HomeMy WebLinkAbout2022.05.11 - THCA - Agenda - Regular MeetingCopies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk at Diamond Bar
City Hall, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item,
please contact the Authority Secretary at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Tres Hermanos Conservation
Authority requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a public meeting, must inform the Authority Secretary a minimum of 72 hours prior to the scheduled meeting.
TRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS REGULAR MEETING
MAY 11, 2022 AGENDA
6:00 p.m.
CITY OF DIAMOND BAR
21810 COPLEY DR.
DIAMOND BAR, CALIFORNIA
Chair, Cathy Marcucci
Vice-Chair, Nancy Lyons
Board Member, Ray Marquez
Board Member, Cory Moss
Board Member, Peter Rogers
Board Member, Newell Ruggles
Board Member, 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 you would lik e 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 (914) 614-3221 and entering the Access Code: 833-139-120.
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/4761613647799536909
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.
MAY 11, 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 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. CONSENT CALENDAR:
3.1 Minutes of the March 16, 2022 Regular Meeting and April 13, 2022
Special Meeting.
Recommendation:
Approve the March 16, 2022 Regular and April 13, 2022 Special Tres
Hermanos Conservation Authority meeting minutes.
3.2 Payment Registers
Recommendation:
That the Authority receive and file the payment registers for the months
ended February 28, 2022 and March 31, 2022.
3.3 Treasurer's Report for the Months Ended February 28, 2022 and March
31, 2022.
Recommendation:
That the Authority receive and file the Treasurer's Reports for the months
ended February 28, 2022 and March 31, 2022.
3.4 Continued Use of Teleconferencing in Accordance with Assembly Bill 361
For Meetings of the Tres Hermanos Conservation Authority.
Recommendation:
Adopt Resolution No. THCA 2022-09 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
MAY 11, 2022 PAGE 3 THCA Agenda
MEETING LAWS.
3.5 Appointment of Certified Public Accountants.
Recommendation:
That the Authority appoint Lance, Soll & Lunghard, LLP, as the certified
public accountants to provide financial auditing services for the Fiscal
Year 2021-22 audit.
4. OLD BUSINESS:
There is none.
5. NEW BUSINESS:
5.1 Consideration of a Lease Agreement for Equine Grazing by and between
the Tres Hermanos Conservation Authority and Red Bucket Equine
Rescue for that portion of Tres Hermanos Ranch generally located east of
Chino Hills Parkway and south of Chino Avenue (a portion of APN 8701-
021-905).
Recommendation:
That the Board of Directors:
A. Determine that approval of the Lease Agreement is exempt from
the California Environmental Quality Act pursuant to Section 15301
(Class 1) of the CEQA Guidelines, and direct staff to file a Notice of
Exemption with the County of Los Angeles Clerk;
B. Approve a Lease Agreement with Red Bucket Equine Rescue for
that portion of Tres Hermanos Ranch, generally located east of
Chino Hills Parkway and south of Chino Avenue (a portion of APN
8701-021-905), in a form approved by Authority General Counsel;
and
C. Authorize the Executive Director to execute all documents, related
thereto.
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
7. ADJOURNMENT: The next regular Tres Hermanos Conservation Authority
meeting will be Wednesday, June 8, 2022 at 6:00 p.m.
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.1
3.1
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AGENDA NO. 3.1
Date: May 11, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Minutes of the March 16, 2022 Regular Meeting and April 13, 2022
Special Meeting.
Recommendation:
Approve the March 16, 2022 Regular and April 13, 2022 Special Tres Hermanos
Conservation Authority meeting minutes.
Background/Analysis:
Attached for Board review and approval are the minutes of the March 16, 2022 and April
13, 2022 Tres Hermanos Conservation Authority meetings.
Respectfully Submitted,
Reviewed By,
Attachments:
1. March 16, 2022 Regular Tres Hermanos Conservation Authority Meeting Minutes
2. April 13, 2022 Special Tres Hermanos Conservation Authority Meeting Minutes
3.1
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
March 16, 2022
PAGE 1
1. CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority was called to
order by Chair Marcucci at 6:00 p.m.
Chair Marcucci announced that consistent with Assembly Bill 361, the Tres
Hermanos Conservation Authority was being held telephonically and in person with
limited staff physically present for the meeting. Those attending in person were
advised that face coverings were recommended.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair/ Marcucci.
ROLL CALL
Directors in attendance: Director Ray Marquez
Director Cory Moss (telephonically)
Director Peter Rogers (telephonically)
Director Newell Ruggles (telephonically)
Director Steve Director Tye
Chair Cathy Marcucci
Absent: Vice-Chair Nancy Lyons
Staff in attendance: Dan Fox, Executive Director; Ben Montgomery; Deputy
Executive Director; Josh Nelson; Administrative Director; Tracy Egoscue,
Authority Counsel; Christa Buhagiar, Treasurer; Sam Pedroza, City of Industry
Assistant City Manager/Public Affairs Manager; Kristina Santana, Authority
Secretary
2. PUBLIC COMMENTS:
CC/Santana acknowledged receipt of an email from Dan Swensen, with copies
forwarded to directors and posted for public viewing at the Windmill meeting room
entrance.
3.1.a
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
March 16, 2022
PAGE 2
3. CONSENT CALENDAR:
3.1 MINUTES OF THE FEBRUARY 16, 2022 REGULAR MEETING.
RECOMMENDED ACTION: Approve as submitted.
3.2 PAYMENT REGISTER.
RECOMMENDED ACTION: Receive and file Payment Register for the
month ended January 31, 2022.
3.3 TREASURER’S REPORT FOR THE MONTH ENDED DECEMBER 31,
2021.
RECOMMENDED ACTION: Receive and file the Treasurer’s Report
for the month ended January 31, 2022.
