HomeMy WebLinkAbout2022.07.06 - 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.
SPECIAL MEETING
BOARD OF DIRECTORS REGULAR MEETING
JULY 6, 2022 AGENDA
9:30 a.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.
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 (213) 929-4212 and entering the Access Code: 840-013-610.
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 8:00 a.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/5333997412112880141
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.
JULY 6, 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.
Adopt Resolution No. THCA 2022-11 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:
There is none.
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
7. ADJOURNMENT: The next regular Tres Hermanos Conservation Authority
meeting will be Wednesday, July 13, 2022 at 6:00 p.m.
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.1
3.1
Packet Pg. 3
AGENDA NO. 3.1
Date: July 6, 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 2022-11 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
3.1
Packet Pg. 4
expire January 1, 2024.
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. THCA Reso 2022-11 AB 361
3.1
Packet Pg. 5
RESOLUTION NO. THCA 2022-11
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
3.1.a
Packet Pg. 6
Resolution No. THCA 2022-11
2
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due to continued community spread of COVID-19 cases;
and
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, 2022-07, 2022-09 and 2022-10
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
3.1.a
Packet Pg. 7
Resolution No. THCA 2022-11
3
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.
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 6th day of July, 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 6th day of July, 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