ALAMEDA COUNTY WATER DISTRICT

A G E N D A AUGUST 12, 2021 PAGE 1

ALAMEDA COUNTY WATER DISTRICT 43885 So. Grimmer Boulevard

Fremont, CA 94538

BOARD OF DIRECTORS

A G E N D A

August 12, 2021

6:00 P.M.

ACCESSIBLE PUBLIC MEETINGS: Upon request, ACWD will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request at least 72 hours before the meeting to the District Secretary, ACWD, 43885 S. Grimmer Blvd., Fremont, CA 94538, or to [email protected] stating your name, mailing address, phone number, and brief description of the requested materials and preferred alternative format or auxiliary aid or service.

MEMBERS OF THE PUBLIC MAY NOT ATTEND THIS MEETING IN PERSON. DUE TO THE COVID-19 PANDEMIC AND IN ACCORDANCE WITH GOVERNOR NEWSOM’S EXECUTIVE ORDER N-25-20 WHICH SUSPENDS PORTIONS OF THE BROWN ACT, THIS MEETING WILL BE CONDUCTED BY WEBINAR OR TELECONFERENCE ONLY. MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING VIA WEBINAR https://us02web.zoom.us/j/83359856504, OR BY CALLING ANY OF THE FOLLOWING PHONE NUMBERS: 1-669-900-9128 OR 1-346-248-7799 OR 1-301-715-8592 FOLLOWED BY 833 5985 6504. MEMBERS OF THE PUBLIC ARE ALSO ENCOURAGED TO SUBMIT COMMENTS TO THE DISTRICT SECRETARY AT [email protected] AT LEAST ONE HOUR PRIOR TO THE SCHEDULED START TIME OF THE MEETING. PLEASE VISIT THE DISTRICT’S WEBSITE (www.acwd.org) REGULARLY TO BE UPDATED ON THE CURRENT SITUATION AT IS AFFECTS PUBLIC MEETINGS. 1. ROLL CALL 2. SALUTE TO THE FLAG

3. PUBLIC COMMENTS

Members of the public may address the Board on any issues not listed on the agenda which are within the purview of the Alameda County Water District. A 5-minute limit is customary; however the Board President may adjust the actual time allotted to accommodate the number of speakers. Members of the public who wish to address the Board on a scheduled agenda item will be given the opportunity to do so.

mailto:[email protected]

https://us02web.zoom.us/j/83359856504

https://www.acwd.org/forms.aspx?fid=81

http://www.acwd.org/


4. CONSENT CALENDAR 4.1 Approval of Minutes of Regular Board Meeting of July 8, and Special Board

Meeting of July 22, 2021 4.2 Ratification of Payment of Audited Demands dated July 2, July 9, July 16, July 23,

and July 30, 2021 4.3 Resolution Authorizing the Deposit and Withdrawal of Monies in the Local Agency

Investment Fund by Specified Employees

5. ACTION CALENDAR Items recommended for action on the Consent Calendar are noted with an asterisk *

5.1* Resolution Accepting Completion of Utility Location Services for the Alvarado-Niles Pipeline Seismic Improvement Project

5.2* Resolution Adopting Updated Fiscal Year 2021/22 Consolidated Salary Schedule (All Classifications) and Fiscal Year 2021/22 Operating Engineers Local No. 3 and Operators’ Association Career Service Pay Salary Schedule

5.3* Rejection of Bids for the Niles Cone Groundwater Basin Extraction Well Site Evaluation Project

5.4 Resolution Honoring Andrew J. Warren Upon His Retirement from District Service

5.5 Resolution Authorizing Execution of the Los Vaqueros Reservoir Joint Exercise of Powers Agreement; Appointment of a Representative and Alternate to the Los Vaqueros Reservoir Joint Powers Authority; and Authorization of Amendment No. 3 to the Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning

5.6 Resolution Approving the Intention to Change from At-Large to Zone-Based Elections for Election of Members of the Board of Directors

6. REPORTS The reports provided to the Board under Section 6.1 will not be routinely reviewed at the Board meeting, unless a request to do so is made by a member of the Board or a member of the public. 6.1 BOARD COMMITTEE REPORTS 6.1.1 Operations & Water Quality Meeting of July 6, 2021

6.1.2 Legal, Intergovernmental & Community Affairs Meeting of July 13, 2021 6.1.3 Finance Meeting of July 20, 2021 6.1.4 Engineering & Information Technology Meeting of July 21, 2021 6.1.5 Water Resources & Conservation Meeting of July 28, 2021


6.2 OPERATIONAL REPORTS 6.2.1 Quarterly Projects Review

6.2.2 Quarterly Well Level Report 6.2.3 Investment Report 6.2.4 Quarterly Personnel Report 6.2.5 Water Production Report 6.2.6 Distribution System Monthly Hardness Map

6.3 STAFF PRESENTATIONS 6.4 GENERAL MANAGER’S REPORTS 6.4.1 Update on COVID-19 Pandemic 6.4.2 Achievement of Excellence in Procurement Award 6.4.3 Drought Update

7. DIRECTOR’S COMMENTS, REPORTS ON MEETINGS ATTENDED, AND AGENDA

ITEM REQUESTS 7.1 Report from Directors Gunther and Sethy on July 20, 2021, Association of

California Water Agencies Zooming Through California: Understanding the Impacts of the California Air Resources Board’s Advanced Clean Fleets Rule

8. ADJOURNMENT

AUGUST 2021 STANDING COMMITTEE MEETINGS

STANDING COMMITTEE BOARD MEMBERS TIME AND PLACE

Operations & Water Quality Directors Weed (Chair) and Huang August 3, 4:15 P.M. – Administration Conference Room

Legal, Intergovernmental & Community Affairs Directors Sethy (Chair) and Gunther August 10, 4:15 P.M. – Administration Conference Room

Finance Directors Akbari (Chair) and Weed August 17, 3:30 P.M. – Administration Conference Room

Engineering & Information Technology Directors Huang (Chair) and Sethy August 18, 4:15 P.M. – Administration Conference Room

Water Resources & Conservation Directors Gunther (Chair) and Akbari August 25, 4:15 P.M. – Administration Conference Room

Committee meetings are open to the public. No Board action will be taken.

ALAMEDA COUNTY WATER DISTRICT M E M O R A N D U M

DATE: August 6, 2021

TO: Board of Directors

FROM: Ed Stevenson

SUBJECT: Consent Calendar Items for Board Meeting of August 12, 2021

Attached for your information are items that will appear under the Consent Calendar.

4.1 Approval of Minutes of Regular Board Meeting of July 8, and Special Board Meeting of July 22, 2021

4.2 Ratification of Payment of Audited Demands dated July 2, July 9, July 16, July 23, and July 30, 2021

4.3 Resolution Authorizing the Deposit and Withdrawal of Monies in the Local Agency Investment Fund by Specified Employees

The State of California Local Agency Investment Fund is an investment option for public funds which meets the required investment criteria of safety, liquidity, and yield.

The Board of Directors, in 1982, authorized the investment of District funds in the Local Agency Investment Fund. In January 2019, the Board adopted Resolution No. 19-004 providing an updated list of individuals authorized to conduct business transactions on behalf of the District. On April 13, 2021, the Board appointed Edward H. Stevenson to the position of General Manager of the District. The appointment became effective on July 2, 2021, and as a result of this and staffing changes within the Finance Department, the State Treasurer’s Office has requested that a new resolution be adopted which includes the names and titles of current staff members authorized to deposit and withdraw funds in the Local Agency Investment Fund. The attached resolution identifies Edward H. Stevenson, General Manager, Jonathan Wunderlich, Director of Finance, Mariana Grajeda, Accounting and Treasury Manager, and Roseann Marquez, Accounting Supervisor as those authorized individuals.

It is recommended that the Board, by motion, adopt a resolution authorizing the deposit and withdrawal of monies in the Local Agency Investment Fund by the specified employees.

It is also recommended that Action Calendar Items 5.1 through 5.3 be added to the Consent Calendar.

ghm Attachments cc: Executive Staff

Approved__________ July 8, 2021

Fremont, California

The regular monthly meeting of the Board of Directors of ALAMEDA COUNTY WATER

DISTRICT was held on July 8, 2021, at the hour of 6:00 P.M.

Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which

suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and

Teleconference, and members of the public were invited to participate.

Present: Directors Weed, Gunther, Huang, Sethy, and Akbari

Staff members present: General Manager Ed Stevenson, Acting Director of Operations &

Maintenance Michael Wickman, Director of Finance Jonathan Wunderlich, Director of Water

Resources Laura Hidas, Acting Director of Engineering & Technology Services Rekha Ippagunta,

Information Systems Analyst Cathy Nelson, Water Supply Supervisor Leonard Ash, Public Affairs

Specialist Renee W. Gonzales, Water Conservation Specialist Megan Maurino, General Counsel

Patrick Miyaki, and District Secretary Gina Markou.

President Aziz Akbari presided.

Ed Stevenson led in the Salute to the Flag.

3 – PUBLIC COMMENTS – None

❖ SPECIAL ORDER OF BUSINESS

District Potential Acquisition of N3 Ranch

The District’s General Counsel, Patrick Miyaki, reported that after the June 24, 2021, Special

Board Meeting he evaluated whether any confidential closed session information was disclosed

by any member of the public or by any member of the board. Mr. Miyaki determined that no

confidential closed session information was disclosed because everything that was said during

that meeting was publicly available information.

Mr. Stevenson explained that this item was placed on the Agenda at the request of the Board

members to allow for public discussion on the District’s effort to potentially acquire the N3

Ranch property. Mr. Stevenson provided a review of the N3 Ranch property and the District’s

interests associated with the property. The property consisting of 50,500 acres (approximately

131 parcels) was originally listed at $72M in 2019 and was more recently listed at $68M and

is currently listed as “sale pending” on the broker’s website. The District is considering

submitting a “backup offer” which could be considered should any current/pending sale not be

consummated. Mr. Wunderlich gave an overview of potential costs and risks associated with

the potential acquisition and the impact it would have on District’s water rates.

Minutes – July 8, 2021

Page 2 of 20

Mr. Stevenson reported that 28 e-mails in support of the acquisition had been received leading

up to the Board meeting and were shared with the Board. Most of the e-mails were received

from residents who live outside of the District’s service area.

President Akbari opened up the discussion for public comment.

The following members of the public addressed the Board in support of pursuing the potential

acquisition:

Ms. Jean King, a Livermore resident

Mr. Jeff Miller, Director of the Alameda Creek Alliance

Mr. Kelly Abreu, a Fremont resident

Mr. Martin Koller, a Fremont resident

The following members of the public who addressed the Board were not in favor of the

potential acquisition:

Mr. Ken Nishimura, a Fremont resident

Mr. Suresh Bazaj, a Fremont resident

Discussion ensued and the Board provided direction to staff to pursue acquisition of the N3

Ranch property.

President Akbari thanked the members of the public for their input.

4 – CONSENT CALENDAR

A motion was made by Director Huang, to add Items 5.1 through 5.4 and Item 5.6 to the Consent

Calendar, seconded by Director Gunther.

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, Sethy, and Akbari

NOES: None

ABSENT: None

Mr. Stevenson reported that a correction in recording a vote was made to the minutes of the Regular

Board Meeting of June 10, 2021, to reflect that Director Gunther did recuse himself from Item

5.11 in that meeting.

A motion was made by Director Gunther, seconded by Director Sethy to approve the following

items on the Consent Calendar as amended.

4.1 Approval of Minutes of Regular Board Meeting of June 10, and Special Board Meeting of

June 24, 2021

4.2 Ratification of Payment of Audited Demands dated June 4, June 11, June 18, June 25, and

June 30, 2021


Page 3 of 20

4.3 Resolution Approving and Authorizing Execution of Public Water System Extension

Agreement with Lennar Homes of California, Inc, Tract 8479, Innovation Village Phase 3,

ACWD No. 2019-0025

RESOLUTION NO. 21-036

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT

APPROVING AND AUTHORIZING EXECUTION OF PUBLIC WATER

SYSTEM EXTENSION AGREEMENT WITH LENNAR HOMES OF

CALIFORNIA, INC, TRACT 8479, INNOVATION VILLAGE PHASE 3, ACWD

NO. 2019-0025


Agreement with Lennar Homes of California, LLC, Tract 8453, Harbor Pointe, ACWD

No. 2019-0051




SYSTEM EXTENSION AGREEMENT WITH LENNAR HOMES OF

CALIFORNIA, LLC., TRACT 8453, HARBOR POINTE, ACWD NO. 2019-0051


Agreement with CasDev 21, LLC, Tract 8477, Oliveira Farm Cottages, ACWD No. 2019-

0099




SYSTEM EXTENSION AGREEMENT WITH CASDEV 21, LLC, TRACT 8477,

OLIVEIRA FARM COTTAGES, ACWD NO. 2019-0099

5.1 Resolution Honoring Gary Martin Jr. Upon His Retirement from District Service

5.2 Authorization of Agreement for Commercial Laboratory Services

5.3 Authorization to Discontinue the Commercial, Industrial, Institutional High Efficiency

Washer Rebate Measure and Adopt a Resolution Amending the Rate and Fee Schedule

Regarding the Water Conservation Rebates and Incentives

5.4 Resolution Awarding Contract for the Vallecitos Channel Maintenance Project

5.6 Resolution Setting Amount to be Levied through Property Taxes for the Groundwater

Portion of State Water Project Contract Costs for FY 2021/22



NOES: None

ABSENT: None

_____________


Page 4 of 20

5 – ACTION CALENDAR

5.1* RESOLUTION HONORING GARY MARTIN JR. UPON HIS RETIREMENT FROM

DISTRICT SERVICE

Gary Martin Jr. retired from the District after more than 20 years of service, and his last day in the

office was June 28, 2021.

Gary started with the District on October 23, 2000 as a Utility Worker I already familiar with all

the tasks associated with repairing water mains and service lines by following in his father’s

footsteps, Gary Martin Sr. who retired with 39 years of service at the District as a Distribution

Maintenance Supervisor. Gary excelled in his work as a Utility Worker I and was soon promoted

to Utility Worker II on December 9, 2002 which placed him as a crew leader responsible for his

crew and training new utility workers. In his role as crew leader, Gary would respond after hours,

nights, holidays, and weekends to emergency water main and service line breaks to restore

customers’ water service. Gary’s thorough knowledge of emergency main and service line repair

along with his “get it done” attitude made everyone who worked with Gary appreciate working

with him. Gary was promoted to Utility Worker III on December 17, 2007 and began his new role

as a backhoe operator. Gary’s skill level and efficiency operating the backhoe made most water

main and service line breaks quick work. On March 1, 2015, Gary was promoted to Distribution

Maintenance Supervisor. Gary was a natural for the position using his vast knowledge of the

distribution system and applying that knowledge during complex repairs while leading and

supervising Distribution Maintenance Division personnel on a daily basis.

Gary had a strong work ethic and always treated his crews with the respect they deserve. He is

appreciated for the countless emergency repairs and long hours away from his family getting our

customers back in service. Gary will be greatly missed by his many friends and coworkers at the

District.

A motion was made by Director Gunther and seconded by Director Sethy to adopt a resolution

honoring Gary Martin Jr. and expressing appreciation for his years of service.



HONORING GARY MARTIN JR. UPON HIS RETIREMENT FROM DISTRICT

SERVICE



NOES: None

ABSENT: None


Page 5 of 20

5.2* AUTHORIZATION OF AGREEMENT FOR COMMERCIAL LABORATORY

SERVICES

The District’s Water Quality Laboratory relies on outside commercial laboratory services for

workload peaks and for specialty analysis which the District’s lab is not equipped to perform, or

which are not cost effective to perform in-house. The District currently contracts with Eurofins

Eaton Analytical (EEA) as its primary commercial environmental laboratory, and the current

agreement expires on August 11, 2021. Commercial laboratory support is necessary to sustain the

District’s operational and compliance monitoring programs.

A new service agreement with EEA is recommended as it meets regulatory analytical

requirements, performs the full suite of analyses required by the District, and offers competitive

prices. These factors were verified through a market survey and meets the requirements for a single

source contract the Board can approve in accordance with Section I of the District’s Procurement

Policy. There is adequate funding for this expense in the FY 2021/22 budget, and sufficient funding

will be included in future budget proposals for these expenditures. Board authorization of this

agreement will assist the District in achieving its Strategic Plan Goal 1.2 – Continue to Meet Water

Quality Standards 100% of the Time.

Commercial laboratory support is necessary to sustain the District’s operational and compliance

monitoring programs. The District has contracted with Eurofins Eaton Analytical (EEA) since

2008 and the current 5-year agreement expires on August 11, 2021. The services provided to date

by EEA have been satisfactory and in compliance with the agreement.

District laboratory staff are required to schedule analytical projects, ship samples to the

commercial laboratory for analysis and receive data reports from the commercial laboratory,

therefore, contracting with a single commercial laboratory streamlines processes and saves

significant labor hours. Additionally, replacing EEA with another laboratory would be at a

considerable cost to the District because of staff time needed for initial project set up with another

laboratory and for integration with a different laboratory information management system. A

market survey of local commercial environmental laboratories was performed and only EEA has

the capability to perform all the tests currently sub-contracted. Therefore, this agreement meets

the requirements for a single source contract in accordance with Section I of the District’s

Procurement Policy as an exemption to the competitive procurement process.

The estimated annual cost of commercial laboratory services is $135,000 which includes a $15,000

contingency for possible additional analyses required for projects not currently scheduled and for

unplanned incidents. Also included is an estimated one-year, scheduled between 2023 and 2025,

Unregulated Contaminant Monitoring Rule 5 (UCMR5) monitoring cost of $25,000. Unit pricing

will be fixed for the life of the agreement and the total estimated cost of a five-year agreement is

$700,000.

A motion was made by Director Gunther and seconded by Director Sethy to 1) authorize the

General Manager to enter into an agreement with Eurofins Eaton Analytical for commercial

laboratory services for a base term of two years for an amount not-to-exceed $270,000, and 2)

authorize the General Manager to exercise up to three one-year option terms, if the services are

satisfactory to the District, for a total contract term of five years and a total not-to-exceed amount


Page 6 of 20

of $700,000.



NOES: None

ABSENT: None

5.3* AUTHORIZATION TO DISCONTINUE THE COMMERCIAL, INDUSTRIAL,

INSTITUTIONAL HIGH EFFICIENCY WASHER REBATE MEASURE AND ADOPT

A RESOLUTION AMENDING THE RATE AND FEE SCHEDULE REGARDING THE

WATER CONSERVATION REBATES AND INCENTIVES

The District’s Commercial, Industrial, Institutional (CII) High Efficiency Washer (HEW) rebate

measure, which currently offers $300 for each conventional, family-sized clothes washer replaced

with a qualifying high efficiency washer at multi-family complexes and coin-operated

laundromats, was identified as a measure that should be discontinued during the Water Efficiency

Master Plan (WEMP) development process based on a growing market share of high efficiency

models and tightened California Energy Commission (CEC) standards after the last drought.

Interest in this measure has also declined over the past several years. To align the District’s Water

Use Efficiency Program with the WEMP’s recommended strategy, staff recommends

discontinuing the CII HEW rebate measure. The FY 2021/22 budget, approved by the Board on

June 10, 2021, did not include funding for this measure. Discontinuation of the CII HEW rebate

measure was reviewed with the Water Resources and Conservation Committee on June 23, 2021.

Board authorization to discontinue the rebate and amend the District’s Rate and Fee Schedule

aligns with the District’s Strategic Plan Goal 2.1 – Maintain and Enhance Sustainability and

Reliability of Local and Regional Water Supplies.

The District currently offers a rebate of $300 for each qualifying family-sized, high-efficiency

clothes washer purchased (or leased) and installed in either a commercial laundromat, at a business

with on-site laundry, or in a multi-family/institutional common area laundry facility. The District

has offered this measure for almost 20 years and has provided over 300 rebates, with a majority of

these issued over 10 years ago. Most rebates were issued with cost-share funding from Union

Sanitary District and State grants.

District staff carefully reviewed this measure during the WEMP development process and found

that the market is moving towards more water and energy efficient family-sized clothes washer

models. There are over 125 ENERGY STAR-rated commercial models available. ENERGY

STAR labeled washers are both water and energy efficient. Starting January 1, 2018, standards for

commercial clothes washers sold in California were reduced to an 8.8 water factor (gallons per

cubic foot per cycle) rating for top-loading machines and a 4.1 water factor for front-loading

machines. Additionally, there are relatively high administrative costs associated with

implementing a low participation measure and there has been no participation in this measure for

almost three years.

A new measure identified through the WEMP process, the CII Water Efficient Technology (WET)

measure, is planned for implementation in FY 2022/23. The WET measure will provide an


Page 7 of 20

incentive to CII customers based on estimated savings of water use efficiency improvements

recommended through a survey. Improvements may include clothes washers if they are not water

efficient. Washers eligible under the WET measure will differ from those eligible under the

existing measure in that eligibility is not limited to family-sized washers. The WET measure will

provide an alternative route for CII customers to seek rebates for washers, where appropriate.

Sufficient funding is included in the FY 2022/23 budget, as approved by the Board on June 10,

2021, to support implementation of the new measure.

Discontinuation of the District’s CII HEW rebate measure was discussed with the Water Resource

& Conservation Committee at the June 23, 2021 meeting. By discontinuing this measure, the

District will be in a better position to focus on other more cost-effective and greater public interest

measures.

A motion was made by Director Gunther and seconded by Director Sethy to 1) discontinue the

high efficiency clothes washer rebate for clothes washers for commercial, industrial, institutional,

multifamily, and homeowner association customers; and 2) adopt a resolution amending the Rate

and Fee Schedule to remove the Commercial, Industrial, Institutional (CII) High Efficiency

Washers (HEW).



AMENDING THE RATE AND FEE SCHEDULE REGARDING THE WATER

CONSERVATION REBATES AND INCENTIVES



NOES: None

ABSENT: None

5.4* RESOLUTION AWARDING CONTRACT FOR THE VALLECITOS CHANNEL

MAINTENANCE PROJECT

The Vallecitos Channel Maintenance Project (Project) will restore the channel’s water conveyance

capacity, which has decreased over time due to bank erosion, sediment deposition, and vegetation

growth, to help meet District water supply needs and restore the District’s existing maintenance

access road. Four bids to perform the work were recently received, opened, and evaluated. The

low bid contained minor irregularities which may be waived. There is adequate funding in the

Capital Improvement Program Budget for this expenditure. The Project was most recently

reviewed with the Engineering and Information Technology Committee on March 17, 2021. Board

award of this contract will help meet numerous District Strategic Plan Goals including 2.1 –

Maintain and Enhance Sustainability and Reliability of Local and Regional Water Supplies, and

2.2 – Protect Existing Imported Water Supplies.

The Vallecitos Channel was constructed in 1965 as an engineered, unlined, earthen channel located

east of Sunol in Alameda County and is used by the District to convey water from the South Bay


Page 8 of 20

Aqueduct (SBA) to Alameda Creek for groundwater recharge and to protect the Niles Cone

Groundwater basin from saline intrusion. The channel serves a key role in water delivery,

particularly during dry years when local runoff for groundwater recharge operations must be

supplemented with water imported from the SBA. The Project will address significant channel

capacity and maintenance access constraints due to vegetation overgrowth, sedimentation, and

erosion. The Project work consists of the following items: restoration of the maintenance access

road; channel bank repair using riprap, willow staking, and bioengineering methods; repair of

selected drop structures and existing grouted riprap areas; selective sediment and aquatic

vegetation removal; habitat enhancement via in-channel benching and planting; and other minor

improvements.

The District advertised construction of the Project on June 8, 2021, and a virtual pre-bid meeting

was held on June 14, 2021. Four bids were received on June 29, 2021. Staff evaluated each

proposal to verify compliance with the bid requirements and confirm the arithmetic accuracy of

the Proposal Payment Item Schedules. The bid totals, for purposes of comparison of proposals,

ranged from a low of $1,462,277 to a high of $1,728,835.83, including contingent items of work

that may be added to the project later by change order should they be required. The Engineer’s

estimate for the work, not including the contingent items, was $1,518,000.

Teichert Construction submitted the lowest responsive bid in the amount of $1,462,777. The bid

was reviewed for compliance with the requirements of the contract documents and was found to

contain two minor irregularities: a printout of their contractor’s license from the California

Contractors State Licensing Board (CSLB) was not included; and their preliminary construction

schedule has planting listed a little later than specified in the technical specifications. These

deficiencies may be considered minor and may be waived. Teichert Construction has been in the

contracting business under its current business name and license for approximately 134 years and

has been performing work similar to the project scope over the same timeframe. References were

contacted and staff confirmed that Teichert Construction has the necessary qualifications and

experience to perform the work.

A motion was made by Director Gunther and seconded by Director Sethy to 1) waive the minor

irregularities in the Teichert Construction bid, and 2) adopt a resolution awarding the contract for

the Vallecitos Channel Maintenance Project construction work to Teichert Construction in the

amount of $1,462,277, Job 21003.



AWARDING THE CONTRACT FOR THE VALLECITOS CHANNEL

MAINTENANCE PROJECT TO TEICHERT CONSTRUCTION, FOR JOB

21003


Page 9 of 20



NOES: None

ABSENT: None

5.5 AUTHORIZATION OF CHANGE ORDER FOR THE RUBBER DAM

NO. 1/ALAMEDA COUNTY DROP STRUCTURE FISHWAY, RUBBER DAM NO. 1

CONTROL BUILDING MODIFICATIONS, AND SHINN POND FISH SCREENS

CONSTRUCTION

Ms. Ippagunta reported that the Rubber Dam No. 1/Alameda County Drop Structure Fishway

(RD1/DS Fishway), Rubber Dam No. 1 (RD1) Control Building Modifications and Shinn Pond

Fish Screens (Shinn Screens) (collectively, Project) are components of the Lower Alameda Creek

Fish Passage Improvements intended to enhance steelhead migration through Lower Alameda

Creek while sustaining the long-term reliability of the District’s groundwater recharge operations.

The Project includes construction of a new fishway, a new Shinn Pond Fish Screens facility to

replace existing unscreened diversions, dam foundation modifications, and upgrades to the existing

RD1 control building and mechanical and control equipment. Change Order No. 10 has been

prepared to address additional work related to changes to access hatch material and roofing,

provision for additional subgrade and backfill materials, and water management through the

construction area. There is adequate funding in the Capital Improvement Program budget for this

expenditure, and the Project is partially funded by the Alameda County Flood Control and Water

Conservation District as well as numerous grants. Board authorization of this contract change

order will help meet the District’s Strategic Plan Goal 2.1 – Maintain and Enhance Sustainability

and Reliability of Local and Regional Water Supplies.

On January 10, 2019, the Board awarded a construction contract in the amount of $36,757,000 to

Flatiron West, Inc. (Flatiron) for construction of the RD1/DS Fishway Project. Flatiron began

work in the flood control channel on May 15, 2019, and construction is progressing on schedule

to be completed this calendar year.

Change Order Nos. 1 through 9 totaling $867,859.30 were previously authorized to address

multiple necessary changes including structural and other design changes, additional dewatering

of excavated areas and winterization of dewatering wells, changes to backfill materials and

mechanical equipment, demolition of unexpected buried concrete structures, addition of site safety

features, changes to the RD1 Control Building electrical system, costs for additional insurance

required by permitting agencies, relocation of a construction laydown area, modification of jet

grouted columns, as well as credit to the District for expediting procurement of materials,

amendments to resource agency permitting, and the Contractor’s provision of a letter of credit as

security in lieu of retention.

Change Order No. 10 in the amount of $232,431.89 has been prepared for 1) use of aluminum

instead of steel access hatches to provide a higher traffic load rating and improved corrosion

resistance, 2) procuring and installing sealant for the RD1 Control Building roof, 3) modifications

to the site water management system, 4) placement of additional controlled low strength material

(CLSM) subgrade beneath the new Shinn Screens diversion pipes, and 5) placement of CLSM


Page 10 of 20

backfill around the new RD1/DS Fishway. Staff negotiated the costs of these changes and has

determined that they are reasonable and fair.

Discussion ensued and staff responded to inquiries from the Board.

A motion was made by Director Gunther and seconded by Director Huang to approve Change

Order No. 10 in the amount of $232,431.89 to Flatiron West, Inc., for the Rubber Dam No.

1/Alameda County Drop Structure Fishway, RD1 Control Building Modifications and Shinn Pond

Fish Screens Construction Project, Jobs 21006, 21012, and 21019.


AYES: Directors Gunther, Huang, Sethy, and Akbari

NOES: None

ABSENT: None

ABSTAIN: Director Weed

5.6* RESOLUTION SETTING AMOUNT TO BE LEVIED THROUGH PROPERTY TAXES

FOR THE GROUNDWATER PORTION OF STATE WATER PROJECT CONTRACT

COSTS FOR FY 2021/22

Beginning in FY 1978/79 and each year thereafter, the District has levied a property tax to recover

the share of State Water Project contract costs apportioned to the District's groundwater program.

An initial estimate of the amount to be collected was presented during the District’s budget

process. Board authorization of this item will help meet the District's Strategic Plan Goal 3.1 –

Enhance Revenue Stability.

The amount of funding to collect through property taxes for FY 2021/22 to fund the groundwater

share of State Water Project Contract costs is $6,016,900. This amount must be reported to the

Alameda County Auditor-Controller Agency, so that it can be collected on the FY 2021/22

property tax rolls. The amount required is primarily based upon Bulletin 132 (Data and

Computations Used to Determine Water Charges) prepared by the State of California

Department of Water Resources.

Design capacities between groundwater and surface water production facilities are used to

determine the groundwater share of State Water Project contract fixed costs. The groundwater

share of variable costs is based on the projected use of State Water Project water deliveries (i.e.

deliveries for groundwater compared to surface water). Requests for property tax collections are

then adjusted to reconcile past variances in actual costs and tax receipts.

A motion was made by Director Gunther and seconded by Director Sethy to adopt a resolution

setting the amount of taxes to be levied for FY 2021/22 to pay the groundwater portion of State

Water Project Contract costs at $6,016,900.


Page 11 of 20



SETTING AMOUNT TO BE LEVIED THROUGH PROPERTY

TAXES FOR THE GROUNDWATER PORTION OF THE STATE WATER

PROJECT CONTRACT COSTS FOR FY 2021/22



NOES: None

ABSENT: None

5.7 RESOLUTION HONORING CATHY NELSON UPON HER RETIREMENT FROM

DISTRICT SERVICE

Mr. Stevenson reported that Cathy Nelson will be retiring after more than 36 years of service with

the District, and her last day in the office will be August 6, 2021.

Cathy joined the District as an Engineering Technician I on April 15, 1985, after having worked as a

drafter for the engineering consulting firm Black &Veatch. Cathy was promoted to Engineering

Technician II in June 1986 and to Engineering Technician III in May 1995. In August 2000, Cathy

transferred to the District’s Information Technology Division as an Information Systems Analyst II,

administering the District’s Geographic Information System (GIS).

During her tenure as an Engineering Technician, Cathy played a key role in several capital projects

including the Vineyard Heights Tank Project. Significantly, Cathy introduced Computer Aided

Drafting and Design (CADD) and Geographic Information Systems (GIS) to the District. As an Information Systems Analyst, Cathy implemented, developed, and administered the District’s GIS

system which has now become critical to the District’s operations and mission. Major contributions

during her tenure include optimization of meter reading routes, implementation of InfraMap and

mobile GIS for the Distribution Maintenance Division (DMD) field staff, and implementation of the

Cityworks Work Order Management System for DMD. Cathy was a key contributor in evaluating,

recommending, and deploying significantly improved rugged mobile computers to DMD. She

maintained, provided, and integrated data supporting key District systems and processes including the

Main Cleaning Program, Backflow Prevention, Lead Service Line Inventory and Lead Pipe

Replacement, Cityworks-Cayenta data integration, AWWA water audits, tailored mailing list

generation, and GIS agenda mapping for Board meetings.

Over the course of her career, Cathy has consistently worked to expand GIS and related functionality

throughout the District, playing critical roles in enhancing and maintaining the GIS system and related

applications. In addition, Cathy played a key pioneering role in the formation of the Southern Alameda

County GIS Joint Powers Authority and in the development and implementation of the GIS technology

shared by all the participating agencies of the Authority. Cathy’s knowledge and skills have resulted

in the development and implementation of the tools employees use to work more efficiently and

produce high-quality results.


Page 12 of 20

Cathy has consistently performed her duties with a high level of competence, professionalism,

integrity, and dedication; she will be greatly missed by her many friends and colleagues at the District.

The Board thanked Ms. Nelson for her many years of service. Ms. Nelson addressed the Board

and highlighted some key milestones during her career and thanked the Board for their kind words.

A motion was made by Director Huang and seconded by Director Gunther to adopt a resolution

honoring Cathy Nelson and expressing appreciation for her 36 years of dedicated service to the District.


OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER

DISTRICT HONORING CATHY NELSON UPON HER RETIREMENT FROM

DISTRICT SERVICE



NOES: None

ABSENT: None

5.8 RESOLUTION APPROVING FY 2021/22 CONSOLIDATED SALARY SCHEDULE

AND RELATED SALARY SCHEDULES

Ms. Solito reported that the Board of Directors is required to adopt a resolution approving the FY

2021/22 salary schedule that lists the base pay for all District job classifications (the Consolidated

Salary Schedule). Additionally, because the Consolidated Salary Schedule lists the General

Manager’s salary range, an oral report that summarizes the recommendation is legally required

before the Board takes action to approve it.

The Consolidated Salary Schedule reflects the implementation of the 2021 District-wide

Classification and Compensation Study for all Management-Confidential-Professional (MCP)

unrepresented job classifications, as approved by the Board on June 10, 2021. The Consolidated

Salary Schedule also reflects the updated General Manager salary range as approved by the Board

on June 10, 2021. The District is currently in negotiations with the two bargaining groups,

Operating Engineers Local No. 3 and the ACWD Operators’ Association. As such, there are no

proposed changes to the base pay rates shown on the Consolidated Pay Schedule for represented

positions at this time. Once an agreement is reached with a bargaining unit that results in changes

to any of the base pay rates shown on the Consolidated Salary Schedule for positions in the

bargaining unit, staff will update the applicable base pay rates on the Consolidated Salary Schedule

and request that the Board approve the updates at that time.

To qualify as reportable compensation for purposes of calculating retirement benefits for

employees of a CalPERS contracting agency, CalPERS requires that employees’ base pay be set

forth in a “publicly available pay schedule.” California Code of Regulations Section 570.5(a) sets

forth a number of requirements that the pay schedule must meet, including requiring that the

contracting agency’s governing body approve and adopt the pay schedule in accordance with the


Page 13 of 20

requirements of applicable public meeting laws.

Because the Consolidated Salary Schedule includes compensation for “local agency executives”

as defined in Government Code Section 3511.1(d), Government Code Section 54953(c)(3)

requires an oral report with a summary of the recommendation be provided prior to the Board

taking action to adopt the resolution approving the FY 2021/22 pay schedules.

Attached to the resolution are three salary schedules for the Board to consider adopting to comply

with these rules: 1) the Consolidated Salary Schedule that incorporates all District job

classifications with annual base salary ranges, including the updated salary ranges for the General

Manager; 2) the current salary schedule that lists the salary ranges with the Career Service Pay

received for the Operating Engineers Local No. 3 and Operators’ Association members; and 3)

a Performance Based Pay Schedule showing the minimum and maximum annual salaries for

management classifications eligible for participation in the Performance-Based Pay program (this

program has been discontinued and no new participation may occur; however, the schedules must

still be adopted and posted for one legacy participant). The Board last approved an updated

Consolidated Salary Schedule, and the other attached salary schedules, in July 2020. The District

maintains all updated and active salary schedules on its public website.

Mr. Ken Nishimura, a Fremont resident, stated that it would be useful for the public to see the

previous data for purposes of comparison.

A motion was made by Director Gunther and seconded by Director Huang to adopt the resolution

approving and adopting the FY 2021/22 Consolidated Salary Schedule and two related Salary

Schedules.



APPROVING FY 2021/22 CONSOLIDATED SALARY SCHEDULE AND

RELATED SALARY SCHEDULES


AYES: Directors Weed, Gunther, Huang, and Akbari

NOES: None

ABSENT: Director Sethy

5.9 RESOLUTION APPROVING THE INTENTION TO CHANGE FROM AT-LARGE TO

ZONE-BASED ELECTIONS FOR ELECTION OF MEMBERS OF THE BOARD OF

DIRECTORS

Mr. Stevenson reported that the Board of Directors are currently elected at-large, per the District’s

enabling legislation. Generally, under the California Voting Rights Act (CVRA), at-large elections

are prohibited if racially polarized voting limits the ability of minorities to elect or influence the

election of minority candidates. The District received a letter from a law firm alleging that the

District's at-large elections violate the CVRA. The District does not agree with these allegations.

However, in order to ensure that the Board most effectively represents all interests of its residents


Page 14 of 20

and encourages the fullest voter participation, the Board will change to a zone-based system for

election of the Board members for the November 2022 election, following the required public

hearing process to create the zones.

Under the District’s enabling legislation, members of the Board of Directors are currently elected

at-large. The California Voting Rights Act (CVRA) prohibits the use of at-large elections if it

impairs the ability of a protected class to elect candidates of its choice or its ability to influence

the outcome of an election. Numerous public agencies, including the District, have been contacted

by private law firms alleging violations of the CVRA in a push to move agencies to district or

zone-based election systems.

It is the District’s intention to establish five zones which are compliant with all voting laws and

best practices, that ensure appropriate representation of the District’s minority groups and the

opportunity for minority groups to exercise effectively the electoral franchise, and which take into

consideration topography, geography, cohesiveness, contiguity, integrity and compactness of

territory, non-disturbance of existing precincts, and maintain vital communities of interest. To do

this, the District has engaged a demographer who will utilize census data to draft potential zones.

The new 2020 federal census data is not expected to be released until at least the end of September

2021 and potentially later due to the impacts of the COVID-19 pandemic. The demographer will

utilize this updated census data, once released. The District plans to initiate the formal public

hearing process within three months following the release of the new 2020 census data. The

District will have the zones established and in place by the next Board member election which

takes place in November 2022. Following the current staggered terms of the members of the Board,

this would result in two members of the Board being elected by the new zones in November 2022,

and the remaining three seats being elected by the remaining three new zones in November 2024.

Discussion ensued and District’s General Counsel, Mr. Miyaki, responded to inquiries from the

Board.

Comments were received from Mr. Nishimura and Mr. Abreu.

The Board concurred to continue this item to the August Board meeting and no action was taken.

5.10 AUTHORIZATION TO EXTEND CERTAIN COVID-19 RELATED TEMPORARY

EMPLOYEE BENEFITS THROUGH SEPTEMBER 30, 2021

Ms. Solito reported that the Families First Coronavirus Response Act (FFCRA) became effective

April 1, 2020 and applies to all eligible District employees. The paid leave benefits provided under

the FFCRA were set to expire December 31, 2020, per the legislation. In September 2020, the

Board took action to authorize the General Manager to extend these benefits through June 30,

2021, as needed for the duration of the pandemic. The Board took additional action in April 2021

to provide and extend certain COVID-19 related temporary benefits as part of the implementation

of supplemental paid sick leave required under Senate Bill 95 through September 30, 2021.

Although the pandemic is less threatening than it was last summer, COVID-19 may still impact

District staff and families. As such, staff requests authority for the General Manager to extend

certain FFCRA and other flexibility amendments through September 30, 2021, aligning with the


Page 15 of 20

expiration of the remainder of the State-mandated COVID-19 supplemental paid sick leave

benefits.

The Families First Coronavirus Response Act (FFCRA) provided a number of new and enhanced

benefits that apply to eligible District employees. This includes 80 hours of Emergency Paid Sick

Leave that may be used for a variety of COVID-19 related impacts, as dictated under the FFCRA.

On March 26, 2020, recognizing the state of emergency within the District's service area due to

the COVID-19 pandemic, the Board of Directors adopted Resolution No. 20-018 authorizing the

General Manager to take certain actions necessary to protect District employees and the public and

to ensure safe and reliable water supply during the state of emergency. Pursuant to Resolution No.

20-018, the General Manager approved these benefits and additional temporary amendments and

enhancements to various District benefits as set forth in the adopted COVID-19 Pandemic

Temporary Benefits Provisions Policy, through the end of the 2020 calendar year, to address the

impacts of pandemic. In September 2020, foreseeing that the pandemic would not resolve by the

end of the 2020 calendar year, the Board authorized the General Manager to extend these and

related benefits through June 30, 2021.

In March 2021, the State enacted various COVID-related benefits under Senate Bill 95. These

State-directed benefits, including additional COVID-related supplemental paid sick leave, expire

under the legislation on September 30, 2021. In April 2021, the Board authorized the General

Manager to implement enhancements to the District’s temporary COVID-19 related employee

benefits, including with respect to the supplemental paid sick leave provided in accordance with

Senate Bill 95.

Although COVID-19 has lessened in severity locally, it is still a potential impact to employees and

their families. As such, staff recommends that the original 80 hours of COVID-related sick leave

provided under the FFCRA be extended and allowed to be used through September 30, 2021,

aligning with the State-mandated supplemental paid sick leave expiration. This will support staff

and their families that may become impacted by COVID-19. Accordingly, it is recommended that

certain flexibility amendment provisions currently provided in the District’s COVID-19 Pandemic

Temporary Benefits Provisions Policy be extended as well, to align with this continued sick leave

availability.

This action would not provide any new or additional benefits or leave time but would extend the

time frame set forth in the District’s COVID-19 Pandemic Temporary Benefits Provisions Policy

for use of the FFCRA paid sick leave and continue the flexibility amendments provided in that

Policy.

A motion was made by Director Gunther and seconded by Director Weed to authorize the General

Manager to extend the period during which employees may take paid COVID-19 sick leave as

provided by the District in accordance with the Families First Coronavirus Response Act (FFCRA)

and extend the flexibility amendments of the District’s COVID-19 Pandemic Temporary Benefits

Provisions Policy through September 30, 2021.


Page 16 of 20



NOES: None

ABSENT: None

_____________

6 – REPORTS

6.1 BOARD COMMITTEE REPORTS

• Operations & Water Quality Meeting of June 1, 2021: 1) On-Call Water Distribution and

Emergency Repair Services Contract; 2) Light Duty Vehicle Lease Program; 3) Overview of

Operations and Maintenance Department Staff Reports on Board Meeting Agenda

• Legal, Intergovernmental & Community Affairs Meeting of June 8, 2021: 1) Update on State

Legislation; 2) Review of Hanson Bridgett Legal Services and Fees; 3) Public Outreach

Update; 4); One Saves Water Campaign Update

• Finance Meeting of June 15, 2021: 1) Procurement Policy Review; 2) Income and Budget

Statements

• Engineering & Information Technology Meeting of June 16, 2021: 1) Update on Advanced

Metering Infrastructure Project; 2) Update on Lower Alameda Creek Fish Passage Projects;

3) Update on Curtner Road Booster Station Upgrade Project; 4) Update on Alvarado Niles

Pipelines Seismic Improvement Project

• Water Resources & Conservation Meeting of June 23, 2021: 1) Drought Update; 2) Plan Bay

Area 2050 Update; 3) Water Use Efficiency Program Update

6.2 OPERATIONAL REPORTS

• Quarterly Groundwater Recharge Report

• Water Production Report

• Quarterly Directors’ Expense Report

• Investment Report

• Distribution System Monthly Hardness Map – Director Gunther complimented staff on

lowering water hardness levels.

6.3 STAFF PRESENTATIONS

• Drought and Water Conservation Update – Ms. Hidas reported that Governor Newsom held

a press conference earlier in the day and signed an Executive Order calling on all Californians

to voluntarily reduce their water use by 15% to preserve available supplies and protect water

reserves. Governor Newsom added nine counties to the regional drought state of emergency

bringing the total to 50 counties across the state.

Ms. Hidas introduced Mr. Leonard Ash, Water Supply Supervisor, who provided an update

on the drought conditions and actions.


Page 17 of 20

Ms. Renee Gonzales, Public Affairs Specialist, provided an update on the Water

Conservation Campaign and Ms. Megan Maurino, Water Conservation Specialist, provided

an update on the District’s water use efficiency program activity.

Discussion ensued and the Board thanked staff for their presentations and for a job well done.

Mr. Abreu stated that, in his opinion, ACWD is currently not experiencing a water shortage

but nonetheless conservation efforts need to be taken.

6.4 GENERAL MANAGER’S REPORTS

• Mr. Stevenson provided the Board with a brief update on the District’s ongoing response to

the COVID-19 pandemic. Mr. Stevenson stated that the Board should plan to attend in-

person board meetings in September.

• Ms. Hidas informed the Board of a coordinated cleanup of the Niles Staging Area that will

take place on Friday, July 16, 2021.

7 – DIRECTOR’S COMMENTS, REPORTS ON MEETINGS ATTENDED, AND AGENDA

ITEM REQUESTS

• Directors Gunther, Sethy, and Weed reported on their attendance at the June 23, 2021,

Association of California Water Agencies Zooming Through California: Regional Drought

Impacts: How Well Managed Water Supplies Went Dry

• Director Sethy requested that a review of the prior study for the reoperation of Lake Del

Valle be brought to a future Water Resources Committee meeting.

• Director Weed reported that he was recently contacted by a Director from Valley Water

wishing to engage in discussions concerning the Los Vaqueros Joint Power Agreement.

Director Weed suggested that staff be involved and relayed this information to the District’s

General Manager.

8 – CLOSED SESSION

President Akbari announced that the Board will convene in closed session to discuss the following

items:

8.1 Pursuant to California Government Code Section 54957.6

• Conference with Labor Negotiators

Agency Designated Negotiators: Ed Stevenson, Jennifer Solito, Jonathan

Wunderlich and Stacey Cue

Employee Organizations: Operating Engineers Local 3 and ACWD

Operators’ Association


Page 18 of 20

8.2 Pursuant to California Government Code Section 54956.8

• Conference with Real Property Negotiators

Property: N3 Cattle Company, consisting of 131 parcels and

approximately 50,535 acres in Alameda County, Santa

Clara County, San Joaquin County, and Stanislaus

County – Assessor’s Parcel Nos. were furnished by

Owners’ Representative

Agency Negotiator: Ed Stevenson

Negotiating Parties: N3 Cattle Company, LLC; REN, Jr.; and REN, Jr., TR

Under Negotiation: Price and Terms of Payment

President Akbari adjourned the meeting to a closed session at 9:27 P.M. and reconvened the

meeting at 10:59 P.M.

President Akbari reported that in closed session regarding Item 8.1, no action was taken.

President Akbari reported that in closed session regarding Item 8.2, the majority of the Board

provided direction to the Agency Designated Negotiator.

9 – OPEN SESSION

9.1 CONSIDERATION OF TERMS AND CONDITIONS FOR A SUCCESSOR

MEMORANDUM OF UNDERSTANDING BETWEEN THE ALAMEDA COUNTY

WATER DISTRICT AND THE ACWD OPERATORS’ ASSOCIATION

Ms. Solito reported that the District has been negotiating with the ACWD Operators’ Association,

also known as the OA, toward a successor Memorandum of Understanding since January of this

year. The current MOU has been in effect from July 1, 2018 through June 30, 2021. The parties

were successful in reaching a Tentative Agreement for the terms and conditions of a successor

MOU during the bargaining process, and the terms and conditions were ratified through an

Association membership vote on June 29, 2021. During Closed Session Item 8.1, the Board

discussed the terms and conditions of the Tentative Agreement for a successor Memorandum of

Understanding.

A summary of the key terms and conditions of a successor Memorandum of Understanding are as

follows:

• Term: July 1, 2021, through June 30, 2024.

• Standby Pay: increase from $90.00 to $110.00 for each 24-hour standby shift.

• Sick Leave Bonus: is eliminated in exchange for an increase of 4 hours floating holiday

time per fiscal year, for a new total of 36 hours floating holiday per fiscal year.

• Active Employee Medical Benefits:

o Effective with benefit plan year 2022, the Dual Coverage Benefit receives a

one-time adjustment to 50% of the current, CY 2021, Kaiser rates, for new

benefit amounts of: $406.82 for employee only; $813.64 for employee plus one

dependent; and $1,057.73 for employee plus family.


Page 19 of 20

o Effective with benefit plan year 2022, employees who enroll in health coverage

and select a plan with a premium lower than the flex dollar allowance, which is

unchanged for the term of the MOU, will receive the remainder was

compensation, capped at 75% of the corresponding eligible Dual Coverage

Benefit. The corresponding maximums are as follows: $305.11 for employee

only; $610.23 for employee plus one dependent; and $793.30 for employee plus

family.

• Implementation of the 2020 Classification and Compensation Study:

o Effective the pay period following Board adoption, all Association represented

classification shall be adjusted to meet the 75th percentile of the compensation

study and associated internal classification links. If market adjustments result

in a classification range increase of less than 3%, incumbents in those

classification will receive the equivalent adjustment up to 3% in a lump sum

payment to occur in November 2021.

o Employees hired prior to July 1, 2021 with salaries at or over the 75th percentile

will have their existing salaries frozen until future General Cost of Living

increases applied to the classification salary schedules exceed their existing

salaries. Classifications that are ineligible for a General Cost of Living increase

due to exceeding the adjusted salaries will receive a lump-sum cash payment

equivalent to the annual COLA received by the adjusted classification salaries,

up to the adjusted classification salary. Lump sum payments will occur in

November of each fiscal year.

o The proposed classification changes will be discussed as part of a meet and

confer process that will also involve discussion of the process to promote from

the journey-level to the advanced classifications.

• Wages:

o There is no cost-of-living adjustment for FY 2021/2022.

o Effective the pay period that includes July 1, 2022, all Association classification

pay increased by 3%.

o Effective the pay period that includes July 1, 2023, all Association classification

pay increased by 2.75%.

• “Me-Too” Clause: If the Operating Engineers Local No. 3 (OE3) reaches agreement

with the District and receives a benefit that exceeds the negotiated benefit for the

Association in any of the following areas, the Association shall receive the same

benefit:

o Implementation of the 2020 Classification and Compensation Study market

percentile placement and lump sum payments in FY 2021/2022.

o General Cost of Living increases for FY 2022/2023 and FY 2023/2024

o Flex Dollar contribution to active employee medical benefits

o Dual Health Coverage benefit

• Other amendments with which are administrative and non-substantive in a nature are

also included in the successor Memorandum of Understanding.

These represent the key economic and business terms.


Page 20 of 20

The terms and conditions of the Tentative Agreement are within the parameters of Board direction

to District labor negotiators. As such, staff recommends that the Board adopt the terms and

conditions as outlined, for a successor MOU with the ACWD Operators’ Association.

A motion was made by Director Sethy and seconded by Director Gunther to adopt the terms and

conditions as outlined, for a successor MOU with the ACWD Operators’ Association.



NOES: None

ABSENT: None

There being no further business to come before the Board, the meeting adjourned at 11:10 P.M.

Gina Markou, District Secretary

Attest:

Aziz Akbari, President

Approved_________ July 22, 2021 Fremont, California

A special meeting of the Board of Directors of ALAMEDA COUNTY WATER DISTRICT was held on July 22, 2021, at the hour of 4:00 P.M. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference and members of the public were invited to participate.

Present: Directors Weed, Gunther and Huang Absent: Directors Akbari and Sethy

Staff members present: General Manager Ed Stevenson, Acting Director of Engineering and Technology Services Rekha Ippagunta, Director of Finance Jonathan Wunderlich, Director of Water Resources and Conservation Laura Hidas, Director of Operations and Maintenance Kurt Arends, Water Resources Planning Manager Thomas Niesar, Groundwater Resources Manager Michelle Myers, Well Ordinance Supervisor Kit Soo, Hydrogeologists Eileen Chen, Ava Lazor and Douglas Young, Engineers Mike Halliwell, Rachel Mellinger and Selim Zeyrek, General Counsel Patrick Miyaki, and District Secretary Gina Markou.

Vice President John Weed presided.

The Salute to the Flag was performed.

3 – PUBLIC COMMENTS – None

4 – ACTION CALENDAR

4.1 AUTHORIZATION OF AGREEMENT FOR THE PURCHASE OF FERRIC CHLORIDE FOR WATER TREAMENT

Mr. Arends reported that on June 10, 2021, the Board authorized the General Manager to approve a purchase order to Thatcher Company of California, Inc. (Thatcher, Inc.) to supply Ferric Chloride to Water Treatment Plant 2 (WTP2) for FY 2021/22 at the unit price of $731/dry ton. At the beginning of the fiscal year, Thatcher, Inc. reported a Force Majeure event due to supply chain disruptions and informed the District that they would be unable to meet current and projected demand for Ferric Chloride. Staff reached out to other companies that may be able to supply Ferric Chloride to supplement the current supply. Staff received only one response, from Kemira Water Solutions, Inc., to supply Ferric Chloride to the District for a cost of $823/dry ton. Given the limited availability and ongoing supply chain issues, this request meets the requirements for a single source award in accordance with Section I of the District’s Procurement Policy. The estimated cost for the purchase and delivery Ferric Chloride in FY 2021/22 is $730,000 assuming all future deliveries were provided under this agreement. Adequate funding is contained in the FY 2021/22 budget to cover the cost of the Ferric Chloride. Board authorization of the agreement for the purchase of water treatment chemicals will help the District meet its Strategic Plan Goal 1.2 – Continue to Meet Water Quality Standards 100% of the Time.


