HomeMy WebLinkAbout2023.01.11 - THCA Agenda - Regular MeetingTRES HERMANOS CONSERVATION AUTHORITYTRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS MEETING BOARD OF DIRECTORS MEETING
WEDNESDAY, JANUARY 11, 2023 AGENDAWEDNESDAY, JANUARY 11, 2023 AGENDA
6:00 P.M.6:00 P.M.
CITY OF CHINO HILLS - COMMUNITY ROOMCITY OF CHINO HILLS - COMMUNITY ROOM BOARD DIRECTORSBOARD DIRECTORS
14000 CITY CENTER DRIVE14000 CITY CENTER DRIVE CHAIR, CATHY MARCUCCICHAIR, CATHY MARCUCCI
CHINO HILLS, CALIFORNIACHINO HILLS, CALIFORNIA DIRECTOR, ANDREW CHOUDIRECTOR, ANDREW CHOU
DIRECTOR, STAN LIUDIRECTOR, STAN LIU
DIRECTOR, RAY MARQUEZDIRECTOR, RAY MARQUEZ
DIRECTOR, CORY MOSSDIRECTOR, CORY MOSS
DIRECTOR, PETER J. ROGERSDIRECTOR, PETER J. ROGERS
DIRECTOR, NEWELL RUGGLESDIRECTOR, NEWELL RUGGLES
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 Community Room, City of Chino Hills City Hall. Directors and
limited staff will be physically present for this meeting. If you would like to attend the meeting in
person, please note that face coverings are recommended.
How to Observe the Meeting:
Members of the public who wish to speak on an item, you can access the meeting remotely:
Join from a PC, Mac, iPad, IPhone, or Android device, or by phone: Please use this URL
https://us02web.zoom.us/j/81520010855
If you do not wish for your name to appear on the screen, then use the drop down menu and click on
"rename" to rename yourself to be anonymous.
Or join by phone:
1-669-900-6833
Enter Meeting ID: 815 2001 0855
If you want to comment during the public comment portion of the agenda, Press *9 and we will select
you from the meeting cue.
NOTE: Your phone number is captured by the zoom software and is subject to the Public
Records Act unless you first dial *67 before dialing the numbers as shown above to remain
anonymous.
1/20
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@chinohills.org 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 via
Zoom. 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.
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk at Chino Hills 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) 364-2624 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.
2/20
CALL TO ORDER:CALL TO ORDER:
PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
ROLL CALLROLL CALL
1. 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.
REORGANIZATION OF THE BOARD OF DIRECTORSREORGANIZATION OF THE BOARD OF DIRECTORS
Select Chair and Vice-Chair
CONSENT CALENDAR:CONSENT CALENDAR:
2. Approve December 14, 2022 Regular Meeting Minutes
3. Receive and file Payment Register for month ended November 30, 2022
4. Receive and file Treasurer's Report for month ended November 30, 2022
5. Authorize Amendment No. 1 to Agreement No. THCA20-002 with C&C
Engineering, Inc. increasing total not-to-exceed amount from $85,000 to
$118,600 for consultant services
6. Adopt Resolution making specified findings relating to use of teleconferencing
in accordance with Assembly Bill 361 for meetings of Authority subject to State
Open Meeting Laws
OLD BUSINESS:OLD BUSINESS:
There is none.
NEW BUSINESS:NEW BUSINESS:
7. Discuss canceling or rescheduling the February 8, 2023 regular meeting due to
absence of Directors
AUTHORITY DIRECTOR COMMENTS:AUTHORITY DIRECTOR COMMENTS:
ADJOURNMENTADJOURNMENT
3/20
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
DECEMBER 14, 2022
PAGE 1
1. CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority was called to
order by Director/Marquez at 6:00 p.m. in the Windmill Room, City of Diamond Bar
City Hall.
Director/Marquez announced that consistent with State Assembly Bill 361, the Tres
Hermanos Conservation Authority meeting was being held in person and via
teleconference, with limited staff present. Members of the public were encouraged
to participate telephonically, and for those wishing to attend the meeting in person,
face coverings were recommended.
PLEDGE OF ALLEGIANCE:The Pledge of Allegiance was led by
DED/Montgomery.
