Meeting
 
The meeting will be streamed live on the District’s website http://cvwd.org/151/Board-Agendas. Members of the public may provide comments in-person at the meeting or by submitting written comments in advance of the meeting with the Clerk of the Board.  For information on how to submit comments, please contact Sylvia Bermudez, Clerk of the Board at [email protected] or 760.398.2651.

Assistance for those with disabilities: If you have a disability and need accommodation to participate in the meeting, please call the Clerk of the Board office at 760.398.2651 at least 24 hours in advance of the meeting to ensure availability of the requested service of accommodation. You may also contact the Clerk of the Board in writing at the Coachella Valley Water District, Post Office Box 1058, Coachella, CA 92236.
 

La reunión se transmitirá en vivo en el sitio web del Distrito http://cvwd.org/151/Board-Agendas. Los miembros del público pueden proporcionar comentarios en persona durante la reunión o enviando comentarios por escrito antes de la reunión al Secretario de la Junta. Para obtener información sobre cómo enviar comentarios, comuníquese con Sylvia Bermudez, Secretaria de la Junta en [email protected] o al 760.398.2651.

Asistencia para personas con discapacidad: Si usted tiene una discapacidad y necesita asistencia para ser partícipe de la junta, por favor de contactar a la Secretaria de la Junta Directiva al (760) 398-2651, por lo mínimo con 24 horas de anticipo de la junta para asegurar la disponibilidad del servicio o asistencia que requiere. También puede contactar a la secretaria de la junta directiva por escrito al siguiente domicilio: Coachella Valley Water District, Post Office Box 1058, Coachella, CA.
 
 
 
BOARD PRESIDENT
John P. Powell Jr.
DIVISION 3

VICE PRESIDENT
Castulo R. Estrada
DIVISION 5		 AMENDED 
AGENDA

Board of Directors Regular Meeting

8:00 AM

August 13, 2024

75515 Hovley Ln., Palm Desert 

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.
CONSENT CALENDAR
A.
Administration – Approve payments for CVWD’s share of the State Water Contractors activities for Fiscal Year 2024-25 in the amount of $259,281
B.
Administration – Approve Resolution No. 2024-33, Honoring Christopher "Chris" Harris Upon His Completion of Service with the Colorado River Board
C.
Clerk of the Board – Approve Minutes of the July 9, 2024 Regular Meeting of the Coachella Valley Water District Board of Directors
D.
Environmental Services – Approve CVWD joining the California Association of Sanitation Agencies (CASA) and approve membership payment dues in the amount of $22,145
E.
Finance – Approve Resolution No. 2024-32 for Submission of a Grant Application with the United States Bureau of Reclamation (USBR) under the Title XVI WIIN Program for the WRP-7 Tertiary Treatment System and MP 113.2 Canal Pump Station Improvements
F.
Human Resources-Risk – Approve the carrier changes and premium renewals for the employee health insurance benefit premiums for the 2025 calendar year
G.
Operations – Purchase Agreement (Agreement) with Municipal Treatment Equipment (Municipal) in the amount of $157,757 for a radial gate replacement for Irrigation Lateral 97.1 (Project)
6.
ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
7.
ACTION CALENDAR
Engineering
A.
Authorize Agreement of Purchase and Sale and Instructions with James E. Bercaw, et al for the North Cathedral City Regional Stormwater Project (SW0001)
RECOMMENDED ACTION: Authorize the General Manager to execute the attached Agreement of Purchase and Sale and Instructions (Agreement) with James E. Bercaw for the North Cathedral City Regional Stormwater Project and any additional documents related to this acquisition transaction.

It is also requested that the Board of Directors approve the following expenditures, for a total cost of $6,380: 
  • Purchase price for 0.43 acre parcel APN 660-320-002 - $2,800
  • Title, escrow, closing costs - $3,000
  • Contingency (10%) - $580
B.
Authorize Agreement for Acquisition of Real Property with Anthony Vineyards, Inc. for the Palm Desert Groundwater Replenishment Facility Garfield Mitigation Project
RECOMMENDED ACTION: Authorize the General Manager to execute the attached Agreement for Acquisition of Real Property (Agreement) with Anthony Vineyards, Inc. (Owner) for the Palm Desert Groundwater Replenishment Facility Garfield Mitigation Project, and any additional documents related to this acquisition transaction.

It is also requested that the Board of Directors approve the following expenditures, for a total cost of $26,250: 
• Purchase price for 1.2-acre easement APNs 729-140-011 and 729-140-012- $21,000.
• Title, escrow, closing costs – $4,000.
• Contingency (5%) – $1,250.
C.
Approve Task Order No. 1 to the Professional Services Agreement with West Yost & Associates, Inc. for $1,146,978 and Adopt Budget Amendment Resolution 24-25-001 for the Hexavalent Chromium Treatment Evaluation Project
RECOMMENDED ACTION: Authorize the General Manager to execute Task Order No. 1 to the Professional Services Agreement (PSA) with West Yost & Associates, Inc. in the amount of $1,146,978 to Implement the Workplan for the Stannous Chloride Addition Implementation Plan Amendment (Bench-Scale and Pipe Rig Study) in the ID No. 8 public water system.
It is also recommended that the Board authorize the following additional expenditures in the amount of $225,849:
  1. Contingency (5%) - $57,349
  2. Project management - $20,000
  3. District labor - $75,000
  4. Chemicals - $10,000
  5. Materials, supplies, and shipping - $27,500
  6. Laboratory analysis - $36,000
It is also recommended, the Board approve Budget Amendment Resolution No. 24-25-001, to increase the Final Budget for fiscal year 2024-2025 by $1,372,827 to fund the total cost of this request.
 
