AGENDA Tuesday, January 8, 2013 · 2015-05-15 · £ BOARD OF DIRECTORS EBMUD EAST BAY M™1011^...

£ BOARD OF DIRECTORSEBMUD E A S T B A Y M ™ 1 0 1 1 ^ UTILITY DISTRICT

375 -1 lth Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440

AGENDATuesday, January 8, 2013

REGULAR CLOSED SESSION11:00 a.m., Board Room

ROLL CALL:

PUBLIC C O M M E N T : The Board of Directors is limited by State law to providing a brief response, askingquestions for clarification, or referring a matter to staff when responding to items that are rot listed on the agenda.

BROWN ACT BRIEFING:

• Presentation of the Brown Act and the Ethics Policy of the EBMUD Bo.ard of Directors.

ANNOUNCEMENT OF CLOSED SESSION AGENDA:

1. Existing litigation pursuant to Government Code section 54956.9(a)

a. United States of America, et al. v. East Bay Municipal Utility DistrictUSDC, N.D. Cal, Case No. CV 09-0186 RS

2. Initiation of litigation pursuant to Government Code section 54956.9(c): one matter.

3. Conference with Real Property Negotiator pursuant to Government Code section 54956.8regarding conditions and terms of payment for the purchase of a mirimum of 10,000 acrefeet of water from Placer County Water Agency for supplemental dry year supplies.Negotiating parties: Richard Sykes, Director of Water and Natural Resources, and MichaelTognolini, Manager of Water Supply Improvements.

4. Personnel exception pursuant to Government Code section 54957 to consider publicemployee evaluations: General Manager and General Counsel.

(The Board will hold Closed Session in Conference Room 8A/B)

Regular Meeting ofJanuary 8, 2013 of 3

REGULAR BUSINESS MEETING1:15 p.m., Board Room

ROLL CALL:

BOARD OF DIRECTORS:

• Pledge of Allegiance• Election of Officers• 2013 Board Committee Assignment Preferences

ANNOUNCEMENTS FROM CLOSED SESSION:

P U B L I C C O M M E N T : The Board of Directors is limited by State law to providing a brief response,asking questions for clarification, or referring a matter to staff when responding to items that are not listed onthe Agenda.

CONSENT CALENDAR: (Single motion and vote approving 6 recommendations.)

1. Approve the Regular Meeting Minutes of December 11, 2012.

2. File correspondence with the Board.

3. Award a contract to the lowest responsible/responsive bidder, Duperon Corporation, in theestimated total amount of $1,526,850 for supplying five sets of influent bar screens andwasher compactors for the Main Wastewater Treatment Plant under Proposal No. 1306.

4. Authorize an agreement with DesignMind Business Solutions in an amount not to exceed$404,875 for software development services to construct the Private Sewer LateralApplication Enhancements.

5. Authorize an amendment to Board Motion 170-10 to include Verizon Wireless as an additionalprovider of cellular telephone and push-to-talk services.

6. Authorize the Office of General Counsel to continue the employment of the law firm ofBarg, Coffin, Lewis & Trapp, LLP, for services of special counsel related to environmentalregulation and litigation matters.

DETERMINATION AND DISCUSSION:

7. Legislative Update:• Federal Legislative Initiatives for 2013• Update on Legislative Issues of Interest to EBMUD

8. Approve the execution of remarketing agreements and related supporting documents for the$41,035,000 Water System Revenue Refunding Bonds, Series 2009A-2, and approve theappointment of E.J. De La Rosa & Co. Inc. and RBC Capital Markets Corporation asremarketing agents. (Resolution)

Regular Meeting ofJanuary 8, 2013 of3

DETERMINATION AND DISCUSSION: (Cont'd)

9. General Manager's Report:• Water Supply Report• Monthly Report - December 2012• Summary of Board 2012 Committee Agendas and Upcoming Topics for 2013

REPORTS AND DIRECTOR COMMENTS:

10. Committee Reports:• Finance/Administration• Planning

• Legislative/Human Resources

11. Director Comments.

ADJOURNMENT:The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday,January 22, 2013 in the Administration Center Board Room, 375 Eleventh Street, Oakland,California.

Disability NoticeIf you require a disability-related modification or accommodation to participate in an EBMUD public meetingplease call the Office of the Secretary (510) 287-0404. We will make reasonable arrangements to ensureaccessibility. Some special equipment arrangements may require 48 hours advance noticz.

Document AvailabilityMaterials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors -within 72hours prior to this meeting are available for public inspection in EBMUD's Office of the Secretary at 375 11thStreet, Oakland, California, during normal business hours.

W:\Agendas\Agendas 2013\010813_regular_agenda.doc

BOARD CALENDAR

Date

Tuesday, January 8

Monday, January 21

Tuesday, January 22

Tuesday, February 12

Wednesday, February 13

Monday, February 18

Tuesday, February 26

Meeting

Planning CommitteeLinney (Chair), Foulkes,Mclntosh

Legislative/Human ResourcesCommitteeMclntosh (Chair), Katz, Mellon

Board of Directors

Martin Luther King DayHoliday

Finance/AdministrationCommitteeKatz (Chair), Foulkes,Linney

Water Supply Workshop

Board of Directors

Lincoln's BirthdayHoliday

FY14-15 Budget & StrategicPlan Update

Board of Directors

President's Day Holiday

Energy/SustainabilityCommittee

Finance/AdministrationCommittee

Board of Directors

Time/Location

9:45 a.m.Training Resource Center


11:00 a.m.1:15 p.m.



11:00 a.m.1:15 p.m.

TBDTraining Resource Center

11:00 a.m.1:15 p.m.

TBD


11:00 a.m.1:15 p.m.

Topics

• Diablo Vista PumpingPlant ReplacementProject Update

• Orinda Water TreatmentPlant NPDES Permit

• Project LaborAgreements

• Federal LegislativeInitiatives for 2013

• Legislative Update

• Closed Session• Regular Meeting

• Offices Closed


• Offices Closed


• Offices Closed


epared

MINUTES

Tuesday, December 11, 2012

East Bay Municipal Utility DistrictBoard of Directors375 Eleventh StreetOakland, California

Regular Closed Session Meeting

President John A. Coleman called to order the Regular Closed Session Meeting of the Board ofDirectors at 11:00 a.m. in the Administration Center Board Room.

ROLL CALL

Directors Katy Foulkes, Andy Katz, Doug Linney, Lesa R. Mclntosh, Frank Mellon, William B.Patterson, and President John A. Coleman were present at roll call.

Staff present included General Manager Alexander R. Coate, General Coansel Jylana Collins,Attorney Xanthe M. Berry (Item la), Risk Manager Karen A. Curry (Item la), Attorney Derek T.McDonald (Item lb), Director of Wastewater David R. Williams (Item lb), Attorney Karen L.Donovan (Item 2), Director of Water and Natural Resources Richard G. Sykes (Item 2), AttorneyLourdes Matthew (Item 3), Director of Administration Carol Y. Nishita (Item 3), Manager ofHuman Resources Delores A. Turner (Item 3), and Manager of Employee Relations Michael K.Rich (Item 3).

PUBLIC COMMENT

Addressing the Board were the following persons: 1) Antonio Martinez, President, IFPTE Local21, said that employees provide high quality service to EBMUD customers and as a result theunions expect the District to offer appropriate compensation; 2) Ruben Rodriguez, President,AFSCME Local 444 expressed concern regarding the Community Choice Aggregation (CCA)analysis particularly relating to costs, benefit to EBMUD, and staffing impacts; and 3) JohnBriceno, Vice-President, AFSCME Local 444, expressed concern about the cost of an East BayCCA t and said that EBMUD should focus on its core goal of delivering high quality water ratherthan venturing into the electric market.

ANNOUNCEMENT OF CLOSED SESSION AGENDA

President John A. Coleman announced the Closed Session agenda. The Board convened toConference Room 8A/B for discussion.

Regular Business Meeting

President John A. Coleman called to order the Regular Business Meeting of the Board of Directors at1:15 p.m. in the Administration Center Board Room.

Regular Meeting Minutes ofDecember 11,2012Page 2 of 9

ROLL CALL

Directors Katy Foulkes, Andy Katz, Doug Linney, Lesa R. Mclntosh, Frank Mellon, William B.Patterson, and President John A. Coleman were present at roll call.

Staff present included General Manager Alexander R. Coate, General Counsel Jylana Collins, andSecretary of the District Lynelle M. Lewis.

BOARD OF DIRECTORS

President John A. Coleman led the Pledge of Allegiance.

ANNOUNCEMENTS FROM CLOSED SESSION

President Coleman announced that the Board, in closed session this morning, by a unanimous vote ofthe Directors attending, authorized the General Counsel to initiate litigation in one matter. The action,defendant and other particulars will be disclosed, upon inquiry, once the actions are formallycommenced. There were no other announcements from closed session.

PUBLIC COMMENT

There were no comments.

CONSENT CALENDAR

• Motion by Director Mclntosh, seconded by Director Patterson, to approve Items 1-13 on theConsent Calendar, carried (7-0) by voice vote.

1. Motion No. 149-12 ~ Approved the Regular Meeting Minutes of November 27, 2012.

2. The following correspondence was filed with the Board: 1) Report entitled "East BayCommunity Choice Aggregation Preliminary Analysis," dated December 6, 2012; 2)Presentation entitled "Proposed Financings for FY 13, December 11, 2012; 3) Presentationentitled "Water Supply Board Briefing," dated December 11, 2012; 4) Letter dated December11, 2012 from Joseph J. Haraburda, President & CEO, Oakland Metropolitan Chamber ofCommerce, to John Coleman, President, urging the Board to steer clear of a new venture ofCommunity Choice Aggregation and focus on providing water and water treatment; 5) Letter(undated) from Rebecca D. Kaplan, Councilmember At-Large, City of Oakland, to Board ofDirectors, urging the Board to conduct additional study of an East Bay Community ChoiceEnergy Program; 6) Letter from Bob Canter, ACE, President & CEO, Emeryville Chamber ofCommerce, urging the Board to focus on EBMUD's core mission of providing water andwastewater rather than pursuing Community Choice Aggregation; 7) Letter dated December11, 2012 from Nancy Skinner, Assemblymember, 15th District, California Legislature,regarding support for continued exploration of Community Choice Aggregation; and 8) Letterdated December 6, 2012 from Community Choice Working Group. Berkeley Climate ActionCoalition, to EBMUD Board and Staff, urging the Board to prioritize the development of localrenewable energy resources in an East Bay Community Choice Aggregation.

Regular Meeting Minutes ofDecember 11,2012Page 3 of9

3. Motion No. 150-12 — Awarded a contract to the lowest responsible/responsive bidder,Mosiac Crop Nutrition in the annual estimated amount of $478,000 for supplying liquidhydrofluosilicic acid (fluoride) for District Water Treatment Plar.ts for the period beginningJanuary 1, 2013 and ending December 31, 2013 with one option to renew for an additionalone-year period under Proposal No. 1305.

4. Motion No. 151-12 ~ Authorized an agreement with Konecranes, Inc. in an estimatedannual amount of $85,718 for crane inspection and minor repair at multiple Districtlocations during the period December 15, 2012 to December 14, 2016, with four optionsto renew for an additional one-year period under RFP No. PUR 074.

5. Motion No. 152-12 - Authorized a sole source contract with General Electric EnergyManagement in the amount of $1,771,950 to inspect, remove, design, furnish, test,deliver, replace, and commission the stator windings for Pardee Powerhouse Unit Nos. 1and 2 hydropower generators, including all accessories to complete the rewind.

6. Motion No. 153-12 — Authorized an amendment to the agreement with AspenTechnology, Inc. in an amount not to exceed an additional $193 030, to extend theagreement for software maintenance support services for the District'soperations/network data historian system to June 30, 2017.

7. Motion No. 154-12 ~ Authorized an amendment to the agreement with Pacific Gas &Electric Company for High-Efficiency Clothes Washer Rebate Program services in anamount not to exceed $125,000 from January 1, 2013 through June 30, 2014, with anoption to renew for two additional one-year periods through June 30, 2016 for a totalamount of $375,000.

8. Motion No. 155-12 — Authorized an amendment to extend the agreement with the Cityof San Leandro for the provision of sewer agency billing and collection services fromDecember 27, 2012 to June 30, 2013.

9. Motion No. 156-12 ~ Authorized the Office of General Counsel to continue theemployment of the law office of Ginn & Crosby, LLP, in an additional amount not toexceed $150,000 for specialized legal services related to construction, contract, claimsand litigation matters.

10. Motion No. 157-12 - Authorized the Office of General Counsel to continue theemployment of the law office of Hanson Bridgett, LLP, in an additional amount not toexceed $350,000 for specialized legal services related to construction, contract, claimsand litigation matters.

11. Resolution No. 33906-12 ~ Declaring Results Of Election Held On November 6, 2012For The Election Of Directors Of The East Bay Municipal Utility District (Wards 1, 5and 6).

12. Resolution No. 33907-12-- Approving Amendments To Memorandum OfUnderstanding Between The East Bay Municipal Utility District And The AmericanFederation Of State, County And Municipal Employees, Local 444.


13. Resolution No. 33908-12 - Amending The East Bay Municipal Utility District 401 (a)Tax Deferred Savings Plan To Make Changes Effective January :, 2013.

DETERMINATION AND DISCUSSION

14. Accept the East Bay Community Choice Aggregation Preliminary Analysis andProvide Direction to Staff on Next Steps.

Director of Operations and Maintenance Michael J. Wallis presented highlights from the EastBay Community Choice Aggregation (CCA) Preliminary Analysis report. He said that thereport summarizes studies and reports completed by the District and other cities and agenciesthat have evaluated CCAs, and describes the potential barriers, benefits, risks, costs, interestlevels and institutional issues for the District associated with participation in an East BayCCA.

Mr. Wallis said the report describes two institutional models for an East Bay CCA:1) forming a separate electric utility and 2) forming a Joint Powers Authority (JPA). Thepreliminary review of CCAs indicates that forming an East Bay CCA may be within theDistrict's authority under the California Municipal Utility District (MUD) Act. However,start-up costs are estimated at $1.6-$3.2 million with $12-20 million as required workingcapital.

The benefits include furthering the District's greenhouse gas emission reduction goals andsupporting the District's policies related to water conservation and use of renewable energy.Since the District has developed expertise in renewable power generation over severaldecades, another potential benefit is building on this foundation. The District can alsoleverage its expertise in other aspects of utility management, such as customer service, riskmanagement, and public outreach.

