Board Minutes - Coachella Valley Water District

Page No. 283
10/28/2014
COACHELLA VALLEY WATER DISTRICT
REGULAR MEETING OF THE BOARD OF DIRECTORS
October 28, 2014
MINUTES
CALL TO ORDER
The regular meeting of the Board of Directors of the Coachella Valley Water District
was called to order by President John P. Powell, Jr., at 9:00 a.m., Tuesday, October 28, 2014, at
the office of the District in Coachella, California.
PLEDGE OF ALLEGIANCE
President Powell led the Pledge of Allegiance.
ROLL CALL
Present:
Directors:
Also Present:
John P. Powell, Jr., President
Franz W. De Klotz, Vice President
Ed Pack
Peter Nelson
Debi Livesay
Jim Barrett, General Manager
Jeff Ferre, Counsel
Julia Fernandez, Board Secretary
Following roll call, President Powell declared a quorum present.
MINUTES
It was moved by Director Debi Livesay, seconded by Director Ed Pack, and carried, the
minutes of the regular meeting of October 14, 2014, be approved as presented and filed.
COMMENTS FROM AUDIENCE
None.
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WRITTEN COMMUNICATIONS
General Manager Barrett reported correspondence was received from Dr. Peter Tynberg
regarding offsite expenses. He said a letter will be written in response to Dr. Tynbergs’
correspondence on the Board’s behalf.
REPORTS
General Manager Barrett said dues in the amount of $9,000 for the California Farm
Water Coalition and $5,700 for the California Special Districts Association will be paid.
The September 2014 General Manager's Report of Activities; the General Manager’s
Report of Authorizations, Executions and Acceptances of Documents; and the Secretary's
Record of Written Instruments Accepted and Recorded were submitted, approved and ordered
filed; said reports are attached hereto marked Exhibits "A," "B" and "C," respectively.
Meetings
Vice President De Klotz reported on the Colorado River Board meeting of October 15,
2014.
President Powell reported on the presentation of October 16, 2014, at the City of Indian
Wells Council meeting – Summary of the water-use restrictions and status of the drought.
President Powell reported he was unable to attend the Desert Valleys Builders
Association Board meeting of October 16, 2014.
President Powell reported on the Desert Valley Builders Association Mixer of
October 23, 2014.
Director Nelson reported on the California Farm Water Coalition Finance Committee
meeting of October 22, 2014.
Director Nelson reported on the California Farm Water Coalition meeting of
October 27, 2014.
President Powell and Vice President De Klotz reported on the Golf and Water Task
Force meeting of October 22, 2014.
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Vice President De Klotz and Director Nelson reported on the Salton Sea Authority
Board meeting of October 23, 2014.
Approval of Payment of Per Diems
It was moved by Director Peter Nelson, seconded by Director Debi Livesay, and carried,
that payment of per diems of the meetings reported above be approved.
Discussion of meetings for Oversight Boards
None.
Board Members’, General Manager’s and Counsel’s comments
Director Pack commented he attended the Palm Desert Golf Cart Parade and suggested
the District have representation at the Parade to continue to promote water conservation.
Director Livesay commented she attended a Candidates Forum on Saturday, October 25,
2014, and raised a concern on the public not being aware of evening District Board meetings.
Director Livesay suggested the District send pamphlets to customers advising them of future
evening Board meetings.
President Powell commented on his personal water usage and privacy.
President Powell commented on the availability of having real-time water budgeting
added onto the District website.
President Powell asked if all supporting documents pertaining to the Board agenda are
accessible to the public. Counsel Ferre stated all supporting documents are accessible to the
public on the District’s website.
General Manager Barrett reported on the ACWA Region 8, 9, and10 meeting.
General Manager Barrett said he will be participating in a new groundwater committee
that ACWA has got underway. He said it does appear that one of the new requirements under
the groundwater legislation is to contemplate and form a groundwater sustainability agency by
2017.
Counsel Ferre commented on the ruling by the Attorney General in reference to
compensation for attending Successor Agency Oversight meetings
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Counsel Ferre commented on the EPA’s interpretation of the Clean Water Act.
Counsel Ferre reported that bill SB 785, design-build contracting, was approved by the
Governor.
Information Reports to Board
1.
Nonpotable Water Monthly Update
Olivia Bennett, Nonpotable Operations Water Manager, gave a report on the nonpotable
water projects.
2.
Budget vs. Actual Report for the Fiscal Year ended June 30, 2014
Utilizing PowerPoint, Director of Finance Kay Godbey gave a report on the Budget to
Actual Report for the quarter ended June 30, 2014.
CONSENT CALENDAR
President Powell requested Item No. 10.F., Task Order No. 2 for the Domestic Water
Source of Supply/Treatment Study, be removed from the consent calendar and be acted upon
separately.