Page 2 of 4

Ferric Chloride is used at WTP2 as a primary coagulant and is vital to the sedimentation and filtration stages of the overall treatment process. The District participates annually in the Bay Area Chemical Consortium (BACC) and takes advantage of the collective BACC bidding process to negotiate lower prices on water treatment chemicals which includes Ferric Chloride. For FY 2021/22, Thatcher, Inc. was the low bidder with a unit price of $731/dry ton. The Board approved entering into an agreement with Thatcher, Inc. at the June 10, 2021 Board meeting concurrently with other bulk chemicals. However, on the morning of July 7, 2021, Thatcher, Inc. issued a statement that there was a supply chain disruption and a lack of available Ferric Chloride. On July 8, 2021, Thatcher, Inc. officially reported a force majeure event due to these disruptions. Staff reached out to other Ferric Chloride vendors to supplement our current supply while the force majeure continues effecting the District’s regular vendor, Thatcher, Inc. District staff received one response from Kemira Water Solutions, Inc. to supply Ferric Chloride at a unit price of $823/dry ton. A Purchase Order (PO) for $100,000 was issued to Kemira Water Solutions, Inc. under the General Manager’s authority on July 9, 2021 to start the process of securing a supplemental source of Ferric Chloride. Given the supply chain disruption and the lack of available product from Thatcher, Inc., this PO meets the requirements for a single source award in accordance with Section I of the District’s Procurement Policy. A summary of Thatcher, Inc.’s bid and Kemira Water Solutions, Inc.’s negotiated price is included below. The agreement with Kemira Water Solutions, Inc. is intended to be used to supplement deliveries of Ferric Chloride when Thatcher, Inc. is unable to meet the District’s demand. The maximum estimated annual cost for the purchase and delivery of Ferric Chloride is $730,000, which includes the initial $100,000 authorization. This cost assumes all future delivers are provided by Kemira Water Solutions, Inc., however, any deliveries available from Thatcher, Inc. will be taken at the lower price.

Item No. Chemical Bid Process Supplier Unit

Price Units

1 Ferric Chloride Single Source Kemira Water Solutions, Inc. $823 Dry

Ton

2 Ferric Chloride BACC Thatcher Company of California, Inc. $731 Dry

Ton Discussion ensued and staff responded to inquiries from the Board. A motion was made by Director Gunther and seconded by Director Huang, to authorize the General Manager to execute an agreement with Kemira Water Solutions, Inc. for the provision and delivery of Ferric Chloride in an amount not-to-exceed $730,000.


Page 3 of 4

The motion was passed by the following vote: AYES: Directors Gunther, Huang and Weed NOES: None ABSENT: Directors Akbari and Sethy 5 – SUSTAINABLE GROUNDWATER MANAGEMENT ACT UPDATE WORKSHOP

Mr. Stevenson reported that this workshop will focus on the District’s current and upcoming efforts related to the Sustainable Groundwater Management Act (SGMA) and the continued sustainable management of the Niles Cone Groundwater Basin (Niles Cone Subbasin 2-09.01 or Niles Cone). Staff will present the District’s current and upcoming efforts related to the Sustainable Groundwater Management Act and the continued sustainable management of the Niles Cone Groundwater Basin. This workshop is being conducted to provide an update to the Board and the public on activities related to the District’s compliance with SGMA and the Alternative to a Groundwater Sustainability Plan update which will be submitted to the State on or before January 1, 2022. Ms. Hidas, Director of Water Resources, reported that the Water Resources team will be sharing with the Board and the members of the public the latest updates on the District’s efforts related to SGMA and the District’s ongoing management of the Niles Cone. Ms. Hidas introduced Groundwater Resources Manager, Ms. Myers who provided a brief SGMA refresher before turning the presentation over to Engineers Mikel Halliwell, Rachel Mellinger, and Selim Zeyrek; Hydrogeologists Eileen Chen, and Ava Lazor who presented on the following topics: Groundwater Model Upgrade, Climate Change Projections, Groundwater Dependent Ecosystems and Water Quality Monitory Programs. The Board thanked staff for their hard work and excellent presentations.

6 – GENERAL MANAGER’S REPORTS

• Mr. Stevenson updated the Board on the drought messaging and stated that staff continues to enhance the messaging to the community. The messaging reflects the most current information on the drought in accordance with the Governor’s Executive Order of July 8, 2021. The District is in support of the Governor’s request for 15% voluntary conservation by all Californians. Mr. Stevenson stated that the next edition of the Aqueduct will be a special drought edition that will provide many helpful tips and resources for customers to conserve water.

• Mr. Stevenson informed the Board that he will be sending them an email regarding the Association of California Water Agencies Committee membership nominations for the 2022-23 term.

• Ms. Hidas reported that staff is planning a virtual community informational meeting for the

Niles Cone Groundwater Basin Extraction Well Site Evaluation Project. There will be field


Page 4 of 4

locations in the City of Fremont and the City of Newark. The informational meeting is scheduled on Thursday, August 19, 2021, from 5:00 – 6:00 P.M.

• Mr. Stevenson informed the Board of two public meetings that are being hosted by the City of

Newark on August 3, and August 4, 2021, regarding the Lindsay Tract roadway improvements. The District will be participating in upgrading and replacing aging water main pipes as part of the cooperative agreement with the City of Newark.

• Mr. Stevenson announced that the California Special Districts Association will be hosting their

annual conference in Monterey from August 30 – September 2, 2021. At that conference the District will be awarded the Certificate of Transparency which will be accepted by members of the Board in attendance.

7 – DIRECTOR’S COMMENTS AND/OR AGENDA ITEM REQUESTS – None

There being no further business to come before the Board, the meeting adjourned at 5:15 P.M.

Gina Markou, District Secretary Attest: John H. Weed, Vice President

R5504424 Alameda County Water District 7/6/2021 15:35:15 Version A WDOO I Audited Demands - Automated Payments Page I

Check Dates: - 7/1/2021 - 7/2/2021

Check Check Document Document Purchase Order Number Date Pa ee TY.Ee Number Number Classification Descri2tion Amount

25383 7/2/2021 JGC Government Relations, Inc. P2 316046 001 00066318 Professional Services State Advocacy 3,500.00

Payment Number 25383 3,500.00

25384 7/2/2021 State Water Contractors PV 316038 001 Fees Member Dues FY 21-22 94,661.00


62121 7/1/2021 California Employment Dev Dept PM 316062 001 Taxes 56,357.53

PaymentNumber 62121 56,357.53

62221 7/1/2021 Internal Revenue Service PM 316063 001 Taxes 176,452.39

Payment Number 6222 I 176,452.39

62721 7/1/2021 ICMA Def Comp 457 PM 316064 001 Employee Benefits 83,025.81


62821 7/1/2021 ICMA Def Comp 401a PM 316065 001 Employee Benefits 21,203.80


63021 7/1/2021 ICMARHSA PM 316066 001 Employee Benefits 4,570.23


251002 7/2/2021 ACWD Operators Association T7 316058 001 Employee Benefits 2,280.00


251003 7/2/2021 Allied Auto Stores P2 316045 001 00073025 Parts & Materials Auto Parts and Supplies 1,375.00


251004 7/2/2021 A merican Innovations Ltd P2 316011 001 00072517 Services Cathodic Protection -RMU 26.00 P2 316013 001 00072517 Services Cathodic Protection -RMU 26.00

Payment Number 251004 52.00

251005 7/2/2021 AT&T PV 316015 001 Telecommunications BAN #9391035569 5.318.22


251006 7/2/2021 Bay Equipment Sales & Service, Inc. P2 316041 001 00073021 Equipment Rental Product & Equipment Repairs 129.41


251007 7/2/2021 Beck's Shoes Inc PV 316052 001 Safety 643.43


251008 7/2/2021 Cal Engineering & Geology Inc P2 316025 001 00072913 Construction Services Geotech Services for VH Tank 4,285.00


251009 7/2/2021 Cal Safety Inc. P2 316040 001 00073020 Parts & Materials Safety Equipment 229.43

PaymentNumber 251009 229.43

251010 7/2/2021 State of California PV 316036 001 City I County I GOV Contract #160159 2,204,143.00

R5504424 Alameda County Water District 7/6/2021 15:35:15 Version A WD00 1 Audited Demands - Automated Payments Page 2

Check Dates: - 7/1/2021 - 7/2/2021

Check Check Document Document Purchase Order Number Date Pa ee TY.Qe Number Number Classification Descri2tion Amount

PV 316037 001 City I County I GOV Contract # 160159 513.00

Payment Number 251010 2,204,656.00

251011 7/2/2021 CalPERS Long Term Care Program T7 316055 001 Employee Benefits 85.67


251012 7/2/2021 CPS HR CONSULTING P2 316014 001 00072988 Services Employee Development Training 1,950.00


251013 7/2/2021 Franchise Tax Board T7 316054 002 City I County / GOV 150.00


251014 7/2/2021 Court-Ordered Debt Collections T7 316061 001 City I County I GOV JK-003-6358 103.80


251015 7/2/2021 Elissa Hensley T7 316060 001 City I County I GOV 829.00


251016 7/2/2021 Sandra Dee Kim T7 316059 001 City I County I GOV 75.00


251017 7/2/2021 LegalShield T7 316057 001 Employee Benefits 668.85


251018 7/2/2021 Municipal Maintenance Equipment I nc P2 316042 001 00073023 Parts & Materials Additional funds per approved 126.74


251019 7/2/2021 Pace Supply Corp P3 316022 001 00072536 Parts & Materials 2 FIBERL YTE READING LID 16,628.40 P3 316023 001 00072536 Parts & Materials 3/4 METER BOX LID 4,875.28


251020 7/2/2021 Pacific Gas & Electric Co PV 316043 001 Utility 6022620803-5 272,378.18 PV 316044 001 Utility 5600680114-8 25,419.99


251021 7/2/2021 Anthony Peterson PV 316035 001 Reimbursements Safety Boots 218.49


251022 7/2/2021 R & D Technical Services PV 316017 001 Temp Services 792.00 PV 316018 001 Temp Services 1,772.43 PV 316019 001 Temp Services 1,984.40


251023 7/2/2021 Salt Unlimited P2 316039 001 00070394 Services Solar Salt for Resservoirs 493.26


251024 7/2/2021 San Francisco PUC-Water Department PV 316027 001 City I County / GOV Acct #6500000000 577.00

R5504424 Alameda County Water District 7/6/2021 15:35:15 Version A WD00 1 Audited Demands - Automated Payments Page 3

Check Dates: - 7/1/2021 - 7/2/2021

Check Check Document Document Purchase Order Number Date Payee � Number Number Classification Descri2tion Amount

PV 316028 001 City I County I GOV Acct #1600000000 5,779.50 PV 316029 001 City I County I GOV Acct #0600000000 1,224.11 PV 316030 001 City I County I GOV Acct #0800000000 10,606.00 PV 316031 001 City I County I GOV Acct #7700000000 9,000.86 PV 316032 001 City I County I GOV Acct #9500000000 3,800.80 PV 316033 001 City I County I GOV Acct #8500000000 6,297.90 PV 316034 001 City I County I GOV Acct #6700000000 1,968,999.50

Payment Number 251024 2,006,285.67

251025 7/2/2021 Semitropic Water Storage Dist PV 316051 001 Services 197,385.54


251026 7/2/2021 ERP Suites P2 316050 001 00073047 Software Sales & Support IDE CNC & Application Support 1,320.00

Payment Number 25 I 026 1,320.00

251027 7/2/2021 Southwest Valve LLC P2 316049 001 00072445 Parts & Materials 24" H PRATT 150B BTRFL Y VALVE 7,690.11 P2 316049 002 00072445 Parts & Materials Outside Materials 160.72


251028 7/2/2021 TJC and Associates Inc. P2 316048 001 00073048 Professional Services Arc Flash Study - May Invoice 12,964.28


251029 7/2/2021 Vasco Road Landfill P2 316024 001 00072987 Waste / Recycling I Garbage Reuse and/or Disposal of Water 3,337.34


251030 7/2/2021 West Yost Associates, Inc. P2 316047 001 00073043 Professional Services Grant Management Services 1,823.00


Grand Total 5,218,257.40

The undersigned affirms that each of the itemized demands set forth above is for materials and/or services rendered to the Alameda County

Water District, that no demand has been previously paid in whole or in part, that proper procedures were followed in procurement of the

materials and services, and that adequate budgeted funds were available.

0tM tkW�6I

• Jonathan Wunderlich, Manager of Finance / Treasurer

A{p/pt 7 -Ed Stevenson, General Manager

Date: 7 / { z.,/ 7-J

Date: +/tq/2-o2--1

R5504424 Alameda County Water District 7/ 14/2021 12:24:54 Version A WDOO I Audited Demands - Automated Payments Page I

Check Dates: - 7/5/2021 - 7/9/2021

Check Check Document Document Purchase Order Number Date Pa ee TYQe Number Number Classification Descri~tion Amount

70721 7/9/2021 Calpers PM 316136 001 Employee Benefits 5,658,958.00

Payment Number 70721 5,658,958.00

70821 7/9/2021 Internal Revenue Service PM 316137 001 Taices 503 .04


70921 7/9/2021 California Employment Dev Dept PM 316138 001 Taices 31.62


71121 7/9/202 1 Calpers PM 316139 001 Employee Benefits 402,394.47


251031 7/9/2021 Airgas NCN Inc P2 316067001 00072990 Gas / Oil / Compr Air Gas Rental and Welding 287.50 P2 316121 001 00073109 Gas / Oil / Compr Air Gas and Welding Products 305.98 P2 316122 001 00073106 Gas / Oil / Compr Air Gas and Welding Products 217.36 P2 316123 001 00073108 Gas / Oil / Compr Air Gas and Welding Products 415.31 P2 316124 001 00073107 Gas / Oil / Compr Air Gas and Welding Products 318.16


251032 7/9/2021 Ambius Inc (28) P2 316099 001 00073063 Building Maintenance Indoor Plant Maintenance 854.97


251033 7/9/2021 Bay Area Water Supply & Conservation PV 316129 001 Memberships 10,619.50


251034 7/9/2021 Bay Counties Diesel Service P2 316068 001 00072992 Vehicle Sales and Service DPF CLEANING AND REPAJR 89.66 P2 316069 001 00072991 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66


251035 7/9/2021 Bay Equipment Sales & Service, Inc. P2 316070 001 00073057 Equipment Rental Product & Equipment Repair 724.44


251036 7/9/2021 Bruce's Tire P2 316071 001 00072995 Parts & Materials Tires, Alignment, Mounting, 163.04 P2 316072 001 00073085 Parts & Materials Tires, Alignment, Mounting, 473.87 P2 316073 00 1 00072994 Parts & Materials Tires, Alignment, Mounting, 1,086.73


251037 7/9/2021 Ciari Plumbing & Heating, Inc. P2 316074 001 00072998 Services Rev. I - Additional funds 490.00 P2 316075 001 00072997 Services Rev. 1 - Additional funds 1,052.50

Payment Number 25103 7 1,542.50

251038 7/9/2021 Cummins Sales & Service P2 316076 001 00072999 Parts & Materials Parts & Services for 10 2,251.48

Payment Number 25 I 03 8 2,251.48

251039 7/9/2021 Dale Hardware P2 316125 001 00073115 Parts & Materials Materials & Supplies 443.36

Payment Number 25 I 039 443.36

251040 7/9/2021 EMA Inc P2 316077 001 00063236 Professional Services Amendment No3 - Phase 2B&3 84,429.75

R5504424 Alameda County Water District 7/14/2021 12:24:54 Version A WDOOI Audited Demands - Automated Payments Page2

Check Dates: - 7/5/2021 - 7/9/2021

Check Check Document Document Purchase Order Number Date Pa ee TYEe Number Number Classification DescriEtion Amount

P2 316078 001 00063236 Professional Services Amendment No3 - Phase 2B&3 73,511.00


251041 7/9/2021 Forster & Kroeger Landscape Maintenanc P2 316079 001 00073000 Landscaping Landscape Maintenance Services 6,800.00 P2 316080 001 00073104 Landscaping Landscape Maintenance Services 5,472.00 P2 316126 001 00073114 Landscaping Landscape Maintenance Services 6,080.00


251042 7/9/2021 Franchise Tax Board T7 316084 001 City / County / GOV 300.00


251043 7/9/2021 Fremont Ford P2 316081 001 00073059 Vehicle Sales and Service Vehicle Repair & Parts 148.34 P2 316082 001 00073101 Vehicle Sales and Service Vehicle Repair & Parts 68.82


251044 7/9/2021 Fremont Recycling & Transfer Station P2 316083 001 00073056 Waste / Recycling / Garbage Disposal Services 2,669.49


251045 7/9/2021 Kelly-Moore Paint Company, Inc P2 316086 001 00073001 Parts & Materials Paint Supplies 86.67


251046 7/9/2021 Konecranes Inc P2 316087 001 00073098 Services Overhead Crane Maintenance 852.00


251047 7/9/2021 Lehigh Hanson P2 316088 001 00073102 Parts & Materials Backfill Materials (Aggregate) 13,837.29


251048 7/9/2021 Mar-Len Supply, Inc. P2 316089 001 00073002 Parts & Materials Pressure Washer Parts, 214.87


251049 7/9/2021 Mission Valley Ford P2 316090 001 00073003 Parts & Materials Vehicle Repair and Sercice 1,307.78


251050 7/9/2021 Northern California Fire Protection Serv P2 316092 001 00073088 Safety Fire Sprinkler Maintenance 4,710.00


251051 7/9/2021 O'Grady Paving PV 316135 001 Services 22,229.49


251052 7/9/2021 Orkin Services of California P2 316093 001 00073005 Services Vertabrate/Pest Control 131.00 P2 316094 001 00073004 Services Vertabrate/Pest Control 81.00 P2 316095 001 00073103 Services Vertebrae/Pest Control Service 6,021.50 P2 316096 001 00073089 Services Vertebrae/Pest Control Service 185.00


251053 7/9/2021 Pape Machinery Inc P2 316097 001 00073105 Equip Sales and Service Equipment, Merchandise and 147.50 P2 316098 001 00073062 Equip Sales and Service Equipment, Merchandise and 413.55 P2 316100 001 00073061 Equip Sales and Service Equipment, Merchandise and 375.48

R5504424 Version A WDOO I

Check Number

251054

251055

251056

251057

251058

251059

Check Date

7/9/2021

7/9/2021

7/9/2021

7/9/2021

7/9/2021

7/9/2021

Document Payee ~

P2

Solvay Finance PV

TransPacific Building Maintenance, Inc. P2 P2

Use Foundation PV

Verizon Connect NWF, Inc P2

West Yost Associates, Inc. P2

Westside Landscape and Concrete, Inc. P2

Alameda County Water District Audited Demands - Automated Payments

Check Dates: - 7/5/2021 - 7/9/2021

Document Purchase Order Number Number Classification Descrietion

316101 001 00073060 Equip Sales and Service Equipment, Merchandise and

Payment Number 251053

316134 001 Chemicals


316113 001 00073097 Services AGMNT 4548 - Jani! Services 316127 001 00073116 Services AGMNT 4548 - Jani! Services


316133 001 Memberships


316119 001 00073007 Services Fleet Monitoring Devices


316112 001 00069325 Professional Services Professional Services-Driscoll

PaymentNumber 251058

316118 DOI 00072700 Services TREE MAINTENNCE


Grand Total

7/14/2021 12:24:54 Page 3

Amount 375.48

1,312.01

7,652.91

7,652.91

1,200.00 5,300.00

6,500.00

1,000.00

1,000.00

1,949.66

1,949.66

1,595.00

1,595.00

8,776.00

8,776.00

6,339,692.23


Water District, that no demand has been previously paid in whole or in part, that proper procedu res were followed in procurement of the


" Date: 7 / / b / L-- )

J i

nathan Wunderlich, Manager of Finance/ Treasurer

tieft2b ~ C =---V' oz,~ ·

Ed Stevenson, General Manager

Date: Htq fu>2-rr

R5504424 Alameda County Water District 7/15/2021 16:20:l• Version A WD0O 1 Audited Demands - Automated Payments Page

Check Dates: - 7/ 12/2021 - 7/16/2021

Check Check Document Document Purchase Order Number Date Pa ee TYEe Number Number Classification Descri2tion Amount

71021 7/15/2021 Internal Revenue Service PM 316163 001 Taxes 240,997.33


71221 7/15/2021 California Employment Dev Dept PM 316164 001 Taxes 80,729.07


71321 7/ 15/2021 ICMA Def Comp 401a PM 316165 001 Employee Benefits 35,380.52


71421 7/15/202 1 ICMA Def Comp 401a PM 316166 001 Employee Benefits 401a Contribution 071521 393.75


71521 7/ 15/2021 ICMA Def Comp 457 PM 316167001 Employee Benefits 82,793.32




251060 7/16/2021 ACWD Employees Association T7 316156 001 Employee Benefits 902.00


251061 7/ 16/2021 Alameda County Environmental Health PV 315509 001 City I County I GOV Account#AR0323824 9,066.00


25 1062 7/16/2021 Ca!PERS Long Tenn Care Program T7 316158 001 Employee Benefits 85.67


25 1063 7/16/2021 Franchise Tax Board T7 316157 002 City I County I GOV 150.00

Payment Number 25 1063 150.00

251064 7/ 16/2021 Court-Ordered Debt Collections T7 316161 001 City I County I GOV 103.80


251065 7/16/2021 Elissa Hensley T7 316160 001 City I County I GOV 829.00


251066 7/16/2021 Hill Brothers Chemical Co P2 316152 001 00072958 Chemicals Aqua Ammonia for 26.47


251067 7/16/202 1 Sandra Dee Kim T7 316159 001 City I County I GOV 75.00


251068 7/16/2021 Operating Engineers Local No 3 T7 316056 001 Employee Benefits 6,468.00


251069 7/ 16/2021 Transene Company, Inc P2 316151 001 00072944 Chemicals Water Treatment Chemicals 3,266.78


R5504424 Version A WDOO I

Check Number

Check Date

251070 7/16/2021 Univar USA Inc

Payee

251071 7/16/2021 Valentine Corporation

Document Typ_e

P2 P2 P2

P2


Check Dates: - 7/12/2021 - 7/16/2021

Document Purchase Order Number Number

316153 001 00072964 Chemicals 316154 001 00072964 Chemicals 316155 001 00072964 Chemicals

Classification Descrip_tion

Sodium Hydroxide for Sodium Hydroxide for Sodium Hydroxide for


316162 001 00071229 Professional Services Canyon Heights Booster Station


Grand Total

7/15/2021 16:20:l• Page'.

Amount

5,342.99 5,558.47 5,506.89

16,408.35

134,995.00

134,995.00

617,333.56




" Date: 7 /z_ 7 / 7- )

I Jbnathan Wunderlich, Manager of Finance/ Treasurer

./414 Date: --g,/2_~/'2.02( ;

Ed Stevenson, General Manager

R5504424 Alameda County Water District 7/27/2021 8:33:52 Version AWD00I Audited Demands - Automated Payments Page I

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Pa ee TYJ:le Number Number Classification DescriQtion Amount

72221 7/22/2021 Calpers PM 316565 001 Employee Benefits Deferred Outflow Prefunding 5,465,268.00

Payment Number 72221 5,465,268.00

251072 7/23/2021 ACWAJPIA PV 316297 001 Insurance 200,631.30


251073 7/23/2021 Air & Tool Engineering Co P2 316224 001 00073100 Equip Sales and Service Merchandise, Rental & Repair 411.41


251074 7/23/2021 Airgas NCN Inc P2 316251 001 00073183 Gas / Oil / Compr Air Gas and Welding Products 430.55 P2 316278 001 00071106 Gas / Oil / Compr Air LOXforWTP2 3,172.19


251075 7/23/2021 Analytical Environmental Laboratories P2 316252 001 00073182 Laboratory Sample analysis -geosmin, MIB 910.00


251076 7/23/2021 Badger Meter Inc P2 316230 001 00070773 Professional Services AMI Deployment Contract 123,565.40 P2 316526 001 00072005 Professional Services 6" Recordall Turbo Series 3,066.87 P2 316526 002 00072005 Professional Services Outside Materials 156.04 P2 316526 003 00072005 Professional Services Outside Materials -0.01 P3 316189 001 00071951 Professional Services 4 COMPOUND METER 17,632.95 P3 316189 002 00071951 Professional Services 4 EBII PLATE STRAINER, ROUND 3,998.55 P3 316190 001 00072401 Professional Services !"METER 32,775.00 P3 316190 002 00072401 Professional Services Inventory Freight Expense 315.66 P3 316191 001 00072403 Professional Services 2"METER 21 ,850.00 P3 316191 002 00072403 Professional Services Inventory Freight Expense 316.42 P3 316192 001 00072119 Professional Services 3 EBII PLATE STRAINER, ROUND 937.37 P3 316282 001 00072400 Professional Services 3/4"METER 26,438.50 P3 316282 002 00072400 Professional Services Inventory Freight Expense 222.86

Payment Number 25 I 07 6 231 ,275.61

251077 7/23/2021 Bay Alarm Company P2 316315 001 00073151 Services Security & Video Alarm Systems 3,806.84


251078 7/23/2021 Bay Area Air Quality Mgmt District PV 316295 001 City I County / GOV 575.00


251079 7/23/2021 Bay Area Water Supply & Conservation PV 316288 001 Memberships 65.00 PV 316289 001 Memberships 225.00


251080 7/23/2021 Bay Counties Diesel Service P2 316203 Oil 00073084 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316204 001 00073083 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316205 001 00073082 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316206 001 00073081 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316207 001 00073080 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316208 001 00073079 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316209 001 00073078 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316210 001 00073077 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66

R5504424 Alameda County Water District 7/27/2021 8:33 :52 Version A WD00l Audited Demands - Automated Payments Page2

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Pa ee TY.Qe Number Number Classification Descri12tion Amount

P2 316211001 00073076 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316212 001 00073075 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316213 001 00073074 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316214 001 00073073 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316215 001 00073072 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316216 001 00073071 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316217 001 00073070 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316218 001 00073069 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316219 001 00073068 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316220 001 00073067 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316221 001 00073066 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316222 001 00073065 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66 P2 316223 001 00073064 Vehicle Sales and Service DPF CLEANING AND REPAIR 89.66


251081 7/23/2021 Bay Equipment Sales & Service, Inc. P2 316226 001 00073111 Equipment Rental Product & Equipment Repair 391.88 P2 316227 00 1 00073110 Equipment Rental Product & Equipment Repair 96.14


251082 7/23/2021 Cal Engineering & Geology Inc P2 316228 001 00073118 Construction Services Geotech Services for VH Tank 1,540.00


251083 7/23/2021 California Dept of Tax and Fee Admin PV 316287 001 Fees 148.98


251084 7/23/2021 State of California PD 316523 001 City / County/ GOV Contract 160159 -26,561.00 PV 316522 001 City / County / GOV Contract 160159 42,071.00


251085 7/23/2021 California Urban Water Agencies PV 316296 001 Memberships 60,000.00


251086 7/23/2021 California UST Services P2 316244 001 00073152 Services Underground Storage Tank 400.00


251087 7/23/2021 Cal-West Concrete Cutting Inc P2 316266 001 00073124 Services Concrete Cutting Services 320.00


251088 7/23/2021 N Harris Computer Corporation P2 316229 001 00070514 Software Sales & Support PSA-Al Cayenta Integration Ser 6,300.00 P2 316241 001 00070514 Software Sales & Support PSA-Al Cayenta Integration Ser 6,300.00


251089 7/23/2021 Champion Scaffold Services, Inc. P2 316258 001 00072898 Equipment Rental Scaffold Rental & 2,175.00


251090 7/23/2021 Cintas Corporation No. 3 P2 316313 00 1 00073093 Services Linen Service Charges 1,619.46 P2 316314 001 00073094 Services Uniform Leasing Services 4,265.69


R5504424 Alameda County Water District 7/27/2021 8:33:52 Version A WDOOl Audited Demands - Automated Payments Page 3

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Payee T~ Number Number Classification DescriQtion Amount

251091 7/23/2021 City of Newark P2 316256 001 00073099 Fees Coop Agreement with CON 1,550.07


251092 7/23/2021 Convergint Technologies, LLC P2 316269 001 00073204 Equip Sales and Service Genetec Support 630.55 P2 316270 001 00073204 Equip Sales and Service Genetec Support 1,342.50


251093 7/23/2021 Cooperative Personnel Services P2 316259 001 00073136 Professional Services Test Rental 1,060.00 P2 316260 001 00073137 Professional Services Test Rental 3,040.00 P2 316261 001 00073139 Professional Services Test Rental 1,755.00 P2 316262 001 00073138 Professional Services Test Rental 2,835.00


251094 7/23/2021 Direct Line Tele Response P2 316201 001 00073092 Telecommunications District Answering Service 1,805.40


251095 7/23/2021 Dun-Rite Excavating Inc P2 316235 001 00073148 Construction Services Paving Services 1,256.00 P2 316237 001 00073122 Construction Services Paving Services 40,231.25 P2 316239 001 00073170 Construction Services Paving Services 2,250.00 P2 316518 001 00073147 Construction Services Paving Services I 16,898.29


251096 7/23/2021 Dysert Environmental Inc P2 316250 001 00073177 Services NPDES Sampling Services 460.00


251097 7/23/2021 Ewing Irrigation Products Inc P2 316316 001 00073086 Landscaping Irrigation/Landscape Products 106.13


251098 7/23/2021 Fastenal Company P3 316194 001 00072643 Parts & Materials 2" ABS THREADED CLEAN OUT 203.93


251099 7/23/2021 Federal Express Corp PV 316285 001 Services 77.62 PV 316291 001 Services 53.26


251100 7/23/2021 Financial Credit Network Inc PV 316286 001 Fees 187.03


251101 7/23/2021 Fiserv PV 316284 001 Refund 505.91 PV 316298 001 Refund 361.68


251102 7/23/2021 Anita A Franco PV 316294 001 Services 6,000.00


251103 7/23/2021 Fremont Recycling & Transfer Station P2 316243 001 00073161 Waste / Recycling / Garbage Disposal Services 500.71


R5504424 Alameda County Water District 7/27/2021 8:33 :52 Version A WD00I Audited Demands - Automated Payments Page4

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Payee T~ Number Number Classification Description Amount

251104 7/23/2021 City of Fremont - Financial Services PV 316290 001 City / County / GOV 6/16-6/30 Encroach Permits 4,320.00


251105 7/23/2021 Genetec Inc P2 316245 001 00073171 Education / Training Genetec Certification 350.00


251106 7/23/2021 Granite Rock Company P2 316242 001 00073117 Parts & Materials Backfill Materials (Cold Mix 3,423.96

Payment Number 25 I I 06 3,423.96

251107 7/23/2021 Griswold Industries PV 316283 001 Services 2,027.33


251108 7/23/2021 H2O Innovation USA Inc P2 316257 001 00072336 Materials Toray TMHI0A 4inch RO Membrane 8,180.64 P2 316257 002 00072336 Materials PRO2040009 3,670.80 P2 316257 003 00072336 Materials PRO6180116-N 70.79 P2 316257 004 00072336 Materials PRO5040002-I 825.93 P2 316257 005 00072336 Materials Outside Materials 425.00 P2 316257 006 00072336 Materials Outside Materials 58.35


251109 7/23/2021 Hanson Bridgett LLP PV 316524 001 Legal Services Legal Services for June 2021 81,953.80

Payment Number 251109 81 ,953.80

251110 7/23/2021 Hazmat TSDF, Inc. P2 316248 001 00073180 Safety Hazwaste Pick up and Disposal 875.25 P2 316249 001 00073179 Safety Hazwaste Pick up and Disposal 523.50


251111 7/23/2021 Hill Brothers Chemical Co P2 316275 001 00072958 Chemicals Aqua Ammonia for WTP2 2,063.13 P2 316276 001 00072958 Chemicals Aqua Ammonia for 41.49


251112 7/23/2021 Hyas Group, LLC P2 316200 001 00061919 Professional Services Deferred Compensation Advisory 10,250.00


251113 7/23/2021 James & Martha Hodges Family Trust PV 316521 001 Services 2,013.84


251114 7/23/2021 Johnson Service Group Inc PV 316292 001 Temp Services 11,061.21


251115 7/23/2021 Koff & Associates P2 316199 001 00072605 Professional Services Engineering Manager 4,500.00


251116 7/23/2021 Lone Tree Trucking Inc P2 316234 001 00073143 Services OffHaulting of Sludge 3,223.18


251117 7/23/2021 P&A Administrative Service, Inc. P2 316519 001 00073156 Professional Services FSA and Cobra Plan 260.00

R5504424 Alameda County Water District 7/27/2021 8:33 :52 Version A WDOO I Audited Demands - Automated Payments Page 5

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Pa ee TYJ2e Number Number Classification Descri2tion Amount

P2 316520 001 00073156 Professional Services FSA and Cobra Plan 280.00


251118 7/23/2021 Pace Supply Corp P3 316193 001 00072536 Parts & Materials 1 METER BOX LID 7,246.55


251119 7/23/2021 Pape Machinery Inc P2 316233 001 00073121 Equip Sales and Service Equipment, Merchandise and 90.17


251120 7/23/2021 Puretec Industrial Water P2 316253 001 00073181 Laboratory Deionized Water Equip and tank 659.98


251121 7/23/2021 Schaa's Lawnmower Sales & Service P2 316202 001 00073006 Parts & Materials Lanscaping Products and 61.04


251122 7/23/2021 Seepex Inc P3 316195 001 00072864 Materials STATOR W/DRY RUN SENSOR CAP 791.17 P3 316195 002 00072864 Materials Inventory Freight Expense 24.03 P3 316195 003 00072864 Materials Inventory Freight Expense 3.21 P3 316196 001 00072864 Materials MECHANICAL SEAL 522.65 P3 316196 002 00072864 Materials Inventory Freight Expense 22.80 P3 316196 003 00072864 Materials Material & Supplies 0.01


251 123 7/23/2021 Solenis LLC P2 316274 002 00072938 Chemicals Praestol Polymer Kl 10 1,681.36


251124 7/23/2021 T.T. Technologies, Inc P2 316238 001 00073131 Materials Tool Maintenance and Repairs 537.16


251125 7/23/2021 TJC and Associates Inc. P2 316271 001 00073203 Professional Services Arc Flash Study_Field Survey 9,260.49


251126 7/23/2021 United Rentals P2 316263 001 00073135 Equip Sales and Service Equipent Rental 413.47 P2 316264 001 00073.134 Equip Sales and Service Equipent Rental 537.83 P2 316265 001 00073133 Equip Sales and Service Equipent Rental 540.18


251127 7/23/2021 Univar USA Inc P2 316279001 00072964 Chemicals Sodium Hydroxide for 5,503.83 P2 316280 001 00072964 Chemicals Sodium Hydroxide for 4,965.38 P2 316281 001 00072964 Chemicals Sodium Hydroxide for 5,393.69 P2 316312 001 00072964 Chemicals Sodium Hydroxide for 5,270.00

PaymentNumber 25 1127 21 ,132.90

251128 7/23/2021 Vasco Road Landfill P2 316240 001 00073144 Waste / Recycling / Garbage Reuse and/or Disposal of Water 3,656.96


251129 7/23/2021 VWR International LLC P2 316246 001 00073175 Chemicals Laboratory chemicals 2,403.12 P2 316247 001 00073176 Chemicals Laboratory chemicals 7,288.74

R5504424 Alameda County Water District 7/27/2021 8:33 :52 Version A WDOO I Audited Demands - Automated Payments Page 6

Check Dates: - 7/19/2021 - 7/23/2021

Check Check Document Document Purchase Order Number Date Payee T~ Number Number Classification Descrietion Amount


251130 7/23/2021 West Yost Associates, Inc. P2 316272 001 00072773 Professional Services Grant Management Services 3,836.78 P2 316273 001 00073208 Professional Services Grant Management Services 12,593 .78


251131 7/23/2021 WestAir Gases and Equipment, Inc. P2 316277 001 00071092 Chemicals CO2 Supply & Delivery 6,136.53


251132 7/23/2021 Workplace Climate LLC P2 316232 001 00070444 Professional Services Diversity and Inclusion 600.00


251133 7/23/2021 WQI P2 316267 001 00073196 Education / Training Treat & Distrib. Training 5,000.00


251134 7/23/2021 Xylem Inc P2 316268 001 00072609 Parts & Materials Ozone Analyzer Repair/Cal 2,703.94 P2 316268 002 00072609 Parts & Materials Services - Misc 37.13


251135 7/23/2021 ZunZun P2 316254 001 00059880 Professional Services Water Conservation Education 1,667.00 P2 316255 001 00072936 Professional Services 65 School assemblies 2019/20 3,833 .00


7072021 7/21/2021 Calpers PM 316527 001 Employee Benefits 219,370.16 '- Payment Number 7072021 219,370.16

Grand Total 6,643,881.58




'

nathan Wunderlich, Director of Finance/ Treasurer

✓Iida Ed Stevenson, General Manager

Date: 7 /z_ 7 /:z.J I I

Date: -=r/ ~ 1-}z t. 2 (

R5504424 Alameda County Water District 8/4/2021 11 :17:41 Version AWD00I Audited Demands - Automated Payments Page 1

Check Dates: - 7/26/2021 - 7/30/2021

Check Check Document Document Purchase Order Number Date Pa ee TY£e Number Number Classification DescriQtion Amount

72421 7/29/2021 California Employment Dev Dept PM 316628 001 Truces State True Withholding 072921 61,586.33

PaymentNumber 72421 61 ,586.33



72621 7/29/2021 Internal Revenue Service PM 316627 001 Truces 189,354.39


72721 7/29/2021 ICMA Def Comp 401a PM 316630 001 Employee Benefits 23,531.41


72821 7/29/2021 ICMA Def Comp 457 PM 316631 001 Employee Benefits 81 ,645.95

Payment Number 72821 81 ,645.95

72921 7/26/2021 CERBT PM 316638 001 Fees CERBT 4,595,724.00

Payment Number 72921 4,595,724.00

251144 7/30/2021 ACWAJPIA PV 316624001 Insurance 103,141.65


251145 7/30/2021 AT&T PV 316580 001 Telecommumcations BAN #9391052688 1,696.13 PV 316581 001 Telecommunications BAN #939 1060066 207.65

Payment Number 251145 1,903 .78

251 146 7/30/2021 AT&T Mobility PV 316582 001 Telecommumcations Acct#287024663616 592.76


25 1147 7/30/2021 Borges & Mahoney Co P2 316577 001 00071889 Parts & Materials Chlorine Analyzer 18,714.53 P2 316577 002 00071889 Parts & Materials Outside Materials 499.99


251148 7/30/2021 Ca!PERS Long Term Care Program T7 316594 001 Employee Benefits 85.67


251149 7/30/2021 Chiao Zen Chang NO 316575 001 Refund Refund J203 l 64 829.00


251150 7/30/2021 City of Fremont NO 316567 001 Refund Refund J203 I 06 14,486.79


251151 7/30/2021 Comcast PV 316579 001 Telecommunications Acct #909134237 1,201.25


251152 7/30/2021 ERM NO 316566 001 Refund Refund J203 I 5 I 1,814.86


R5504424 Alameda County Water District 8/4/2021 11:17:41 Version A WDOOl Audited Demands - Automated Payments Page2

Check Dates: - 7/26/2021 - 7/30/2021

Check Check Document Document Purchase Order Number Date Pa ee Ti'.Ee Number Number Classification Descrii:,tion Amount

251153 7/30/2021 Franchise Tax Board T7 316593 002 City / County / GOV 150.00


251154 7/30/2021 Court-Ordered Debt Collections T7 316597 001 City I County I GOV 103.80


251155 7/30/2021 Nishanth Gaddam NO 316569 001 Refund Refund J202982-202983 7,070.48


251156 7/30/2021 Industrial Electric Company P2 316576 001 00072051 Equip Sales and Service TOSHIBA PWB W7 CONTROL 56000E2 1,590.68 P2 316576 002 00072051 Equip Sales and Service 56222G-CC TOSHIBA PWB G7 INV I 1,713.04 P2 316576 003 00072051 Equip Sales and Service 48776B2-CC TOSHIBA PCB LARGE G 1,599.42 P2 316576 004 00072051 Equip Sales and Service Outside Materials 54.32


251157 7/30/2021 JSG Investments Inc NO 316571 001 Refund Refund J202993 10,525.66


251158 7/30/2021 Layton Construction Company LLC NO 316574 001 Refund refund }203025-203026 8,813.76


251159 7/30/2021 Milpitas Materials Co P2 316587 001 00073251 Parts & Materials Backfill Materials (Transit 5,383.26


251160 7/30/2021 North Lane Ventures LLC NO 316570 001 Refund Refund }202771-202774 5,191.62


251161 7/30/2021 Trushar Patel NO 316573 001 Refund Refund J203093 78.56


251162 7/30/2021 Power Engineers Inc P2 316578 001 00073016 Professional Services Revision No. 2 to PO 67461 26,837.72


251163 7/30/2021 Ravi Shekhar NO 316572 001 Refund Refund J203092 858.31


251164 7/30/2021 Tessco P2 316588 001 00073195 Parts & Materials PLC programming services 22,440.00


251165 7/30/2021 TH-HW Enterprise LLC NO 316568 001 Refund Refund J203086 782.38


7062021 7/29/2021 USBank PM 316625 001 CALCard July Cal-card 53,266.79


7082021 7/29/2021 USBank PM 316626 001 CALCard AP July Cal-Card 10,864.54


R5504424 Version AWD00!

Check Check Document Number Date Pa:tee TYE_e

7222021 7/27/2021 Calpers PM

7232021 7/27/2021 Calpers PM

7242021 7/27/2021 Calpers PM


Check Dates: - 7/26/2021 - 7/30/2021

Document Purchase Order Number Number Classification

316583 001 Employee Benefits






Descri.e_tion

Grand Total

8/4/2021 11:17:41 Page 3

Amount

238,027.10

238,027.10

8,580.00

8,580.00

5,491.20

5,491.20

5,509,198.50


Water District, that no demand has been previously pa id in whole or in part, that proper procedures were followed in procurement of the


~ fl,cco,,nt.'llJ 1 Treqs'-'''1 , / '11)~ , Ha 005e-. / &f · Tr-eQ~rerDate: rJ/l./, 2/

H)< Jonathan Wunderlich, Director of Finance/ Treasurer

/✓~ ../, ner

-- -- I.

~ PP' Ed ~ nson, CJe ~ Date: i/t-1 /,zo 2 /

'

1

RESOLUTION NO. _______

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT AUTHORIZING THE DEPOSIT AND WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND BY SPECIFIED EMPLOYEES

WHEREAS, Pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added

to the California Government Code to create a Local Agency Investment Fund in the State

Treasury for the deposit of money of a local agency for purposes of investment by the State

Treasurer; and

WHEREAS, the Board of Directors, on January 10, 2019, adopted Resolution No. 19-004

authorizing the investment of monies in the Local Agency Investment Fund; and

WHEREAS, the Office of the State Treasurer has requested that the Alameda County

Water District provide an updated resolution identifying District officers authorized to deposit or

withdraw funds from the Local Agency Investment Fund.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of ALAMEDA

COUNTY WATER DISTRICT does hereby agree to deposit and withdraw DISTRICT monies in

the Local Agency Investment Fund in the State Treasury in accordance with the provisions of

Section 16429.1 of the Government Code for the purpose of investment as stated herein, and

verification by the State Treasurer’s Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the following District officers or their successors

shall be authorized to order the deposit and withdrawal of monies in the Local Agency

Investment Fund:

Edward H. Stevenson Jonathan B. Wunderlich General Manager Director of Finance

2

Mariana Grajeda Roseann Marquez Accounting and Treasury Manager Accounting Supervisor

BE IT FURTHER RESOLVED that Resolution No. 19-004, adopted on January 10

2019, be and hereby is rescinded.

PASSED AND ADOPTED THIS 12th day of August, 2021, by the following vote:

AYES:

NOES:

ABSENT:

Aziz Akbari, President Board of Directors Alameda County Water District ATTEST: APPROVED AS TO FORM: Gina Markou, District Secretary Patrick T. Miyaki, General Counsel Alameda County Water District Alameda County Water District (Seal)


DATE: August 6, 2021


FROM: Ed Stevenson

SUBJECT: STAFF REPORT, ACTION CALENDAR ITEMS AUGUST 12, 2021

5.1* RESOLUTION ACCEPTING COMPLETION OF UTILITY LOCATION SERVICES FOR THE ALVARADO-NILES PIPELINE SEISMIC IMPROVEMENT PROJECT

SUMMARY: The Board previously awarded utility potholing services for Phase 1 of the Alvarado-Niles Pipeline Seismic Improvement Project (Project). In support of the design process, utility location, or “potholing,” services were required to identify the type, size, and precise location of the existing utilities in the vicinity of the project. The services are complete, and Phase 1 construction is nearing completion. Completion of this work helps meet the District’s Strategic Plan Goal 1.1 – Efficiently Manage and Maintain our Infrastructure to Ensure Reliability.

RECOMMENDATION: By motion, 1) grant a time extension of 65 calendar days, and 2) adopt a resolution accepting completion of Utility Location Services for the Alvarado-Niles Pipeline Seismic Improvement Project, Job 21192.

DISCUSSION: On April 11, 2017, the Board awarded the potholing contract for the Project to Clean Harbors Environmental Services, Inc. (Clean Harbors) in the amount of $90,825. The scope of work included 1) obtaining the necessary permits to perform the work, 2) traffic control, 3) utility potholing to expose the utility, 4) recording and documenting the necessary informationat each location, and 5) backfilling and restoring the pavement. A total of 60 potholes wereincluded in the base contract. Completion of the work required an additional 65 calendar days,as a result of changes to the project design schedule. District staff recommends extending beyondthat provided in the contract.

The contract with Clean Harbors provided for the addition of potholing associated with other District projects, as needed. Change Order No. 1, in the total of $17,250, was previously authorized by the Board on February 8, 2018, for additional utility locating services, including up to 15 potholes, and related work for the PR-1 Booster Station Project, Job 21188. This work was completed within the original contract duration.

The final contract price was $57,995, including adjustments to quantities.

Board of Directors Page 2 of 8 August 6, 2021

5.2* RESOLUTION ADOPTING UPDATED FISCAL YEAR 2021/22 CONSOLIDATED SALARY SCHEDULE (ALL CLASSIFICATIONS) AND FISCAL YEAR 2021/22 OPERATING ENGINEERS LOCAL NO. 3 AND OPERATORS’ ASSOCIATION CAREER SERVICE PAY SALARY SCHEDULE

SUMMARY: The Board of Directors is required to adopt a resolution approving the FY 2021/22 salary schedule that lists the base pay for all District job classifications (the Consolidated Salary Schedule).

On July 8, 2021, the Board adopted the FY 2021/22 Consolidated Salary Schedule and two related salary schedules; however, at that time, the District was still in negotiations with both bargaining groups so those schedules did not reflect any changes to represented classifications. Subsequently, on July 8, 2021, the Board approved updated terms and conditions of employment towards a successor memorandum of understanding with one of the District’s two labor groups, the Alameda County Water District’s Operators’ Association. Those terms include adjustments to the salaries of Operators’ Association-represented positions to reflect the implementation of the 2021 District-wide Classification and Compensation Study. The District is still in bargaining with its other labor group, the Operating Engineers Local No. 3. Once an agreement is reached that results in changes to any of the base pay rates shown on the Consolidated Salary Schedule for positions in that bargaining unit, staff will update the applicable base pay rates on the Consolidated Salary Schedule and request that the Board approve the updates at that time.

This action will help meet the District’s Strategic Plan Goal 4.2 – Maintain Employee Retention by Encouraging and Valuing Employee Work Efforts and Skills, as well as Goal 3.2 – Ensure Cost Reasonableness.

RECOMMENDATION: By motion, adopt the resolution approving and adopting the updated FY 2021/22 Consolidated Salary Schedule (All Classifications) and FY 2021/22 Operating Engineers Local No. 3 and Operator’s Association Career Service Pay Salary Schedule.

DISCUSSION: To qualify as reportable compensation for purposes of calculating retirement benefits for employees of a CalPERS contracting agency, CalPERS requires that employees’ base pay be set forth in a “publicly available pay schedule.” California Code of Regulations Section 570.5(a) sets forth a number of requirements that the pay schedule must meet, including requiring that the contracting agency’s governing body approve and adopt the pay schedule in accordance with the requirements of applicable public meeting laws.

Attached are two salary schedules, as updated to reflect terms and conditions of employment for Operators’ Association members approved by the Board on July 8, 2021, for the Board to consider adopting to comply with these rules: 1) the Consolidated Salary Schedule that incorporates all District job classifications with annual base salary ranges; and 2) the salary schedule that lists the salary ranges with the Career Service Pay received for the Operating Engineers Local No. 3 and Operators’ Association members. The District maintains all updated and active salary schedules on its public website.


5.3* REJECTION OF BIDS FOR THE NILES CONE GROUNDWATER BASIN EXTRACTION WELL SITE EVALUATION PROJECT

SUMMARY: The Niles Cone Groundwater Basin Extraction Well Site Evaluation Project (Project) was advertised for bid on July 7, 2021. The Project with partial funding provided through a grant agreement with the State Water Resources Control Board (State Board) Division of Financial Assistance, proposes the geologic and hydrogeological evaluation of three locations in the central portion of the Niles Cone Groundwater Basin (Niles Cone) where groundwater wells can potentially be sited to remove brackish water in the Centerville-Fremont Aquifer. On July 23, 2021, three bids were received, opened, and evaluated. All three bids contained irregularities, and some were significantly higher than the engineer’s estimate. In addition, staff is evaluating and considering modifications to the scope of work. Therefore, staff recommends rejecting all the bids and re-evaluating the bid documents and scope of work prior to re-advertisement. RECOMMENDATION: By motion, reject the bids for the Niles Cone Groundwater Basin Extraction Well Site Evaluation Project, Job 10097. DISCUSSION: Since its formation, the District has strived to protect the Niles Cone from over-pumping and saltwater intrusion. Saltwater intrusion in the Niles Cone was detected as early as the 1920s, and gradually worsened over four decades of declining water levels in the Below Hayward Fault aquifers. The District’s Aquifer Reclamation Program to remove brackish groundwater has been successful to date; however, there is still a bulge of brackish water in the Centerville-Fremont Aquifer located in the central portion of the Niles Cone. The Project will involve the collection of geological and hydrogeological data to determine the efficiency and long-term effectiveness of brackish groundwater extraction at each location. A total of three 8-inch diameter test wells (one at each location) and eight 2-inch monitoring wells will be installed to collect geological and lithologic data. An aquifer pumping test will also be performed at each location to collect aquifer characterization and hydrogeological information. The information collected from the installation of the wells and the pump tests will inform groundwater modeling efforts that will be utilized to determine the feasibility for brackish groundwater extraction facilities at each location. The District advertised the Project on July 7, 2021, and on July 23, 2021, three bids were received and opened. Staff evaluated the bids to verify compliance with the bid requirements. The bid totals for purposes of comparison of proposals ranged from a low of $936,900 to a high of $1,198,200. The engineer’s estimate for the work was $720,000. Bids received from each bidder contained irregularities, and some were significantly higher than the engineer’s estimate. In addition, staff is evaluating and considering modifications to the scope of work. Therefore, staff recommends rejecting all the bids. Staff plans to re-evaluate the bid documents and scope of work prior to re-advertisement.