It was noted that a key risk is that the District does not have experience in providing utilityservices in a competitive marketplace and a market environment presents new risks thatrequire further study. The report presumes that an East Bay CCA would rely heavily oncontracted expertise for startup and operations. Another important risk element is thepotential fiscal impact of a CCA on the District. This aspect also would require carefulstudy. At the present time the District is facing increasing demands on resources forinfrastructure maintenance and water sales are projected to remain lower than historicalaverages for the next several years.

Mr. Wallis went to say that if the District pursues further study o:f an East Bay CCA, it wouldbe essential for staff to have clear direction on the goals and objectives of the District'sinvolvement. Prior to initiating discussions with interested cities the District would need todevelop a set of principles to guide staff in further research and potential negotiations. TheDistrict would also expect its resource investments of staff time and research funding to bemet with similar levels of investment by all parties interested in evaluating the governancemodels, customer benefits, costs and level of interest, and financing alternatives. A joint

Regular Meeting Minutes ofDecember 11, 2012Page 5 of9

effort among the interested parties could be accomplished under a Memorandum ofUnderstanding with each party contributing to the costs and resources. The study cost couldinclude hiring a consultant to folly analyze the governance models and the cost of forming aCCA, to quantify the potential liability of operating a CCA, and to assist in communityoutreach and market assessment. Similar efforts by other agenc.es have cost $250 000 to$500,000.

President Coleman opened the meeting to public comment on the CCA analysis.

- Addressing the Board were the following persons: 1) Dan Kalb; Councilmember-Elect,City of Oakland, urged the Board to move forward on the feasib ility study of an East BayCCA; 2) Linda Maio, Vice-Mayor, City of Berkeley, commented that the city would like tobe in partnership on an East Bay CCA; 3) Gordon Wozniak, Berkeley City Council, urgedthe Board to move forward on forming an East Bay CCA and noted that his preference forthe JPA model; 4) Paul Junge (Young), Oakland Metropolitan Chamber of Commerce,urged the Board to avoid the risk of a CCA and focus on providing quality water andwastewater services; 5) Gregory McConnell, Jobs and Housing Coalition, commented thatEBMUD should focus on its core mission of providing water and wastewater services andsaid that any CCA model would involve substantial risks; 6) Jose Duenas, CEO, AlamedaCounty Hispanic Chamber of Commerce, urged the Board to focus on providing qualitywater and wastewater services and not to spend any more money on studying an East BayCCA; 7) Greg Lamberg, commented that a CCA would be costl> and add another layer ofgeneration; 8) Wil Hardee, Oakland African American Chamber of Commerce, commentedthat a CCA is too risky and said that EBMUD should use its resources to increase itssupplier diversity and water conservation efforts; 9) Dat Nguyen. Vietnamese Chamber ofCommerce, said his organization did not support the increased cost for a CCA butencouraged EBMUD to help the business community; 10) Mr. Kim Huggett, HaywardChamber of Commerce, urged the Board to focus on providing quality water andwastewater services and not to spend any more money on studying an East Bay CCA; 11)Bob Canter, Emeryville Chamber of Commerce, commented thai the benefits of any CCAmodel were modest and he did not support further study; 12) Ma:thew Rinn, President,Pleasant Hill Chamber of Commerce, commented that EBMUD should use its resources inthe community, expressed concern about higher rates, and urged the Board halt furtherstudy of an East Bay CCA; 13) Antonio Martinez, President, IFPTE Local 21, commentedthat the costs for a CCA were too high and the benefits too low; 14) Carl Chan, ChinatownChamber of Commerce, commented that an East Bay CCA was too costly and risky andurged the Board not to spend any more money on studies; 15) Ruben Rodriguez, President,AFSCME Local 444, expressed concern about the costs to customers for an East Bay CCA;16) Thomas Kelly, Community Choice Energy Work Group, Berkeley Climate ActionCoalition, urged the Board to move forward on an East Bay CCA; 17) Cynthia Wooten,LEAN Energy U.S., urged the Board to proceed with studying the formation of an East BayCCA and commented that an electric utility model would benefit the District; 18) ObrayVan Buren, Local 342-Plumbers & Steamfitters, commented that the high cost of an EastBay CCA would impact low income customers and the District should invest in its staff;


19) Brenda Wood, Business Agent, AFSCME Local 2019, commented there were stillmany unanswered questions, particularly about employees, job creation, and capitalinvestments, 20) Jennifer Lin, Research Director, East Bay Alliance for a SustainableEconomy, urged the Board to move forward on an East Bay CCA; 21) Dave Room, LocalClean Energy Alliance, urged the Board to continue study of an East Bay CCA; 22) JessicaDervin-Ackerman, Sierra Club- San Francisco Bay-Chapter, urged the Board to continuestudy of an East Bay CCA; 23) Corrine Van Hook, Bay Localize, commented that an EastBay CCA would provide many community benefits, help businesses, improve theenvironment and create jobs; 24) Al Weinrub, Oakland Climate Action Coalition, urgedfurther study of a an East Bay CCA; 25) Joanne Drabek, urged farther study of an East BayCCA; 26) Wendy Sommer, StopWaste.org, commented that a JPA would provide energyefficiency to the community; 27) Tim McGallian, Concord Chamber of Commerce, urgedthe Board to discontinue further study of an East Bay CCA and to continue its partnershipwith PG&E; 28) Hector Stery, IBEW Local 1245, urged the Board to pursue a JPA modeland staff with union trade jobs; 29) Kimberly King, self-employed Renewable EnergyEngineer, urged the Board to continue exploring the feasibility of an East Bay CCA.

The Board discussed at length their views on community choice aggregation. There wasgeneral consensus that the District has been a good environmental steward over the yearsand provides high quality water and wastewater treatment services. President Colemanpointed out that the District has spent over $1 million over the past ten years studying thisissue. He expressed concern about the District's fiscal health, credit rating and reserves ifit ventured into community choice aggregation. President Coleman said he was not infavor of moving forward with additional study of an East Bay CCA.

Director Katz said the he could support a JPA model but suggested that cities come up withstart up costs and develop a proposal on administration of the CCA. Director Mellon saidhe was not supportive of a JPA model because it offered no benefit to the District. He saidhe did not recommend any further study of an East Bay CCA. Director Mclntoshsuggested that staff continue participating in meetings with local agencies on CCA but notbe the driving force. Director Linney recommended continuing discussions on the JPAmodel. Director Patterson expressed concern about the costs for a CCA and the relativelylow return for the District. Director Foulkes also expressed concern about the costs of aCCA and said she was not in favor of spending any more on studies. She recommendedthat the communities who are interested in an East Bay CCA pay for the study.

After considerable discussion, the following recommendations were proposed: 1) Revisitand strengthen Policy 7.07, Renewable Energy, which focuses on developing renewableenergy projects as part of the District's ongoing infrastructure mmagement effort, andupdate its goals and objectives as appropriate; 2) Discontinue further exploration of aDistrict led electric utility as a CCA model; and 3) Further studios on exploring a JointPowers Authority (JPA) as a CCA model must be funded by the cities and will not befunded by the District. However, staff is authorized to attend meetings and participate indiscussions regarding a city funded regional CCA JPA, and provide updates to the Board aswarranted.


© Motion by Director Mellon, seconded by Director Foulkes, to approve the recommenddirection to staff on Community Choice Aggregation, carried (6-1) by the following roll callvote:

Ayes: Foulkes, Katz, Mclntosh, Mellon, Patterson, ColemanNoes: LinneyAbstained: NoneAbsent: None

Motion No. 158-12 — Provided direction to staff on Community Choice Aggregation(CCA) as follows: 1) Revisit and strengthen Policy 7.07, Renewable Energy, which focuseson developing renewable energy projects as part of the District's ongoing infrastructuremanagement effort, and update its goals and objectives as appropriate; 2) Discontinuefurther exploration of a District led electric utility as a CCA model; and 3) Further studieson exploring a Joint Powers Authority (JPA) as a CCA model must be funded by the citiesand will not be funded by the District. However, staff is authorized to attend meetings andparticipate in discussions regarding a city funded regional CCA JPA, and provide updatesto the Board as warranted.

15. Legislative Update.

Special Assistant Marlaigne K. Dumaine provided updates on state and federal legislativeactivity. She reported that the 2013-2014 California legislative session began December 3,2012 with the swearing in of newly elected members. She said that staff would be followingbills and initiatives of interest to the District. The Board asked no questions.

16. Approve The Execution Of A Remarketing Agreement And Related SupportingDocuments For The $62.6 Million Wastewater System Revenue Refunding Bonds,Series 2011A, And Approve The Appointment Of JP Morgan As The RemarketingAgent. Also Approve, In Connection With All District Wastewater BondsAuthorization For The District To Provide, And Bond Trustee To Rely Upon,Instructions And Directions Provided By The District By Electronic Means.

o Motion by Director Foulkes, seconded by Director Mellon, to approve the recommended actionfor Item 16, carried (5-0) by voice vote. Directors Mclntosh and Patterson were absent.

Resolution No. 33909-12 - Authorize The Execution Of A Remarketing Agreement InConnection With The District's Wastewater System Revenue Refolding Bonds, Series2011 A; Authorize The Delivery Of A Preliminary Reoffering Circular And TheExecution And Delivery Of A Final Reoffering Circular; Authorize The Execution AndDelivery Of A Trustee Electronic Instructions Authorization In Connection ThingsDeemed Necessary Or Advisable Relating Thereto.

Regular Meeting Minutes ofDecember 11,2012Page 8 of 9

REPORTS AND DIRECTOR COMMENTS

17. General Manager's Report.

General Manager Coate noted that the Monthly Report for November 2012 was provided tothe Board. Next, Operations and Maintenance Department Manager Eileen M. Whiteprovided a brief water supply update. She reported that Water Year 2012 ended with totalsystem storage full despite low precipitation. She noted that staiewide reservoirs were alsoin good condition. Additionally, she reported that precipitation .md snow for December ismuch higher than last year at this time.

18. Committee Reports.

- Filed with the Board were the Finance/Administration Committe e Minutes of November 272012.

13. Director Comments.

- Director Foulkes reported meeting with proposers of a rowing CIUD at San Pablo Reservoir onNovember 27.

- Director Katz had no comment.

- Director Linney had no comment.

Director Mclntosh had no comment.

- Director Mellon had no comment.

- Director Patterson had no comment.

- President Coleman reported attending/participating in the following events: ACWAteleconference call on November 24; ACWA teleconference call on November 27; ACWAJPIA meeting in San Diego from December 2-3; ACWA Fall Conference from December 2-7in San Diego; agenda review meeting with General Manager Coate on December 5 in Oakland.He reported on plans to attend/participate in the following upcoming events: UMRWAExecutive Committee teleconference call on December 12; ACWA Executive Committeeteleconference call on December 14; Contra Costa Council Board neeting on December 15 inPleasant Hill; Moose Feed Luncheon on December 15 in San Francisco; and agenda reviewwith General Manager Coat on January 2, 2013.


ADJOURNMENT

The meeting was adjourned at 5:00 p.m.

SUBMITTED BY:

Lynelle M. Lewis, Secretary of the District

APPROVED: January 8, 2013

John A. Coleman, President of the Board

W:\Minutes\Minutes 2012U21112_regular_minutes.doc

AGENDA NO.MEETING DATE January 8, 2013

TITLE PURCHASE OF INFLUENT SCREENS EQUIPMENT

EMOTION • RESOLUTION • ORDINANCE

RECOMMENDED ACTION

Award a contract to the lowest responsible/responsive bidder, Duperon Corporation, in the estimated totalamount of $1,526,850 for supplying five sets of influent bar screens and washer compactors for the MainWastewater Treatment Plant (MWWTP) under Proposal No. 1306.

SUMMARY

The new influent bar screens and washer compactors will replace the existing %-inch climber screens atthe MWWTP Influent Pump Station. The new influent bar screens will have VJ-inch spacing which willsignificantly improve the removal of debris from the wastewater. Debris removal at the headworks iscritical to protect downstream process equipment and increase the reliability and usable capacity of thedigesters.

DISCUSSION

The existing %-inch climber screens allow excess debris such as rags, hair and other fibrous materials toescape downstream to the primary sedimentation tanks, and eventually collect in the digesters. Thisfibrous debris often forms a stringy solid mass, which causes plugging of pumps, heat exchangers, andgrinders. Within the last decade, new developments in screening technology have influenced otherwastewater agencies to replace their screens with finer-spaced screens with ^-inch spacing. Furthermore,as part of the ongoing digester upgrade project, the sludge withdrawal system i s being modified to apassive overflow system that will allow each digester to use its maximum capacity. Finer-spaced barscreens will reduce the potential for plugging issues in the new passive digester overflow system.

The scope of work for this project involves replacing the existing %-inch climber screens with new %-inchbar screens and washer compactors. The %-inch spacing allows more debris to be captured and removed atthe headworks, protecting downstream equipment and processes. The new bar screens will also reduceequipment maintenance and the frequency of digester cleaning. The payback for this capital project isapproximately 7 to 8 years.

Funds Available: FY13 Budget Code:WWC/927/7999/2008216/5301

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED

A#/a«j£f& OJU^WASTEWATER

General ManagerDavid R. Williams

Contact the Office of the District Secretary with questions about completing or submitting this form.

BDl MS 1004

Purchase of Influent Screens EquipmentJanuary 8, 2013Page 2

Two bar screens will be replaced in 2013 and three will be replaced in 2014, for a total of five screens.The contract contains a price escalation clause for the purchase of the three bar screens in 2014 that isbased on the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index for Metal andMetal Products for December 2012.

A separate construction contract for the installation of the new bar screens is being developed, and staffwill recommend award of the installation contract by the Board in April 2013. Due to the long-lead timefor manufacturing and delivery of this equipment (-22 weeks), pre-purchase of this equipment is requiredin order to complete the first two screen installations in 2013 before the onset of the next wet weatherseason, ha addition, equipment pre-purchase will reduce the screen cost to the District.

SERVICE PROVIDER/CONSULTANT/VENDOR SELECTION

Requests for proposals were sent to three (3) potential proposers and advertised on the District's website.One (1) bid was received. Although only one bid was received, Duperon Corporation provided a very fan-bid price for their equipment based on a comparison of previous sales for their product of similar size andcapacity, hi addition, the bid price by Duperon Corporation was below their initial quotation to the Districtand other competitive manufacturers for the influent bar screens and washer compactors. The engineer'sestimate for the equipment was $1.74 million.

CONTRACT EQUITY PROGRAM EFFORTS

The completed P-035 and P-061 forms are attached.

