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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 01/22/2014 Approved February 12,2014 EAST VALLEY WATER DISTRICT JANUARY 22, 2014 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:30 p.m. Director Coats led the flag salute. PRESENT: Directors: Coats,Coleman, LeVesque,Morales, Sturgeon ABSENT: None STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Mike Maestas, Assistant General Manager; Justine Hendricksen,Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Members of the public PUBLIC PARTICIPATION Chairman Morales declared the public participation section of the meeting open at 5:30 p.m. The General Manager/CEO introduced and welcomed recently hired employee, Brad Working. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA Director Sturgeon requested that item#2d and#2e be removed from the consent calendar for discussion purposes. M/S/C (Coats-Sturgeon) that the January 22, 2014 agenda be amended and item #2d and#2e be pulled for discussion purposes after agenda item#5. APPROVE THE OCTOBER 9, 2013 BOARD MEETING MINUTES Minutes:01/22/14 cmc M/S/C (Coats-Sturgeon) that the October 9, 2013 special board meeting minutes be approved as submitted. J APPROVE THE OCTOBER 23, 2013 BOARD MEETING MINUTES M/S/C (Coats-Sturgeon) that the October 23, 2013 special board meeting minutes be approved as submitted. APPROVE THE DECEMBER 11, 2013 BOARD MEETING MINUTES M/S/C (Coats-Sturgeon) that the December 11, 2013 special board meeting minutes be approved as submitted. DISBURSEMENTS M/S/C (Coats-Sturgeon) that General Fund Disbursements #239079 through #239242 which were distributed during the period of December 5, 2013 through December 30, 2013 in the amount of $2,056,399. Payroll and benefit contributions for the period ended December 30, 2013 and included checks and direct deposits in the amount of$274,006.Total disbursements for the period $2,330,405. ACCEPT AND FILE THE INVESTMENT REPORT FOR QUARTER ENDED DECEMBER 31, 2013 M/S/C (Coats-Sturgeon) to accept and file the Investment Report for Quarter ended December 31, 2013. RESOLUTION 2014.03 — ACCEPTING NOTICE OF COMPLETION FOR 7TH STREET SEWER MAIN REPLACEMENT PROJECT M/S/C (Coats-Sturgeon) that Resolution 2014.03 be approved. PRESENTATION OF THE 2014 WATER MASTER PLAN BY MWH The Assistant General Manager stated that MWH Inc., will be presenting an update regarding the 2014 Water Master Plan. The Project Manager, Engineer, and Director gave an update on the following: projected water plan, master planning approach, hydraulic model development, pipeline evaluation criteria, fire flow deficiencies, existing water supply, supply facilities, pumping capacity analysis,storage analysis,and storage recommendations. Members of the Board discussed the following items: • Cost to upgrade mains to meet fire specifications • Liability for fire protection 2 Minutes:01/22/14 cmc • Type of pipe deficiencies related to old pipe or new regulations • New development patterns;different building codes over the years • Issues are storage not supply The General Manager/CEO stated that the District is working with the Harmony Developers to come up with a cost effective price on development and impacts. Information only. AWARD PROFESSIONAL SERVICES AGREEMENT TO RMC TO CONDUCT A FEASIBILITY STUDY FOR A WATER RECLAMATION PLANT AND AUTHORIZE THE GENERAL MANAGER/CEO TO EXECUTE THE AGREEMENT M/S/C (LeVesque-Sturgeon) that the Board award a Professional Services Agreement to RMC to conduct a Feasibility Study for a water reclamation plant be approved and authorize the General Manager/CEO to execute the agreement. AUTHORIZE STAFF TO FINALIZE THE OPEB (OTHER POST EMPLOYMENT BENEFITS) ACTUARIAL VALUATION REPORT, INCLUDING THE ASSUMPTIONS USED TO CALCULATE THE DISTRICT'S OPEB LIABILITY The Chief Financial Officer provided an overview the of Actuarial Valuation report including but not limited to: retirement of employees, former directors who qualify to receive continuation of coverage, the assumptions used with benefit increases, and participation of eligible retirees. The Directors asked multiple questions regarding the appropriate numbers, long term average, and restrictions. The General Manager/CEO stated that staff would bring revise the report and include Directors assumptions. The report will be brought back for review and consideration at a future board meeting. Information only. The Board recessed at 6:42 pm. The Board returned to session at 6:48 p.m. Agenda Item #2D and #2E were pulled from the Consent Calendar and discussed at this time. APPROVE THE JANUARY 3, 2014 SPECIAL BOARD MEETING MINUTES Director Sturgeon requested that this agenda item be pulled for discussion. He stated that during this meeting he read a written statement and what was interpreted in the minutes 3 Minutes:O1/22/l4 cmc was not accurate; Director Sturgeon had his attorney write a statement and replace it in the minutes. M/S (Sturgeon-Coleman) that the January 3, 2014 special board meeting minutes be approved as amended to include the written