ROLL CALL:
Directors in attendance in person: Ray Marquez, Director
Directors in attendance online: Stan Liu, Alternate Director
Cory Moss, Director
Newell Ruggles, Director
Directors absent: Peter Rogers, Director
Steve Tye, Director
Cathy Marcucci, Chair
Staff in attendance in person:Dan Fox, Executive Director; Ben
Montgomery, Deputy Executive Director; Joshua Nelson, Administrative Director
Staff in attendance online:Christa Buhagiar, Treasurer; Tracy
Egoscue, Authority General Counsel
2.PUBLIC COMMENTS:There were none.
Date: 01-11-2023
Agenda No.: 02
4/20
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
DECEMBER 14, 2022
PAGE 2
3. CONSENT CALENDAR:
3.1 MINUTES OF THE NOVEMBER 9, 2022 REGULAR MEETING AND
NOVEMBER 30, 2022 SPECIAL MEETING.
RECOMMENDED ACTION: APPROVE THE NOVEMBER 9, 2022
REGULAR AND NOVEMBER 30, 2022 SPECIAL TRES HERMANOS
CONSERVATION AUTHORITY MEETING MINUTES.
3.2 PAYMENT REGISTER.
RECOMMENDED ACTION: THAT THE AUTHORITY RECEIVE AND
FILE THE PAYMENT REGISTER FOR THE MONTH ENDED OCTOBER
31, 2022.
3.3 TREASURER’SREPORT FOR THE MONTH ENDED OCTOBER 31, 2022.
RECOMMENDED ACTION: THAT THE AUTHORITY RECEIVE AND
FILE THE TREASURER’SREPORT FOR THE MONTH ENDED OCTOBER
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-
21 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 ALTERNATE DIRECTOR LIU
TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION
CARRIED 4-0 BY THE FOLLOWING VOTE:
AYES: DIRECTORS: LIU, MARQUEZ, MOSS, RUGGLES
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: ROGERS, TYE, CHAIR MARCUCCI
5/20
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
DECEMBER 14, 2022
PAGE 3
4. OLD BUSINESS:There was none.
5. NEW BUSINESS:
5.1 APPROVAL OF THE AUDITED FINANCIAL STATEMENTS FOR FISCAL
YEAR 2021/22.
RECOMMENDED ACTION: THAT THE AUTHORITY RECEIVE AND
FILE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR
ENDED JUNE 30, 2022.
Treasurer Christa Buhagiar provided the staff report.
Director Marquez opened the item for public comments. There was no one
wishing to speak on this item.
MOTION BY DIRECTOR MOSS AND SECOND BY ALTERNATE DIRECTOR LIU
TO RECEIVE AN FILE THE AUDITED FINANCIAL STATEMENTS FOR THE
FISCAL YEAR ENDED JUNE 30, 2022. MOTION CARRIED 4-0 BY THE
FOLLOWING VOTE:
AYES: DIRECTORS: LIU, MARQUEZ, MOSS, RUGGLES
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: ROGERS, TYE, CHAIR MARCUCCI
6. AUTHORITY STAFF AND AUTHORITY DIRECTOR COMMENTS:
ED/Fox announced that the Authority administration would be transitioning to the
City of Chino Hills starting in January as part of the biennial rotation of duties. He
thanked the City of Industry for providing the framed Proclamation commemorating
the formation of the Tres Hermanos Conservation Authority and wished everyone
a Merry Christmas and Happy Holidays.
DED/Montgomery thanked the City of Industry for the framed Proclamation
commemorating the formation of the Tres Hermanos Conservation Authority.
AD/Nelson mentioned that Sam Pedroza deserves the credit for preparing the
Proclamation and wished everyone Happy Holidays.
Director Moss wished everyone a Merry Christmas and indicated it was their
pleasure to have the Proclamation prepared.
6/20
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
DIAMOND BAR, CALIFORNIA
DECEMBER 14, 2022
PAGE 4
Directors Ruggles and Liu wished everyone Happy Holidays.
Director Marquez thanked the City of Industry for the framed Proclamation, thanked
Diamond Bar for hosting the Authority meetings this year, and wished everyone
Happy Holidays.
7. ADJOURNMENT: There being no further business, Director Marquez adjourned
the Tres Hermanos Conservation Authority Regular Meeting at 6:10 p.m. to the
Regular Meeting of January 11, 2023 at 6:00 p.m.
__________________________
CHAIR
______________________
KRISTINA SANTANA
AUTHORITY SECRETARY
7/20
AGENDA NO. AGENDA NO.
