
fund balance carryover from the prior fiscal year can cover this amount, so no additional
funding will be needed from the member cities. Future costs will be budgeted for in the
appropriate fiscal year.
Respectfully submitted,
Christina Buhagiar
Treasurer
Attachments
Reviewed by,
Date:
Requested by:
City:
FXPFNI�ITURFS
Exhibit No. 1
Tres Hermanos Conservation Authority JPA
BUDGET AMENDMENT
BA # 21 B002
12/16/2020
Brenda Ramirez
of Chino Hills -Treasurer
Fiscal Year: 2020-21
Amount: $ 15,000,00
Description: Appropriate fund balance for
Treasurer Duties
Account Description
Current
Budget
Proposed
Amendment
Amended
Budget
Professional Services - Treasurer - Financial Services
$ -
$ 15,000.00
$ 15,000,00
RFVFNI /FS
Account Description
Current
Budget
Proposed
Amendment
Amended
Budget
REASON/JUSTIFICATION
To appropriate fund balance of $15,000 for Treasurer Duties.
RESOLUTION NO. THCA 2020-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRES HERMANOS CONSERVATION AUTHORITY ADOPTING A
BUDGET AMENDMENT FOR FISCAL YEAR 2020-21
INCREASING THE BUDGET BY $15,000 FOR TREASURER
DUTIES
WHEREAS, Section 5.4 of the Tres Hermanos Conservation Authority Joint Powers
Agreement (JPA) requires that expenditures shall be within the limitations of the approved
annual budget, and as required for emergency repairs, or as such budget is amended by
the Board; and
WHEREAS, at a public meeting on April 15, 2020, the Executive Director presented
and the Board of Directors adopted a budget for the Fiscal Year 2020-21 commencing
July 1, 2020, and ending June 30, 2021; and
WHEREAS, amendments must periodically be made to the budget to conform to
changed circumstances following adoption of the budget.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Conservation Authority as follows:
Section 1. Budget Amendment No. 21 B002 is hereby approved as reflected on
Exhibit No. 1, attached hereto.
SECTION 2. This resolution shall take effect immediately upon its passage and
adoptioHo
PASSED, APPROVED, AND ADOPTED this 16th day of December 2020.
Steve Tye
Chair
Tres Hermanos Conservation Authority
Julie Gutierrez -Robles
Authority Secretary
Tres Hermanos Conservation Authority
Resolution No. THCA 2020-04
ATTEST:
I, Julie Gutierrez -Robles, 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 December 2020, by the following Roll Call vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
Julie Gutierrez -Robles
Secretary
Tres Hermanos Conservation Authority
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 5.3
TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
Date: December 16, 2020
To: Chair and Board of Directors
From: Troy Helling, Executive Director r 4
AGENDA NO. )J
Subject: Agreement for Professional Services with C & C Engineering, Inc. for
professional civil engineering services and field operations management
Recommendation:
1. It is recommended that the Board of Directors authorize the execution of a three
and a half -year professional services agreement with two additional one-year
renewal options with C & C Engineering, Inc., for on -call professional civil
engineering and field operation management services in an amount not to exceed
$8570000
Background/Analysis:
There are a variety of projects and tasks that can arise at any given time on the Tres
Hermanos Property. C & C Engineering, Inc. (C & C) dba CNC Engineering, Inc. has been
providing on -call engineering and field operation management related to Tres Hermanos
for the City of Industry for many years and is very familiar with the property. The proposed
Agreement with C & C would continue those services with the Authority and under the
direction of the Board. The span of field operation management tasks can vary and
include, but are not limited to, coordinating property maintenance at the tenant house for
plumbing and electrical repairs, inspections, painting, tree trimming, cattle rancher
coordination and management and utility coordination. Several engineering tasks include
conducting water surface elevation measurements at the Arnold Reservoir Dam, if
needed, and addressing any drainage issues, roadway rehabilitations and any grading
design for the property. Engineering projects would be reviewed and approved by the
Authority's three City Engineers. The Agreement will be roughly for three and a half years
to align with the fiscal year and services would be provided at the direction of the
Executive Director.