3.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH
ASSEMBLY BILL 361 FOR MEETINGS OF THE TRES HERMANOS
CONSERVATION AUTHORITY.
RECOMMENDED ACTION: ADOPT RESOLUTION NO. THCA 2022-
04 ENTITLED: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRES HERMANOS CONSERVATION AUTHORITY MAKING SPECIFIED
FINDINGS RELATING TO THE CONTINUED USE OF
TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361
FOR MEETINGS OF THE AUTHORITY SUBJECT TO STATE OPEN
MEETING LAWS.
3.5 STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2022-23.
RECOMMENDED ACTION: ADOPT A RESOLUTION NO. THCA
2022-05 ENTITLED: “A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING
THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2022-
23.
MOTION BY DIRECTOR ROGERS AND SECOND BY DIRECTOR MOSS
TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION
CARRIED 6-0 BY THE FOLLOWING VOTE:
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
March 16, 2022
PAGE 3
AYES: DIRECTORS: MARQUEZ, MOSS, ROGERS, RUGGLES,
TYE, CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: VICE-CHAIR LYONS
4. OLD BUSINESS:
There was none.
5. NEW BUSINESS:
5.1 PROPOSED BUDGET FOR FISCAL YEAR 2022-23:
Treasurer Buhagiar provided the staff report.
RECOMMENDED ACTION: ADOPT RESOLUTION NO. THCA 2022-
06 ENTITLED: “A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A
BUDGET FOR FISCAL YEAR 2022-23.
MOTION BY DIRECTOR MOSS AND SECOND DIRECTOR MARQUEZ TO
ADOPT RESOLUTION NO. THCA 2022-06 ENTITLED “A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION
AUTHORITY, ADOPTING A BUDGET FOR FISCAL YEAR 2022-23. MOTION
CARRIED 6-0 BY THE FOLLOWING VOTE:
AYES: DIRECTORS: MARQUEZ, MOSS, ROGERS, RUGGLES,
TYE, CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: VICE-CHAIR LYONS
5.2 PREVIEW OF THE TRES HERMANOS CONSERVATION AUTHORITY
WEBSITE.
ED/Fox provided the staff report and preview of the new website.
RECOMMENDED ACTION: RECEIVE PRESENTATION AND
PROVIDE COMMENTS AS DEEMED APPROPRIATE.
Directors provided positive comments and agreed to provide further
feedback individually and directly to staff.
3.1.a
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
March 16, 2022
PAGE 4
James Gallagher suggested incorporation of the new logo, links to friendly
and supportive partner organizations and promotion of a photo contest.
Greg Frichtell said he agreed with Mr. Gallagher and suggested a larger
logo be placed at or near the top of the home page.
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
ED/Fox suggested scheduling an Authority Special Meeting on April 13th at 1:30
p.m. to consider continuation of the AB 361 teleconferencing options.
Director Tye was pleased for the progress on pending items including the
website.
Director Marquez thanked staff for great work on the website. With redistricting
comes new elected officials at various levels of government and he would like to
invite those individuals and LA and San Bernardino County Supervisors to
tour the facility and looks forward to scheduling an open house for city
commissioners.
Chair Marcucci wished everyone a Happy St. Patrick’s Day.
7. ADJOURNMENT: There being no further business, Chair Marcucci
adjourned the Tres Hermanos Conservation Authority Regular Meeting at 6:26 p.m.
to Wednesday, April 20, 2022 at 6:00 p.m.
__________________________
CATHY MARCUCCI
CHAIR
__________________________
KRISTINA SANTANA
AUTHORITY SECRETARY
3.1.a
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TRES HERMANOS CONSERVATION AUTHORITY
SPECIAL BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
April 13, 2022
PAGE 1
1. CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority was called to
order by Chair Marcucci at 1:30 p.m.
Chair Marcucci announced that consistent with Assembly Bill 361, the Tres
Hermanos Conservation Authority was being held telephonically.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair/ Marcucci.
ROLL CALL
Directors in attendance telephonically: Director Ray Marquez
Director Cory Moss
Director Peter Rogers
Director Steve Tye
Vice-Chair Nancy Lyons
Chair Cathy Marcucci
Absent: Director Newell Ruggles
Staff in attendance telephonically: Dan Fox, Executive Director; Ben
Montgomery; Deputy Executive Director; Tracy Egoscue, Authority Counsel;
Kristina Santana, Authority Secretary
2. PUBLIC COMMENTS: There were none.
3. CONSENT CALENDAR:
3.1 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH
ASSEMBLY BILL 361 FOR MEETINGS OF THE TRES HERMANOS
CONSERVATION AUTHORITY.
RECOMMENDED ACTION: 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
3.1.b
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TRES HERMANOS CONSERVATION AUTHORITY
SPECIAL BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
April 13, 2022
PAGE 2
ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE
AUTHORITY SUBJECT TO STATE OPEN MEETING LAWS.
MOTION BY DIRECTOR MOSS AND SECOND BY DIRECTOR MARQUEZ
TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION
CARRIED 6-0 BY THE FOLLOWING VOTE:
AYES: DIRECTORS: MARQUEZ, MOSS, ROGERS, TYE, VICE-
CHAIR LYONS, CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: RUGGLES
4. OLD BUSINESS:
There was none.
5. NEW BUSINESS:
5.1 MODIFICATION TO REGULAR MEETING TIMES:
ED/Fox presented the staff report.
RECOMMENDED ACTION: 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 P.M. AT CITY OF DIAMOND BAR CITY HALL.
MOTION BY MARQUEZ AND SECOND BY MOSS TO ADOPT RESOLUTION NO.
