HomeMy WebLinkAbout2022.08.10 - 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 MEETING
AUGUST 10, 2022 AGENDA
6:00 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 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 (562) 247-8422 and entering the Access Code: 953-919-216.
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/765974100803861515.
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.
AUGUST 10, 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 July 13, 2022 Regular Meeting.
Approve the July 13, 2022 Regular Tres Hermanos Conservation Authority
meeting minutes.
3.2 Payment Register.
That the Authority receive and file the payment register for the month
ended June 30, 2022.
3.3 Treasurer's Report for the Month Ended June 30, 2022.
That the Authority receive and file the Treasurer's Reports for the month
ended June 30, 2022.
3.4 Continued Use of Teleconferencing in Accordance with Assembly Bill 361
For Meetings of the Tres Hermanos Conservation Authority.
Adopt Resolution No. THCA 2022-13 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.
AUGUST 10, 2022 PAGE 3 THCA Agenda
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
7. ADJOURNMENT: The next regular Tres Hermanos Conservation Authority
meeting will be Wednesday, September 14, 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: August 10, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Minutes of the July 13, 2022 Regular Meeting.
Recommendation:
Approve the July 13, 2022 Regular Tres Hermanos Conservation Authority meeting
minutes.
Background/Discussion:
Attached for Board review and approval are the minutes of the July 13, 2022 Tres
Hermanos Conservation Authority meetings.
Respectfully Submitted,
Reviewed By,
Attachments:
1. July 13, 2022 Regular Tres Hermanos Conservation Authority Meeting Minutes
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
JULY 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 6:00 p.m.
Chair/Marcucci announced that consistent with State Assembly Bill 361, the Tres
Hermanos Conservation Authority was being held in person and via teleconference,
and members of the public were invited to participate telephonically or by phone.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chair
Marcucci.
ROLL CALL:
Directors present: Director, Ray Marquez
Director, Steve Tye
Vice-Chair, Nancy Lyons
Directors in attendance telephonically: Director, Cory Moss
Chair, Cathy Marcucci
Absent: Director, Peter Rogers
Director, Newell Ruggles
Staff present: Dan Fox, Executive Director; Ben
Montgomery, Deputy Executive Director; Joshua Nelson, Administrative Director
Joan Cruz, Administrative Coordinator; Robin Crawford, Administrative
Coordinator.
Staff in attendance telephonically: Tracy Egoscue, Authority Counsel;
Christina Buhagiar, Treasurer.
2. PUBLIC COMMENTS: None
3. CONSENT CALENDAR:
3.1 MINUTES OF THE JUNE 8, 2022 REGULAR AND JULY 6, 2022 SPECIAL
TRES HERMANOS CONSERVATION AUTHORITY MEETING MINUTES.
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
JULY 13, 2022
PAGE 2
RECOMMENDED ACTION: APPROVE THE JUNE 8, 2022 REGULAR
AND JULY 6, 2022 SPECIAL TRES HERMANOS CONSERVATION
AUTHORITY MEETING MINUTES.
3.2 PAYMENT REGISTERS.
RECOMMENDED ACTION: RECEIVE AND FILE THE PAYMENT
REGISTER FOR THE MONTH ENDED MAY 31, 2022.
3.3 TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2022.
RECOMMENDED ACTION: RECEIVE AND FILE THE
TREASURER’S REPORT FOR THE MONTH ENDED MAY 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-
12 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.
MOTION BY DIRECTOR MOSS AND SECOND BY VICE-CHAIR LYONS TO
APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED
5-0 BY THE FOLLOWING VOTE:
AYES: DIRECTORS: MARQUEZ, MOSS, TYE, VICE-CHAIR LYONS,
CHAIR MARCUCCI
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: ROGERS, RUGGLES
4. OLD BUSINESS: None
5. NEW BUSINESS:
5.1 REPORT ON ARNOLD RESERVOIR ANNUAL DAM INSPECTION.
Joshua Nelson, Administrative Director, presented the report.
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TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
JULY 13, 2022
PAGE 3
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
Director Marquez asked for a status of Tres Hermanos property tours. ED/Fox
responded that there is a tour scheduled for tomorrow, July 14th and weekly/bi-
weekly tours for Planning Commissioners and Parks and Recreation
Commissioners from respective cities together with staff members.
VC/Lyons said she toured the property along with another Council Member from
Diamond Bar and both enjoyed the experience.
7. ADJOURNMENT: There being no further business, Chair Marcucci adjourned
the Tres Hermanos Conservation Authority Regular Meeting at 6:22 p.m. to
Wednesday, August 10, 2022 at 6:00 p.m.
__________________________
CATHY MARCUCCI
CHAIR
______________________
KRISTINA SANTANA
AUTHORITY SECRETARY
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.2
3.2
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AGENDA NO. 3.2
Date: August 10, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Payment Register.
Recommendation:
That the Authority receive and file the payment register for the month ended June 30,
2022.
Background/Discussion:
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 month ended June 30, 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 - June 2022
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# DATE VENDOR NAME CONTRACT/ PO# DESCRIPTION RETENTION INVOICE AMT6/1/2022 C & C ENGINEERING, INC. THCA20‐002 CNC/SITE INSPECT/APR22 $2,575.00TOTAL $2,575.006/1/2022 CITY OF CHINO HILLS CH/WATER 4/14/22‐5/12/22 $266.64TOTAL $266.646/1/2022 INDUSTRY SECURITY SERVICES, INC INDUSTRY/SECURITY SVCS/APR22 $3,321.92TOTAL $3,321.926/1/2022 JANUS PEST MANAGEMENT, INC. THCA21‐001 JANUS/PEST/APR22 $65.00TOTAL $65.006/15/2022 EGOSCUE LAW GROUP, INC. THCA19‐004 EGOSCUE/LEGAL/MAY22 $350.00TOTAL $350.006/15/2022 JANUS PEST MANAGEMENT, INC. THCA21‐001 JANUS/PEST/MAY22 $190.00TOTAL $190.006/22/2022 CITY OF CHINO HILLS CH/STAFF TIME/APR22 $292.13TOTAL $292.136/29/2022 C & C ENGINEERING, INC. THCA20‐002 CNC/SITE INSPECT/MAY22 $6,450.00TOTAL $6,450.006/9/2022 CITIZENS BUSINESS BANK (THCA CREDIT CARD) POSTAGE FOR CERTIFIED LETTERS $14.76TOTAL $14.76TOTAL$13,525.45Tres Hermanos Conservation AuthorityPayment RegisterFrom 6/1/2022 to 6/30/202250945095510120003Note: 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.50965097509850995100Page 1 of 13.2.aPacket Pg. 11
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.3
3.3
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AGENDA NO. 3.3
Date: August 10, 2022
To: Chair and Board of Directors
From: Daniel Fox, Executive Director
Subject: Treasurer's Report for the Month Ended June 30, 2022.
Recommendation:
That the Authority receive and file the Treasurer's Reports for the month ended June 30,
2022.
Background/Discussion:
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 month ended June 30,
2022.
Respectfully Submitted,
Reviewed By,
Attachments:
1. Treasurer's Report - June 2022
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3.3.a
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TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.4
3.4
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AGENDA NO. 3.4
Date: August 10, 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 2022-13 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
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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. Resolution No. THCA 2022-13 AB 361
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RESOLUTION NO. THCA 2022-13
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
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Resolution No. THCA 2022-13
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, 2022-10,
2022-11 and 2022-12 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
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Resolution No. THCA 2022-13
3
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 10th day of August, 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 10th day of August, 2022, by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
_______________________________
Kristina Santana
Secretary
Tres Hermanos Conservation Authority
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