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BOARD PRESIDENT
John P. Powell Jr.
DIVISION 3

VICE PRESIDENT
Castulo R. Estrada
DIVISION 5
AGENDA
Regular Meeting of the Coachella Valley Water District Board of Directors


8:00 AM

November 14, 2023

75515 Hovley Lane East, Palm Desert, CA 92211

President John Powell, Jr., will be participating from:
1571 Poipu Rd., 
Koloa, HI. 96756


www.cvwd.org
DIRECTOR
John Aguilar
DIVISION 1

DIRECTOR
Anthony Bianco
DIVISION 2

DIRECTOR
Peter G. Nelson
DIVISION 4
 
OUR MISSION
The mission of Coachella Valley Water District is to meet the water-related needs of the people through dedicated employees, providing high quality water at a reasonable cost.

 
1.
CALL TO ORDER/PLEDGE OF ALLEGIANCE
2.
ROLL CALL
3.
ADDITIONS/DELETIONS/ADJUSTMENTS TO THE AGENDA
In accordance with the section 54954.2 of the Government Code additions to the agenda require a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, which makes the determination that there is a need to take action, and the need to take action arose after the posting of the Agenda.
A.
Items removed or continued from the Agenda
B.
Emergency items added to the Agenda
C.
Changes to the order of the Agenda
4.
PUBLIC COMMENT
This is the time set aside for public comment. Members of the public may comment on any matter appearing on the agenda and should be limited to matters within the Board’s jurisdiction. Under provisions of the Brown Act, the Board is prohibited from taking action on items not listed on the agenda. Please address the Board at the podium, limit your remarks to three (3) minutes, and if you wish, state your name and address for the record. 