The Executive Director has determined that the RFP process is unnecessary for this
agreement because C &C Engineering, Inc. is the best provider based on their extensive
history with the property and their demonstrated ability to manage the property for minimal
cost. Currently the authority has continued to pay invoices to C & C without a direct
contract, but should the authority approve this agreement, future invoices will be paid
under the terms and conditions of this contract. Staff is estimating expenditures of $5,000
for the remainder of this fiscal year and approximately $16,000 per year for the following
fiscal years for a total contract amount of $85,000.00
Fiscal Impact:
The current budgeted amount for professional services should cover this amount and
future agreement costs will be budgeted for in the appropriate fiscal year.
Attachment: Agreement for Professional Services Between Tres Hermanos
Conservation Authority and C & C Engineering, Inc.
PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT
BETWEEN TRES HERMANOS CONSERVATION AUTHORITY AND
C & C ENGINEERING, INC.
THIS AGREEMENT made and entered into as %J the date last signed below,
between the TRES HERMANOS CONSERVATION AUTHORITY, a joint powers
authority, hereinafter referred to as "Authority" and C & C Engineering, Inc.,
hereinafter referred to as "Consultant". In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part
hereof. Consultant shall submit its work to the Authority for its review after
completing each phase of the project as described in Exhibit A, or when otherwise
requested by the Authority. Consultant shall, at its own cost, make any revisions of
its own work as required by the Authority and re -do, at its own cost, any work which
the Authority finds unsatisfactory due to Consultant's or subcontractor's errors or
omissions. Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough, competent
and professional manner and shall, at all times during the term of this Agreement,
have in full force and effect, all licenses required of it by law. Consultants shall begin
its services under this Agreement on December 17, 2020.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the Authority a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant shall at all
times be under Consultant's exclusive direction and control. Neither Authority nor
any of its officers, employees or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees or agents, except as set forth
in this Agreement. Consultant shall not at any time or in any manner represent that
it or any of its officers, employees or agents are in any manner officers, employees
or agents of the Authority. Consultant shall not incur or have the power to incur any
debt, obligation or liability whatever against Authority, or bind Authority in any
manner. Consultant shall not disseminate any information or reports gathered or
created pursuant to this Agreement without the prior written approval of Authority
except information or reports required by government agencies to enable
Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.
Consultant shall keep itself informed of applicable local, state and federal laws and
regulations which may affect those employed by it or in any way affect the
performance of its services pursuant to this Agreement. Consultant shall observe
and comply with all such laws and regulations affecting its employees. Authority
and its officers and employees, shall not be liable at law or in equity as a result of
any failure of Consultant to comply with this section.
PSA Page 1 of 12 Engineering &Field Operation Mgt.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to perform the
services hereunder and shall obtain the approval of the Executive Director of all
proposed staff members performing services under this Agreement prior to any such
performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation to
the Consultant shall be as set forth in Exhibit B "Compensation" attached hereto and
made a part hereof. Total compensation shall not exceed $85,000. Payments shall
be made within forty-five (45) days after receipt of each invoice as to all undisputed
fees. If the Authority disputes any of consultant's fees, it shall give written notice to
Consultant within 30 days of receipt of an invoice of any disputed fees set forth on
the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be
compensated for any services rendered in connection with its performance of this
Agreement which are in addition to those set forth herein or listed in Exhibit A, unless
such additional services are authorized in advance and in writing by the Executive
Director. Consultant shall be compensated for any additional services in the
amounts and in the manner as agreed to by Executive Director and Consultant at
the time Authority's written authorization is given to Consultant for the performance
of said services.
7. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with Consultant.
Consultant shall not assign to any subcontractor the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without the prior written
consent of Executive Director.