Date:Date:January 11, 2023January 11, 2023
ToTo ::Chair and Board of DirectorsChair and Board of Directors
From:From:Benjamin Montgomery, Executive DirectorBenjamin Montgomery, Executive Director
SubjectSubject ::Payment RegisterPayment Register
Recommendation:
That the Authority receive and file the payment register for the
month ended November 30, 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 register for the month ended November 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,Recommended By:
Attachments Payment Register - November 2022
03
8/20
# DATE VENDOR NAME CONTRACT/ PO#DESCRIPTION RETENTION INVOICE AMT
11/2/2022 C & C ENGINEERING, INC.THCA20-002 CNC/SITE INSPECT/SEP22 $2,910.00
TOTAL $2,910.00
11/2/2022 CITY OF CHINO HILLS CH/WATER/09/15/22-10/17/22 $321.42
11/2/2022 CITY OF CHINO HILLS CH/STAFF TIME/SEP22 $336.71
TOTAL $658.13
11/2/2022 SO CAL SANITATION, LLC SOCALIND/RESTROOM RENT/OCT22 $103.00
TOTAL $103.00
11/16/2022 CITY OF INDUSTRY THCA21-005 LACNTY/PEST/AUG22 $49.61
TOTAL $49.61
11/23/2022 C & C ENGINEERING, INC.THCA20-002 CNC/SITE INSPECT/OCT22 $3,400.00
TOTAL $3,400.00
11/23/2022 CITY OF CHINO HILLS CH/STAFF TIME/OCT22 $520.37
TOTAL $520.37
11/23/2022 EGOSCUE LAW GROUP, INC.THCA19-004 EGOSCUE/LEGAL/OCT22 $437.50
TOTAL $437.50
11/23/2022 INDUSTRY SECURITY SERVICES, INC.INDSTY/SECURITY SRVCS/ SEP22 $3,676.52
11/23/2022 INDUSTRY SECURITY SERVICES, INC.INDSTY/SECURITY SRVCS/ OCT22 $3,676.50
TOTAL $7,353.02
11/23/2022 JANUS PEST MANAGEMENT, INC.THCA21-001 JANUS/PEST/OCT22 $75.00
TOTAL $75.00
TOTAL $15,506.63
5144
5145
Note: The payments above may include the following types: automatic clearing house (ACH), electronic funds transfer (EFT), and paper check. ACH payments have a five-digit
number starting with a "2", EFT payments have a five-digit number starting with a "1", and paper checks have a four-digit number.
5139
5140
5141
5142
5143
Tres Hermanos Conservation Authority
Payment Register
From 11/1/2022 to 11/30/2022
5137
5138
Page 1 of 1
9/20
AGENDA NO. AGENDA NO.
Date:Date:January 11, 2023January 11, 2023
ToTo ::Chair and Board of DirectorsChair and Board of Directors
From:From:Benjamin Montgomery, Executive DirectorBenjamin Montgomery, Executive Director
SubjectSubject ::Treasurer's ReportTreasurer's Report
Recommendation:
That the Authority receive and file the Treasurer's Report for the month ended
November 30, 2022.
Background/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.3 Accounts, the Treasurer must verify and report in
writing, at least quarterly, the amount of money held for the Authority and the amount
of interest earnings, revenues, and expenditures since the last report. Attached for
your information is the Treasurer's Report for the month ended November 30, 2022.
Respectfully Submitted,Recommended By:
Attachments Treasurer's Report - November 2022
04
10/20
11/20
Fiscal Year %
Budget November To Date of Budget
2022/23 2022 2022/23 Used
Revenues:
Interest Income -$ 1$ 625$ -
Fair Market Value Adjustment - - 1,951 -
Rental Income 13,743 1,005 6,195 45%
Reimbursements 4,920 321 1,536 31%
Contributions from Member Agencies 187,943 - 187,943 100%
Total Revenues 206,606 1,327 198,250 96%
Expenditures:
Contractual Services 113,973 6,435 29,150 26%
Bank Charges 180 1.00 42 23%
Audit Services 2,040 - 1,980 97%
Legal Services 6,720 438 2,100 31%
Security Services 42,501 7,353.00 14,835 35%
Professional Services 27,397 857 1,867 7%
Liability Insurance 19,800 - 1,737 9%
Office Supplies 1,519 - 60 4%
Water 4,920 321 1,536 31%
Permits & Fees 5,445 - 125 2%
Total Expenditures 224,495 15,405 53,432 24%
Excess of Revenues Over/(Under) Expenditures (17,889)$ (14,078)$ 144,818$
Fund Balances:
Beginning of Fiscal Year 38,307$
Excess of Revenues Over/(Under) Expenditures 144,818
As of November 30, 2022 183,125$ A
Fund Balances by City:
Chino Hills 61,042$
Diamond Bar 61,041
Industry 61,042
Total Fund Balances by City 183,125$
A
Tres Hermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Month Ended November 30, 2022
The ending fund balance in the amount of $183,125 differs from the bank balance of $193,648. The ($10,523) difference is the net of
($11,190) in outstanding checks and $667 in accounts receivable.