THCA 2022-08 ESTABLISHING REGULAR MEETING TIMES AS THE SECOND
WEDNESDAY OF THE MONTH AT 6:00 P.M. AT CITY OF DIAMOND BAR CITY
HALL. MOTION CARRIED 6-0 BY THE FOLLOWING VOTE:
AYES: DIRECTORS: MARQUEZ, MOSS, ROGERS, TYE, VICE-
CHAIR LYONS, CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: RUGGLES
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS: There were
none.
3.1.b
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TRES HERMANOS CONSERVATION AUTHORITY
SPECIAL BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
April 13, 2022
PAGE 3
7. ADJOURNMENT: There being no further business, Chair Marcucci
adjourned the Tres Hermanos Conservation Authority Special Meeting at 1:35 p.m.
to Wednesday, May 11, 2022 at 6:00 p.m.
__________________________
CATHY MARCUCCI
CHAIR
__________________________
KRISTINA SANTANA
AUTHORITY SECRETARY
3.1.b
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.2
3.2
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AGENDA NO. 3.2
Date: May 11, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Payment Registers
Recommendation:
That the Authority receive and file the payment registers for the months ended February
28, 2022 and March 31, 2022.
Background/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.2 Disbursements, the warrants and wire transfers of the
Authority should be periodically reviewed by the Board.
Attached for your review is the payment registers for the months ended February 28,
2022 and March 31, 2022. These payments may include the following types: automatic
clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments
have a five-digit number starting with a "2", EFT payments have a five-digit number
starting with a "1", and paper checks have a four-digit number.
Respectfully Submitted,
Reviewed By,
Attachments:
1. THCA Payment Register - February 2022
2. THCA Payment Register - March 2022
3.2
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# DATE VENDOR NAME CONTRACT/ PO# DESCRIPTION RETENTION INVOICE AMT2/2/2022 CITY OF CHINO HILLS CH/WATER 12/13/21-01/12/22 $251.16TOTAL $251.162/2/2022 CITY OF INDUSTRY LA FILING FEE/FY21-22 $75.002/2/2022 CITY OF INDUSTRY LA CNTY/PEST/NOV21 $234.32TOTAL $309.322/9/2022 EGOSCUE LAW GROUP, INC. THCA19-004 EGOSCUE/LEGAL/JAN22 $700.00TOTAL $700.002/16/2022 C & C ENGINEERING, INC. THCA20-002 CNC/SITE INSPECT/NOV21 $3,750.002/16/2022 C & C ENGINEERING, INC. THCA20-002 CNC/SITE INSPECT/ WEED ABATE/DEC21 $2,475.00TOTAL $6,225.002/16/2022 JANUS PEST MANAGEMENT, INC. THCA21-001 JANUS/PEST/JAN22 $65.00TOTAL $65.00TOTAL$7,550.48506950705071Note: The payments above may include the following types: automatic clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments have a five-digit number starting with a "2", EFT payments have a five-digit number starting with a "1", and paper checks have a four-digit number.Tres Hermanos Conservation AuthorityPayment RegisterFrom 2/1/2022 to 2/28/202250675068Page 1 of 13.2.aPacket Pg. 15
# DATE VENDOR NAME CONTRACT/ PO# DESCRIPTION RETENTION INVOICE AMT3/2/2022 C & C ENGINEERING, INC. THCA20-002 CNC/SITE INSPECT/JAN22 $1,695.00TOTAL $1,695.003/2/2022 CITY OF CHINO HILLS CH/POSTAGE/JAN22 $22.573/2/2022 CITY OF CHINO HILLS CH/STAFF TIME/JAN22 $847.163/2/2022 CITY OF CHINO HILLS CH/WATER 01/12/22-02/10/22 $231.81TOTAL $1,101.543/2/2022 INDUSTRY SECURITY SERVICES, INC. INDSTY/SECURITY SRVCS/JAN22 $3,440.56TOTAL $3,440.563/9/2022 EGOSCUE LAW GROUP, INC. THCA19-004 EGOSCUE/LEGAL/FEB22 $350.00TOTAL $350.003/16/2022 C & C ENGINEERING, INC. THCA20-002 CNC/SITE INSPECT/FEB22 $1,697.50TOTAL $1,697.503/16/2022 INDUSTRY SECURITY SERVICES, INC. INDSTY/SECURITY SRVCS/FEB22 $3,143.96TOTAL $3,143.963/16/2022 JANUS PEST MANAGEMENT, INC. THCA21-001 JANUS/PEST/FEB22 $190.00TOTAL $190.003/30/2022 C & C ENGINEERING, INC. THCA20-002 CNC/SITE INSPECT/OCT21 $1,585.00TOTAL $1,585.003/30/2022 CITY OF CHINO HILLS CH/WATER 02/10/22-03/11/22 $227.94TOTAL $227.943/14/2022 CITIZENS BUSINESS BANK (THCA CREDIT CARD) TWO YEAR DOMAIN RENEWAL OF THCA $127.02TOTAL $127.02TOTAL$13,558.525079508020002Note: The payments above may include the following types: automatic clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments have a five-digit number starting with a "2", EFT payments have a five-digit number starting with a "1", and paper checks have a four-digit number.50745075507650775078Tres Hermanos Conservation AuthorityPayment RegisterFrom 3/1/2022 to 3/31/202250725073Page 1 of 13.2.bPacket Pg. 16
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.3
3.3
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AGENDA NO. 3.3
Date: May 11, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Treasurer's Report for the Months Ended February 28, 2022 and March
31, 2022.
Recommendation:
That the Authority receive and file the Treasurer's Reports for the months ended
February 28, 2022 and March 31, 2022.
Background/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.3 Accounts, the Treasurer must verify and report in
writing, at least quarterly, the amount of money held for the Authority, the amount of
interest earnings, revenues, and expenditures since the last report.