8. FACILITIES AND RECORDS. Consultant shall maintain complete
and accurate records with respect to sales, costs, expenses, receipts and other such
information required by Authority that relate to the performance of services under
this Agreement. Consultant shall maintain adequate records of services provided
in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. Consultant shall provide free access to
the representatives of Authority or its designees at reasonable times to such books
and records, shall give Authority the right to examine and audit said books and
records, shall permit Authority to make transcripts therefrom as necessary, and shall
allow inspection of all work, data, documents, proceedings and activities related to
this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
PSA Page 2 of 12 Engineering &Field Operation Mgt.
9. TERMINATION OF AGREEMENT. This Agreement will terminate on
June 30, 2024, unless otherwise extended in advance and in writing by the Authority
Executive Director for an additional two (2) one-year renewal options. This
Agreement may be terminated with or without cause by either party upon 30 days
written notice. In the event of such termination, Consultant shall be compensated
for non -disputed fees under the terms of this Agreement up to the date of
termination.
10. COOPERATION BY AUTHORITY. All public information, data,
reports, records, and maps as are existing and available to Authority as public
records, and which are necessary for carrying out the work as outlined in the Scope
of Services, shall be furnished to Consultant in every reasonable way to facilitate,
without undue delay, the work to be performed under this Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or
in the event of termination, suspension or abandonment of, this Agreement, all
original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall, become
the sole property of Authority. With respect to computer files, Consultant shall make
available to the Authority, upon reasonable written request by the Authority, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST.
(a) All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without
Authority's prior written authorization excepting that information which is a public
record and subject to disclosure pursuant to the California Public Records Act,
Government Code § 6250, et seq. Consultant, its officers, employees, agents or
subcontractors, shall not without written authorization from the Executive Director or
unless requested by the Authority Attorney, voluntarily provide declarations, letters
of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any project or
property located within the Authority. Response to a subpoena or court order shall
not be considered "voluntary" provided Consultant gives Authority notice of such
court order or subpoena.
If Consultant or any of its officers, employees, consultants or subcontractors
does voluntarily provide information in violation of this Agreement, Authority has the
right to reimbursement and indemnity from Consultant for any damages caused by
Consultant's conduct, including the Authority's attorney fees.
Consultant shall promptly notify Authority should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder or with respect to any
PSA Page 3 of 12 Engineering &Field Operation Mgt.
project or property located within the Authority. Authority retains the right, but has
no obligation, to represent Consultant and/or be present at any deposition, hearing
or similar proceeding. Consultant agrees to cooperate fully with Authority and to
provide Authority with the opportunity to review any response to discovery requests
provided by Consultant. However, Authority's right to review any such response
does not imply or mean the right by Authority to control, direct, or rewrite said
response.
(b) Consultant covenants that neither they nor any officer or principal of
their firm have any interest in, or shall they acquire any interest, directly or indirectly
which will conflict in any manner or degree with the performance of their services
hereunder. Consultant further covenants that in the performance of this Agreement,
no person having such interest shall be employed by them as an officer, employee,
agent, or subcontractor without the express written consent of the Executive
Director. Consultant further covenants that Consultant has not contracted with nor
is performing any services directly or indirectly with any developer(s) and/or property
owners) and/or firm(s) and/or partnerships owning property in the Authority or the
study area and further covenants and agrees that Consultant and/or its
subcontractors shall provide no service or enter into any agreement or agreements
with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships
owning property in the Authority or the study area prior to the completion of the work
under this Agreement without the express written consent of the Executive Director.
13. DEFAULT. In the event that Consultant is in default of any of the
provisions of this Agreement, Authority shall have no obligation or duty to continue
compensating Consultant for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Consultant.
14. INDEMNIFICATION.
(a) Consultant represents it is skilled in the professional calling necessary
to perform the services and duties agreed to hereunder by Consultant, and Authority
relies upon the skills and knowledge of Consultant. Consultant shall perform such
services and duties consistent with the standards generally recognized as being
employed by professionals performing similar service in the State of California.
