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HomeMy WebLinkAbout2022.04.13 - THCA - Agenda - Special MeetingCopies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk at Diamond Bar City Hall, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the Authority Secretary at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Tres Hermanos Conservation Authority requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a public meeting, must inform the Authority Secretary a minimum of 72 hours prior to the scheduled meeting . TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS 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 and in person in the Windmill Room, City of Diamond Bar City Hall. Directors and limited staff will be physically present for this meeting. If yo u would like to attend the meeting in person, please note that face coverings are recommended. 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 4:00 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Authority Directors and noted for the record at the meeting. Alternatively, public comment may be submitted by joining the meeting in person or 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 Packet Pg. 3 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 Packet Pg. 4 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 Packet Pg. 5 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 Packet Pg. 6 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 Packet Pg. 7 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 Packet Pg. 8 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 5.1 5.1 Packet Pg. 9 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 Packet Pg. 10 1. Resolution No. THCA 2022-08 Meeting Times 5.1 Packet Pg. 11 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 Packet Pg. 12 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 Packet Pg. 13