 
5.
SPECIAL PRESENTATION & RECOGNITIONS
A.
Employee Recognitions for October & November 2023
  • Retirement
    • Todd Enoki, Crew Chief, Electrical, 21 Years (not attending)
  • Anniversaries
    • Alberto Rodriguez, Building Maintenance Tradesworker, 20 Years (not attending)
    • Mark Quiroz, Supervisor, Wastewater Reclamation for WRPs 1, 2, and 4, 20 Years (not attending)
    • David Lozano, Engineering Aide III, 20 Years
6.
CONSENT CALENDAR
A.
Administration – Approve payment of American Water Works Association (AWWA) 2024 Annual Membership Dues in the amount of $16,728
B.
Administration – Approve payment of Association of Metropolitan Water Agencies (AMWA) 2024 Annual Membership Dues in the amount of $9,700
C.
Administration – Approve payment of California Special Districts Association (CSDA) 2024 Annual Membership Dues in the amount of $9,275
D.
Administration – Approve sponsorship of Fellowship Latinos of Water (FLOW) for the November 29, 2023 event, in the amount of $3,500
E.
Clerk of the Board – Approve the Minutes of the October 24, 2023, Regular Meeting of the Coachella Valley Water District Board of Directors
F.
Finance – Adopt Resolution No. 2023-31 for Submission of a Grant Application with the United States Bureau of Reclamation (USBR) under the Title XVI WIIN Program for the WRP 10 Non-Potable Water System Expansion Project
G.
Finance – Adopt Resolution No. 2023-32, an Authorization Resolution for the State Water Resource Control Board (SWRCB) construction grant application and authorization for the General Manager to execute documentation for grant funding with the Environmental Protection Agency (EPA) for the Leon Housing Water Consolidation Project
H.
Finance – Receive and file the District's Annual Comprehensive Financial Report (ACFR) and financial audit reports for Fiscal Year ending June 30, 2023
J.
Service & Communication – Receive and file CVWD's State Legislative "Year in Review" Report
7.
ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
8.
ACTION CALENDAR
Engineering
A.
Award a Construction Contract to Ames Construction, Inc., as the lowest responsive and responsible bidder, in the amount of $32,866,904 for the Avenue 66 Transmission Water Main Phase 1B, Phase 2, and Lincoln Street Water Main Project (Specification No. 2023-23), execute a deductive change order in the amount of $9,323,590, authorize the General Manager to execute a Tribal Monitoring Agreement, and approve additional expenditures for a total request of $26,476,189
RECOMMENDED ACTION: 
Approve the following actions related to the Avenue 66 Transmission Water Main Phase 1B, Phase 2, and Lincoln Street Water Main Project, Specification No. 2023-23:
  • Award a Construction Contract to Ames Construction, Inc., as the lowest responsive and responsible bidder, in the amount of $32,866,904 for the Avenue 66 Transmission Water Main Phase 1B, Phase 2, and Lincoln Street Water Main Project, Specification No. 2023-23
  • Authorize the General Manager to execute a Construction Contract to Ames Construction, Inc.,  in the amount of $32,866,904 for the Avenue 66 Transmission Water Main Phase 1B, Phase 2, and Lincoln Street Water Main Project, Specification No. 2023-23
  • Authorize the General Manager to immediately execute Change Order No. 1 in the amount of $9,323,590 to reduce the construction contract to $23,543,314
  • Authorize the General Manager to execute a Tribal Monitoring Agreement with Torres Martinez Desert Cahuilla Indians
  • Authorize the following expenditures for a total request of $26,476,189:
    • Project Management and Engineering – $125,000
    • CVWD Forces (Labor & Materials) – $47,500
    • CVWD Environmental Services – Qualified Biologist Pre-Construction Surveys – $6,500
    • Amendment No. 3 to Task Order No. 1 with Dudek for Construction Support Services – $247,324
    • Professional Services Agreement with Dokken Engineering for Construction Support Services – $54,330
    • Task Order No. 78 with Wallace & Associates Consulting, LLC. for CVWD Inspection – $471,469
    • Task Order No. 3 with Leighton for Soils Testing – $201,169
    • Professional Services Agreement with Northern Digital, Inc. (NDI) – $17,196
    • Task Order No. 2 with Vanir for Grant Compliance Services - $131,540
    • Task Order No. 1 with Chambers Group for Archeological/Cultural Services - $163,172
    • Cultural and Tribal Monitoring During Excavation - $206,875
    • Construction Contingency (5%) - $1,260,800
B.
Approve Solicitation of Bids for the Construction of the Palm Desert Operations Parking Lot Rehabilitation - Phase 2, Specification No. 2023-29
RECOMMENDED ACTION: 
Approve solicitation of bids for the construction of the Palm Desert Operations Parking Lot Rehabilitation – Phase 2 Project (Project), Specification No. 2023-29.
C.
Approve Solicitation of Bids for the Construction of Domestic Water Production Well 4632-1, Specification No. 2023-42 per Developer Agreement 2021-0141208, and approve Budget Amendment Resolution 23-24-005
RECOMMENDED ACTION: 
Approve solicitation of bids for the construction of the Well 4632-1 Project and authorize CVWD staff to spend the $1,500,000 deposit paid by EC Rancho Mirage Holdings (Developer) for the design and construction of a new domestic production well per Agreement 2021-0141208 in the Mission Hills Pressure Zone for the Cotino development, located near Gerald Ford Drive and Monterey Avenue in the City of Rancho Mirage, and approve Budget Amendment Resolution 23-24-005.
D.
Approve Solicitation of Bids for the Construction of the Marriott Shadow Ridge, WRP-10 Low Pressure Capacity Expansion, and Emerald Desert Non-Potable Water Pipeline Projects, Specification No. 2022-42
RECOMMENDED ACTION: 
Approve solicitation of bids for the construction of the Marriott Shadow Ridge, WRP-10 Low Pressure Capacity Expansion, and Emerald Desert Non-Potable Water Pipeline Projects (Project). 
E.
Authorize the Release of Funds up to $517,050 from the Community Facilities District No. 102 to Complete Repairs to the Flood Control System at the Reserve
RECOMMENDED ACTION: 