FISCAL IMPACT

Funds are available for this purchase in the FY13/14 capital budget in the Main Wastewater TreatmentPlant Influent Screen Replacement Project.

ALTERNATIVES

Do not purchase the influent screens equipment. This alternative is not recommended because pluggingof the digester passive overflow system causes digesters to be out of service. Providing more effectivescreening capture increases digester reliability, reduces equipment maintenance costs, reduces thefrequency for digester cleaning, and increases usable digester capacity.

Reject all bids and re-bid. This alternative is not recommended because although one bid was received,the bid is reasonable based on a comparison of previous sales and the engineer's estimate, and is withinthe project budget.

Attachments

W:\NAB\Board Documents\2013\BDlsVTanuary 8\WW - Prepurchase Influent Screens.doc

CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and contract equity participation, (completed by District)

EBMUD

PROPOSAL NO.: 1306

Purchase of Influent Screens Equipment December 20, 2012

CONTRACTOR:

Duperon CorporationSaginaw, Ml

IIllllI§iillSole Bidder

Small Business Availability Group Contracting Objectives Participation

FIRM'S OWNERSHIPBID/PROPOSER'SPRICE:

White Men 25% 100.0%Ethnicity Gender White Women 2% 0.0%

$1,526,850 White Men Ethnic Minorities 25% 0.0%

:.m^M-^g&||£Mi^^!£^^Ii^^^^BS ;i2Mj£S2Ii!££SnJL

GENDER CONTRACTING PARTICIPATIONESTIMATED

AMOUNTCOMPANY NAME ETHNICITY

White-Men

White-Women

EthnicMinorities

PubliclyHeld Corp.

Gov't/NonProfit

W Unclassified Foreign

'RIME:

Duperon Corporation

•UBS:

^lone

$1,526,850 White 100.0%

TOTAL $1,526,850 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

White Men White Women Ethnic Minorities Total Employees

No. of Employees: 30 20

Percent of Total Employees: 54.5% 36.4% 9.1% 55

MSA Labor Market %: 45.4% 40.2% 14."%

WiSA Labor Market Location: Saginaw-Bay City-Midland,

SEESContract Equity Participation - 100% White Men participation

Workforce Profile & Statement of NondiscriminationSubmitted

Good Faith Outreach EffortsRequirement Satisfied

Award Approvalf\ Reco\nmended

" • • . )NA NA

(P-035-7/11) : 1 of 1 File: Proposal-3117.xls

AFFIRMATIVE ACTION SUMMARY (P-0i31)

(Completed by District)

This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

EBMUD

Title:

Purchase of Influent Screens Equipment

Proposal*: 1306

R=RecmmdP=PrimeS=Sub

Composition of Ownership

Company Name, Owner/Contact Person,Address, and Phone Number

RP

Duperan Corporation

Terry Duperon

1200 Leon Scott Court

Saginaw, Ml 48601

989-754-8800

WM=White Male

DATE:

12/20/2012

Ethnic Minority Percentages From U.S. Census Data

National

9 Bay Area Counties

Alameda/CC Counties

B

10.5

5.5

10.7

H

1 0 . '

16.:>

15.15

A/PI

3.7

14.2

15.4

AI/AN

0.7

0.4

0.5

Number of Ethnic Minority Employees

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

AA Plan on File:

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

3ay Area

Co. Wide MSA:

B

1

-

-

1

-

-

H

4

1

1

-

2

-

NA

Saginaw-Bay City-Midland

A/PI

-

-

-

-

-

-

AI/AM

-

-

-

-

-

-

TOTAL

5

1

1

1

2

-

Date of last contract with District:

# Employees-Co. W de:

# Employees-Co. Wide:

# Employees-Co. Wi le :

# Empioyees-Co. Wiiie:

|

# Employees-Co. Wiile:

1# Employees-Co. Wide:

55

WW=White Women. EM=Ethnic Minority (Ethnicities: B=Black. H=HisDanic. A/Pl=Asian/Pacific Islander and Ai;AN=Am=riMn Inrlian/Alask

PERCENT

9 . 1 %

3.3%

8.3%

14.3%

33.3%

NA

NA

Bay Area:

Bay Area:

Bay Area:

Bay Area:

Bay Area:

IBay Area:

| TOTAL

27.3

39.9

46.2

MSA %

47.8%

39.9%

0

39.9%

39.9%

39.9%

39.9%

39.9%

Page: 1 of 1 File: Proposal-3117.xls(P-061 -7/11)

4AGENDA NO.MEETING DATE January 8. 2013

TITLE PRIVATE SEWER LATERAL APPLICATION ENHANCEMENTS

M MOTION • RESOLUTION • ORDINANCE

RECOMMENDED ACTION

Authorize an agreement with DesignMind Business Solutions in an amount not to exceed $404,875.00 forsoftware development services to construct the Private Sewer Lateral (PSL) Application Enhancements.In awarding this contract, the Board of Directors finds that this work cannot be satisfactorily performedunder civil service.

SUMMARY

A Federal Stipulated Order (SO), signed on July 22, 2009, required the District ;o adopt a Private SewerLateral Regional Ordinance (PSL Ordinance) for the wastewater service area, which the Board approvedon February 9, 2010. The PSL Ordinance was implemented January 1, 2011 and requires that propertyowners perform inspections, and if necessary, repairs or replacements, of their sewer laterals, prior toselling their property, obtaining construction permits for the property greater that $100,000, or applyingfor changes to EBMUD water service. The District is responsible for witnessing and documenting sewerlateral inspections and issuing certificates of compliance. In order to meet this responsibility, the Districtcontracted with DesignMind Business Solutions to construct the PSL Application software.

The PSL Application Enhancements are a collection of critical extensions to the PSL Application thatcould not be included in the initial application due to scheduling constraints imposed on the District by theEnvironmental Protection Agency (EPA).

DISCUSSION

The goals of the PSL Application Enhancements are to improve the efficiency, productivity andcompliance of the EPA- mandated PSL Program. Improvements include provisions for:

• Repeat inspections to facilitate tracking and fee charging for multiple trips to a site• Scheduling, including the ability to upload standardized inspection periods and other efficiencies• Mapping to facilitate geographic optimization of inspections and more efficiently utilize field staff

Funds Available FY13 Budget Code: WWC/944/7999/2002085/5231

DEPARTMENT SUBMITTING

INFORMATION SYSTEMS

DEPARTMENT MANAGER or DIRECTOR

Nicholas J. Irias

APPROVED

fe^neral Manager

Contact the Office of the District Secretary regarding questions about completing or submitting this form.

Private Sewer Lateral Application Enhancements Software DevelopmentJanuary 8, 2013Page 2

• Data management, creating a comprehensive database of inspection results that can be used forEPA reporting

• Property management, including systems for tracking exemption requests and waivers, which arecurrently processed manually

• Automation of the enforcement process, significantly streamlining manual processing and cross-checking

Once developed, the system will be maintained in the future by District forces.

CONSULTANT SELECTION

The PSL Application is custom software and requires specialized knowledge to enhance. DesignMindBusiness Solutions acquired the requisite business and application knowledge when it completed thedesign and development of the initial version of the PSL Application. DesijjnMind Business Solutionsbuilt the existing application, has in-depth knowledge of the application and our PSL-related businessprocess, and is therefore uniquely qualified to perform this work.

CONTRACT EQUITY PROGRAM


FISCAL IMPACT.

Sufficient funds are available in the Wastewater FY13 capital budget to complete the planned work.

UNION NOTIFICATION

Locals 2019 and 21 were notified of this contract on January 12, 2012. Locals 2019 and 21 did not raiseany specific issues related to this contract.

ALTERNATIVES

Delay or Do Not Proceed with the Project. This alternative is not recomm ended, because the PSLApplication Enhancements represent a collection of extensions to the existing application whose absenceis making it difficult for the District to cost-effectively comply with EPA requirements. Appointmentscheduling and enforcement are currently supported by manual processing which is not sustainable givengrowth in the PSL Program and associated workload. In addition, staff is currently negotiating a longterm consent decree that will have more robust reporting requirements that can not be met without theseupgrades.

Perform the Work with District Forces. This alternative is not recommended due to the fact thatsoftware development resources are committed to other priority projects, such as the new HR and MMISsystems.

CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and contract equity partic pation. (Completed by District)EBMUD

Professional Services Agreement

Private Sewer Lateral Application Enhancements December 13, 2012

B&^NIB&HBra»B&i&iHHg£3CONTRACTOR:

DesignMind Business Solutions, Inc.San Francisco, CA

Direct AwardSmall Business

Contracting Objectives ParticipationAvailability Group

FIRM'S OWNERSHIP 25% 100.0%White MenBID/PROPOSER'SPRICE: 0.0%6%Gender White WomenEthnicity

25% 0.0%$404,875 White Men Ethnic Minorities

[Tiff"

CONTRACTING PARTICIPATIONGENDERESTIMATED

AMOUNTCOMPANY NAME ETHNICITY Publicly

Held Corp.Gov'UNon

ProfitWhite-

MenWhite-Women

EthnicMinorities

ForeignUnclassified

PRIME:

DesignMind Business Solutions, Inc.

SUBS:

None

100.0%$404,875 White

TOTAL 0.0% 0.0% 0.0%100.0% 0.0% 0.0%$404,875 0.0%

ONTRACTOR'S WORKFORCES PROFILE (From P-025 Form)Total EmployeesEthnic MinoritiesWhite WomenWhite Men

No. of Employees: 15

4.5% 27.3%68.2%Percent of Total Employees: 22

44.0%30.8% 25.1%MSA Labor Market %:

San FranciscoMSA Labor Market Location:

Contract Equity Participation -100% White Men participation and no subcontract opportunities exist.

Vv Awa^Approval\ \ r ^ " •


Workforce Profile & Statement of NondiscriminationSubmitted f\ \ \ Recomrhjsqded

CV^->NANA

Page: 1 of 1 4terPS-3116.xls(P-035-7/11)

AFFIRMATIVE ACTION SUMMARY (P-061)


This summarizes information provided by the contractor(s)' P-025 Form regardin(| their workforce.

EBMUD

Title:

Profe.

Private Sewer Lateral ApplicationEnhancements

ssional Services Agreement



Company Name, OwnerfContact Person, Address,and Phone Number

RP WM - SBE

DesignMind Business Solutions, inc.

Mark Ginnebaugh

465 California Street, Suite 425San Francisco, CA94104

415-538-8484

DATE:

12/13/2012

Ethnic Minority Percentage:; From U.S. Census Data

National

9 Bay Area Counties

Alameda/CC Counties

B

10.5

5.5

10.7

H

10.7

16.2

15.6

A/PI

3.7

14.2

15.4

AI/AN

0.7

0.4

0.5

TOTAL

27.3

39.9

46.2


Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

AA Plan on File:

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

B

1

1--

-

1

H

4

4--

-

4

NASan Francisco

A/PI

1

1

--

-

1

AI/AN TOTAL

6

6

--

-

6

Date of last contra* rt with District:




# Employees-Co. '/Vide:

22

# Employees-Co. 'Wide:

# Employees-Co. /Vide:

PERCENT

27.3%

27.3%

NANANA

30.0%

10/3/2011

Bay Area:

Bay Area:

Bay Area:

Bay Area:

Bay Area:

Bay Area:

MSA %

44.0%

39.9%

20

39.9%

39.9%

39.9%

39.9%

39.9%

WM=White Male, WW=White Women, EM=Ethnio Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=,\merican Indian/Alaskan Native)

File: PS-3116.xlsPage: 1 of 1(P-061-7/11)

EBMUD

*S.AGENDA NO.MEETING DATE January 8, 2013

TITLE CELLULAR TELEPHONE AND PUSH-TO-TALK SERVICES - ADDITIONALPROVIDER

D ORDINANCEEl MOTION. • RESOLUTION

RECOMMENDED ACTION

Authorize an amendment to Board Motion 170-10 to include Verizon Wireless as an additional providerof cellular telephone and push-to-talk services.

SUMMARY

On December 14, 2010 the Board of Directors authorized an agreement with Sprint Solutions for a three-year period from 2011 through 2013 with two options to renew for additional one-year periods, under theWestern States Contracting Alliance (WSCA) to provide cellular telephone and push-to-talk services foremployees to communicate with each other, within workgroups and to communicate with contractors,vendors and customers. Sprint Solutions and Verizon Wireless responded to the original RFP and weredeemed responsive and qualified. Due to changes in Sprint's cellular network, ihe service performance isno longer meeting the District's communication needs and flexibility is needed :o transition to VerizonWireless. This service provider change will not affect the estimated amount of $320,000 per yearidentified in the original motion.

EVALUATION

Public Contract Code, Section 10298, specifically allows agencies to purchase directly from the statecompetitively awarded contracts without pursuing separate competitive bidding This provides a typicalsavings of 10-15% over pricing the District would get if bidding alone. The Verizon Wireless terms ofservice are consistent with the Western States Contracting Alliance (WSCA) contract which wasauthorized by the District in 2010.



FISCAL IMPACT

Funds for this contract are available in the Information Systems Department FY13 operating budget.Based on a rate comparison performed by Verizon, there will be no impact to existing service rates.

Budget Code: WSO/252/8500/5372Funds Available FY: 13-14

APPROVEDDEPARTMENT MANAGER or DIRECTORDEPARTMENT SUBMITTING

INFORMATION SYSTEMS<?£e/ieral ManagerNicholas J. Idas


Alternative Cellular Telephone and Push-to-Talk ServicesJanuary 8, 2013Page 2

ALTERNATIVES

Do not add Verizon Wireless as a service provider. This alternative is not recommended because theability of the District work groups to communicate is currently impacted by Sprint's service performance.

Conduct a competitive process to obtain pricing and vendors. This alternative is not recommendedbecause the WSCA contract provides the best terms and pricing available to the District due to theleveraged buying power of multiple states.

CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and contract equity participatio l. (Completed by District)EBMUD

Amendment to General Services Agreement

Cellular Telephone and Push-to-Talk Services - Two-Year Contract with 2One-Year Renewal Options

December 20, 2012

CONTRACTOR:

Verizon WirelessWalnut Creek, CA

Local Business Contracting Objectives ParticipationAvailability Group

FIRM'S OWNERSHIP 25% 0.0%White MenBID/PROPOSER'SPRICE: 0.0%Gender 6%Ethnicity White Women

0.0%$320,000 /year Publicly Held Corp. 25%Ethnic Minorities


AMOUNTCOMPANY NAME ETHNICITY Publicly

Held Corp.White-

MenWhite-Women

EthnicMinorities

Gov't/NonProfit

ForeignUr classifiedW

PRIME:

Verizon Wireless

SUBS:

None

Publicly HeldCorp.