statement from Director Sturgeon's attorney. The District's Legal Counsel stated that the entire Board must agree with the written statement provided and be approved or if they don't agree, then the minutes can be approved as written. Director Sturgeon read his original statement and stated that he would be willing to include the written statement in the amended minutes. The District's Legal Counsel recommended three different options to proceed: 1) adopt the amended minutes with the language presented by Director Sturgeon attorney 2) adopt the minutes modified as read by Director Sturgeon or 3) adopt the minutes as presented and include the written statement from Director Sturgeon in this meeting's minutes. Director Sturgeon amended his motion. M/S/C (Sturgeon-Coleman) to approve the January 3, 2014 special meeting minutes as amended with the substitution of Director Sturgeon's statement. APPROVE THE JANUARY 8,2014 BOARD MEETING MINUTES Director Sturgeon asked that this item be pulled for discussion; that minutes should reflect action items; that the statement included by Director LeVesque should be removed. Director LeVesque stated that he was okay with the statement that is in the minutes because of the way he addressed the issue. Director Coleman stated that there was a change that needed to be made in the list of Directors in attendance; that it currently states Director Wilson and not Coats. M/S/C (Sturgeon-Coleman) that the January 8, 2014 board meeting minutes be approved as amended. DISCUSSION AND POSSIBLE ACTION REGARDING A REFERRAL TO THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY'S PUBLIC INTEGRITY UNIT The General Manager/CEO stated that certain confidential closed session materials were improperly disclosed or released to the public or press and he has been directed to present this agenda item to the Board. 4 Minutes: 01/22/14 cmc President Morales stated that any public board should uphold trust and confidence in business practices. Director LeVesque stated that this is not a pleasant issue but it needed to be addressed. He read a statement that explained in detail the request for the referral. Director Sturgeon stated that he feels that he has not done anything wrong; that he has hired his own attorneys and they reassure him that he is in the right; that if this does go the District Attorney's office he will cooperate. The public made comments in regards to the interaction of the Board members and how they are being perceived. Director Coats asked legal counsel what will the District Attorney's office being reviewing. Mr. Kennedy stated that whatever items are provided will be reviewed. M/S/C (LeVesque-Sturgeon) that this item be referred to the San Bernardino County District Attorney's Public Integrity Unit. A roll call vote was taken: Director Coats, Coleman,LeVesque,and Morales voted yes. Director Sturgeon abstained. GENERAL MANAGER/STAFF REPORTS The General Manager/CEO and staff reported on the following items: ribbon cutting ceremony for Plant 143 improvements,joint special meeting with the City of Highland on January 29th at 5:30 pm, San Bernardino Area Chamber of Commerce Installation dinner Thursday January 30`h, City of Highland Blood Drive, Drought declaration, Headquarters project update,phone system implementation, and payment kiosk. Information only. LEGAL COUNSEL REPORT Nothing to report. Information only. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Director Sturgeon thanked the public for their comments and he apologized that he was unable to attend the ribbon cutting for the Plant 143. 5 Minutes: 01/22/14 cmc Vice Chairman Coleman stated that he attended a board meeting at San Bernardino Valley Municipal Water District and they voted to sponsor Western Waterwise landscaping and would like to see EVWD be a sponsor. He stated that he attended an ACWA conference and they were discussing melerouse bonds and he would like the District to look into it. Chairman Morales asked staff to gather information for representative assignments in line with the District's Strategic Plan; he thanked staff for the recent infrastructure tour; that the item on the consent calendar regarding the 7th Street main replacement project was the outcome from the CCTV program; that he is encouraged that the District is moving forward in a positive manner. The Board recessed at 8:35 pm. The Board returned to session at 8:40 p.m. CLOSED SESSION The Board entered into Closed Session at 8:40 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9 (d)(1) and 54957, to discuss the items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 9:04 p.m. The items listed on the agenda were discussed in closed session with the following action being taken: With respect to agenda item#10 the General Manager/CEO reported that this matter has been dismissed without prejudice and a new complaint has been filed with the federal court. With respect to agenda item#11 there is no reportable action. ADJOURN The meeting adjourned at 9:04 p.m. es Morales,Jr.,President John J. Mura,S retary 6 Minutes: 01/22/14 cmc