Attached for your information is the Treasurer's Report for the months ended February
28, 2022 and March 31, 2022.
Respectfully Submitted,
Reviewed By,
Attachments:
1. Treasurer's Report - February 2022
2. Treasurer Report - March 2022
3.3
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3.3.a
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Revised Fiscal Year %
Budget February To Date of Budget
2021/22 2022 2021/22 Used
Revenues:
Interest Income -$ -$ 231$ -
Fair Market Value Adjustment - - (10) -
Rental Income 11,700 675 5,400 46%
Reimbursements 4,000 37 257 6%
Contributions from Member Agencies 241,755 - 241,755 100%
Total Revenues 257,455 712 247,633 96%
Expenditures:
Contractual Services 187,640 7,985 48,331 26%
Bank Charges 180 - 7 4%
Audit Services 2,855 - 2,000 70%
Legal Services 6,900 700 3,325 48%
Security Services 45,270 3,440 22,793 50%
Professional Services 30,000 847 6,602 22%
Liability Insurance 18,760 - 1,654 9%
Office Supplies 5,400 44 1,067 20%
Water 4,000 232 2,943 74%
Permits & Fees 7,864 - 486 6%
Total Expenditures 308,869 13,248 89,208 29%
Excess of Revenues Over/(Under) Expenditures (51,414)$ (12,536)$ 158,425$
Fund Balances:
Beginning of Fiscal Year 83,905$
Excess of Revenues Over/(Under) Expenditures 158,425
As of February 28, 2022 242,330$ A
Fund Balances by City:
Chino Hills 81,281$
Diamond Bar 76,387
Industry 84,662
Total Fund Balances by City 242,330$
A
Tres Hermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended February 28, 2022
The ending fund balance in the amount of $242,330 differs from the bank balance of $248,542. The ($6,212) difference is the net of
($6,237) in accounts payable and $25 in accounts receivable on the tenant's account.
3.3.a
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3.3.b
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Revised Fiscal Year %
Budget March To Date of Budget
2021/22 2022 2021/22 Used
Revenues:
Interest Income -$ 1$ 232$ -
Fair Market Value Adjustment - - (11) -
Rental Income 11,700 675 6,075 52%
Reimbursements 4,000 37 294 7%
Contributions from Member Agencies 241,755 - 241,755 100%
Total Revenues 257,455 713 248,345 96%
Expenditures:
Contractual Services 187,640 3,472 51,803 28%
Bank Charges 180 8 15 8%
Audit Services 2,855 - 2,000 70%
Legal Services 6,900 350 3,675 53%
Security Services 45,270 3,144 25,937 57%
Professional Services 30,000 2,191 8,793 29%
Liability Insurance 18,760 14,754 16,408 87%
Office Supplies 5,400 127 1,194 22%
Water 4,000 228 3,171 79%
Permits & Fees 7,864 - 486 6%
Total Expenditures 308,869 24,274 113,482 37%
Excess of Revenues Over/(Under) Expenditures (51,414)$ (23,561)$ 134,863$
Fund Balances:
Beginning of Fiscal Year 83,905$
Excess of Revenues Over/(Under) Expenditures 134,863
As of March 31, 2022 218,768$ A
Fund Balances by City:
Chino Hills 73,427$
Diamond Bar 68,533
Industry 76,808
Total Fund Balances by City 218,768$
A
Tres Hermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended March 31, 2022
The ending fund balance in the amount of $218,768 differs from the bank balance of $237,268. The ($18,500) difference is the net of
($1,585) outstanding check; ($16,945) in accounts payable and $30 in accounts receivable on the tenant's account.
3.3.b
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.4
3.4
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AGENDA NO. 3.4
Date: May 11, 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 2022-09 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.
3.4
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Fiscal Impact:
No fiscal impact.
Legal Review:
The Authority General Counsel has reviewed and approved the Resolution as to form.
Respectfully Submitted,
Reviewed By,
Attachments:
1. Resolution No. THCA 2022-09 AB 361
3.4
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RESOLUTION NO. THCA 2022-09
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
3.4.a
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Resolution No. THCA 2022-09
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, 2022-04 and 2022-07 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.
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Resolution No. THCA 2022-09
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 11th day of May, 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 Regular meeting held
on the 11th day of May, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
___________________________
Kristina Santana
Secretary
Tres Hermanos Conservation Authority
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.5
3.5
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AGENDA NO. 3.5
Date: May 11, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Appointment of Certified Public Accountants.
Recommendation:
That the Authority appoint Lance, Soll & Lunghard, LLP, as the certified public
accountants to provide financial auditing services for the Fiscal Year 2021-22 audit.
Background/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 3.8 Treasurer, the certified public accountant shall be
annually appointed by the Board. In January 2021, the City of Chino Hills issued a
Request for Proposal (RFP) for financial auditing services and after reviewing 10
proposals, entered into a five-year contract with Lance, Soll & Lunghard, LLP. The
Authority's annual financial audit is included in these services.
Fiscal Impact:
There is sufficient funding in the Authority's operating budget to cover the Fiscal Year
2021-22 cost of the Lance, Soll & Lunghard, LLP, financial auditing services. Future
financial auditing service costs will be budgeted for in the appropriate fiscal year.
Respectfully Submitted,
Reviewed By,
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 5.1
5.1
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AGENDA NO. 5.1
Date: May 11, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Consideration of a Lease Agreement for Equine Grazing by and
between the Tres Hermanos Conservation Authority and Red Bucket
Equine Rescue for that portion of Tres Hermanos Ranch generally
located east of Chino Hills Parkway and south of Chino Avenue (a
portion of APN 8701-021-905).