100.0%$320,000

0.0%0.0% 100.0%0.0% 0.0% 0.0% 0.0%TOTAL $320,000

ONTRACTOR'S VftoRKFORCESPROFILE (From P-025 Horm) yTotal EmployeesEthnic MinoritiesWhite WomenWhite Men

18,611 32,592No. of Employees: 27,075

41.6%34.6% 23.8%Percent of Total Employees: 78,278

27.2%33.7%39.0%MSA Labor Market %:

USAMSA Labor Market Location:

'MmmmMMM^LMMMZMdmmwfimmContract Equity Participation - Zero Contract Equity participation since firm is a publicly held corporation and no subcontractopportunities exist.

Award Approval^ ^ • s . Recommended



AWNANA

File: GS-3119.xlsPage: 1 of 1(P-035-7/11)

AFFIRMATIVE ACTION SUMMARY (P-061)


This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.

EBMUD

Title: Cellular Telephone and Push-to-TalkServices - Two-Year Contract with 2 One-

Year Renewal Options

General Services Agreement



Company Name, Owner/Contact Person, Address,and Phone Number

RP Publicly Held Corp. - LBE

Verizon Wireless

Robert E. Graves

2795 Mitchell DriveWalnut Creek, CA 94598

510-421-1111

WM=\

DATE:

12/20/2012

Ethnic Minority Percentages From U.S. Census Data

National

9 Bay Area Counties

Alameda/CC Counties

B I10.5

5.5

10.7

II |

1C.7

16.2

1E.6

A/PI J

3.7

14.2

15.4

AI/AN |

0.7

0.4

0.5

TOTAL

27.3

39.9

46.2


Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

AA Plan on File:

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:White Male WW=White Women. EM=Ethnic Minority (Ethnicities: B=Bla

B

17,148

3,644

4,171

9,329

4

8

H

10,473

2,268

4,236

3,967

2

14

A/PI

4,548

2,189

1,580

779

-

17

AI/AN

4:»3

1D2

1i)81i>2

1

TOTAL

32,592

8,203

10,145

14,237

7

39

NA Date of last contra ct with District:USA # Employees-Co. Wide:


I I





ck. H=Hisoanic. A/PI=Asian/Pacific

78,278

PERCENT

41.6%

34.7%

37.4%

51.9%

11.9%

31.7%

10/1/2012

Bay Area:

MSA %

27.2%

39.9%

123

| 39.9%

Bay Area:

Bay Area:

Bay Area:

[Bay Area:

39.9%

39.9%

39.9%

| 39.9%

Bay Area

slander, and AI/AN= American Indian/Alaskan Native)

File: GS-3119.xlsPage: 1 of 1(P-061-7/11)

EBMUD

AAGENDA NO.MEETING DATE January 8. 2013

TITLE AUTHORIZE CONTINUED EMPLOYMENT OF BARG, COFFIN, LEWIS & TRAPP, LLP,AS SPECIAL COUNSEL

m MOTION. • RESOLUTION • ORDINANCE

RECOMMENDED ACTION

Authorize the Office of General Counsel to continue employment of the lew firm of Barg, Coffin, Lewis& Trapp, LLP, for services of special counsel related to environmental regulation and litigation matters inan additional amount not to exceed $200,000.

DISCUSSION

The firm of Barg, Coffin, Lewis & Trapp has been retained to assist the Office of General Counsel inenvironmental regulation and related litigation matters. The Office of General Counsel is now requestingauthorization for additional funds for services described in a separate confidential memorandum to theBoard of Directors.



FISCAL IMPACT

Sufficient monies have been budgeted in the Office of General Counsel's budget for fiscal year 2013 forthis request for specialized legal assistance.

Budget Code: WSO 130 8511 5:»31Funds Available: FY 2013

DEPARTMENT SUBMITTING

Office of General Counsel

DEPARTMENT

Contact the Office of the District Secretary regarding questions about completing or submitting this form.

BDl PS 1008

CONTRACT EQUITY PROGRAM SUMMARY (P-035)EBMUD This summary contains information on the contractor's workforce and contract equity partio pation. (completed by District)

Amendment to Professional Services Agreement

Authorize Continued Employment of Barg, Coffin, Lewis, & Trapp, LLP, asSpecial Counsel

December 13, 2012

CONTRACTOR:

Barg, Coffin, Lewis, & Trapp, LLPSan Francisco, CA


AMOUNTCOMPANY NAME ETHNICITY

PubliclyHeld Corp.

Gov't/NonProfit

EthnicMinorities

White-Men

White-Women

Unclassified Foreign

PRIME:

Barg, Coffin, Lewis, & Trapp, LLP

SUBS:

None

$200,000 100.0%White

0.0%0.0% 0.0%TOTAL $200,000 100.0% 0.0% 0.0% 0.0%

ONTRACTOR'S WORKFORCES PROFILE {From P-025 Form)Total EmployeesEthnic MinoritiesWhite WomenWhite Men

No. of Employees: 1112 14

37.8% 29.7%32.4%Percent of Total Employees: 37

44.0%30.8% 25.1%MSA Labor Market %:

San Franci;3coMSA Labor Market Location:

ISQMMENTS!

Contract Equity Participation -100% White Men participation and no subcontract opport jnities exist.

A<wara~A{}p ro va I\ RB^OTBttieh^ed



NANA

Page: 1 of 1•(P-035-7/11)

AFFIRMATIVE ACTION SUMMARY (P-OB1)

EBMUD (Completed by District)

This summarizes information provided by the contractors)' P-025 Form regarding their workforce.

Title: Authorize Continued Employment of Bara.Coffin, Lewis, & Trapp, LLF

Counsel

Professional Services Agreement



Company Name, Owner/Contact Person, Address,and Phone Number

RP WM - SBE

Barg, Coffin, Lewis, & Trapp, LLP

John F. Barg350 California Street, 22nd Floor

San Francisco, CA 94104

415-228-5410

WM=White Mai

, as Special

DATE:

12/13/2012

Ethnic Mino

|

National

9 Bay Area Counties

Alameda/CC Counties

rity Percentages From U.S. Census Data

B

10.5

5.5

10.7

" I107

162

156

A/PI I

3.7

14.2

15.4


Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

AA Plan on File:

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

Company Wide

Manager/Prof

Technical/Sales

Clerical/Skilled

Semi/Unskilled

Bay Area

Co. Wide MSA:

B

2

1-

1-

2

H

2

-

-

2-

2

NASan Francisco

A/PI

7

2

-

5

-

7

AI/AN

-

-

--

-

-

TOTAL

11

3

-8

-

11

Date of last contract with District:



37

# Employees-Co. 'Wde:

# Employees-Co. 'Wide:

# Employees-Co. /Vide:

e. WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, AJPI=Asian/Paci(ic


Islander, and AI/AN= \merican Indian/Alas

AI/AN |

0.7

0.4

0.5

PERCENT

29.7%

15.8%

NA44.4%

NA

29.7%

3/1/2002

Bay Area:

Bay Area:

Bay Area:

Bay Area:

Bay Area:

Bay Area:kan Native)

TOTAL

27.3

39.9

46.2

MSA %

44.0%

39.9%

37

39.9%

39.9%

39.9%

39.9%

39.9%

File: PS-3115.xlsPage: 1 of 1(P-061-7/11)

7.EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: January 3, 2013

MEMO TO: Board of Directors

THROUGH: Alexander R. Coate, General Manager rft^'

FROM: Marlaigne Dumaine, Manager of Legislative Affairs

SUBJECT: Federal Legislative Initiatives for 2013

OVERVIEW

The 113th Congress convenes this month amidst a challenging political environment stemming fromthe continued need to address federal spending. In addition to the fiscal issues, congress' domesticpolicy agenda is likely to be comprised of issues of interest to EBMUD, including infrastructure andthe Sacramento-San Joaquin Delta.

Infrastructure assistance will continue to be a key policy issue and congress is expected to continue toexplore ways to allocate limited resources for infrastructure funding. The house and senateinfrastructure committees have expressed interest in proposals to promote low interest loans,infrastructure banks, public-private partnerships, and other more traditional financing mechanisms.Congress may also review the issue of local and state tax-exempt financing as part of any tax reformefforts.

Congressional efforts to reauthorize the Water Resources Development Act (V/RDA) are likely to gainmomentum during 2013. Congressional leaders have been canvassing members to ascertain the valueof earmarks with a particular emphasis on WRDA. The Senate Committee on Environment and PublicWorks held a hearing on a draft WRDA bill in late 2012, however, the legislation did not advance priorto the end of the session. Senator Barbara Boxer has identified WRDA as a top priority for 2013. TheHouse Committee on Transportation and Infrastructure, with its new Chairman Bill Shuster (R-PA),has also signaled that WRDA is a priority. Accordingly, WRDA legislation is expected to be broughtforth in this congressional session. A new WRDA is anticipated to be policy-oriented as opposed to thetraditional focus on project authorizations. However, it will be important to advance EBMUD's projectauthorization needs to the extent feasible.

With regard to securing appropriations for projects with existing WRDA authorizations, including"new starts," the climate in 2013 will continue to be austere. House and senate rules continue to denyproject earmarks. However, there are some indications these rules may be revisited in 2013. It isimportant that EBMUD continue to advance its project appropriation requests to ensure EBMUD'sneeds are communicated to its congressional delegation in the event the earmark rules are revised in amanner that allows for project funding.

On the policy front, issues of interest to EBMUD continue to be primarily focused on matters relatingto the Sacramento-San Joaquin Delta, including funding, mitigation, and water supply.

Board of DirectorsFederal Legislative Initiatives for 2013January 3, 2013Page 2

EBMUD's 2013 federal legislative initiatives have been developed consistent with the past year'sgoals and objectives with the understanding that congress and the administration are operating in aconstrained fiscal environment. EBMUD's 2013 federal legislative initiatives are focused on items ofhighest priority for EBMUD: infrastructure funding; fiscal year 2014 (FY14) project appropriations,WRDA project authorization requests, and advancing EBMUD's interests within the key policy area ofthe Sacramento-San Joaquin Delta. These four EBMUD 2013 federal initiatives are summarized in thetable below and described in detail in the attachment.

FEDERAL INITIATIVE1. Seek federal funding opportunities forinfrastructure projects via any new federalprograms which may be developed and anyexisting programs.

2. Continue to seek federal funding forEBMUD's three WRDA authorized projects- the San Ramon Valley Recycled WaterProject, the Integrated Regional RecycledWater Program, and the Bay Area RegionalDesalination Project.

3. Continue to pursue new WRDA fundingauthorizations for EBMUD's seismicprogram and the San Ramon ValleyRecycled Water Project.

4. Advance EBMUD's Bay Delta needswith its federal delegation.

ACTION• Seek any available federal funding opportunities for

EBMUD's infrastructure projects consistent with the District'scurrent Capital Improvement Program.

• Pursue FY14 federal funding appropriations of $450,000, $5million, and $4 million for the; San Ramon Valley RecycledWater Project, the Integrated Recycled Water Program, andthe Bay Area Regional Desalination Project, respectively.

• Pursue new WRDA funding authorizations in the amounts of$35 million for EBMUD's seismic program and $20 millionfor the San Ramon Valley Water Recycling Project.

Staff will focus on EBMUD's priority issues:

• EBMUD's ratepayers should not be held responsible for theflow obligations, project mitigations, or the expected habitatrestoration success of others, including the state and federalprojects.

• EBMUD's ratepayers should not be asked to pay for costs thatare the responsibility of others, or for any user fee orsurcharge that subsidizes other parties.

• Any solution that would impact the Mokelumne salmonidfishery should include mitigat.on by the responsible parties forthe impacts.

Attachment

Attachment

FEDERAL INITIATIVES - 2013

INTIATIVE #1 - SEEK FEDERAL FUNDING OPPORTUNITIES FORINFRASTRUCTURE PROJECTS

Background

The 113th Congress is expected to focus in large part on infrastructure assistance policy as membersconsider how to support and spur economic growth. Congress is expected to convene hearings on thepriority of water infrastructure with particular attention given to the role of private sector fundingassistance and the use of tax-exempt funding tools. In addition, the conventional funding of the StateRevolving Loan Fund Program, as well as how it would be impacted by private sector assistance,Water Infrastructure Financing Innovation Act assistance, infrastructure bankf), or other innovativefinancing approaches, is anticipated to be part of the larger congressional debate on how waterinfrastructure needs should be addressed.

Staff will work with EBMUD's delegation, appropriate committee staff, and tie administration toadvance EBMUD's infrastructure funding needs.

Recommended ActionSeek any available federal funding opportunities for EBMUD's infrastructure projects consistent withEBMUD's Capital Improvement Program priorities.

INTIATIVE #2 - PURSUE FISCAL YEAR 2014 (FY14) FEDERAL FUNDINGAPPROPRIATIONS FOR EBMUD'S SAN RAMON VALLEYRECYCLED WATER PROJECT, EBMUD'S INTEGRATED REGIONALRECYCLED WATER PROGRAM, AND THE BAY AREA REGIONALDESALINATION PROJECT

Background

In 2012, EBMUD sought FY13 federal funding appropriations for the San Ramon Valley RecycledWater Project, the Integrated Recycled Water Program, and the Bay Area Regional DesalinationProject. However, a combination of federal budget constraints and a congressional ban on projectearmarks rendered each of these requests unsuccessful. Though the likelihood of receiving project-specific FY14 appropriations remains low, staff will continue to pursue appro] )riations for each ofthese projects as described below. The projects are presented in order of priority, from the highest tothe lowest.

San Ramon Valley Recycled Water ProjectThe San Ramon Valley Recycled Water Project is estimated to provide approximately 6,400 acre-feetof recycled water per year for irrigation uses within the San Ramon Valley. Total joint project costs forthe participating agencies (EBMUD and Dublin San Ramon Services District) are estimated to be morethan $150 million.

In 1999, the Water Resources Development Act (WRDA) provided congressional authorization for$15 million in federal funding toward planning, design, and construction assistance by the U.S. Corpsof Engineers for the San Ramon Valley Recycled Water Project. The total appropriations for thisproject to date have nearly exhausted the authorized funding level with approximately $450,000remaining in this initial $15 million authorization. Project appropriations totaling approximately $14.5million were granted from FY02 through FY10 for planning, design, and construction activities.

Despite the austere federal funding climate, staff will continue to pursue the remaining $450,000 in theexisting WRDA authorization for this project. This funding will be used toward the construction ofpipelines that are part of Phases 2, 3, and 4 of the project. Staff will simultaneously pursue a newWRDA funding authorization for this project in the amount of $20 million, as discussed underInitiative #2.