Authorize the release of funds up to $517,050 from the Community Facilities District No. 102 (CFD 102) to complete recent storm repairs and perform maintenance to the Flood Control System within the Reserve.
F.
Authorize Renewal of a Drainage Easement with Indian Allotment Nos. 595 70 and 595 72 for the Avenue 71 Agricultural Drain, approve Budget Amendment Resolution No. 23-24-006, and approve additional expenditures for a total request of $119,680
RECOMMENDED ACTION: 
Approve the following actions related to the Drainage Easement with Indian Allotment Nos. 595 70 and 595 72 for the Avenue 71 Agricultural Drain :
  • Authorize the General Manager to execute the Bureau of Indian Affairs (BIA) application for renewal of a drainage easement with Indian Allotment Nos. 595 070 and 595 72 for the existing Avenue 71 Agricultural Drain located within portions of Assessor Parcel Nos. (APN) 749-200-002 and 749-210-010
  • Approve Budget Amendment Resolution No. 23-24-006 increasing the operating budget for Right-of-Way by $54,680
  • Authorize the following expenditures for the easement with BIA for a total request of $119,680:
  • Allotment No. 595 70 compensation:  $18,100
  • Allotment No. 595 72 compensation:  $40,700
  • Bond and insurance:                           $50,000
  • 10% Contingency:                               $10,880
  • Authorize the General Manager to execute any additional documents related to the acquisition of this easement.  
G.
Authorize the General Manager to execute a Reimbursement Agreement with Kinder Morgan in the amount of $3,356,968, Task Order No. 2 with Clark Land Resources (Clark) for right-of-way and property acquisition services, Task Order No. 4 with Woodard & Curran for CalOES/FEMA grant funding services for the North Cathedral City Regional Stormwater Project (SW0001), and approve additional expenditures for a total request of $4,250,538
RECOMMENDED ACTION: 
Approve the following actions related to the North Cathedral City Regional Stormwater Project (SW0001):
  • Authorize the General Manager to execute a Reimbursement Agreement with Kinder Morgan to relocate a 22-inch petroleum pipeline in the amount of $3,356,968
  • Authorize the General Manager to execute Task Order No. 2 with Clark Land Resources (Clark) in the amount of $207,040 to provide right-of-way and property acquisition services
  • Authorize the General Manager to execute Task Order No. 4 with Woodard & Curran to provide CalOES/FEMA grant funding services in the amount of $281,930
  • Authorize the following additional expenditures for a total request of $4,250,538:
    • CVWD Engineering – $20,000
    • Contingency – $384,600
Operations
H.
Authorize the General Manager to execute Loan Payment Agreements with the United States Bureau of Reclamation for Extraordinary Operations and Maintenance Capital Replacement Projects related to the Imperial Dam Facilities and the All-American Canal System in the amount of $7,092,287, and approve an additional contingency of $709,229, for a total not to exceed amount of $7,801,516
RECOMMENDED ACTION: 
Authorize the General Manager to execute Loan Payment Agreements with the United States Bureau of Reclamation (USBR) for Extraordinary Operations and Maintenance Capital Replacement Projects related to the Imperial Dam Facilities and the All-American Canal (AAC System) in the amount of $7,092,287, and approve an additional contingency of $709,229, for a total not to exceed amount of $7,801,516.
Service & Communication
I.
Authorize the General Manager to sign and send a CVWD position letter regarding the proposed Chuckwalla National Monument
RECOMMENDED ACTION: 
Authorize the General Manager to sign and send a position letter regarding the proposed Chuckwalla National Monument to the US Bureau of Land Management/Department of Interior, Congressman Ken Calvert, Congressman Raul Ruiz, Senator Alex Padilla, and Senator Laphonza Butler, among others. 
9.
INFORMATIONAL ITEMS AND REPORTS
A.
Written Communications to the Board as filed
10.
BOARD COMMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
A.
Board General Comments
B.
Board Requests for Future Agenda Items
11.
BOARD MEETING REPORTS
A.
Meetings and Conference Reports
  1. October 25, 2023, Meeting with Chandi Group (Directors Powell and Bianco)
  2. October 26, 2023, Flume Data Lab Webinar (Director Nelson)
  3. October 27, 2023, 2:2 Meeting CVWD & Desert Water Agency (Directors Powell & Estrada)
  4. October 31, 2023, Coachella Valley Irrigated Land Coalition Growers Meeting (Director Nelson)
  5. October 31, 2023, California Natural Resources Agency Virtual Workshop (Director Nelson)
  6. November 2, 2023, Agua Caliente Cultural Plaza and Museum Grand Opening (Director Powell)
  7. November 9, 2023, Coachella Valley Conservation Commission Meeting (Director Bianco)
  8. November 9, 2023, CVAG Energy and Sustainability Committee Meeting (Director Bianco)
B.
Approval of per diem for meetings reported
12.
REPORTS
A.
General Manager
B.
Counsel
C.
Departments
13.
CLOSED SESSION AGENDA
A.

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 – Agency negotiators: Jay Trinnaman, Dan Charlton, Scott Hunter, and Christopher Chaffin
Employees’ organization: Association of Supervisory Support Evaluation Team (ASSET), Coachella Valley Water District Employees’ Association (CVWDEA) and Confidential & Unrepresented Employees

B.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 – Agency negotiator: Jay Trinnaman, Dan Charlton, Scott Hunter and Christopher Chaffin
Employees’ organization: Association of Supervisory Support Evaluation Team (ASSET)
C.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9
one (1) case
D.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code § 54956.9 (a) Name of Case: Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, et al., Case No. 5:13-cv-00883-JGB (SPx)
E.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code § 54956.9 (a) Name of Case: Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, et al., Case No. 5:20-cv-00174-JGB-SPx
F.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title:  General Manager
14.
RECONVENE
A.
Report out of Closed Session
15.
ADJOURNMENT