(b) Consultant is an independent contractor and shall have no authority
to bind Authority nor to create or incur any obligation on behalf of or liability against
Authority, whether by contract or otherwise, unless such authority is expressly
conferred under this agreement or is otherwise expressly conferred in writing by
Authority. Authority, its elected and appointed officials, officers, agents, employees
and volunteers (individually and collectively, "Indemnitees") shall have no liability to
Consultant or to any other person for, and Consultant shall indemnify, defend,
protect and hold harmless the Indemnitees from and against, any and all liabilities,
claims, actions, causes of action, proceedings, suits, damages, judgments, liens,
levies, costs and expenses of whatever nature, including reasonable attorneys' fees
and disbursements (collectively "Claims"), which the Indemnitees may suffer or
incur or to which the Indemnitees may become subject by reason of or arising out
of any injury to or death of any person(s), damage to property, loss of use of
PSA Page 4 of 12 Engineering &Field Operation Mgt.
property, economic loss or otherwise occurring as a result of or allegedly caused by
the negligent or wrongful acts or omissions of Consultant, its agents, officers,
directors or employees, in performing any of the services under this agreement.
Consultant represents and warrants that it is aware of the requirements of
Assembly Bill 5, Worker Status: Employees and Independent Consultants, effective
January 1, 2020, including the provisions set forth in California Labor Code Section
2750.3. Consultant agrees to fully comply with the provisions of AB 5 and Labor
Code Section 2750.3. Consultant shall indemnify, defend and hold harmless, the
Authority, its officers, employees and agents, from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
)roceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including legal counsel fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out
of, are a consequence of, or are in any way attributable to, in whole or in part,
Consultant's or by any individual or agency for which Consultant is legally liable,
including but not limited to officers, agents, employees or Subconsultants of
Consultant, failure or alleged failure to comply with the provisions of AB 5 and/or
Labor Code Section 2750.3. The provisions of this subsection (c) shall be effective
as of December 17, 2020.
If any action or proceeding is brought against the Indemnitees by reason of
any of the matters against which Consultant has agreed to indemnify the
Indemnitees as above provided, Consultant, upon notice from the Authority, shall
defend the Indemnitees at Consultant's expense by counsel acceptable to the
Authority. The Indemnitees need not have first paid any of the matters as to which
the Indemnitees are entitled in order to be so indemnified. The insurance required
to be maintained by Consultant under paragraph 15 shall ensure Consultant's
obligations under this paragraph 14(b), but the limits of such insurance shall not limit
the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall
survive the expiration or earlier termination of this agreement.
The Consultant's indemnification does not extend to Claims occurring as a
result of the Authority's sole negligent or willful acts or omissions.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and maintain
insurance acceptable to the Authority Attorney in full force and effect throughout the
term of this Agreement, against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder
by Consultant, its agents, representatives or employees. Insurance is to be placed
with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise
approved and accepted by the Executive Director or his/her designee in writing.
Consultant shall provide the following scope and limits of insurance:
(1) Minimum Scope of Insurance. Coverage shall be at least as
broad as:
(a) Insurance Services Office form Commercial General
Liability coverage (Occurrence Form CG 0001).
PSA Page 5 of 12 Engineering &Field Operation Mgt.
(b) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, including code 1 "any auto" and endorsement
CA 0025, or owned, hired, non -owned, scheduled, non-scheduled or rented
vehicles, (or combination thereof dependent upon work being performed under
contract), or equivalent forms subject to the written approval of the Authority.
(c) Workers' Compensation insurance as required by the
Labor Code of State of California and Employer's Liability insurance and covering
all persons providing services on behalf of the Consultant and all risks to such
persons under this Agreement.
(d) Errors and omissions liability insurance appropriate to the
Consultant's profession.
(2) Minimum Limits of Insurance. Consultant shall maintain limits
of insurance no less than:
(a) General Liability: $2,000,000 per occurrence
($4,000,000 aggregate) for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply separately to the activities
related to this Agreement or the general aggregate limit shall be twice the required
occurrence limit.
(b) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(c) Workers' Compensation and Employer's Liability:
Workers' Compensation as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
(d) Errors and Omissions Liability: $1,000,000 per claim.