Integrated Recycled Water ProgramThe 2008 enactment of WRDA provided a $25 million funding authorization for the IntegratedRegional Recycled Water Program project. An appropriation for this project has not yet been secured.Because this project is considered by congress to be a "new start," it means that funding opportunitieswill hinge on how congress and the administration address new water infrastructure priorities.

EBMUD staff will continue to pursue initial funding for the Integrated Regional Recycled WaterProgram in the amount of $5 million as an FY14 appropriations request. Funding for this project willbe used for the design and construction of Phase IB of the East Bayshore Recycled Water Project. Thisproject could ultimately supply up to approximately 2.5 million gallons per day of recycled water,which includes replacing the use of potable water in portions of Alameda, Oakland, Emeryville,Berkeley, and Albany.

Bay Area Regional Desalination ProjectThe Bay Area's largest water agencies, the Contra Costa Water District, the East Bay Municipal UtilityDistrict, the San Francisco Public Utilities Commission, the Santa Clara Valley Water District and theAlameda County Flood Control and Water Conservation District - Zone 7, arc jointly exploring thedevelopment of regional desalination facilities that would benefit over 5.6 million Bay Area residentsand businesses served by these agencies. The Bay Area Regional Desalination Project would consist ofone or more facilities, with an estimated capacity range of 10 to 50 million gallons per day, enoughwater to serve 100,000 to 500,000 people. This project would provide a local water source and increasewater supply reliability during emergencies, such as droughts and earthquakes, without increasing theregion's reliance on Delta tributaries and would present an opportunity to develop a highlycollaborative approach to leverage funding at the federal level.

The existing authorization for regional desalination is $4 million. Due to its presence in Washington,D.C., EBMUD has agreed to represent the partner agencies in pursuing this authorization.Accordingly, EBMUD staff will continue to pursue $4 million on behalf of the project partners inFY14 funding for this project.

Recommended Action

Pursue FY14 federal funding appropriations in order of priority: $450,000 for the San Ramon ValleyRecycled Water Project, $5 million for the Integrated Recycled Water Program, and $4 million for,theBay Area Regional Desalination Project.

INTIATIVE #3 - CONTINUE TO SEEK FUNDING AUTHORIZATIONS FOR TWOEBMUD WATER RESOURCES PROJECTS UNDER THE WRDA

In 2012, EBMUD staff provided WRDA funding authorization requests for three projects: (1) theRegional EBMUD Seismic Component Upgrade (RESCU) program to increase the seismic stability ofEBMUD's water distribution and raw water storage reservoirs; (2) interties between EBMUD'sMokelumne aqueducts; and (3) the San Ramon Valley Recycled Water Project. However, congress didnot finalize a WRDA package in 2012. The aqueduct intertie project is expected to be substantiallycompleted in 2013, therefore an FY14 authorization request for this project will not be appropriate.Staff will maintain the authorization requests for the RESCU program and the San Ramon ValleyRecycled Water Project for FY14, as described below.

RESCUEBMUD's RESCU program recognizes the presence of several active earthquake faults that runthrough its service area in the East Bay and on-going seismic risks in the Delta. This program isintended to increase the seismic stability of the water system, including water storage reservoirs,pipelines, and facilities to treat and pump water. This would help protect the proximate denselypopulated urban communities from flooding during a major earthquake and enhance EBMUD's watersupply reliability. Components of the RESCU program include:

• Briones, Chabot, Upper San Leandro, and Lafayette Tower Seismic Upgrades;• Dam Seismic, Operational, Surveillance, and Instrumentation Upgrades;• West of Hills Pressure Zone Improvements; and• Mokelumne Aqueduct upgrades

The cost of the RESCU program is estimated to be $150 million or more. EBMUD's request for aninitial authorization is $35 million. This amount is consistent with prior federal authorizations forsimilar projects.

San Ramon Valley Recycled Water ProjectWith the near exhaustion of the existing $15 million funding authorization for the San Ramon ValleyRecycled Water Project, staff will request an additional authorization in the amount of $20 million.Based on past authorization levels for similar projects, a request of $20 million is feasible. Thisfunding will be used for the design and construction of phases 3, 4, 5 and 6 distribution lines and twopump stations (Phases 3 and 4). The areas that will be served by these phases of the project are: SanRamon and Danville (Phase 3); Blackhawk (Phase 4); Blackhawk West (Phase 5); and Danvilleexpansion (Phase 6).

Recommended Action

Continue to work with EBMUD's congressional delegation to ensure continued support of EBMUD'sWRDA authorization requests for the RESCU program and the San Ramon Valley Recycled WaterProject.

INITIATIVE #4 - ADVANCE EBMUD'S DELTA NEEDS WITH FEDERAL DELEGATION

The appropriate federal response to the Bay Delta Conservation Plan (BDCP) and the efforts to addressCalifornia water resources issues is likely to continue to be debated in congress. Over the past twoyears, EBMUD has worked with its congressional delegation and relevant stakeholders to ensure thatany Delta-related federal policy or legislation does not negatively impact EBMUD ratepayers.Congress will likely continue to focus on Delta-related issues in 2013 and may continue to work on afederal response to address water supply, water quality, and ecosystem protection needs. Staff willmonitor the development of Delta-related legislation and administration policies and work to ensurethat EBMUD's needs are effectively communicated.

Recommended Actions

Communicate and work with EBMUD's congressional delegation, the administration, and relevantcongressional committees on EBMUD's Delta needs and respond to any questions on how proposalsmay impact EBMUD. Staff will focus on EBMUD's priority issues:

1. EBMUD's ratepayers should not be held responsible for the flow obligations, projectmitigations, or expected habitat restoration success of others, including the state and federalprojects.

2. EBMUD's ratepayers should not be asked pay for costs that are the responsibility of others, orfor any user fee or surcharge that subsidizes other parties.

3. Any solution that would impact the Mokelumne salmonid fishery should include mitigation bythe responsible parties for the impacts.

ARC:MD:JF

AGENDA NO.MEETING D^ TE January 8, 2013

REMARKETING OF SERIES 2009A-2 WATER SYSTEM BONDS

MOTION _ _ m RESOLUTION

TITLE

ORDINANCE

RECOMMENDED ACTION

Kosa & co. Inc. and RBC Capital Markets Corporation as remarketing agents.

SUMMARY

The Series 2009A-2 Bonds were remarketed on March 1 2012 at a vari«Mp \n*~ • • i ,weekiy Secuntias Industry and Financia! Mates Assouan (SMA) MIZ f C l d * x°T °

financial advisor. At the end of the interest rate period the District will have to ^ Z ^ S f

I t wZ r b l t T u t . ^ ^ Peri°d' rema±et b°ndS Wi* ^ "W-t. o - S eThe bond resolution approves the form of the remarketing agreement, continuing disclosure agreementand preliminary reoffering circular and delegates authority to the General M.mafer F i Z e Srector Or

the Treasury Manager to execute the remarketing agreements and any other agreern^nSTnd ac ons

DISCUSSION

The currently outstanding Series 2009A-2 bonds were most recently remarkeved in March 2012 for atwelve-month interest period and at a variable interest rate equal to the weeklv^SFMA Index p i s 1 basispoint. The bonds now need to be remarketed for an additional interest period begi^ng r^rch 1 2013The new interest rate period will be determined closer to the time of pricing

DEPARTMENT SUBMITTING DEPARTMENTJ^?A^^sr DIRECTOR APPROVED

s4tt- rtf.e*Finance yEric L. Sandier


Remarketing of Series 2009A-2 Water System BondsJanuary 8, 2013Page 2

The interest rate on the bonds will change weekly based on the SIFMA Index, and is expected to closelymatch the rate on the pre-existing interest rate swap agreements that are connected to this transaction Atleast three months ahead of the end of this next interest period, the District will begin the processnecessary to remarket and reset the interest rate on the bonds for a new interest rate period remarket thebonds with liquidity support, or refund the Series 2009A-2 with a new bone, issue. The bond resolutionauthorizes the Director of Finance and appropriate staff to make the applicable determinations as to theactions the District will take at the end of the new interest rate period and to provide notices requiredunder the Bond Indenture in connection therewith.

A summary of the key bond documents is as follows:

" Am^ded and Restated Remarketing Agreement replaces the existing remarketing agreement andappoints E J. De La Rosa & Co. Inc. and RBC Capital Markets Corporation as remarketing agents.

* Preliminary Reoffering Circular provides information about the District and the terms of the bondsto be reoffered to potential investors.

e Continuing Disclosure Agreement outlines District's responsibility to provide ongoing disclosureinformation to investors in the bonds as provided by the securities laws

FISCAL IMPACT

It is expected that the remarketing of the Series 2009A-2 bonds will allow the District to avoid increasedcosts for liquidity support. The remarketing fees and associated costs are not expected to exceed

ALTERNATIVE

Do not remarket the Series 2009A-2 bonds. Alternatives to remarketing the SIFMA Index Bondsn l S S ^ f n O t r e c o m m e n d e d > i n c I u d e e i t h e r remarketing the bonds as a variable rate demand obligations(VRDO) with liquidity support or refunding them with fixed-rate debt. Either option would result inhigher debt service costs for the District.

Attachments

I:SEC\01-08-13 Board Agenda Items\FIN - BD1 Remarketing of Series 2009A2 Water System Bonds 010813.doc

Draft Prepared By

'tJULj-;e of General Counsel

RESOLUTION NO.

APPROVE THE FORM AND AUTHORIZE THE EXECUTION OF AREMARKETING AGREEMENT IN CONNECTION WITH THE DISTRICT'S

WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 2009A-2;AUTHORIZE THE DELIVERY OF A PRELIMINARY REOFFERINGCIRCULAR AND THE EXECUTION AND DELIVERY OF A FINALREOFFERING CIRCULAR; AUTHORIZE AND RATIFY CERTAINRELATED ACTIONS; AND AUTHORIZE THE OFFICERS OF THE

DISTRICT TO DO ALL OTHER THINGS DEEMED NECESSARY ORADVISABLE RELATING THERETO

Introduced by Director ; Seconded by Director

WHEREAS, as authorized by Resolution No. 33704-09 adopted on February 24, 2009("Resolution No. 33704-09"), the East Bay Municipal Utility District (the "District") previouslyissued its Water System Revenue Refunding Bonds, Series 2009A (previously designated "WaterSystem Subordinated Revenue Refunding Bonds, Series 2009A" and hereinafter referred to asthe "Series 2009A Bonds") in the aggregate principal amount of $331,155,000, pursuant to theWater System Subordinated Revenue Bond Indenture, dated as of April 1, 1990, by and betweenthe District and First Interstate Bank of California, which has been succseded by The Bank ofNew York Mellon Trust Company, N.A., as successor trustee (the "Trustee"), as amended andsupplemented, including as supplemented by the Fifteenth Supplemental Indenture, dated as ofMarch 1, 2009 (the "Fifteenth Supplemental Indenture"), by and between the District and theTrustee (as so amended and supplemented, the "Water Bond Indenture"), of which $82,075,000aggregate principal amount of such Series 2009A Bonds is outstanding as of the date hereof; and

WHEREAS, the Series 2009A Bonds are comprised of two subseries, Series 2009A-1 currentlyoutstanding in the aggregate principal amount of $41,040,000 (the "Series 2009A-1 Bonds") andSeries 2009A-2 currently outstanding in the aggregate principal amount of $41,035,000 (the"Series 2009A-2 Bonds"), and each subseries is currently in a SIFMA-Based Term Interest RatePeriod (during any such SIFMA-Based Term Interest Rate Period the Series 2009A Bonds ofeach subseries will bear interest at a variable rate determined on the basis of the weeklySecurities Industry and Financial Markets Association ("SIFMA") Municipal Swap Index plus orminus a spread, if any); and

WHEREAS, the current SIFMA-Based Term Interest Rate Period for the Series 2009A-2 Bondsends on February 28, 2013 with the Series 2009A-2 Bonds subject to mandatory tender onMarch 1,2013; and

WHEREAS, the District has reviewed its alternatives with respect to the Series 2009A-2 Bondsas the end of the current SIFMA-Based Term Interest Rate Period for such Series 2009A-2Bonds approaches and has determined that it is in the best interests of the District to provide forthe remarketing of the Series 2009A-2 Bonds upon the mandatoiy tender thereof on

March 1, 2013 and the establishment of a new SIFMA-Based Term Interest Rate Period for suchSeries 2009A-2 Bonds to take effect on March 1, 2013 and the proper officers of the Districthave taken, and will take, such actions and have given, and will give, such notices as requiredunder the Water Bond Indenture in connection therewith; and

WHEREAS, the District intends to enter into a remarketing agreement, by and between theDistrict and the remarketing agents named therein, pursuant to which ttie remarketing agentsnamed therein shall agree, upon certain conditions, to purchase the Series 2009A-2 Bonds and toremarket such Series 2009 A-2 Bonds upon the mandatory tender thereof on March 1, 2013; and

WHEREAS, the remarketing agents will distribute a preliminary and a final reoffering circularrelating to the Series 2009A-2 Bonds to prospective and actual purchasers of the Series 2009A-2Bonds in connection with the remarketing thereof; and

WHEREAS, there has been presented to this meeting proposed form!! of certain financingdocuments relating to the Series 2009A-2 Bonds and the remarketing thereof;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of East Bay MunicipalUtility District, as follows:

Section 1. Recitals True and Correct. The Board hereby finds and determines that theforegoing recitals are true and correct.

Section 2. Approval of Remarketing Agreement(s). The Board hereby approves theengagement of E.J. De La Rosa & Co., Inc. acting solely or with RBC Capital Markets, LLC asremarketing agents for the Series 2009A-2 Bonds (and/or the engagement of such otherremarketing agents as the General Manager, the Director of Finance or the Treasury Managershall determine) (collectively, the "Remarketing Agents") in connection with the remarketing ofthe Series 2009A-2 Bonds upon the mandatory tender thereof on March 1, 2013. The GeneralManager, the Director of Finance or the Treasury Manager or the designee of any of suchofficers is hereby authorized and directed to execute for and on behalf of the District one or morenew or amended and restated remarketing agreements, in substantially the form as submitted tothis meeting, with such changes, insertions and omissions as the General Manager, the Directorof Finance or the Treasury Manager shall approve after consultation with the District's GeneralCounsel and Fulbright & Jaworski L.L.P. and Curls Bartling P.C., the District's Co-BondCounsel, such approval to be conclusively evidenced by the execution and delivery thereof;provided that the remarketing agents' fees thereunder in connection with the remarketing of theSeries 2009A-2 Bonds upon the mandatory tender thereof on March 1, 2013 shall not exceed0.250% of the aggregate principal amount of the Series 2009 A-2 Bonds purchased or remarketedthereunder. The new or amended and restated remarketing agreement(s), as executed anddelivered, are hereinafter referred to as the "Remarketing Agreement(s)" and the RemarketingAgreement(s) are hereby approved.