5.4 RESOLUTION HONORING ANDREW J. WARREN UPON HIS RETIREMENT FROM DISTRICT SERVICE

SUMMARY: Andrew (Andy) J. Warren will be retiring after more than 24 years of service to the District, and his last day in the office will be September 3, 2021. RECOMMENDATION: By motion, adopt a resolution honoring Andrew J. Warren and expressing appreciation for his 24 years of dedicated service with the District. DISCUSSION: Andy began his professional career with the District on April 28, 1997, as a Customer Account Representative I in the Customer Service Division. He was promoted to Customer Account Representative II in April 1999. In January of 2001, Andy transferred to the Operations and Maintenance Department as an Office Assistant II and stayed in that classification when he transferred to the Engineering Department in July of 2003. On September 27, 2004, Andy was promoted to Office Supervisor in the Operations and Maintenance Department. In March of 2006, Andy was appointed the Assistant Board Secretary, and in 2007 he was promoted to Office Supervisor II, the role he held until his retirement. Andy has been acknowledged for his excellent service assisting both internal and external customers utilizing a friendly professional approach and an ability to resolve concerns with respect and fairness. His years of experience and knowledge of District policies and programs have made Andy a valuable resource to the agency. As the Office Supervisor in the Operations and Maintenance Department, Andy has been a key member of the management team, implementing numerous programs and providing support to the entire department. While serving as Assistant District Secretary, Andy supported the Board and Office of the General Manager staff. Andy is also “the voice” of ACWD, heard by anyone calling and hearing the District’s telephone recording. He will be greatly missed by his many friends and coworkers. 5.5 RESOLUTION AUTHORIZING EXECUTION OF THE LOS VAQUEROS

RESERVOIR JOINT EXERCISE OF POWERS AGREEMENT; APPOINTMENT OF A REPRESENTATIVE AND ALTERNATE TO THE LOS VAQUEROS RESERVOIR JOINT POWERS AUTHORITY; AND AUTHORIZATION OF AMENDMENT NO. 3 TO THE COST SHARE AGREEMENT FOR LOS VAQUEROS RESERVOIR EXPANSION PROJECT PLANNING

SUMMARY: The Alameda County Water District (ACWD) has identified the Los Vaqueros Reservoir Expansion Project (Project) as an initiative for water supply reliability. The Project seeks to increase the existing reservoir capacity from 160,000 acre-feet to 275,000 acre-feet and includes the construction of the Transfer-Bethany pipeline for connecting the Contra Costa Water District (CCWD) system to the State Water Project at Bethany Reservoir. Since 2019, ACWD has been supporting planning activities through a multi-party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning. Collaboration between CCWD and the Project’s Local Area Partners (LAPs) to develop a Joint Exercise of Powers Agreement (JEPA) that establishes Los Vaqueros Reservoir Joint Powers Authority (JPA) and provides a governance structure for the Project has concluded, and the JEPA is ready for execution by the LAP agency governing boards. Joining the JPA at this time would allow the ACWD Board to appoint a Director and Alternate to serve on the JPA and continue exploring participation in the


Project, but does not constitute a final commitment to fund the full Project at this time. A copy of the JEPA is attached to this staff report. On April 30, 2019, ACWD entered into a multi-party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning (Cost Share Agreement) to provide matching funds and in-kind services in support of an Early Funding award from the California Water Commission (CWC) to continue development of the Project and bridge the gap until a Joint Powers Authority (JPA) can be formed to oversee completion of the expansion and related improvements. Two Amendments to the Cost Share Agreement have been executed to date, with Amendment No. 3 being proposed at this time to continue funding for planning and design activities through December 2022, with each LAP contributing $897,121. There are sufficient funds in the current budget to cover this expense. Staff’s preliminary analyses of the costs and benefits of participation in the Project was reviewed with the Water Resources and Conservation Committee on July 28, 2021 and indicates the Project appears to remain a good investment for ACWD and warrants participation in the JPA. Board authorization to execute the Los Vaqueros Reservoir Joint Exercise of Powers Agreement and to approve Amendment No. 3 to the Cost Share Agreement will help meet ACWD’s Strategic Plan Goal 2.3 – Evaluate New and Innovative Water Management Concepts. Staff will supplement this staff report by making a presentation at the Board Meeting, including a review of staff’s analyses of the costs and benefits. RECOMMENDATION: By motion, 1) adopt a resolution authorizing the General Manager to execute the Los Vaqueros Reservoir Expansion Joint Exercise of Powers Agreement; 2) designate and appoint a Director and Alternate to the Los Vaqueros Reservoir Joint Powers Authority; and 3) authorize the General Manager to execute Amendment No. 3 to the Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning in an amount not to exceed $897,121. DISCUSSION: CCWD owns and operates the Los Vaqueros Reservoir. The LVE Project includes expansion of the existing 160,000 acre-feet reservoir owned and operated by Contra Costa Water District (CCWD) to 275,000 acre-feet, construction of a pipeline between CCWD’s Transfer Pump Station and the State Water Project’s California Aqueduct at Bethany Reservoir (Transfer-Bethany Pipeline), and other improvements. The Project is adjacent to the Sacramento/San Joaquin Delta (Delta) and has the potential to capture Delta surpluses, provide additional operational flexibility, and facilitate efficient transfers to and from any LVE partners and their respective sources of supply. Additionally, LVE fulfills the definition of a “South of Delta” storage project upstream of ACWD and could therefore provide emergency water supply to ACWD in case of a Delta outage. The total Project cost is currently estimated at $895 million, with $470 million in State funding anticipated through California Water Commission (CWC) Proposition 1 Water Storage Investment Program (WSIP) for public benefits, and $223 million in anticipated Federal WIIN Act funding. Significant project accomplishments since ACWD last approved funding for Project planning activities include completion of: California Environmental Quality Act documentation with no challenges, a Federal Feasibility Report, a third-party financial evaluation of Project usage fees, a Memorandum of Understanding between CCWD and East Bay Municipal Utilities District (EBMUD) for temporary conveyance during construction, and an evaluation of potential


capacity in the South Bay Aqueduct available for use by San Francisco Public Utilities Commission (SFPUC). Additionally, CCWD has submitted a 90% dam raise design to Division of Safety of Dams. Staff have continued to engage with CCWD and the LAPs in ongoing discussions around governance and JPA formation, usage fees, operational and cost modeling, and project benefits. The next major step to secure the $470 million in State funding for the Project is a CWC Feasibility Hearing to be held on October 20, 2021, at which time the CWC must find the Project feasible to proceed. ACWD staff have conducted financial and water resources analyses of ACWD’s potential participation in the Project using currently available information to evaluate preliminary costs and benefits. Current financial estimates are subject to uncertainty, given that: costs to construct new facilities are still preliminary; cost allocation for new facilities is still to-be-developed; methodology for calculating usage fees is not yet finalized; ACWD or other LAPs could still change levels of participation. At this time, it is unclear whether these factors would lead to higher or lower costs for ACWD. Not all relevant financial decisions and information will be available prior to Los Vaqueros Reservoir JPA formation, but this information is expected to be pursued by the JPA and provided prior to final decisions by LAPs to enter into Service Agreements to receive benefits from the Project and commit to providing funding for construction. ACWD’s water resources analysis, based on a future scenario with and without the Project, indicates that future operations with the Project would result in a net reduction in future operating costs as compared to future operations without the Project. Additionally, operation with the Project in the future would improve offsite reserves in Semitropic and result in additional un-costed benefits, including “insurance” against a Delta outage, new flexibility to optimize local storage and reliability, and new partnership opportunities. Based on this analysis, the Project appears to remain a good investment for ACWD and warrants participation in the Los Vaqueros Reservoir JPA. Over the past year, CCWD and the LAPs have been collaborating to develop the Los Vaqueros Reservoir Joint Exercise of Power Agreement (JEPA) that would form the Los Vaqueros Reservoir JPA and provide a governance framework for the implementation of the Project. Issues related to JEPA development were discussed with the ACWD Board for input at the September 2020 regular Board meeting, including eligibility to serve as a Director, voting provisions and levels of approval, financial considerations, member withdrawals, and administrative provisions. The Board’s feedback was provided in the JEPA development discussions. At this time, all outstanding issues have been addressed and the JEPA is ready for execution by the LAP agency governing boards. CCWD’s Board of Directors authorized execution of the JEPA on April 7, 2021. Joining the JPA at this time would allow the ACWD Board to participate in the JPA and continue exploring participation in the Project, but does not constitute a final commitment to fund construction of the Project at this time as there are number of withdrawal provisions in the JEPA prior to making a final commitment to execute a Service Agreement and fully fund the Project. ACWD and the JPA will comply with the California Environmental Quality Act (CEQA), as applicable, prior to participating or otherwise proceeding with the Project. Creating and joining the JPA are administrative and organizational actions that will not result in a direct physical change in the environment or a reasonably foreseeable indirect change to the environment, and thus is not a project as defined by CEQA Guidelines section 15378(b)(5). Note that the Project has been subject to prior CEQA review and CCWD as lead


agency has certified an Environmental Impact Report for the Project. Should the ACWD Board take action to authorize execution of the JEPA and join the JPA, there are two additional Board actions that will be required, and the General Manager would also sign a joint letter of support for the Project from all the LAPs to be sent to the California Department of Water Resources. First, the Board must designate and appoint, by motion, a Director and Alternate to serve on the Los Vaqueros Reservoir JPA Board. In accordance with the JEPA, the Director must be either a member of the ACWD Board or a management-level employee, and the Alternate must be a member of the ACWD Board or an employee. Should the Board not identify a member that is able to serve, staff is prepared to fill one or both positions as needed. Second, the Board must take action to approve Amendment No. 3 to the Cost Share Agreement to provide additional planning funding for the Project through 2022, as described below. On April 30, 2019, ACWD entered into a multi-party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning for a cost of $314,728 and since that time has worked closely with CCWD and the other LAPs on planning activities. One June 5, 2020, Amendment No. 1 to the Cost Share Agreement was executed under the General Manager’s authority to extend the term of the agreement from June 30, 2020, through December 2020 at no cost. On September 11, 2020, Amendment No. 2 to the Cost Share Agreement was executed following Board approval and included an updated work plan, additional funding of $868,852, and an extension of term through December 31, 2021. At this time, Amendment No. 3 to the Cost Share Agreement is being proposed with each of the seven LAPs contributing $897,121 to continue planning activities through 2022, and assumes that the Los Vaqueros Reservoir JPA will be established. Key activities in Amendment No. 3 include: initial administration of the Los Vaqueros Reservoir JPA, development of a backstop water service agreement between CCWD and EBMUD, conceptual plan for recreational facilities, inspection of key pipelines to be utilized by the Project, risk management support, evaluation of alternative water supplies for CCWD during construction, and development and design of construction agreements for Project facilities. An updated construction cost estimate for the Project has been prepared, and work will continue on refining the cost allocation methodology for the Project for further consideration. While the final cost allocation methodology is not yet available, staff evaluation of the Project based on the latest available information and a review of the preliminary costs and benefits indicates that it continues to remain competitive with other feasible long-term water supply reliability options. The total cost of the Amendment No. 3 scope of work is $22,831,798, with $6,279,840 that would be funded by CCWD and the LAPs, and the remainder to be funded by Reclamation, CWC and in-kind services from CCWD and LAPs. Should less than seven LAPs continue participation during the term, the Cost Share Agreement would be further amended subject to terms mutually-acceptable to the remaining partners. Currently, in addition to ACWD and CCWD, LAPs participating in the Cost Share Agreement include: Zone 7 Water Agency; EBMUD, Grassland Water District, SFPUC, San Luis & Delta-Mendota Water Authority, and Santa Clara Valley Water District. A copy of Amendment No. 3 to the Cost Share Agreement is attached to this staff report.


5.6 RESOLUTION APPROVING THE INTENTION TO CHANGE FROM AT-LARGE TO ZONE-BASED ELECTIONS FOR ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS

SUMMARY: The Board of Directors are currently elected at-large, per the District’s enabling legislation. Generally, under the California Voting Rights Act (CVRA), at-large elections are prohibited if racially polarized voting limits the ability of minorities to elect or influence the election of minority candidates. The District received a letter from a law firm alleging that the District's at-large elections violate the CVRA. The District does not agree with these allegations. However, in order to ensure that the Board most effectively represents all interests of its residents and encourages the fullest voter participation, the Board will change to a zone-based system for election of the Board members. The District will begin the process following the release of the 2020 census data. The Board last discussed the resolution of intention at the July 8, 2021 Board of Directors’ meeting.

RECOMMENDATION: By motion, adopt the resolution approving the intention to change from at-large to zone-based elections for the election of members of the Board of Directors.

DISCUSSION: Under the District’s enabling legislation, members of the Board of Directors are currently elected at-large. The California Voting Rights Act (CVRA) prohibits the use of at-large elections if it impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Numerous public agencies, including the District, have been contacted by private law firms alleging violations of the CVRA in a push to move agencies to district or zone-based election systems.

It is the District’s intention to establish five zones which are compliant with all voting laws and best practices, that ensure appropriate representation of the District’s minority groups and the opportunity for minority groups to exercise effectively the electoral franchise, and which take into consideration topography, geography, cohesiveness, contiguity, integrity and compactness of territory, non-disturbance of existing precincts, and maintain vital communities of interest. To do this, the District has engaged a demographer who will utilize census data to draft potential zones.

The new 2020 federal census data is not expected to be released until at least the end of September 2021 and potentially later due to the impacts of the COVID-19 pandemic. The demographer will utilize this updated census data, once released. The District plans to initiate the formal public hearing process within three months following the release of the new 2020 census data. It is estimated the process will take approximately 120 days from the first public hearing. Assuming the census data is not significantly delayed past the current expected release date, this would result in the new zones being in place for the November 2022 Board of Directors election.

Attachments cc: Executive Staff

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LOS VAQUEROS RESERVOIR JOINT EXERCISE OF POWERS AGREEMENT

THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date defined below, by and between the parties listed on Exhibit A attached hereto, which is incorporated herein by this reference. Those parties are referred to in this Agreement individually as a “Member” and collectively as the “Members,” as further defined in Section 1.1.22, below.

RECITALS

A. Each Member is a public agency authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California; and

B. Each Member has the power to plan for, design, construct, operate, maintain, repair, and replace water-related facilities, as contemplated in the Project, as defined in Section 1.1.26, below; and

C. The Members desire to use any and every power common to them for the purpose of designing, and for their potential participation in, constructing, operating, repairing and maintaining the Project, or taking such other actions that will make the use of the Project more efficient or effective in providing the Members and their respective ratepayers a more reliable and affordable water supply, but nothing in this Agreement shall provide any power to Contra Costa Water District to unilaterally suspend the delivery of Project benefits to a Member; and

D. Contra Costa Water District’s Board of Directors adopted Resolution No. 21-006 at a regularly scheduled meeting on April 7, 2021 that found and determined the Project, as contemplated by this Agreement, is consistent with the applicable principles of that district included in its Resolution 03-24, adopted on June 25, 2003; and

E. The Members desire, by means of this Agreement, to establish a new public agency that is separate and apart from each of the Members, to provide for its governance and administration, and to create a structure for Members to assist in the design, construction, operation, and administration of the Project as the Members may elect, and for related purposes. This Agreement does not legally bind or otherwise commit the Authority or the Members to participate in or otherwise proceed with the Project. The Members will comply with the California Environmental Quality Act (“CEQA”), as applicable, prior to participating or otherwise proceeding with the Project. The Members further acknowledge the Project has been the subject of prior review in compliance with CEQA and that Contra Costa Water District, as lead agency, has completed and certified an environmental impact report concerning the Project; and

F. Establishing and joining the Authority are administrative and organizational actions that will not result in a direct physical change in the environment or a reasonably foreseeable indirect change to the environment, and thus is not a project as defined by CEQA Guidelines section 15378(b)(5).

NOW THEREFORE, in consideration of the above Recitals and of the mutual promises and agreements contained herein, the Members agree as follows:

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ARTICLE 1 GENERAL PROVISIONS

1.1 Definitions. The words and terms defined in this Section 1.1 shall, for the purposes of this Agreement, have the meanings herein specified.

1.1.1 Act means Articles 1 through 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies, as amended or supplemented from time to time.

1.1.2 Administrative Agreement means the agreement between the Authority and the Administrator under which the Administrator will provide administrative services to the Authority and will be reimbursed for the costs of those services.

1.1.3 Administrator means the person or entity engaged by the Board of Directors to manage and administer the financial and administrative activities of the Authority in accordance with Section 4.5, below.

1.1.4 Agreement means this Joint Exercise of Powers Agreement.

1.1.5 Authority means the Los Vaqueros Reservoir Joint Powers Authority, which is created by this Agreement.

1.1.6 Board or Board of Directors means the Board of Directors referred to in Article 2 of this Agreement, which is the governing body of the Authority.

1.1.7 Bonds means bonds, notes, commercial paper, and any other evidence of indebtedness of the Authority authorized and issued pursuant to the Act, any indebtedness issued or incurred by the Authority pursuant to any act supplementary to the Act, including, but not limited to, refunding bonds authorized and issued pursuant to Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

1.1.8 Capacity Usage Rights means the Authority’s rights to Project water transmission and storage capacity, which the Authority may then assign to each Member under the terms of the Service Agreements.

1.1.9 CCWD means Contra Costa Water District, a county water district formed under Division 12 of the Water Code, and the owner of the Los Vaqueros Reservoir.

1.1.10 CCWD-Provided Facility means an existing facility owned and operated by CCWD with excess capacity that has been made available for use by the Authority in accordance with the Facilities Usage Agreement between CCWD and the Authority. CCWD-Provided Facilities are listed and identified in Exhibit B, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a CCWD-Provided Facility on Exhibit B does not give the Authority any Capacity Usage Rights to use that facility, except as provided in the Facilities Usage Agreement between CCWD and the Authority.

1.1.11 Costs of Service mean the costs of Services included in the payments, or other non-monetary benefits, the Authority will receive from Members pursuant to the Service Agreements or any Related Activity Agreement. The Costs of Service, which shall be as fully described and specified in the respective Service Agreements or any Related Activity Agreement, include, but are not limited to, all Project capital costs and operating expenses, such as Project development costs; debt service, to the extent applicable under any agreed upon financing vehicle, including interest on

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any Bonds; amounts payable to CCWD and EBMUD under the Facilities Usage Agreements; operations and maintenance costs of the Project or of any Related Activity; Authority administrative expenses; capital reserve payments; and payments to a renewal and replacement fund the Authority will establish.

1.1.12 Design & Construction Agreement means the design and construction agreements the Authority will enter into with CCWD for the New Facilities and Modified Facilities for which CCWD is designated as the builder on Exhibit B hereto; and with EBMUD for the New Facilities and Modified Facilities for which EBMUD is designated as the builder on Exhibit B hereto. Those agreements will address the design and construction services to be provided by the contracting party in accordance with industry standards, and the Authority’s payment obligations for such design and construction services.

1.1.13 Director means a member of the Board appointed to the Board pursuant to Section 2.2 of this Agreement or a duly appointed alternate acting for the appointed Board member in his or her absence.

1.1.14 Early Funding Agreement means the agreement between the California Water Commission and CCWD, dated December 20, 2018 and as amended on July 24, 2020, and as it may subsequently be amended, to partially fund Project development activities. The Early Funding Agreement cannot be assigned to the Authority.

1.1.15 EBMUD means East Bay Municipal Utility District, a municipal utility district formed under Division 6 of the Public Utilities Code.

1.1.16 EBMUD-Provided Facility means an existing facility owned and operated by EBMUD, that may be made available for use by the Authority in accordance with, and to the extent provided by, the Facilities Usage Agreement between EBMUD and the Authority. EBMUD-Provided Facilities are listed and identified in Exhibit B as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of an EBMUD-Provided Facility on Exhibit B does not give the Authority any Capacity Usage Rights to use that facility, except as provided in the Facilities Usage Agreement between EBMUD and the Authority.

1.1.17 Effective Date means the date the last Member signs this Agreement, as CCWD shall confirm in written notice to the Members.

1.1.18 Facilities Usage Agreement means the agreements entered into by the Authority and CCWD as to CCWD-Provided Facilities and, as may be applicable, any New Facilities and Modified Facilities for which CCWD is designated as the operator on Exhibit B hereto; and by the Authority and EBMUD as to EBMUD-Provided Facilities and, as may be applicable, any New Facilities and Modified Facilities for which EBMUD is designated as the operator on Exhibit B hereto. Each Facilities Usage Agreement shall provide the Authority with Capacity Usage Rights in some or all of those facilities in exchange for making payments to CCWD or EBMUD, as applicable. Each Facilities Usage Agreement shall specify the nature and extent of Capacity Usage Rights conveyed, the terms and conditions under which those rights may be exercised, and the payment to be made in return for obtaining or exercising Capacity Usage Rights. The Authority may assign its Capacity Usage Rights obtained through Facilities Usage Agreements to one or more Members through the Service Agreements.

1.1.19 Final Funding Agreement means the agreement entered into by the Authority and the California Water Commission under which the California Water Commission agrees to provide funding of approximately $435 million (subject to adjustment) to partially finance design and

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construction of the Project, and the Authority agrees to construct the Project and comply with related contractual obligations in providing public benefits.

1.1.20 Fiscal Year means the period commencing on July 1 of each year and ending on and including the following June 30.

1.1.21 Interim Funding Agreement means the agreement entered into among the Members and the Authority, following formation of the Authority, to provide an interim source of funding for Project development costs, including the initial expenses related to the formation of the Authority, prior to the time where permanent sources of Authority revenues are in place. The Interim Funding Agreement is separate from the Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning, as amended, among the agencies who will become Members, which has provided funding for Project-related functions prior to formation of the Authority, and from the Service Agreements, which are expected to provide funding to the Authority once it is in a position to provide Services to the Members. It is contemplated the above-referenced Cost Share Agreement, as amended, will provide funding before formation of the Authority, the Interim Funding Agreement will provide funding in the early stages after formation of the Authority and the Service Agreements will provide permanent, ongoing funding for the Authority.

1.1.22 Member means any of the members of the Authority, as listed on Exhibit A hereto, and any other entity added to this Agreement by a subsequent amendment to Exhibit A that executes this Agreement. As used herein, the term “Member” shall not include the Department of Water Resources, which pursuant to Water Code Section 79759(b), shall be an ex officio non-voting member of the Authority.

1.1.23 Modified Facilities means existing facilities owned by CCWD or EBMUD that will be modified as part of the Project, funded in whole or in part through the Authority’s proportional share of the costs of development, design, construction, operations and maintenance which are expected to be financed or paid through the Service Agreements the Members enter into with the Authority, and through Design & Construction Agreements and O & M Agreements between the Authority and CCWD and EBMUD, as applicable, or through one or more Related Activity Agreements among those Members benefitting from specific Modified Facility(ies). The Modified Facilities are identified on Exhibit B hereto, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a Modified Facility on Exhibit B does not give any Member other than CCWD or EBMUD, as the operator of that facility, any Capacity Usage Rights in that facility, except as provided in any Facilities Usage Agreement. A Modified Facility may also be referred to as a “specific component” of the Project for purposes of describing specific Modified Facilities to be included in particular financings the Authority will undertake.

1.1.24 New Facilities means facilities necessary for the Project that are expected to

be financed by the Authority and designed, built, owned, operated and maintained by CCWD or EBMUD through Design & Construction Agreements and O & M Agreements between the Authority and CCWD and EBMUD, as applicable, or through one or more Related Activity Agreements among those Members benefitting from specific New Facility(ies). The Authority may also own New Facilities. New Facilities which are owned by the Authority may be operated by a Member or by the Authority, as the Board shall determine with the written agreement of the Member to be charged with operational responsibility. The Authority, including CCWD and EBMUD in their capacity as Members, is expected to be solely responsible for all costs and liabilities related to the New Facilities. The New Facilities are identified on Exhibit B hereto, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a New Facility on Exhibit B does not give any Member other than CCWD or EBMUD, as the operator of that facility, any Capacity Usage Rights in that facility, except as provided in any Facilities Usage

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Agreement. A New Facility may also be referred to as a “specific component” of the Project for purposes of describing specific New Facilities to be included in particular financings the Authority will undertake.

1.1.25 O & M Agreement means the operations and maintenance agreements the Authority will enter into with CCWD for the New Facilities and Modified Facilities for which CCWD is designated as the operator on Exhibit B hereto; and with EBMUD for the New Facilities and Modified Facilities for which EBMUD is designated as the operator on Exhibit B hereto. Those agreements will address operations and maintenance services to be provided by the contracting party in accordance with industry standards, and the payment for such services the Authority will be obligated to make.

1.1.26 Project means generally the second phase of the efforts to expand existing conveyance facilities, and construct new conveyance facilities, at the Los Vaqueros Reservoir owned and operated by CCWD. The Project will expand Los Vaqueros Reservoir to a capacity up to 275,000 acre-feet and will interconnect CCWD’s intake system to new and existing conveyance facilities that will serve the Members to create a regional system. The Project is expected to provide statewide public benefits, including ecosystem benefits to the Project Service Area, including south-of-Delta wildlife refuges, drought and non-drought emergency water supply benefits for the Members, and recreation benefits. The Project is also expected to provide benefits to regional water supply agencies that are Members located within the Project Service Area, integration with state and federal water systems, Central Valley Project operational flexibility, and enhanced opportunities for sustainable groundwater and recycled water management. The Project includes the components specified in Exhibit B hereto as to be more specifically described in subsequent agreements, including New Facilities, Modified Facilities, CCWD-Provided Facilities and EBMUD-Provided Facilities. The Project may include any Related Activity approved by the Board and facilities associated therewith.

1.1.27 Project Service Area means the San Francisco Bay Area (consisting of the counties of Alameda, Contra Costa, Marin, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Solano and Sonoma) and the Central Valley Project service area (as it may be modified from time to time).

1.1.28 Recreational Facilities means those facilities owned, managed and controlled by CCWD that provide recreational opportunities in the Watershed for fishing, boating and hiking, and educational opportunities. The Recreational Facilities are included as a Modified Facility for purposes of this Agreement, which CCWD shall continue to own, manage and control. Funding issues with respect to Recreational Facilities shall be addressed in a Member’s Service Agreement.

1.1.29 Related Activity means an effort, not deemed to be of general benefit to all Members, but consistent with this Agreement’s purposes and the Authority’s objectives, which is undertaken through the Authority by a subset of Members which choose to voluntarily participate in the particular Related Activity, and with respect to which only such participating Members shall receive benefits or incur financial or other obligations.

1.1.30 Related Activity Agreement means the agreement entered into among the Authority and those Members participating in a Related Activity, which sets forth the Authority’s and participating Members’ rights and obligations with respect to that Related Activity.

1.1.31 Reservoir System means the Los Vaqueros Dam, Reservoir, the other CCWD-Provided Facilities listed on Exhibit B, related buildings and structures and any appurtenant facilities.

1.1.32 Reservoir System Operator means CCWD in its capacity as the owner and operator of the Reservoir System.

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1.1.33 Services mean the services of the Project provided to the Members pursuant to the respective Service Agreements, consisting, in general, of water storage and conveyance through the various facilities to which the Authority has contracted to have access and use in accordance with each Member’s share of Capacity Usage Rights held by the Authority pursuant to the Facilities Usage Agreements. Specific services to be provided to Members will depend on Members’ requests, water delivery priorities specified in the Service Agreements, hydrological conditions and permit and regulatory conditions.

1.1.34 Service Agreement means an agreement entered into by a Member and the Authority pursuant to which the Authority provides Services to the Member and the Member is obligated to make payments, or provide other non-monetary benefits to the Authority with respect to the costs thereof, as consideration for those Services, all in accordance with the terms and conditions of any such Service Agreement. It is the intent of the Members that the Service Agreements shall allocate the Costs of Service among the Members in proportion to their anticipated use of Project facilities and other benefits a Member derives from the Project in accordance with the “beneficiary pays” principle. It is also the intent of the Members that the Service Agreements will also allocate costs in a manner to negate any cross-subsidy among Members (i.e., where any Member obtains an unreasonable financial benefit through financial contributions of another Member or other Members), taking into consideration any grant funding the Authority or any Member has received for Project-related costs.

1.1.35 Watershed means the Los Vaqueros Watershed, which is owned and managed by CCWD, consisting of approximately 20,000 acres of protected watershed land that surrounds the Los Vaqueros Reservoir. CCWD shall continue to own and manage the Watershed throughout the term of this Agreement.

1.2. Findings. The Members find and declare the following:

1.2.1. The Members represent a diverse group of public agencies engaged in water

management, conservation, and/or delivery in the Project Service Area. This area’s regional water systems are vulnerable to water shortages due to emergencies such as earthquakes, fire, or drought, and to dry year supply decreases due to insufficient regional storage.

1.2.2. The Project will improve Bay-Delta and Central Valley water supply reliability

and water quality while providing additional habitat and Delta ecosystem benefits. 1.2.3. The Authority is created to enable public agencies responsible for water

distribution to work collaboratively with a regional focus to improve water supply reliability through the development and operation of the Project.

1.3 Purposes and Objectives. The purposes of this Agreement are to: (1) create the

Authority; (2) provide for the administration of the Authority; (3) provide the organizational framework to plan for, design, construct, operate, maintain, repair, and replace the Project for the benefit of the Members and the region; and (4) coordinate the performance of services related to the Project and approved by the Board. The primary objectives of the Authority are to:

1.3.1 Provide governance of the Project by the Members; 1.3.2 Ensure sufficient stable funding for the Project and related administrative and

support activities to be provided through the Service Agreements and Administrative Agreement;

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1.3.3 Ensure costs are reasonable and cost allocations are equitable and transparent, as provided through the Service Agreements;

1.3.4 Acquire and maintain sufficient Capacity Usage Rights in water storage and

conveyance facilities as may be necessary to provide Services to the Members, consistent with the terms of all Project-related agreements; and

1.3.5 Ensure reliable delivery of water to the Members consistent with the terms of

the Service Agreements and Facilities Usage Agreements, such that the Members are provided with the contemplated benefits from their respective investments in the Project.

1.4 Creation of Authority. Pursuant to the Act, there is hereby created a public agency

known as the “Los Vaqueros Reservoir Joint Powers Authority.” The Authority shall be a public agency separate and apart from the Members.

1.5 Term. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by the Members as provided in Article 8 of this Agreement.

1.6 Powers of Authority.

1.6.1 General Powers. The Authority shall exercise, in the manner herein provided, the powers common to the Members, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.

1.6.2 Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:

(a) To make and enter into contracts;

(b) To employ agents and employees;

(c) To lease, acquire, construct, manage, maintain or operate any building, works or improvements;

(d) To acquire, hold or dispose of property or the right to use property or facilities;

(e) To supervise and manage the Project so as to deliver state, federal, and Member benefits commensurate with state, federal, and Member investment in the Project consistent with contractual obligations;

(f) To incur debts, liabilities, or obligations which do not constitute a debt, liability, or obligation of any Member;

(g) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions, and donations;

(h) To prescribe the duties, compensation, and other terms and conditions of employment of other agents, officers, and employees;

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(i) To adopt reasonable rules and regulations for the conduct of the day-to-day operations of the Authority;

(j) To apply for, accept, receive, and disburse grants and loans from local, state, or federal agencies or from individuals or businesses;

(k) To sue and be sued in its own name;

(l) To fund and maintain adequate reserve funds to support debt and operational requirements;

(m) To invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code;

(n) To enter into state funding agreements and federal funding agreements relating to the Project, and assume rights and obligations pursuant to these agreements;

(o) To finance Project development activities;

(p) To enter into Design & Construction Agreements and O & M Agreements

with CCWD and EBMUD, as applicable;

(q) To enter into Facilities Usage Agreements with CCWD and EBMUD;

(r) To enter into an Administrative Agreement with the Administrator;

(s) To enter into agreements with individuals or entities providing program management, Water Supply Manager, legal, financial, accounting, auditing, and other services as required;

(t) To enter into agreements with the California Department of Water

Resources, the California Department of Fish and Wildlife, the United States Department of Interior, Bureau of Reclamation, and other local, state or federal entities as may be required to comply with the requirements of any state or federal funding agreements and to implement the Project, including the administration of public benefits;

(u) To issue Bonds; provided, however, that the Authority shall not issue any

Bonds until the Facilities Usage Agreement with CCWD, all Service Agreements, all O & M Agreements with CCWD and all Contracts for Administration of Public Benefits required by the California Water Commission have been executed by the Authority;

(v) To deliver Services to the Members, and receive payment from the

Members, pursuant to the Service Agreements;

(w) To exercise any and all powers which are provided for in the Act and in Government Code Section 6584 et seq., including, without limitation

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Government Code Section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended;

(x) To take action by resolution, ordinance, or motion, as approved by the Board

as specified herein;

(y) To carry out and enforce all provisions of this Agreement with respect to the activities necessary to undertake the development, construction, and operation of the Project;

(z) To conduct such other activities as are necessary and appropriate to the

above; and

(aa) To exercise any power necessary or incidental to the foregoing powers.

1.6.3 Limitation on Powers. Notwithstanding the general and specific powers listed in Sections 1.6.1 and 1.6.2, the Authority shall not have any power to modify CCWD’s role in owning, managing and operating the Watershed and Los Vaqueros Reservoir System, and Recreational Facilities.

1.7 Intent of the Agreement. Nothing in this Agreement shall be interpreted to limit or

restrict a Member’s operations of its water systems and facilities, including such operations that may involve areas outside of the Project Service Area. The Members acknowledge that entering into this Agreement does not constitute a commitment to fund or to carry out the Project, but such commitments to construct and implement the Project may be undertaken in the future through the execution of subsequent agreements, including, but not limited to, the Service Agreements. Consistent with the intent specified in Recital E, above, each Member shall have the discretion to determine the extent of its participation in the Project and, except as expressly provided in this Agreement, nothing in this Agreement shall be interpreted to require any level of Project participation of any Member, or to require the specific nature of any such Member’s Project participation, such as participation in conveyance only, pooled storage or dedicated storage.

1.8 Manner of Exercising Authority Powers. In accordance with Government Code Section 6509, the Authority shall exercise its powers in the manner by which CCWD exercises its powers, except to the extent this Agreement or the Act specifically provide otherwise.

ARTICLE 2 BOARD OF DIRECTORS

2.1 Creation. The Authority shall be governed by a Board of Directors, which is hereby established, consisting of one (1) Director for each Member, along with one (1) Director appointed by the Department of Water Resources, which is required by law to be a non-voting ex officio member of the Authority pursuant to Water Code Section 79759(b). The governing board shall be known as the “Board of Directors of the Los Vaqueros Reservoir Joint Powers Authority.” All voting power shall reside in the Board and be exercised as specified in Section 3.3, below. By establishing the Authority and creating the Board, the Members do not intend to create any incompatibility between the service of a Member’s governing body member on the Member’s governing body, and his or her service as a Director of the Authority, and this Agreement shall be interpreted, if and where necessary, so that no such incompatible office exists.

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2.2 Directors.

2.2.1 Directors Appointed; Term. Within thirty (30) days of the Effective Date of this Agreement, each Member shall designate and appoint, by a formal action of its governing body, either one (1) member of its governing body (provided that any Member which itself consists of one or more member agencies may appoint any member of one of its member agencies’ governing bodies), or a management-level employee of the Member, or of any member agency of a Member, to act as its representative on the Board; and one (1) other governing body member or Member employee, either by name or position title, to act as an alternate to that Director so appointed. If a Director’s or alternate’s membership on the appointing Member’s governing body ceases or that person ceases to be on the governing body of a Member’s member agency, if applicable, or if the Director or alternate is an employee of the Member, or of a Member’s member agency, and the Director’s or alternate’s employment by the Member ceases, his or her membership on the Board or position as an alternate, as applicable, shall also immediately cease. The alternate appointed by each Member shall have the authority to attend and participate in any meeting of the Board, but shall only be allowed to vote at any meeting of the Board when the regular Director is absent. At any meeting of the Board when the regular Director is absent, the alternate shall have the full authority of the Member to vote on any issue before the Board. Each Director shall hold office until his or her successor is selected by the appointing Member, except where immediate cessation of Board membership is expressly provided for by this section. Directors shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Member's governing board. If a Director ceases to serve on the Board, the Member that appointed that Director shall select that Director’s replacement, and may allow the alternate then serving to fill that Director’s position on a temporary or permanent basis, in that Member’s discretion; provided that any alternate who is a non-managerial employee of a Member may only serve in the Director’s position on a temporary basis, until that Member permanently fills that Director position in accordance with the requirements set forth above.

2.2.2 Board Compensation. The Board shall serve without compensation from the Authority. Compensation may be provided as approved by the Member that appoints its representative Director and alternate, and any such compensation will be the responsibility of that Member.

2.3 Powers and Responsibilities of the Board. All of the power and authority vested in the Authority shall be exercised by the Board, which may delegate such power in its discretion. Notwithstanding the above, the Board shall not delegate its legislative powers. In exercising these powers, the Board shall undertake the following roles and responsibilities:

2.3.1 Fulfill the Authority’s purposes; 2.3.2 Engage key Authority executives, including the Executive Director, as desired

by the Board, and the Authority attorney; 2.3.3 Approve the engagement of a Program Manager, Water Supply Manager, and

other consultants and advisors, including those related to issuance of any Bonds; 2.3.4 Approve annual or two-year budgets; 2.3.5 Approve agreements through which Project will be implemented; 2.3.6 Fund the Authority and Project through issuance of Bonds (subject to the

provisions of subdivision (u) of Section 1.6.2, above) and collections from Members; and

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2.3.7 Establish committees for activities such as design, construction, and operations.

2.4 Provision for Bylaws. The Board may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its day-to-day operations. Each Member shall receive a copy of any bylaws developed and adopted under this section.

ARTICLE 3 MEETINGS OF THE BOARD

3.1 Meetings. The Board shall meet at least monthly, and more frequently as the Board deems necessary to conduct the Authority’s business. The Board shall provide for the date, hour, and place of its regular meetings by Resolution of the Board filed with the governing body of each Member. The Board may suspend the holding of regular meetings so long as there is no need for Authority business. The Board shall hold its first meeting within sixty (60) days after the Effective Date. The Board may meet by teleconference or by video conferencing, and in joint session with other public agencies and advisory bodies in accordance with California law.

3.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with Section 54950 of the Government Code.

3.3 Voting.

3.3.1 Simple Majority Votes. Subject to the veto rights provided in Section 3.3.4, below, and the provisions of Section 3.4, below, each Director representing his or her appointing Member shall have one vote. Except as otherwise provided by law or as set forth in Sections 3.3.2 and 3.3.3, below, all actions of the Board, including, but not limited to, approval of Authority budgets under Article 7, below, and approval of the issuance or refunding of Bonds shall be approved on the affirmative vote of a majority of the total number of Directors of the Authority pursuant to Section 2.1. In the event of a tie vote among the Directors, the matter will not be considered to have passed.

3.3.1.1 The approval of the admission of a new Member will be by

simple majority vote, subject to Sections 3.3.1.1.1, 3.3.1.1.2 and 3.3.1.1.3, below.

3.3.1.1.1 If the admission of a new Member may have an adverse and material effect, as described in Section 3.3.1.1.3, on a current Member, the Director appointed by the affected Member may request that the Members meet and confer, and then the Members shall meet and confer in good faith to attempt to address the claimed adverse and material effect. The Director appointed by the affected Member who declared that the admission of a new Member will have an adverse and material effect shall, as soon as practicable thereafter, provide relevant information to substantiate the adverse and material effect on the Member. In addition, the affected Member’s governing body shall adopt a resolution setting forth specific findings of all adverse and material effects which are expected to result from the proposed admission of the new Member. The Board, in the Authority’s Bylaws, shall adopt specific procedures for when and how that meet and confer process and subsequent decisions regarding the claimed adverse and material effect will be determined, including, but not limited to, process and decision timing, allocation of the burden to confirm any such adverse and material effect and the standard to be applied to any determination the Board will make regarding the claimed adverse and material effect. If the Board confirms an adverse and material effect cannot be eliminated or resolved through mutually agreeable revisions to the affected Member’s Service Agreement, then the proposed new Member will not be admitted to the Authority.

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3.3.1.1.2 The Members to this Agreement recognize that the

Authority was created, in part, to provide benefits to regional water supply agencies located within the Project Service Area, including to address water supply and emergency water needs in urban, exurban, agricultural and refuge service areas, and that certain state funding arrangements are based on the regional benefits of the Project to the Project Service Area. The Members also acknowledge that the current Members represent a diverse coalition of parties, which together are able to deliver regional impacts and benefits from the Project. Therefore, if a Member withdraws from the Authority pursuant this Agreement, and the withdrawal results in the loss of benefit to a particular service area, then any regional wholesale customer, supplier, or member agency of a current or former Member in the service area impacted by the withdrawing Member will have a priority to seek to join the Authority as a new Member over other agencies that are not directly connected to a current or former Member in the impacted service area and, if approved by a majority of the Members, will have a right of first refusal to join the Authority. Notwithstanding the foregoing, if a San Luis & Delta-Mendota Water Authority (“SLDMWA”) member listed in Exhibit A seeks to join the Authority, the terms by which that SLDMWA member will become a member of the Authority shall be governed by Section 8.6.

3.3.1.1.3 For purposes of this subdivision, an “adverse and

material effect” means one or more of the following: (a) a decision that would unreasonably increase the affected Member’s operational costs as compared to that Member’s existing operational costs; (b) a decision that would decrease capacity of a Project facility used by the affected Member; (c) a decision that would materially restrict the affected Member in its ability to provide an adequate water supply within its service area, including, but not limited to, causing the affected Member to violate any operational permit or water rights permit or license; and/or (d) a decision that would result in a material adverse impact on the quality of water conveyed from the Project.

3.3.2 Items Requiring at Least Three-Quarters Votes for Approval. Notwithstanding

Section 3.3.1, above, the following actions of the Board must be approved by at least three-quarters (seventy-five percent (75%)) of the total number of Directors, but subject to Section 3.4, below:

3.3.2.1 Approval of an amendment to the Agreement other than to

Exhibits A or B; provided that amendments described in Section 3.3.3.6 must have unanimous Board approval; and provided further that if the proposed amendment relates to Section 7.12, then any such amendment’s approval must include a vote of approval by the SFPUC;

3.3.2.2 Termination of a Member’s membership pursuant to Section

9.2; and

3.3.2.3 Termination of the Agreement. 3.3.3 Items Requiring Unanimous Approval. Notwithstanding Sections 3.3.1 and

3.3.2, above, the following actions of the Board must be unanimously approved by the Board:

3.3.3.1 Commencement of litigation by the Authority relating to the funding or operation of the Project; or against any Member to interpret or enforce this Agreement or otherwise relating to the Member’s obligations concerning the Project; provided that the Member against whom that litigation is contemplated shall not be included in that unanimous vote requirement;

3.3.3.2 Approval of any additional funding contributions under

Section 7.7.2, below;

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3.3.3.3 Any disproportionate disbursement to a Member or Members made upon termination of this Agreement, as described in Section 8.5, below;

3.3.3.4 Any decision by the Board to approve the creation of positions

of employment for the Authority; 3.3.3.5 Approval of any contract with Cal-PERS or any other public

retirement system;

3.3.3.6 Approval of an amendment to the Agreement which would change the requirement for unanimous approval of an action listed in Section 3.3.3, or which relates to the veto right provided by Section 3.3.4; and

3.3.3.7 Approval of the incurrence of debt in connection with a

Related Activity pursuant to Section 6.1.

3.3.4. Veto Rights of CCWD and EBMUD.

3.3.4.1 Notwithstanding any other provision of this Agreement, for any proposed decision by the Board that either CCWD or EBMUD determines would have an adverse and material effect, as described in Section 3.3.4.4, upon a CCWD-Provided Facility or an EBMUD-Provided Facility, respectively, or upon one or more New Facilities or Modified Facilities owned and operated by CCWD or EBMUD, CCWD or EBMUD, as applicable in connection with the facility(ies) to be affected, acting through the Director it appointed, shall have the right to veto that decision in accordance with the provisions of this Section 3.3.4.

3.3.4.2 The Director appointed by the affected Member (i.e., either

CCWD or EBMUD) shall exercise the veto by declaring an intention to veto a proposed decision during a Board meeting at the time the matter is discussed or considered for action. If such intent is declared, the Board may (i) proceed immediately with a vote on the matter, or (ii) by majority vote, delay the vote on that matter to a future meeting to allow the development of an alternative or modified recommended action.

3.3.4.3 If the Board elects to hold an immediate vote on the matter,

the Director appointed by the affected Member may veto the proposed action, which veto shall be final and conclusive. In the event of such a veto, the Authority shall not proceed with the action specified in that proposed decision. If the Board elects to delay the vote on the matter to a future meeting, the Members shall meet and confer in good faith to attempt to develop a revised action which addresses the adverse and material effect. The Director appointed by the affected Member which declared its intent to exercise the veto shall, as soon as practicable after declaring its intent to veto, provide relevant information to substantiate the adverse and material effect on the affected Member which is expected to result from the Authority’s proposed action. In addition, that Member’s governing body shall adopt a resolution setting forth specific findings of all adverse and material effects which are expected to result from the Authority’s proposed action. The meet and confer session shall occur at the next Board meeting, or as soon thereafter as Authority staff, the Administrator, the Executive Director (if one has been appointed), or the Members can obtain any further information, in addition to the information provided by the Director appointed by the affected Member which declared its intent to veto, or clarifying direction as needed to propose an alternative or modified recommended action. Any revised action proposed to the Board shall be subject to the veto rights described in this section. No proposed action shall be delayed pursuant to this section more than once, except with the consent of the Director affected by the affected Member which declared its intent to veto the action.

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3.3.4.4 For purposes of this subdivision, an “adverse and material effect” includes the following: (a) a decision that would unreasonably increase the affected Member’s operational costs as compared to that Member’s existing operational costs; (b) a decision that would decrease capacity of the subject facility; (c) a decision that would materially restrict the affected Member in its operation of the subject facility or in its ability to provide an adequate water supply within its service area, including, but not limited to, causing the affected Member to violate any operational permit or water rights permit or license; and/or (d) a decision that would result in a material adverse impact on the quality of water conveyed from the Project.

3.4 Effect of Recusal. If any Director recuses himself or herself from voting on any matter

before the Board where the Director, in the Director’s sole discretion, determines it is inappropriate for that Director to participate in the vote on that matter, then that Director shall not be counted as a voting Director, such that the total number of voting Directors is reduced by one in calculating the required quorum and in calculating the total number of votes that may be cast and utilized in determining any applicable threshold for the Board’s approval of that matter.

3.5 Special Voting Rules Applicable to Grassland Water District. Due to the fact that

Grassland Water District will not be making monetary contributions to the Authority, Grassland Water District shall only be entitled to vote on non-financial matters and those financial matters that concern the administration of public benefits or the delivery of ecosystem benefits to south-of-Delta refuges. In any situation where Grassland Water District is not permitted to vote, for purposes of the determination of the vote needed for approval, Grassland Water District shall not be counted as a voting Member, including for purposes of determining whether a quorum is present pursuant to Section 3.6, such that the total number of voting Members is reduced by one in calculating total number of votes that may be cast and utilized in determining any applicable threshold for the Board’s approval of any such action.

3.6 Quorum. A majority of the Directors shall constitute a quorum for the transaction of

business, but subject to the voting approval requirements specified in Section 3.3.

3.7 Board Action. The Board may act by resolution, ordinance, or motion. Unless otherwise provided in the bylaws or by law, ordinances shall not be required to be introduced and adopted at separate meetings of the Board.

3.8 Closed Session. Closed sessions of the Board shall be confidential. However,

confidential information from closed sessions may be disclosed to each Member’s governing body as permitted and limited by Government Code Section 54956.96. The Board may include provisions in the Authority’s Bylaws to implement this section. In addition, when any closed session is held pertaining to any matter in which a Member holds a position adverse to the Authority (including, but not limited to pending or potential litigation or ongoing real estate negotiations), the Director appointed by that adverse Member shall be recused from any such closed session. Prior to the Authority conducting any closed session involving liability clams or potential litigation where a Member may have a position adverse to the Authority, the Authority and Member shall comply with any meet and confer requirements set forth in this Agreement; provided, however, that the Authority may waive, by majority vote of the Board, any such meet and confer requirement in the event a statute of limitation would otherwise expire.

3.9 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned

regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each Member.

3.10 Rules and Regulations. The Board may adopt from time to time such rules and

regulations for the conduct of its and the Authority’s affairs as may be required.

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ARTICLE 4 OFFICERS AND EMPLOYEES OF THE AUTHORITY

4.1 Chair. At the Board’s first meeting, and then in its first meeting of each calendar year or as soon thereafter as practicable, it shall elect one of the Directors as Chair of the Board. The term of office for the Chair shall be one year, or until his or her successor is elected. A Chair may not serve more than four (4) consecutive terms as Chair, and the foregoing term limit shall also apply to the Member on whose behalf the Chair is serving, such that no Member shall be allowed to have any Director or combination of Directors serve on its behalf as Chair for more than four (4) consecutive terms. The Chair of the Board shall preside at all meetings and shall perform such other duties as are specified by the Board through order, resolution or motion. Subject to the foregoing, the position of Chair shall be elected on the basis of the individual Director and not on the basis of the underlying Member with which the Chair is affiliated.

4.2 Vice‐Chair. At the Board’s first meeting, and then in its first meeting of each year or as soon thereafter as practicable, it shall elect one of the Directors as Vice-Chair of the Board. The term of office for the Vice-Chair shall be one year. The Vice-Chair shall perform all the duties of the Chair in the absence of the Chair, or in the event the Chair of the Board is unable to perform such duties, and shall perform such other duties as are specified by the Board.

4.3 Secretary. The Board may appoint the Authority’s Secretary or may delegate the appointment of the Authority’s Secretary to the Administrator; provided that if the Administrator position has been removed, then the Board shall appoint the Authority’s Secretary. If the Board does not elect to appoint an individual of its own choosing as the Secretary, the Secretary shall serve at the pleasure of the Administrator and may be removed at any time, with or without cause, in the sole discretion of the Administrator or, if the Administrator is an entity, the Administrator’s governing board or a management-level employee of the Administrator. The Secretary shall be responsible for the minutes and other records of the proceedings of the Board and shall perform such other duties as specified by the Administrator pursuant to the Administrative Agreement, as applicable. If the Board elects to appoint another individual of its own choosing, the Secretary shall perform such other duties as the Board specifies.

4.4 Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.6, the Board may appoint the Authority’s Treasurer and Auditor/Controller (in which case the Treasurer and/or Auditor/Controller shall serve at the Board’s discretion) or may delegate the appointment of the Authority’s Treasurer and Auditor/Controller to the Administrator; provided that if the Administrator position has been removed, then the Board shall appoint the Authority’s Treasurer and Auditor/Controller. If the Administrator is an entity, it may appoint its senior financial officer (such as its chief financial officer, director of finance, or finance manager, as designated by the Administrator) as the Treasurer and Auditor/Controller. The Treasurer shall be the depository and have custody of all money of the Authority, from whatever source, and shall have all of the duties and obligations set forth in Sections 6505 and 6505.5 of the Government Code. However, in no event shall any person or entity that is not a public agency or an employee of a public agency be appointed as Treasurer or Auditor/Controller or have authority to have custody of Authority monies, and the Authority will establish a depository account with a financial institution on behalf of and in the name of the Authority for purposes of holding the Authority’s money. The Treasurer shall also manage the Authority’s billing and cash management, financial reporting and debt; engage the independent auditor to review the Authority’s financial statements; and report to the Authority’s Executive Director or to the Administrator if no Executive Director has been appointed. Subject to the limitations set forth in this Section 4.4, the offices of Treasurer and Auditor/Controller may be held by separate individuals, or combined and held by one individual as the Board may elect. If the Board does not elect to appoint another individual of its own choosing as the Treasurer and Auditor/Controller, the Treasurer and Auditor/Controller shall serve at the pleasure of the

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Administrator and may be removed at any time, with or without cause, in the sole discretion of the Administrator or, if the Administrator is an entity, the Administrator’s governing board or a management-level employee of the Administrator.

4.5 Administrator.

4.5.1 Generally. The Board shall select the Administrator, which shall provide management and administrative services for the Authority, as more specifically described in Section 4.5.2, below. CCWD shall serve as the initial Administrator, and its rights and responsibilities in that role shall be set forth in the Administrative Agreement, or other agreement between CCWD and the Authority. The Board may, in its discretion, upon the termination or assignment of the Administrative Agreement, appoint a subsequent Administrator to replace CCWD, may transfer some or all of the Administrator’s duties to the Executive Director appointed under Section 4.6, below, or may combine the Administrator’s position with the Executive Director; subject, however, to ensuring that any contractual obligations CCWD has undertaken with respect to the administration of the Project, including under the Early Funding Agreement, are met. Until such time as an Executive Director is appointed, the Administrator shall oversee and manage any consultants and (if any) employees of the Authority, and the Administrator shall report to the Board. After an Executive Director is appointed, the Administrator shall report to the Executive Director and be subject to the Executive Director’s supervision, subject to compliance with any existing contractual obligations of the Administrator.

4.5.2 Administrator Services. Subject to the Board’s revision of duties of the Administrator, which may be transferred to the Executive Director in the Board’s discretion, the Administrator shall perform all services reasonably necessary for the management and administration of the Authority including, but not limited to:

(a) coordinating the planning, design, permitting (including compliance monitoring), operations modeling and analysis, and procurement activities necessary to construct and operate the Project, including through funds provided by the Early Funding Agreement, which CCWD shall continue to manage as the initial Administrator, and Interim Funding Agreement;

(b) coordinating and preparing for Board meetings;

(c) identifying and selecting key staff that will provide services to the Board and the Authority, including staff who may potentially serve as Secretary and Treasurer and Auditor/Controller, as the Board or Administrator may determine;

(d) being responsible for the appointment, employment, management, and/or termination of any personnel (other than the Executive Director and Authority attorney), contractors, or consultants providing services to the Authority including, but not limited to, contractors and consultants necessary for the planning, design, permitting and procurement of the Project;

(e) performing administrative tasks related to the Board’s selection and appointment of the Executive Director and Authority attorney;

(f) implementing the policies, decisions, and directions of the Board, as provided to the Administrator;

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(g) conducting communications and outreach support and website hosting;

(h) coordinating and conferring with the Members’ technical staffs relative to Project-related functions; and

(i) such other duties as are determined by and assigned by the Board.

4.5.3 Compensation. The Administrator shall be compensated for the services it renders to the Authority as specified in the Administrative Agreement, or in any other contractual arrangement between the Administrator and the Authority.

4.5.4 Administrator Staff. If the Administrator is an entity, the Administrator shall

identify key staff that shall provide services required of the Administrator, including one employee who shall serve as the main point of contact for the Authority. Such key staff identified by the Administrator shall be qualified to perform services required of the Administrator. Unless otherwise agreed in writing by the Authority, such key staff shall at all times remain under the exclusive direction and control of the Administrator and the Authority shall not have any right to discharge or discipline any member of the Administrator’s staff. Subject to payment by the Authority as provided in the Administrative Agreement or other agreement, the Administrator shall be responsible for all compensation, supervision, and administrative costs relating to its staff. If the Administrator is an individual, the Administrator shall coordinate the retention of any outside staff with the Board and obtain approval of such staff positions from the Board before hiring or retaining any such staff.