It was moved by Director John Powell, seconded by Director Ed Pack, the remainder of
the consent calendar be adopted as presented.
Authorize preparation of Annual Engineer’s Reports on Water Supply and Replenishment
Assessment Fiscal Year 2015-16
RESOLUTION NO. 2014-205
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute a Professional Services Agreement with Krieger & Stewart
Engineering Consultants authorizing preparation of the Annual Engineer’s Report on 2015-2016
Water Supply and Replenishment Assessment Program for:
1.
West Whitewater River Subbasin Area of Benefit.
2.
Mission Creek Subbasin Area of Benefit
3.
East Whitewater River Subbasin Area of Benefit; and
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BE IT FINALLY RESOLVED that the Board of Directors hereby adopts the Schedule
for Levying Replenishment Assessment Charges for Water Supply and Replenishment
Assessment Programs for Fiscal Year 2015-2016, which sets the dates for public meetings and
public hearings for the three Areas of Benefit, as required under Section 31631 of the State
Water Code.
Contract Services Agreement with Tilley Crane Inspection Service Co., Inc. for Crane and
Aerial Device Inspection and Certification Services
Bids were opened August 18, 2014, at 2:00 p.m., for Crane & Aerial Device Inspection
& Certification Services, Specification No. 2014-47; tabulation and recommendation are
attached hereto marked Exhibit "D."
RESOLUTION NO. 2014-206
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Three-year (3-year) Contract Services
Agreement with Tilley Crane Inspection Service Co, Inc. with a yearly renewal option for up to
three (3) additional one year periods, in accordance with the terms of the Contract Services
Agreement, for Crane and Aerial Device Inspection and Certification Services, at an estimated
amount of $95,985; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $95,985.
Amend Consulting Contract with RMC Water and Environment, New Memorandum of
Agreement adding Valley Sanitary District as a member and revise governance document
for the Coachella Valley Integrated Regional Water Management Program
RESOLUTION NO. 2014-207
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, an amendment to the Consulting Contract
with RMC Water and Environment for continued management of the Coachella Valley
Integrated Regional Water Management Program in the amount of $149,268; and
BE IT FURTHER RESOLVED that the Board hereby authorizes Coachella Valley
Water District’s responsibility of one-sixth of $149,268 or $24,878 which is not to be exceeded;
and
BE IT FINALLY RESOLVED that the Board of Directors authorizes the General
Manager to sign the new Coachella Valley Regional Water Management Group Memorandum of
Understanding that adds Valley Sanitary District as a member.
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Nonpotable Water Connection Extension of Delivery Pipeline for the Classic Club and New
Nonpotable Water Agreement between the H. N. and Frances C. Berger Foundation and
Coachella Valley Water District
RESOLUTION NO. 2014-208
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, a new Nonpotable Water Agreement with
The H. N. and Frances C. Berger Foundation for nonpotable water irrigation at The Classic Club,
located in Sections 27, 34 and 35, Township 4 South, Range 6 East, San Bernardino Base and
Meridian; and
BE IF FURTHER RESOLVED that the General Manager is hereby authorized to utilize
funds from the Nonpotable Water Unrestricted Reserves for the Nonpotable Water Connection
Extension of the Delivery Pipeline for the Classic Club in the amount not to exceed $65,000, and
the Board hereby authorizes a 2014-15 budget amendment in the amount of $65,000.
Task Order No. 2 to Professional Services Agreement with Harper & Associates, Inc., for
Inspection and Design of Rehabilitation Improvements on Reservoir 8121-1
RESOLUTION NO. 2014-209
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, Task Order No. 2 to the Professional
Services Agreement with Harper & Associates, Inc., for the inspection and design of
rehabilitation improvements on Reservoir 8121-1, at an estimated cost of $31,700; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $6,470 for
the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $38,170.
Professional Services Agreement for Design of the Dillon Road Domestic Water Pipeline
Replacement Phase 2
RESOLUTION NO. 2014-210
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Professional Services Agreement with
Albert A. Webb Associates, on the basis of demonstrated competence and professional
qualifications for the design of Dillon road Domestic Water Transmission Pipeline Phase 2, at an
estimated cost of $105,035; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $13,636
for the subcategories; and
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BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $150,000.
Task Order No. 5 to Dudek for the Water Reclamation Plant No. 7 Biosolids Upgrade
Project
RESOLUTION NO. 2014-211
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, Task Order No. 5 to the Professional
Services Agreement with Dudek, to perform additional engineering services for the Water
Reclamation Plant No. 7 Biosolids Upgrade Project, at an estimated cost of $59,280; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $8,900 for
the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $68,180.
ITEM REMOVED FROM CONSENT CALENDAR
Task Order No. 2 for the Domestic Water Source of Supply/Treatment Study
President Powell questioned the feasibility of purchasing the land and getting an
Easement over it.