Section 3. Approval of Preliminary Reoffering Circular. The Board hereby approves theform of preliminary reoffering circular of the District relating to the Series 2009A-2 Bonds, insubstantially the form as submitted to this meeting, with such additions thereto and changestherein (including such changes and additions to reflect the terms of the Series 2009A-2 Bonds

as are approved by the General Manager, the Director of Finance or the Treasury Manager afterconsultation with the District's General Counsel and Co-Bond Counsel). The General Manager,the Director of Finance or the Treasury Manager is hereby authorized to authorize theRemarketing Agents to distribute such preliminary reoffering circular in connection with theremarketing of the Series 2009A-2 Bonds. The General Manager, the Director of Finance or theTreasury Manager or any duly authorized designee of the General Manager designated by theGeneral Manager in writing to act on behalf of such officer for such purpose is hereby authorizedto certify that the preliminary reoffering circular is as of its date "deemed final" for purposes ofRule 15c2-12 of the Securities and Exchange Commission. The General Manager, the Directorof Finance or the Treasury Manager or any duly authorized designee of the General Managerdesignated by the General Manager in writing to act on behalf of such officer for such purpose ishereby authorized to cause to be prepared and to execute for and on behalf of the District a finalreoffering circular in substantially the form of the preliminary reoffering circular with suchchanges therein (and additions thereto) to reflect the terms of the remarketing of the Series2009A-2 Bonds and to comply with applicable federal securities laws as the General Manager,the Director of Finance or the Treasury Manager shall approve after consultation with theDistrict's General Counsel and Co-Bond Counsel, such approval to be evidenced by theexecution and delivery thereof.

Section 4. Authorization to Make Certain Determinations and Take Other Actions inConnection with Series 2009A-2 Bonds Prior to the End of the New SIFMA-Based Term InterestRate Period. The General Manager, the Director of Finance or the Treasury Manager or any dulyauthorized designee of the General Manager designated by the General Manager in writing to acton behalf of such officer for such purpose is hereby authorized prior i:o the end of the newSIFMA-Based Term Interest Rate Period for the Series 2009A-2 Bonds to take effect onMarch 1, 2013 (a) to determine whether, upon the mandatory tender of such Series 2009A-2Bonds following the end of the new SIFMA-Based Term Interest Rate Period, the Series2009A-2 Bonds are to be remarketed in a subsequent SIFMA-Based Term Interest Rate Period oranother Interest Rate Period (as such term is defined in the Fifteenth Supplemental Indenture),which determination shall be made taking into account the advice of the District's FinancialAdvisor and on the basis of what bond structure in light of the existing market conditions is inthe best interests of the District, and (b) to take all actions to provide for the preparation anddelivery of all written directions and notices required under the Waier Bond Indenture inconnection with any such remarketing; and (c) to provide for the preparation of a reofferingcircular, one or more remarketing agreements and such other documents necessary to effect suchremarketing which, once prepared, will be presented for the Board's consideration.

Section 5. Additional Actions. The General Manager, the Dirsctor of Finance, theTreasury Manager and all such other proper officers of the District <ire hereby authorized,individually and collectively, to take all actions and execute any and all documents necessary toeffect the remarketing and redelivery of the Series 2009A-2 Bonds as contemplated by thisResolution, the Remarketing Agreement(s), the preliminary reoffering circular(s) and the finalreoffering circular(s); and to do any and all things and to execute and deliver such otheragreements, documents and certificates (including, but not limited to: (i) executing anddelivering, or approving, as applicable, any amendments to the Fifteenth Supplemental Indentureor other documents relating to the Series 2009A-2 Bonds as shall be requested by any ratingagency, the Remarketing Agents or any other entity if such changes are determined by the

General Manager, the Director of Finance or the Treasury Manager to be necessary or advisableand (ii) providing for the giving of written directions and notices or the securing of any requiredthird party approvals required by the Water Bond Indenture or otherwise in connection with thetransactions contemplated by this Resolution) as may be necessary, convenient, or advisable inorder to consummate the remarketing and redelivery of the Series 2009A-2 Bonds and otherwiseto carry out, give effect to and comply with the terms and intent of this Resolution, the Series2009A-2 Bonds, the Water Bond Indenture, the Remarketing Agreement(s), the preliminaryreoffering circular(s) and the final reoffering circular(s) and the transactions herein authorized.All such actions heretofore taken by such officers or their designeeg are hereby ratified,confirmed and approved.

ADOPTED this 8th day of January, 2013 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PresidentATTEST:

Secretary

APPROVED AS TO FORM AND PROCEDURE:

General Counsel

W:\400 GOV-MGMT\410 EBMUDBOAREA410.01 Resolutions\Bonds\Water Bonds Series 2009A-2 l-8-13.doc

9EAST BAY MUNICIPAL UTILITY DISTRICT



FROM: Alexander R. Coate, General Manager / f ^ C -

SUBJECT: Monthly Report - December 2012

HIGHLIGHTS

The United States Army Corps of Engineers (USAGE) is planning to move forward with anew recycled water project in San Ramon. There is $200,000 remaining from previousWRDA appropriations that has not been committed, and up to $300,000 from previousSRVRWP projects that could be de-obligated and applied to a new project. USACE plans tonegotiate a contract for approximately $500,000 with North Star Construction to install recycledwater pipes in Bishop Ranch Business Park. The work will likely begin in 2013.

WATER SUPPLY AND WATER RIGHTS PROGRAMS AND ACTIVITIES

Mokelumne River Fish Hatchery. The total number of salmon returning to the Mokelumnenow exceeds 12,000 for the 2012 season. 6,199 Chinook salmon have entered the MokelumneRiver Fish Hatchery resulting in 1,701 females being spawned producing approximately 9million eggs of which 5.2 million are being kept for production. Weekly salmonid redd surveyson the lower Mokelumne River continued and 1,270 Chinook salmon redds have been identified.

Coordination continues with the SWRCB on the Camanche permit extension and additionalchange petitions. Staff continues to work with the SWRCB on water right!; issues includingenvironmental analysis associated with the permit and additional change petitions recently filed bythe District. Staff is preparing the environmental analysis and will publish the draft EIR in early2013. On December 19, five change petitions were submitted to the State Water Board. Thechanges consist of adding recreation and fish and wildlife preservation and enhancement to theuses of Pardee and Camanche reservoirs, and adding Camanche powerhouss as a place of use andpoint of re-diversion to the three Pardee power rights.

The Oakland Museum conversion to recycled water is complete. The final repair and pressuretesting on the fire service backflow was successfully conducted and the irrigation systemseparation was completed on December 19. Staff performed a final inspection of the piping andthe Museum's grounds signage, labeling and pending punch list items to their satisfaction.Accordingly, recycled water was turned on.

Board of DirectorsMonthly Report - December 2012Page 2

Work continues with the City of Richmond on the wastewater joint implementation study.Initial modeling results indicated that conveying the City's wastewater to the District's system atPoint Isabel could lead to significantly increased discharges from Point Isabel during wetweather, which may not receive regulatory support. Staff is identifying and evaluating otherDistrict alternatives. One alternative would be to construct a pipeline connecting to a pointdownstream of Point Isabel, or all the way to the Main Wastewater Treatment Plant. Anotherpossible alternative would be to maintain the Richmond Water Pollution Control Plant as a liquidtreatment facility but convey solids to the District for treatment and recycling as renewableenergy and fertilizer product.

Precipitation. The East Bay precipitation for December was 5.26 inches (] 09% of average, 22ndwettest December on record) and a season total of 12.54 inches (127% of average, 20th wettestseason to-date). The Mokelumne precipitation for December was 11.82 inches (148% of average,21st wettest December on record) and a season total of 24.10 inches (139% of average, 16thwettest season to-date).

Releases from Camanche Reservoir. The average rate of Camanche Reservoir release forDecember was 430 cfs (367 cfs generation, 28 cfs sluice, and 35 cfs through the hatchery), andthe average flow below Woodbridge Dam was 358 cfs, both in accordance with the JointSettlement Agreement "Below Normal" criteria for December 2012.

Mokelumne Reservoirs Storage. As of December 31, 2012, Pardee Reservoir level was at 559.3feet or 103% of average, and the Camanche Reservoir level was at 217.5 feet or 114% ofaverage. Combined Pardee and Camanche Reservoir storage is 472,000 acre-feet compared to422,000 acre-feet last year.

Releases from East Bay Reservoirs. Releases are being made to bring the reservoirs to theirnormal operating ranges for the winter season. Upper San Leandro Reservoir release is 100 cfs.Chabot Reservoir release is 125 cfs.

East Bay Reservoirs Storage. As of December 31,2012, USL Reservoir level was at 451.2 feetor 118% of average, San Pablo Reservoir was at 301.6 feet or 103% of average, and BrionesReservoir was at 572.9 feet or 106% of average. Total terminal reservoir storage was 132,000acre-feet compared to 124,000 acre-feet last year.

Mokelumne Aqueducts and Raw Water Pumping Plants. The average rate of MokelumneAqueduct draft for December 2012 was 112 MGD. Mokelumne Aqueduct Nos. 1 and 2 weretaken out of service to support construction work through January 2013. Walnut Creek No. 1 and3, Moraga and Briones Raw Water Pumping Plants remained out of service for the month.


Water Production. Average rate of gross water production for December:

East of HillsWest of Hills[TotalMax Day-Production

December2012

26MGD107MGD133 MGD143 MGD

(12/7/2012)

December2011

37 MGD117 MGD154 MGD163 MGD

(12/23/2011)

December2010

25 MGD109 MGD134 MGD143 MGD

(12/16/2010)

Average of2005-200731 MGD127 MGD158 MGD

Note: Data are all from preliminary daily operational reports and are subject to revision

CUSTOMER EVENTS AND PUBLIC OUTREACH

Lower Mokelumne Partnership Steering Committee annual meeting. Staff provided the JSAPartnership Steering Committee with updates on the adaptive management flows, spawninggravel enhancement, and the Camanche permit extension. The fisheries agency partners wouldlike to see the continuation of the fall pulse flows, possible spring pulse flews to provide for anincreased natural smolt outmigration, continuation of the DCC gate closure studies to managestraying rates, and preservation of an oak woodland parcel in the lower Mokelumne River.

Northern California coalition sends unified position on BDCP. On December 20, the Districtled a coalition of 38 water agencies and other organizations in sending a letter to John Laird,Natural Resources Secretary and Charlie Hoppin, Chairman of the State Water Resources ControlBoard (SWRCB) expressing concern over the timing and coordination of two actions by theSWRCB. The issues involve revising the water quality standards for the Delta, which could resultin amending water rights to provide increased flows, and approving a permit for the newconveyance in the Bay Delta Conservation Plan (BDCP). The letter urges the SWRCB to ensurethat any permit granted to the BDCP does not absolve the export contractors from further flowobligations, particularly if the BDCP is permitted first.

Affirmative Action outreach.

• On December 18, the District hosted a reception to recognize five interns who completedthe 15-week Industrial Maintenance Internship training program at Laney College. Thefive student interns will be among the first graduates of Laney College's four semesterIndustrial Maintenance training program this spring. These internships are the results of thesuccessful three-year partnership between Laney College and EBMUD.

Contract Equity outreach.

• On December 18, the District hosted the 4th Construction Business Roundtable at theAdministration Building. The Forum provided prime contractors, subcontractors andrepresentatives from community organizations the opportunity to discuss their experiences in


doing business with EBMUD, to review the District's contracting process, and to fostermutually beneficial relationships in the construction industry. Approximately 30 participantsattended.

• Staff participated in the following community events:- December 4, City of Richmond - Government Affairs and Econom ic Development

Committee meeting in Richmond.- December 6, American Indian Chamber of Commerce - General Membership meeting

and workshop in Santa Rosa.- December 7, Northern California Minority Supplier Development Council - Annual

General Membership Meeting in San Francisco.- December 12, Multi Ethnic Chambers of Commerce - Holiday Mixer in Oakland.- December 18, National Association of Minority Contractors (North ern California

Chapter) - General Membership meeting in Oakland.- December 20, Northern California Community Advisory Team - quarterly committee

meeting in San Leandro.

CAPITAL IMPROVEMENT AND FACILITIES MAINTENANCE

California Air Resources Board (CARS) mandated smog and smoke tests reports werecompleted on December 21st. The annual certification of compliance under the California AirResources Board Public Fleet Rule regarding CARB retrofits, replacements and low-useclassification was completed on December 26th.

Paving projects completed. The City of Albany's joint paving project with the District wasfinalized in December for 12,502 square feet of trench paving on Spokane/Portland Avenue thatthe City incorporated into its larger project. Also in December, the District completed 16,000square feet of trench paving on Best Avenue in Oakland related to a recent mainextension. Efforts to coordinate joint paving projects are ongoing.

The Berrymam Reservoir Replacement Project will require an increase in the change ordercontingency. The changes include floor leak repairs and the addition of darker gravel on the roof;the leak repairs address a design issue, while the darker gravel addresses neighborhood concernsabout excessive roof glare. This work will be performed by Ghilotti Construction Company, Inc.The cost for this work is estimated to be $ $162,000 and will increase the cumulative total changeorder amount to $721,440 or 12 percent of the original contract amount of $6,012,000.

The Central and Road 20 Rate Control Stations Rehabilitation requires an increase in thechange order contingency. The change order will address conditions at bo:h sites that were notknown including additional lead paint, mechanical, electrical, and pipe size and locationdifferences. This work will be performed by Ranger Pipelines, Inc. The cosi for this work is


estimated to be $92,000 and will increase the total change order amount to $151,400 or14 percent of the original contract amount of $1,081,998.

Operational testing at the Walnut Creek Raw Water Pumping Plant No. 2 is on hold.Operational testing of the three refurbished raw water pumps and switchgear for Walnut CreekPumping Plant (WCPP) No. 2 was conducted the week of December 3. An existing thrustbearing in pump units 4 and 6 overheated and will need to be repaired. District forces beganinstalling new butterfly valves on pump units 1-3 at WCPP No. 1.