4.5.5 Independent Contractor; Authority Employees. Until such time, if any, as the

Administrator is hired as an Authority employee, as provided under this Agreement and to the extent allowed by law, the Administrator shall be retained as an independent contractor and not an employee of Authority. No employee or agent of the Administrator shall become an employee of the Authority, except as may be agreed in writing. Any Administrator employees or agents assigned to provide services under this Agreement shall remain under the exclusive control of the Administrator, subject to Section 4.6 if an Administrator’s employee serves as Executive Director. The Authority may only create positions of employment with unanimous approval by the Board.

4.6 Executive Director. The Board may appoint an Executive Director to work with the Administrator in connection with the duties specified under Section 4.5.2, above. Upon the appointment of an Executive Director, the Board may transfer any of the Administrator’s duties to the Executive Director, as may be feasible based on applicable contractual limitations set forth in the Early Funding Agreement. As determined by the Board, the Executive Director may be an independent contractor; an employee of the Administrator, of a Member or of a non-Member firm or entity; or, upon unanimous approval of the Board, an employee of the Authority. It is contemplated that the Executive Director would report directly to the Board and would manage Authority activities, oversee and manage the Authority’s consultants and (if any) employees, ensure that the Board receives appropriate and timely information, supervise the Administrator, including coordinating Project activities with the Administrator, and ensure that the Authority provides services and fulfills its obligations to the Members in accordance with the respective Service Agreements and in accordance with all other Project-related agreements.

4.7 Authority Attorney.

4.7.1 Appointment. The attorney for the Authority shall be appointed by the Board, provided that an individual, office, or firm providing general counsel services to one of the Members shall not serve as the Authority attorney. Such individuals, offices, or firms may, however, provide special counsel services to the Authority. Notwithstanding the above, the general counsel to one of

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the Members may provide interim general counsel services until the Board appoints an Authority attorney.

4.7.2 Duties. The attorney for the Authority or a designated deputy shall attend all meetings of the Board; provided, however, that the absence of the Authority attorney shall not affect the validity of any meeting. The attorney shall take charge of all suits and other legal matters to which the Authority is a party or in which it is legally interested. The attorney shall provide legal counsel to the Authority and its Board, ensure the legal sufficiency of all contracts, ordinances, resolutions, and other legal instruments of the Authority, and perform such other duties as the Board specifies, including, but not limited to, obtaining specialized legal services.

4.8 Program Manager. The Board may engage one or more persons or entities to provide program management services as a Program Manager, who shall report to the Executive Director or Administrator if no Executive Director has been appointed. The Program Manager shall coordinate with the Administrator and/or Executive Director regarding various design and construction activities for the Project, including coordination with CCWD and EBMUD in accordance with the Design and Construction Agreement and O & M Agreements with respect to decisions likely to have a cost impact on the Authority and the Members. Such coordination shall include, but not be limited to, budget tracking, scheduling and quality control/quality assurance, with the understanding that CCWD and EBMUD have primary responsibility for the design and construction of their respective facilities, as will be specified in the Design & Construction Agreements. The Program Manager, in consultation with the Executive Director and subject to Board approval in accordance with Authority policies, may contract for additional services that may be required.

4.9 Water Supply Manager. The Board may engage one or more persons or entities to provide the services as a Water Supply Manager, who shall report to the Executive Director or Administrator if no Executive Director has been appointed. The Water Supply Manager shall oversee the operations of the Project in coordination with CCWD as to CCWD-Provided Facilities and any Modified Facilities or New Facilities that CCWD operates, and with EBMUD as to EBMUD-Provided Facilities and any Modified Facilities or New Facilities that EBMUD operates. The Water Supply Manager shall coordinate with all Members who are South Bay Aqueduct Contractors, as well as the SFPUC, regarding operations that will foreseeably impact South Bay Aqueduct facilities. The Water Supply Manager’s duties shall include scheduling necessary diversions and deliveries of stored water in response to Members’ requests on behalf of the Members, coordinating Members’ storage and conveyance needs with CCWD’s system operator, tracking the delivery of Services to the Members, and ensuring compliance with all Project agreements, reporting requirements and coordinated operations agreements with the United States Department of Interior, Bureau of Reclamation and the California Department of Water Resources. The Water Supply Manager shall perform his or her duties in accordance with the terms of the Service Agreements and the Facilities Usage Agreements, as well as with operating protocols to be adopted by the Board. The operating protocols shall not unreasonably restrict: (1) CCWD’s or EBMUD’s ability to manage their respective facilities; or (2) the exercise of the Authority’s Capacity Usage Rights expressed in any Facilities Usage Agreement, and as allocated to the Members in the respective Service Agreements. Any Water Supply Manager decision shall be subject to an appeal process to be established by the Board.

4.10 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Board.

4.11 Additional Officers and Employees. The Board shall have the power to appoint additional officers as it deems necessary, and to make modifications to the Authority’s organization chart. The Executive Director, upon consultation with the Board and with the Board’s required approval, as applicable relative to the hiring of any Authority employees, shall have the power to hire

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and terminate employees, assistants, contractors, consultants, and others, as the Executive Director deems appropriate, but subject to the terms of any applicable agreement and to the Authority’s bylaws or policies.

ARTICLE 5 COMMITTEES

5.1 Committees. The Board, by a majority vote, may form committees for any purpose. Any such Board action to create a committee shall include the purpose of the committee and details concerning the appointment of the chair and members of such committee.

ARTICLE 6 PROJECT OPERATIONS

6.1 Related Activity. Upon approval by a majority of the Board, one or more of the Members may establish a Related Activity that such Member or Members will undertake through the Authority for matters not deemed to be of general benefit to all Members, provided that no Member shall be involved in any such Related Activity without the approval of its governing body. A specific written Related Activity Agreement between the Member or Members who consented to participate in the specific Related Activity and the Authority shall be established for each Related Activity to set forth the respective obligations, functions, and rights of the participating Members and of the Authority. A budget for each Related Activity shall be established in accordance with Section 7.3, below. The Directors representing the Member or Members who will be involved in financing and implementing the specific Related Activity, or their respective designees, shall constitute a "Related Activity Committee," for purposes of administration and implementation of the specific Related Activity. Notwithstanding the foregoing, no debt shall be incurred by the Authority for a specific Related Activity without the unanimous consent of the Board, and of the Related Activity Committee. Any contributions approved by the Related Activity Committee and approved by the participating Member or Members shall be paid by the participating Member or Members. Such contributions by a Related Activity’s Members shall be held and accounted for separately from other Authority monies and any Related Activity expenses or liabilities shall be paid from such monies held on account of that Related Activity. To the extent allowed by law, the Member or Members participating in any Related Activity shall indemnify and hold harmless the Authority and the Members not participating in the Related Activity from any and all claims, demands, damages, liabilities, fines, expenses and related costs and fees, including attorneys’ and experts’ fees, arising from or related to the particular Related Activity, except to the extent of the Authority’s or non-participating Member’s negligent or intentional acts or omissions. A Related Activity shall not have a material adverse effect impact, as defined in Section 3.3.4.4, above, on any Member that is not participating in the Related Activity. The unanimous consent of the Board to incur debt for a Related Activity as required pursuant to this Section 6.1 shall be conclusive evidence that such Related Activity has been determined not to have a material adverse effect on any Member that is not participating in such Related Activity.

6.2 CCWD Facilities. In accordance with the voting provisions set forth in Section 3.3.4, above, CCWD will retain a veto right with respect to any decision by the Board that would have an adverse and material effect on either or both of the following: (i) a New Facility or Modified Facility for which CCWD is designated as the builder and operator on Exhibit B hereto, and/or (ii) a CCWD-Provided Facility. CCWD may authorize the Authority to take actions and/or make decisions with respect to those facilities in accordance with the applicable Facilities Usage Agreement, Design & Construction Agreements and O & M Agreements.

6.3 EBMUD Facilities. In accordance with the voting provisions set forth in Section 3.3.4, above, EBMUD will retain a veto right with respect to any decision by the Board that would have an adverse and material effect on either or both of the following: (i) a New Facility or Modified Facility

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for which EBMUD is designated as the builder and operator on Exhibit B hereto, and/or (ii) an EBMUD-Provided Facility. EBMUD may authorize the Authority to take actions and/or make decisions with respect to those facilities in accordance with the applicable Facilities Usage Agreement, Design & Construction Agreements and O & M Agreements.

ARTICLE 7 FINANCES

7.1 Fiscal Year. The Fiscal Year of the Authority shall be as defined in Section 1.1 of this Agreement.

7.2 Budget. The Board shall adopt a budget (the “Budget”) prior to the start of each Fiscal Year. The Budget may be adopted on a single Fiscal Year or bi-annual basis, in the Board’s discretion. The Budget shall include components to fund the Authority’s administrative and operational costs, debt service on any Bonds and any capital improvements; provided the Authority shall provide the Members with the draft capital component of the Budget at least six (6) months prior to the start of the Fiscal Year(s) to which the proposed Budget relates. The Board may update and revise the Budget as necessary throughout the period to which the Budget applies. The Budget shall equitably allocate expenses under the Budget to a Member in proportion to that Member’s proportionate use of Project facilities, operational priorities and other benefits, as determined in accordance with the Member’s Service Agreement, or if a Member’s Service Agreement is not in place, the Interim Funding Agreement or any other funding agreement specified by the Board in accordance with Section 7.7, below. The Budget shall take into account any non-monetary contributions being received from Grassland Water District. The Authority shall coordinate with CCWD regarding the establishment of the capital components of the Budget to ensure that costs are properly allocated as between the Authority and CCWD. The contributions approved by the Board shall be paid by the Member Agencies pursuant to Section 7.5, below. Any Member which has opted under Section 7.6, below, to self-fund its share of a specific portion of Project capital costs through a lump sum contribution, rather than financing that contribution through participating in the Authority’s Bonds, shall not be required to make further payments under the capital component of the Budget until that lump sum contribution is exhausted and further contribution from that Member is necessary to meet that Member’s share of Authority capital costs that would be payable under the Budget. Any funds contributed by a Member that are not used in a Fiscal Year shall roll over to the subsequent Fiscal Year’s Budget.

7.3 Specific Related Activity Budgets. In addition to the foregoing Budget, Authority staff, in consultation with the applicable Related Activity Committee, shall develop a budget for any Related Activity established in accordance with Section 6.1, above. The Related Activity Committee shall recommend such Related Activity budget for approval by the Board, which may then approve that Related Activity budget by majority vote in accordance with Section 3.3.1. Any contributions approved by the Related Activity Committee and approved by the participating Members shall be paid by the participating Member Agencies pursuant to Section 7.5, below.

Each Related Activity budget shall include, without limitation, the following:

(a) Administrative expenses;

(b) Studies and planning costs;

(c) Engineering and construction costs;

(d) The allocation of costs, including debt service costs, if any, among participating Members;

(e) Annual maintenance and operating expenses for the Related Activity,

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including any reserve requirements necessitated by the Related Activity; and

(f) A formula for allocating annual maintenance and operating expenses, if any.

7.4 Failure to Obtain Budget Approvals. In the event the Board does not approve the Budget or any Related Activity budget prior to the start of a Fiscal Year, the Authority shall continue to operate at the level of expenditure as authorized below:

7.4.1. Operating Expenses. The operational cost components of the Budget shall be

set at the expenditure level authorized by the last approved Budget, and the allocation of such Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget. Any shortfall in revenues for such operational cost components will be made up from available reserves dedicated by the Board for such a purpose, and if those available reserves are insufficient to cover the shortfall, any other available reserve funds not designated by the Board for other purposes or otherwise not legally restricted may be used to meet that shortfall. Such reserves shall be drawn from among the Members in proportion to the allocation of Costs of Service in the last approved Budget. In the event that a shortfall in available funds exceeds available unrestricted reserves of the Authority, such resulting unfunded shortfall shall be carried forward into the subsequent Fiscal Year. Members shall have no obligation to cure such unfunded shortfall other than as may be provided in the applicable Service Agreement or, if applicable, Related Activity Agreement. As used herein, “reserves” shall mean any available unrestricted cash or investments.

7.4.2. Debt Service. The debt service component of the Budget shall automatically be established at the required level necessary to meet the Authority’s annual debt service requirements, including any revenue coverage covenants and the allocation of any applicable Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget.

7.4.3. Capital Costs. The capital component of the Budget shall automatically be established at the required level necessary to implement capital projects previously approved by the Authority and the allocation of any applicable Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget.

7.5 Payments of Amounts Due; True-Up of Costs. The payments owed for contributions from each Member to the Authority shall conform to amounts payable, or any non-monetary contributions to be provided to the Authority, under each Member’s Service Agreement and in accordance with the Budget approved by the Board pursuant to Section 7.2, above, and any Related Activity Budget under Section 7.3, above. Amounts to be paid to the Authority may be divided into a fixed, annual component and a variable component payable on a monthly or other periodic basis as authorized by the Board.

7.6 Member Self-Funding of Project Capital Costs. Notwithstanding any other provision of this Agreement, a Member may elect to self-fund its share of capital costs for specific Project components to be constructed, with the proportion and timing of that self-funding determined under the Member’s Service Agreement, in lieu of participating in the issuance of Bonds for that Project component. Any such self-funded payments, including remaining unexpended funds deposited in a previous Fiscal Year, shall be used to offset that Member’s share of Project capital costs applicable to that specific Project component that are included in the applicable component of the Budget, until such time as the self-funded amount has been exhausted. In the event the Authority, in its discretion, determines an additional funding contribution from a Member who has self-funded is needed, then the Authority may provide written notice to that Member of the need to deposit additional monies

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with the Authority, in such amounts as the Authority, acting through its Administrator or Executive Director, shall determine in its reasonable discretion. The Member shall deposit that amount within six (6) months of receipt of notice from the Authority. The Authority shall refund or credit to a Member who has self-funded any remaining unexpended funds contributed by that Member within sixty (60) days of the completion of the specific component of the Project for which that Member has made self-funded payments, unless the Board finds and determines that the return or credit of such unexpended funds would adversely impact the Authority’s financial condition.

7.7 Funds, Accounts and Reports. There shall be strict accountability of all funds and reporting of all receipts and disbursements, including through operation and maintenance and capital reserve accounts.

7.7.1 Sources of Funds. The sources of funds available to the Authority may include, but are not limited to, the following:

(a) Grants, donations, and loans received by the Authority from local, state, or federal agencies, including any amounts received under the Early Funding Agreement. Such funds can be used for any Project facility.

(b) Funds collected from Members under the Service Agreements and any Related Activity Agreements.

(c) Funds collected from Members, including, but not limited to, funds paid pursuant to the Interim Funding Agreement.

(d) Funds received from state and federal disaster relief agencies.

(e) Funds obtained by issuing Bonds.

(f) “In kind” contributions from Members, include refuge resources provided by Grassland Water District; provided that the Board shall establish a procedure to ensure that any “in kind” contributions comply with any applicable contractual or regulatory requirements and are fair and reasonable in relation to the benefits provided to the contributing Member, and further the Authority’s interests.

(g) Funds from any other source derived.

7.7.2 Interim Funding Plans. The Members intend for the Authority to fund initial Authority costs through the Interim Funding Agreement, and other agreements and revenue sources available to the Authority for such purposes. Notwithstanding the foregoing, in the event the Board unanimously determines that certain costs cannot be funded through such revenue sources and additional monies are required to be contributed by the Members, each Member agrees that it will contribute to a fund or budget approved by the Board in such proportion as the Board shall reasonably determine, as set forth in this article, taking into consideration any non-monetary contributions being received from Grassland Water District. Notwithstanding the foregoing, any financial obligation of the City and County of San Francisco, acting through the San Francisco Public Utilities Commission as a Member of the Authority, payable pursuant to this section is subject to Section 7.12.

7.7.3 Long-Term Funding Plans. The Members intend that all Authority activities will ultimately be funded through various Service Agreements, and Related Activity Agreements, if

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any, under which the Members will pay or otherwise contribute for services provided by the Authority. The Members intend that the aforementioned agreements will, when taken together, be sufficient to fund all activities of the Authority, including, but not limited to, all administrative, capital and/or debt service expense, and operation and maintenance costs of the Authority, the Project and Related Activities.

7.7.4 Accounts. Revenues or funds received or made available to the Authority from any source whatsoever, shall be deposited into accounts that may be established by the Authority, and may be expended by the Authority in any legal manner, subject to such reservations as may be imposed by the Authority from time to time.

7.7.5 Reports. The Treasurer shall, within one hundred and eighty (180) days after the close of each Fiscal Year, give a complete written report of all financial activities for such Fiscal Year to the Board and to each Member. The Authority’s books and records shall be open to inspection at all reasonable times by representatives of each Member. The Treasurer shall prepare and provide such additional reports, including audited financial statements and ongoing disclosure reports, as are required by separate agreements entered into by the Authority.

7.8 Payments and Advances. No expenditures in excess of those budgeted shall be made unless otherwise approved by the Authority’s Board.

7.9 Audit. In accordance with Sections 6505 through 6505.6 of the Government Code, the Treasurer shall cause an annual audit of the accounts and records of the Authority to be made and reported. The audit shall be conducted by an independent certified public accountant or public accountant. The audit shall conform to generally accepted auditing standards. Such report shall be filed within twelve (12) months of the end of the Fiscal Year under examination.

7.10 Procurement Methods. The Board may adopt such policies relating to procurement of services, equipment, supplies, and other materials needed to accomplish the purposes of this Agreement.

7.11 Reserve Accounts. The Authority and each Member shall establish in that Member’s Service Agreement, or in any Related Activity Agreement, and each Member shall pay into, reserve accounts established for administrative, operational, debt service and capital costs. The respective Service Agreements and, if applicable, Related Activity Agreements, shall specify how the reserve accounts will be replenished in the event such reserves are used. The Authority shall hold those reserves to provide readily available funds in the event a Member is not able to pay its share of the applicable type of costs as provided in that Member’s Service Agreement and herein.

7.12 San Francisco Certification of Funds, Budget and Fiscal Provisions.

7.12.1 The financial obligations of the City and County of San Francisco (the “City,” acting through the SFPUC as a Member of the Authority) under this Agreement, including all related agreements such as a Service Agreement to which it is a party or a Related Activity Agreement to which it is a party, are subject to and contingent upon the budget and fiscal provisions of the City and County of San Francisco’s Charter. Except as provided in Section 7.12.2, below, for each budgetary cycle of the City, charges may accrue to the SFPUC for such budgetary cycle only after the prior written certification of the City’s Controller, and the amount of the SFPUC’s financial obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization, as required under Charter Sections 3.105 and 9.113. The SFPUC’s financial obligations under this Agreement will terminate without penalty, liability or expense of any kind to the SFPUC at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year, subject to the one (1) year suspension process described in this Section 7.12.1. If funds

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are appropriated for a portion of the fiscal year, the SFPUC’s financial obligations under this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated, subject to the one (1) year suspension process described in this Section 7.12.1. The SFPUC has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. This section controls against any and all other provisions of this Agreement, except Section 7.12.2 and Section 8.4.2. In the event the City fails to appropriate adequate funds in any fiscal year to meet the City’s financial obligations under this Agreement, or fails to timely obtain the certification described in Section 7.12.2 relating to funding commitments for the Project or a Related Activity, the Authority may, in the sole discretion of the Authority’s Board of Directors, suspend any benefits the City would receive from this Agreement until such time as all financial obligations owed to the Authority under this Agreement are satisfied, provided that the Authority has first given the City a minimum of sixty (60) days’ advance written notice of such suspension. If the City does not satisfy its financial obligations under this Agreement following receipt of the Authority’s written notice for a period of one (1) year from the effective date of the suspension, the City shall be deemed to have withdrawn from the Authority, including the withdrawal of its representative Director from the Board. The Authority shall not impose interest on the City’s financial obligations under this Agreement during this one (1) year period. If the SFPUC is deemed to have withdrawn from the Authority under this Section 7.12.1, the SFPUC’s financial obligations under this Agreement shall not be governed by the provisions of Section 8.4.1, but Section 8.4.2 shall apply and the SFPUC shall be responsible for its share of the costs incurred by the Authority up until the end of the last fiscal year for which funds were appropriated, or the end of the term for which funds were last appropriated in the event that funds are appropriated for a portion of the fiscal year.

7.12.2 The financial obligations of the City under a Service Agreement to which it is a party or a Related Activity Agreement to which it is a party, may include an SFPUC commitment to (1) participate in Bonds issued to fund the Project’s capital costs, (2) participate in Bonds issued to fund a Related Activity’s capital costs or (3) indebtedness evidencing the SFPUC’s obligation to fund the City’s share of capital costs of the Project or the Related Activity, as applicable, specified in the related Service Agreement or Related Activity Agreement. Notwithstanding Section 7.12.1, above, any SFPUC funding commitment described in (1), (2), or (3) in the previous sentence shall be subject to the requirement in San Francisco Charter Section 9.111 that the City Controller certifies that sufficient unencumbered balances are expected to be available in the proper fund to meet all SFPUC payment obligations as they become due, as well as the terms and conditions contained in any debt instrument, which may include a pledge by the SFPUC of certain SFPUC rate revenues, which certification must be obtained prior to the time the Authority commits to issue Bonds for the Project or Bonds for a Related Activity, as applicable, and shall not be subject to the City Controller certification requirements of Charter Sections 3.105 and 9.113. Upon receipt of the certification by the City Controller pursuant to San Francisco Charter Section 9.111, SFPUC shall be obligated under any Bonds or other indebtedness described in Items (1), (2) or (3) of this section in accordance with terms of such Bonds or other indebtedness.

7.13 No Commitment to Bond Financing. The execution of this Agreement is not a commitment to participate in any Bonds or to incur debt which will occur, if at all, at a later date.

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ARTICLE 8 TERMINATION / AMENDMENT; WITHDRAWAL

8.1 Duration and Termination. Subject to the terms of any agreement between the Authority or CCWD and any state or federal agency, this Agreement shall continue in full force and effect until terminated by action taken by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the Board and ratified by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the governing bodies of the Members. If at any time there are only two (2) Members of the Authority and one (1) of those Members intends to withdraw, the other Member’s written consent to terminate this Agreement shall not be unreasonably conditioned or delayed. Notwithstanding the prior provisions of this Section 8.1, this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority, and the Authority shall have a continuing obligation following termination of this Agreement with respect to the payment of debt service on any Bonds or other outstanding financial commitments of the Authority.

8.2 Amendment. This Agreement may be amended at any time by action taken by at least three-quarters (3/4ths) of the Board and ratified by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the governing bodies of the Members; provided that if the proposed amendment is to change the requirement for unanimous approval of an action required under Section 3.3.3 or relates to the veto right provided by Section 3.3.4, then any such amendment must have unanimous Board approval; and provided further that if the proposed amendment relates to Section 7.12, then any such amendment’s approval must include a vote of approval by the SFPUC; and provided further that Exhibit B to this Agreement may be amended by the Administrator or Executive Director, with majority vote of the Board approving such amendment to Exhibit B, to reflect changes to the Project’s facilities approved by the Board. Exhibit A shall be updated by the Administrator or Executive Director as necessary to reflect any changes in the Members that occurs with the Board approval required herein for new Members or withdrawing Members. Notwithstanding the foregoing, the number and list of SLDMWA members listed on Exhibit A participating through the SLDMWA may be changed or a SLDMWA member that decides to no longer participate through the SLDMWA may be added to the list of Authority members without requiring amendment of the Agreement.

8.3 Withdrawal. A Member may only withdraw from the Authority as follows:

8.3.1 Failure to Execute Interim Funding Agreement. In the event a Member does not execute the Interim Funding Agreement or other agreement provided under Section 7.7.2 to provide interim funding to the Authority within eight (8) weeks after that Member receives the execution version of that agreement, or such later date as the Board shall establish, or does not agree in writing to make the financial contributions described in Section 7.7.2 within twelve (12) weeks of receiving a written demand from the Authority for it do so, that Member shall be deemed to have withdrawn from the Authority and shall have no further rights or obligations under this Agreement, except as provided in Section 8.4.

8.3.2 Failure to Execute Service Agreement. In the event a Member decides not to proceed with the completion of its Service Agreement and provides written notice to the Authority of that decision, or does not execute its Service Agreement within twelve (12) weeks after that Member receives the execution version of that agreement, or such later date as the Board shall establish, that Member shall be deemed to have withdrawn from the Authority and shall have no further rights or obligations under this Agreement, except as provided in Section 8.4.

8.3.3 Engineer’s Estimate is Too Expensive. Subject to Section 8.3.8, in the event that a Member concludes the engineer’s estimate for any work on a specific component of the Project is too expensive, then a Member may initiate a meet and confer process among the Members’

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respective staffs to discuss those cost issues, which meeting shall take place within thirty (30) days after the Member gives notice of its desire for that meeting. If upon conclusion of that meet and confer process the Member that initiated that process is not satisfied with the estimate, then that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.4 Withdrawal of Other Member. Subject to Section 8.3.8, in the event that another Member has withdrawn from the Authority under this Section 8.3 and the result of such withdrawals has made remaining in the Authority either cost prohibitive for a Member or adversely affects the operational feasibility of the Project for that Member, then that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.5 Revocation or Unacceptable Conditioning of State or Federal Funding. In the event the State of California or the federal government withdraws any previously approved funding for a specific component of the Project or conditions such funding in a manner a Member deems unacceptable prior when the Authority executes the Final Funding Agreement, then any Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.6 Unacceptable Permit Conditions. Subject to Section 8.3.8, in the event any entity or jurisdiction whose approval must be obtained to design, construct, or operate a specific component of the Project conditions its approval in a manner a Member deems unacceptable, such Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.7 Water Supply Conditions for Withdrawal. Subject to Section 8.3.8, in the event a Member determines that it cannot timely obtain: (i) long-term water supply for the Project, including any necessary water rights, upon terms it finds reasonable and consistent with its needs and objectives; (ii) any rights or entitlements needed to acquire or convey such a water supply; or (iii) agreements with the California Department of Water Resources, the South Bay Aqueduct (SBA) Contractors or any other entity to allow for the conveyance of water supplies through the SBA or other conveyance facility for use by the Member or any of its wholesale customers, that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.8 Approval once Final Funding Agreement is Executed. Notwithstanding the foregoing subsections in this Section 8.3, after the Authority executes the Final Funding Agreement, a Member may withdraw from the Authority only if (a) approved by at least seventy-five percent (75%) of the total number of Directors, who must find and determine in connection with such approval that there would be no adverse and material effect, as defined in this Section 8.3.8, or (b) if some or all of the other Members have agreed to assume the withdrawing Member’s obligations under such Bonds to finance Project facilities described on Exhibit B, and/or have agreed to assume the withdrawing Member’s outstanding payment of capital costs to which it has committed in its Service Agreement. For purposes of this Section 8.3.8, “adverse and material effect” means any effect that would result in a downgrade or suspension on the rating of the Bonds or cause delays or increased costs with respect to construction of the Project. Where the withdrawal of a Member pursuant to this Section 8.3.8 does not occur with the approval of the Board in accordance with subdivision (a), then notwithstanding the assumption of the withdrawing Member’s obligations with respect to any Bonds or payment of capital costs, as applicable, if the Member or Members assuming those obligations fails or fail to make the assumed portion of any debt service payment or capital costs, as applicable, the withdrawing Member shall be obligated for any such shortfall in payment, for as long as such Bonds remain outstanding or until construction of the Project component has been completed, as applicable. Notwithstanding any withdrawal permitted under subdivision (b) of this Section 8.3.8, a Member, or its successor if applicable, shall remain obligated under this Agreement to make any payments with respect to any specific component of the Project to which that Member

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previously committed, either as self-funded or under any Bonds. Such a withdrawing Member shall have no obligation under this Agreement for any financial commitments for any specific component of the Project in which the withdrawing Member did not commit to participate prior to its withdrawal. The Authority shall not issue Bonds for any specific component of the Project before all construction bids for that component have been received and any meet and confer process undertaken pursuant to Section 8.3.3 has concluded.

8.4 Effect of Withdrawal.

8.4.1 A withdrawal from the Authority constitutes a withdrawal of that Member’s representative Director from the Board and from any committee on which that Director is serving, including in the event a Member’s obligations under any Bonds have been assumed by another Member as stated in Section 8.3.8, above, so that the assuming Member does not obtain a second Director position by reason of its assumption of those obligations. If at any time there are only two (2) Members, any desired withdrawal shall be subject to the termination provisions of this Agreement. Unless otherwise agreed upon by all of the remaining Members, the withdrawal of a Member shall not terminate its responsibility to contribute its share of any obligation incurred by the Authority on or before the date the withdrawing Member gives written notice of intent to withdraw, as determined by the Board based upon that Member’s obligations under the Interim Funding Agreement, its respective Service Agreement (if the Member has executed that agreement), or otherwise under this Agreement, or to perform any other obligation arising from a separate agreement or other legally binding obligation, including amounts determined by the Board for (1) liabilities and claims accrued during the time prior to that Member giving written notice of intent to withdraw, or is deemed to have withdrawn (including any future obligations arising from retirement benefits for past and existing employees of the Authority, if any), or (2) budgeted expenses for the Budget period in which notice of intent to withdraw is given. A withdrawing Member therefore shall remain obligated to pay its portion of debt service on any outstanding obligations for which such Member was obligated to pay prior to withdrawal, or remain obligated to pay any portion of ongoing capital costs for a Project component in which the withdrawing Member was participating prior to such withdrawal.

8.4.2 Except as the withdrawing Member may agree in writing with the Authority, the withdrawing Member shall automatically relinquish all rights as a Member under this Agreement, on the effective date of the withdrawal and shall not accrue any financial obligations under this Agreement or any other Project-related agreement after the date that notice of intent to withdraw is given. The withdrawing Member’s share of Project rights and benefits shall be distributed among the remaining Members in proportion to their allocations of such rights and benefits as of the effective date of the withdrawal, unless the Members otherwise agree to a different distribution; provided, however, that the distribution of the withdrawing Member’s share of Project rights and benefits shall not occur until such time as the Board confirms the proportionate distribution of those rights and benefits or approves the plan for such distribution.

8.4.3 For any Member that has self-funded any financial obligation to the Authority for a specific component of the Project and subsequently withdrawn from the Authority, the Board shall determine an equitable allocation of such monies previously paid to the Authority and return to that withdrawing Member any uncommitted funds, provided that any such refund may be structured to ensure it does not materially adversely impact the Authority’s financial condition. The Board’s determination of that equitable allocation shall take into consideration the amount of Project costs that have been paid through payment of principal under any Bonds issued in the period since the withdrawing Member self-funded its financial obligation.

8.5 Disbursement Upon Termination; Post-Termination Liabilities. Upon termination of this Agreement and after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, the Board may, in its discretion and by a unanimous vote of the then‐current

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Directors, distribute all remaining assets of the Authority based on an apportionment the Board deems equitable. In the event the Board cannot reach a unanimous vote on that distribution, then the Members shall proceed in accordance with Section 11.2 to attempt to resolve any disputed issue in connection with the distribution of assets. Any further liabilities of the Authority that may accrue after termination of this Agreement shall be allocated among the former Members in the same proportion as the Authority’s expenses are allocated under the Budget at the time of the termination; provided that the Board shall take into consideration any non-monetary contributions Grassland Water District may provide with respect to its share of such liabilities.

8.6 SLDMWA Member Participation. In addition to adjustments to the SLDMWA members listed in Exhibit A as authorized under Section 8.2, this section authorizes: (1) SLDMWA to assign to a SLDMWA member listed on Exhibit A all of SLDMWA’s rights and obligations previously held by SLDMWA as a Member of the Authority (referred to herein as a “substitution”), and (2) for a SLDMWA member listed on Exhibit A to terminate its participation through SLDMWA and for that SLDMWA member to become a member of the Authority (referred to herein as a “change”). A substitution or change may necessitate revisions to SLDMWA’s Service Agreement, and any SLDMWA member involved in a change will need to enter into or be assigned rights and obligations under a Service Agreement. Under no circumstance will the rights and obligations of SLDMWA and the SLDMWA members participating separately in the Authority that exist after the substitution or change exceed the rights and obligations of SLDMWA that existed prior to the substitution or change. To the extent the terms of this section conflicts with the terms of any other section of the Agreement or any other agreement referenced herein, the terms of this section shall control.

8.6.1 Substitution. If SLDMWA and a SLDMWA member notify the Authority of their intent for the SLDMWA member to substitute for SLDMWA as a Member of the Authority, such substitution will take effect immediately upon notice, with the SLDMWA member assuming all rights and obligations previously held by SLDMWA as a Member of the Authority.

8.6.2 Change. If one or more SLDMWA member(s) notifies the Authority of the intent to participate in the Authority separate from SLDMWA, but two or more SLDMWA members will maintain their participation in the Authority through SLDMWA, then such change will take effect immediately upon notice. To be effective, the notice will inform the Authority of how the rights and obligations of SLDMWA that existed prior to the change will be exercised by SLDMWA and the SLDMWA members after the change. In the event a change occurs, then SLDMWA and the applicable SLDMWA member agency(ies) must determine how they will address any resulting governance issue, but the change shall not result in any increase in the voting power of SLDMWA and any SLDMWA member agency participating in the Authority as a result of that change, and SLDMWA and any such member agency(ies) shall not obtain more than a total of one (1) vote by reason of that change on matters coming before the Board, unless such SLDMWA member agency proceeds under the new member provisions of Section 10.3.

ARTICLE 9

BREACH AND MEMBERSHIP TERMINATION

9.1 Compliance with Agreement. Each Member shall comply with the terms of this Agreement and fulfill its obligations hereunder, as well as under its Service Agreement, including all financial obligations it undertakes in connection with the Project.

9.2 One-Year Suspension Period – Monetary Breaches. If any Member fails to meet that Member’s financial obligations under this Agreement, the Authority may, in the sole discretion of the Authority’s Board of Directors, suspend any benefits that Member would receive from this Agreement until such time as all of that Member’s financial obligations owed to the Authority under this Agreement are satisfied, provided that the Authority has first given that Member a minimum of

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sixty (60) days’ advance written notice of such suspension. If that Member does not satisfy its financial obligations under this Agreement following receipt of the Authority’s written notice for a period of one (1) year from the effective date of the suspension, that Member shall be deemed to have withdrawn from the Authority and the provisions of Section 8.4 shall apply. The Authority shall not impose interest on that Member’s financial obligations under this Agreement during this one (1) year period. Notwithstanding the foregoing, if the Member’s breach relates to a failure to pay administrative and/or operational expenses, that Member shall not be subject to termination until such time as that Member’s funds held by the Authority as administrative and/or operational reserves are exhausted. For the purposes of this Section 9.2, any failure by SFPUC to appropriate adequate funds in any Fiscal Year to meet its obligation under its Service Agreement or other financial obligations under this Agreement is not a breach of this Agreement and Section 7.12 shall apply.

9.3 Breach of Agreement – Non-Monetary Breaches. In the event the Board determines a Member has breached any non-monetary obligation under this Agreement by failing to perform any obligation hereunder, other than the payment of monies to the Authority, the Authority shall give that Member written notice of that breach and an opportunity for sixty (60) days to cure that breach, or such longer period of time as the Board determines is reasonable, in its sole and absolute discretion, to cure the breach. If that Member fails to cure that breach within that sixty (60) day or longer period, then that Member may have its rights under this Agreement terminated and may be excluded from further participation in the Authority by the vote of at least three-quarters (seventy-five percent (75%)) of the total number of Directors. Any such termination shall be deemed a withdrawal from the Authority for the purposes of Section 8.4, and such defaulting Member shall continue to be liable for its obligations to the extent and as provided in Section 8.4, including, but not limited to, such defaulting Member’s obligation to pay its share of any debt service on any outstanding Bonds, or its share of any capital costs relating to a specific Project component.

9.4 Enforcement. Subject to the one-year suspension period under Section 9.2 with respect to any Member’s failure to meet its financial obligations, if a Member defaults in any undertaking contained in this Agreement, that default shall not excuse such Member or any other Member from fulfilling its obligations under this Agreement and each Member shall continue to be liable for the performance of all conditions herein contained. Each Member hereby declares that this Agreement is entered into for the benefit of the Authority created hereby and for each Member and hereby grants to the Authority the right to enforce by whatever means, legal and equitable, the Authority deems appropriate in consideration of all obligations of each of the Members hereunder. The foregoing provisions in this Section 9.4 do not pertain to any failure by SFPUC to appropriate adequate funds in any Fiscal Year to meet its obligation under its Service Agreement or other financial obligations under this Agreement. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies.

ARTICLE 10 SPECIAL PROVISIONS

10.1 Insurance. The Authority shall maintain types and levels of insurance coverage for the Authority as the Board determines to be reasonably adequate.

10.2 Liability of Authority and Members.

10.2.1 To the full extent authorized by Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority, with the exception of retirement liabilities of the Authority if the Authority contracts with a public retirement system, shall be the debts, liabilities, and obligations solely of the Authority and not the debts, liabilities, and obligations of any of the Members or any of their respective members, officers, directors, employees, or agents. The Authority, its Directors,

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officers, employees, staff, and agents shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement.

10.2.2 No Member, its officers, directors, or employees shall be responsible for any

action taken or omitted by any other Member, or its members, officers, directors, or employees. To the extent allowed by law, the Members repudiate the provision for joint and several tort liability provided under Government Code Section 895.2, and agree, pursuant to Government Code Section 895.4, that each Member shall fully indemnify and hold harmless each other Member and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any negligent or wrongful act or omission of such Member in the performance of this Agreement, and the Members intend that each Member provide indemnity or contribution in proportion to that Member’s responsibility for any such claim, damage, loss, judgment, liability, expense or other cost, as determined under principles of comparative negligence.

10.3 New Members. It is recognized that public agencies other than the original Members

to this Agreement may wish to participate in the Authority. As determined by the Board of Directors, in its sole discretion, any such public agency must have the common powers specified in Recitals A and B, above, must be located within the Project Service Area, must be credit worthy, and must provide benefits to the Project and other Members. Any proposed new Member must meet all established principles or requirements adopted by any Member with respect to potential participation in the Project that are in effect at the time the proposed new Member applies to become a Member. Additional public agencies may become Members upon such terms and conditions as approved by at least a simple majority vote of the Board, including establishment of an appropriate cost allocation for that new Member and payment by the new Member of an acceptable financial contribution to offset prior expenses incurred by the existing Members in developing and operating the Project. Any new Member must be approved by at least a simple majority of the governing boards of the existing Members of the Authority, evidenced by the execution of a written amendment to this Agreement signed by the new Member. Notwithstanding the foregoing, a change in the SLDMWA’s participation structure shall be governed by Section 8.6, unless a SLDMWA member elects to pursue membership pursuant to this Section 10.3.

10.4 Retirement System. The Authority shall not enter into a contract with the California Public Employees’ Retirement System or any other public retirement system without the unanimous approval of the Board and ratification by all of the governing bodies of the Members. The Members acknowledge that if the Authority enters into any such contract, as referenced in Section 10.2, above, the Members may have responsibility under Government Code Section 6508.2 for the Authority’s retirement liabilities in the event this Agreement is terminated or the Authority terminates that contract. In such a situation, the Members shall attempt to reach mutual agreement on the allocation of those liabilities among the Members and understand that if they are unable to reach such a mutual agreement, those liabilities shall be allocated among the Members in the same proportion as the Authority’s expenses are allocated under the Budget at the time of the termination of this Agreement or of the retirement system contract.

10.5 Indemnity by the Authority. The Authority shall indemnify, defend and hold harmless the Board, each Member, and their members, officers, directors, employees, and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, except such loss or damage which was caused by the negligence or willful misconduct of any Member, or their members, officers, directors, employees, and agents. The Authority’s duty to indemnify each Member pursuant to this Agreement shall survive that Member’s withdrawal from the Agency.

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10.6 Conflict of Interest Code. The Authority shall, by resolution, adopt a conflict of interest code as required by law.

10.7 No Policy Advocacy. The Authority shall only engage in policy advocacy or legislative, lobbying, or governmental affairs activities directly related to the Project, including third party funding and financial issues. Such functions may also be performed by individual Members in their sole discretion.

ARTICLE 11 MISCELLANEOUS PROVISIONS

11.1 Severability. If any section, clause or phrase of this Agreement or the application thereof to any Member or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the Agreement or the application of such provisions to any other Member or to other persons or circumstances shall not be affected thereby. In the event a provision is held to be invalid, the Members shall work in good faith to restore the intent of any provision that held to be invalid. Each Member hereby declares that it would have entered into this Agreement, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid.

11.2 Dispute Resolution. If a dispute arises as to the construction, interpretation or implementation of any portion of this Agreement or any matters that arise in connection with this Agreement, the Members in dispute (including the Authority if the dispute is between one or more Members and the Authority, in which case the Board shall determine who will represent the Authority in the meet and confer and mediation processes) shall meet and confer in person in an attempt to resolve that dispute within thirty (30) days of a Member or the Authority giving the other Members or the Authority notice of the dispute. If the Members or the Authority cannot resolve the dispute through that meet and confer process, the Members or the Authority in dispute shall proceed to non-binding mediation of the dispute in front of an independent, neutral mediator agreed to by those Members or the Authority, unless they both agree to waive that mediation. If the Members or the Authority in dispute cannot agree upon a mediator, the mediation service selected shall choose the mediator. The Members or the Authority in dispute shall equally divide and pay the mediation costs.

11.3 Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally, by registered or certified mail, postage prepaid, by nationally-recognized overnight courier, or by e-mail to the respective Members, at the addresses provided in Exhibit C attached hereto. With respect to delivery by e-mail, any such e-mail message shall be sent using a system that provides reasonable assurance: (i) that the message was sent; (ii) that the message was delivered to the recipient’s information processing system, and (iii) of the time and date the message was delivered to the recipient, along with a verifiable electronic record of the exact content of the message sent. The Members may from time to time change the address to which notice may be provided by providing notice of the change to the other Members.

11.4 Consent. Whenever in this Agreement or in any amendment thereto consent or approval is required, the same shall not be arbitrarily or capriciously withheld or delayed.

11.5 Other Agreements Not Prohibited. Other agreements by and between the Members or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.

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11.6 Section Headings. The section headings herein are for convenience of the Members only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

11.7 Governing Law; Venue. Any judicial action or proceeding that relates to the Agreement, the Authority or the Project between or among any or all of the Members and/or the Authority shall be initially brought in Contra Costa County Superior Court and will be transferred to a neutral venue. The litigants shall attempt to stipulate to a mutually agreeable neutral venue, and if unable to agree will resolve any venue dispute through a motion to transfer brought pursuant to California Code of Civil Procedure section 394. The parties to any litigation will support transfer to a neutral venue and will not object to transfer to a neutral venue.

11.8 Construction of Language. It is the intention of the Members that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. Additionally, any dispute concerning determination of an “adverse and material effect” pursuant to Section 3.3.4 shall be determined under an arbitrary and capricious standard in connection with the affected Member’s exercise of its veto right.

11.9 Cooperation. The Members recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement.

11.10 Successors. Subject to Section 11.11, this Agreement shall be binding upon and shall inure to the benefit of the successors of the Members.

11.11 Assignment. Except as provided for SLDMWA and the SLDMWA members, a Member may not assign its membership in the Authority without the consent of all of the other Members. Any assignment of a membership in the Authority made under this Section 11.11 upon the consent of all of the other Members will not result in the novation of the assignor Member’s obligations with respect to this Agreement, the Member’s Service Agreement or any other agreement which may obligate the assignor Member, unless such novation is agreed to in writing by such consenting Members, the assignee and the assignor Member. Notwithstanding the foregoing, a Member may assign its rights to utilize the Project in accordance with the provisions of its Service Agreement and any applicable Facilities Usage Agreement; but in such a case, the assignor Member that holds those rights will remain obligated for the payment of debt service, capital costs or operating expenses to the extent such costs are not paid by the assignee. In addition, any such assignment of rights to use of the Project must be consistent with the Project’s permits and approvals and be limited to use within the Project Service Area.

11.12 Enforcement. The Authority is hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this Agreement.

11.13 Integration. This Agreement constitutes the full and complete Agreement of the Members regarding the creation and administration of the Authority.

11.14 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement.

SIGNATURES ON FOLLOWING PAGES

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IN WITNESS WHEREOF, the Members have caused this Joint Exercise of Powers Agreement to be executed and attested by their proper officers thereunto duly authorized on the day and year set forth below.

Ed Stevenson, General Manager Date Alameda County Water District Approved as to Form: Date

Patrick Miyaki, General Counsel Stephen J. Welch, General Manager Date Contra Costa Water District Approved as to Form: Date

Douglas E. Coty, General Counsel Clifford C. Chan, General Manager Date East Bay Municipal Utility District Approved as to Form: Date

Jonathan D. Salmon, Assistant General Counsel

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Ricardo Ortega, General Manager Date Grassland Water District Approved as to Form: Date

Ellen L. Wehr, General Counsel Michael Carlin, Acting General Manager Date

San Francisco Public Utilities Commission Approved as to Form: Date Dennis J. Herrera, City Attorney By Joshua Milstein Date

Deputy City Attorney Federico Barajas, Executive Director Date San Luis & Delta-Mendota Water Authority Approved as to Form: Date

Rebecca Akroyd, General Counsel

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Rick L. Callender, Esq. Chief Executive Officer Date Santa Clara Valley Water District Approved as to Form: Date

Carlos Orellana, District Counsel Valerie Pryor, General Manager Date Zone 7 Water Agency Approved as to Form: Date

Rebecca Smith, General Counsel

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EXHIBIT A

AUTHORITY MEMBERS

• Alameda County Flood Control & Water Conservation District, Zone 7

• Alameda County Water District

• Contra Costa Water District (to include City of Brentwood*)

• East Bay Municipal Utility District

• Grassland Water District

• Santa Clara Valley Water District

• San Francisco Public Utilities Commission (to include Bay Area Water Supply & Conservation

Agency*)

• San Luis & Delta-Mendota Water Authority, consisting of:

• Byron-Bethany Irrigation District

• Del Puerto Water District

• Panoche Water District

• Westlands Water District

[NOTE: The number and list of SLDMWA-member agencies participating through SLDMWA may change without requiring amendment of this Exhibit A or the Agreement]

• Department of Water Resources (ex officio, non-voting pursuant to Water Code Section 79759(b))

*The City of Brentwood and the Bay Area Water Supply & Conservation Agency are not signatory parties to the JPA, and

are not bound by, and do not independently benefit from, its terms and conditions. Rather, these parties contract for project benefits through their wholesale providers.

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EXHIBIT B

LIST OF FACILITIES*

No. Description Type Builder Operator

1 Los Vaqueros Dam Raise New Facility CCWD CCWD

2 Neroly High-Lift Pump Station New Facility CCWD CCWD

3 Transfer Facility Expansion New Facility CCWD CCWD

4 Transfer-Bethany Pipeline New Facility CCWD CCWD

5 Los Vaqueros Recreation Facilities Modified Facility CCWD CCWD

6 Rock Slough PP#1 Replacement Modified Facility CCWD CCWD

7 Transfer Facilities Improvements Modified Facility CCWD CCWD

8 Mokelumne Aqueduct Lining Modified Facility EBMUD EBMUD

9 Walnut Creek VFDs New Facility EBMUD EBMUD

10 Mokelumne Aqueduct EBMUD-Provided Facility

EBMUD is responsible for construction, operation, and maintenance and is compensated through the EBMUD Facilities Usage Agreement

11 Freeport Intake EBMUD-Provided Facility

12 Walnut Creek Pumping Plant EBMUD-Provided Facility

13 EBMUD-CCWD Intertie CCWD-Provided Facility

CCWD is responsible for construction, operation, and maintenance and is compensated through the CCWD Facilities Usage Agreement

14 Los Vaqueros Dam CCWD-Provided Facility

15 Los Vaqueros Pipeline CCWD-Provided Facility

16 Middle River Intake CCWD-Provided Facility

17 Middle River Pipeline CCWD-Provided Facility

18 Old River Intake CCWD-Provided Facility

19 Old River Pipeline CCWD-Provided Facility

20 Rock Slough Facilities CCWD-Provided Facility

21 Transfer Pipeline CCWD-Provided Facility

*This Exhibit B lists those facilities that have been included in various Project application and agreement documents. Some facilities listed on Exhibit B will provide differing levels of benefits (or no benefits) to certain Members. The Service Agreements and Facilities Usage Agreements will address those specific levels of

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benefits and related cost allocations. Facilities listed in this Exhibit B are subject to modification as to the nature and type of the facility, and additional facilities may be added to Exhibit B prior to JPA formation as circumstances may warrant, including obtaining of additional state or federal grant funding. No rights to the use of any facility are provided by reason of the listing of that facility on Exhibit B. Such rights of use are only provided through the Facilities Usage Agreements and Service Agreements to be entered into.

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EXHIBIT C

MEMBER ADDRESSES

Member Addresses

Alameda County Water District 43885 S. Grimmer Blvd., Fremont, California 94538

Contra Costa Water District 1331 Concord Avenue, Concord, California 94520 P.O. Box H20 Concord, California 94524

East Bay Municipal Utility District 375 Eleventh Street, M.S. 407, Oakland, California 94607

San Luis & Delta Mendota Water Authority 15990 Kelso Road, Byron, California 94514 P.O. Box 2157, Los Banos, California 93635

Grassland Water District 200 W. Willmott Avenue, Los Banos, California 93635

San Francisco Public Utilities Commission 525 Golden Gate Avenue, 10th Floor San Francisco, California 94102

Santa Clara Valley Water District 5750 Almaden Expressway, San Jose, California 95118

Zone 7 Water Agency 100 N. Canyon Parkway, Livermore, California 94551

EX OFFICIO MEMBER: California Department of Water Resources

1416 9th Street, Room 1115-1, Sacramento, California 95814 P. O. Box 942836, Room 1115-1, Sacramento, California 94236-0001

Amendment No. 3 to the Cost Share Agreement for LVE Project Planning Page 1

Amendment No. 3 to the Cost Share Agreement for

Los Vaqueros Reservoir Expansion Project Planning The Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning between Contra Costa Water District (CCWD) and Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7); Alameda County Water District (ACWD); East Bay Municipal Utility District (EBMUD); Grassland Water District (GWD); San Francisco Public Utilities Commission (SFPUC); San Luis & Delta-Mendota Water Authority (SLDMWA); and Santa Clara Valley Water District (Valley Water) (collectively, “Local Agency Partners”), dated April 30, 2019 and amended on June 22, 2020 and December 2, 2020 (referred to hereafter as the “Agreement”), shall hereby be amended by this Amendment No. 3. The Agreement, together with Amendment No. 1, No.2 and this Amendment No. 3, may be referenced hereafter as the “Agreement as amended”.

RECITALS

WHEREAS, Contra Costa Water District and the Local Agency Partners (collectively, “Parties”) entered into the Agreement dated April 30, 2019, to provide for the cost-sharing of the funding requirements for the planning of the Los Vaqueros Reservoir Expansion Project (“Project”); and

WHEREAS, pursuant to Sections 5 and 17 of the Agreement, the Agreement was amended on June 22 and December 2, 2020 to extend the term of the Agreement to the earlier of (i) the completion of the work contemplated therein, (ii) until [the] Agreement is superseded by an interim funding agreement, which may be negotiated among the Parties to the Los Vaqueros Reservoir Joint Powers Authority, or (iii) December 31, 2021, unless the term is modified consistent with Section 17 of the Agreement; and

WHEREAS, on December 9, 2020 Bartle Wells Associates provided the Parties with the final report of the evaluation of the proposed EBMUD usage fees; and

WHEREAS, on August 12, 2020 the Secretary of the Interior sent written notification to Congress that the Final Federal Feasibility Report was complete, and that the Secretary concurred with the determination of feasibility; and

WHEREAS, on May 13, 2020 CCWD’s Board of Directors approved the Project and certified the

Final Supplement to the Final Environmental Impact Statement/ Environmental Impact Report; and WHEREAS, on September 3, 2020 the tolling period for California Environmental Quality Act

challenges expired with no legal challenges; and WHEREAS, the 2021 federal budget included an additional $7.845 million to fund pre-

construction activities for the Project and $4.1 million to fund construction of Pumping Plant No.1 Replacement; and


WHEREAS, as of February 12, 2021 CCWD and DWR have entered into a Memorandum of Understanding for the Phase 2 Los Vaqueros Reservoir Expansion Project; and

WHEREAS, as of March 18, 2021 CCWD and EBMUD have entered into a Memorandum of Understanding to Consider the Provision of Temporary Water Conveyance Services During Los Vaqueros Reservoir Expansion Project Construction (2021 CCWD and EBMUD MOU); and WHEREAS, on March 19, 2021 CCWD sent a letter of intent to the Local Agency Partners documenting the progress made on the usage fees, and which the Local Agency Partners subsequently signed; and WHEREAS, on June 18, 2021 EBMUD provided the Parties with the final report incorporating all comments from the Parties and documenting proposed usage fees for EBMUD to wheel water on behalf of the Parties for the Project; and

WHEREAS, as of April 9, 2021 Reclamation and CCWD have entered into a Memorandum of Agreement for the Preconstruction Phase of the Phase 2 Los Vaqueros Reservoir Expansion Project and Sharing of Costs; and

WHEREAS, on June 14, 2021 CCWD submitted the ninety (90%) percent dam raise design to Division of Safety of Dams; and

WHEREAS, the South Bay Aqueduct Contractors completed a study evaluating the potential capacity in the South Bay Aqueduct available for use by the SFPUC, the results of which indicate that there may be sufficient additional capacity available to deliver Project supplies depending on the timing, quantity of supplies conveyed, and location of the potential turnout; and

WHEREAS, on April 7, 2021 CCWD’s Board of Directors authorized execution of the Joint Exercise of Powers Agreement; and

WHEREAS, Parties have collectively paid a total of $8,915,003 to date in addition to in-kind services to support work in the Agreement; and

WHEREAS, the Parties wish to again amend the Agreement to include additional purposes in

the Agreement with a detailed supplemental scope of work and budget for activities funded by this Amendment No.3; to further extend the term of the Agreement to the earlier of (i) the completion of the work contemplated therein, (ii) until this Agreement is superseded by an interim funding agreement, which may be negotiated among the Parties to the Los Vaqueros Reservoir Joint Powers Authority, or (iii) December 31, 2022 to include additional roles and responsibilities for certain Parties to the Agreement; and to amend the cost and payment terms of the Agreement in order to fund additional activities necessary; and

NOW, THEREFORE, the Parties agree that the above recitals are incorporated in and made part of the Agreement, and, pursuant to Section 17 of the Agreement, do hereby amend the Agreement as follows:

1. Section 1 (Purpose)

In addition to purposes a through l, as provided for in the Agreement, the following purposes


and additional paragraphs shall be included in the Agreement as amended. m) initial administration of the Los Vaqueros Reservoir Joint Powers Authority; n) development of a Backstop Water Service Agreement between CCWD and EBMUD; o) conceptual plan for recreational facilities; p) inspection of Los Vaqueros and Transfer Pipelines and the Contra Costa Canal

between Pumping Plant No. 2 and 4; q) risk management support; r) evaluation of alternative water supplies for CCWD during construction; s) development of design & construction agreements for Project facilities;

As of the effective date of Amendment No. 3 to the Agreement, purposes a, b, d, g, f and j, as provided for in the Agreement, have been achieved and do not require additional funding. Work to achieve Purposes c, e, h, i, k, l, and m thru s will be advanced under the Agreement as amended. Work completed by the Consultant Team and CCWD staff to achieve these purposes will be partially funded by this Amendment No. 3 to the Agreement. A detailed supplemental scope of work and budget for activities funded by this Amendment No. 3 are included in Exhibit A-3 and Exhibit B-3, respectively, which are attached hereto and incorporated herein as if fully set forth in this Amendment No. 3 to the Agreement.