Recommendation:
That the Board of Directors:
A. Determine that approval of the Lease Agreement is exempt from the California
Environmental Quality Act pursuant to Section 15301 (Class 1) of the CEQA
Guidelines, and direct staff to file a Notice of Exemption with the County of Los
Angeles Clerk;
B. Approve a Lease Agreement with Red Bucket Equine Rescue for that portion of
Tres Hermanos Ranch, generally located east of Chino Hills Parkway and south
of Chino Avenue (a portion of APN 8701-021-905), in a form approved by
Authority General Counsel; and
C. Authorize the Executive Director to execute all documents, related thereto.
Background:
Red Bucket Equine Rescue (Lessee) has proposed to graze equines on a portion of the
Tres Hermanos Ranch property (Attachment 2). Staff has worked with Red Bucket to
identify an approximate 50-acre area generally located along the east side of Chino Hills
Parkway, south of Chino Avenue that would be suitable for their use. This portion of the
property is identified as Non-Exclusive Premises under the current lease and is being
used for cattle grazing which has been conducted continuously in the region and on
Tres Hermanos Ranch for more than four decades. The proposed lease essentially
replaces the existing cattle grazing with equine grazing covering the same area.
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The grazing operations assists with weed abatement and was previously allowed in
conjunction with the rental agreement for the dwelling unit. After transfer of the property
to the Tres Hermanos Conservation Authority (Authority), the Board of Directors
adopted a new residential rental agreement for the dwelling unit. Since the existing
cattle grazing operations were not integrated into that residential rental agreement,
separate lease agreements were subsequently approved with each rancher to allow
continuation of the existing cattle grazing operations.
The following table summarizes the major substantive lease provisions:
LEASE
PROVISIONS
PROPOSED
Term Month-to-month commencing July 1, 2022, with both Authority and
the Lessee possessing the right to cancel upon 60-day written
notice.
Permitted Use Equine grazing to provide weed abatement and the associated
activities are the sole authorized use, unless prior written consent
from Authority is obtained.
Lease Area That portion of Tres Hermanos Ranch, east of Chino Hills Parkway
and south of Chino Avenue (a portion of APN 8701-021-905) as
depicted in Exhibit “A” of the Lease Agreement.
Rent Amount $165 per month, or $1,980 per year, subject to annual increase
each July, based upon the Consumer Price Index (CPI). Lessee will
be responsible for all utilities and taxes, including taxes levied for
property, fixtures, improvement, equipment, and possessory
interest.
Maintenance
and
Improvements
Lessee will maintain all fences, corrals, and water troughs
associated with the Lessee’s use. Only temporary structures may
be allowed, with prior written consent from Authority.
Compliance
with Laws
Lessee is responsible for compliance with all laws, ordinances, and
policies, including, but not limited to, obtaining and maintaining a
valid business license from the City of Diamond Bar.
A complete copy of the proposed Lease Agreement is included in Attachment 1 for
review and consideration by the Board of Directors.
Environmental Assessment:
The proposed project is exempt from the California Environmental Quality Act (CEQA) per
Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use. The proposed project consists of the leasing of existing public land, involving
no expansion of or changes to the existing grazing operations and no planned
improvements to the subject property. Therefore, it is recommended that the Board of
Directors determine that the approval of the Lease Agreement is exempt from CEQA,
pursuant to Section 15301 (Class 1) of the CEQA Guidelines, and no further
environmental review is required.
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Fiscal Impact:
Lease income will be generated in the amount of $165.00 per month, or $1,980 per
year, subject to annual CPI increases. In addition, the equine grazing operations will
reduce costs related to weed abatement in this portion of the property on an on-going
basis.
Legal Review:
The Authority General Counsel has reviewed and approved the Lease Agreement as to
form.
Respectfully Submitted,
Reviewed By,
Attachments:
1. THCA Lease Agreement for Grazing - Red Bucket
2. Red Bucket Proposal - Tres Hermanos Ranch
5.1
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LEASE AGREEMENT
Red Bucket Equine Rescue
1. PARTIES: This Lease is made between the Tres Hermanos Conservation
Authority (AUTHORITY) and Red Bucket Equine Rescue (LESSEE), a 501(c)(3)
non-profit organization, who agrees as follows.
2. PREMISES LEASED: For and in consideration of the mutual covenants and
obligations herein contained and to be kept and performed by the respective
parties hereto, AUTHORITY does hereby Lease and let unto LESSEE and
LESSEE does hereby hire and take from AUTHORITY, upon the terms and
conditions hereinafter set forth, non-exclusive use of all that certain real property
located in the city of Diamond Bar, State of California, described in Exhibit “A”
attached hereto and by this reference incorporated herein (hereinafter sometimes
referred to as the “Leased Premises”).
3. TERM: This Lease shall be on a month-to-month basis, commencing on July 1,
2022.
4. TERMINATION CLAUSE: Either party shall have the right to cancel this Lease
upon giving sixty (60) day notice in writing to the other party hereto. Rent will not
be prorated if this Lease is terminated by LESSEE.
5. USE: The AUTHORITY Leases the Leased Premises to LESSEE for the sole
purpose of grazing equines providing the benefit of weed abatement to the
AUTHORITY. Other actions related to grazing equine including but not limited to
are constructing and repairing fences and gates, installing corrals and feed
storage, rounding up, releasing and feeding equines are also allowed. The Leased
Premises shall be used for no other purpose by LESSEE without prior written
consent of the AUTHORITY.