The Walnut Creek Pumping Plant Roof Replacement requires an increase in the changeorder contingency. The project involves demolition and removal of roofing, flashing and fascia,and installation of new roofing with cap sheet, flashing, fascia, gutters and downspouts. Saggingof some of the existing roof beams resulted in water ponding on the newly installed roof.Correction of this problem by the contractor, State Roofing Systems Inc., vail cost $4,000 andwill increase the total change order amount to $27,833 or 11.7% of the ori^nal contract amountof$237,388.

The Sobrante Water Treatment Plant Reclaim Facility Fence Improvement (El Sobrante)was completed on December 18. The project involved removal of the existing gates andportions of the existing fence and construction of approximately 1,520 linear feet of eight foothigh security chain-link fence and gates.

Construction on the Lafayette Reservoir Parking Improvements project continues. Theproject involves reconfiguring parking areas on the reservoir to add additio rial spaces andimprove traffic flow. The installation of automatic pay stations and completion of slurry sealing,paving, and striping of some areas will be delayed due to weather. The project is anticipated to besubstantially completed in January with project closeout in February 2013.

Mokeiumne Aqueduct Nos. 1 and 2 are out of service to accommodate the repair of atemperature anchor and tie-ins for the Mokeiumne Aqueducts Interconnection projectConstruction continues to ensure the aqueducts are in service by the end of January 2013. Asubsequent outage of Mokeiumne Aqueduct No. 3 is planned for mid-February 2013 to allow tie-in work on that aqueduct.

Diablo Vista Pumping Plant Replacement Project. The California Environmental Quality ActMitigated Negative Declaration (MND) was released on November 16. The 30-day public reviewperiod ended on December 17. No comment letters were received. A project update and reviewof the MND comments will be presented to the Planning Committee on January 8,2013; theMND is scheduled for Board consideration on January 22, 2013.

Cost liability discussions continue on pipeline relocations needed for the Alameda CountyTransit Commission (ACTC) project on Interstate 880. This project involves freeway andovercrossing improvements being undertaken jointly by CalTrans and ACTC. Staff met withACTC on December 7 to discuss the cost liability for relocating approximately 1,600 feet of


pipeline near the 23rd and 29th Avenue ramps of 1-880. ACTC provided a draft Utility Agreementwith Liability in Dispute language that allows the District to proceed with design andconstruction of the relocations while resolving cost liability.

A Remote Operated Vehicle (ROV) inspection of the Pardee Outlet Tower was performedas part of the seismic evaluation of the tower. The ROV was used to take video of the tower,gates, valves, and reinforcement and integrity of the concrete tower. The rssults are beingevaluated and will be used for the tower assessment and for planning maintenance upgrades.

WATER AND WASTEWATER SYSTEM OPERATIONS

Water Treatment Plant operations. With reduced winter demands, Upper San Leandro,Lafayette and Sobrante Water Treatment Plants are out of service. These tliree seasonal plantswill return to service when demands rise in the spring. Currently, only Walnut Creek and OrindaWater Treatment Plants are needed to meet demand.

Lafayette slide remediation. The City of Lafayette has installed an upsizcd twelve-foot concreteculvert at the creek crossing on Mountain View Drive. The District has two mains that cross theculvert. Staff repaired the twelve-inch steel main following the culvert installation. Repairs to theadjacent eight-inch water main will be completed by January 10, 2013.

Pipeline. Staff installed 1,330 feet of eight-inch pipe on Devon Avenue and Royston Walk inPleasant Hill on December 6th. 935 feet of eight-inch steel water pipe was installed on ArlingtonAvenue in Berkeley on December 14th, and 640 feet of six-inch pipe was installed on MountDiablo Boulevard in Lafayette on December 17th.

December main breaks. The attached table lists the main breaks repaired by staff in December,sorted by city and street. The associated map shows the locations of the breaks geographically.

Upcountry water quality system violations. On November 6th, the Central Valley RegionalWater Quality Control Board (CVRWQCB) entered 124 alleged violations into the CaliforniaIntegrated Water Quality System (CIWQS) database regarding the District's upcountry facilities.The District took exception to 90 of the alleged violations. The CVRWQCB notified the Districtin a December 11th email of its intent to dismiss 53 of the 90 issues that the District tookexception to, and is in the process of removing them from the CIWQS database. The District iscurrently evaluating the CVRWQCB's response and may schedule a meeting to discuss theremaining 37 issues.

On December 13, the District received a complaint regarding a mild sewage odor from theMain Wastewater Treatment Plant. At the time of the complaint dilute sewage that had beenstored in the basin was being returned to the head works for treatment. Staff has implemented atemporary repair of a mechanical problem that necessitated prolonged storage. All of the storeddilute sewage has now been treated.


All discharges from the MWWTP complied with the permit limits for the month ofDecember. This is the 160th consecutive month that the Main Wastewater Treatment Plantexperienced no exceedances.

December 2012 storms caused sufficient collection system inflow and infiltration to requireactivation of two of the three wet weather facilities. The Oakport, Pt. Isabel and San AntonioCreek wet weather facilities have a combined total of 84 hours of discharge time and havedischarged a total of 98 million gallons so far this weather season. These discharge events havebeen reported to the State OES, Regional Water Quality Control Board, and Alameda and ContraCosta County Health agencies in accordance with the District's wet weather discharge permit.

On December 1,2012 the MWWTP had an unauthorized discharge event when the sluicegate on the Wet Weather Storage Basin fill/drain channel failed and closed whenattempting to drain the storage basin. The small amount of spilled sewage exited a manhole onthe fill/drain channel and was contained on the plant site and adjacent CalTrans property. Thisincident was reported to the RWQCB and is not expected to result in enforcement action.

On December 1, 2012 the Pt. Isabel Wet Weather Facility discharged approximately140,000 gallons of effluent with a chlorine residual of-2.0 mg/L Follow up sampling andanalysis determined that the root cause of this incident was inadequate mix:.ng of thedechlorinating chemical with the effluent. An engineering study is underway to identify theappropriate long term improvements to ensure adequate mixing under all conditions and interimsteps have been taken to reduce the likelihood of a recurrence. This incident was reported to theRWQCB and is likely to result in enforcement action under the minimum mandatory fineregulations.

On December 2, 2012, the Pt. Isabel Wet Weather Facility experienced a single phase powerinterruption which damaged the dechlorinating chemical feed system and prevented itsoperation when the backup generator restored power. In response to this incident, staffstarted up a backup dechlorination chemical feed system to restore dechlorination. During thistime the facility discharged approximately 560,000 gallons. Given the circumstances it wouldappear likely that this discharge included chlorine residual. This incident has been reported to theRWQCB and may result in a fine.

Negotiations with the Department off Justice, USEPA, and the State and Regional WaterBoards regarding a long-term consent decree to address the District's Wet Weather Facilitydischarges are scheduled to begin on January 23. Staff has been working closely with thesatellite agencies on legal and technical issues in preparation for the negotiations. It is anticipatedthat negotiations will take at least one year and result in a consent decree that outlines a 20-30year program of work by the District and the satellite agencies on the collecdon systems andprivate sewer laterals.


ORGANIZATION EFFECTIVENESS AND EFFICIENCY

The District received the 2013 National Environmental Achievement Award from theNational Association of Clean Water Agencies (NACWA) in the Operations andEnvironmental Performance category for the Main Wastewater Treatment PlantRenewable Energy Program. The award acknowledges staff for their efforts in the design andconstruction of the Power Generation Station Renewable Energy Expansion Project, and thesustainable practices of the program that include maximizing energy efficiency, increasingproduction of renewable energy and reducing greenhouse gas emissions. Staff will be presentedwith the award at NACWA's 2013 Winter Conference on February 3-6, 2013.

Employment Information.

Retirements*Other SeparationsHires

December 20121255

FY13 Totals522553

includes Vested Employees who left District employment and retired at a la ter date.

Tuition Reimbursement

# of Employees# of ClassesTotal Reimbursed

December 20121111

$8,403

FY13 Total81136

$63,447

FINANCIAL NEWS

The Net Mokelumne Power Revenue for December was $693,408 vs. the $406,928 planned.Inflows into Pardee for December were 135% higher than expected and generation was 178% ofplan. The average electricity price was a little under the plan at $32/MWh. Renewable power andrelated Renewable Energy Credits (RECs) were sold to the Sacramento Municipal Utility Districtunder the Power Purchase Agreement. REC revenue for December was $103,000. Total netrevenue through December is $1,702,497 which is 30% of the annual budgeted revenue of $5.7million.

FY13

OctoberNovemberDecember

FY13 YTD Total

Net Revenue

Plan

$150,480$270,690

$406,928

$1,137,789

Actual

$266,055$153,784

$693,408

$1,702,497

Inflow (A

Plan

33,60032,40049,700

197,700

ire Feet)

Actual

26,381

32,379

67,000

208,574

m DOW are


Additional professional services for waste to biodiesel research assistance agreement withBay Systems Consulting, Inc. The Board of Directors authorized an agreement to Bay SystemsConsulting in an amount of $150,000 on February 8,2011 to provide assistance to a District-rungrant-funded research project investigating low-cost alternatives for converting wastes intobiodiesel. Staff proposes to increase the agreement amount by 10% ($15,000), which wouldchange the total agreement ceiling to $165,000. The additional funds would allow for furtherinvestigations into wastewater sludge to biodiesel technologies. These costs will be fullyreimbursed by the California Energy Commission (CEC). On December 1!), 2012, the CEC GrantCommittee reviewed the District's progress and approved continued funding for the waste tobiodiesel research project.

The City of Oakland approved reimbursement of all costs associated with the design of thenew Engineers Road and intersection with the realigned Wake Avenue. The City approvedcosts not to exceed $292,036 for District labor and consultant costs for the design andcoordination of the improvements. The District issued a Notice to Proceed to TranSystems onDecember 14, 2012. The first design coordination meeting between TranSystems and the City'sconsultant team was facilitated by District staff on December 19, 2012.

There were no contracts over $70,000 and less than $100,000 approved by the GeneralManger in December 2012.

Monthly yield on all investments including reserve funds and Wastewater 2010B bondproceeds was 0.74%, a decrease of 0.01% from November 2012. New investments inDecember were at an average rate of 0.69%. The yield on 90-day Treasury bills on December 302012 was 0.05%.

Average interest cost during the month of December on outstanding commercial paperissued for the Water System was 0.23%, a decrease of 0.01% from November 2012. Theaverage interest cost for outstanding Wastewater System commercial paper in December was0.23%, no change from November 2012.

Fiscal year-to-date water consumption for water bills issued through November 2012 was199.1 MGD, which is 5.3% more than billed consumption of 189.1 MGD at the same timelast year and 5.0% less than budgeted consumption of 209.6 MGD.

Billed Water ConsumptionJuly 1,2012 to November 30,2012

Usage Type

ResidentialCommercialIndustrialPublic AuthorityTotal Billed Water Consumption

FY13MGD120.350.918.69.3

199.1

FY12MGD1K.947.81778.7

189.1


Water revenues billed for the fiscal year-to-date were $168.8 million, which is 11.4% morethan the prior year actual revenue of $151.5 million due to increased consumption and the6% rate increase and is 3.8% less than the fiscal year-to-date budget of $175.5 million.

BILLED WATER CONSUMPTION(MGD)

300

V13YTO

-FV13 BUDGET

FV12 ACTUAL

^ / £ o* J> / # / • / y #CONSUMPTION

Source: Customer Information System

CUMULATIVE BILLED WATER REVENUE($ MILLIONS)

400-

-FY13YTD

-FY13 BUDGET

FY12ACTUAL

/ # # O <f / & ^ f / ^BILLED REVENUES

Source: Customer Information System


PipeDiameter

64666

666

8

4644664«466666106

Yearinstalled

19621938192719291968

195719091925

1953

195319271950

19311927

19471938193819351948192519301949

EstWaterLoss(Gal)

90023,040

3,1505,7605,760

28,80014,22018,000

28,800

45,0002,2501,350

17,2804,500

18,0004,500A Cf\r\*T,UUU

11,5201,8001,8001,3502,2501,080

900540

IdentifiedOn

12/10/1212/01/1212/19/1211/29/1212/26/12

12/11/1212/01/1212/02/12

12/27/12

12/28/1212/17/1212/26/1211/20/1212/09/1212/16/1212/07/12A r\ lr\r\ IA s>

\£.I£.OI \C

12/30/1212/09/1212/27/1212/27/1212/31/1212/18/1212/19/1212/26/12

CompletedOn

12/11/1212/01/1212/19/1212/13/1212/28/12

12/14/1212/01/1212/02/12

12/29/12

12/29/1212/17/1212/26/1212/05/1212/09/1212/16/1212/07/12

12/31/1212/09/1212/27/1212/27/1212/31/1212/18/1212/19/1212/27/12

Pr

12345

678

9

10111213141516171819202122232425

CityALAMOALBANYBERKELEYBERKELEYBERKELEY

BERKELEYBERKELEYBERKELEYCASTROVALLEYCASTROVALLEYEL CERRITOKENSINGTONLAFAYETTEOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLANDOAKLAND

Bldg e5

7511341

2340

24401819

17404

187751416303

129141600

6435050593664483266111653778614

4136

StreetBROOKDALESAN PABLO7TH

ASHBYCORONA

MCGEESTUARTVIRGINIA

ALMOND

VINEYARDDEVONSHIREGRIZZLY PEAKGABLE23RD84TH71STCLEVELANDDUBLINHAYESHILLEGASSHYDELOCHARDMADRONEMANDANAMERA

SufCTAVESTAVECT

AVESTST

RD

RDDRBLLNAVEAVEAVESTAVESTAVESTSTAVEBLST

Pipe MaterialCAST IRONCAST IRONCAST IRONCAST IRONSTEELASBESTOSCEMENTCAST IRONCAST IRON

CAST IRON

CAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRON


December 2012 Main Breaks (as of 1/2/13 10:15am)

PipeDiameter

2444668

4

8466484

10

YearInstalled

193118971935193719471945

1965193319401940193919251938

1955| TOTAL

EstWaterLoss(Gal)46,080

2,25011,520

9001,800

450

2,700

9005,4009,000

4501,800

9005,760

4,500341,460 |

IdentifiedOn

12/07/1212/11/1212/24/1212/26/1212/13/1212/28/12

12/15/12

12/10/1212/21/1212/13/1212/13/1212/08/1212/16/1212/14/12

12/02/12

I

CompletedOn

12/09/1212/11/1212/26/1212/26/1212/13/1212/28/12

12/15/12

12/10/1212/21/1212/14/1212/13/1212/08/1212/16/1212/19/12

12/03/12

262728293031

32

33343536373839

40

CityOAKLANDOAKLANDOAKLANDOAKLANDORINDAORINDA

ORINDA

PLEASANT HILLRICHMONDRICHMONDRICHMONDRODEOSAN LEANDROSAN LEANDROWALNUTCREEK

Bldg141

491590

84615

316

156

10387520202111919

1584

226

Pre

S

E

StreetROBLESHATTUCKSONIAYORKDARYLGLORIETTA

MORAGA

DONEGAL45THPOTREROPOTREROMARIPOSA14TH166TH

NOB HILL

SufRDAVESTSTDRBLWAYWAYSTAVEAVESTSTAVE

DR

Pipe MaterialSTEELCAST IRONCAST IRONCAST IRONCAST IRONCAST IRON

CAST IRONASBESTOSCEMENTCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONCAST IRONASBESTOSCEMENT


December 2012 Main Breaks (40)Within the EBMUD

Current Service Area• Main Break

Highway

City

EBMUD Service Area(___J Service

Non-Service 1:250,000

& ° 1 2Miles

BBIVIUD

. , - . * • ^ - ' * < „

SanFrancisco

Bay

©

9.