2. Section 2 (Roles & Responsibilities) In addition to the existing roles and responsibilities of the Parties described in the Agreement, the following additional roles and responsibilities for certain Parties shall be included in the Agreement as amended. 2.1 Contra Costa Water District Responsibilities

a-w) as described in the Agreement; x) will serve as the initial administrator for the JPA; y) will work cooperatively with EBMUD to complete the scope of work described in the

2021 CCWD and EBMUD MOU and, if a positive determination is made under paragraph 3 thereof, develop a Backstop Water Service Agreement;

z) will advance the design of recreation facilities; aa) will inspect Los Vaqueros and Transfer Pipelines and the Contra Costa Canal

between Pumping Plant No. 2 and 4; bb) will procure risk management support services; cc) will evaluate need for alternative water supplies during construction; dd) will work cooperatively with EBMUD to advance EBMUD facilities that may

ultimately receive CWC funding; ee) will develop design & construction agreements for Project facilities; ff) will work cooperatively with SFPUC to secure a source of water supply for SFPUC

that could be diverted, stored and conveyed by the Project; gg) will work cooperatively with EBMUD to secure a temporary source of water supply

for EBMUD that could be diverted, stored, and conveyed by the Project until EBMUD is able to secure its own sources of water supply for the Project.

2.2 East Bay Municipal Utility District Responsibilities


a-m) as described in the Agreement; and n) will work cooperatively with CCWD to complete the scope of work described in the

2021 CCWD and EBMUD MOU and, if a positive determination is made under paragraph 3 thereof, to develop a Backstop Water Service Agreement;

o) will work cooperatively with CCWD to advance EBMUD facilities that may ultimately receive CWC funding;

p) will develop design & construction agreements for Project facilities; q) will work cooperatively with CCWD to secure a temporary source of water supply

for EBMUD that could be diverted, stored, and conveyed by the Project until EBMUD is able to secure its own sources of water supply for the Project.

2.10 San Francisco Public Utilities Commission In addition to the joint responsibilities and the responsibilities of the Local Agency Partners, SFPUC:

a) will work cooperatively with CCWD to secure a source of water supply for SFPUC that could be diverted, stored, and conveyed by the Project;

3. Section 3 (Cost & Payment)

Section 3 shall be amended such that the following terms shall, as applicable, supplement and/or supersede the corresponding terms in the Agreement in their entirety. The payments are intended to provide sufficient funding for advancing the completion of the additional Scope of Work as provided for in Exhibit A-3 and the Budget provided for in Exhibit B-3.

a) Total costs to fund work hereunder are identified in Exhibit B-3. The CCWD and Local Agency Partners’ collective total share of the cost shall not exceed $6,279,840 (“Total Cost Share”).

b) Notwithstanding anything to the contrary in the Agreement as amended, CCWD and the Local Agency Partners, excluding GWD, shall be responsible for providing the Total Cost Share in accordance with Exhibit B-3. In no event shall any Party’s individual share of the Total Cost Share exceed $897,120, excluding GWD. Timing and quantity of payment for each Local Agency Partner shall not vary from what is put forth in Exhibit B-3 unless CCWD and the Local Agency Partners voluntarily agree to modifications pursuant to Sections 3(d)(iv) and 17 of the Agreement as amended. The Total Cost Share described herein is exclusive of any joint defense or litigation cost share amounts which may be determined in a subsequent written agreement entered into pursuant to Section 9 of the Agreement.

c) The SFPUC’s payments as a Local Agency Partner under the Agreement as amended, are subject to and contingent upon the budget and fiscal provisions of the City and County of San Francisco’s Charter and the budget decisions of its Mayor and Board of Supervisors. No SFPUC funds will be available hereunder until prior written authorization certified by the City’s Controller. The Controller cannot authorize payments unless funds have been certified as available in the budget or in a supplemental appropriation. This Agreement shall automatically terminate,


without liability to the City, if funds are not properly appropriated by the Mayor and Board of Supervisors or certified by the Controller. The SFPUC's obligations hereunder shall never exceed the amount certified by the Controller for the purpose and period stated in such certification. The SFPUC, its employees and officers are not authorized to request services that are beyond the scope of those expressly described herein, unless a written amendment is approved as required by law. As to the SFPUC only, this Section 3(c) controls against any conflicting provision of the Agreement as amended.

d) CCWD and the Local Agency Partners will split the Total Cost Share equally over two payments. CCWD will invoice each of the Local Agency Partners, and itself, for their individual shares of the Total Cost Share detailed in Exhibit B-3.

(i) Two invoices are anticipated according to the schedule below:

1. January 3, 2022

2. July 1, 2022

(ii) Payment from the Local Agency Partners shall be remitted within sixty (60) days after invoice submittal.

(iii) Funds contributed by the Local Agency Partners shall be committed by CCWD and expended only for work required to further the purposes of this Agreement.

(iv) If a sufficient number of Parties withdraw from the Agreement or fail to

execute Amendment No. 3 before the second invoice such that the Local Agency Partners’ individual cost shares change substantially, or the individual cost shares approach or exceed the maximum financial responsibility for each Party (determined herein as $897,120), each remaining Local Agency Partner, at its sole discretion consistent with Section 3(b) of this Agreement, shall determine whether to withdraw from the Agreement. CCWD and the Local Agency Partners who do not choose to withdraw will work together to develop an amendment that substantially conforms to this Agreement. If no mutually agreeable amendment can be developed, the remaining Parties will terminate this Agreement.

(v) If a new Local Agency Partner is added, consistent with Section 12 of this Agreement, each subsequent invoice for each Local Agency Partner will be adjusted to reflect the cost share of the new partner and the total number of Local Agency Partners. The adjustments contemplated herein shall reflect any “catch-up” contribution required of the newly added Local Agency Partner in addition to the contributions to be made on a prospective basis. “Catch-up” contributions shall be calculated based on the then total value of the of the Local Agency Partners’ individual monetary shares paid pursuant to the Agreement as amended prior to the date of the new member’s signing of the Agreement.


(vi) If funds remain after work under this Agreement is completed, each Local Agency Partner will determine whether its pro-rata share of the remaining funds shall be returned or contributed to future work consistent with Section 7 of this Agreement. Each Local Agency Partner shall advise CCWD of its determination within sixty (60) days of receiving notice from CCWD of the completion of the work, or the remaining funds shall automatically be contributed towards future work.

(vii) In-kind services may include labor costs and overhead costs for staff who are providing in-kind services for Project activities under this Agreement, including but not limited to data collection, document review, communications, stakeholder outreach, management of third-party consultant contracts, and attending Project meetings. In-kind services will contribute toward the non-State funding match required by the Early Funding Agreement, as it may be amended from time to time. In-kind services, pursuant to Section 2.7(d) of this Agreement, are contributed at the discretion of each Local Agency Partner with no minimum or maximum in-kind contribution limits.

5. Section 5 (Term)

Section 5 shall be amended such that the following term shall modify the corresponding term in the Agreement as amended:

The Agreement as amended shall terminate on the earliest occurring of the following events: (i) completion of the work contemplated herein; (ii) the effective date of an interim funding agreement which is negotiated between the Parties and intended as a successor to the Agreement as amended; or, (iii) on December 31, 2022, unless the Term is further modified consistent with Section 17 of this Agreement.

6. Section 11 (Federal Funding)

Section 11 shall be amended such that the following term shall supersede and replace the corresponding term in the Agreement in its entirety:

With support from the Local Agency Partners, CCWD is seeking a total of $223 million in federal funding for design, pre-construction, and construction activities through the Water Infrastructure Improvements for the Nation (WIIN) Act or other federal legislation. CCWD is in the process of developing an Assistance Agreement for the provision of up to $7.2 million in federal funding for pre-construction activities. If additional federal funding for the Project is appropriated by Congress, Reclamation would receive the requested funding and the funds would support ongoing work. Some portion of the federal funds may be directly applied to the scope of work contained in Exhibit A-3. The federal funds could be credited towards any Non-Program Cost Share as required in the Early Funding Agreement as described in Section 10 of this Agreement.


Effective date of Amendment No. 3.

Amendment No. 3, including the financial contribution provisions herein, shall be effective as of the date of signature by CCWD and each subsequent Local Agency Partner signatory.

Except as amended by this Amendment No. 3, the Agreement as previously amended shall continue in full force and effect. This Amendment No. 3 may be executed in counterparts, each of which shall be deemed an original but all of which taken together shall constitute Amendment No. 3. The parties agree to the use of electronic, scanned, and facsimile signatures.


Ed Stevenson, General Manager Alameda County Water District

Date

Stephen J. Welch, General Manager Contra Costa Water District

Date

Clifford C. Chan, General Manager East Bay Municipal Utility District

Date

Ric Ortega, General Manager Grassland Water District

Date

Michael Carlin Acting Manager San Francisco Public Utilities Commission

Date

Approved as to Form Deputy City Attorney San Francisco

Date

Federico Barajas, Executive Director San Luis & Delta-Mendota Water Authority

Date

Rick L. Callender, Esq., Chief Executive Officer Santa Clara Valley Water District

Date

Valerie Pryor, General Manager Zone 7 Water Agency

Date

Cost Share Agreement for LVE Project Planning Exhibit A-3 Page 1

Exhibit A-3

Amendment No. 3 Scope of Work

The following tasks describe the work efforts by Contra Costa Water District (CCWD), consultants for the Los Vaqueros Reservoir Expansion (LVE) Project, and the Local Agency Partners (as indicated) under this Amendment No. 3 to the Agreement. References to joint work efforts by Reclamation are described as appropriate, but are not intended to imply that Reclamation is a party to this Amendment. CCWD will be supported by the consultant and legal services team that are under contract to CCWD and managed by CCWD.

Task 1 Project Management

Task 1.1 Funding Agreement Administration

Administer the Early Funding Agreement executed by CCWD and the California Water Commission (CWC), including meeting reporting and invoicing requirements of the Early Funding Agreement, coordinating with CWC staff as needed to respond to questions and data requests, and managing cost commitments. Provide financial statements and other supporting documentation as requested by the CWC staff pertaining to the Early Funding Agreement.

Administer the Assistance Agreement executed by CCWD and Reclamation, including meeting reporting and invoicing requirements of the Assistance Agreement, and coordination with Reclamation staff as needed to respond to questions, data requests, or other inquiries.

Prepare quarterly progress reports detailing work completed in prior quarter in accordance with Water Storage Investment Program (WSIP) requirements, Cost Share MOA with Reclamation, and the Assistance Agreement with Reclamation. Progress reports will explain the status of the Project and will include the following information: summary of the work completed for the project during the reporting period; activities and milestones achieved; and accomplishments and any problems encountered in the performance of work.

Prepare monthly invoices meeting the invoice content terms of the Early Funding Agreement, the Cost Share MOA with Reclamation, and the Assistance Agreement, including relevant supporting documentation for submittal to the CWC and Reclamation. Coordinate with consultants and Local Agency Partners to prepare and submit sufficient backup documentation to support claimed costs.

Deliverables:

� Invoices and associated backup documentation � Quarterly Progress Reports (for CWC and Reclamation)


Task 1.2 Project Management Activities

This task includes project management activities performed by CCWD, Local Agency Partners, consultants, and other agencies related to, but not limited to, managing staff, invoicing, budgeting, scheduling, procuring consultants and technical services, reviewing submittals, holding meetings and conference calls, and coordinating and reporting project activities that are within the objectives of the Project and of this Agreement.

Deliverables:

� Summary updates on project management activities in Quarterly Progress Reports

Task 1.3 Joint Powers Authority Formation

This task has been completed.

Task 1.4 JPA Administration

It is anticipated that the JPA will begin regular meetings in late 2021. The Board will select the Administrator, which shall provide management and administrative services for the Authority. CCWD will serve as the initial Administrator, and its rights and responsibilities in that role shall be set forth in the Administrative Agreement, or other agreement between CCWD and the Authority. In its role as the Administrator, CCWD will oversee and manage any consultants of the Authority and will report to the Board.

It is anticipated that one of the first actions the JPA will take will be the competitive selection of general counsel. Legal counsel will work with the legal workgroup to develop all agreements that the JPA will enter into including but not limited to interim funding agreement, service agreements, state and federal funding agreements, contracts to procure services, contracts for administration of public benefits with CDFW and DWR, design and construction agreements with CCWD and EBMUD, usage agreements with CCWD and EBMUD, operations and maintenance agreements with CCWD and EBMUD.

Deliverables:

� Service agreements � Interim funding agreement � Design and construction agreement between the JPA and CCWD � Design and construction agreement between the JPA and EBMUD

Task 2 Environmental Planning

Task 2.1 Modeling

Modeling tasks to support preparation of the Final Supplement to the Final EIS/EIR were completed previously. Develop new or modify existing modeling tools so that operations or limitations of various operational priorities can be evaluated in terms of benefits to partners. Refine the model to track terms and requirements of various water rights. Refine the Los Vaqueros daily operations model to


accommodate partner operations, which may serve as a tracking tool in the future for permit reporting, billing, scheduling deliveries, etc.

Deliverables:

� Revised CalSim Model (ongoing) � Summaries of modeling results (ongoing)

Task 2.2 Public Outreach

Perform outreach activities to educate and inform the media, elected officials, CCWD ratepayers, communities in the Los Vaqueros area, environmental organizations, and regional and statewide interests about the purpose, objectives, and results of the technical studies.

Respond to routine stakeholder comments. Post responses as appropriate to the CCWD hosted project website at ccwater.com or share with stakeholders in informal meetings.

A public meeting was previously held in Concord to support the CCWD Board of Directors’ certification of the Final Supplement, approval of a project, and adoption of CEQA Findings and MMRP.

Deliverables:

� Stakeholder and public involvement program � Documentation of outreach activities � Public meeting(s) for Final Supplement to the Final EIS/EIR (completed) � Public meetings to support Record of Decision if necessary

Task 2.3 Environmental Document and Technical Studies

The U.S. Department of the Interior, Bureau of Reclamation, Region 10 – California-Great Basin (Reclamation) is the lead agency under the National Environmental Policy Act (NEPA) for preparation of the EIS and, in conjunction with CCWD, the lead agency under CEQA. Reclamation and CCWD previously prepared a joint Final EIS/EIR in March 2010 and CCWD completed construction of the first phase of reservoir expansion from 100,000 acre-feet (100 TAF) to 160 TAF in 2012. Reclamation and CCWD previously prepared a joint Supplement to the Final EIS/EIR document to support the second phase of reservoir expansion up to 275 TAF.

The development of the Supplement to the Final EIS/EIR, including the completion of the necessary technical studies in support of this effort culminating with issuance of the Supplement, were previously completed. The studies and data produced adhered to the federal planning and NEPA guidelines, CEQA guidelines, and WSIP guidance. Technical studies were conducted in accordance with the alternatives identified in the Draft Supplement.

If there are project changes, additional environmental surveys (i.e., aquatic resources, wildlife/botanical, etc.), documentation (i.e., CEQA/NEPA addendum/memo to file) and permitting effort (i.e., application/agreement amendments) may be required.

All agency meetings and technical workgroup meetings required to support the environmental document and studies are described in Task 1.2 and Task 2.2.


(2.3.1) Post-Draft Supplement Technical Studies and Surveys


(2.3.2) Transfer-Bethany Pipeline Alternative Location Evaluation


(2.3.3) Final Supplement to the Final EIS/EIR


(2.3.4) CEQA Findings and Mitigation Monitoring and Reporting Plan


(2.3.5) Record of Decision

It is anticipated that Reclamation will issue a Record of Decision on the Project during the term of this Amendment. CCWD will provide support to Reclamation with any necessary reporting, public meetings, briefings, white papers, and/or presentations.

Deliverables:

� Record of Decision

Task 2.4 Regulatory Permitting

Prepare documentation of environmental regulatory compliance including the Clean Water Act (CWA) Section 404(b)(1), CWA Section 401, the Federal Endangered Species Act (Section 7), the California Endangered Species Act, Section 1602 of the California Fish and Game Code, the National Historic Preservation Act (NHPA Section 106), and the Fish and Wildlife Coordination Act (FWCA). When possible or beneficial, obtain amendments to existing permits and excess compensation land acquired/managed during the Phase 1 expansion. If not possible to amend existing permits, seek new permits. Coordinate with regulatory agencies to confirm when amendments will be appropriate. In support of this task, several key work efforts (described below) will be completed.

Conduct reconnaissance-level biological field surveys of any new project areas (if any) to identify the potential for the presence of sensitive biological resources. Conduct a desktop analysis including a database search of the California Natural Diversity Data Base (CNDDB), California Native Plants Society's Inventory of Rare and Endangered Plants, USFWS species lists, and NMFS species lists in order to determine the potential occurrence of special-status plants, animals, and vegetation communities. Conduct site-specific biotic assessments to identify biological resources that are present or have a high likelihood to occur in the study area, and to assess the likely impacts associated with construction and/or long-term operations of the proposed project on biological resources. The results of the reconnaissance survey and analysis will be used to inform the regulatory permitting documents, and resource agency review.

Prepare the regulatory permit applications for the proposed project. Attend meetings with regulatory agencies. Develop supporting technical reports, as needed, to support preparation of proposed permit


applications. Permit applications and supporting documents to be prepared in support of the project may include: Biological Assessment for Federal Endangered Species Act compliance and Magnuson Stevens Fisheries Conservation and Management Act compliance; Clean Water Act Section 404/Section 10 Individual Permit Application; Clean Water Act Section 401 Clean Water Act Water Quality Certification Application; California Fish and Game Code Section 1602 Streambed Alteration Agreement Application; Section 2081 California Endangered Species Act Incidental Take Permit Application; Fish and Wildlife Coordination Act Report; National Historic Preservation Act Section 106 compliance; and Aquatic Resources Delineation.

Deliverables:

� Rare plant surveys and report of results (completed) � Wetland delineation and mapping, report of results (completed) � Administrative Draft Supplement to the Final EIS/EIR (completed) � Final Supplement to the Final EIS/EIR (completed) � Draft CEQA Findings and MMRP (completed) � Final CEQA Findings and MMRP (completed) � Permit applications and supporting technical reports, as applicable (in progress)

Task 2.5 Water Rights Permitting

Coordinate with Reclamation, the Department of Water Resources (DWR), Local Agency Partners, and the State Water Resources Control Board (State Water Board) regarding changes to existing water rights. Prepare petitions for change for CCWD’s water right permit and assist Reclamation, DWR, and Local Agency Partners with preparation of additional change petitions, as required. File petitions with the State Water Board, assist State Water Board staff with drafting orders and permit amendments as required, respond to any protests that may be filed and seek resolution of those protests, prepare for and participate in hearings as required.

Deliverables:

� Change petitions for CCWD’s Los Vaqueros water right (in progress) � Change petitions for Reclamation’s water rights (in progress) � Change petition(s) for DWR’s water rights � Change petition(s) for Local Agency Partners’ water rights, as required � Agreement between EBMUD and CCWD for temporary source of water supply � Agreement between SFPUC and CCWD for source of water supply

Task 2.6 Compensatory Mitigation

Identify potential mitigation lands as needed for Task 2.4. Determine preliminary appraisal value of potential mitigation lands. Acquire options to acquire mitigation lands with the concurrence of the Local Agency Partners.

Deliverables:


� Identification and preliminary appraisal of potential mitigation sites

Task 2.7 Final Award Hearing Requirements

A series of agreements will be needed to meet the final award hearing requirements of the California Water Commission. Progress on a number of these agreements will commence during the term of this amendment. The agreements necessary to proceed to the final award hearing may include but are not limited to: operations coordination agreements between CCWD and Reclamation and between CCWD and the Department of Water Resources; conveyance agreements between CCWD and DWR to convey water from the Project through the California Aqueduct and the South Bay Aqueduct; contracts for administration of public benefits between the JPA and DWR, and between the JPA and CDFW; a cost share agreement between CCWD and Reclamation for pre-construction activities; an agreement between CCWD and DWR for the tie-in of the Transfer-Bethany Pipeline to the California Aqueduct; a Backstop Water Service Agreement between CCWD and EBMUD (pending determination to proceed); an agreement between CCWD and the JPA for design and construction of Project facilities; an agreement between EBMUD and the JPA for design and construction of Project facilities. Deliverables:

� Operations coordination agreement(s) between CCWD and Reclamation and between CCWD and DWR (in progress)

� Conveyance agreement(s) between CCWD and DWR � Contracts for administration of public benefits between the JPA and CDFW, and

between the JPA and DWR � Cost-share agreement with Reclamation for pre-construction activities (completed) � Agreement between CCWD and DWR for the tie-in of the Transfer-Bethany Pipeline to

the California Aqueduct (in progress) � MOU between CCWD and EBMUD (completed) � Cost-share agreement between CCWD and Reclamation for construction activities � Backstop Water Service Agreement between CCWD and EBMUD (pending

determination to proceed) � Agreement between CCWD and the JPA for the design and construction of Project

facilities � Agreement between EBMUD and the JPA for the design and construction of Project

facilities

Task 3 Engineering Feasibility

Task 3.1 Financial Evaluation

Perform a financial evaluation that will assess the costs and merits of the Project.

Clean Energy Capital will further develop a Microsoft Excel-based Proforma Financial Model for the Project that incorporates water pricing options and integration with the CalSim model; hold stakeholder meetings and workshops; collect and review stakeholder and local partner comments and


inputs to the model; refine model as additional information arises that may affect the local agency partners, operations, water pricing, or other financial components of the Project. Clean Energy Capital will work directly with Local Agency Partners, as needed, to support each agency’s understanding and familiarity with the financial evaluation.

Clean Energy Capital will also create a Plan of Finance describing the proposed financing structure and assumptions for financing the Project. The Plan of Finance will take into consideration appropriate debt structures, timing, impact on rates, budgeting, credit ratings, tax laws, availability of grants and other State and Federal funding, Local Agency Partners that may choose to pay upfront in-lieu of participating in JPA financing, and assessment of capital market conditions. Evaluate the funding capabilities of a JPA and associated contractual requirements for partners receiving and paying for services.

Deliverables:

� Updated Proforma Financial Model (ongoing) � Further support for evaluation of Refined Usage Fees (completed) � Plan of Finance

Task 3.2 Federal Feasibility Report

The Final Federal Feasibility Report was completed in 2020 and was submitted to Congress on August 11, 2020. The Secretary of the Interior and/or Congress may continue to evaluate federal participation in the Project throughout the term of this Amendment.

Additional work may be necessary to secure Congressional budget appropriations for construction activities. CCWD and Local Agency Partners will also provide support to Reclamation on any post-feasibility report requirements as needed.

Deliverables:

� Final Federal Feasibility Study (completed) � Updated fact sheets for meetings with elected officials (in progress) � Updated federal funding and budget requests (in progress) � Post-feasibility report support

Task 3.3 Design

(3.3.1) Pumping Plant No. 1 Replacement

Preliminary design technical evaluations were completed by CCWD as part of CCWD’s Canal Replacement Project. Additional design development and evaluations must be completed in support of permitting and developing inter-agency agreements, including field work, site facility layouts, and development of electrical design sufficient for coordination with the Western Area Power Administration (WAPA).

Deliverables:


� Pumping Plant No. 1 Preliminary Design Report (completed) � Conceptual Facility Layout Drawings (completed) � Electrical System Improvements Conceptual Plans (completed) � Geotechnical Investigation Report � 30%, 60%, 90% and Final Plans, Specifications � 30% Construction cost estimates � Final Design � Agreement with WAPA

(3.3.2) Los Vaqueros Dam

This task includes work efforts related to design of the Los Vaqueros Dam expansion to gain Division of Safety of Dams (DSOD) authorization to construct. Design-related tasks may include, but are not limited to, reporting, investigations, testing, analysis, and surveys; geotechnical investigations and reporting; stability and deformation analysis; design of earthquake ground motions and parameters, spillway, new high level outlet, inlet/outlet tunnel modifications and dam instrumentation; constructability review, DSOD meetings and correspondence; and design of site restoration for the core borrow area. This task includes meetings with a Technical Review Board for independent review of the dam consultant’s work in accordance with DSOD guidelines.

Deliverables:

� LV Dam Drawings and Specifications 50% (completed) � LV Dam Drawings and Specifications 90% (completed) � LV Cost Estimate/Schedule 50% (completed) � Draft Basis of Design Report (completed) � Geotechnical Data Report (completed) � LV Dam Risk Assessment (completed) � Dam dewatering plan � Constructability Review Comments and Response Matrix � LV Dam Drawings and Specifications 100% � LV Cost Estimate/Schedule 100%

(3.3.3) Transfer-Bethany Pipeline

Continue pipeline alignment evaluations resulting from continued coordination with local resource and transportation agencies. CCWD will work with Contra Costa County Public Works and the Contra Costa Transportation Authority and their ongoing regional transportation planning for the Vasco Road widening and the State Route 239 Connector and will evaluate alignment adjustments as needed. CCWD will work with resource agencies to evaluate implications of alignment modifications and construction methods and associated mitigation and land needs along the alignment south of Vasco road in support of coordination with the East Contra Costa Habitat Conservation Plan and the County. CCWD will coordinate with the Department of Water Resources to review and define design criteria and to develop designs of the turn-in to the California Aqueduct, and will review available geotechnical


information and define pipeline corridor within State owned lands. A final pipeline alignment and land acquisition corridor will be defined. CCWD will prepare a geotechnical work plan and initial assessment of land acquisition needs.

Topographic survey will be completed with up-to-date aerial photography. CCWD will work with landowners and secure access rights to conduct field investigations, including geotechnical investigations, cathodic protection surveys and environmental surveys, as needed. Preliminary design of the pipeline and turn-in will be developed, including plan and profile drawings, hydraulic analysis, pipeline material evaluation, surge analysis and preparation of preliminary design construction schedule and cost estimate. A risk assessment will be conducted and a risk register developed that will be maintained through project implementation. Prepare plats and legal descriptions for temporary and permanent land acquisition, conduct property appraisals, initiate negotiations with landowners, and begin procurement of pipeline rights-of-way.

Deliverables:

� Alignment Adjustment Evaluations Tech Memo � Transfer-Bethany Pipeline Design Criteria Tech Memo � Transfer-Bethany Pipeline Preliminary Design Report � Topographic Survey � Geotechnical Work Plan � Assessment of Pipeline Land Acquisition Needs � Draft and Final Geotechnical Data Report � Title and Appraisal Reports

(3.3.4) Operation and Reliability Assessment


(3.3.5) Recreation Facilities

Plan and develop the conceptual designs for project recreational facilities (I.e., Marina Complex and replacement of Los Vaqueros Road, Service Road/Hiking Trail, Interpretative Center Expansion, Watershed Office Barn, ADA-compliant trail at the existing Mortero Wetland Complex, relocated fishing piers). Services specific to the development of the replacement of Los Vaqueros Road will include development of initial plan and profile design of the roadway, including estimates of grading modifications, drainage, pavement and other elements to support a preliminary design construction cost estimate.

Deliverables:

� Conceptual plans and renderings � Preliminary basis of design report � Design & construction cost estimate

(3.3.6) Existing Facilities Inspections and Assessments


Procure consulting services to conduct inspections and assessments of the existing Los Vaqueros Pipeline, the Transfer Pipeline, and the Contra Costa Canal between Pumping Plant No. 2 and Pumping Plant No. 4 to confirm condition, reliability, and capacity to operate consistent with the planned operations. Develop facility impact plans to coordinate CCWD operations, shutdowns and draining, as needed. Prepare inspection reports and recommend improvements, if needed.

Deliverables:

� Pipeline inspection firm procurement documents � Pipeline Inspection � Reports documenting conditions of facilities and potential future actions or

improvements � Geotechnical Investigation Work Plan

Task 3.4 Risk Management and Support

CCWD will competitively procure a consultant to provide support services to conduct a range of risk and technical project activities, including risk assessment and participation in the risk management team, schedule control and optimization, deliverable tracking, project controls and quality management, and resource and budget projections.

Deliverables:

� Risk Management Plan � Implementation Phase Risk Assessment Report � Evaluation of the need for alternative water supply during dam construction

Cost Share Agreement for LVE Project Planning Exhibit B-3 Page 1

Exhibit B-3

Budget and Cost Share

The budget for Amendment No. 3 to the Agreement covers three major tasks: project management, environmental planning, and engineering feasibility. The total budget includes projected costs for legal and consulting services, CCWD staff in-kind services, Local Agency Partner in-kind services, and Reclamation expenses. The total cost for the scope of work listed in Exhibit A-3 is $20,731,798 as shown in Table 1.

Table 1. Budget to Fund Scope of Work Original MPA Budget Amendment No. 2 Amendment No. 3 Total Project Management $1,090,600 $2,302,400 $1,460,200 $4,853,200 Environmental Planning $3,777,400 $5,368,967 $4,816,429 $13,962,796 Engineering Feasibility $6,755,400 $10,161,300 $13,467,940 $30,384,640 Contingency * $987,229 $1,287,228 Total $11,623,400 $17,832,667 $20,731,798 $50,187,864 *$300,000 was assumed as contingency in Amendment No. 2 but was included in the Project Management Task

The total cost to complete the scope of work, $20,731,798 will be paid through a combination of reimbursement from Reclamation, reimbursement from the California Water Commission (CWC), and contributions from CCWD and the Local Agency Partners. The total costs estimated of additional in-kind services of the LAPs and Reclamation are $1,100,000 and $1,000,000 respectively. The total cost of all work planned is $22,831,798 as shown in Table 2.

Table 2. Total Costs

Total Projected Cost Consultant & CCWD labor $20,731,798 Reclamation Cost (labor and services) $1,000,000 LAP in-kind services $1,100,000 Total $22,831,798

The CWC contribution includes fifty percent (50%) of the total cost, less 10% retention, up to the CWC cap of funding of $22.95 million; the total CWC contribution over the period of the Agreement as amended is estimated to be $6,950,000. To calculate the amount owed by CCWD and the Local Agency Partners, the total cost is reduced by reimbursements from the CWC and Reclamation, CCWD in-kind services funded by CCWD, the Local Agency Partners’ in-kind services, and the projected carryover of unspent funds from the original Agreement as amended.

Cost Share Agreement for LVE Project Planning Exhibit B-3 Page 2

The costs remaining after accounting for contributions from CWC, Reclamation, CCWD in-kind services, and Local Agency Partner in-kind services is $6,279,840 as shown in Table 3. This is equal to the Total Cost share defined in Section 3(a) of the Agreement as amended and will be split equally among CCWD and the Local Agency Partners, excluding Grassland Water District which will provide in-kind services only. The ultimate cost per agency depends on the total number of Local Agency Partners that proceed and execute this Amendment. Two equal invoices are proposed over the term of the Agreement as amended for CCWD and each Local Agency Partner.

Table 3. Cost to be Paid by CCWD and LAPs Amount Total Projected Costs $22,831,798 less Reclamation in-kind -$1,000,000 less Reclamation Funding thru Assistance Agreement -$5,707,958 less CCWD in-kind services (portion) -$294,000 less partner in-kind services -$1,100,000 less projected carryover of unspent funds from Amendment No.2 -$1,500,000 less projected CWC Invoice payments -$6,950,000 Total $6,279,840

Table 4 shows the invoice schedule and the total costs per agency varying by the total number of agencies participating. For purposes of calculating the amount to be invoiced, the “total number of agencies participating” is equal to the total number of parties signatory to this Amendment No. 3 (including CCWD) but excluding Grassland Water District and further excluding any signatory party which has completed its withdrawal from the Agreement prior to the time for payment.

Table 4. Cost per Agency and Invoice Schedule

Invoice #1 Invoice #2

Total Cost Per Agency January 2022 July 2022 7 Agencies Participate $897,120 $448,560 $448,560


OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT ACCEPTING COMPLETION OF UTILITY LOCATION SERVICES FOR THE ALVARADO-NILES PIPELINE SEISMIC IMPROVEMENT PROJECT, CONTRACT NO. 4147, WITH CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., JOB NO. 21192

___________________

WHEREAS, the BOARD OF DIRECTORS of ALAMEDA COUNTY WATER

DISTRICT by and through its Resolution No. 17-028 awarded a contract to Clean Harbors

Environmental Services, Inc. for Utility Location Services for the Alvarado-Niles Pipeline Seismic

Improvement Project, Job No. 21192; and

WHEREAS, the Board of Directors of said DISTRICT has been advised by its General

Manager that said contract has been substantially performed.

NOW, THEREFORE, BE IT RESOLVED that said Board does hereby accept the Utility

Location Services for the Alvarado-Niles Pipeline Seismic Improvement Project under the contract

with Clean Harbors Environmental Services, Inc. as complete.

BE IT FURTHER RESOLVED that District staff is hereby authorized and directed to file

a Notice of Completion covering acceptance of the work performed under the aforesaid contract.

PASSED AND ADOPTED this 12th day of August 2021, by the following vote:

AYES:

NOES:

ABSENT:

Aziz Akbari, President Board of DirectorsAlameda County Water District

ATTEST: APPROVED AS TO FORM:

Gina Markou, District Secretary Patrick T. Miyaki, General Counsel Alameda County Water District Alameda County Water District

(Seal)

RESOLUTION NO. ________

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT ADOPTING UPDATED FISCAL YEAR 2021/22 CONSOLIDATED SALARY SCHEDULE (ALL CLASSIFICATIONS) AND FISCAL YEAR 2021/22 OPERATING ENGINEERS LOCAL NO. 3 AND OPERATORS’ ASSOCIATION CAREER SERVICE PAY SALARY SCHEDULE

_________________________

WHEREAS, California Government Code Section 20636 requires that the base pay for

employees of a public agency that contracts with the California Public Employees’ Retirement

System (CalPERS) to provide retirement benefits to its employees be set forth in a “Publicly

Available Pay Schedule” to be reportable compensation for the purposes of calculating

retirement benefits for such employees; and

WHEREAS, California Code of Regulations (CCR) Section 570.5(a) sets forth the

CalPERS requirements for a “Publicly Available Pay Schedule,” and

WHEREAS, CCR Section 570.5(a)(1) further provides that a “Publicly Available Pay

Schedule” must be duly approved and adopted by the employer’s governing body in accordance

with requirements of applicable public meeting laws, and

WHEREAS, the attached updated Fiscal Year 2021/22 Consolidated Salary Schedule

reflects adjustments to salary ranges for classifications represented by the Alameda County

Water District Operators’ Association, based on the terms and conditions of a successor

Memorandum of Understanding as approved by the Board of Directors on July 8, 2021, and

makes no other changes to the Fiscal Year 2021/22 Consolidated Salary Schedule approved by

the Board on July 8, 2021; and

WHEREAS, as a supplement to the Consolidated Salary Schedule, the District maintains

the attached Career Service Pay Salary Schedule for Operating Engineers Local No. 3 and

Operators’ Association, which has been updated based on the terms and conditions of a

successor Memorandum of Understanding with the Operators’ Association as approved by the

Board of Directors on July 8, 2021.

NOW, THEREFORE, BE IT RESOLVED that the following updated Fiscal Year

2021/22 Salary Schedules, attached hereto, are approved and adopted by the Board of Directors

of the Alameda County Water District:

2

Attachment 1: Consolidated Salary Schedule (all classifications)

Attachment 2: Operating Engineers Local No. 3 and Operators’ Association Career Service Pay Salary Schedule

PASSED AND ADOPTED this 12th day of August 2021, by the following vote of the

Board:

AYES:

NOES:

ABSENT:

Aziz Akbari, President Board of Directors Alameda County Water District

ATTEST: APPROVED AS TO FORM: Gina Markou, District Secretary Patrick T. Miyaki, General Counsel Alameda County Water District Alameda County Water District

Job Code Job Description Classification Pay

Grade Effective Date Step 1 Step 2 Step 3 Step 4 Step 5

114-A Accountant 1 MCP 114Z 6/27/21 $91,778.91 $96,366.28 $101,186.80 $106,244.67 $111,558.79

135-A Accountant 2 MCP 135Z 6/27/21 $101,976.16 $107,074.24 $112,426.08 $118,050.40 $123,955.52

238-A Accounting & Treasury Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

058-A Accounting Assistant 1 OE3 058 6/28/20 $73,245.24 $76,908.98 $80,756.31 $84,794.60 $89,036.32

073-A Accounting Assistant 2 OE3 073 6/28/20 $78,980.23 $82,929.25 $87,076.69 $91,432.51 $96,004.13

200-A Accounting Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

121-A Administrative Analyst 1 MCP 121Z 6/27/21 $94,910.77 $99,654.68 $104,639.69 $109,870.16 $115,365.62

154-B Administrative Analyst 2 MCP 154Z 6/27/21 $111,659.29 $117,241.46 $123,101.48 $129,259.85 $135,725.69

095-A Administrative Assistant/ADS MCP 095Z 6/27/21 $83,280.51 $87,444.97 $91,821.15 $96,411.22 $101,234.84

150-A Advanced Treatment Facility Op OA 150Z 7/11/21 $110,481.33 $116,008.53 $121,808.53 $127,900.79 $134,293.99

150-B Advanced Wtr Treatment Plt Op OA 150Z 7/11/21 $110,481.33 $116,008.53 $121,808.53 $127,900.79 $134,293.99

182-A Associate Engineer MCP 182Z 6/27/21 $128,706.06 $135,143.96 $141,902.62 $148,997.87 $156,447.76

182-B Associate Hydrogeologist MCP 182Z 6/27/21 $128,706.06 $135,143.96 $141,902.62 $148,997.87 $156,447.76

082-C Auto Mechanic 1 OE3 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88

113-C Auto Mechanic 2 OE3 113 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29

133-J Business Analyst I MCP 133Z 6/27/21 $100,734.78 $105,770.80 $111,057.49 $116,613.34 $122,446.57

165-A Business Analyst II MCP 165Z 6/27/21 $118,512.16 $124,440.16 $130,663.52 $137,196.80 $144,056.64

114-B Buyer 1 MCP 114Z 6/27/21 $91,778.91 $96,366.28 $101,186.80 $106,244.67 $111,558.79

135-B Buyer 2 MCP 135Z 6/27/21 $101,976.16 $107,074.24 $112,426.08 $118,050.40 $123,955.52

125-A Chemist 1 MCP 125Z 6/27/21 $96,969.35 $101,821.43 $106,915.36 $112,259.65 $117,873.37

146-A Chemist 2 MCP 146Z 6/27/21 $107,748.16 $113,135.36 $118,790.88 $124,735.52 $130,975.52

108-F Construction Inspector 1 OE3 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62

137-A Construction Inspector 2 OE3 137 6/28/20 $108,838.42 $114,280.73 $119,995.87 $125,996.29 $132,296.84

080-D Customer Account Field Rep OE3 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75

029-B Customer Account Rep 1 OE3 029 6/28/20 $63,323.09 $66,490.74 $69,817.14 $73,309.71 $76,975.96

048-C Customer Account Rep 2 OE3 048 6/28/20 $69,673.26 $73,158.43 $76,817.22 $80,659.55 $84,692.90

063-A Customer Account Rep 3 OE3 063 6/28/20 $75,103.15 $78,858.69 $82,802.73 $86,945.23 $91,293.60

238-B Customer Service & Systems Mgr MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

200-B Customer Service Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

238-C Development Services Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

281-A Director of Eng & Tech Services EXEC 281Z 6/27/21 $210,653.71 $221,187.99 $232,251.86 $243,862.32 $256,057.67

281-B Director of Finance EXEC 281Z 6/27/21 $210,653.71 $221,187.99 $232,251.86 $243,862.32 $256,057.67

281-C Director of Operations and Maintenance EXEC 281Z 6/27/21 $210,653.71 $221,187.99 $232,251.86 $243,862.32 $256,057.67

281-D Director of Water Resources EXEC 281Z 6/27/21 $210,653.71 $221,187.99 $232,251.86 $243,862.32 $256,057.67

Alameda County Water DistrictConsolidated Salary Schedule *

Adopted By Resolution # __________, on 8/12/2021

* Excludes Career Service Pay and Performance Based Pay Ranges MCP: Management, Confidential, ProfessionalOE3: Operating Engineers Local 3OA: Operators AssociationTime Base: Annual Pay Grades with “Y” have been y-rated as a result of the 2020 Class and Compensation Study

Page 1 of 5 7/16/2021





200-C Distribution Maint Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

238-D Distribution Maintenance Mgr MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

129-A Electrician OE3 129 6/28/20 $104,569.43 $109,798.39 $115,290.30 $121,055.06 $127,110.06

144-A Emer & Security Svcs Planner MCP 144Z 6/27/21 $106,516.46 $111,841.52 $117,431.64 $123,306.37 $129,474.41

177-A Emergency and Security Services Supervisor MCP 177Z 6/27/21 $125,312.70 $131,577.81 $138,160.89 $145,066.11 $152,324.85

128-A Engineer 1 MCP 128Z 6/27/21 $98,464.18 $103,386.69 $108,554.22 $113,984.84 $119,686.59

128-B Engineer 1_YRATE MCP 128Y 6/28/20 $101,976.16 $107,076.32 $112,430.24 $118,052.48 $123,953.44

161-A Engineer 2 MCP 161Z 6/27/21 $115,835.80 $121,629.92 $127,712.74 $134,098.48 $140,803.41

161-B Engineer 2_YRATE MCP 161Y 6/28/20 $118,512.16 $124,440.16 $130,663.52 $137,196.80 $144,058.72

216-A Engineering Supervisor MCP 216Z 6/27/21 $152,967.36 $160,617.60 $168,648.48 $177,082.88 $185,937.44

080-C Engineering Technician 1 OE3 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75

108-B Engineering Technician 2 OE3 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62

122-A Engineering Technician 3 OE3 122 6/28/20 $100,965.20 $106,015.58 $111,316.48 $116,882.80 $122,726.94

138-A Environmental Specialist 1 MCP 138Z 6/27/21 $103,283.15 $108,451.15 $113,876.76 $119,569.01 $125,548.25

159-A Environmental Specialist 2 MCP 159Z 6/27/21 $114,763.78 $120,501.75 $126,525.50 $132,857.21 $139,503.50

168-A Executive Assistant/Dist Sec MCP 168Z 6/27/21 $119,706.08 $125,690.24 $131,976.00 $138,575.84 $145,506.40

103-D Facilities Maintenance Worker OE3 103 6/28/20 $91,797.15 $96,388.63 $101,208.31 $106,271.07 $111,586.86

238-E Facility Maintenance Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

221-A Financial Analysis Supervisor MCP 221Z 6/27/21 $156,737.28 $164,576.06 $172,804.87 $181,447.14 $190,519.92

145-A Financial Analyst 1 MCP 145Z 6/27/21 $106,665.01 $111,997.50 $117,595.42 $123,478.35 $129,654.98

165-B Financial Analyst 2 MCP 165Z 6/27/21 $118,512.16 $124,440.16 $130,663.52 $137,196.80 $144,056.64

050-B Gardener 1 OE3 050 6/28/20 $70,370.30 $73,890.18 $77,586.17 $81,465.73 $85,541.25

070-A Gardener 2 OE3 070 6/28/20 $77,789.57 $81,679.04 $85,764.50 $90,053.33 $94,557.99

094-B Gardener 3 OE3 094 6/28/20 $87,748.91 $92,136.99 $96,745.83 $101,585.34 $106,665.47

200-E General Facilities Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

335-A General Manager GM 335Z 6/27/21 $257,785.91 $270,677.63 $284,213.84 $298,424.11 $313,346.48

238-F Groundwater Resources Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

118-C Human Resources Analyst 1 MCP 118Z 6/27/21 $93,565.15 $98,241.80 $103,156.14 $108,312.45 $113,730.00

151-A Human Resources Analyst 2 MCP 151Z 6/27/21 $110,076.21 $115,579.24 $121,356.18 $127,427.25 $133,801.41

029-E Human Resources Assistant 1 MCP 029Z 6/27/21 $59,927.64 $62,925.19 $66,070.87 $69,380.26 $72,849.47

050-D Human Resources Assistant 2 MCP 050Z 6/27/21 $66,589.38 $69,921.68 $73,413.76 $77,089.03 $80,943.58

072-A Human Resources Technician 1 MCP 072Z 6/27/21 $73,987.47 $77,687.23 $81,575.08 $85,652.96 $89,938.32

092-A Human Resources Technician 2 MCP 092Z 6/27/21 $82,212.08 $86,317.64 $90,636.53 $95,166.80 $99,929.79

092-C Human Resources Technician 2_YRATE MCP 092Y 6/28/20 $88,175.36 $92,578.72 $97,210.88 $102,069.76 $107,178.24


Page 2 of 5 7/16/2021





238-G Human Resources/Risk Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

128-C Hydrogeologist 1 MCP 128Z 6/27/21 $98,464.18 $103,386.69 $108,554.22 $113,984.84 $119,686.59

128-D Hydrogeologist 1_YRATE MCP 128Y 6/28/20 $101,976.16 $107,076.32 $112,430.24 $118,052.48 $123,953.44

161-C Hydrogeologist 2 MCP 161Z 6/27/21 $115,835.80 $121,629.92 $127,712.74 $134,098.48 $140,803.41

161-D Hydrogeologist 2_YRATE MCP 161Y 6/28/20 $118,512.16 $124,440.16 $130,663.52 $137,196.80 $144,058.72

155-A Information Technology Administrator 1 MCP 155Z 6/27/21 $112,508.92 $118,134.15 $124,039.55 $130,246.85 $136,762.56

187-A Information Technology Administrator 2 MCP 187Z 6/27/21 $132,363.76 $138,981.75 $145,931.93 $153,230.22 $160,890.54

187-C Information Technology Administrator 2_YRATE MCP 187Y 6/28/20 $138,407.36 $145,327.52 $152,595.04 $160,226.56 $168,238.72

136-A Information Technology Analyst 1 MCP 136Z 6/27/21 $102,276.63 $107,394.26 $112,767.00 $118,403.78 $124,324.75

169-A Information Technology Analyst 2 MCP 169Z 6/27/21 $120,329.12 $126,347.23 $132,665.81 $139,295.90 $146,266.21

133-A Instrument Technician OE3 133 6/28/20 $106,680.36 $112,015.98 $117,617.03 $123,498.38 $129,674.92

238-H IT Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

204-A IT Supervisor MCP 204Z 6/27/21 $143,699.92 $150,888.75 $158,432.86 $166,355.68 $174,674.21

200-F Laboratory Services Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

046-A Laboratory Technician 1 OE3 046 6/28/20 $68,966.31 $72,416.73 $76,038.32 $79,840.98 $83,834.64

090-A Laboratory Technician 2 OE3 090 6/28/20 $86,007.59 $90,308.82 $94,825.90 $99,568.66 $104,547.11

080-B Meter Reader OE3 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75

141-A Meter Reader Supervisor MCP 141Z 6/27/21 $104,788.89 $110,030.81 $115,529.66 $121,309.16 $127,375.81

082-B Meter/Cross Connection Wrkr 1 OE3 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88

103-F Meter/Cross Connection Wrkr 2 OE3 103 6/28/20 $91,797.15 $96,388.63 $101,208.31 $106,271.07 $111,586.86

108-C Network Technician OE3 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62

029-A Office Assistant 1 OE3 029 6/28/20 $63,323.09 $66,490.74 $69,817.14 $73,309.71 $76,975.96

048-B Office Assistant 2 OE3 048 6/28/20 $69,673.26 $73,158.43 $76,817.22 $80,659.55 $84,692.90

063-B Office Assistant 3 OE3 063 6/28/20 $75,103.15 $78,858.69 $82,802.73 $86,945.23 $91,293.60

134-A Office Supervisor MCP 134Z 6/27/21 $101,746.97 $106,836.73 $112,175.95 $117,787.68 $123,678.22

134-B Office Supervisor_YRATE MCP 134Y 6/28/20 $103,005.76 $108,162.08 $113,568.00 $119,248.48 $125,209.76

197-A Operations Systems Administrator MCP 197Z 6/27/21 $138,977.86 $145,929.56 $153,227.63 $160,889.13 $168,933.59

137-C Planner/Scheduler OE3 137 6/28/20 $108,838.42 $114,280.73 $119,995.87 $125,996.29 $132,296.84

238-I Project Engineering Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

115-A Public Affairs Specialist 1 MCP 115Z 6/27/21 $92,356.78 $96,973.03 $101,823.90 $106,913.62 $112,261.20

148-A Public Affairs Specialist 2 MCP 148Z 6/27/21 $108,654.60 $114,086.56 $119,788.89 $125,781.55 $132,073.40

200-G Public Affairs Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

200-H Purchasing Officer MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

184-A QA/QC Officer MCP 184Z 6/27/21 $130,375.93 $136,894.18 $143,743.24 $150,927.47 $158,479.50


Page 3 of 5 7/16/2021





163-A Senior Accountant MCP 163Z 6/27/21 $117,269.26 $123,138.17 $129,289.53 $135,757.64 $142,548.54

172-A Senior Administrative Analyst MCP 172Z 6/27/21 $122,820.53 $128,964.04 $135,413.64 $142,184.43 $149,293.65

193-B Senior Business Analyst MCP 193Z 6/27/21 $136,292.99 $143,107.43 $150,263.93 $157,778.87 $165,666.59

193-D Senior Business Analyst_YRATE MCP 193Y 6/28/20 $138,407.36 $145,327.52 $152,595.04 $160,226.56 $168,238.72

163-B Senior Buyer MCP 163Z 6/27/21 $117,269.26 $123,138.17 $129,289.53 $135,757.64 $142,548.54

163-C Senior Buyer_YRATE MCP 163Y 6/28/20 $120,902.08 $126,952.80 $133,296.80 $139,963.20 $146,964.48

166-A Senior Chemist MCP 166Z 6/27/21 $118,520.94 $124,452.50 $130,669.51 $137,206.66 $144,070.05

166-B Senior Chemist_YRATE MCP 166Y 6/28/20 $120,902.08 $126,952.80 $133,294.72 $139,963.20 $146,964.48

196-A Senior Engineer MCP 196Z 6/27/21 $138,407.36 $145,327.52 $152,595.04 $160,226.56 $168,236.64

193-A Senior Financial Analyst MCP 193Z 6/27/21 $136,292.99 $143,107.43 $150,263.93 $157,778.87 $165,666.59

193-C Senior Financial Analyst_YRATE MCP 193Y 6/28/20 $138,407.36 $145,327.52 $152,595.04 $160,226.56 $168,238.72

171-A Senior Human Resources Analyst MCP 171Z 6/27/21 $121,078.85 $127,135.24 $133,493.38 $140,168.16 $147,176.57

111-A Senior Human Resources Technician MCP 111Z 6/27/21 $90,433.28 $94,949.40 $99,700.18 $104,683.48 $109,922.77

187-B Senior Information Technology Analyst MCP 187Z 6/27/21 $132,363.76 $138,981.75 $145,931.93 $153,230.22 $160,890.54

187-D Senior Information Technology Analyst_YRATE MCP 187Y 6/28/20 $138,407.36 $145,327.52 $152,595.04 $160,226.56 $168,238.72

143-A Senior Instrument Technician OE3 143 6/28/20 $112,167.31 $117,775.79 $123,664.57 $129,848.55 $136,342.60

167-B Senior Public Affairs Specialist MCP 167Z 6/27/21 $119,515.50 $125,493.69 $131,769.74 $138,358.33 $145,276.25

238-L Special Assistant to GM MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

068-C Storekeeper 1 OE3 068 6/28/20 $77,015.65 $80,867.92 $84,913.67 $89,160.34 $93,620.36