If coverage is maintained on a claims -made basis, Consultant/Contractor
shall maintain such coverage for an additional period of three (3) years following
termination of the contract.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
(1) All Policies. Each insurance policy required by this paragraph
15 shall be endorsed and state the coverage shall not be suspended, voided,
canceled by the insurer or either party to this Agreement, reduced in coverage or in
limits except after 30 days' prior written notice by Certified mail, return receipt
requested, has been given to the Authority.
(2) General Liability and Automobile Liability Coverages.
(a) Authority, its officers, officials, and employees and
volunteers are to be covered as additional insureds as respects: liability arising out
of activities Consultant performs, products and completed operations of Consultant;
premises owned, occupied or used by Consultant, or automobiles owned, leased or
hired or borrowed by Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to Authority, its officers, officials, or employees.
(b) Consultant's insurance coverage shall be primary
insurance as respect to Authority, its officers, officials, employees and volunteers.
PSA Page 6 of 12 Engineering &Field Operation Mgt.
Any insurance or self-insurance maintained by Authority, its officers, officials,
employees or volunteers shall apply in excess of, and not contribute with,
Consultant's insurance.
(c) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage
provided to the Authority, its officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the Executive Director otherwise agrees in writing, the insurer shall agree to
waive all rights of subrogation against Authority, its officers, officials, employees and
agents for losses arising from work performed by Consultant for Authority.
C. Other Requirements. Consultant agrees to deposit with Authority, at
or before the effective date of this contract, certificates of insurance necessary to
satisfy Authority that the insurance provisions of this contract have been complied
with. The Authority Attorney may require that Consultant furnish Authority with
copies of original endorsements effecting coverage required by this Section. The
certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Authority reserves the right to inspect
complete, certified copies of all required insurance policies, at any time.
(1) Consultant shall furnish certificates and endorsements from
each subcontractor identical to those Consultant provides.
(2) Any deductibles or self -insured retentions must be declared to
and approved by Authority. At the option of the Authority, either the insurer shall
reduce or eliminate such deductibles or self -insured retentions as respects the
Authority, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
(3) The procuring of such required policy or policies of insurance
shall not be construed to limit Consultant's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT
STATEMENT. In performing this Agreement, the Parties shall not discriminate or
grant preferential treatment on the basis of race, sex, color, age, religion, sexual
orientation, disability, ethnicity, or national origin, and shall comply, to the fullest
extent allowed by law, with all applicable local, state and federal laws relating to
nondiscrimination.
17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees
to comply with all of the provisions of the Federal Immigration and Nationality Act (8
U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not
employ unauthorized aliens as defined therein. Should Consultant so employ such
unauthorized aliens for the performance of work and/or services covered by this
PSA Page 7 of 12 Engineering &Field Operation Mgt.
contract, and should the Federal Government impose sanctions against the
Authority for such use of unauthorized aliens, Consultant hereby agrees to, and
shall, reimburse Authority for the cost of all such sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by the Authority in connection
therewith.
18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire
and exclusive expression of the Agreement between the parties hereto and
supersedes any and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to this Agreement
acknowledges that no representations by any party which are not embodied herein
and that no other agreement, statement, or promise not contained in this Agreement
shall be valid and binding.
19. GOVERNING LAW. The Authority and Consultant understand and
agree that the laws of the State of California shall govern the rights, obligations,
duties and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the San Bernardino County Superior Court.
20. ASSIGNMENT OR SUBSTITUTION. Authority has an interest in the
qualifications of and capability of the persons and entities who will fulfill the duties
and obligations imposed upon Consultant by this Agreement. In recognition of that
interest, neither any complete nor partial assignment of this Agreement may be
made by Consultant nor changed, substituted for, deleted, or added to without the
prior written consent of Authority. Any attempted assignment or substitution shall
be ineffective, null, and void, and constitute a material breach of this Agreement
entitling Authority to any and all remedies at law or in equity, including summary
termination of this Agreement. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement.
