HomeMy WebLinkAbout2022.04.13 - THCA - Agenda - Special Meeting (amended)Amended to reflect teleconference only meeting.
Copies 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 SPECIAL MEETING
APRIL 13, 2022 AGENDA
1:30 p.m.
CITY OF DIAMOND BAR
21810 COPLEY DR.
DIAMOND BAR, CALIFORNIA
Chair, Cathy Marcucci
Vice-Chair, Nancy Lyons
Director, Ray Marquez
Director, Cory Moss
Director, Peter Rogers
Director, Newell Ruggles
Director, Steve Tye
Addressing the Authority:
NOTICE OF TELEPHONIC MEETING:
Consistent with State Assembly Bill 361, 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 (562) 247-8422 and entering the Access Code: 209-289-226.
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 1:30 p.m. on the da y of the
meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will
be distributed to the Authority Directors and noted for the record at the meeting.
Alternatively, public comment may be submitted by logging onto the meeting through this
link:https://attendee.gotowebinar.com/register/8066358571892172556. 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.
APRIL 13, 2022 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 only matters on the agenda. Although we value your
comments, pursuant to the Brown Act, members of the Authority or Staff may
briefly respond to public comments if necessary, but no extended discussion and
no action on such matters may take place. Comments are limited to five minutes
per speaker.
3. CONSENT CALENDAR:
3.1 Continued Use of Teleconferencing in Accordance with Assembly Bill 361
for Meetings of the Tres Hermanos Conservation Authority.
Recommendation:
Adopt Resolution No. THCA 2022-07 entitled: A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION
AUTHORITY MAKING SPECIFIED FINDINGS RELATING TO THE USE
OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL
361 FOR MEETINGS OF THE AUTHORITY SUBJECT TO STATE OPEN
MEETING LAWS.
4. OLD BUSINESS:
There is none.
5. NEW BUSINESS:
5.1 Modification to Regular Meeting Times
Recommendation:
That the Board of Directors adopt Resolution No. THCA 2022-08
establishing Regular Meeting times as the Second Wednesday of the
month at 6:00 pm at City of Diamond Bar City Hall.
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
7. ADJOURNMENT:
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.1
3.1
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TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
AGENDA NO. 3.1
Date: April 13, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Continued Use of Teleconferencing in Accordance with Assembly Bill
361 for Meetings of the Tres Hermanos Conservation Authority.
Recommendation:
Adopt Resolution No. THCA 2022-07 entitled: A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY MAKING
SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN
ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE AUTHORITY
SUBJECT TO STATE OPEN MEETING LAWS.
Background/Discussion:
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed AB 361 (effective October 1, 2021), which authorizes a local agency to use
teleconferencing without complying with certain teleconferencing requirements imposed
by the Brown Act when: (1) the legislative body of a local agency holds a meeting during
a declared state of emergency; (2) when state or local health officials have imposed or
recommended measures to promote social distancing; and/or (3) when a local agency
has determined that meeting in person would present imminent risks to the health or
safety of attendees.
The Authority first utilized the provisions of AB 361 at its Special meeting on October
25, 2021. In order to continue to have the ability to use the modified teleconferencing
options, AB 361 requires that the Authority re-affirm its findings every 30 days
thereafter. Conditions under which AB 361 may be utilized continue to exist as
described in the attached Resolution (Attachment 1).
The Authority is currently going beyond what the Brown Act requires by holding
meetings in person and by way of teleconference and allowing the public to participate
in both forums. The provisions of AB 361 allowing the modified teleconferencing will
expire January 1, 2024.
Fiscal Impact:
No fiscal impact.
Legal Review:
3.1
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The Authority General Counsel has reviewed and approved the Resolution as to form.
Respectfully Submitted,
Reviewed By,
Attachments:
1. THCA Reso No. 2022-07 AB 361
3.1
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RESOLUTION NO. THCA 2022-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRES HERMANOS CONSERVATION AUTHORITY MAKING
SPECIFIED FINDINGS RELATING TO THE USE OF
TELECONFERENCING IN ACCORDANCE WITH
ASSEMBLY BILL 361 FOR MEETINGS OF THE AUTHORITY
SUBJECT TO STATE OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of
California to follow orders and guidance of local public health officials, including social
distancing and masking requirements; and
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires,
with specified exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public, that a physical location for such meetings
be provided, and that the public be permitted to provide public comment during the
meetings; and
WHEREAS, the Brown Act permits members of legislative bodies to
teleconference into public meetings subject to certain conditions, including that the place
from which the member teleconferences be open to the public, that an agenda be posted
on the site, and that the teleconference location be noticed in the agenda; and
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended,
among others, these Brown Act teleconferencing requirements to provide local agencies
with greater flexibility to hold meetings via teleconferencing safely; and
WHEREAS, as of September 30, 2021, the Governor’s Executive Order
suspending the Brown Act’s teleconferencing requirements expired; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361,
which authorizes a local agency to continue to use teleconferencing without complying
with certain teleconferencing requirements imposed by the Brown Act when: (1) the
legislative body of a local agency holds a meeting during a declared state of emergency;
(2) when state or local health officials have imposed or recommended measures to
promote social distancing; and/or (3) when a local agency has determined that meeting
in person would present imminent risks to the health or safety of attendees; and
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due to continued community spread of COVID-19 cases;
and
3.1.a
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Resolution No. THCA 2022-07
2
WHEREAS, the Authority first utilized the provisions authorized by AB 361 at a
Special meeting on October 25, 2021, and subsequently adopted Resolution Nos. THCA
2021-06, 2021-07, 2022-01, 2022-02, 2022-03 and 2022-04 re-affirming its continued
use.