082-G Storekeeper 2 OE3 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88

200-D Systems Maintenance Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

206-A Treatment & Distribution Supervisor MCP 206Z 6/27/21 $145,425.91 $152,701.08 $160,335.81 $168,353.78 $176,772.23

077-A Treatment Facilities Op Trn OA 077Z 7/11/21 $76,330.97 $80,149.25 $84,157.77 $88,366.14 $92,782.04

077-B Treatment Facilities Op Trn_YRATE OA 077Y 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88

122-T Treatment Facilities Operator OA 122Z 7/11/21 $95,413.45 $100,183.61 $105,194.33 $110,457.96 $115,980.65

122-W Treatment Facilities Operator_YRATE OA 122Y 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29

094-C Utility Mechanic 1 OE3 094 6/28/20 $87,748.91 $92,136.99 $96,745.83 $101,585.34 $106,665.47

113-A Utility Mechanic 2 OE3 113 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29

068-A Utility Worker 1 OE3 068 6/28/20 $77,015.65 $80,867.92 $84,913.67 $89,160.34 $93,620.36



118-A Utility Worker Leader OE3 118 6/28/20 $98,958.47 $103,907.12 $109,103.85 $114,561.02 $120,291.06

098-A Water Controller 1 OE3 098 6/28/20 $89,524.99 $94,002.35 $98,702.96 $103,639.24 $108,823.54

118-B Water Controller 2 OE3 118 6/28/20 $98,958.47 $103,907.12 $109,103.85 $114,561.02 $120,291.06


Page 4 of 5 7/16/2021





128-E Water Operations Analyst 1 MCP 128Z 6/27/21 $98,464.18 $103,386.69 $108,554.22 $113,984.84 $119,686.59

128-F Water Operations Analyst 1_YRATE MCP 128Y 6/28/20 $101,976.16 $107,076.32 $112,430.24 $118,052.48 $123,953.44

161-E Water Operations Analyst 2 MCP 161Z 6/27/21 $115,835.80 $121,629.92 $127,712.74 $134,098.48 $140,803.41

238-J Water Production Manager MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

238-K Water Supply and Planning Mgr MCP 238Z 6/27/21 $170,628.77 $179,162.19 $188,123.81 $197,529.01 $207,408.54

200-K Water Supply Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

132-G Water Treatment Plant Operator OA 132Z 7/11/21 $100,437.44 $105,461.22 $110,733.22 $116,270.41 $122,085.52

093-C Water Treatment Plant Opr Trn OA 093Z 7/11/21 $80,348.39 $84,367.63 $88,587.12 $93,016.98 $97,665.31

093-F Water Treatment Plant Opr Trn_YRATE OA 093Y 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88

139-A Water Use Efficiency Specialist 1 MCP 139Z 6/27/21 $104,311.64 $109,525.44 $115,004.21 $120,752.75 $126,792.54

162-O Water Use Efficiency Specialist 2 MCP 162Z 6/27/21 $115,901.37 $121,695.61 $127,778.26 $134,170.60 $140,882.09

200-J Water Use Efficiency Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

200-L Well Ordinance Supervisor MCP 200Z 6/27/21 $140,491.52 $147,519.84 $154,895.52 $162,641.44 $170,774.24

180-A Workplace Health and Safety Officer MCP 180Z 6/27/21 $127,918.79 $134,314.20 $141,034.18 $148,083.00 $155,492.71


Page 5 of 5 7/16/2021

Job Code Job Description Pay

Grade Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Max. Salary *

058-A Accounting Assistant 1 058 6/28/20 $73,245.24 $76,908.98 $80,756.31 $84,794.60 $89,036.32 $92,597.77

073-A Accounting Assistant 2 073 6/28/20 $78,980.23 $82,929.25 $87,076.69 $91,432.51 $96,004.13 $99,844.30

150-A Advanced Treatment Facility Op 150Z 7/11/21 $110,481.33 $116,008.53 $121,808.53 $127,900.79 $134,293.99 $139,665.75

150-B Advanced Wtr Treatment Plt Op 150Z 7/11/21 $110,481.33 $116,008.53 $121,808.53 $127,900.79 $134,293.99 $139,665.75

082-C Auto Mechanic 1 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

113-C Auto Mechanic 2 113 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29 $122,022.46

108-F Construction Inspector 1 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62 $118,996.40

137-A Construction Inspector 2 137 6/28/20 $108,838.42 $114,280.73 $119,995.87 $125,996.29 $132,296.84 $137,588.71

080-D Customer Account Field Rep 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75 $103,406.94

029-B Customer Account Rep 1 029 6/28/20 $63,323.09 $66,490.74 $69,817.14 $73,309.71 $76,975.96 $80,055.00

048-C Customer Account Rep 2 048 6/28/20 $69,673.26 $73,158.43 $76,817.22 $80,659.55 $84,692.90 $88,080.62

063-A Customer Account Rep 3 063 6/28/20 $75,103.15 $78,858.69 $82,802.73 $86,945.23 $91,293.60 $94,945.34

129-A Electrician 129 6/28/20 $104,569.43 $109,798.39 $115,290.30 $121,055.06 $127,110.06 $132,194.46

080-C Engineering Technician 1 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75 $103,406.94

108-B Engineering Technician 2 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62 $118,996.40

122-A Engineering Technician 3 122 6/28/20 $100,965.20 $106,015.58 $111,316.48 $116,882.80 $122,726.94 $127,636.02

103-D Facilities Maintenance Worker 103 6/28/20 $91,797.15 $96,388.63 $101,208.31 $106,271.07 $111,586.86 $116,050.33

050-B Gardener 1 050 6/28/20 $70,370.30 $73,890.18 $77,586.17 $81,465.73 $85,541.25 $88,962.90

070-A Gardener 2 070 6/28/20 $77,789.57 $81,679.04 $85,764.50 $90,053.33 $94,557.99 $98,340.31

094-B Gardener 3 094 6/28/20 $87,748.91 $92,136.99 $96,745.83 $101,585.34 $106,665.47 $110,932.09

133-A Instrument Technician 133 6/28/20 $106,680.36 $112,015.98 $117,617.03 $123,498.38 $129,674.92 $134,861.92

046-A Laboratory Technician 1 046 6/28/20 $68,966.31 $72,416.73 $76,038.32 $79,840.98 $83,834.64 $87,188.03

090-A Laboratory Technician 2 090 6/28/20 $86,007.59 $90,308.82 $94,825.90 $99,568.66 $104,547.11 $108,728.99

080-B Meter Reader 080 6/28/20 $81,798.12 $85,888.52 $90,184.80 $94,694.41 $99,429.75 $103,406.94

082-B Meter/Cross Connection Wrkr 1 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

103-F Meter/Cross Connection Wrkr 2 103 6/28/20 $91,797.15 $96,388.63 $101,208.31 $106,271.07 $111,586.86 $116,050.33

108-C Network Technician 108 6/28/20 $94,128.86 $98,836.91 $103,780.62 $108,969.89 $114,419.62 $118,996.40

029-A Office Assistant 1 029 6/28/20 $63,323.09 $66,490.74 $69,817.14 $73,309.71 $76,975.96 $80,055.00

048-B Office Assistant 2 048 6/28/20 $69,673.26 $73,158.43 $76,817.22 $80,659.55 $84,692.90 $88,080.62

063-B Office Assistant 3 063 6/28/20 $75,103.15 $78,858.69 $82,802.73 $86,945.23 $91,293.60 $94,945.34

137-C Planner/Scheduler 137 6/28/20 $108,838.42 $114,280.73 $119,995.87 $125,996.29 $132,296.84 $137,588.71

Alameda County Water DistrictCareer Service Pay Salary Schedule (Operating Engineers Local 3 and Operators Association)

Adopted By Resolution # ________ on 8/12/2021

* Includes Career Service Pay

Pay Grades with "Y" have been y-rated as a result of the 2020 Class

and Compensation Study

Time Base: Annual Page 1 of 2 7/16/2021

Job Code Job Description Pay

Grade Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Max. Salary *

Alameda County Water DistrictCareer Service Pay Salary Schedule (Operating Engineers Local 3 and Operators Association)

Adopted By Resolution # ________ on 8/12/2021

143-A Senior Instrument Technician 143 6/28/20 $112,167.31 $117,775.79 $123,664.57 $129,848.55 $136,342.60 $141,796.30

068-C Storekeeper 1 068 6/28/20 $77,015.65 $80,867.92 $84,913.67 $89,160.34 $93,620.36 $97,365.17

082-G Storekeeper 2 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

077-A Treatment Facilities Op Trn 077Z 7/11/21 $76,330.97 $80,149.25 $84,157.77 $88,366.14 $92,782.04 $96,493.32

077-B Treatment Facilities Op Trn_YRATE 077Y 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

122-T Treatment Facilities Operator 122Z 7/11/21 $95,413.45 $100,183.61 $105,194.33 $110,457.96 $115,980.65 $120,619.88

122-W Treatment Facilities Operator_YRATE 122Y 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29 $122,022.46

094-C Utility Mechanic 1 094 6/28/20 $87,748.91 $92,136.99 $96,745.83 $101,585.34 $106,665.47 $110,932.09

113-A Utility Mechanic 2 113 6/28/20 $96,522.58 $101,349.69 $106,417.43 $111,740.65 $117,329.29 $122,022.46

068-A Utility Worker 1 068 6/28/20 $77,015.65 $80,867.92 $84,913.67 $89,160.34 $93,620.36 $97,365.17

082-A Utility Worker 2 082 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

103-A Utility Worker 3 103 6/28/20 $91,797.15 $96,388.63 $101,208.31 $106,271.07 $111,586.86 $116,050.33

118-A Utility Worker Leader 118 6/28/20 $98,958.47 $103,907.12 $109,103.85 $114,561.02 $120,291.06 $125,102.70

098-A Water Controller 1 098 6/28/20 $89,524.99 $94,002.35 $98,702.96 $103,639.24 $108,823.54 $113,176.48

118-B Water Controller 2 118 6/28/20 $98,958.47 $103,907.12 $109,103.85 $114,561.02 $120,291.06 $125,102.70

132-G Water Treatment Plant Operator 132Z 7/11/21 $100,437.44 $105,461.22 $110,733.22 $116,270.41 $122,085.52 $126,968.94

093-C Water Treatment Plant Opr Trn 093Z 7/11/21 $80,348.39 $84,367.63 $88,587.12 $93,016.98 $97,665.31 $101,571.92

093-F Water Treatment Plant Opr Trn_YRATE 093Y 6/28/20 $82,621.67 $86,754.23 $91,092.69 $95,649.42 $100,431.88 $104,449.16

* Includes Career Service Pay

Pay Grades with "Y" have been y-rated as a result of the 2020 Class

and Compensation Study

Time Base: Annual Page 2 of 2 7/16/2021


OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT HONORING ANDREW J. WARREN UPON HIS RETIREMENT FROM DISTRICT SERVICE

___________________

WHEREAS, the BOARD OF DIRECTORS of ALAMEDA COUNTY WATER

DISTRICT desires to officially express the District’s appreciation for the services so ably rendered

by Andrew J. Warren for serving continuously as an employee from April 28, 1997, to his

retirement on September 4, 2021; and

WHEREAS, during his over 24 years of service, he consistently demonstrated a high

degree of dedication and loyalty to the District and to his fellow employees.

NOW, THEREFORE, BE IT RESOLVED by the BOARD OF DIRECTORS of

ALAMEDA COUNTY WATER DISTRICT that there be and hereby is proclaimed, individually

and on behalf of the people of this District, an expression of appreciation for the distinguished

service of Andrew J. Warren in his official duties as an employee of this District.

BE IT FURTHER RESOLVED that this Resolution of official recognition and

appreciation be spread upon the official records of the District.


AYES:

NOES:

ABSENT:

ABSTAIN:

Aziz Akbari, President

Board of Directors Alameda County Water District ATTEST: Gina Markou, District Secretary Alameda County Water District (Seal)

Page 1 of 3


OF THE BOARD OF DIRECTORS OF THE ALAMEDA COUNTY WATER DISTRICT AUTHORIZING EXECUTION OF THE LOS VAQUEROS RESERVOIR JOINT EXERCISE OF POWERS AGREEMENT

WHEREAS, the Board of Directors of the Alameda County Water District (District)

continues to proactively seek ways to enhance water supply, conveyance and storage operational

flexibility and improve long-term water supply reliability for the District and its customers; and

WHEREAS, the District has a long-term water supply contract for the delivery of State

Water Project (SWP) water via Bethany Reservoir and the South Bay Aqueduct; and

WHEREAS, the Los Vaqueros Reservoir Expansion Project (Project) includes expansion

of the Los Vaqueros Reservoir from its current capacity of 160,000 acre-feet to 275,000 acre-feet,

and construction of a pipeline between Contra Costa Water District’s (CCWD) Transfer Pump

Station and the State Water Project’s California Aqueduct at Bethany Reservoir (Transfer-Bethany

Pipeline); and

WHEREAS, the Project is adjacent to the Sacramento-San Joaquin Delta (Delta) and has

the potential to capture Delta surpluses, provide additional operational flexibility, facilitate

efficient transfers to and from Local Area Partners (LAPs), and provide emergency water supply

to the District in the case of a Delta outage; and

WHEREAS, the District has participated as a LAP and provided funding for planning and

design activities through approval of a multi-party Cost Share Agreement for Los Vaqueros

Reservoir Expansion Project Planning on April 30, 2019 and approval of Amendments No. 1 and

2 on June 5, 2020 and September 11, 2020, respectively; and

WHEREAS, the District has conducted preliminary financial and water resources analyses,

using currently available information subject to uncertainties, to evaluate preliminary Project costs

and benefits to the District that indicate the Project remains a good investment for the District; and

Page 2 of 3

WHEREAS, the District has identified additional benefits of the Project for future

operations, such as resiliency in the event of a Sacramento-San Joaquin Delta outage, new

flexibility to optimize local and off-site storage and reliability, and new partnership opportunities;

and

WHEREAS, over the past year the LAPs have worked collaborative to develop the Los

Vaqueros Reservoir Joint Exercise of Powers Agreement to form the Los Vaqueros Reservoir Joint

Powers Authority that will govern the implementation of the Project; and

WHEREAS, execution of the Joint Exercise of Powers Agreement and participation in the

Los Vaqueros Reservoir Joint Powers Authority at this time does not constitute a financial

commitment to fund construction of the Project; and

WHEREAS, the District desires to continue participating in planning and design activities

for the Project and work with the LAPs through the Los Vaqueros Reservoir Joint Powers

Authority to develop plans and agreements for Project implementation; and

WHEREAS, creating and joining the JPA are administrative and organizational actions

that will not result in a direct physical change in the environment or a reasonably foreseeable

indirect change to the environment, and thus is not a project as defined by California

Environmental Quality Act Guidelines section 15378(b)(5).

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Alameda

County Water District:

1. The above recitals are true and correct and are incorporated herein by reference as anoperative portion of this Resolution.

2. The General Manager is authorized to execute a Los Vaqueros Reservoir Expansion JointExercise of Powers Agreement in substantially the same form as attached as Exhibit A.

3. The General Manager is authorized to take further actions as may be necessary to giveeffect to the action taken in this Resolution.

Page 3 of 3


AYES:

NOES:

ABSENT:

Aziz Akbari, President Board of DirectorsAlameda County Water District

ATTEST: APPROVED AS TO FORM:


(Seal)

1

LOS VAQUEROS RESERVOIR JOINT EXERCISE OF POWERS AGREEMENT

THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date defined below, by and between the parties listed on Exhibit A attached hereto, which is incorporated herein by this reference. Those parties are referred to in this Agreement individually as a “Member” and collectively as the “Members,” as further defined in Section 1.1.22, below.

RECITALS

A. Each Member is a public agency authorized and empowered to contract for the jointexercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1(commencing with Section 6500) of the Government Code of the State of California;and

B. Each Member has the power to plan for, design, construct, operate, maintain, repair,and replace water-related facilities, as contemplated in the Project, as defined inSection 1.1.26, below; and

C. The Members desire to use any and every power common to them for the purpose ofdesigning, and for their potential participation in, constructing, operating, repairingand maintaining the Project, or taking such other actions that will make the use of theProject more efficient or effective in providing the Members and their respectiveratepayers a more reliable and affordable water supply, but nothing in this Agreementshall provide any power to Contra Costa Water District to unilaterally suspend thedelivery of Project benefits to a Member; and

D. Contra Costa Water District’s Board of Directors adopted Resolution No. 21-006 at aregularly scheduled meeting on April 7, 2021 that found and determined the Project,as contemplated by this Agreement, is consistent with the applicable principles of thatdistrict included in its Resolution 03-24, adopted on June 25, 2003; and

E. The Members desire, by means of this Agreement, to establish a new public agencythat is separate and apart from each of the Members, to provide for its governanceand administration, and to create a structure for Members to assist in the design,construction, operation, and administration of the Project as the Members may elect,and for related purposes. This Agreement does not legally bind or otherwise committhe Authority or the Members to participate in or otherwise proceed with the Project.The Members will comply with the California Environmental Quality Act (“CEQA”), asapplicable, prior to participating or otherwise proceeding with the Project. TheMembers further acknowledge the Project has been the subject of prior review incompliance with CEQA and that Contra Costa Water District, as lead agency, hascompleted and certified an environmental impact report concerning the Project; and

F. Establishing and joining the Authority are administrative and organizational actionsthat will not result in a direct physical change in the environment or a reasonablyforeseeable indirect change to the environment, and thus is not a project as definedby CEQA Guidelines section 15378(b)(5).

NOW THEREFORE, in consideration of the above Recitals and of the mutual promises and agreements contained herein, the Members agree as follows:

EXHIBIT A

2

ARTICLE 1 GENERAL PROVISIONS

1.1 Definitions. The words and terms defined in this Section 1.1 shall, for the purposes of this Agreement, have the meanings herein specified.

1.1.1 Act means Articles 1 through 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies, as amended or supplemented from time to time.

1.1.2 Administrative Agreement means the agreement between the Authority and the Administrator under which the Administrator will provide administrative services to the Authority and will be reimbursed for the costs of those services.

1.1.3 Administrator means the person or entity engaged by the Board of Directors to manage and administer the financial and administrative activities of the Authority in accordance with Section 4.5, below.

1.1.4 Agreement means this Joint Exercise of Powers Agreement.

1.1.5 Authority means the Los Vaqueros Reservoir Joint Powers Authority, which is created by this Agreement.

1.1.6 Board or Board of Directors means the Board of Directors referred to in Article 2 of this Agreement, which is the governing body of the Authority.

1.1.7 Bonds means bonds, notes, commercial paper, and any other evidence of indebtedness of the Authority authorized and issued pursuant to the Act, any indebtedness issued or incurred by the Authority pursuant to any act supplementary to the Act, including, but not limited to, refunding bonds authorized and issued pursuant to Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

1.1.8 Capacity Usage Rights means the Authority’s rights to Project water transmission and storage capacity, which the Authority may then assign to each Member under the terms of the Service Agreements.

1.1.9 CCWD means Contra Costa Water District, a county water district formed under Division 12 of the Water Code, and the owner of the Los Vaqueros Reservoir.

1.1.10 CCWD-Provided Facility means an existing facility owned and operated by CCWD with excess capacity that has been made available for use by the Authority in accordance with the Facilities Usage Agreement between CCWD and the Authority. CCWD-Provided Facilities are listed and identified in Exhibit B, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a CCWD-Provided Facility on Exhibit B does not give the Authority any Capacity Usage Rights to use that facility, except as provided in the Facilities Usage Agreement between CCWD and the Authority.

1.1.11 Costs of Service mean the costs of Services included in the payments, or other non-monetary benefits, the Authority will receive from Members pursuant to the Service Agreements or any Related Activity Agreement. The Costs of Service, which shall be as fully described and specified in the respective Service Agreements or any Related Activity Agreement, include, but are not limited to, all Project capital costs and operating expenses, such as Project development costs; debt service, to the extent applicable under any agreed upon financing vehicle, including interest on

3

any Bonds; amounts payable to CCWD and EBMUD under the Facilities Usage Agreements; operations and maintenance costs of the Project or of any Related Activity; Authority administrative expenses; capital reserve payments; and payments to a renewal and replacement fund the Authority will establish.

1.1.12 Design & Construction Agreement means the design and construction agreements the Authority will enter into with CCWD for the New Facilities and Modified Facilities for which CCWD is designated as the builder on Exhibit B hereto; and with EBMUD for the New Facilities and Modified Facilities for which EBMUD is designated as the builder on Exhibit B hereto. Those agreements will address the design and construction services to be provided by the contracting party in accordance with industry standards, and the Authority’s payment obligations for such design and construction services.

1.1.13 Director means a member of the Board appointed to the Board pursuant to Section 2.2 of this Agreement or a duly appointed alternate acting for the appointed Board member in his or her absence.

1.1.14 Early Funding Agreement means the agreement between the California Water Commission and CCWD, dated December 20, 2018 and as amended on July 24, 2020, and as it may subsequently be amended, to partially fund Project development activities. The Early Funding Agreement cannot be assigned to the Authority.

1.1.15 EBMUD means East Bay Municipal Utility District, a municipal utility district formed under Division 6 of the Public Utilities Code.

1.1.16 EBMUD-Provided Facility means an existing facility owned and operated by EBMUD, that may be made available for use by the Authority in accordance with, and to the extent provided by, the Facilities Usage Agreement between EBMUD and the Authority. EBMUD-Provided Facilities are listed and identified in Exhibit B as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of an EBMUD-Provided Facility on Exhibit B does not give the Authority any Capacity Usage Rights to use that facility, except as provided in the Facilities Usage Agreement between EBMUD and the Authority.

1.1.17 Effective Date means the date the last Member signs this Agreement, as CCWD shall confirm in written notice to the Members.

1.1.18 Facilities Usage Agreement means the agreements entered into by the Authority and CCWD as to CCWD-Provided Facilities and, as may be applicable, any New Facilities and Modified Facilities for which CCWD is designated as the operator on Exhibit B hereto; and by the Authority and EBMUD as to EBMUD-Provided Facilities and, as may be applicable, any New Facilities and Modified Facilities for which EBMUD is designated as the operator on Exhibit B hereto. Each Facilities Usage Agreement shall provide the Authority with Capacity Usage Rights in some or all of those facilities in exchange for making payments to CCWD or EBMUD, as applicable. Each Facilities Usage Agreement shall specify the nature and extent of Capacity Usage Rights conveyed, the terms and conditions under which those rights may be exercised, and the payment to be made in return for obtaining or exercising Capacity Usage Rights. The Authority may assign its Capacity Usage Rights obtained through Facilities Usage Agreements to one or more Members through the Service Agreements.

1.1.19 Final Funding Agreement means the agreement entered into by the Authority and the California Water Commission under which the California Water Commission agrees to provide funding of approximately $435 million (subject to adjustment) to partially finance design and

4

construction of the Project, and the Authority agrees to construct the Project and comply with related contractual obligations in providing public benefits.

1.1.20 Fiscal Year means the period commencing on July 1 of each year and ending on and including the following June 30.

1.1.21 Interim Funding Agreement means the agreement entered into among the Members and the Authority, following formation of the Authority, to provide an interim source of funding for Project development costs, including the initial expenses related to the formation of the Authority, prior to the time where permanent sources of Authority revenues are in place. The Interim Funding Agreement is separate from the Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning, as amended, among the agencies who will become Members, which has provided funding for Project-related functions prior to formation of the Authority, and from the Service Agreements, which are expected to provide funding to the Authority once it is in a position to provide Services to the Members. It is contemplated the above-referenced Cost Share Agreement, as amended, will provide funding before formation of the Authority, the Interim Funding Agreement will provide funding in the early stages after formation of the Authority and the Service Agreements will provide permanent, ongoing funding for the Authority.

1.1.22 Member means any of the members of the Authority, as listed on Exhibit A hereto, and any other entity added to this Agreement by a subsequent amendment to Exhibit A that executes this Agreement. As used herein, the term “Member” shall not include the Department of Water Resources, which pursuant to Water Code Section 79759(b), shall be an ex officio non-voting member of the Authority.

1.1.23 Modified Facilities means existing facilities owned by CCWD or EBMUD that will be modified as part of the Project, funded in whole or in part through the Authority’s proportional share of the costs of development, design, construction, operations and maintenance which are expected to be financed or paid through the Service Agreements the Members enter into with the Authority, and through Design & Construction Agreements and O & M Agreements between the Authority and CCWD and EBMUD, as applicable, or through one or more Related Activity Agreements among those Members benefitting from specific Modified Facility(ies). The Modified Facilities are identified on Exhibit B hereto, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a Modified Facility on Exhibit B does not give any Member other than CCWD or EBMUD, as the operator of that facility, any Capacity Usage Rights in that facility, except as provided in any Facilities Usage Agreement. A Modified Facility may also be referred to as a “specific component” of the Project for purposes of describing specific Modified Facilities to be included in particular financings the Authority will undertake.

1.1.24 New Facilities means facilities necessary for the Project that are expected to

be financed by the Authority and designed, built, owned, operated and maintained by CCWD or EBMUD through Design & Construction Agreements and O & M Agreements between the Authority and CCWD and EBMUD, as applicable, or through one or more Related Activity Agreements among those Members benefitting from specific New Facility(ies). The Authority may also own New Facilities. New Facilities which are owned by the Authority may be operated by a Member or by the Authority, as the Board shall determine with the written agreement of the Member to be charged with operational responsibility. The Authority, including CCWD and EBMUD in their capacity as Members, is expected to be solely responsible for all costs and liabilities related to the New Facilities. The New Facilities are identified on Exhibit B hereto, as it may be subsequently amended to reflect changes to the Project in accordance with Section 8.2, below; provided that inclusion of a New Facility on Exhibit B does not give any Member other than CCWD or EBMUD, as the operator of that facility, any Capacity Usage Rights in that facility, except as provided in any Facilities Usage

5

Agreement. A New Facility may also be referred to as a “specific component” of the Project for purposes of describing specific New Facilities to be included in particular financings the Authority will undertake.

1.1.25 O & M Agreement means the operations and maintenance agreements the Authority will enter into with CCWD for the New Facilities and Modified Facilities for which CCWD is designated as the operator on Exhibit B hereto; and with EBMUD for the New Facilities and Modified Facilities for which EBMUD is designated as the operator on Exhibit B hereto. Those agreements will address operations and maintenance services to be provided by the contracting party in accordance with industry standards, and the payment for such services the Authority will be obligated to make.

1.1.26 Project means generally the second phase of the efforts to expand existing conveyance facilities, and construct new conveyance facilities, at the Los Vaqueros Reservoir owned and operated by CCWD. The Project will expand Los Vaqueros Reservoir to a capacity up to 275,000 acre-feet and will interconnect CCWD’s intake system to new and existing conveyance facilities that will serve the Members to create a regional system. The Project is expected to provide statewide public benefits, including ecosystem benefits to the Project Service Area, including south-of-Delta wildlife refuges, drought and non-drought emergency water supply benefits for the Members, and recreation benefits. The Project is also expected to provide benefits to regional water supply agencies that are Members located within the Project Service Area, integration with state and federal water systems, Central Valley Project operational flexibility, and enhanced opportunities for sustainable groundwater and recycled water management. The Project includes the components specified in Exhibit B hereto as to be more specifically described in subsequent agreements, including New Facilities, Modified Facilities, CCWD-Provided Facilities and EBMUD-Provided Facilities. The Project may include any Related Activity approved by the Board and facilities associated therewith.

1.1.27 Project Service Area means the San Francisco Bay Area (consisting of the counties of Alameda, Contra Costa, Marin, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Solano and Sonoma) and the Central Valley Project service area (as it may be modified from time to time).

1.1.28 Recreational Facilities means those facilities owned, managed and controlled by CCWD that provide recreational opportunities in the Watershed for fishing, boating and hiking, and educational opportunities. The Recreational Facilities are included as a Modified Facility for purposes of this Agreement, which CCWD shall continue to own, manage and control. Funding issues with respect to Recreational Facilities shall be addressed in a Member’s Service Agreement.

1.1.29 Related Activity means an effort, not deemed to be of general benefit to all Members, but consistent with this Agreement’s purposes and the Authority’s objectives, which is undertaken through the Authority by a subset of Members which choose to voluntarily participate in the particular Related Activity, and with respect to which only such participating Members shall receive benefits or incur financial or other obligations.

1.1.30 Related Activity Agreement means the agreement entered into among the Authority and those Members participating in a Related Activity, which sets forth the Authority’s and participating Members’ rights and obligations with respect to that Related Activity.

1.1.31 Reservoir System means the Los Vaqueros Dam, Reservoir, the other CCWD-Provided Facilities listed on Exhibit B, related buildings and structures and any appurtenant facilities.

1.1.32 Reservoir System Operator means CCWD in its capacity as the owner and operator of the Reservoir System.

6

1.1.33 Services mean the services of the Project provided to the Members pursuant to the respective Service Agreements, consisting, in general, of water storage and conveyance through the various facilities to which the Authority has contracted to have access and use in accordance with each Member’s share of Capacity Usage Rights held by the Authority pursuant to the Facilities Usage Agreements. Specific services to be provided to Members will depend on Members’ requests, water delivery priorities specified in the Service Agreements, hydrological conditions and permit and regulatory conditions.

1.1.34 Service Agreement means an agreement entered into by a Member and the Authority pursuant to which the Authority provides Services to the Member and the Member is obligated to make payments, or provide other non-monetary benefits to the Authority with respect to the costs thereof, as consideration for those Services, all in accordance with the terms and conditions of any such Service Agreement. It is the intent of the Members that the Service Agreements shall allocate the Costs of Service among the Members in proportion to their anticipated use of Project facilities and other benefits a Member derives from the Project in accordance with the “beneficiary pays” principle. It is also the intent of the Members that the Service Agreements will also allocate costs in a manner to negate any cross-subsidy among Members (i.e., where any Member obtains an unreasonable financial benefit through financial contributions of another Member or other Members), taking into consideration any grant funding the Authority or any Member has received for Project-related costs.

1.1.35 Watershed means the Los Vaqueros Watershed, which is owned and managed by CCWD, consisting of approximately 20,000 acres of protected watershed land that surrounds the Los Vaqueros Reservoir. CCWD shall continue to own and manage the Watershed throughout the term of this Agreement.

1.2. Findings. The Members find and declare the following:

1.2.1. The Members represent a diverse group of public agencies engaged in water

management, conservation, and/or delivery in the Project Service Area. This area’s regional water systems are vulnerable to water shortages due to emergencies such as earthquakes, fire, or drought, and to dry year supply decreases due to insufficient regional storage.

1.2.2. The Project will improve Bay-Delta and Central Valley water supply reliability

and water quality while providing additional habitat and Delta ecosystem benefits. 1.2.3. The Authority is created to enable public agencies responsible for water

distribution to work collaboratively with a regional focus to improve water supply reliability through the development and operation of the Project.

1.3 Purposes and Objectives. The purposes of this Agreement are to: (1) create the

Authority; (2) provide for the administration of the Authority; (3) provide the organizational framework to plan for, design, construct, operate, maintain, repair, and replace the Project for the benefit of the Members and the region; and (4) coordinate the performance of services related to the Project and approved by the Board. The primary objectives of the Authority are to:

1.3.1 Provide governance of the Project by the Members; 1.3.2 Ensure sufficient stable funding for the Project and related administrative and

support activities to be provided through the Service Agreements and Administrative Agreement;

7

1.3.3 Ensure costs are reasonable and cost allocations are equitable and transparent, as provided through the Service Agreements;

1.3.4 Acquire and maintain sufficient Capacity Usage Rights in water storage and

conveyance facilities as may be necessary to provide Services to the Members, consistent with the terms of all Project-related agreements; and

1.3.5 Ensure reliable delivery of water to the Members consistent with the terms of

the Service Agreements and Facilities Usage Agreements, such that the Members are provided with the contemplated benefits from their respective investments in the Project.

1.4 Creation of Authority. Pursuant to the Act, there is hereby created a public agency

known as the “Los Vaqueros Reservoir Joint Powers Authority.” The Authority shall be a public agency separate and apart from the Members.

1.5 Term. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by the Members as provided in Article 8 of this Agreement.

1.6 Powers of Authority.

1.6.1 General Powers. The Authority shall exercise, in the manner herein provided, the powers common to the Members, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.

1.6.2 Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:

(a) To make and enter into contracts;

(b) To employ agents and employees;

(c) To lease, acquire, construct, manage, maintain or operate any building, works or improvements;

(d) To acquire, hold or dispose of property or the right to use property or facilities;

(e) To supervise and manage the Project so as to deliver state, federal, and Member benefits commensurate with state, federal, and Member investment in the Project consistent with contractual obligations;

(f) To incur debts, liabilities, or obligations which do not constitute a debt, liability, or obligation of any Member;

(g) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions, and donations;

(h) To prescribe the duties, compensation, and other terms and conditions of employment of other agents, officers, and employees;

8

(i) To adopt reasonable rules and regulations for the conduct of the day-to-day operations of the Authority;

(j) To apply for, accept, receive, and disburse grants and loans from local, state, or federal agencies or from individuals or businesses;

(k) To sue and be sued in its own name;

(l) To fund and maintain adequate reserve funds to support debt and operational requirements;

(m) To invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code;

(n) To enter into state funding agreements and federal funding agreements relating to the Project, and assume rights and obligations pursuant to these agreements;

(o) To finance Project development activities;

(p) To enter into Design & Construction Agreements and O & M Agreements

with CCWD and EBMUD, as applicable;

(q) To enter into Facilities Usage Agreements with CCWD and EBMUD;

(r) To enter into an Administrative Agreement with the Administrator;

(s) To enter into agreements with individuals or entities providing program management, Water Supply Manager, legal, financial, accounting, auditing, and other services as required;

(t) To enter into agreements with the California Department of Water

Resources, the California Department of Fish and Wildlife, the United States Department of Interior, Bureau of Reclamation, and other local, state or federal entities as may be required to comply with the requirements of any state or federal funding agreements and to implement the Project, including the administration of public benefits;

(u) To issue Bonds; provided, however, that the Authority shall not issue any

Bonds until the Facilities Usage Agreement with CCWD, all Service Agreements, all O & M Agreements with CCWD and all Contracts for Administration of Public Benefits required by the California Water Commission have been executed by the Authority;

(v) To deliver Services to the Members, and receive payment from the

Members, pursuant to the Service Agreements;

(w) To exercise any and all powers which are provided for in the Act and in Government Code Section 6584 et seq., including, without limitation

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Government Code Section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended;

(x) To take action by resolution, ordinance, or motion, as approved by the Board

as specified herein;

(y) To carry out and enforce all provisions of this Agreement with respect to the activities necessary to undertake the development, construction, and operation of the Project;

(z) To conduct such other activities as are necessary and appropriate to the

above; and

(aa) To exercise any power necessary or incidental to the foregoing powers.

1.6.3 Limitation on Powers. Notwithstanding the general and specific powers listed in Sections 1.6.1 and 1.6.2, the Authority shall not have any power to modify CCWD’s role in owning, managing and operating the Watershed and Los Vaqueros Reservoir System, and Recreational Facilities.

1.7 Intent of the Agreement. Nothing in this Agreement shall be interpreted to limit or

restrict a Member’s operations of its water systems and facilities, including such operations that may involve areas outside of the Project Service Area. The Members acknowledge that entering into this Agreement does not constitute a commitment to fund or to carry out the Project, but such commitments to construct and implement the Project may be undertaken in the future through the execution of subsequent agreements, including, but not limited to, the Service Agreements. Consistent with the intent specified in Recital E, above, each Member shall have the discretion to determine the extent of its participation in the Project and, except as expressly provided in this Agreement, nothing in this Agreement shall be interpreted to require any level of Project participation of any Member, or to require the specific nature of any such Member’s Project participation, such as participation in conveyance only, pooled storage or dedicated storage.

1.8 Manner of Exercising Authority Powers. In accordance with Government Code Section 6509, the Authority shall exercise its powers in the manner by which CCWD exercises its powers, except to the extent this Agreement or the Act specifically provide otherwise.

ARTICLE 2 BOARD OF DIRECTORS

2.1 Creation. The Authority shall be governed by a Board of Directors, which is hereby established, consisting of one (1) Director for each Member, along with one (1) Director appointed by the Department of Water Resources, which is required by law to be a non-voting ex officio member of the Authority pursuant to Water Code Section 79759(b). The governing board shall be known as the “Board of Directors of the Los Vaqueros Reservoir Joint Powers Authority.” All voting power shall reside in the Board and be exercised as specified in Section 3.3, below. By establishing the Authority and creating the Board, the Members do not intend to create any incompatibility between the service of a Member’s governing body member on the Member’s governing body, and his or her service as a Director of the Authority, and this Agreement shall be interpreted, if and where necessary, so that no such incompatible office exists.

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2.2 Directors.

2.2.1 Directors Appointed; Term. Within thirty (30) days of the Effective Date of this Agreement, each Member shall designate and appoint, by a formal action of its governing body, either one (1) member of its governing body (provided that any Member which itself consists of one or more member agencies may appoint any member of one of its member agencies’ governing bodies), or a management-level employee of the Member, or of any member agency of a Member, to act as its representative on the Board; and one (1) other governing body member or Member employee, either by name or position title, to act as an alternate to that Director so appointed. If a Director’s or alternate’s membership on the appointing Member’s governing body ceases or that person ceases to be on the governing body of a Member’s member agency, if applicable, or if the Director or alternate is an employee of the Member, or of a Member’s member agency, and the Director’s or alternate’s employment by the Member ceases, his or her membership on the Board or position as an alternate, as applicable, shall also immediately cease. The alternate appointed by each Member shall have the authority to attend and participate in any meeting of the Board, but shall only be allowed to vote at any meeting of the Board when the regular Director is absent. At any meeting of the Board when the regular Director is absent, the alternate shall have the full authority of the Member to vote on any issue before the Board. Each Director shall hold office until his or her successor is selected by the appointing Member, except where immediate cessation of Board membership is expressly provided for by this section. Directors shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Member's governing board. If a Director ceases to serve on the Board, the Member that appointed that Director shall select that Director’s replacement, and may allow the alternate then serving to fill that Director’s position on a temporary or permanent basis, in that Member’s discretion; provided that any alternate who is a non-managerial employee of a Member may only serve in the Director’s position on a temporary basis, until that Member permanently fills that Director position in accordance with the requirements set forth above.

2.2.2 Board Compensation. The Board shall serve without compensation from the Authority. Compensation may be provided as approved by the Member that appoints its representative Director and alternate, and any such compensation will be the responsibility of that Member.

2.3 Powers and Responsibilities of the Board. All of the power and authority vested in the Authority shall be exercised by the Board, which may delegate such power in its discretion. Notwithstanding the above, the Board shall not delegate its legislative powers. In exercising these powers, the Board shall undertake the following roles and responsibilities:

2.3.1 Fulfill the Authority’s purposes; 2.3.2 Engage key Authority executives, including the Executive Director, as desired

by the Board, and the Authority attorney; 2.3.3 Approve the engagement of a Program Manager, Water Supply Manager, and

other consultants and advisors, including those related to issuance of any Bonds; 2.3.4 Approve annual or two-year budgets; 2.3.5 Approve agreements through which Project will be implemented; 2.3.6 Fund the Authority and Project through issuance of Bonds (subject to the

provisions of subdivision (u) of Section 1.6.2, above) and collections from Members; and

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2.3.7 Establish committees for activities such as design, construction, and operations.

2.4 Provision for Bylaws. The Board may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its day-to-day operations. Each Member shall receive a copy of any bylaws developed and adopted under this section.

ARTICLE 3 MEETINGS OF THE BOARD

3.1 Meetings. The Board shall meet at least monthly, and more frequently as the Board deems necessary to conduct the Authority’s business. The Board shall provide for the date, hour, and place of its regular meetings by Resolution of the Board filed with the governing body of each Member. The Board may suspend the holding of regular meetings so long as there is no need for Authority business. The Board shall hold its first meeting within sixty (60) days after the Effective Date. The Board may meet by teleconference or by video conferencing, and in joint session with other public agencies and advisory bodies in accordance with California law.

3.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with Section 54950 of the Government Code.

3.3 Voting.

3.3.1 Simple Majority Votes. Subject to the veto rights provided in Section 3.3.4, below, and the provisions of Section 3.4, below, each Director representing his or her appointing Member shall have one vote. Except as otherwise provided by law or as set forth in Sections 3.3.2 and 3.3.3, below, all actions of the Board, including, but not limited to, approval of Authority budgets under Article 7, below, and approval of the issuance or refunding of Bonds shall be approved on the affirmative vote of a majority of the total number of Directors of the Authority pursuant to Section 2.1. In the event of a tie vote among the Directors, the matter will not be considered to have passed.

3.3.1.1 The approval of the admission of a new Member will be by

simple majority vote, subject to Sections 3.3.1.1.1, 3.3.1.1.2 and 3.3.1.1.3, below.

3.3.1.1.1 If the admission of a new Member may have an adverse and material effect, as described in Section 3.3.1.1.3, on a current Member, the Director appointed by the affected Member may request that the Members meet and confer, and then the Members shall meet and confer in good faith to attempt to address the claimed adverse and material effect. The Director appointed by the affected Member who declared that the admission of a new Member will have an adverse and material effect shall, as soon as practicable thereafter, provide relevant information to substantiate the adverse and material effect on the Member. In addition, the affected Member’s governing body shall adopt a resolution setting forth specific findings of all adverse and material effects which are expected to result from the proposed admission of the new Member. The Board, in the Authority’s Bylaws, shall adopt specific procedures for when and how that meet and confer process and subsequent decisions regarding the claimed adverse and material effect will be determined, including, but not limited to, process and decision timing, allocation of the burden to confirm any such adverse and material effect and the standard to be applied to any determination the Board will make regarding the claimed adverse and material effect. If the Board confirms an adverse and material effect cannot be eliminated or resolved through mutually agreeable revisions to the affected Member’s Service Agreement, then the proposed new Member will not be admitted to the Authority.

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3.3.1.1.2 The Members to this Agreement recognize that the

Authority was created, in part, to provide benefits to regional water supply agencies located within the Project Service Area, including to address water supply and emergency water needs in urban, exurban, agricultural and refuge service areas, and that certain state funding arrangements are based on the regional benefits of the Project to the Project Service Area. The Members also acknowledge that the current Members represent a diverse coalition of parties, which together are able to deliver regional impacts and benefits from the Project. Therefore, if a Member withdraws from the Authority pursuant this Agreement, and the withdrawal results in the loss of benefit to a particular service area, then any regional wholesale customer, supplier, or member agency of a current or former Member in the service area impacted by the withdrawing Member will have a priority to seek to join the Authority as a new Member over other agencies that are not directly connected to a current or former Member in the impacted service area and, if approved by a majority of the Members, will have a right of first refusal to join the Authority. Notwithstanding the foregoing, if a San Luis & Delta-Mendota Water Authority (“SLDMWA”) member listed in Exhibit A seeks to join the Authority, the terms by which that SLDMWA member will become a member of the Authority shall be governed by Section 8.6.

3.3.1.1.3 For purposes of this subdivision, an “adverse and

material effect” means one or more of the following: (a) a decision that would unreasonably increase the affected Member’s operational costs as compared to that Member’s existing operational costs; (b) a decision that would decrease capacity of a Project facility used by the affected Member; (c) a decision that would materially restrict the affected Member in its ability to provide an adequate water supply within its service area, including, but not limited to, causing the affected Member to violate any operational permit or water rights permit or license; and/or (d) a decision that would result in a material adverse impact on the quality of water conveyed from the Project.

3.3.2 Items Requiring at Least Three-Quarters Votes for Approval. Notwithstanding

Section 3.3.1, above, the following actions of the Board must be approved by at least three-quarters (seventy-five percent (75%)) of the total number of Directors, but subject to Section 3.4, below:

3.3.2.1 Approval of an amendment to the Agreement other than to

Exhibits A or B; provided that amendments described in Section 3.3.3.6 must have unanimous Board approval; and provided further that if the proposed amendment relates to Section 7.12, then any such amendment’s approval must include a vote of approval by the SFPUC;

3.3.2.2 Termination of a Member’s membership pursuant to Section

9.2; and

3.3.2.3 Termination of the Agreement. 3.3.3 Items Requiring Unanimous Approval. Notwithstanding Sections 3.3.1 and

3.3.2, above, the following actions of the Board must be unanimously approved by the Board:

3.3.3.1 Commencement of litigation by the Authority relating to the funding or operation of the Project; or against any Member to interpret or enforce this Agreement or otherwise relating to the Member’s obligations concerning the Project; provided that the Member against whom that litigation is contemplated shall not be included in that unanimous vote requirement;

3.3.3.2 Approval of any additional funding contributions under

Section 7.7.2, below;

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3.3.3.3 Any disproportionate disbursement to a Member or Members made upon termination of this Agreement, as described in Section 8.5, below;

3.3.3.4 Any decision by the Board to approve the creation of positions

of employment for the Authority; 3.3.3.5 Approval of any contract with Cal-PERS or any other public

retirement system;

3.3.3.6 Approval of an amendment to the Agreement which would change the requirement for unanimous approval of an action listed in Section 3.3.3, or which relates to the veto right provided by Section 3.3.4; and

3.3.3.7 Approval of the incurrence of debt in connection with a

Related Activity pursuant to Section 6.1.

3.3.4. Veto Rights of CCWD and EBMUD.

3.3.4.1 Notwithstanding any other provision of this Agreement, for any proposed decision by the Board that either CCWD or EBMUD determines would have an adverse and material effect, as described in Section 3.3.4.4, upon a CCWD-Provided Facility or an EBMUD-Provided Facility, respectively, or upon one or more New Facilities or Modified Facilities owned and operated by CCWD or EBMUD, CCWD or EBMUD, as applicable in connection with the facility(ies) to be affected, acting through the Director it appointed, shall have the right to veto that decision in accordance with the provisions of this Section 3.3.4.

3.3.4.2 The Director appointed by the affected Member (i.e., either

CCWD or EBMUD) shall exercise the veto by declaring an intention to veto a proposed decision during a Board meeting at the time the matter is discussed or considered for action. If such intent is declared, the Board may (i) proceed immediately with a vote on the matter, or (ii) by majority vote, delay the vote on that matter to a future meeting to allow the development of an alternative or modified recommended action.

3.3.4.3 If the Board elects to hold an immediate vote on the matter,

the Director appointed by the affected Member may veto the proposed action, which veto shall be final and conclusive. In the event of such a veto, the Authority shall not proceed with the action specified in that proposed decision. If the Board elects to delay the vote on the matter to a future meeting, the Members shall meet and confer in good faith to attempt to develop a revised action which addresses the adverse and material effect. The Director appointed by the affected Member which declared its intent to exercise the veto shall, as soon as practicable after declaring its intent to veto, provide relevant information to substantiate the adverse and material effect on the affected Member which is expected to result from the Authority’s proposed action. In addition, that Member’s governing body shall adopt a resolution setting forth specific findings of all adverse and material effects which are expected to result from the Authority’s proposed action. The meet and confer session shall occur at the next Board meeting, or as soon thereafter as Authority staff, the Administrator, the Executive Director (if one has been appointed), or the Members can obtain any further information, in addition to the information provided by the Director appointed by the affected Member which declared its intent to veto, or clarifying direction as needed to propose an alternative or modified recommended action. Any revised action proposed to the Board shall be subject to the veto rights described in this section. No proposed action shall be delayed pursuant to this section more than once, except with the consent of the Director affected by the affected Member which declared its intent to veto the action.

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3.3.4.4 For purposes of this subdivision, an “adverse and material effect” includes the following: (a) a decision that would unreasonably increase the affected Member’s operational costs as compared to that Member’s existing operational costs; (b) a decision that would decrease capacity of the subject facility; (c) a decision that would materially restrict the affected Member in its operation of the subject facility or in its ability to provide an adequate water supply within its service area, including, but not limited to, causing the affected Member to violate any operational permit or water rights permit or license; and/or (d) a decision that would result in a material adverse impact on the quality of water conveyed from the Project.

3.4 Effect of Recusal. If any Director recuses himself or herself from voting on any matter

before the Board where the Director, in the Director’s sole discretion, determines it is inappropriate for that Director to participate in the vote on that matter, then that Director shall not be counted as a voting Director, such that the total number of voting Directors is reduced by one in calculating the required quorum and in calculating the total number of votes that may be cast and utilized in determining any applicable threshold for the Board’s approval of that matter.

3.5 Special Voting Rules Applicable to Grassland Water District. Due to the fact that

Grassland Water District will not be making monetary contributions to the Authority, Grassland Water District shall only be entitled to vote on non-financial matters and those financial matters that concern the administration of public benefits or the delivery of ecosystem benefits to south-of-Delta refuges. In any situation where Grassland Water District is not permitted to vote, for purposes of the determination of the vote needed for approval, Grassland Water District shall not be counted as a voting Member, including for purposes of determining whether a quorum is present pursuant to Section 3.6, such that the total number of voting Members is reduced by one in calculating total number of votes that may be cast and utilized in determining any applicable threshold for the Board’s approval of any such action.

3.6 Quorum. A majority of the Directors shall constitute a quorum for the transaction of

business, but subject to the voting approval requirements specified in Section 3.3.

3.7 Board Action. The Board may act by resolution, ordinance, or motion. Unless otherwise provided in the bylaws or by law, ordinances shall not be required to be introduced and adopted at separate meetings of the Board.

3.8 Closed Session. Closed sessions of the Board shall be confidential. However,

confidential information from closed sessions may be disclosed to each Member’s governing body as permitted and limited by Government Code Section 54956.96. The Board may include provisions in the Authority’s Bylaws to implement this section. In addition, when any closed session is held pertaining to any matter in which a Member holds a position adverse to the Authority (including, but not limited to pending or potential litigation or ongoing real estate negotiations), the Director appointed by that adverse Member shall be recused from any such closed session. Prior to the Authority conducting any closed session involving liability clams or potential litigation where a Member may have a position adverse to the Authority, the Authority and Member shall comply with any meet and confer requirements set forth in this Agreement; provided, however, that the Authority may waive, by majority vote of the Board, any such meet and confer requirement in the event a statute of limitation would otherwise expire.

3.9 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned

regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each Member.

3.10 Rules and Regulations. The Board may adopt from time to time such rules and

regulations for the conduct of its and the Authority’s affairs as may be required.

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ARTICLE 4 OFFICERS AND EMPLOYEES OF THE AUTHORITY

4.1 Chair. At the Board’s first meeting, and then in its first meeting of each calendar year or as soon thereafter as practicable, it shall elect one of the Directors as Chair of the Board. The term of office for the Chair shall be one year, or until his or her successor is elected. A Chair may not serve more than four (4) consecutive terms as Chair, and the foregoing term limit shall also apply to the Member on whose behalf the Chair is serving, such that no Member shall be allowed to have any Director or combination of Directors serve on its behalf as Chair for more than four (4) consecutive terms. The Chair of the Board shall preside at all meetings and shall perform such other duties as are specified by the Board through order, resolution or motion. Subject to the foregoing, the position of Chair shall be elected on the basis of the individual Director and not on the basis of the underlying Member with which the Chair is affiliated.

4.2 Vice‐Chair. At the Board’s first meeting, and then in its first meeting of each year or as soon thereafter as practicable, it shall elect one of the Directors as Vice-Chair of the Board. The term of office for the Vice-Chair shall be one year. The Vice-Chair shall perform all the duties of the Chair in the absence of the Chair, or in the event the Chair of the Board is unable to perform such duties, and shall perform such other duties as are specified by the Board.

4.3 Secretary. The Board may appoint the Authority’s Secretary or may delegate the appointment of the Authority’s Secretary to the Administrator; provided that if the Administrator position has been removed, then the Board shall appoint the Authority’s Secretary. If the Board does not elect to appoint an individual of its own choosing as the Secretary, the Secretary shall serve at the pleasure of the Administrator and may be removed at any time, with or without cause, in the sole discretion of the Administrator or, if the Administrator is an entity, the Administrator’s governing board or a management-level employee of the Administrator. The Secretary shall be responsible for the minutes and other records of the proceedings of the Board and shall perform such other duties as specified by the Administrator pursuant to the Administrative Agreement, as applicable. If the Board elects to appoint another individual of its own choosing, the Secretary shall perform such other duties as the Board specifies.

4.4 Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.6, the Board may appoint the Authority’s Treasurer and Auditor/Controller (in which case the Treasurer and/or Auditor/Controller shall serve at the Board’s discretion) or may delegate the appointment of the Authority’s Treasurer and Auditor/Controller to the Administrator; provided that if the Administrator position has been removed, then the Board shall appoint the Authority’s Treasurer and Auditor/Controller. If the Administrator is an entity, it may appoint its senior financial officer (such as its chief financial officer, director of finance, or finance manager, as designated by the Administrator) as the Treasurer and Auditor/Controller. The Treasurer shall be the depository and have custody of all money of the Authority, from whatever source, and shall have all of the duties and obligations set forth in Sections 6505 and 6505.5 of the Government Code. However, in no event shall any person or entity that is not a public agency or an employee of a public agency be appointed as Treasurer or Auditor/Controller or have authority to have custody of Authority monies, and the Authority will establish a depository account with a financial institution on behalf of and in the name of the Authority for purposes of holding the Authority’s money. The Treasurer shall also manage the Authority’s billing and cash management, financial reporting and debt; engage the independent auditor to review the Authority’s financial statements; and report to the Authority’s Executive Director or to the Administrator if no Executive Director has been appointed. Subject to the limitations set forth in this Section 4.4, the offices of Treasurer and Auditor/Controller may be held by separate individuals, or combined and held by one individual as the Board may elect. If the Board does not elect to appoint another individual of its own choosing as the Treasurer and Auditor/Controller, the Treasurer and Auditor/Controller shall serve at the pleasure of the

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Administrator and may be removed at any time, with or without cause, in the sole discretion of the Administrator or, if the Administrator is an entity, the Administrator’s governing board or a management-level employee of the Administrator.