Senior Engineer Jeff Hart provided background on the project.
It was moved by Director John Powell, seconded by Director Peter Nelson, the
following resolution be adopted:
RESOLUTION NO. 2014-212
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, Task Order No. 2 to the Professional
Services Agreement with Hazen and Sawyer, to perform additional engineering services to
perform the Mid-Valley groundwater replenishment and water quality study in concurrence with
the ongoing Domestic Water Source of Supply/Treatment Study at an estimated cost of 410,484;
and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $54,516
for the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $465,000.
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Resolution No. 2014-212 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
OTHER BUSINESS
Authorization to Solicit Bids for the Avenue 57 Trunk Sewer and abandonment of Lift
Station 55-14 Project
It was moved by Director Ed Pack, seconded by Director Debi Livesay, the following
resolution be adopted:
RESOLUTION NO. 2014-213
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014 that the Board of Directors hereby
authorizes the solicitation of construction bids for the Avenue 57 Sewer Pipeline and for the
abandonment of Lift Station 55-14 Project; and
BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes a Fiscal
Year 2014-15 budget amendment in the amount of $1,517,000.
Resolution No. 2014-213 was adopted by the following vote:
Ayes:
Five
Directors:
De Klotz, Pack, Powell, Nelson, Livesay
Noes:
None
Authorization to Solicit Bids for Sewer Rehabilitation Projects in the Cities of La Quinta
and Palm Desert
It was moved by Director Ed Pack, seconded by Director Debi Livesay, the following
resolution be adopted:
RESOLUTION NO. 2014-214
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the Board of Directors hereby
authorizes the solicitation of construction bids for Sewer Rehabilitation Projects in the Cities of
Palm Desert and La Quinta as follows:
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
City of La Quinta – In the intersection of Highway111 and Washington within
section 19, Township 5 South, Range 7 East, San Bernardino Base and Meridian.

City of Palm Desert - In the intersection of Fred Waring Drive and Monterrey
Avenue within Section 19, Township 5 South, Range 6 East, San Bernardino Base
and Meridian; and
BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes a
Fiscal Year 2014-15 budget amendment in the amount of $547,250.
Resolution No. 2014-214 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
Professional Services Agreement with Genterra Consultants, Inc., for Geotechnical
Investigation for the East Side Dike
Engineering Manager Dan Charlton provided background on the Agreement.
It was moved by Director Peter Nelson, seconded by Director Franz De Klotz, the
following resolution be adopted:
RESOLUTION NO. 2014-215
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Professional Services Agreement with
Genterra Consultants, Inc., as the most qualified responsive proposer, to perform a geotechnical
investigation for the East Side Dike, at an estimated cost of $154,419; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $25,581;
for the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $180,000.
Resolution No. 2014-215 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
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10/28/2014
Purchase of One New Caterpillar D8T-T4 Track-type Dozer
It was moved by Director Ed Pack, seconded by Director Debi Livesay, the following
resolution be adopted:
RESOLUTION NO. 2014-216
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October 2014, that the General Manager is hereby
authorized to purchase One New Caterpillar D8T-T4 track-type dozer from Johnson Machinery
utilizing the National Joint Powers Alliance, at an estimated cost of $716,081; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $7,000 for
the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $723,081.
Resolution No. 2014-216 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
Professional Services Agreement for Utility Bill Processing, Payment and Data
Management Services
It was moved by Director Peter Nelson, seconded by Director Franz De Klotz, the
following resolution be adopted:
RESOLUTION NO. 2014-217
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Three-year Professional Services
Agreement with Cost Control Associates, Inc., as the second lowest proposer and most qualified
responsive proposer, on the basis of demonstrated competence and professional qualifications for
Utility Bill Processing, Payment and Data Management Services for the period of
January 1, 2015 to December 31, 2017, at an estimated amount of $58,448; and
BE IT FURTHER RESOLVED that this Board resolution authorizes a total of $10,000;
for the subcategories; and
BE IT FINALLY RESOLVED that this Board resolution authorizes a total of $68,448.
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Resolution No. 2014-217 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
Option for CVWD to Continue as a Participant Contractor in the Yuba Accord Dry Year
Program under the DWR-Yuba County Water Agency Water Purchase Agreement
Utilizing PowerPoint, Assistant General Manager Robert Cheng provided background
on the Agreement.
It was moved by Director Debi Livesay, seconded by Director Ed Pack, the following
resolution be adopted:
RESOLUTION NO. 2014-218
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the appropriate officers are
hereby authorized to:
1.
Execute the Option to Continue as a Participating Contractor in the Yuba Accord
Dry year Program under the DWR-YCWA Water Purchase Agreement, see
attached Notice to State and Federal Water Contractors Participating in the Dry
Year Water Purchase Program Pursuant to the Yuba River Accord Water
Purchase Agreement.