12/20
AGENDA NO. AGENDA NO.
Date:Date:January 11, 2023January 11, 2023
ToTo ::Chair and Board of DirectorsChair and Board of Directors
From:From:Benjamin Montgomery, Executive DirectorBenjamin Montgomery, Executive Director
SubjectSubject ::Amendment No. 1 to Agreement No. THCA20-002 with C&CAmendment No. 1 to Agreement No. THCA20-002 with C&C
Engineering for Tres Hermanos Consultant ServicesEngineering for Tres Hermanos Consultant Services
Recommendation:
Authorize the Executive Director to execute Amendment No. 1 to Agreement No.
THCA20-002 with C & C Engineering, increasing the total not-to-exceed amount from
$85,000 to $118,600.
Background/Analysis:
On December 16, 2020, the Board authorized Agreement No. THCA20-002 with C &
C Engineering (C & C) for consulting services around the Tres Hermanos property to
conduct water surface elevation measurements at the Arnold Reservoir Dam no
more than once per week (required by the state to be performed by a registered civil
engineer), provide on-call civil engineering services, and coordinate various property
tasks. The total cost of the consulting services thus far has totaled $61,798.75,
leaving a remaining balance of $23,201.25 on the agreement.
The Authority is currently in the third year of the C & C contract and will need
continued consulting services around the property. The proposed agreement is to
increase the total not-to-exceed amount from $85,000 to $118,600 to cover contract
costs through June 30, 2023. Future agreement costs will be evaluated during the
budget process.
Fiscal Impact:
The current estimated cost of C & C consulting services is more than planned in the
Fiscal Year 22/23 budget; therefore, staff will evaluate funding with the mid-year
budget review.
Respectfully Submitted,Recommended By:
Attachments Amend No. 1 THCA20-002
05
13/20
TRES HERMANOS CONSERVATION AUTHORITY
AMENDMENT NO. 1 TO AGREEMENT NO. THCA20-002
BETWEEN THE TRES HERMANOS CONSERVATION AUTHORITY AND
C & C ENGINEERING, INC.
THIS AMENDMENT NO. 1 to Agreement No. THCA20-002 dated December 17, 2020, is entered
into in the State of California by and between the TRES HERMANOS CONSERVATION
AUTHORITY, a joint powers authority, hereinafter called “Authority”, and C & C ENGINEERING,
INC., a California Corporation company hereinafter called “Contractor”.
Authority and Contractor agree to amend Agreement No. THCA20-002 as follows:
1.In Section 5, replace the words “Total compensation shall not-to-exceed $85,000” with
“Total compensation shall not-to exceed $118,600”.
Execution in Counterparts; Electronic Signatures. This Amendment may be executed in
duplicate originals, each of which is deemed to be an original, and may be executed in
counterparts. Electronically signed copies of this Agreement utilizing technology which conforms
to the requirements in both Government Code Section 16.5 and 2 California Code of Regulations
Section 22003 shall legally bind the parties to the same extent as original documents.
All other provisions of the agreement remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. THCA20-002 to be executed on the day and year last written below:
TRES HERMANOS CONSERVATION
AUTHORITY
[DS.MAYOR.SIG]
Benjamin Montgomery
Executive Director
C & C ENGINEERING, INC.
[DS.VEN1.SIG]
(Signature)
ATTEST:
[DS.VEN1.NAME]
(Printed Name/Title)
[DS.CC.SIG]
Cheryl Balz
Authority Secretary
[DS.VEN1.DATE]
(Date)
[DS.CC.DATE]
(Date)
[DS.VEN2.SIG]
(Signature)
APPROVED AS TO FORM: [DS.VEN2.NAME]
(Printed Name/Title)
[DS.ATTNY.SIG]
Tracy J. Egoscue
Authority General Counsel
[DS.VEN2.DATE]
(Date)
DocuSign Envelope ID: 7D2B0566-1B61-4C81-80D7-51D2806EAD0C
PresidentClement Calvillo
1/4/2023
14/20
AGENDA NO. AGENDA NO.