4.5 Administrator.

4.5.1 Generally. The Board shall select the Administrator, which shall provide management and administrative services for the Authority, as more specifically described in Section 4.5.2, below. CCWD shall serve as the initial Administrator, and its rights and responsibilities in that role shall be set forth in the Administrative Agreement, or other agreement between CCWD and the Authority. The Board may, in its discretion, upon the termination or assignment of the Administrative Agreement, appoint a subsequent Administrator to replace CCWD, may transfer some or all of the Administrator’s duties to the Executive Director appointed under Section 4.6, below, or may combine the Administrator’s position with the Executive Director; subject, however, to ensuring that any contractual obligations CCWD has undertaken with respect to the administration of the Project, including under the Early Funding Agreement, are met. Until such time as an Executive Director is appointed, the Administrator shall oversee and manage any consultants and (if any) employees of the Authority, and the Administrator shall report to the Board. After an Executive Director is appointed, the Administrator shall report to the Executive Director and be subject to the Executive Director’s supervision, subject to compliance with any existing contractual obligations of the Administrator.

4.5.2 Administrator Services. Subject to the Board’s revision of duties of the Administrator, which may be transferred to the Executive Director in the Board’s discretion, the Administrator shall perform all services reasonably necessary for the management and administration of the Authority including, but not limited to:

(a) coordinating the planning, design, permitting (including compliance monitoring), operations modeling and analysis, and procurement activities necessary to construct and operate the Project, including through funds provided by the Early Funding Agreement, which CCWD shall continue to manage as the initial Administrator, and Interim Funding Agreement;

(b) coordinating and preparing for Board meetings;

(c) identifying and selecting key staff that will provide services to the Board and the Authority, including staff who may potentially serve as Secretary and Treasurer and Auditor/Controller, as the Board or Administrator may determine;

(d) being responsible for the appointment, employment, management, and/or termination of any personnel (other than the Executive Director and Authority attorney), contractors, or consultants providing services to the Authority including, but not limited to, contractors and consultants necessary for the planning, design, permitting and procurement of the Project;

(e) performing administrative tasks related to the Board’s selection and appointment of the Executive Director and Authority attorney;

(f) implementing the policies, decisions, and directions of the Board, as provided to the Administrator;

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(g) conducting communications and outreach support and website hosting;

(h) coordinating and conferring with the Members’ technical staffs relative to Project-related functions; and

(i) such other duties as are determined by and assigned by the Board.

4.5.3 Compensation. The Administrator shall be compensated for the services it renders to the Authority as specified in the Administrative Agreement, or in any other contractual arrangement between the Administrator and the Authority.

4.5.4 Administrator Staff. If the Administrator is an entity, the Administrator shall

identify key staff that shall provide services required of the Administrator, including one employee who shall serve as the main point of contact for the Authority. Such key staff identified by the Administrator shall be qualified to perform services required of the Administrator. Unless otherwise agreed in writing by the Authority, such key staff shall at all times remain under the exclusive direction and control of the Administrator and the Authority shall not have any right to discharge or discipline any member of the Administrator’s staff. Subject to payment by the Authority as provided in the Administrative Agreement or other agreement, the Administrator shall be responsible for all compensation, supervision, and administrative costs relating to its staff. If the Administrator is an individual, the Administrator shall coordinate the retention of any outside staff with the Board and obtain approval of such staff positions from the Board before hiring or retaining any such staff.

4.5.5 Independent Contractor; Authority Employees. Until such time, if any, as the

Administrator is hired as an Authority employee, as provided under this Agreement and to the extent allowed by law, the Administrator shall be retained as an independent contractor and not an employee of Authority. No employee or agent of the Administrator shall become an employee of the Authority, except as may be agreed in writing. Any Administrator employees or agents assigned to provide services under this Agreement shall remain under the exclusive control of the Administrator, subject to Section 4.6 if an Administrator’s employee serves as Executive Director. The Authority may only create positions of employment with unanimous approval by the Board.

4.6 Executive Director. The Board may appoint an Executive Director to work with the Administrator in connection with the duties specified under Section 4.5.2, above. Upon the appointment of an Executive Director, the Board may transfer any of the Administrator’s duties to the Executive Director, as may be feasible based on applicable contractual limitations set forth in the Early Funding Agreement. As determined by the Board, the Executive Director may be an independent contractor; an employee of the Administrator, of a Member or of a non-Member firm or entity; or, upon unanimous approval of the Board, an employee of the Authority. It is contemplated that the Executive Director would report directly to the Board and would manage Authority activities, oversee and manage the Authority’s consultants and (if any) employees, ensure that the Board receives appropriate and timely information, supervise the Administrator, including coordinating Project activities with the Administrator, and ensure that the Authority provides services and fulfills its obligations to the Members in accordance with the respective Service Agreements and in accordance with all other Project-related agreements.

4.7 Authority Attorney.

4.7.1 Appointment. The attorney for the Authority shall be appointed by the Board, provided that an individual, office, or firm providing general counsel services to one of the Members shall not serve as the Authority attorney. Such individuals, offices, or firms may, however, provide special counsel services to the Authority. Notwithstanding the above, the general counsel to one of

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the Members may provide interim general counsel services until the Board appoints an Authority attorney.

4.7.2 Duties. The attorney for the Authority or a designated deputy shall attend all meetings of the Board; provided, however, that the absence of the Authority attorney shall not affect the validity of any meeting. The attorney shall take charge of all suits and other legal matters to which the Authority is a party or in which it is legally interested. The attorney shall provide legal counsel to the Authority and its Board, ensure the legal sufficiency of all contracts, ordinances, resolutions, and other legal instruments of the Authority, and perform such other duties as the Board specifies, including, but not limited to, obtaining specialized legal services.

4.8 Program Manager. The Board may engage one or more persons or entities to provide program management services as a Program Manager, who shall report to the Executive Director or Administrator if no Executive Director has been appointed. The Program Manager shall coordinate with the Administrator and/or Executive Director regarding various design and construction activities for the Project, including coordination with CCWD and EBMUD in accordance with the Design and Construction Agreement and O & M Agreements with respect to decisions likely to have a cost impact on the Authority and the Members. Such coordination shall include, but not be limited to, budget tracking, scheduling and quality control/quality assurance, with the understanding that CCWD and EBMUD have primary responsibility for the design and construction of their respective facilities, as will be specified in the Design & Construction Agreements. The Program Manager, in consultation with the Executive Director and subject to Board approval in accordance with Authority policies, may contract for additional services that may be required.

4.9 Water Supply Manager. The Board may engage one or more persons or entities to provide the services as a Water Supply Manager, who shall report to the Executive Director or Administrator if no Executive Director has been appointed. The Water Supply Manager shall oversee the operations of the Project in coordination with CCWD as to CCWD-Provided Facilities and any Modified Facilities or New Facilities that CCWD operates, and with EBMUD as to EBMUD-Provided Facilities and any Modified Facilities or New Facilities that EBMUD operates. The Water Supply Manager shall coordinate with all Members who are South Bay Aqueduct Contractors, as well as the SFPUC, regarding operations that will foreseeably impact South Bay Aqueduct facilities. The Water Supply Manager’s duties shall include scheduling necessary diversions and deliveries of stored water in response to Members’ requests on behalf of the Members, coordinating Members’ storage and conveyance needs with CCWD’s system operator, tracking the delivery of Services to the Members, and ensuring compliance with all Project agreements, reporting requirements and coordinated operations agreements with the United States Department of Interior, Bureau of Reclamation and the California Department of Water Resources. The Water Supply Manager shall perform his or her duties in accordance with the terms of the Service Agreements and the Facilities Usage Agreements, as well as with operating protocols to be adopted by the Board. The operating protocols shall not unreasonably restrict: (1) CCWD’s or EBMUD’s ability to manage their respective facilities; or (2) the exercise of the Authority’s Capacity Usage Rights expressed in any Facilities Usage Agreement, and as allocated to the Members in the respective Service Agreements. Any Water Supply Manager decision shall be subject to an appeal process to be established by the Board.

4.10 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Board.

4.11 Additional Officers and Employees. The Board shall have the power to appoint additional officers as it deems necessary, and to make modifications to the Authority’s organization chart. The Executive Director, upon consultation with the Board and with the Board’s required approval, as applicable relative to the hiring of any Authority employees, shall have the power to hire

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and terminate employees, assistants, contractors, consultants, and others, as the Executive Director deems appropriate, but subject to the terms of any applicable agreement and to the Authority’s bylaws or policies.

ARTICLE 5 COMMITTEES

5.1 Committees. The Board, by a majority vote, may form committees for any purpose. Any such Board action to create a committee shall include the purpose of the committee and details concerning the appointment of the chair and members of such committee.

ARTICLE 6 PROJECT OPERATIONS

6.1 Related Activity. Upon approval by a majority of the Board, one or more of the Members may establish a Related Activity that such Member or Members will undertake through the Authority for matters not deemed to be of general benefit to all Members, provided that no Member shall be involved in any such Related Activity without the approval of its governing body. A specific written Related Activity Agreement between the Member or Members who consented to participate in the specific Related Activity and the Authority shall be established for each Related Activity to set forth the respective obligations, functions, and rights of the participating Members and of the Authority. A budget for each Related Activity shall be established in accordance with Section 7.3, below. The Directors representing the Member or Members who will be involved in financing and implementing the specific Related Activity, or their respective designees, shall constitute a "Related Activity Committee," for purposes of administration and implementation of the specific Related Activity. Notwithstanding the foregoing, no debt shall be incurred by the Authority for a specific Related Activity without the unanimous consent of the Board, and of the Related Activity Committee. Any contributions approved by the Related Activity Committee and approved by the participating Member or Members shall be paid by the participating Member or Members. Such contributions by a Related Activity’s Members shall be held and accounted for separately from other Authority monies and any Related Activity expenses or liabilities shall be paid from such monies held on account of that Related Activity. To the extent allowed by law, the Member or Members participating in any Related Activity shall indemnify and hold harmless the Authority and the Members not participating in the Related Activity from any and all claims, demands, damages, liabilities, fines, expenses and related costs and fees, including attorneys’ and experts’ fees, arising from or related to the particular Related Activity, except to the extent of the Authority’s or non-participating Member’s negligent or intentional acts or omissions. A Related Activity shall not have a material adverse effect impact, as defined in Section 3.3.4.4, above, on any Member that is not participating in the Related Activity. The unanimous consent of the Board to incur debt for a Related Activity as required pursuant to this Section 6.1 shall be conclusive evidence that such Related Activity has been determined not to have a material adverse effect on any Member that is not participating in such Related Activity.

6.2 CCWD Facilities. In accordance with the voting provisions set forth in Section 3.3.4, above, CCWD will retain a veto right with respect to any decision by the Board that would have an adverse and material effect on either or both of the following: (i) a New Facility or Modified Facility for which CCWD is designated as the builder and operator on Exhibit B hereto, and/or (ii) a CCWD-Provided Facility. CCWD may authorize the Authority to take actions and/or make decisions with respect to those facilities in accordance with the applicable Facilities Usage Agreement, Design & Construction Agreements and O & M Agreements.

6.3 EBMUD Facilities. In accordance with the voting provisions set forth in Section 3.3.4, above, EBMUD will retain a veto right with respect to any decision by the Board that would have an adverse and material effect on either or both of the following: (i) a New Facility or Modified Facility

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for which EBMUD is designated as the builder and operator on Exhibit B hereto, and/or (ii) an EBMUD-Provided Facility. EBMUD may authorize the Authority to take actions and/or make decisions with respect to those facilities in accordance with the applicable Facilities Usage Agreement, Design & Construction Agreements and O & M Agreements.

ARTICLE 7 FINANCES

7.1 Fiscal Year. The Fiscal Year of the Authority shall be as defined in Section 1.1 of this Agreement.

7.2 Budget. The Board shall adopt a budget (the “Budget”) prior to the start of each Fiscal Year. The Budget may be adopted on a single Fiscal Year or bi-annual basis, in the Board’s discretion. The Budget shall include components to fund the Authority’s administrative and operational costs, debt service on any Bonds and any capital improvements; provided the Authority shall provide the Members with the draft capital component of the Budget at least six (6) months prior to the start of the Fiscal Year(s) to which the proposed Budget relates. The Board may update and revise the Budget as necessary throughout the period to which the Budget applies. The Budget shall equitably allocate expenses under the Budget to a Member in proportion to that Member’s proportionate use of Project facilities, operational priorities and other benefits, as determined in accordance with the Member’s Service Agreement, or if a Member’s Service Agreement is not in place, the Interim Funding Agreement or any other funding agreement specified by the Board in accordance with Section 7.7, below. The Budget shall take into account any non-monetary contributions being received from Grassland Water District. The Authority shall coordinate with CCWD regarding the establishment of the capital components of the Budget to ensure that costs are properly allocated as between the Authority and CCWD. The contributions approved by the Board shall be paid by the Member Agencies pursuant to Section 7.5, below. Any Member which has opted under Section 7.6, below, to self-fund its share of a specific portion of Project capital costs through a lump sum contribution, rather than financing that contribution through participating in the Authority’s Bonds, shall not be required to make further payments under the capital component of the Budget until that lump sum contribution is exhausted and further contribution from that Member is necessary to meet that Member’s share of Authority capital costs that would be payable under the Budget. Any funds contributed by a Member that are not used in a Fiscal Year shall roll over to the subsequent Fiscal Year’s Budget.

7.3 Specific Related Activity Budgets. In addition to the foregoing Budget, Authority staff, in consultation with the applicable Related Activity Committee, shall develop a budget for any Related Activity established in accordance with Section 6.1, above. The Related Activity Committee shall recommend such Related Activity budget for approval by the Board, which may then approve that Related Activity budget by majority vote in accordance with Section 3.3.1. Any contributions approved by the Related Activity Committee and approved by the participating Members shall be paid by the participating Member Agencies pursuant to Section 7.5, below.

Each Related Activity budget shall include, without limitation, the following:

(a) Administrative expenses;

(b) Studies and planning costs;

(c) Engineering and construction costs;

(d) The allocation of costs, including debt service costs, if any, among participating Members;

(e) Annual maintenance and operating expenses for the Related Activity,

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including any reserve requirements necessitated by the Related Activity; and

(f) A formula for allocating annual maintenance and operating expenses, if any.

7.4 Failure to Obtain Budget Approvals. In the event the Board does not approve the Budget or any Related Activity budget prior to the start of a Fiscal Year, the Authority shall continue to operate at the level of expenditure as authorized below:

7.4.1. Operating Expenses. The operational cost components of the Budget shall be

set at the expenditure level authorized by the last approved Budget, and the allocation of such Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget. Any shortfall in revenues for such operational cost components will be made up from available reserves dedicated by the Board for such a purpose, and if those available reserves are insufficient to cover the shortfall, any other available reserve funds not designated by the Board for other purposes or otherwise not legally restricted may be used to meet that shortfall. Such reserves shall be drawn from among the Members in proportion to the allocation of Costs of Service in the last approved Budget. In the event that a shortfall in available funds exceeds available unrestricted reserves of the Authority, such resulting unfunded shortfall shall be carried forward into the subsequent Fiscal Year. Members shall have no obligation to cure such unfunded shortfall other than as may be provided in the applicable Service Agreement or, if applicable, Related Activity Agreement. As used herein, “reserves” shall mean any available unrestricted cash or investments.

7.4.2. Debt Service. The debt service component of the Budget shall automatically be established at the required level necessary to meet the Authority’s annual debt service requirements, including any revenue coverage covenants and the allocation of any applicable Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget.

7.4.3. Capital Costs. The capital component of the Budget shall automatically be established at the required level necessary to implement capital projects previously approved by the Authority and the allocation of any applicable Costs of Service to each Member shall be in proportion to the allocation of such costs in the last approved Budget.

7.5 Payments of Amounts Due; True-Up of Costs. The payments owed for contributions from each Member to the Authority shall conform to amounts payable, or any non-monetary contributions to be provided to the Authority, under each Member’s Service Agreement and in accordance with the Budget approved by the Board pursuant to Section 7.2, above, and any Related Activity Budget under Section 7.3, above. Amounts to be paid to the Authority may be divided into a fixed, annual component and a variable component payable on a monthly or other periodic basis as authorized by the Board.

7.6 Member Self-Funding of Project Capital Costs. Notwithstanding any other provision of this Agreement, a Member may elect to self-fund its share of capital costs for specific Project components to be constructed, with the proportion and timing of that self-funding determined under the Member’s Service Agreement, in lieu of participating in the issuance of Bonds for that Project component. Any such self-funded payments, including remaining unexpended funds deposited in a previous Fiscal Year, shall be used to offset that Member’s share of Project capital costs applicable to that specific Project component that are included in the applicable component of the Budget, until such time as the self-funded amount has been exhausted. In the event the Authority, in its discretion, determines an additional funding contribution from a Member who has self-funded is needed, then the Authority may provide written notice to that Member of the need to deposit additional monies

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with the Authority, in such amounts as the Authority, acting through its Administrator or Executive Director, shall determine in its reasonable discretion. The Member shall deposit that amount within six (6) months of receipt of notice from the Authority. The Authority shall refund or credit to a Member who has self-funded any remaining unexpended funds contributed by that Member within sixty (60) days of the completion of the specific component of the Project for which that Member has made self-funded payments, unless the Board finds and determines that the return or credit of such unexpended funds would adversely impact the Authority’s financial condition.

7.7 Funds, Accounts and Reports. There shall be strict accountability of all funds and reporting of all receipts and disbursements, including through operation and maintenance and capital reserve accounts.

7.7.1 Sources of Funds. The sources of funds available to the Authority may include, but are not limited to, the following:

(a) Grants, donations, and loans received by the Authority from local, state, or federal agencies, including any amounts received under the Early Funding Agreement. Such funds can be used for any Project facility.

(b) Funds collected from Members under the Service Agreements and any Related Activity Agreements.

(c) Funds collected from Members, including, but not limited to, funds paid pursuant to the Interim Funding Agreement.

(d) Funds received from state and federal disaster relief agencies.

(e) Funds obtained by issuing Bonds.

(f) “In kind” contributions from Members, include refuge resources provided by Grassland Water District; provided that the Board shall establish a procedure to ensure that any “in kind” contributions comply with any applicable contractual or regulatory requirements and are fair and reasonable in relation to the benefits provided to the contributing Member, and further the Authority’s interests.

(g) Funds from any other source derived.

7.7.2 Interim Funding Plans. The Members intend for the Authority to fund initial Authority costs through the Interim Funding Agreement, and other agreements and revenue sources available to the Authority for such purposes. Notwithstanding the foregoing, in the event the Board unanimously determines that certain costs cannot be funded through such revenue sources and additional monies are required to be contributed by the Members, each Member agrees that it will contribute to a fund or budget approved by the Board in such proportion as the Board shall reasonably determine, as set forth in this article, taking into consideration any non-monetary contributions being received from Grassland Water District. Notwithstanding the foregoing, any financial obligation of the City and County of San Francisco, acting through the San Francisco Public Utilities Commission as a Member of the Authority, payable pursuant to this section is subject to Section 7.12.

7.7.3 Long-Term Funding Plans. The Members intend that all Authority activities will ultimately be funded through various Service Agreements, and Related Activity Agreements, if

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any, under which the Members will pay or otherwise contribute for services provided by the Authority. The Members intend that the aforementioned agreements will, when taken together, be sufficient to fund all activities of the Authority, including, but not limited to, all administrative, capital and/or debt service expense, and operation and maintenance costs of the Authority, the Project and Related Activities.

7.7.4 Accounts. Revenues or funds received or made available to the Authority from any source whatsoever, shall be deposited into accounts that may be established by the Authority, and may be expended by the Authority in any legal manner, subject to such reservations as may be imposed by the Authority from time to time.

7.7.5 Reports. The Treasurer shall, within one hundred and eighty (180) days after the close of each Fiscal Year, give a complete written report of all financial activities for such Fiscal Year to the Board and to each Member. The Authority’s books and records shall be open to inspection at all reasonable times by representatives of each Member. The Treasurer shall prepare and provide such additional reports, including audited financial statements and ongoing disclosure reports, as are required by separate agreements entered into by the Authority.

7.8 Payments and Advances. No expenditures in excess of those budgeted shall be made unless otherwise approved by the Authority’s Board.

7.9 Audit. In accordance with Sections 6505 through 6505.6 of the Government Code, the Treasurer shall cause an annual audit of the accounts and records of the Authority to be made and reported. The audit shall be conducted by an independent certified public accountant or public accountant. The audit shall conform to generally accepted auditing standards. Such report shall be filed within twelve (12) months of the end of the Fiscal Year under examination.

7.10 Procurement Methods. The Board may adopt such policies relating to procurement of services, equipment, supplies, and other materials needed to accomplish the purposes of this Agreement.

7.11 Reserve Accounts. The Authority and each Member shall establish in that Member’s Service Agreement, or in any Related Activity Agreement, and each Member shall pay into, reserve accounts established for administrative, operational, debt service and capital costs. The respective Service Agreements and, if applicable, Related Activity Agreements, shall specify how the reserve accounts will be replenished in the event such reserves are used. The Authority shall hold those reserves to provide readily available funds in the event a Member is not able to pay its share of the applicable type of costs as provided in that Member’s Service Agreement and herein.

7.12 San Francisco Certification of Funds, Budget and Fiscal Provisions.

7.12.1 The financial obligations of the City and County of San Francisco (the “City,” acting through the SFPUC as a Member of the Authority) under this Agreement, including all related agreements such as a Service Agreement to which it is a party or a Related Activity Agreement to which it is a party, are subject to and contingent upon the budget and fiscal provisions of the City and County of San Francisco’s Charter. Except as provided in Section 7.12.2, below, for each budgetary cycle of the City, charges may accrue to the SFPUC for such budgetary cycle only after the prior written certification of the City’s Controller, and the amount of the SFPUC’s financial obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization, as required under Charter Sections 3.105 and 9.113. The SFPUC’s financial obligations under this Agreement will terminate without penalty, liability or expense of any kind to the SFPUC at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year, subject to the one (1) year suspension process described in this Section 7.12.1. If funds

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are appropriated for a portion of the fiscal year, the SFPUC’s financial obligations under this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated, subject to the one (1) year suspension process described in this Section 7.12.1. The SFPUC has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. This section controls against any and all other provisions of this Agreement, except Section 7.12.2 and Section 8.4.2. In the event the City fails to appropriate adequate funds in any fiscal year to meet the City’s financial obligations under this Agreement, or fails to timely obtain the certification described in Section 7.12.2 relating to funding commitments for the Project or a Related Activity, the Authority may, in the sole discretion of the Authority’s Board of Directors, suspend any benefits the City would receive from this Agreement until such time as all financial obligations owed to the Authority under this Agreement are satisfied, provided that the Authority has first given the City a minimum of sixty (60) days’ advance written notice of such suspension. If the City does not satisfy its financial obligations under this Agreement following receipt of the Authority’s written notice for a period of one (1) year from the effective date of the suspension, the City shall be deemed to have withdrawn from the Authority, including the withdrawal of its representative Director from the Board. The Authority shall not impose interest on the City’s financial obligations under this Agreement during this one (1) year period. If the SFPUC is deemed to have withdrawn from the Authority under this Section 7.12.1, the SFPUC’s financial obligations under this Agreement shall not be governed by the provisions of Section 8.4.1, but Section 8.4.2 shall apply and the SFPUC shall be responsible for its share of the costs incurred by the Authority up until the end of the last fiscal year for which funds were appropriated, or the end of the term for which funds were last appropriated in the event that funds are appropriated for a portion of the fiscal year.

7.12.2 The financial obligations of the City under a Service Agreement to which it is a party or a Related Activity Agreement to which it is a party, may include an SFPUC commitment to (1) participate in Bonds issued to fund the Project’s capital costs, (2) participate in Bonds issued to fund a Related Activity’s capital costs or (3) indebtedness evidencing the SFPUC’s obligation to fund the City’s share of capital costs of the Project or the Related Activity, as applicable, specified in the related Service Agreement or Related Activity Agreement. Notwithstanding Section 7.12.1, above, any SFPUC funding commitment described in (1), (2), or (3) in the previous sentence shall be subject to the requirement in San Francisco Charter Section 9.111 that the City Controller certifies that sufficient unencumbered balances are expected to be available in the proper fund to meet all SFPUC payment obligations as they become due, as well as the terms and conditions contained in any debt instrument, which may include a pledge by the SFPUC of certain SFPUC rate revenues, which certification must be obtained prior to the time the Authority commits to issue Bonds for the Project or Bonds for a Related Activity, as applicable, and shall not be subject to the City Controller certification requirements of Charter Sections 3.105 and 9.113. Upon receipt of the certification by the City Controller pursuant to San Francisco Charter Section 9.111, SFPUC shall be obligated under any Bonds or other indebtedness described in Items (1), (2) or (3) of this section in accordance with terms of such Bonds or other indebtedness.

7.13 No Commitment to Bond Financing. The execution of this Agreement is not a commitment to participate in any Bonds or to incur debt which will occur, if at all, at a later date.

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ARTICLE 8 TERMINATION / AMENDMENT; WITHDRAWAL

8.1 Duration and Termination. Subject to the terms of any agreement between the Authority or CCWD and any state or federal agency, this Agreement shall continue in full force and effect until terminated by action taken by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the Board and ratified by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the governing bodies of the Members. If at any time there are only two (2) Members of the Authority and one (1) of those Members intends to withdraw, the other Member’s written consent to terminate this Agreement shall not be unreasonably conditioned or delayed. Notwithstanding the prior provisions of this Section 8.1, this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority, and the Authority shall have a continuing obligation following termination of this Agreement with respect to the payment of debt service on any Bonds or other outstanding financial commitments of the Authority.

8.2 Amendment. This Agreement may be amended at any time by action taken by at least three-quarters (3/4ths) of the Board and ratified by at least three-quarters (3/4ths) (seventy-five percent (75%)) of the governing bodies of the Members; provided that if the proposed amendment is to change the requirement for unanimous approval of an action required under Section 3.3.3 or relates to the veto right provided by Section 3.3.4, then any such amendment must have unanimous Board approval; and provided further that if the proposed amendment relates to Section 7.12, then any such amendment’s approval must include a vote of approval by the SFPUC; and provided further that Exhibit B to this Agreement may be amended by the Administrator or Executive Director, with majority vote of the Board approving such amendment to Exhibit B, to reflect changes to the Project’s facilities approved by the Board. Exhibit A shall be updated by the Administrator or Executive Director as necessary to reflect any changes in the Members that occurs with the Board approval required herein for new Members or withdrawing Members. Notwithstanding the foregoing, the number and list of SLDMWA members listed on Exhibit A participating through the SLDMWA may be changed or a SLDMWA member that decides to no longer participate through the SLDMWA may be added to the list of Authority members without requiring amendment of the Agreement.

8.3 Withdrawal. A Member may only withdraw from the Authority as follows:

8.3.1 Failure to Execute Interim Funding Agreement. In the event a Member does not execute the Interim Funding Agreement or other agreement provided under Section 7.7.2 to provide interim funding to the Authority within eight (8) weeks after that Member receives the execution version of that agreement, or such later date as the Board shall establish, or does not agree in writing to make the financial contributions described in Section 7.7.2 within twelve (12) weeks of receiving a written demand from the Authority for it do so, that Member shall be deemed to have withdrawn from the Authority and shall have no further rights or obligations under this Agreement, except as provided in Section 8.4.

8.3.2 Failure to Execute Service Agreement. In the event a Member decides not to proceed with the completion of its Service Agreement and provides written notice to the Authority of that decision, or does not execute its Service Agreement within twelve (12) weeks after that Member receives the execution version of that agreement, or such later date as the Board shall establish, that Member shall be deemed to have withdrawn from the Authority and shall have no further rights or obligations under this Agreement, except as provided in Section 8.4.

8.3.3 Engineer’s Estimate is Too Expensive. Subject to Section 8.3.8, in the event that a Member concludes the engineer’s estimate for any work on a specific component of the Project is too expensive, then a Member may initiate a meet and confer process among the Members’

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respective staffs to discuss those cost issues, which meeting shall take place within thirty (30) days after the Member gives notice of its desire for that meeting. If upon conclusion of that meet and confer process the Member that initiated that process is not satisfied with the estimate, then that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.4 Withdrawal of Other Member. Subject to Section 8.3.8, in the event that another Member has withdrawn from the Authority under this Section 8.3 and the result of such withdrawals has made remaining in the Authority either cost prohibitive for a Member or adversely affects the operational feasibility of the Project for that Member, then that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.5 Revocation or Unacceptable Conditioning of State or Federal Funding. In the event the State of California or the federal government withdraws any previously approved funding for a specific component of the Project or conditions such funding in a manner a Member deems unacceptable prior when the Authority executes the Final Funding Agreement, then any Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.6 Unacceptable Permit Conditions. Subject to Section 8.3.8, in the event any entity or jurisdiction whose approval must be obtained to design, construct, or operate a specific component of the Project conditions its approval in a manner a Member deems unacceptable, such Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.7 Water Supply Conditions for Withdrawal. Subject to Section 8.3.8, in the event a Member determines that it cannot timely obtain: (i) long-term water supply for the Project, including any necessary water rights, upon terms it finds reasonable and consistent with its needs and objectives; (ii) any rights or entitlements needed to acquire or convey such a water supply; or (iii) agreements with the California Department of Water Resources, the South Bay Aqueduct (SBA) Contractors or any other entity to allow for the conveyance of water supplies through the SBA or other conveyance facility for use by the Member or any of its wholesale customers, that Member may withdraw from the Authority upon at least sixty (60) days’ written notice to the other Members.

8.3.8 Approval once Final Funding Agreement is Executed. Notwithstanding the foregoing subsections in this Section 8.3, after the Authority executes the Final Funding Agreement, a Member may withdraw from the Authority only if (a) approved by at least seventy-five percent (75%) of the total number of Directors, who must find and determine in connection with such approval that there would be no adverse and material effect, as defined in this Section 8.3.8, or (b) if some or all of the other Members have agreed to assume the withdrawing Member’s obligations under such Bonds to finance Project facilities described on Exhibit B, and/or have agreed to assume the withdrawing Member’s outstanding payment of capital costs to which it has committed in its Service Agreement. For purposes of this Section 8.3.8, “adverse and material effect” means any effect that would result in a downgrade or suspension on the rating of the Bonds or cause delays or increased costs with respect to construction of the Project. Where the withdrawal of a Member pursuant to this Section 8.3.8 does not occur with the approval of the Board in accordance with subdivision (a), then notwithstanding the assumption of the withdrawing Member’s obligations with respect to any Bonds or payment of capital costs, as applicable, if the Member or Members assuming those obligations fails or fail to make the assumed portion of any debt service payment or capital costs, as applicable, the withdrawing Member shall be obligated for any such shortfall in payment, for as long as such Bonds remain outstanding or until construction of the Project component has been completed, as applicable. Notwithstanding any withdrawal permitted under subdivision (b) of this Section 8.3.8, a Member, or its successor if applicable, shall remain obligated under this Agreement to make any payments with respect to any specific component of the Project to which that Member

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previously committed, either as self-funded or under any Bonds. Such a withdrawing Member shall have no obligation under this Agreement for any financial commitments for any specific component of the Project in which the withdrawing Member did not commit to participate prior to its withdrawal. The Authority shall not issue Bonds for any specific component of the Project before all construction bids for that component have been received and any meet and confer process undertaken pursuant to Section 8.3.3 has concluded.

8.4 Effect of Withdrawal.

8.4.1 A withdrawal from the Authority constitutes a withdrawal of that Member’s representative Director from the Board and from any committee on which that Director is serving, including in the event a Member’s obligations under any Bonds have been assumed by another Member as stated in Section 8.3.8, above, so that the assuming Member does not obtain a second Director position by reason of its assumption of those obligations. If at any time there are only two (2) Members, any desired withdrawal shall be subject to the termination provisions of this Agreement. Unless otherwise agreed upon by all of the remaining Members, the withdrawal of a Member shall not terminate its responsibility to contribute its share of any obligation incurred by the Authority on or before the date the withdrawing Member gives written notice of intent to withdraw, as determined by the Board based upon that Member’s obligations under the Interim Funding Agreement, its respective Service Agreement (if the Member has executed that agreement), or otherwise under this Agreement, or to perform any other obligation arising from a separate agreement or other legally binding obligation, including amounts determined by the Board for (1) liabilities and claims accrued during the time prior to that Member giving written notice of intent to withdraw, or is deemed to have withdrawn (including any future obligations arising from retirement benefits for past and existing employees of the Authority, if any), or (2) budgeted expenses for the Budget period in which notice of intent to withdraw is given. A withdrawing Member therefore shall remain obligated to pay its portion of debt service on any outstanding obligations for which such Member was obligated to pay prior to withdrawal, or remain obligated to pay any portion of ongoing capital costs for a Project component in which the withdrawing Member was participating prior to such withdrawal.

8.4.2 Except as the withdrawing Member may agree in writing with the Authority, the withdrawing Member shall automatically relinquish all rights as a Member under this Agreement, on the effective date of the withdrawal and shall not accrue any financial obligations under this Agreement or any other Project-related agreement after the date that notice of intent to withdraw is given. The withdrawing Member’s share of Project rights and benefits shall be distributed among the remaining Members in proportion to their allocations of such rights and benefits as of the effective date of the withdrawal, unless the Members otherwise agree to a different distribution; provided, however, that the distribution of the withdrawing Member’s share of Project rights and benefits shall not occur until such time as the Board confirms the proportionate distribution of those rights and benefits or approves the plan for such distribution.

8.4.3 For any Member that has self-funded any financial obligation to the Authority for a specific component of the Project and subsequently withdrawn from the Authority, the Board shall determine an equitable allocation of such monies previously paid to the Authority and return to that withdrawing Member any uncommitted funds, provided that any such refund may be structured to ensure it does not materially adversely impact the Authority’s financial condition. The Board’s determination of that equitable allocation shall take into consideration the amount of Project costs that have been paid through payment of principal under any Bonds issued in the period since the withdrawing Member self-funded its financial obligation.

8.5 Disbursement Upon Termination; Post-Termination Liabilities. Upon termination of this Agreement and after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, the Board may, in its discretion and by a unanimous vote of the then‐current

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Directors, distribute all remaining assets of the Authority based on an apportionment the Board deems equitable. In the event the Board cannot reach a unanimous vote on that distribution, then the Members shall proceed in accordance with Section 11.2 to attempt to resolve any disputed issue in connection with the distribution of assets. Any further liabilities of the Authority that may accrue after termination of this Agreement shall be allocated among the former Members in the same proportion as the Authority’s expenses are allocated under the Budget at the time of the termination; provided that the Board shall take into consideration any non-monetary contributions Grassland Water District may provide with respect to its share of such liabilities.

8.6 SLDMWA Member Participation. In addition to adjustments to the SLDMWA members listed in Exhibit A as authorized under Section 8.2, this section authorizes: (1) SLDMWA to assign to a SLDMWA member listed on Exhibit A all of SLDMWA’s rights and obligations previously held by SLDMWA as a Member of the Authority (referred to herein as a “substitution”), and (2) for a SLDMWA member listed on Exhibit A to terminate its participation through SLDMWA and for that SLDMWA member to become a member of the Authority (referred to herein as a “change”). A substitution or change may necessitate revisions to SLDMWA’s Service Agreement, and any SLDMWA member involved in a change will need to enter into or be assigned rights and obligations under a Service Agreement. Under no circumstance will the rights and obligations of SLDMWA and the SLDMWA members participating separately in the Authority that exist after the substitution or change exceed the rights and obligations of SLDMWA that existed prior to the substitution or change. To the extent the terms of this section conflicts with the terms of any other section of the Agreement or any other agreement referenced herein, the terms of this section shall control.

8.6.1 Substitution. If SLDMWA and a SLDMWA member notify the Authority of their intent for the SLDMWA member to substitute for SLDMWA as a Member of the Authority, such substitution will take effect immediately upon notice, with the SLDMWA member assuming all rights and obligations previously held by SLDMWA as a Member of the Authority.

8.6.2 Change. If one or more SLDMWA member(s) notifies the Authority of the intent to participate in the Authority separate from SLDMWA, but two or more SLDMWA members will maintain their participation in the Authority through SLDMWA, then such change will take effect immediately upon notice. To be effective, the notice will inform the Authority of how the rights and obligations of SLDMWA that existed prior to the change will be exercised by SLDMWA and the SLDMWA members after the change. In the event a change occurs, then SLDMWA and the applicable SLDMWA member agency(ies) must determine how they will address any resulting governance issue, but the change shall not result in any increase in the voting power of SLDMWA and any SLDMWA member agency participating in the Authority as a result of that change, and SLDMWA and any such member agency(ies) shall not obtain more than a total of one (1) vote by reason of that change on matters coming before the Board, unless such SLDMWA member agency proceeds under the new member provisions of Section 10.3.

ARTICLE 9

BREACH AND MEMBERSHIP TERMINATION

9.1 Compliance with Agreement. Each Member shall comply with the terms of this Agreement and fulfill its obligations hereunder, as well as under its Service Agreement, including all financial obligations it undertakes in connection with the Project.

9.2 One-Year Suspension Period – Monetary Breaches. If any Member fails to meet that Member’s financial obligations under this Agreement, the Authority may, in the sole discretion of the Authority’s Board of Directors, suspend any benefits that Member would receive from this Agreement until such time as all of that Member’s financial obligations owed to the Authority under this Agreement are satisfied, provided that the Authority has first given that Member a minimum of

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sixty (60) days’ advance written notice of such suspension. If that Member does not satisfy its financial obligations under this Agreement following receipt of the Authority’s written notice for a period of one (1) year from the effective date of the suspension, that Member shall be deemed to have withdrawn from the Authority and the provisions of Section 8.4 shall apply. The Authority shall not impose interest on that Member’s financial obligations under this Agreement during this one (1) year period. Notwithstanding the foregoing, if the Member’s breach relates to a failure to pay administrative and/or operational expenses, that Member shall not be subject to termination until such time as that Member’s funds held by the Authority as administrative and/or operational reserves are exhausted. For the purposes of this Section 9.2, any failure by SFPUC to appropriate adequate funds in any Fiscal Year to meet its obligation under its Service Agreement or other financial obligations under this Agreement is not a breach of this Agreement and Section 7.12 shall apply.

9.3 Breach of Agreement – Non-Monetary Breaches. In the event the Board determines a Member has breached any non-monetary obligation under this Agreement by failing to perform any obligation hereunder, other than the payment of monies to the Authority, the Authority shall give that Member written notice of that breach and an opportunity for sixty (60) days to cure that breach, or such longer period of time as the Board determines is reasonable, in its sole and absolute discretion, to cure the breach. If that Member fails to cure that breach within that sixty (60) day or longer period, then that Member may have its rights under this Agreement terminated and may be excluded from further participation in the Authority by the vote of at least three-quarters (seventy-five percent (75%)) of the total number of Directors. Any such termination shall be deemed a withdrawal from the Authority for the purposes of Section 8.4, and such defaulting Member shall continue to be liable for its obligations to the extent and as provided in Section 8.4, including, but not limited to, such defaulting Member’s obligation to pay its share of any debt service on any outstanding Bonds, or its share of any capital costs relating to a specific Project component.

9.4 Enforcement. Subject to the one-year suspension period under Section 9.2 with respect to any Member’s failure to meet its financial obligations, if a Member defaults in any undertaking contained in this Agreement, that default shall not excuse such Member or any other Member from fulfilling its obligations under this Agreement and each Member shall continue to be liable for the performance of all conditions herein contained. Each Member hereby declares that this Agreement is entered into for the benefit of the Authority created hereby and for each Member and hereby grants to the Authority the right to enforce by whatever means, legal and equitable, the Authority deems appropriate in consideration of all obligations of each of the Members hereunder. The foregoing provisions in this Section 9.4 do not pertain to any failure by SFPUC to appropriate adequate funds in any Fiscal Year to meet its obligation under its Service Agreement or other financial obligations under this Agreement. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies.

ARTICLE 10 SPECIAL PROVISIONS

10.1 Insurance. The Authority shall maintain types and levels of insurance coverage for the Authority as the Board determines to be reasonably adequate.

10.2 Liability of Authority and Members.

10.2.1 To the full extent authorized by Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority, with the exception of retirement liabilities of the Authority if the Authority contracts with a public retirement system, shall be the debts, liabilities, and obligations solely of the Authority and not the debts, liabilities, and obligations of any of the Members or any of their respective members, officers, directors, employees, or agents. The Authority, its Directors,

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officers, employees, staff, and agents shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement.

10.2.2 No Member, its officers, directors, or employees shall be responsible for any

action taken or omitted by any other Member, or its members, officers, directors, or employees. To the extent allowed by law, the Members repudiate the provision for joint and several tort liability provided under Government Code Section 895.2, and agree, pursuant to Government Code Section 895.4, that each Member shall fully indemnify and hold harmless each other Member and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any negligent or wrongful act or omission of such Member in the performance of this Agreement, and the Members intend that each Member provide indemnity or contribution in proportion to that Member’s responsibility for any such claim, damage, loss, judgment, liability, expense or other cost, as determined under principles of comparative negligence.

10.3 New Members. It is recognized that public agencies other than the original Members

to this Agreement may wish to participate in the Authority. As determined by the Board of Directors, in its sole discretion, any such public agency must have the common powers specified in Recitals A and B, above, must be located within the Project Service Area, must be credit worthy, and must provide benefits to the Project and other Members. Any proposed new Member must meet all established principles or requirements adopted by any Member with respect to potential participation in the Project that are in effect at the time the proposed new Member applies to become a Member. Additional public agencies may become Members upon such terms and conditions as approved by at least a simple majority vote of the Board, including establishment of an appropriate cost allocation for that new Member and payment by the new Member of an acceptable financial contribution to offset prior expenses incurred by the existing Members in developing and operating the Project. Any new Member must be approved by at least a simple majority of the governing boards of the existing Members of the Authority, evidenced by the execution of a written amendment to this Agreement signed by the new Member. Notwithstanding the foregoing, a change in the SLDMWA’s participation structure shall be governed by Section 8.6, unless a SLDMWA member elects to pursue membership pursuant to this Section 10.3.

10.4 Retirement System. The Authority shall not enter into a contract with the California Public Employees’ Retirement System or any other public retirement system without the unanimous approval of the Board and ratification by all of the governing bodies of the Members. The Members acknowledge that if the Authority enters into any such contract, as referenced in Section 10.2, above, the Members may have responsibility under Government Code Section 6508.2 for the Authority’s retirement liabilities in the event this Agreement is terminated or the Authority terminates that contract. In such a situation, the Members shall attempt to reach mutual agreement on the allocation of those liabilities among the Members and understand that if they are unable to reach such a mutual agreement, those liabilities shall be allocated among the Members in the same proportion as the Authority’s expenses are allocated under the Budget at the time of the termination of this Agreement or of the retirement system contract.

10.5 Indemnity by the Authority. The Authority shall indemnify, defend and hold harmless the Board, each Member, and their members, officers, directors, employees, and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, except such loss or damage which was caused by the negligence or willful misconduct of any Member, or their members, officers, directors, employees, and agents. The Authority’s duty to indemnify each Member pursuant to this Agreement shall survive that Member’s withdrawal from the Agency.

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10.6 Conflict of Interest Code. The Authority shall, by resolution, adopt a conflict of interest code as required by law.

10.7 No Policy Advocacy. The Authority shall only engage in policy advocacy or legislative, lobbying, or governmental affairs activities directly related to the Project, including third party funding and financial issues. Such functions may also be performed by individual Members in their sole discretion.

ARTICLE 11 MISCELLANEOUS PROVISIONS

11.1 Severability. If any section, clause or phrase of this Agreement or the application thereof to any Member or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the Agreement or the application of such provisions to any other Member or to other persons or circumstances shall not be affected thereby. In the event a provision is held to be invalid, the Members shall work in good faith to restore the intent of any provision that held to be invalid. Each Member hereby declares that it would have entered into this Agreement, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid.

11.2 Dispute Resolution. If a dispute arises as to the construction, interpretation or implementation of any portion of this Agreement or any matters that arise in connection with this Agreement, the Members in dispute (including the Authority if the dispute is between one or more Members and the Authority, in which case the Board shall determine who will represent the Authority in the meet and confer and mediation processes) shall meet and confer in person in an attempt to resolve that dispute within thirty (30) days of a Member or the Authority giving the other Members or the Authority notice of the dispute. If the Members or the Authority cannot resolve the dispute through that meet and confer process, the Members or the Authority in dispute shall proceed to non-binding mediation of the dispute in front of an independent, neutral mediator agreed to by those Members or the Authority, unless they both agree to waive that mediation. If the Members or the Authority in dispute cannot agree upon a mediator, the mediation service selected shall choose the mediator. The Members or the Authority in dispute shall equally divide and pay the mediation costs.

11.3 Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally, by registered or certified mail, postage prepaid, by nationally-recognized overnight courier, or by e-mail to the respective Members, at the addresses provided in Exhibit C attached hereto. With respect to delivery by e-mail, any such e-mail message shall be sent using a system that provides reasonable assurance: (i) that the message was sent; (ii) that the message was delivered to the recipient’s information processing system, and (iii) of the time and date the message was delivered to the recipient, along with a verifiable electronic record of the exact content of the message sent. The Members may from time to time change the address to which notice may be provided by providing notice of the change to the other Members.

11.4 Consent. Whenever in this Agreement or in any amendment thereto consent or approval is required, the same shall not be arbitrarily or capriciously withheld or delayed.

11.5 Other Agreements Not Prohibited. Other agreements by and between the Members or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.

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11.6 Section Headings. The section headings herein are for convenience of the Members only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

11.7 Governing Law; Venue. Any judicial action or proceeding that relates to the Agreement, the Authority or the Project between or among any or all of the Members and/or the Authority shall be initially brought in Contra Costa County Superior Court and will be transferred to a neutral venue. The litigants shall attempt to stipulate to a mutually agreeable neutral venue, and if unable to agree will resolve any venue dispute through a motion to transfer brought pursuant to California Code of Civil Procedure section 394. The parties to any litigation will support transfer to a neutral venue and will not object to transfer to a neutral venue.

11.8 Construction of Language. It is the intention of the Members that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. Additionally, any dispute concerning determination of an “adverse and material effect” pursuant to Section 3.3.4 shall be determined under an arbitrary and capricious standard in connection with the affected Member’s exercise of its veto right.

11.9 Cooperation. The Members recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement.

11.10 Successors. Subject to Section 11.11, this Agreement shall be binding upon and shall inure to the benefit of the successors of the Members.

11.11 Assignment. Except as provided for SLDMWA and the SLDMWA members, a Member may not assign its membership in the Authority without the consent of all of the other Members. Any assignment of a membership in the Authority made under this Section 11.11 upon the consent of all of the other Members will not result in the novation of the assignor Member’s obligations with respect to this Agreement, the Member’s Service Agreement or any other agreement which may obligate the assignor Member, unless such novation is agreed to in writing by such consenting Members, the assignee and the assignor Member. Notwithstanding the foregoing, a Member may assign its rights to utilize the Project in accordance with the provisions of its Service Agreement and any applicable Facilities Usage Agreement; but in such a case, the assignor Member that holds those rights will remain obligated for the payment of debt service, capital costs or operating expenses to the extent such costs are not paid by the assignee. In addition, any such assignment of rights to use of the Project must be consistent with the Project’s permits and approvals and be limited to use within the Project Service Area.

11.12 Enforcement. The Authority is hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this Agreement.

11.13 Integration. This Agreement constitutes the full and complete Agreement of the Members regarding the creation and administration of the Authority.

11.14 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement.

SIGNATURES ON FOLLOWING PAGES

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IN WITNESS WHEREOF, the Members have caused this Joint Exercise of Powers Agreement to be executed and attested by their proper officers thereunto duly authorized on the day and year set forth below.

Ed Stevenson, General Manager Date Alameda County Water District Approved as to Form: Date

Patrick Miyaki, General Counsel Stephen J. Welch, General Manager Date Contra Costa Water District Approved as to Form: Date

Douglas E. Coty, General Counsel Clifford C. Chan, General Manager Date East Bay Municipal Utility District Approved as to Form: Date

Jonathan D. Salmon, Assistant General Counsel

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Ricardo Ortega, General Manager Date Grassland Water District Approved as to Form: Date

Ellen L. Wehr, General Counsel Michael Carlin, Acting General Manager Date

San Francisco Public Utilities Commission Approved as to Form: Date Dennis J. Herrera, City Attorney By Joshua Milstein Date

Deputy City Attorney Federico Barajas, Executive Director Date San Luis & Delta-Mendota Water Authority Approved as to Form: Date

Rebecca Akroyd, General Counsel

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Rick L. Callender, Esq. Chief Executive Officer Date Santa Clara Valley Water District Approved as to Form: Date

Carlos Orellana, District Counsel Valerie Pryor, General Manager Date Zone 7 Water Agency Approved as to Form: Date

Rebecca Smith, General Counsel

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EXHIBIT A

AUTHORITY MEMBERS

• Alameda County Flood Control & Water Conservation District, Zone 7

• Alameda County Water District

• Contra Costa Water District (to include City of Brentwood*)

• East Bay Municipal Utility District

• Grassland Water District

• Santa Clara Valley Water District

• San Francisco Public Utilities Commission (to include Bay Area Water Supply & Conservation

Agency*)

• San Luis & Delta-Mendota Water Authority, consisting of:

• Byron-Bethany Irrigation District

• Del Puerto Water District

• Panoche Water District

• Westlands Water District

[NOTE: The number and list of SLDMWA-member agencies participating through SLDMWA may change without requiring amendment of this Exhibit A or the Agreement]

• Department of Water Resources (ex officio, non-voting pursuant to Water Code Section 79759(b))

*The City of Brentwood and the Bay Area Water Supply & Conservation Agency are not signatory parties to the JPA, and

are not bound by, and do not independently benefit from, its terms and conditions. Rather, these parties contract for project benefits through their wholesale providers.

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EXHIBIT B

LIST OF FACILITIES*

No. Description Type Builder Operator

1 Los Vaqueros Dam Raise New Facility CCWD CCWD

2 Neroly High-Lift Pump Station New Facility CCWD CCWD

3 Transfer Facility Expansion New Facility CCWD CCWD

4 Transfer-Bethany Pipeline New Facility CCWD CCWD

5 Los Vaqueros Recreation Facilities Modified Facility CCWD CCWD

6 Rock Slough PP#1 Replacement Modified Facility CCWD CCWD

7 Transfer Facilities Improvements Modified Facility CCWD CCWD

8 Mokelumne Aqueduct Lining Modified Facility EBMUD EBMUD

9 Walnut Creek VFDs New Facility EBMUD EBMUD

10 Mokelumne Aqueduct EBMUD-Provided Facility

EBMUD is responsible for construction, operation, and maintenance and is compensated through the EBMUD Facilities Usage Agreement

11 Freeport Intake EBMUD-Provided Facility

12 Walnut Creek Pumping Plant EBMUD-Provided Facility

13 EBMUD-CCWD Intertie CCWD-Provided Facility

CCWD is responsible for construction, operation, and maintenance and is compensated through the CCWD Facilities Usage Agreement

14 Los Vaqueros Dam CCWD-Provided Facility

15 Los Vaqueros Pipeline CCWD-Provided Facility

16 Middle River Intake CCWD-Provided Facility

17 Middle River Pipeline CCWD-Provided Facility

18 Old River Intake CCWD-Provided Facility

19 Old River Pipeline CCWD-Provided Facility

20 Rock Slough Facilities CCWD-Provided Facility

21 Transfer Pipeline CCWD-Provided Facility

*This Exhibit B lists those facilities that have been included in various Project application and agreement documents. Some facilities listed on Exhibit B will provide differing levels of benefits (or no benefits) to certain Members. The Service Agreements and Facilities Usage Agreements will address those specific levels of

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benefits and related cost allocations. Facilities listed in this Exhibit B are subject to modification as to the nature and type of the facility, and additional facilities may be added to Exhibit B prior to JPA formation as circumstances may warrant, including obtaining of additional state or federal grant funding. No rights to the use of any facility are provided by reason of the listing of that facility on Exhibit B. Such rights of use are only provided through the Facilities Usage Agreements and Service Agreements to be entered into.