EAST BAY MUNICIPAL UTILITY DISTRICT



THROUGH: Alexander R. Coate, General Manager f i ^

FROM: Cheryl A. Fair, Special Assistant to the General Manager

SUBJECT: Summary of Board 2012 Committee Agendas and Upcoming Topics for 2013

The attached table lists items that have been reviewed by committees during 2012 and presentsthe January- June 2013 forecast of items staff proposes to bring before committees, and notesupcoming workshops and events.

We welcome Board feedback and comments on this report.

ARC:CAF:rc

Attachment

2012 BOARD COMMITTEES AND WORKSHOPS

Jan

Feb

March

April

May

Finance—4th Tuesdays• Remarketing Series of

2009A Water System Bonds• Review of Revisions to

District Policies• Semi-Annual Internal Audit

Report» Financial Quarterly Reports

• FY12 Semi-Annual BudgetPerformance Rpt

® Cancelled

• Review of Revisions toDistrict Policies

o Financial Quarterly Reports

• Cancelled

Planning—2nd Tuesdayso Estates Reservoir

Replacement Update• Main Wastewater Treatment

Plant (MWWTP) BioassayUpdate

9 Oaldand Land Use Planningnear the MWWTP

• Mokelumne Aqueduct LeveeImprovements

• Mokelumne AqueductsInterconnection Project -Update

« Water Quality ProgramSemi-Annual Update

o Chabot Dam SeismicUpgrade Project

• 2011 Mokelumne Fall RunChinook Salmon Returns

* Regulatory ComplianceSerai-Annual Report

a 2012 Community CleanWater Initiative

o Lafayette Reservoir ParkingImprovements

« Water Transfers Updates® South East Bay Plain Basin

Groundwater ManagementPlan

• Oursan Ridge ConservationBank and Pinole ValleyMitigation Bank

Leg/HR—2nd Tuesdayso Federal Legislative

Initiatives 2012• Legislative Update


e Affirmative ActionPlan 2012

• BenefitsAdministration SystemUpdate

» Water Meter DivisionOrganization

• Legislative Update© Legislative Update:

9 Legislative Update

Energy -SustainabilityCommittee

• EPA ClimateResilience Evaluationand Awareness ToolUpdate

• Power GenerationStation RenewableEnergy ExpansionProject Update

• Water System EnergyManagement Strategy

• Community ChoiceAggregation Update

Workshops/Events

1/27 - UMRWA

2/16-FRWA

3/23 - UMRWA 13/27 - WSMP 2040 1

4/3 - Turbine Dedication \4/22-FRWA \4/23 - DERWA4/27 - UMRWA 15/3 - FRWA I5/22 - FY13 Mid-Cycle 1

Budget & Rates I

Finance—4"' Tuesdays

Planning—2nd Tuesdays

Leg/HR—2nd Tuesdays

Energy -SustainabilityCommittee

Workshops/Events

June • Records Retention Schedule• Private Sewer Lateral

Rebate Program Update• Review of Revisions to

District Policies

e Richmond WastewaterServices

• 39th Avenue ReservoirReplacement Project

» Potable Water and OrindaWater Treatment PlantDischarge Permit Status

• Mokelumne Aqueducts 1&2-Temperature Anchor

• Legislative Updateo Project Labor

Agreements• Proposed Employee

Assistance ProgramContact

• Community ChoiceAggregation Update

9 2011 Greenhouse GasInventory

» Wastewater EnergySystem Master PlanUpdate

• Wastewater EnergySales Update

6/27 -EBRPD Liaison

July

August

September

October

• Cancelled

• Semi-annual InternalAudit Report

• Proposed FinancingsforFY13

• Financial QuarterlyReports

• Annual Audit & MgmtLetter & Financial TrendsReport

• FY12 Annual BudgetPerformance Report

« Key Performance IndicatorsReport for FY12

• FY13 Insurance Summary• Proposed FY13 Financings• Resource Recovery Program

Annual Update FY12• Resource Recovery Program

Annual Update FY12• Annual Power Sales Rpt• Proposed FY13 Financings

Update• Financial Quarterly Reports

Settlement« Cancelled

• FY12 EmergencyPreparedness and BusinessContinuity Readiness

• Diablo Vista Pumping PlantReplacement Project — Update

• Annual Update onWastewater Stipulated Orderand Inflow/InfiltrationProgram

© Mokelumne WatershedMaster Plan - ManagementPlans

• Richmond WW ServicesUpdate

• Regulatory ComplianceSemi-Annual Report

• Water Quality ProgramSemi-Annual Update

• Update on FederalHealth Care Reform

• California PensionReform

» Resolution in Supportof Drinking TapWater

• Legislative Update• Legislative Update

• Legislative Update• Benefit Plan Renewals

for CY 2013 andBenefitsAdministration

• Operations andMaintenance of WaterRecycling Facilities

• Legislative Update9 Contract Equity

Program Annual Rpt

7/19 - FRWA7/27 - UMRWA

8/27 - DERWA

9/24 DERWA

i|

10/5 - Pardee BBQ !10/5 - UMRWA !10/11-FRWA |10/22-DERWA j

!

I

November

December

Finance—4th Tuesdays• Proposed FY13 Financings

Update• Improving Efficiencies with

Tablet Computers• Chabot Reservoir

Watershed Lease with EastBay Regional Park District

• District Participation in Cityof Oakland Zero WasteRequests for Proposals

• Review of Revisions toDistrict Policies

Planning—2nd Tuesdays• Cancelled

• 39th Avenue Reservoir •Replacement Project

• Water Conservation RebateUpdate

Leg/HR—2nd Tuesdays• Legislative Update

Energy -SustainabilityCommittee• Community Choice

Aggregation Update• Briones In-Conduit

Hydro-Generation• Power Generation

Station Turbine Update• Port of Oakland Power

Purchase AgreementUpdate

Workshops/Events

Jan 2013

Feb

March

April

May

June

Finance—4lh Tuesdays• Richmond Wastewater

Services Project Update• Quarterly Financial

Reports

o FY13 Semi Annual RnHcrptReport

• Semi-Annual InternalAudit Report

» Private Sewer LateralRebate Program Update

» Investment Policy AnnualReview

• Commercial PaperIssuance

» Quarterly FinancialReports

° Richmond WastewaterServices Project Update

Planning—2nd Tuesdayso Diablo Vista Pumping

Plant Replacement Update• Orinda Water Treatment

Plant NPDES Permit

C.nnrpUpd due tn w/irlr?hnn

• Biosolids ManagementProgram Update

» Main WastewaterTreatment Plant OdorControl Update

« West of Hills NorthernPipeline Project

• Water Quality ProgramSemi-Annual Update

• Regional DesalinationUpdate

9 Water Transfer Update

s Bay Area IntegratedRegional WaterManagement Plan

• Regulatory ComplianceProgram Semi-AnnualReport

Leg/HR—2nd Tuesdays» Proposed Policy on Project

Labor Agreementso 2013 Federal Legislative

Initiatives» Legislative Update

• Affirmative Action Plan2013 and EqualEmployment OpportunityPolicies

« Health Care ReformUpdate



o Legislative Update


Energy-SustainabilityCommittee

• rv aStcw'cuci jLincigy

Master PlanImplementationUpdate

• Review of RenewableEnergy Policy andGreenhouse GasReduction Goals

• Turbine ExtendedService Agreement

Workshops/Events I

1/9- ACSDA1/10-FRWA1/22 - Water Supply

Workshop j1/25 - UMRWA

i / u - r i i i - l j Buugci

and Strategic PlanUpdate Workshop

2/27 - DERWA

TBD - EBRPD Liaison

4/9-FY14-15 BudgetWorkshop

4/11 - FRWA4/23 - DERWA

5/22 - 90"' Anniversaryof first EBMUDBoard meeting

5/28 - EmployeeExcellence

6/25 - DERWA




THROUGH: Alexander R. Coate, General Manager/' ,---,

FROM: Lynelle M. Lewis, Secretary of the Distnk^/71

SUBJECT: Planning Committee Minutes - December 11, 2012

Chair Doug Linney called to order the Planning Committee at 9:30 a.m. in the Training ResourceCenter. Directors Lesa R. Mclntosh and Katy Foulkes were present at rol! call. Staff present included:General Manager Alexander R. Coate, General Counsel Jylana Collins, Director of Engineering andConstruction Xavier J. Irias, Director of Administration Carol Y. Nishita, Manager of WaterConservation Richard W. Harris, Associate Civil Engineer Bill Jeng, Special Assistant to the GeneralManager Cheryl A. Farr, and Secretary of the District Lynelle M. Lewis.

Public Comment. None.

39th Avenue Reservoir Replacement Project. Associate Civil Engineer Bill Jeng provided a statusupdate on the project, the environmental review process, and the public outreach efforts. He reportedthat the current reservoir roof needs structural upgrades and doesn't meet current seismic codes.Additionally, the current storage capacity is too large for the area it serves, which leads to water qualityoperational challenges. Staff proposed installing a smaller capacity tank to improve the seismic stabilityand water quality capability rather than installing a new roof and making other major upgrades.

Next, Mr. Jeng highlighted the key environmental factors associated with the project includingaesthetics, air quality; greenhouse gas emissions; biological resources; geology/soils; hazardousmaterial; noise; and traffic/transportation. He said the environmental impact report studies concludedthat the impacts are less than significant and that no comments were received on the Mitigated NegativeDeclaration (MND).

Mr. Jeng said that District staff conducted two public outreach meetings to provide a briefing onthe project and to solicit input regarding three different architectural concepts for the tank and sitelayout. In general, neighbors were pleased with the refined concept and had only minor inputregarding the site plan. Construction-related concerns focused on noise, dust, and neighborhoodtraffic impacts as well as the preservation of the existing open space and lar.dscaping to the extentfeasible. Adoption of the MND will be scheduled for consideration at a future Board meeting anddesign and construction will be completed in future years.

Water Conservation Rebate Update. Manager of Water Conservation Richard W. Harris highlightedcurrent and planned conservation incentive programs. He reported that beginning in early 2013, theDistrict plans to offer all customers a new bundled outdoor conservation rebate program that combinesa total of six existing residential and commercial conservation rebates into a single offer. The incentivesinclude lawn conversion, drip irrigation, high-efficiency sprinkler nozzles, self-adjusting irrigationcontrollers, pressure regulators and submetering. No major changes are proposed to the outdoor rebate

Board of DirectorsPlanning Committee Minutes of December 11, 2012January 3, 2013Page 2

amounts; there will be a small reduction for submeters and a small increase for self-adjustingcontrollers. Under the new "bundled" program, customer may apply for one individual measure or acombination of measures up to a two-year maximum of $2,500 and $20,000 per residential and non-residential customer account respectively. Planned program modifications g.re scheduled to go intoeffect in early 2013 and remain in effect through June 30, 2013 or until FY L3 budgeted rebate funds areexpended.

Mr. Harris also reported that the District is extending its service agreement with Pacific Gas andElectric for processing and marketing combined water and energy clotheswasher rebates as part of theBay Area program. The clothes washer rebate program administration agreement was scheduled forBoard consideration at the December 11, 2012 regular meeting.

Adjournment. Chair Linney adjourned the meeting at 9:59 a.m.

ARC/LML/slbW:\Minutes\Minutes 2012U21112_planning_minutes.doc

/D




THROUGH: Alexander R. Coate, General Manager/M^

FROM: Lynelle M. Lewis, Secretary of the District

SUBJECT: Legislative/Human Resources Committee Minutes - December 11, 2012

Chair Lesa R. Mclntosh called to order the Legislative/Human Resources Committee at 10:15 a.m. inthe Training Resource Center. Directors Andy Katz and Frank Mellon were present at roll call. Staffpresent included: General Manager Alexander R. Coate, General Counsel .Tylana Collins, Director ofEngineering and Construction Xavier J. Irias, Special Assistants to the General Manager Marlaigne K.Dumaine and Cheryl A. Fair, and Secretary of the District Lynelle M. Lewis.

Public Comment. None.

Project Labor Agreements, Director of Engineering and Construction Xiivier J. Irias provided astatus update on the staff review of District construction projects that could benefit from using aProject Labor Agreement (PLA). He reported that the potential benefits of a PLA may accrue forrelatively large, complex projects, often involving multiple trades, and with schedules that areunforgiving of labor disruptions. He said the staff analysis confirmed that $25 million is a thresholdthat avoids excessive administrative overhead while still providing the opportunity to capture thepotential benefits that a PLA could offer. As a result, staff recommended that the Board adopt apolicy establishing a $25 million threshold for considering the use of PLAs on a case-by-case basisand presented a draft policy to the committee for its review.

The Committee provided suggestions and staff will return with final draft language for the newpolicy, incorporating clarifications that staff will make a recommendation to the Board afterdetermining whether analysis should be performed for a PLA and including language regardingquality assurance, coordinating with master labor agreements, and endeavoring to consider thebenefits of local hiring. There was discussion of considering a lower threshold but afterdiscussion there was consensus to retain the staff-recommended $25 million level.

Legislative Report. The Committee recommended that Special Assistant i:o the General ManagerMarlaigne K. Dumaine provide the legislative update to the full Board at its afternoon meeting.

Adjournment. Director Mclntosh adjourned the meeting at 10:38 a.m.

ARC/LML/slbW:\Minutes\Minutes2012\121112 Ihr minutes.doc

AGENDA Tuesday, January 8, 2013 · 2015-05-15 · £ BOARD OF DIRECTORS EBMUD EAST BAY M™1011^...

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