AGENDA Tuesday, March 10, 2015
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3 BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT th Street, Oakland, CA Office of the Secretary: (510) ROLL CALL: AGENDA Tuesday, March 10, 2015 REGULAR CLOSED SESSION 12:00 p.m., Board Room Director John A. Coleman will participate by telephone from 165 Rudgear Drive, Walnut Creek, California, 94596) UPUBLIC COMMENTU: 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 on the agenda. ANNOUNCEMENT OF CLOSED SESSION AGENDA: 1. Existing litigation pursuant to Government Code section (d)(1): a. Under Seal v. Under Seal San Francisco County Superior Court, Case No. CGC b. Under Seal v. Under Seal Sacramento County Superior Court, Case No (The Board will hold Closed Session in Conference Room 8A/B) ROLL CALL: BOARD OF DIRECTORS: REGULAR BUSINESS MEETING 1:15 p.m., Board Room Director John A. Coleman will participate by telephone from 165 Rudgear Drive, Walnut Creek, California, 94596) Pledge of Allegiance ANNOUNCEMENTS FROM CLOSED SESSION:
4 Regular Meeting of March 10, 2015 Page 2 of 3 PUBLIC COMMENT: 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 on the agenda. CONSENT CALENDAR: (Single motion and vote approving 5 recommendations) 1. Approve the Regular Meeting Minutes of February 24, File correspondence with the Board. 3. Award a contract to the lowest responsive/responsible bidder West Coast Pipe in an annual amount, after the addition of taxes, not to exceed $241,326 for supplying mortar lined flanged nipples for 2 years, beginning on or after March 10, 2015 with 3 options to renew for an additional 1-year period for a total cost of $1,206, under Request for Quotation No Award a contract to the lowest responsive/responsible bidder, California Trenchless, Inc., in the amount of $2,390,000 for construction of the Alameda Interceptor Rehabilitation Project under Specification SD Authorize the General Manager to enter into a wheeling agreement with Dublin San Ramon Services District. DETERMINATION AND DISCUSSION: 6. Introduction and first reading of an ordinance amending the EBMUD Employees Retirement System Ordinance (Ordinance No. 40) to update the Actuarially Assumed Rate of Return to 7.50% in Section 21 of the Retirement Ordinance. (Introduction and First Reading Ordinance No ) 7. Consider a resolution supporting a California Wild and Scenic Designation for approximately 35 miles of the Mokelumne River. (Resolution) 8. Legislative Update: Receive Legislative Report No and consider positions on the following bills: SB 181 (Committee on Governance and Finance) Validations; SB 182 (Committee on Governance and Finance) Validations; SB 183 (Committee on Governance and Finance) Validations; and AB 142 (Bigelow) Wild and Scenic Rivers: Mokelumne River. Update on Legislative Issues of Interest to EBMUD 9. General Manager s Report: Water Theft/Unauthorized Use of Water Penalties Water Supply Update 2015 Water Shortage Emergency Action Plan Update Monthly Report February 2015
5 Regular Meeting of March 10, 2015 Page 3 of 3 REPORTS AND DIRECTOR COMMENTS: 10. Committee Reports: Sustainability/Energy 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, March 24, 2015 in the Administration Center Board Room, 375 Eleventh Street, Oakland, California. Disability Notice If you require a disability-related modification or accommodation to participate in an EBMUD public meeting please call the Office of the Secretary (510) We will make reasonable arrangements to ensure accessibility. Some special equipment arrangements may require 48 hours advance notice. Document Availability Materials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 hours prior to this meeting are available for public inspection in EBMUD s Office of the Secretary at th Street, Oakland, California, during normal business hours. W:\Agendas\Agendas 2015\2015_Regular Agenda\031015_regular_agenda.docx