Date:Date:January 11, 2023January 11, 2023
ToTo ::Chair and Board of DirectorsChair and Board of Directors
From:From:Benjamin Montgomery, Executive DirectorBenjamin Montgomery, Executive Director
SubjectSubject ::Continued use of Teleconferencing in Accordance with AssemblyContinued use of Teleconferencing in Accordance with Assembly
Bill 361 for Meetings of the Tres Hermanos Conservation AuthorityBill 361 for Meetings of the Tres Hermanos Conservation Authority
Recommendation:
Adopt Resolution No. THCA 2023-XX 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/Analysis:
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed AB 361 (effective October 1, 2021), which authorizes a local agency to use
teleconferencing without complying with certain teleconferencing requirements
imposed by the Brown Act when: (1) the legislative body of a local agency holds a
meeting during a declared state of emergency; (2) when state or local health officials
have imposed or recommended measures to promote social distancing; and/or (3)
when a local agency has determined that meeting in person would present imminent
risks to the health or safety of attendees.
The Authority first utilized the provisions of AB 361 at its Special meeting on October
25, 2021. In order to continue to have the ability to use the modified
teleconferencing options, AB 361 requires that the Authority re-affirm its findings
every 30 days thereafter. Conditions under which AB 361 may be utilized continue
to exist as described in the attached Resolution (Attachment 1).
The Authority is currently going beyond what the Brown Act requires by holding
meetings in person and by way of teleconference and allowing the public to
participate in both forums. The provisions of AB 361 allowing the modified
teleconferencing will expire January 1, 2024.
Fiscal Impact:
There is no fiscal impact with this item.
06
15/20
Reviewed by Others:
The Authority General Counsel has reviewed and approved the Resolution as to
form.
Respectfully Submitted,Recommended By:
Attachments Resolution
16/20
RESOLUTION NO. THCA 2023-XX
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 TOSTATE 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
suspendi ng 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
17/20
Resolution No. THCA 2023-XX
2
WHEREAS,the Authority first utilized the provisions authorized by AB 361 at a
Speci al 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, 2022-12, 2022-13, 2022-14, 2022-15, 2022-16, 2022-18, 2022-20 and 2022-21
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
18/20
Resolution No. THCA 2023-XX
3
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 11th day of January, 2023.
___________________________
Chair
Tres Hermanos Conservation Authority
ATTEST:
I, Cheryl Balz, 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
11thday of January, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
___________________________
Cheryl Balz, Secretary
Tres Hermanos Conservation Authority
19/20
AGENDA NO. AGENDA NO.
Date:Date:January 11, 2023January 11, 2023
ToTo ::Chair and Board of DirectorsChair and Board of Directors
From:From:Benjamin Montgomery, Executive DirectorBenjamin Montgomery, Executive Director
SubjectSubject ::Discuss cancellation or rescheduling of the February 8, 2023, TresDiscuss cancellation or rescheduling of the February 8, 2023, Tres
Hermanos Conservation Authority meeting Hermanos Conservation Authority meeting
Recommendation:
Discuss whether to cancel or reschedule the February 8, 2023, Tres Hermanos
Conservation Authority Board of Directors meeting due to the absence of the
Executive Director, the Deputy Executive Director, and the Administrative Director
who will be attending the League of California Cities Annual City Manager's
Conference.
Background/Analysis:
The League of California Cities (CalCities) Annual City Manager's conference is
being held on February 8-10, 2023, in Carlsbad. Executive Director Montgomery,
Deputy Executive Director Nelson, and Administrative Director Fox are scheduled to
attend this conference. This item is being placed on the agenda to consider either
canceling the meeting in its entirety or rescheduling the February 8, 2023, meeting
due to their absence. If the meeting is canceled, it is likely that a special meeting
may need to be called to review and approve the mid-year budget review.
Fiscal Impact:
There is no fiscal impact with this item.
Reviewed by Others:
This item has been reviewed by the Treasurer.
Respectfully Submitted,Recommended By:
07
20/20