6. RENT: LESSEE shall pay as rental for use of the Leased Premises, the sum of
$165.00 per month. Monthly rental payments shall be paid to AUTHORITY in
advance of each calendar month during the term of this Lease, at the address for
AUTHORITY regarding payment set forth below. The rent amount shall increase
each July 1st commencing on July 1, 2023, based on the annual percentage
increase in the Consumer Price Index from March to March for either the All Items
Riverside-San Bernardino-Ontario or the All Items Los Angeles-Long Beach-
Anaheim indexes whichever is greater. AUTHORITY shall provide at least 30-days
notice to LESSEE of any rent increase. In addition, LESSEE shall, at his/her/its
own and sole expense: (1) repair and install adequate fencing to securely contain
all equine brought onto the Lease Premises; and (2) visit (or commission others to
visit) the Leased Premises on a regular basis for purposes of serving as general
caretaker.
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Lease Agreement; Red Bucket Equine Rescue
2
7. LIENS: LESSEE agrees to keep the Leased Premises free and clear of all liens or
claims of lien, for all labor, machinery, materials, equipment, and supplied
furnishing, or any other items supplied or furnished at the request of the LESSEE
and used in connection with any operation on the Leased Premises by the
LESSEE. Should AUTHORITY desire to post notice of non-responsibility upon the
Leased Premises, LESSEE agrees to allow the same to be posted and to keep
said notices posted thereon, all in accordance with this Lease and the
requirements of the laws of the State of California.
8. INDEMNIFICATION OF AUTHORITY: LESSEE shall indemnify, protect, defend,
and hold the AUTHORITY and its officers, employees, agents, and volunteers free
and harmless from any and every claim, demand, or action for damages, or injury
to any person or persons or property of any kind whatsoever, and any cost, loss,
or expense in connection therewith, and agrees to defend the AUTHORITY and all
officers, employees, agents, and volunteers of said AUTHORITY against any
claims or demands which may arise out of or result from LESSEE’S occupation
and activities on the Leased Premises.
9. INSURANCE:
a. LESSEE agrees to take out and keep in force, during the term hereof, at
LESSEE’S expense, comprehensive, general and automobile liability
insurance with equine liability endorsements with companies satisfactory to
AUTHORITY to protect against any liability to the public, the AUTHORITY
or its officers, employees, agents and volunteers incident to the use or
resulting from any accident incident to the use and occupancy of LESSEE,
occurring on or about the Leased Premises, the limits of liability to be not
less than Two Million and 00/100 Dollars ($2,000,000) per occurrence
combined single limits 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. LESSEE further
shall at all times carry Worker’s Compensation and Employer’s Liability
Workers’ Compensation as required by the Labor Code of the State of
California and Employer’s Liability limits of $1,000,000 per accident to cover
worker or persons who perform services for LESSEE on the Leased
Premises.
b. AUTHORITY, its officers, officials, and employees, and volunteers are to be
covered as additional insureds under said policy or policies of insurance.
All Insurance required shall be maintained in full force at all times during
this Lease by LESSEE. LESSEE shall be required to inform AUTHORITY
in writing of any change, expiration or renewal of any insurance policy or
policies at least thirty (30) days prior to the effective date of change.
Further, each policy shall provide that same shall not be canceled until a
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Lease Agreement; Red Bucket Equine Rescue
3
thirty (30) day written notice of cancellation has been mailed to the Tres
Hermanos Conservation Authority, Authority’s Records Office, C/O Chino
Hills City Clerk, 14000 City Center Drive, Chino Hills, California 91709. All
such policies shall contain language to the effect that (1) the insurer waives
the right of subrogation against the AUTHORITY and its officers,
employees, agents, and volunteers; and (2) the policies are primary and
non-contributing with any insurance that may be carried by AUTHORITY.
c. In the event AUTHORITY receives a thirty (30) day written notice of
cancellation concerning any of the required policies or should LESSEE fail
to have in effect the required coverage at any item during this Lease,
AUTHORITY may give notice to LESSEE to reinstate or acquire the affected
coverage. Should LESSEE fail to reinstate or acquire the affected coverage
within ten (10) days of AUTHORITY'S notice to reinstate or acquire such
coverage, AUTHORITY may either terminate the Lease, reinstate or
acquire the affected coverage, and LESSEE shall reimburse AUTHORITY
for the necessary cost at AUTHORITY'S option. If LESSEE does not
reimburse AUTHORITY within ten (10) days after demand by AUTHORITY,
AUTHORITY shall have the right to terminate this Lease.
10. TAXES: LESSEE shall promptly pay, when due, any and all taxes levied upon or
against any equines, property, fixtures, improvements or equipment placed upon
the Leased Premises by LESSEE.
11. POSSESSORY INTEREST TAXES: LESSEE recognizes and understands that
this Lease will create a possessory interest subject to property taxation and the
LESSEE may be subject to the payment of property taxes levied on such interest.
12. UTILITIES: LESSEE is responsible for arranging all other utility services and
agrees to promptly pay, when due, all charges for any and all utilities supplied to
the Leased Premises, including but not limited to water, electricity, gas,
garbage/waste collection services and telephone services, used by LESSEE in or
on the Premises during the term of this Agreement.
13. ACCEPTANCE OF PREMISES: Upon the acceptance or the possession and
occupancy of the Leased Premises by LESSEE, the same shall conclusively be
deemed to be fit and proper for the purposes for which the same is hereby let and
to be used.
14. COMPLIANCE WITH LAWS: LESSEE shall maintain the Leased Premises in a
neat and orderly manner at all times. LESSEE shall faithfully observe all laws,
ordinances, and policies of the authorities and the legislative bodies of the United
States of America, State of California, County of Los Angeles, City of Diamond Bar
or by any other governmental body having jurisdiction over the same. LESSEE
shall comply with all ordinances, laws, rules or regulations, now or hereafter made,
affecting their operations on the Leased Premises.