2.
Execute the Tier 3 Amendment 5 to the Agreement between the Coachella Valley
Water District and the California Department of Water Resources for a Water
Supply and Conveyance Under a Dry Year Water Purchase Program Pursuant to
the Yuba River Accord Water Purchase Agreement.
3.
Authorize payment of $354,000 into the initial program deposit. The payment
represents CVWD’s cost share, based on the Table A allocations, of the $20
million (M) deposit that is being requested under the new five-year contract. Click
here to enter text.
Resolution No. 2014-218 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
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Request to Increase Funding for Turf Conversion Rebate Program
Conservation Coordinator Dave Koller provided background on the request to increase
funding for the Turf Conversion Rebate Program.
It was moved by Director Peter Nelson, seconded by Director Ed Pack, the following
resolution be adopted:
RESOLUTION NO. 2014-219
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 28th day of October, 2014, that the Board of Directors hereby
authorizes a budget amendment to the 2014-15 Budget in the amount of $1,839,008. This
increase will be for the Water Management Division to continue offering customer rebates for
water-saving turf conversion projects.
Resolution No. 2014-219 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
Authorize Best, Best & Krieger LLP Legal Services Agreement for General Counsel and
other Legal Services
It was moved by Director Peter Nelson, seconded by Director Debi Livesay, the
following resolution be adopted:
RESOLUTION NO. 2014-220
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE
COACHELLA VALLEY WATER DISTRICT
COMPLETION ON ONE-YEAR TRIAL PERIOD FOR ENGINEERING & CONSTRUCTION
LEGAL SERVICES AND COMPLETION OF SIX-MONTH TRIAL PERIOD FOR GENERAL
COUNSEL SERVICES AND NEW LEGAL SERVICES AGREEMENT FOR GENERAL
COUNSEL AND OTHER LEGAL SERVICES
WHEREAS, the Coachella Valley Water District (“CVWD”) entered into a Legal
Services Agreement with Best, Best & Krieger LLP (“BBK”) on October 28, 2013 for
Engineering and Construction Legal Services for a one (1) year trial period; and
WHEREAS, CVWD entered into a Legal Services Agreement with Best, Best & Krieger
LLP (“BBK”) on May 27, 2014 for General Counsel Legal Services for a six (6) month trial
period; and
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WHEREAS, CVWD is pleased with BBK’s legal services in all areas and the trial
periods for the respective agreements are coming to completion.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Directors of the Coachella
Valley Water District as follows:
1. Incorporation Of Recitals All of the foregoing Recitals are true and correct and the
Board so finds and determines. The Recitals set forth above are incorporated herein and made an
operative part of this Resolution.
2. Completion of One (1) Year Trial Period The one (1) year trial period for BBK
Engineering and Construction Legal Services has been, and/or shall be deemed to be,
successfully completed.
3. Completion Of Six (6) Month Trial Period The six (6) month trial period for BBK
and Jeff Ferre as the new General Counsel has been, and/or shall be deemed to be, successfully
completed.
4. Legal Services Agreement For General Counsel and Other Legal Services A new
Agreement For General Counsel and Other Legal Services is hereby approved. The Board
hereby authorizes the General Manager to take any and all actions which may be necessary in
order to finalize, execute and implement the Agreement For General Counsel and Other Legal
Services.
Resolution No. 2014-220 was adopted by the following vote:
Ayes:
Five
Directors:
Powell, De Klotz, Pack, Nelson, Livesay
Noes:
None
ORDINANCES FOR ADOPTION
None.
RECESS TO CLOSED SESSION
The Board recessed into closed session for the purpose of discussion of the following items
listed on the agenda:
A.
Conference with legal counsel—anticipated litigation
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 54956.9:
1)
Two potential cases
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B.
C.
Conference with legal counsel - existing litigation
Pursuant to (Paragraph (1) of subdivision (d) of Government Code Section
54956.9)
1)
Name of Case: First Amendment Coalition v. CVWD et ai., Case No. PSC
1404387
2)
Name of Case: Workers' Compensation - Compromise and Release
Claim Numbers: CV-96-0500021; CV-03-0500051; CV-I0-0500066; CV11-0500040 (WCAB ADJ1348469; ADJ2316688; ADJ1294181;
ADJ7746316; ADJ7746332)
3)
Name of Case: Workers' Compensation - Stipulations with Request for
Award
Claim Number: CV-12-0500036: (WCAB ADJ9642467)
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6, Agency designated
representative: President Powell, Unrepresented Employee: General Manager
RECONVENE
President Powell reconvened the meeting and said the Board reviewed the above items
in closed session and no reportable action was taken.
ADJOURNMENT
There being no further business to come before the Board of Directors at this time, the
meeting was adjourned at 11 :50 a.m.
~ent
ATTEST:
SEAL

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