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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 02/26/2014 Approved March 12, 2014 EAST VALLEY WATER DISTRICT FEBRUARY 26, 2014 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 5:31 p.m. Mr. Jose Taylor led the flag salute. PRESENT: Directors: Coats, Coleman, LeVesque, Morales ABSENT: Sturgeon STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Mike Maestas, Assistant General Manager; Justine Hendricksen, Administrative Manager LLEGAL 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 Chairman would like to welcome Semper Fi from the Riverside National Cemetery who are here tonight to pay tribute to Mr. Dan Dyer. The Board recessed at 5:32 pm. Military personnel paid tribute to Mr. Dyer with a 21 gun salute and flag lowering ceremony. The Board returned to session at 5:45 pm. SUPPLEMENTAL INFORMATION FROM THE GENERAL MANAGER REGARDING AGENDA ITEMS IL The General Manager requested that the Board consider reordering the agenda and that item #3 be placed at the end of the new business following item #6. Minutes: 02/26/14 jph PRESENTATIONS Et CEREMONIAL ITEMS The General Manager/CEO stated that this is an exciting day for East Valley Water District as it is the first Board meeting held at the new facility. The General Manager/CEO introduced the Balfour Beatty Construction Team. The Chairman recognized Balfour Beatty Construction Team for their achievements related to East Valley Water District's Headquarters Project completion. He reviewed the timeline, project costs and stated that over ten million dollars was spent on local materials and funding. Mr. Imbriorksi stated that he is proud to be a part of the team that worked with East Valley Water District to complete this project. The final Certificate of Occupancy was presented to the Chairman. The Chairman offered his appreciation to the General Manager, Assistant General Manager, Chief Financial Officer and staff that took part in the project. PUBLIC COMMENTS Mr. Gil Navarro introduced himself as a newly appointed Director of the San Bernardino Valley Municipal Water District. He stated that he will be attending local meetings to discuss the importance of water conservation. Ms. Jody Scott stated that the flag ceremony was very impressive. APPROVAL OF AGENDA M/S/C (LeVesque-Coleman) that the February 26, 2014 agenda be approved as amended. RESOLUTION 2014.05 - ACCEPTING NOTICE OF COMPLETION, H Et H GENERAL CONTRACTORS, INC. M/S/C (LeVesque-Coleman) that Resolution 2014.05 be approved. RESOLUTION 2014.06 - ACCEPTING NOTICE OF COMPLETION, HORIZON 2010 ENTERPRISE M/S/C (LeVesque-Coleman) that Resolution 2014.06 be approved. DISBURSEMENTS M/S/C (LeVesque-Coleman) that General Fund Disbursements #239243 through #239603 which were distributed during the period of January 1, 2014 through January 30, 2014 in the amount of $5,384,738. Payroll and benefit contributions for the period 2 Minutes: 02/26/14 jph ended January 30, 2014 and included checks and direct deposits in the amount of L $390,738. Total disbursements for the period $5,775,476. RESOLUTION 2014.08 - MEMORIALIZING LOCAL HERO DAN DYER WITH FIRE HYDRANT #148 The General Manager/CEO stated that he met Mr. Dyer at his first Board meeting as General Manager/CEO of East Valley Water District. At that time Mr. Dyer expressed his concern regarding a water quality issue that he was experiencing at his home. After addressing Mr. Dyer's concerns he learned that Mr. Dyer was a decorated Marine. Following the tragic events of September 11, 2011 , Mr. Dyer painted fire hydrant #148, located in front of his residence, as an American flag to display his American pride and to pay tribute to the United States and those who lost their lives. Staff is recommending that the Board adopt Resolution 2014.08 memorializing local hero Dan Dyer with fire hydrant #148. M/S/C (LeVesque-Coats) that Resolution 2014.08 be approved. The Chairman presented Resolution 2014.08 to Mr. Dyer's son Mr. Michael Dyer. Many of the Military personnel who were present at the meeting paid tribute to Mr. Dyer. CONTRACT WITH PASCAL & LUDWIG CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF PLANT 40 PUMP STATION, NOT TO EXCEED $817,000. M/S/C (LeVesque-Coats) that the Board award a contract to Pascal Et Ludwig Constructors, Inc., in the amount not to exceed $817,000 for the construction of Plant 40 Pump Station. RESOLUTION 2014.07 - SUPPORT PLACING IN NOMINATION JAMES MORALES, JR. A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) REGION 9 BOARD MEMBER M/S/C (LeVesque-Coleman) that Resolution 2014.07 be approved. 2014 REPRESENTATIVE ASSIGNMENTS Representative Assessments for 2014 are as follows: Agency Primary Representative Secondary Representative Water Education Director Sturgeon Vice Chair Coleman 1. Foundation SBVW Conservation Vice Chair Coleman Director Coats District Highland Chamber Director LeVesque Director Coats City of SB Chamber Director Coats Director Sturgeon 3 Minutes: 02/26/14 jph SBVMWD Director LeVesque Vice Chair Coleman USARWA Director LeVesque North Fork Water Chairman Morales Director LeVesque Company City of Highland Vice Chair Coleman Chairman Morales SAWPA Director LeVesque Director Coats or Vice Chair Coleman City of SB Council Director Coats Director Sturgeon City of SB Water Dept. Director Coleman Director LeVesque SDRMA Director LeVesque Vice Chair Coleman or Director Coats LAFCO Chairman Morales Director Coats All Board Members may attend the following events: ACWA, ASBCSD, CSDA. GENERAL MANAGER/STAFF REPORTS Ms. Malloy stated that the District is participating in all regional