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15. REMOVAL OF IMPROVEMENTS: Upon the termination of this Lease or any
extension or renewal thereof, and the faithful performance of each and all of the
covenants thereof, the LESSEE shall have the right to remove from the Leased
Premises any and all machinery, fixtures, equipment, and improvements placed
thereon by LESSEE. Upon any such termination, if the LESSEE does not elect to
renew this Lease, any unremoved machinery, fixtures, equipment, and
improvements shall thereupon become the property of the AUTHORITY.
16. FINANCIAL GUARANTEE BOND: LESSEE shall provide a Financial Guarantee
Bond to cover any damage to fencing and gates during the term of the Lease or
any extension thereof in the amount of $10,000. Said bond may be in the form of
a cash deposit in the full amount, a Bond from an “A” Rated or better bonding
company, a certificate of deposit naming the AUTHORITY as a beneficiary, or
letter of credit from a financial institution acceptable to the AUTHORITY.
17. NOTICES: Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give to the other party hereto shall be in
writing and either served personally or sent by prepaid, first class certified or
registered mail. Any notice, demand, request, consent, approval, or
communication that either party desires or is required to give to the other party
shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated two (2) working days from the date of
mailing, if mailed, as provided for in this paragraph or upon receipt thereof if
personally served or delivered.
LESSEE’S Address: Red Bucket Equine Rescue
2885 English Road
Chino Hills, CA 91709
Attn: Susan Peirce, President
AUTHORITY’S Address: Tres Hermanos Conservation Authority
Authority Records Office
C/O Chino Hills City Clerk
14000 City Center Dr
Chino Hills, CA 91709
18. DEFAULT: The failure of the LESSEE to maintain the Leased Premises in a neat
and orderly manner and to abide by and perform each and all of the covenants
and conditions on the part of LESSEE to be kept and performed in the manner and
at the times herein specified, unless excused by some provision of this Lease, shall
constitute a default by LESSEE and shall, at the option of AUTHORITY, be cause
for termination as follows: AUTHORITY, in the event of any such default and
exercise of the option to terminate this Lease, shall mail a notice to LESSEE stating
that the Lease shall be terminated in ten (10) days from the date of mailing of said
notice unless the default be fully cured within said ten (10) day period. If within
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5
said ten (10) day period the default is not corrected, this Lease shall be at an end
and all rights of LESSEE upon and to the Leased Premises shall cease and this
Lease shall be thereupon terminated. In such event, LESSEE shall deliver
immediate, peaceful possession of the Leased Premises to AUTHORITY, but shall
have sixty (60) days in which to remove equine, machinery, fixtures, equipment,
improvements, and other property belonging to LESSEE.
19. GENERAL COVENANTS AND AGREEMENTS:
a. LESSEE agrees not to use the Leased Premises or any part thereof for any
purpose that causes injury to any neighboring property, nor for any purpose
in violation of valid applicable laws or ordinances. LESSEE shall make no
use of the premises that will constitute a nuisance and shall maintain the
Leased Premises in a neat and orderly manner.
b. In the event LESSEE uses the Leased Premises for any purpose that
constitutes a nuisance, this Lease may be terminated by AUTHORITY
immediately upon written notice; unless LESSEE abates such nuisance
within ten (10) days after AUTHORITY has served upon LESSEE written
notice requiring such abatement.
c. LESSEE agrees not to record this Lease or any memorandum of this
Lease.
d. LESSEE agrees to maintain all fences, corrals, water troughs and other
improvements in good repair, subject to reasonable wear and tear
associated with LESSEE’S use, and to make reasonable efforts to prevent
trespassers from entering the Leased Premises.
e. LESSEE shall not hunt or fish on the Leased Premises nor cut or carry off
wood from the Leased Premises, nor burn any substance growing on the
land, nor plant or farm any items, nor perform grading activity without the
prior written consent from the AUTHORITY.
20. SPECIAL COVENANTS AND AGREEMENTS:
a. AUTHORITY reserves the right to enter, occupy and use the Leased
Premises for any purpose, including but not limited to, equestrian trails and
the fencing thereof, any time so long as it does not unreasonably interfere
with LESSEE’S right to graze the Leased Premises, direct their agents and
employees to conduct oil test, surveying, and geological and environmental
studies and to conduct such other development work as may be desired
by AUTHORITY.
b. Any structures or portions thereof installed or constructed by LESSEE on
the Leased Premises, including fences, shall be of a temporary nature and
shall be constructed in such a manner that removal or relocation may readily
be made. Said removal or relocation shall be made at no cost to the
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AUTHORITY. LESSEE shall not construct any structures on the Leased
Premises without prior written consent of the AUTHORITY.
c. LESSEE will agree to maintain an on-going dialogue with AUTHORITY to
assist and cooperate with the AUTHORITY in resolving public
access/grazing conflicts that may include the need to relocate or limit equine
from accessing certain areas of the Leased Premises upon 45-day notice
for public events or 48-hour notice for necessary property maintenance.
21. NON-WAIVER: The failure or omission of AUTHORITY to terminate this Lease for
any violation of its terms, covenants, or conditions shall not be deemed to be a
consent by the AUTHORITY to such or any subsequent violation or a waiver of
any of the rights of the AUTHORITY hereunder and shall in no manner thereafter
stop or prevent AUTHORITY from terminating this Lease for any subsequent
violation of any term, covenant, or condition hereof.
22. INSPECTION: AUTHORITY, its employees, agents, and attorneys, shall have the
right to enter upon the Leased Premises for the purpose of viewing and inspecting
the Leased Premises at any and all reasonable times.
23. ASSIGNMENTS AND SUBLETTING: LESSEE shall not assign, sublet, or
hypothecate this Lease, or any interest herein, whether voluntarily or involuntarily,
without the prior written consent of AUTHORITY. Any attempted assignment,
subletting, hypothecation, or transfer of LESSEE'S interest in this Lease in
violation hereof shall be void and entitles AUTHORITY to any and all remedies at
law and in-equity.