Finance
D.
Approve the Enterprise Resource Planning (ERP) and Utility Billing Customer Information System Master Service Agreements along with the Professional Services Agreement for Implementation Service
RECOMMENDED ACTION: Approve and authorize the General Manager to execute the Enterprise Resource Planning (ERP) and Utility Billing Customer Information System Master Service Agreements along with the Professional Services Agreement for Implementation Services as follows:
  • Approve the Professional Service Agreement with Alight Solutions (Strada) for implementation services of the Workday Enterprise Resource Planning platform in the amount of $4,303,806.
  • Approve the Master Services Agreement with Workday for the ERP 10-year software subscription fee and training through fiscal year 2034 in the amount of $6,433,520.
    • Years 1-3 during implementation $1,780,469
    • Years 4-10 after go-live $4,653,051
  • Approve the Master Service Agreement with SpryPoint for the Utility Billing and Customer Information System implementation services and 10-year software subscription through fiscal year 2034 in the amount of $9,856,542 of which $2,580,800 is the Implementation Cost and $7,275,742 is the 10-year software subscription fee.
    • Years 1-3 during implementation $4,360,800
    • Years 4-10 after go-live $5,495,742
  • Approve a 20% project contingency for implementation services in the amount of $1,376,921
8.
INFORMATIONAL ITEMS AND REPORTS
A.
Written Communications to the Board as filed
i.
Communications Log for 8/13/24

 
9.
BOARD COMMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
A.
Board General Comments
B.
Board Requests for Future Agenda Items
10.
BOARD MEETING REPORTS
A.
Meetings and Conference Reports
  1. July 17, 2024, Disadvantaged Community Infrastructure Task Force Meeting (Director Estrada)
  2. July 18, 2024, Salton Sea Authority Board Meeting (Directors Aguilar and Estrada)
  3. July 24, 2024, Meeting with CVWD staff to discuss the State’s new water conservation regulation, “Making Conservation a California Way of Life” (Director Estrada)
  4. August 5, 2024, Agua Caliente Principals Mediation (Directors Powell and Estrada)
  5. August 12, 2024, Desert Valleys Builders Association (DVBA) Board Meeting (Director Powell)
B.
Approval of per diem for meetings reported
11.
REPORTS
A.
General Manager
B.
Counsel
C.
Departments
12.
CLOSED SESSION AGENDA
A.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code § 54956.9 (a) Name of Case: Stirling Hopps v. Coachella Valley Water District, et al., Case No. CVPS2204984
B.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 
Initiation of Litigation Pursuant to Paragraph (4) of subdivision (d) of Gov. Code Section 54956.9
Aqueous Film – Forming Foams Products Liability Litigation, Master Docket No.: 2:18-mn-2873-RMG; City of Camden, et al. v. Tyco Fire Products LP, Civil Action No.: 2:24-cv-02321-RMG
C.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 
Initiation of Litigation Pursuant to Paragraph (4) of subdivision (d) of Gov. Code Section 54956.9
Aqueous Film – Forming Foams Products Liability Litigation, Master Docket No.: 2:18-mn-2873-RMG; City of Camden, et al. v. BASF Corporation, Civil Action No.: 2:24-cv-03174-RMG
D.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code § 54956.9 (a) Name of Case: RAC Rates Howard Jarvis Taxpayers Association v. Coachella Valley Water District, et al., Riverside Superior Court Case No.s:  SWP tax case in the trial court (RIC1825310); Canal appeal (4th DCA No. E0819996); RACS SLAPP appeal (4th DCA No. E079079); New domestic rate challenges:  (CVRI2305843, CVRI2305795); FY 23 challenges (CVRI2203038, CVRI2203364, CVRI2204484); FY 24 challenges (CVRI2304311, CVRI2304703, CVRI2305556)

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. 5:13-cv-00883-JGB (SPx)

F.

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

G.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8- Property is described as: Colorado River Water, point of diversion-Imperial Dam, place of use Riverside County.
Agency Negotiator: Robert Cheng, Assistant General Manager, and Steve Abbott, Special Counsel
Negotiating Party: United States Bureau of Reclamation
Under negotiation: Price and terms of payment

H.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 
Significant exposure to litigation pursuant to Paragraph (2) or (3) of subdivision (d) of Gov. Code § 54956.9. 
13.
RECONVENE
A.
Report out of Closed Session
14.
ADJOURNMENT