21. MODIFICATION OF AGREEMENT. The terms of this Agreement can
only be modified in writing approved by the Authority Executive Director and the
Consultant. The Authority Board will be informed of any approved modified
agreement at the first possible JPA public meeting. The parties agree that this
requirement for written modifications cannot be waived and any attempted waiver
shall be void.
22. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he/she/they
has/have the authority to execute this Agreement on behalf of his/her/their
corporation and warrants and represents that he/she/they has/have the authority to
bind Consultant to the performance of its obligations hereunder.
23. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice by email, or upon
PSA Page 8 of 12 Engineering &Field Operation Mgt.
such party deposited in the custody of the United States Postal Service addressed
as follows:
Authority.
Attention: JUlie Gutierrez -Robles,
Authority Secretary
City of Industry
15625 E. Stafford Street
City of Industry, California 91744
Email: jgrobles@cityofindustry.org
Consultant.
Attention: Clement Calvillo, President
C & C Engineering, Inc.
255 N. Hacienda Blvd., Suite 222
City of Industry, CA 91744
The notices shall be deemed to have been given as of the date of personal service,
or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service.
24. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, the main body of this Agreement takes precedence over the attached
Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency
between the Exhibits will be resolved in the order in which the Exhibits appear
below:
A. Exhibit A: Scope of Services
B. Exhibit B: Compensation
25. SEVERABILITY
The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of the other provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
bVW executed the day and year last written below.
PSA Page 9 of 12 Engineering &Field Operation Mgt.
TRES HERMANOS CONSERVATION C & C Engineering, Inc.
AUTHORITY
Steve Tye, Chair
(Date)
Attest.
Julie Gutierrez -Robles
Secretary
(Date)
APPROVED AS TO FORM.
Tracy I Egoscue
Authority General Counsel
Signature
Clement N. Calvillo
(Typed/Printed Name)
President
(Title)
(Date)
PSA Page 10 of 12 Engineering &Field Operation Mgt.
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services:
• Conduct water surface elevation measurements at the Arnold Reservoir
Dam as needed — no more than once per week
• Provide on -call civil engineering services, as needed, including land
surveying including but not limited to:
o Drainage issues
o Roadway rehabilitations
o Grading design
o Miscellaneous engineering tasks, as needed
• Coordination of the following tasks:
o Plumbing repairs
o Electrical repairs
o Carpentry/masonry
o Landscaping
o Appliance replacement/repair
o Inspections (lead, asbestos, Building and Safety permitting — Chino
Hills)
o Painting
o Fence/gate repair
o Environmental/Biological coordination
o Weed abatement (along Diamond Bar and Chino Hills
houses/property lines, on reservoir, around tenant home)
o Rodent Control (on reservoir, around tenant home)
o Waterline repairs
o Tree trimming
o Heavy Equipment repairs, if necessary
o Trash contractor for one-off dumpster service for clean ups
o Coordinating requested access for utilities, such as Southern
California Edison & SoCal Gas Co.
o Coordination with contractors to work at Tres Hermanos
o Coordination with Chino Hills Fire for weed abatement inspections
o Coordination with security contractor regarding concerns or gate
issues
o Communication with cattle rancher tenants regarding any issues
such as water line leaks and fence/gate repair
• Any other services requested by the Executive Director
PSA Page 11 of 12 Engineering &Field Operation Mgt.
EXHIBIT D
COMPENSATION
The estimate of annual expenditures is $16,000.00 which shall be used to
establish the budget for any extensions if the executive director approves any
extensions.
CLASSIFICATION
RATE/HOUR
Director of Engineering
$225,00
Senior Project Manager
$185.00
Project Manager
$170.00
Project Engineer
$150.00
Design Engineer
$135.00
Field Operations Project Manager
$185000
Senior Field Operations
$170000
Director of Survey
$195.00
One Person Crew
$165000
Two Person Crew
$260.00
Three Person Crew
$335400
dministrative Assistant
$85.00
PSA Page 12 of 12 Engineering &Field Operation Mgt.