24. CAPTIONS: The captions of this Lease shall have no effect on its interpretations.
25. SUCCESSORS AND ASSIGNS: All the provisions of this Lease shall extend to
and include and be binding upon the successors and assigns of the AUTHORITY
and the successors and assigns of the LESSEE. This Lease shall inure to the
benefit of and be binding upon the successors and assigns of both parties.
26. COUNTERPARTS: This Lease may be executed in counterparts and any such
counterpart, when fully executed, shall be deemed an original.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year last written below.
TRES HERMANOS CONSERVATION LESSEE:
AUTHORITY:
By: ________________________
Cathy Marcucci, Chair
Print Name: _________________
Title: _______________________
Date: By: ________________________
Print Name: _________________
Title: _______________________
By: ________________________
Print Name: _________________
Title: _______________________
ATTEST:
Kristina Santana, Secretary
Date:
APPROVED AS TO FORM:
Tracy J. Egoscue, Authority General Counsel
Date:
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EXHIBIT A
5.1.a
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5/4 /2 021
Leased Premises
City Boundary
Parcel Lines
TRES HERMANOS CONSERVATION AUTHOR ITY
EXHIBIT A
EQUINE GRAZING EAST OF CHINO HILLS PARKWAY
Prep ared By:
www.c nc-eng .c om(626) 33 3 0336
Tim Bo wser, GIS Ma nag er 1/26/2022
8701-021-90 5
¯Chino HillsDiamond BarCHINO HILLS PARKWAY870 1-0 21-905
CHINO AVE
5.1.a
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P r o p o s a l f o r
P a r t n e r s h i p
F r o m
S us a n P e i r c e
P r e s id e nt & F o u nd e r
R e d B u c k e t E q ui n e Re scu e
P r e p a r e d f o r
D a n i e l F o x
C i t y M a na g er
C i t y o f Di a m o n d B ar
5.1.b
Packet Pg. 44
Red Bucket Equine Rescue, a 501(c)3 non-profit organization, is
dedicated to serving high-risk and suffering equines, the
untrained, unspeakably abused, starving, old, unwanted, and
forgotten. Red Bucket assesses the equine, provides veterinary
care, rehabilitation, and training. For horses and donkeys
suitable for adoption, forever homes are found, and for those
who have been damaged beyond our ability to responsibly re-
home, we provide them sanctuary for life. Red Bucket staunchly
protects life, and is dedicated to mind, body and spirit.
A b o u t U s
The Red Bucket Ranch is zoned for up to 100
equine. Due to our commitment to life and our
growing population of Treasured Residents
requiring sanctuary, we have run out of room to
serve equine.
T h e N e e d
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With a great deal of humility, we respectfully request the
exclusive use of the approximately 50+ acre parcel located
off of Chino Hills Parkway.
The acreage will allow us to graze upwards of 30 equine.
Horses generally walk up to 15 miles a day grazing. The
mutual benefit to Tres Hermanos and Red Bucket includes a
collaboration that will allow Red Bucket more space,
grazing, and enrichment while providing Tres Hermanos with
weed abatement and the additional security, or eyes and
ears, that a few select and trusted Red Bucket team
members will provide.
In the event that additional weed abatement is required,
Red Bucket is prepared to i) add additional horses or
donkeys and ii) if approved by the Board/Management,
Red Bucket will organize volunteer weed abatement
community service events for the area allocated to Red
Bucket as we understand the critical importance.
The parcel provides security and safety for the horses. Due
to the safety of the horses we respectfully request not to
commingle them with non Red Bucket horses or livestock.
Further, out of concern for the horses and our felt
responsibility we would not want a non Red Bucket person
to move or handle the horses.
Red Bucket is very grateful for the extraordinary opportunity
that this will provide to our previously unwanted horses. We
fully anticipate paying the same monthly fee that the
ranchers pay. Further, we expect to assume responsibility of
25% of the water bill, which we understand will be divided
equally amongst the four tenants. Red Bucket will provide
the necessary liability insurance.
T h e A s k
5.1.b
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Red Bucket is grateful for this life changing opportunity and is
looking forward to meaningful and trust building collaboration.
We have identified four opportunities for dialogue and
approval of the Board/Management:
Water - We would like to clean and expand the water trough.
Shelter - We would like to add modular run-in shelters to
protect the horses from extreme weather. These shelters will be
aesthetically pleasing to the terrain and be removable.
Safety Gate - We would like to add a second interior gate to
the entrance on Chino Hills Parkway to ensure the safety of the
horses when the gate is accessed by vehicles.
Hay Storage - We would like to add well maintained hay
storage.
Red Bucket will assume the cost for all aforementioned
additions and maintenance.
I m p r o v e m e n t s
5.1.b
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Susan is a lifelong horsewoman with over forty years of relevant
equine experience including training, program design,
rehabilitation, operations, management and both national and
international horse show experience. Susan is a partner at SSCA,
Inc., a behavioral consulting firm specializing in leadership and
organizational development and effectiveness. Her client list has
included Johnson & Johnson, Boston Scientific, PacifiCare, Blue
Cross, Epson and many global organizations. She has
successfully blended her business, behavioral and horse
experience in developing an innovative model of horse rescue.
Her advocacy is that “rescue is only the beginning,” therefore the
intensive and goal-directed development and training of horses
in the care of Red Bucket is a strong differentiator. Susan is a
leader in the field of equine welfare and has dedicated her life
to saving and serving high-risk horses, providing the leadership to
create a sustainable model of rescue for the future, and
changing the paradigm of rescue horses.
P r e s i d e n t & F o u n d e r ,
S u s a n P e i r c e
5.1.b
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