drought discussions, including an Inland Empire-wide communications plan to help all agencies send a consistent message and provide as much information to the community as possible. The General Manager/CEO reported on the following items: Long-term and short-term costs associated with the new headquarters facility, Headquarters Grand Opening event on March 15th from 10:00 am - 2:00 pm; he offered his appreciation to the Employee Moving Committee (Kathy, Martha, Christy, Brenda, Jamie, Eileen and Justine), thanked Ms. Malloy and Mr. Peng for their extraordinary efforts and late nights over the last couple of months. Information only. LEGAL COUNSEL REPORT District Counsel stated that prior to going into closed session, he would like to make a statement about the process so it's clear to the Board and the public what will transpire in closed session. No other reports at this time. Information only. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Director Coats thanked staff and the public for attending tonight's meeting and would like to encourage others to attend the District meetings on a regular basis. Director LeVesque stated that the use of this building will be paid off in 2023; that this is a start of a fifty year service and it will pay great dividends to our customers. 4 Minutes: 02/26/14 jph Vice Chairman Coleman stated that he is very happy and proud of the Headquarters L Facility and that the facility will not only be able to be used by the District and employees but to the public which we serve; he complemented Balfour Beatty for their finishing the building ahead of time and under budget and offered his appreciation to staff for working so hard over the past year. Vice Chairman Coleman also stated that over the coming years the District will save over $2 million dollars in rent. Chairman Morales stated that he would like to reiterate the comments made this evening by fellow Board members and that it is a pleasure to have the first official meeting being held tonight. The Chairman thanked the public and the Dyer family for attending tonight's meeting and that it was an honor and a pleasure to preside over the meeting as we honored Mr. Dyer in perpetuity. Information only. District Counsel stated that with respect to item #10 the Board will recess to closed session to complete its performance evaluation of the General Manager/CEO. Once this is completed the Board will move onto item #11 which will be labor negotiations. Mr. Mura will not be present during this portion of the meeting. The Board will give direction to Legal Counsel on any potential changes to Mr. Mura's agreement. If there are any changes to the agreement, those will be announced publically following closed session. The Board recessed at 6:49 pm. The Board returned to session at 7:00 p.m. CLOSED SESSION The Board entered into Closed Session at 7:00 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54957.6(a) and 54957, to discuss the items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 10:15 p.m. The items listed on the agenda were discussed in closed session with the following action being taken: With respect to Agenda Item No. 10, the Board held a closed session under Government Code Section 54957 to complete its evaluation of the job performance of the District's General Manager/CEO. Thereafter, the Board excused Mr. Mura from the closed session and proceeded to IL Agenda Item No. 11 for the purpose of giving instructions to the District's General Counsel, Steve Kennedy, in connection with bona fide negotiations with Mr. Mura regarding his compensation and other employment contract issues as authorized by Government Code Section 54957.6. After receiving those directions, Mr. Kennedy met privately with Mr. Mura in his office to discuss those matters and then returned to meet 5 Minutes: 02/26/14 jph with the Board separately in closed session to relay the nature of Mr. Mura's responsive comments. The Board then returned to open session and publicly announced that the following actions that were taken by a 4-0 vote (Director Sturgeon absent): • Pursuant to Section 3(a) of the District's Employment Agreement with Mr. Mura, the Board determined that the goals and objectives of the Headquarters Incentive Program were adequately completed by March 31, 2014, and thus awarded Mr. Mura additional compensation in the sum of $50,000.00. • Effective March 31, 2014, the District's Employment Agreement with Mr. Mura will be modified as follows: (a) The term of the agreement will be five years; (b) The base salary will be $235,000 per year with (1) cost of living adjustments tied to appropriate CPI and (2) potential additional performance-based annual incentive compensation of up to 10% based on the Board's discretionary determination of satisfaction of established goals and objectives; (c) An increase in automobile allowance from $800 per month to $1,000 per month; (d) The replacement of the professional development allowance of $15,000 per year and the 457 contribution of $2,500 per year with the establishment of a 401(a) retirement account in the amount of $18,000 per year; and (e) The inclusion of a supermajority 4/5 vote requirement for Board exercise of its termination-not-for-cause rights. Mr. Kennedy was instructed to prepare a written agreement consistent with the above contract terms and to present that document to the Board for ratification and approval in open session at a subsequent regular Board meeting. No other reportable action was taken. ADJOURN The meeting adjourned at 10:19 p.m. Ja s Morales, Jr., President John J. Mura, S cretary 6 Minutes: 02/26/14jph