WHEREAS, the Authority must approve a Resolution reaffirming that the
requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members
of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public
meetings via teleconferencing; and
WHEREAS, notwithstanding that the Authority, as defined by the Brown Act, are
now holding modified public meetings in person, there may be situations in which a Board
of Director(s) decides not to attend in person due to a particular health or safety risk posed
by such attendance and as such, it is the desire of the Authority to permit its Board of
Directors to attend by way of teleconference pursuant to Assembly Bill 361.
NOW, THEREFORE, THE BOARD OF THE TRES HERMANOS
CONSERVATION AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the above recitals are true and correct. and based thereon, that
the spread and potential further spread of COVID-19 poses an imminent risk to the public
health and safety.
Section 2. That meetings of the Tres Hermanos Conservation Authority are held
in the City of Diamond Bar, in the County of Los Angeles, in the State of California.
Section 3. That a state of emergency due to the COVID-19 pandemic continues
to exist and at the time that this Resolution was adopted both Los Angeles County and
State health officials are recommending social distancing to slow the spread of COVID-
19.
Section 4. That meeting in person may pose an imminent risk to the health and
safety of some attendees, including members of the Authority Board of Directors, who
due to age, health conditions, or vaccination status, have a higher risk of contracting
COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19.
Section 5. That during the effective period of this Resolution and any reaffirmation
thereof, Authority Board of Directors may participate in meetings subject to the Brown Act
by way of teleconference in accordance with Assembly Bill 361.
Section 6. That meetings shall be held in accordance with AB 361 by, among
other things, providing notice to the public how it can access the meeting and provide
public comment, providing an opportunity for the public to attend via a call-in or an
internet-based service option, conducting the meeting in a manner which protects the
statutory and constitutional rights of the public, and stopping the meeting until public
access is restored in the event of a service disruption.
3.1.a
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Resolution No. THCA 2022-07
3
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date. Subsequent appearances by teleconferencing of the Board of Directors
must be affirmed/acknowledged every 30 days by the Tres Hermanos Conservation
Authority in order for the provisions of Assembly Bill 361 to continue to apply.
PASSED, APPROVED AND ADOPTED this 13th day of April, 2022.
_______________________________
Cathy Marcucci, 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 passed, approved and adopted by the
Board of Directors of the Tres Hermanos Conservation Authority at a Special meeting held
on the 13th day of April, 2022, by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
_______________________________
Kristina Santana
Secretary
Tres Hermanos Conservation Authority
3.1.a
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 5.1
5.1
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TRES HERMANOS CONSERVATION AUTHORITY
STAFF REPORT
AGENDA NO. 5.1
Date: April 13, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Modification to Regular Meeting Times
Recommendation:
That the Board of Directors adopt Resolution No. THCA 2022-08 establishing Regular
Meeting times as the Second Wednesday of the month at 6:00 pm at City of Diamond
Bar City Hall.
Background/Discussion:
Section 3.4 of the Tres Hermanos Conservation Authority Joint Powers Agreement
(JPA) requires that all meetings of the Conservation Authority be called, noticed and
conducted in accordance with the Ralph M. Brown Act or other relevant open meeting
laws. Section 3.4 of the JPA also requires that the Board of Directors establish regular
meeting times for the Authority by resolution. Meetings are to be held at the City Hall of
the Member whose City Manager serves as Executive Director, which is currently the
City of Diamond Bar.
Chair Marcucci has requested that the Board consider selecting a different regular
meeting date for at least the balance of the year to accommodate her schedule. Based
upon anticipated availability of Board Members, Staff and facilities at the City of
Diamond Bar, it is proposed that the Regular meetings be moved from the Third
Wednesday to the Second Wednesday of the month.
Therefore, the attached Resolution would establish the Regular Meeting time as the
Second Wednesday of each month at 6:00 pm at Diamond Bar City Hall.
Respectfully Submitted,
Reviewed By,
Attachments:
5.1
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1. Resolution No. THCA 2022-08 Meeting Times
5.1
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RESOLUTION NO. THCA 2022-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES
HERMANOS CONSERVATION AUTHORITY REVISING AND
ESTABLISHING REGULAR MEETING TIMES.
WHEREAS, Section 3.4 of the Tres Hermanos Conservation Authority Joint
Powers Agreement (JPA) requires that all meetings of the Conservation Authority be
called, noticed and conducted in accordance with the Ralph M. Brown Act;
WHEREAS, Section 3.4 of the (JPA) also requires the Board of Directors to
establish regular meeting times for the Authority by resolution;
WHEREAS, Section 3.4 of the JPA further designates that meetings shall be held
at the city hall of the Member whose City Manager is serving as Executive Director, which
is currently the City of Diamond Bar;
WHEREAS, the Authority adopted Resolution No. THCA 2019-02 establishing
Regular meetings for the Authority on the third Wednesday of each month at 6:00 pm;
and
WHEREAS, there is now a desire to revise the Regular meeting schedule for the
Authority.
NOW, THEREFORE, THE BOARD OF THE TRES HERMANOS
CONSERVATION AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Regular meetings of the Tres Hermanos Conservation Authority shall
be held on the second Wednesday of the month at 6:00 pm at the city hall location as
provided for in Section 3.4 of the JPA, which is currently the City of Diamond Bar.
Section 2. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED, APPROVED AND ADOPTED this 13th day of April, 2022.
________________________________
Cathy Marcucci, Chair
Tres Hermanos Conservation Authority
5.1.a
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Resolution No. THCA 2022-08
2
ATTEST:
I, Kristina Santana, Secretary of the Tres Hermanos Conservation Authority, do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the
Board of Directors of the Tres Hermanos Conservation Authority at a Special meeting held
on the 13th day of April, 2022, by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
_______________________________
Kristina Santana
Secretary
Tres Hermanos Conservation Authority
5.1.a
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