6 BOARD CALENDAR Tuesday, March 10 Date Meeting Time/Location Topics Planning Committee McIntosh {Chair}, Linney, Young 8:30 a.m. Training Resource Center Water Quality Program Semi- Annual Update Resolution Supporting A California Wild and Scenic Designation Provision of Water Outside of the Service Area Legislative/Human Resources Committee Coleman {Chair}, McIntosh, Patterson Long Term Water Supply Workshop Board of Directors 10:00 a.m. Training Resource Center 11:00 a.m. Training Resource Center 12:00 p.m. 1:15 p.m. Proposed EBMUD Resolution on Wild and Scenic Legislative Update Long-Term Water Supply Closed Session Regular Meeting Tuesday, March 24 Finance/Administration Committee Patterson {Chair}, Katz, Young Budget Workshop #1 TBD Training Resource Center 9:00 a.m. Training Resource Center Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting Tuesday, March 31 Cesar Chavez Holiday District Offices Closed Tuesday, April 14 Planning Committee McIntosh {Chair}, Linney, Young TBD Training Resource Center Legislative/Human Resources Committee Coleman {Chair}, McIntosh, Patterson Budget Workshop #2 TBD Training Resource Center TBD Training Resource Center Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting
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39 Draft Prepared By RESOLUTION NO. Office of General Counsel SUPPORTING A CALIFORNIA WILD AND SCENIC RIVER DESIGNATION FOR THE MOKELUMNE RIVER Introduced by Director ; Seconded by Director DRi'\FT EBMUD Resolution, MekeluBlBe \ 8 FebFuary 4, 201S -WHEREAS, +!he East Bay Municipal Utlility District has relied on the Mokelumne River for clean, high-quality water for nearly a century; and WHEREAS, Ffuture growth in the East Bay and related public investment should be carried out in a socially, economically and environmentally sustainable manner that does not 0*J)Ort harm to other regions; and WHEREAS, +!he East Bay Municipal Utility District has previously supported the concept of protection of the Mokelumne River from Salt Springs Dam to Pardee Reservoir as a California Wild and Scenic River~; and encouraged local stakeholders to work together to craft acceptable legislation; and WHEREAS, a California Wild and Scenic designation for the Mokelumne River cwould be developed in a manner that would protect the East Bay's water quality and eethel-avoid impacting vfithout affeeting the v,zater rights er operations efthe East Bay Municipal Utility.Z.S District's water rights, facilities or a future downstream expansion of Pardee Reservoir; and WHEREAS, Bhy preventing new dams on the designated river sections, state Wild and Scenic River designation will-could protect proximate American Indian sacred and cultural sites, valuable historical resources, miles of habitat suitable for salmon and steelhead restoration, important wildlife habitat, and recreational resources important te foothill families and fisitors ffem the East B&y alike; and \VHEREAS, The free flowing seetiens efthe Mekelumne River are an important eoonomie asset to Amador and Calaveras Counties; and '.VHEREA.8, water sapply projeets fer feet!hll em.mties ean and should be designed and built in a ways that do net harm the Mekeh:mme Ri er; ahd WHEREAS, in 2014, support for Senate Bill 1199 (SB 1199), which proposed a wwild and Scenic protection ef designation for the Mokelumne River, was is-expressed to EBMUD sapperted by the eities ecity of Oakland, and numerous individuals from the foothills and East
40 Bay area.;-,-f~t<tk-t*fmh=1--r-+i!;r 11~H b_-;anu.. according to thea Jur1e l 4 aasscrnblv policv f9nunittc\: m!j:llysis, support for SB 1199 was expressed by, major environmental justice, conservation, fish, business, tourism and recreation organizations;,_ three federally recognized tribes;,_-'tfl+m~-fh-an-i 50 and a rmrnbcr of fooihlll small businesses_-;-and eountless _individuals~ the foothills and East Bay alike; and,. NOW, THEREFORE,_ BE IT RESOLVED, that We;--the Board of Directors of the East Bay Municipal Utility District, does hereby support ~California Wild and Scenic River designation for approximately 35J.'.7 miles (or as many segments thereof that are determined to qualify) of the Mokelumne River below Salt Springs Dam te--the-to the upper extent of Pardee Reservoir (at 580 feet elevation above mean sea level) that is protective of the East Bay Municipal Utility District's water rights, facilities, and operations. and urge. the state Legislature and Governor Edmund G. Brown, Jr., to pass and sign locally championed legislation that is broadly supported in the Mokelumne watershed by the local community and local government -to designate the Mokelumne a state Wild and Scenic River,. this year. ADOPTED this 10th day of March, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: President Secretary APPROVED AS TO FORM AND PROCEDURE: General Counsel
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