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EXHIBIT C

MEMBER ADDRESSES

Member Addresses

Alameda County Water District 43885 S. Grimmer Blvd., Fremont, California 94538

Contra Costa Water District 1331 Concord Avenue, Concord, California 94520 P.O. Box H20 Concord, California 94524

East Bay Municipal Utility District 375 Eleventh Street, M.S. 407, Oakland, California 94607

San Luis & Delta Mendota Water Authority 15990 Kelso Road, Byron, California 94514 P.O. Box 2157, Los Banos, California 93635

Grassland Water District 200 W. Willmott Avenue, Los Banos, California 93635

San Francisco Public Utilities Commission 525 Golden Gate Avenue, 10th Floor San Francisco, California 94102

Santa Clara Valley Water District 5750 Almaden Expressway, San Jose, California 95118

Zone 7 Water Agency 100 N. Canyon Parkway, Livermore, California 94551

EX OFFICIO MEMBER: California Department of Water Resources

1416 9th Street, Room 1115-1, Sacramento, California 95814 P. O. Box 942836, Room 1115-1, Sacramento, California 94236-0001

16927302.3

RESOLUTION NO. ______

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT APPROVING THE INTENTION TO CHANGE FROM AT-LARGE TO ZONE-BASED ELECTIONS FOR ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS

_________________________

WHEREAS, the Alameda County Water District (District) is a water district duly

organized and operating pursuant to the County Water District Law, California Water Code

sections 30000 to 33901;

WHEREAS, the District was established in 1914 with boundaries including the cities of

Fremont, Newark, and Union City;

WHEREAS, the District’s mission is to provide a reliable supply of high quality water at a

reasonable price to its customers;

WHEREAS, the Board seeks to manage the District in a manner to maximize efficiency

and to ensure delivery of quality services to its residents;

WHEREAS, the Board currently is comprised of 5 directors who serve 4-year staggered

terms and are elected in even-numbered years pursuant to Water Code sections 30500 and 30501,

and Elections Code section 10505;

WHEREAS, the District's enabling legislation provides that the directors be elected at

large;

WHEREAS, voter participation in the election process for Board members is of the utmost

importance, and the Board desires to encourage the fullest voter participation in elections of Board

members;

WHEREAS, the Board desires that its members represent the interests of all residents

within the jurisdiction of the District, and that the community have confidence that the Board

continues to represent the interests of the District;

WHEREAS, the Board desires to change the electoral system for election of its Board

members to a zone-based system from the current at-large system;

2 16927302.3

WHEREAS, it is the District's intention to establish 5 zones which: are in compliance with

one person, one vote requirements; are intended to ensure the opportunity of the District's minority

groups with respect to their effective exercise of the electoral franchise; and, include consideration

of topography, geography, cohesiveness, contiguity, integrity and compactness of territory, non-

disturbance to existing precincts for purposes of implementation, as well as maintaining vital

communities of interest;

WHEREAS, the release of the new 2020 federal census data has been pushed back until at

least the end of September 2021;

WHEREAS, the next election at which Board members for the District’s Board of

Directors will be chosen is not until November 2022;

WHEREAS, the District desires to protect public resources and hold its hearings and draw

zone-based maps one time, after the release of the new 2020 census data expected in September

2021, as that is the most efficient use of public resources because there is no reason to initiate this

process any sooner;

WHEREAS, in moving to zone-based elections, the District's Board desires to engage the

community in the dialogue as to how the zones should be drawn, as well as which zones should be

on the election ballots;

WHEREAS, the Board has authorized legal counsel to retain a demographer to assist the

District in drawing maps for zone-based elections;

WHEREAS, the District will reimburse the prospective plaintiff's costs for the work

product generated in accordance with Elections Code section 10010 if the District receives a

request for such reimbursement and determines it to be in compliance with the Elections Code.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Board hereby announces its intent to change the system of election of its Board of

Directors from an at-large to a zone-based system;

2. The District will begin the formal public hearing process within three months from the

date the new 2020 census data is released and is available to the District and, once the

process starts, the District will hold at least two public hearings over a period of

3 16927302.3

approximately 30 days to discuss and seek public input on the proposed boundaries of

the zones in the zone-based system;

3. The District will utilize the services of a demographer to assist it in the drawing of

zones for the new proposed zone-based system;

4. It is the District's intention to establish 5 zones which: are in compliance with one

person, one vote requirements; are intended to ensure the opportunity of the District's

minority groups to exercise effectively the electoral franchise; and, include

consideration of topography, geography, cohesiveness, contiguity, integrity and

compactness of territory, non-disturbance to existing precincts for purposes of

implementation, as well as maintaining vital communities of interest;

5. After receiving input at the first two public hearings, the District will draw one or more

draft maps and publish them at least 7 days before consideration at a public hearing;

6. Any revised draft map to be considered at a subsequent public hearing will be published

at least 7 days before the subsequent public hearing;

7. The District will hold at least three additional public hearings at which maps will be

shared with the public in the manner described above and considered by the Board over

a period of approximately 90 days so that the public may have input on the draft maps

and proposed sequence of elections;

8. Given that Directors serve staggered terms and two seats are up for election in

November 2022 and the remaining three seats are up for election in November 2024, it

is the District's intent to have two directors elected from the new zones in November

2022 and three directors elected from new zones in November 2024;

9. In determining the final sequence of zone-based elections, the District shall give special

consideration to the purposes and spirit of the California Voting Rights Act, specifically

Elections Code sections 14025 et seq.;

10. The District intends to determine and set the new zones for election of members of its

Board and set the final sequence of elections from those zones after the release of the

new 2020 census data and estimates that the process will take approximately 120 days

from the first public hearing and in advance of the November 2022 election, when the

District anticipates that two Directors from new zones will be elected; and,

4 16927302.3

11. The Board directs the General Manager to take all necessary steps to facilitate the

implementation of a zone-based system for the election of Board members to the

District's Board of Directors.

PASSED AND ADOPTED this 12th day of August 2021, by the following vote of the Board:

AYES:

NOES:

ABSENT:

_________________________________ Aziz Akbari, President Board of Directors Alameda County Water District

ATTEST:


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OPERATIONS & WATER QUALITY COMMITTEE SUMMARY MINUTES

July 6, 2021 4:15 p.m.

ATTENDANCE Directors: John Weed (Chair), Judy Huang Staff: Ed Stevenson, Mike Wickham, Dan Stevenson, Dave Albrecht, Joey Correia, Dennis

Kong Public: Ken Nishimura, Kelly Abreu

The monthly Operations & Water Quality Committee Meeting was held on July 6, 2021, at 4:15 PM. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference and members of the public were invited to participate.

DISCUSSION TOPIC

1. Facilities Maintenance Division Maintenance Projects and System Upgrades: Mr. DanStevenson, Facilities Maintenance Manager, provided an overview of the roles andresponsibilities of the Facilities Maintenance Division. Mr. Dennis Kong and Mr. JoeyCorreia, both Engineers in Facilities Engineering, then provided an overview of somecompleted and ongoing projects being led by the Facilities Maintenance Division (FMD).

Mr. Kong provided an overview of projects that were completed during the Treatment Plant #2 (TP2) March 2021 shutdown. Topics covered included: Gravity Thickener Drives and Rake Arms Replacement Project, Ozone Contactor Diffusers and Piping Replacement, Ozone Generators Rehabilitation, and Construction Joint Resealing. It was noted that the Gravity Thickeners project was presented to the Committee in August 2020 and authorized by the Board in September 2020. Mr. Kong explained that the ozone contactor diffusers and piping replacement and ozone generators rehabilitation were necessary to preserve the integrity of ozone gas, which is the primary disinfectant at TP2. It was also noted that construction joint resealing at TP2 was performed to ensure a water-tight seal and helps to maintain the structural integrity of the concrete basins. Mr. Kong provided an overview of other projects that were completed outside of TP2’s shutdown window. The topics covered included the Seven Hills Primary Regulator Valve and Piping Replacement Project, and TP2 Filter 5 24” backwash valve replacement. He explained that the Seven Hills Primary Regulator Station was rebuilt to address multiple preexisting issues with the old station. He described the complexity of the Filter 5 valve replacement and provided a brief recap of the process. Mr. Kong also provided an overview of projects that are ongoing and in planning. The projects included the Scott Creek and Avalon Heights Booster Station Valves Replacement, Turbidimeter Replacement, and projects planned for the TP2 March 2022 shutdown. Mr. Kong then described how FMD was working to optimizing several of the District’s existing facilities including the Newark Desalination Facility Logic Verification and Whitfield Reservoir Altitude and Isolation Valves Automation.

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Mr. Correia then provided an overview of the electrical projects that were completed during the TP2 March 2021 shutdown. The projects covered included the Arc Flash Study and Uninterruptable Power Supply (UPS) replacements. It was noted that the Arc Flash Study project was presented to the Committee in December 2020 and authorized by the Board in January 2021. Mr. Correia also provided an overview of other electrical projects that were completed over the past year outside of TP2’s shutdown window. The projects covered included UPS replacements at the Desalination and Blending Facilities, preventative maintenance in the form of electrical testing at the District’s Headquarters facility, and Avalon system pump control optimization. Mr. Correia explained that the UPS at the Blending Facility was upgraded and relocated to the main electrical building as a more reliable location. The UPS at the Desalination Plant was also upgraded to a new unit. It was noted that Arc Flash surveying work took place simultaneously with the installation of the new UPS units during the limited 4-hour shut down window at the Desalination Plant. Mr. Correia explained that the electrical testing conducted at the District’s Headquarters was for preventative maintenance that is scheduled to occur on a 3-year cycle due to all the critical systems that operate in and around the Headquarters location. Mr. Correia lastly explained upcoming projects being planned for the TP2 shutdown of 2022. Staff received comments and responded to questions from Directors Weed and Huang.

2. Public Comments: Attendee Mr. Ken Nishimura expressed appreciation for the presentation and observed that the presentation indicated the District was employing good electrical safety practices and working to keep up to date on electrical codes. Mr. Kelly Abreu also noted that system maintenance work is very important.

Mr. Abreu also provided comments on the District’s N3 Ranch messaging, conservation messaging by other agencies, and observed that water supply forecasting appeared to provide variable results.

RECOMMENDATIONS Director Huang suggested that the topic of Facilities Maintenance Division Maintenance Projects and System Upgrades become a reoccurring topic for the Committee as a reminder of the importance of the work that takes place daily to maintain the integrity of the District’s infrastructure.

LEGAL, INTERGOVERNMENTAL & COMMUNITY AFFAIRS COMMITTEE MEETING   

SUMMARY MINUTES    Tuesday, July 13, 2021   

4:15 P.M.   

ATTENDANCE    Directors:  Paul Sethy (Chair), Jim Gunther      Staff:   Ed Stevenson, Sharene Gonzales      Legislative Representatives: Jonathan Clay, Erin Gilbert 

The monthly Legal, Intergovernmental & Community Affairs Committee Meeting was held on July 13, 2021, at 4:15 PM. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference, and members of the public were invited to participate.   

DISCUSSION TOPICS 

1. Update on State Legislation:  Jonathan Clay and Erin Gilbert of JGC GovernmentRelations reviewed the attached monthly legislative report with discussion on the StateBudget, several bills the District is monitoring, and legislative updates. Mr. Clay and Ms.Gilbert responded to questions from the Committee.

2. Public Outreach Update: Sharene Gonzales, Public Affairs Supervisor, provided the attachedcommunications and outreach report covering June 9 through July 13, 2021. Ms. Gonzales’overview included a summary of District communication and outreach efforts, including thewater bill messages, website articles, and social and traditional media updates for the reportingperiod. The update also included earned media with an article titled, “East Bay water districtmay have missed opportunity to buy 50,000-acre ranch,” in The Mercury News and videopublic service announcements airing on government access cable channel UCTV 15 topromote Advanced Metering Infrastructure, One Saves Water, and the WaterClips videos withemergency preparedness messages.

3. One Saves Water Campaign Update: Sharene Gonzales, Public Affairs Supervisor, providedthe attached report giving an update on, “One Saves Water,” the water conservation outreachcampaign.

Staff responded to questions from the Committee.

4. Public Comments: Mr. Abreu commented on the difficulty of gaining support for potablewater recycling in the Tri-Valley as well as suggested intergovernmental coordination for aneasement to the South Bay Aqueduct.

RECOMMENDATIONS    Topics discussed by the Committee were informational only, and no recommendations are being made.    

1100KStreet|Suite100|Sacramento,CA95814|[email protected]|[email protected]

TO:EdStevenson,AlamedaCountyWaterDistrictFROM:JGCGovernmentRelations,Inc.DATE:July9,2021SUBJECT:JuneLegislativeReportLikeMay,JunehasbeenextremelybusyattheCapitolwiththepassageofaStateBudget,policyhearingsinthesecondhouse,andthereopeningoftheCapitoltothepublic.TheLegislaturewillcompletetheirsecondroundofpolicycommitteehearingsonJuly16thandthenwillbeginaone-monthsummerbreakbeforereturningtocompletetheLegislativeSession.ThefinalmonthofsessionwillstartonAugust16thandendonSeptember10th.AswithmostthingsduringCOVID,theStateBudgethasnotfollowedthetraditionalpath.TheLegislaturepassedandsenttotheGovernorabudgetproposalthatmettheConstitutionalrequirementtopassabudgetbyJune15th,butwehavenowseenmultiplebudgetbillsthatmodifytheoriginalproposalsignedbytheGovernor.WehaveheardthatthereareatleastthreeoutstandingitemsthatarestillbeingnegotiatedbetweentheGovernorandLegislativeLeadership.Thetrailerbillsthatcontainthepolicydirectionthatgoesalongwiththefundingcontainedwithinthebudgetbill(s)arestilleitherindraftformornotreleasedyet.TherearerumorsthattherewillbeawaterspecifictrailerbillreleasednextweektocoincidewiththeGovernor’srecentproclamationsexpandingthecountiesimpactedbydroughtandcallingforvoluntarywaterusereduction.WeexpecttoseeanotherroundofbudgetvotesduringthefinalweekofsessionbeforethesummerbreakbeginsonJuly16th.OnebillthatwehavebeencloselymonitoringandareworkingwithACWDstaffonisAB754(Mathis–groundwaterplans).AB754wassupposedtobeheardinSenateNaturalResourcesandWaterCommitteetheweekofJuly5th,butthathearingwaspostponedbyarequestfromtheChairoftheCommittee,whowantedAssemblyMathistomeetwithDWRtodiscussthepolicycontainedinAB754.ThebilliscurrentlysettobeheardonJuly13thinSenateNaturalResourcesandWater.Droughtconditionsremainattheforefrontofeveryone’sminds.Asmentionedabove,theGovernorusedhisexecutiveauthoritytoexpandthedroughtdeclarationto50outofCalifornia’s58countiesandalsocalledonCalifornian’stovoluntarilycutwaterconsumptionby15%.ThiscallforvoluntarywaterusereductionshasraisedquestionsamongstACWAmemberagenciesabouthowthiswillbemonitoredandmeasuredbytheSWRCB.

Andfinally,thereopeningoftheStateCapitolhasnotgoneentirelysmoothly.Duringthefirstfullweekofthebuildingbeingreopenedtothepublic,nineAssemblystafftestedpositiveforCOVID,fourofwhichwerefullyvaccinated.TheSenatedidnotseeasimilarincreaseinCOVIDcases.TheninenewcaseshaveresultedinbothhousesoftheLegislaturetoreturntomandatorymaskwearingwhileintheCapitolBuilding,andthereisdiscussionofpossiblyrequiringallstafftobevaccinatedthatworkintheCapitolBuilding.RightnowthevaccinationrateforstaffofbothhousesoftheCapitolstandsat85%.

Alameda PositionsBy Subject

ACWD - Board/Gov

AB 361 (Rivas, Robert D) Open meetings: local agencies: teleconferences. Current Text: Amended: 7/6/2021 html pdf Introduced: 2/1/2021 Last Amend: 7/6/2021 Status: 7/6/2021-Read second time and amended. Re-referred to Com. on JUD. Is Urgency: N Is Fiscal: N Location: 7/1/2021-S. JUD. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered1st House 2nd House

Calendar: 7/13/2021 1:30 p.m. - Senate Chamber SENATE JUDICIARY, UMBERG, Chair Summary: xisting law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of

a legislative body of a local agency, as those terms are defined, be open and public and that allpersons be permitted to attend and participate. This bill, until January 1, 2024, would authorize a localagency to use teleconferencing without complying with the teleconferencing requirements imposed bythe Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declaredstate of emergency, as that term is defined, when state or local health officials have imposed orrecommended measures to promote social distancing during a proclaimed state of emergency held forthe purpose of determining, by majority vote, whether meeting in person would present imminent risksto the health or safety of attendees, and during a proclaimed state of emergency when the legislativebody has determined that meeting in person would present imminent risks to the health or safety ofattendees, as provided.

Position Subject Support ACWD -

Board/Gov

AB 602 (Grayson D) Development fees: impact fee nexus study. Current Text: Amended: 7/5/2021 html pdf Introduced: 2/11/2021 Last Amend: 7/5/2021 Status: 7/8/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 8).

Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/8/2021-S. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law requires a city, county, or special district that has an internet website to makeavailable on its internet website certain information, as applicable, including its current schedule offees and exactions.This bill, among other things, would require, on and after January 1, 2022, a city,county, or special district that conducts an impact fee nexus study to follow specific standards andpractices, including, but not limited to, (1) that prior to the adoption of an associated development fee,an impact fee nexus study be adopted, (2) that the study identify the existing level of service for eachpublic facility, identify the proposed new level of service, and include an explanation of why the newlevel of service is necessary, and (3) if the study is adopted after July 1, 2022, either calculate a feelevied or imposed on a housing development project proportionately to the square footage of theproposed units, or make specified findings explaining why square footage is not an appropriate metricto calculate the fees.

Position Subject Pending ACWD -

Board/Gov

ACWD - Finance

SB 323 (Caballero D) Local government: water or sewer service: legal actions.

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https://a30.asmdc.org/

http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_0351-0400%5Cab_361_96_A_bill.htm

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https://sd12.senate.ca.gov/

http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0301-0350%5Csb_323_96_A_bill.htm

http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0301-0350%5Csb_323_96_A_bill.pdf

Current Text: Amended: 7/7/2021 html pdf Introduced: 2/5/2021 Last Amend: 7/7/2021 Status: 7/7/2021-From committee with author's amendments. Read second time and amended. Re-

referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 6/24/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law prohibits a local agency from imposing fees for specified purposes, includingfees for water or sewer connections, as defined, that exceed the estimated reasonable cost ofproviding the service for which the fee is charged, unless voter approval is obtained. Existing lawprovides that a local agency levying a new water or sewer connection fee or increasing a fee must doso by ordinance or resolution. Current law requires, for specified fees, including water or sewerconnection fees, any judicial action or proceeding to attack, review, set aside, void, or annul anordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee orservice charge to be commenced within 120 days of the effective date of the ordinance, resolution, ormotion according to specified procedures for validation proceedings. This bill would require any judicialaction or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, ormotion adopting, modifying, or amending water or sewer service fees or charges adopted afterJanuary 1, 2022, to be commenced within 120 days of the date of final passage, adoption, or approvalof the ordinance, resolution, or motion, except as provided.

Position Subject Support ACWD - Finance

ACWD - Water Resources

AB 754 (Mathis R) Sustainable groundwater management: groundwater sustainability plan. Current Text: Amended: 4/15/2021 html pdf Introduced: 2/16/2021 Last Amend: 4/15/2021 Status: 7/1/2021-In committee: Set, first hearing. Hearing canceled at the request of author. Is Urgency: N Is Fiscal: Y Location: 6/16/2021-S. N.R. & W. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/13/2021 9 a.m. - John L. Burton Hearing Room (4203) SENATE NATURAL RESOURCES ANDWATER, STERN, Chair

Summary: The Sustainable Groundwater Management Act authorizes the State Water ResourcesControl Board to designate a high- or medium-priority basin as a probationary basin if the basin is notentirely covered by an adopted groundwater sustainability plan or plans or a department-approvedalternative by the applicable deadline. The act authorizes the board to adopt an interim plan for aprobationary basin, as specified. This bill would authorize the department to extend the deadline for ahigh- or medium-priority basin not subject to critical conditions of overdraft to be managed under agroundwater sustainability plan or coordinated plans by up to 180 days after January 31, 2022, uponrequest of a local agency or groundwater sustainability agency in the basin for an extension of aspecified period of time. The bill would require a request to be submitted by January 3, 2022, and to beresponded to by the department by January 10, 2022.

Position Subject Watch ACWD - Water

Resources

Total Measures: 4Total Tracking Forms: 4

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http://ad26.asmrc.org/



Alameda County Water District Legislative Report7/9/2021

AB 979 (Frazier D) Sacramento-San Joaquin Delta: projects: sea level rise analysis report. Current Text: Amended: 4/13/2021 html pdf Current Analysis: 05/18/2021 Assembly Appropriations (text 4/13/2021) Introduced: 2/18/2021 Last Amend: 4/13/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE

on 5/19/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 5/25/2021-A. 2 YEAR Desk Policy 2 year Floor Desk Policy Fiscal Floor Conf.


Summary: The Sacramento-San Joaquin Delta Reform Act of 2009, provides that it is the policy of thestate to, among other things, reduce reliance on the Sacramento-San Joaquin Delta in meetingCalifornia’s future water supply needs through a statewide strategy of investing in improved regionalsupplies, conservation, and water use efficiency. Current law establishes the Delta StewardshipCouncil, which is required to develop, adopt, and commence implementation of a comprehensivemanagement plan, known as the Delta Plan, for the Sacramento-San Joaquin Delta. This bill wouldrequire any individual or entity that undertakes a project, as defined, within the Delta to complete areport analyzing the impact of sea level rise on the project.

Position Subject

AB 1058 (Garcia, Cristina D) Water corporations: bill payment options. Current Text: Amended: 4/12/2021 html pdf Current Analysis: 06/23/2021 Senate Floor Analyses (text 4/12/2021) Introduced: 2/18/2021 Last Amend: 4/12/2021 Status: 6/22/2021-Read second time. Ordered to third reading. Is Urgency: N Is Fiscal: Y Location: 6/22/2021-S. THIRD READING Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #64 SENATE ASSEMBLY BILLS - THIRD READING FILE Summary: Current law authorizes the Public Utilities Commission to fix the rates and charges for every

public utility, and requires that those rates and charges be just and reasonable. Current lawauthorizes an electrical, gas, or water corporation to offer credit card and debit card bill paymentoptions, if approved by the commission, and, upon approval, authorizes an electrical, gas, or watercorporation to recover, through an individual customer transaction fee, reasonable transaction costsincurred by the electrical, gas, or water corporation from those customers that choose those methodsof payment. Current law includes statements of legislative intent relative to electrical, gas, and watercorporations offering customers the option to pay by credit card or debit card. This bill would deletewater corporations from the above-described authorization to offer credit card and debit card billpayment options, the associated cost recovery provisions, and the related statements of legislativeintent, thereby limiting those provisions to electrical and gas corporations.

Position Subject

SB 112 (Skinner D) Budget Act of 2021. Current Text: Amended: 6/9/2021 html pdf Introduced: 1/8/2021 Last Amend: 6/9/2021 Status: 6/9/2021-From committee with author's amendments. Read second time and amended. Re-

referred to Com. on B. & F.R. Is Urgency: Y Is Fiscal: Y

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http://ct3k1.capitoltrack.com/Bills/21Bills/asm/ab_0951-1000/ab_979_cfa_338689_asm_comm.html

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http://ct3k1.capitoltrack.com/Bills/21Bills/asm/ab_1051-1100/ab_1058_cfa_340477_sen_comm.html

https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=hpJToSk7j2Qzxb8FGQwwKcG8CqmYcUg8l9tm0buQMSvFXrJpQ4%2F14%2BgrZgwOm4vE

http://sd09.senate.ca.gov/



Is Fiscal: Y Location: 1/11/2021-S. BUDGET & F.R. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: This bill would make appropriations for the support of state government for the 2021–22fiscal year.

Position Subject

ACWD - Board/Gov

AB 339 (Lee D) Local government: open and public meetings. Current Text: Amended: 7/5/2021 html pdf Current Analysis: 06/28/2021 Senate Governance And Finance (text 6/25/2021) Introduced: 1/28/2021 Last Amend: 7/5/2021 Status: 7/5/2021-Read second time and amended. Re-referred to Com. on JUD. Is Urgency: N Is Fiscal: Y Location: 7/1/2021-S. JUD. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/13/2021 1:30 p.m. - Senate Chamber SENATE JUDICIARY, UMBERG, Chair Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative

body of a local agency, as those terms are defined, be open and public and that all persons bepermitted to attend and participate. Under existing law, a member of the legislative body who attendsa meeting where action is taken in violation of this provision, with the intent to deprive the public ofinformation that the member knows the public is entitled to, is guilty of a crime. This bill would requirelocal agencies to conduct meetings subject to the act consistent with applicable state and federal civilrights laws, as specified.

Position Subject ACWD -

Board/Gov

AB 564 (Gonzalez, Lorena D) Biodiversity Protection and Restoration Act. Current Text: Introduced: 2/11/2021 html pdf Current Analysis: 04/13/2021 Assembly Accountability And Administrative Review (text 2/11/2021) Introduced: 2/11/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was A. & A.R. on

2/18/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 4/30/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would establish the Biodiversity Protection and Restoration Act and would provide that it isthe policy of the state that all state agencies, boards, and commissions shall utilize their authorities infurtherance of the biodiversity conservation purposes and goals of certain executive orders. The billwould require all state agencies, boards, and commissions to consider and prioritize the protection ofbiodiversity in carrying out their statutory mandates. The bill would require strategies related to thegoal of the state to conserve at least 30% of California’s land and coastal waters by 2030 to be madeavailable to the public and provided to certain legislative committees by no later than June 30, 2022.


Board/Gov

AB 703 (Rubio, Blanca D) Open meetings: local agencies: teleconferences. Current Text: Amended: 4/29/2021 html pdf Introduced: 2/16/2021 Last Amend: 4/29/2021 Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was L. GOV. on 2/25/2021)

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http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_0551-0600%5Cab_564_99_I_bill.htm

http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_0551-0600%5Cab_564_99_I_bill.pdf


https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=SrUa%2FXXM0ErYib56tmgVZblYMAYsy%2BOx4nZ%2F25n7y7oq4nTVxz6qQk9J%2FgPKWYVx




(May be acted upon Jan 2021) Is Urgency: N Is Fiscal: N Location: 5/7/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law, by Executive Order N-29-20, suspends the Ralph M. Brown Act’s requirementsfor teleconferencing during the COVID-19 pandemic, provided that notice requirements are met, theability of the public to observe and comment is preserved, as specified, and that a local agencypermitting teleconferencing have a procedure for receiving and swiftly resolving requests forreasonable accommodation for individuals with disabilities, as specified. This bill would remove thenotice requirements particular to teleconferencing and would revise the requirements of the act toallow for teleconferencing subject to existing provisions regarding the posting of notice of an agenda,provided that the public is allowed to observe the meeting and address the legislative body directlyboth in person and remotely via a call-in option or internet-based service option, and that a quorum ofmembers participate in person from a singular physical location clearly identified on the agenda that isopen to the public and situated within the jurisdiction.


Board/Gov

SB 274 (Wieckowski D) Local government meetings: agenda and documents. Current Text: Amended: 4/5/2021 html pdf Current Analysis: 07/05/2021 Assembly Appropriations (text 4/5/2021) Introduced: 1/29/2021 Last Amend: 4/5/2021 Status: 7/8/2021-Read second time. Ordered to third reading. Is Urgency: N Is Fiscal: Y Location: 7/8/2021-A. THIRD READING Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #50 ASSEMBLY THIRD READING FILE - SENATE BILLS Summary: The Ralph M. Brown Act requires meetings of the legislative body of a local agency to be

open and public and also requires regular and special meetings of the legislative body to be heldwithin the boundaries of the territory over which the local agency exercises jurisdiction, with specifiedexceptions. Current law authorizes a person to request that a copy of an agenda, or a copy of all thedocuments constituting the agenda packet, of any meeting of a legislative body be mailed to thatperson. This bill would require a local agency with an internet website, or its designee, to email a copyof, or website link to, the agenda or a copy of all the documents constituting the agenda packet if theperson requests that the items be delivered by email. If a local agency determines it to betechnologically infeasible to send a copy of the documents or a link to a website that contains thedocuments by email or by other electronic means, the bill would require the legislative body or itsdesignee to send by mail a copy of the agenda or a website link to the agenda and to mail a copy of allother documents constituting the agenda packet, as specified.


Board/Gov

SB 554 (Archuleta D) Cities and counties: publications at public expense: distribution. Current Text: Introduced: 2/18/2021 html pdf Introduced: 2/18/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on 3/3/2021)

(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 4/30/2021-S. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law prescribes powers and duties that are common to cities and counties. In thisregard, existing law requires the legislative body of these entities, among others, to furnish theapplicable clerk 3 copies of each printed, mimeographed, or processed book, pamphlet, report, bulletin,or other publication issued by them at the expense of the local agency and the clerk is, in turn,required to send copies to specified repositories for reference use in those institutions. This bill wouldincrease the number of each printed, mimeographed, or processed book, pamphlet, report, bulletin, or

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http://ct3k1.capitoltrack.com/Bills/21Bills/sen/sb_0251-0300/sb_274_cfa_341354_asm_comm.html

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http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0551-0600%5Csb_554_99_I_bill.htm

http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0551-0600%5Csb_554_99_I_bill.pdf

other publication that is required to be provided to a clerk, as described above, to 5 copies.


Board/Gov

ACWD - Engineering

SB 318 (Melendez R) Land use: development fee or charge: audit: auditor standards. Current Text: Introduced: 2/4/2021 html pdf Introduced: 2/4/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on

2/17/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 4/30/2021-S. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: The Mitigation Fee Act authorizes a local agency to retain an independent auditor ifrequested to conduct an audit to determine whether a fee or charge is reasonable, provided, amongother conditions, that the person who requests the audit deposits with the local agency the amount ofthe local agency’s reasonable estimate of the cost of that audit, except as provided. This bill wouldrequire that the independent auditor be a certified public accountant, as defined, or a firm, as defined,of certified public accountants. The bill would prohibit the local agency from retaining an independentauditor that the local agency contracted with for any reason during the preceding 10 years, asprovided. The bill would also prohibit an independent auditor that is retained by a local agency toconduct the audit from soliciting or accepting employment from the local agency for 5 years followingthe completion of the audit and all subsequent challenges related to the audit.


Engineering,ACWD - Finance

ACWD - Finance

AB 271 (Rivas, Robert D) Santa Clara Valley Water District: contracts: best value procurement. Current Text: Enrollment: 6/30/2021 html pdf Current Analysis: 06/23/2021 Senate Floor Analyses (text 4/5/2021) Introduced: 1/19/2021 Last Amend: 4/5/2021 Status: 6/30/2021-Enrolled and presented to the Governor at 3:30 p.m. Is Urgency: N Is Fiscal: Y Location: 6/30/2021-A. ENROLLED Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law authorizes certain local entities to select a bidder for a contract on the basis of“best value,” as defined. Existing law governs various types of contract procedures applicable to theSanta Clara Valley Water District and prescribes competitive bidding procedures for any improvementor unit of work over $50,000. This bill would authorize the district, upon approval by the board ofdirectors of the district, to award contracts on a best value basis for any work of the Anderson Damproject, defined to include prescribed activities and works of construction with regard to the LeroyAnderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement.

Position Subject ACWD - Finance

AB 460 (Mayes I) Fire protection: residential fire sprinklers: fees. Current Text: Amended: 3/25/2021 html pdf Introduced: 2/8/2021 Last Amend: 3/25/2021

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https://melendez.cssrc.us/



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http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_0251-0300%5Cab_271_96_E_bill.htm

http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_0251-0300%5Cab_271_96_E_bill.pdf


https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=Jf74hkQ0GHbz870Z7DyWvadiGIT3h2lA%2Fy0of37nLwKBygUcvCAScu6GHM6G0vt9

https://www.assembly.ca.gov/assemblymemberchadmayes



Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/25/2021)(May be acted upon Jan 2022)

Is Urgency: N Is Fiscal: Y Location: 4/30/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law authorizes any public agency providing water for fire protection purposes to,by ordinance or resolution, fix and collect a charge to pay the costs of operation, installation, capital,maintenance, repair, alteration, or replacement of facilities and equipment related to supplying waterfor fire protection purposes. Current law authorizes specified local jurisdictions and fire protectiondistricts to make changes or modifications that are more stringent than specified state standards, asprovided. Current law neither authorizes nor prohibits a local jurisdiction or a fire protection districtfrom mandating the installation of residential fire sprinkler systems within newly constructed orexisting dwelling units. This bill, among other things, would, as provided, prohibit water-related feesimposed on the owner of residential property from being affected by the installation of a residential firesprinkler system on that residential property, including those residential fire sprinkler systemsmandated by a local jurisdiction or a fire protection district.

Position Subject ACWD - Finance,

ACWD -Operations

AB 833 (Quirk-Silva D) State government: grants: administrative costs. Current Text: Introduced: 2/17/2021 html pdf Introduced: 2/17/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was A. & A.R. on



Summary: Would require any state grants to a local government to include a maximum allocation offunds that may be expended for administrative costs, as defined, and would prohibit a localgovernment, as defined, from expending more than 5% of grant funds for administrative costs, exceptas provided. The bill would specify that it is not intended to affect federal funding.


AB 1099 (Rivas, Robert D) Environmental equity: principles: bond and fund expenditures. Current Text: Amended: 3/25/2021 html pdf Introduced: 2/18/2021 Last Amend: 3/25/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was NAT. RES. on



Summary: The State General Obligation Bond Law contains procedures for use in authorizing theissuance, sale, and providing for the repayment of, state general obligation bonds. Current lawestablishes various funds in the State Treasury for purposes of providing financial incentives to eligibleentities for specified purposes. This bill would require the administration of proceeds from the sales ofbonds issued under a bond act that is enacted by the Legislature and is approved by the voters on orafter January 1, 2022, pursuant to the State General Obligation Bond Law and that addressesenvironmental issues, and the administration of certain funds established on or after January 1, 2022,that provide financial assistance to eligible entities to incorporate certain principles of environmentalequity.


AB 1500 (Garcia, Eduardo D) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood

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Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022. Current Text: Amended: 5/11/2021 html pdf Current Analysis: 05/19/2021 Assembly Appropriations (text 5/11/2021) Introduced: 2/19/2021 Last Amend: 5/11/2021 Status: 5/20/2021-Joint Rule 62(a), file notice suspended. From committee: Do pass and re-refer to

Com. on RLS. (Ayes 12. Noes 3.) (May 20). Re-referred to Com. on RLS. Is Urgency: Y Is Fiscal: Y Location: 5/20/2021-A. RLS. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, FloodProtection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approvedby the voters, would authorize the issuance of bonds in the amount of $7,080,000,000 pursuant tothe State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention,drought preparation, flood protection, extreme heat mitigation, and workforce development programs.


SB 45 (Portantino D) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and FloodProtection Bond Act of 2022.

Current Text: Amended: 4/8/2021 html pdf Current Analysis: 05/22/2021 Senate Floor Analyses (text 4/8/2021) Introduced: 12/7/2020 Last Amend: 4/8/2021 Status: 6/1/2021-Ordered to inactive file on request of Senator Portantino. Is Urgency: N Is Fiscal: Y Location: 6/1/2021-S. INACTIVE FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and FloodProtection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bondsin the amount of $5,595,000,000 pursuant to the State General Obligation Bond Law to financeprojects for a wildfire prevention, safe drinking water, drought preparation, and flood protectionprogram.


SB 46 (Stern D) American Rescue Plan Act funds: federal recovery funds: funded projects. Current Text: Amended: 3/10/2021 html pdf Introduced: 12/7/2020 Last Amend: 3/10/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was G.O. on 3/18/2021)



Summary: Would require, to the extent authorized by federal law, a state agency that receives anddisburses ARP funds or other federal recovery funds to consider projects’ potential impact on specifiedgoals, including, among other things, restoring frontline communities and rapidly acceleratingachievement of environmental justice and climate goals, including, but not limited to, climate,environmental, and biodiversity protection and stimulating growth. The bill would require stateagencies to document how proposed projects meet or align with the goals and require the Labor andWorkforce Development Agency to establish an internet website where the public can track theexpenditure of federal ARP funds by the state and how funded projects meet the goals.


SB 222 (Dodd D) Water Rate Assistance Program.

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Current Text: Amended: 7/5/2021 html pdf Current Analysis: 06/29/2021 Assembly Committee On Utilities And Energy (text 6/17/2021) Introduced: 1/14/2021 Last Amend: 7/5/2021 Status: 7/5/2021-Read second time and amended. Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 6/30/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: This bill would establish the Water Rate Assistance Fund in the State Treasury to helpprovide water affordability assistance, for both drinking water and wastewater services, to low-incomeratepayers and ratepayers experiencing economic hardship in California. The bill would require theDepartment of Community Services and Development to develop and administer the Water RateAssistance Program established by the bill.


SB 223 (Dodd D) Discontinuation of residential water service. Current Text: Amended: 5/3/2021 html pdf Current Analysis: 05/14/2021 Senate Appropriations (text 5/3/2021) Introduced: 1/14/2021 Last Amend: 5/3/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE

on 5/17/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 5/25/2021-S. 2 YEAR Desk Policy 2 year Floor Desk Policy Fiscal Floor Conf.


Summary: Current law requires an urban and community water system to have a written policy ondiscontinuation of residential service for nonpayment, including, among other things, specified optionsfor addressing the nonpayment. Current law requires an urban and community water system toprovide notice of that policy to customers, as provided. This bill would apply those provisions, on andafter July 1, 2022, to a very small community water system, defined as a public water system thatsupplies water to 200 or fewer service connections used by year long residents.


SB 318 (Melendez R) Land use: development fee or charge: audit: auditor standards. Current Text: Introduced: 2/4/2021 html pdf Introduced: 2/4/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on

2/17/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 4/30/2021-S. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: The Mitigation Fee Act authorizes a local agency to retain an independent auditor ifrequested to conduct an audit to determine whether a fee or charge is reasonable, provided, amongother conditions, that the person who requests the audit deposits with the local agency the amount ofthe local agency’s reasonable estimate of the cost of that audit, except as provided. This bill wouldrequire that the independent auditor be a certified public accountant, as defined, or a firm, as defined,of certified public accountants. The bill would prohibit the local agency from retaining an independentauditor that the local agency contracted with for any reason during the preceding 10 years, asprovided. The bill would also prohibit an independent auditor that is retained by a local agency toconduct the audit from soliciting or accepting employment from the local agency for 5 years followingthe completion of the audit and all subsequent challenges related to the audit.


Engineering,ACWD - Finance

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SB 427 (Eggman D) Water theft: enhanced penalties. Current Text: Amended: 4/12/2021 html pdf Current Analysis: 06/16/2021 Assembly Floor Analysis (text 4/12/2021) Introduced: 2/12/2021 Last Amend: 4/12/2021 Status: 6/14/2021-Read second time. Ordered to third reading. Is Urgency: N Is Fiscal: N Location: 6/14/2021-A. THIRD READING Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #23 ASSEMBLY THIRD READING FILE - SENATE BILLS Summary: Would authorize the legislative body of a local agency, as defined, that provides water

service to adopt an ordinance that prohibits water theft, as defined, subject to an administrative fineor penalty in excess of the limitations above, as specified. The bill would require the local agency toadopt an ordinance that sets forth the administrative procedures governing the imposition,enforcement, collection, and administrative review of the administrative fines or penalties for watertheft and to establish a process for granting a hardship waiver to reduce the amount of the fine, asspecified.


SB 786 (Becker D) Santa Clara Valley Water District. Current Text: Amended: 5/11/2021 html pdf Current Analysis: 05/12/2021 Senate Floor Analyses (text 5/11/2021) Introduced: 2/19/2021 Last Amend: 5/11/2021 Status: 5/28/2021-Referred to Com. on L. GOV. Is Urgency: N Is Fiscal: N Location: 5/28/2021-A. L. GOV. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: The Santa Clara Valley Water District Act authorizes the Clara Valley Water District to levyad valorem taxes or assessments in the district to pay the general administrative costs and expensesof the district, to carry out the act’s objects or purposes, and to pay the costs and expenses ofconstructing or extending works within the district. The act additionally authorizes the district to levytaxes or assessments upon all property or all real property within a portion of the district for specifiedpurposes. The act authorizes the district to issue bonds for specified purposes, and requires that thebonds be paid by revenue derived from those tax levies and assessments, except the ad valoremtaxes or assessments. This bill would additionally authorize the district to use the revenues from thead valorem taxes or assessments to pay for the bonds.


SB 789 (Rubio D) Low-Income Water Rate Assistance Program. Current Text: Amended: 3/10/2021 html pdf Introduced: 2/19/2021 Last Amend: 3/10/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.Q. on 3/18/2021)



Summary: Current law requires the State Water Resources Control Board, by January 1, 2018, and incollaboration with specified entities, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program. Current law authorizes the board to consider existing rateassistance programs authorized by the Public Utilities Commission in developing the plan, andauthorizes the plan to include recommendations for other cost-effective methods of offering assistanceto low-income water customers. This bill would require the board to administer the program, uponappropriation by the Legislature. The bill would limit eligibility for the program to a person that is botha low-income water customer and financially affected by the COVID-19 pandemic.

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ACWD - HR

AB 84 (Committee on Budget) Employment: rehiring and retention: displaced workers. Current Text: Amended: 4/8/2021 html pdf Current Analysis: 04/14/2021 Senate Floor Analyses (text 4/8/2021) Introduced: 12/7/2020 Last Amend: 4/8/2021 Status: 5/18/2021-Re-referred to Com. on B. & F.R. Is Urgency: Y Is Fiscal: Y Location: 5/18/2021-S. BUDGET & F.R. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would, until December 31, 2024, require an employer, as defined, to offer its laid-offemployees specified information about job positions that become available for which the laid-offemployees are qualified, and to offer positions to those laid-off employees based on a preferencesystem, in accordance with specified timelines and procedures. The bill would define the term “laid-offemployee” to mean any employee who was employed by the employer for 6 months or more in the 12months preceding January 1, 2020, and whose most recent separation from active service was due toa reason related to the COVID-19 pandemic, ncluding a public health directive, government shutdownorder, lack of business, a reduction in force, or other economic, nondisciplinary reason related to theCOVID-19 pandemic. The bill would require an employer to keep records for 3 years, including recordsof communications regarding the offers.

Position Subject ACWD - HR

AB 123 (Gonzalez, Lorena D) Paid family leave: weekly benefit amount. Current Text: Introduced: 12/18/2020 html pdf Current Analysis: 07/01/2021 Senate Appropriations (text 12/18/2020) Introduced: 12/18/2020 Status: 7/5/2021-In committee: Referred to suspense file. Is Urgency: N Is Fiscal: Y Location: 7/5/2021-S. APPR. SUSPENSE FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law establishes, within the Unemployment Compensation Disability Fund program,a family temporary disability insurance program, also known as the paid family leave program, for theprovision of wage replacement benefits for up to 8 weeks to workers who take time off work to carefor a seriously ill family member or to bond with a minor child within one year of birth or placement, asspecified. Current law defines “weekly benefit amount” for purposes of both employee contributionsand benefits under this program to mean the amount of weekly benefits available to qualifyingdisabled individuals pursuant to unemployment compensation disability law, calculated pursuant tospecified formulas partly based on the applicable percentage of the wages paid to an individual foremployment by employers during the quarter of the individual’s disability base period in which thesewages were highest, but not to exceed the maximum workers’ compensation temporary disabilityindemnity weekly benefit amount established by the Department of Industrial Relations. This bill wouldrevise the formula for determining benefits available pursuant to the family temporary disabilityinsurance program, for periods of disability commencing after January 1, 2022, by redefining theweekly benefit amount to be equal to 90% of the wages paid to an individual for employment byemployers during the quarter of the individual’s disability base period in which these wages werehighest, divided by 13, but not exceeding the maximum workers’ compensation temporary disabilityindemnity weekly benefit amount established by the Department of Industrial Relations.


AB 237 (Gray D) Public employment: unfair practices: health protection. Current Text: Amended: 3/1/2021 html pdf Current Analysis: 07/02/2021 Senate Judiciary (text 3/1/2021) Introduced: 1/13/2021

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Last Amend: 3/1/2021 Status: 7/7/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 6).



Summary: Under existing law, the Public Employment Relations Board (PERB) has the power and dutyto investigate an unfair practice charge and to determine whether the charge is justified and theappropriate remedy for the unfair practice. This bill, the Public Employee Health Protection Act, wouldmake it an unfair practice for a covered employer, as defined, to fail or refuse to maintain or pay forcontinued health care or other medical coverage for an enrolled employee or their enrolleddependents, for the duration of the enrolled employee’s participation in the authorized strike, at thelevel and under the conditions that coverage would have been provided if the employee had continuedto work in their position for the duration of the strike.


AB 845 (Rodriguez D) Disability retirement: COVID-19: presumption. Current Text: Amended: 3/30/2021 html pdf Current Analysis: 06/23/2021 Senate Floor Analyses (text 3/30/2021) Introduced: 2/17/2021 Last Amend: 3/30/2021 Status: 6/22/2021-Read second time. Ordered to third reading. Is Urgency: N Is Fiscal: Y Location: 6/22/2021-S. THIRD READING Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #62 SENATE ASSEMBLY BILLS - THIRD READING FILE Summary: Current law prescribes various requirements for the organization and administration of

public retirement systems, which typically provide pension, disability, and death benefits to theirmembers. Current law provides that participants in certain membership categories may be entitled tospecial benefits if death or disability arises in the course of employment. The California PublicEmployees’ Pension Reform Act of 2013 (PEPRA) generally requires a public retirement system, asdefined, to modify its plan or plans to comply with that act and establishes, among other things, limitson defined benefit formulas and caps on pensionable compensation. This bill, until January 1, 2023,would create a presumption, applicable to the retirement systems that PEPRA regulates and tospecified members in those systems, that would be applied to disability retirements on the basis, inwhole or in part, of a COVID-19-related illness. In this circumstance, the bill would require that it bepresumed the disability arose out of, or in the course of, the member’s employment. The bill wouldauthorize the presumption to be rebutted by evidence to the contrary, but unless controverted, theapplicable governing board of a public retirement system would be required to find in accordance withthe presumption.


SB 95 (Skinner D) Employment: COVID-19: supplemental paid sick leave. Current Text: Chaptered: 3/19/2021 html pdf Current Analysis: 03/17/2021 Senate Floor Analyses (text 3/15/2021) Introduced: 12/16/2020 Last Amend: 3/15/2021 Status: 3/19/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 13, Statutes

of 2021. Is Urgency: Y Is Fiscal: Y Location: 3/18/2021-S. CHAPTERED Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would provide for COVID-19 supplemental paid sick leave for covered employees, asdefined, who are unable to work or telework due to certain reasons related to COVID-19, includingthat the employee has been advised by a health care provider to self-quarantine due to concernsrelated to COVID-19. The bill would entitle a covered employee to 80 hours of COVID-19 supplemental

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http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0051-0100%5Csb_95_95_C_bill.pdf


paid sick leave if that employee either works full time or was scheduled to work, on average, at least40 hours per week for the employer in the 2 weeks preceding the date the covered employee tookCOVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplementalpaid sick leave for a covered employee who is a firefighter subject to certain work schedulerequirements and for a covered employee working fewer or variable hours, as specified.


SB 278 (Leyva D) Public Employees’ Retirement System: disallowed compensation: benefit adjustments.

Current Text: Amended: 3/23/2021 html pdf Current Analysis: 07/05/2021 Assembly Appropriations (text 3/23/2021) Introduced: 1/29/2021 Last Amend: 3/23/2021 Status: 7/7/2021-July 7 set for first hearing. Placed on suspense file. Is Urgency: N Is Fiscal: Y Location: 7/7/2021-A. APPR. SUSPENSE FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: The California Public Employees’ Pension Reform Act of 2013 (PEPRA) generally requires apublic retirement system, as defined, to modify its plan or plans to comply with the act. PEPRA, amongother things, establishes new defined benefit formulas and caps on pensionable compensation. Thisbill would establish new procedures under PERL for cases in which PERS determines that the benefitsof a member or annuitant are, or would be, based on disallowed compensation that conflicts withPEPRA and other specified laws and thus impermissible under PERL. The bill would also apply theseprocedures retroactively to determinations made on or after January 1, 2017, if an appeal has beenfiled and the employee member, survivor, or beneficiary has not exhausted their administrative or legalremedies. At the threshold, after determining that compensation for an employee member reported bythe state, school employer, or a contracting agency is disallowed, the bill would require the applicableemployer to discontinue the reporting of the disallowed compensation.


SB 411 (Cortese D) Public Employees’ Retirement System: employment without reinstatement. Current Text: Amended: 4/13/2021 html pdf Current Analysis: 07/05/2021 Assembly Appropriations (text 4/13/2021) Introduced: 2/12/2021 Last Amend: 4/13/2021 Status: 7/8/2021-Read second time. Ordered to consent calendar. Is Urgency: N Is Fiscal: Y Location: 7/7/2021-A. CONSENT CALENDAR Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #63 ASSEMBLY CONSENT CALENDAR 1ST DAY SENATE BILLS Summary: The Public Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement

System (PERS), which provides pension and disability benefits to its members and prescribes theirrights and duties. Current law, the Public Employees’ Pension Reform Act of 2013 (PEPRA), prescribedvarious limitations on public employees, employers, and retirement systems concerning, among otherthings, work after retirement. PERL generally prohibits retired PERS members from working for anagency participating in the system without reinstatement in the system, unless that employment isotherwise specifically authorized. This bill would eliminate the above-described requirement that aperson employed without reinstatement in a manner other than authorized by PERL be reinstated,instead providing that reinstatement is permissive. The bill would limit the circumstances pursuant towhich retired members and employers are obligated to pay employee and employer contributions,which would have otherwise been paid, plus interest, to apply only to specified reinstatements.


SB 657 (Ochoa Bogh R) Employment: electronic documents. Current Text: Enrollment: 7/6/2021 html pdf Current Analysis: 06/18/2021 Assembly Judiciary (text 4/22/2021) Introduced: 2/19/2021

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https://ochoa-bogh.cssrc.us/

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http://ct3k1.capitoltrack.com/Bills/21Bills%5Csen%5Csb_0651-0700%5Csb_657_96_E_bill.pdf


Last Amend: 4/22/2021 Status: 7/6/2021-Enrolled and presented to the Governor at 2:30 p.m. Is Urgency: N Is Fiscal: N Location: 7/6/2021-S. ENROLLED Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law regulates the wages, hours, and working conditions of any worker employed inany occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise,except as specified. This bill would provide that, in any instance in which an employer is required tophysically post information, an employer may also distribute that information to employees by emailwith the document or documents attached. The bill would specify that this does not alter theemployer’s obligation to physically display the required posting.


SB 674 (Durazo D) Public Contracts: workforce development: covered public contracts. Current Text: Amended: 7/7/2021 html pdf Current Analysis: 07/01/2021 Assembly Transportation (text 5/20/2021) Introduced: 2/19/2021 Last Amend: 7/7/2021 Status: 7/7/2021-Read second time and amended. Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/6/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would require the Labor and Workforce Development Agency to create 2 programs, to beknown as the California Jobs Plan Program and the United States Jobs Plan Program. The bill wouldrequire the programs to meet specified objectives, including supporting the creation and retention ofquality, nontemporary full-time jobs, as specified, and the hiring of displaced workers and individualsfacing barriers to employment. The bill would require, as a component of applications for covered publiccontracts, as defined, the creation of forms for each program that state the minimum numbers ofproposed jobs that are projected to be retained and created if the applicant wins the covered publiccontract. These components of the application would be known as the California Jobs Plan and theUnited States Jobs Plan, which the bill would define.


ACWD - Operations

AB 427 (Bauer-Kahan D) Electricity: resource adequacy requirements. Current Text: Amended: 4/26/2021 html pdf Current Analysis: 05/10/2021 Assembly Appropriations (text 4/26/2021) Introduced: 2/4/2021 Last Amend: 4/26/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE



Summary: Current law requires the PUC, in consultation with the Independent System Operator (ISO),to establish resource adequacy requirements for all load-serving entities, defined to include electricalcorporations, community choice aggregators, and electric service providers. Current law requires thatthe resource adequacy program achieve specified objectives, including to establish new or maintainexisting demand response products and tariffs that facilitate the economic dispatch and use of demandresponse that can either meet or reduce an electrical corporation’s resource adequacy requirements,as determined by the PUC. This bill would require the PUC, by July 1, 2022 to establish a capacityvaluation methodology for customer-sited energy storage resources and customer-sited hybridresources, as defined, in consultation with the ISO and the State Energy Resources Conservation and

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Development Commission, for the 2023 resource adequacy year.


Operations

AB 460 (Mayes I) Fire protection: residential fire sprinklers: fees. Current Text: Amended: 3/25/2021 html pdf Introduced: 2/8/2021 Last Amend: 3/25/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/25/2021)

(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 4/30/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law authorizes any public agency providing water for fire protection purposes to,by ordinance or resolution, fix and collect a charge to pay the costs of operation, installation, capital,maintenance, repair, alteration, or replacement of facilities and equipment related to supplying waterfor fire protection purposes. Current law authorizes specified local jurisdictions and fire protectiondistricts to make changes or modifications that are more stringent than specified state standards, asprovided. Current law neither authorizes nor prohibits a local jurisdiction or a fire protection districtfrom mandating the installation of residential fire sprinkler systems within newly constructed orexisting dwelling units. This bill, among other things, would, as provided, prohibit water-related feesimposed on the owner of residential property from being affected by the installation of a residential firesprinkler system on that residential property, including those residential fire sprinkler systemsmandated by a local jurisdiction or a fire protection district.

Position Subject ACWD - Finance,

ACWD -Operations

AB 1161 (Garcia, Eduardo D) Electricity: eligible renewable energy and zero-carbon resources: stateagencies: procurement.

Current Text: Amended: 4/13/2021 html pdf Introduced: 2/18/2021 Last Amend: 4/13/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was U. & E. on 3/4/2021)



Summary: Would enact the Clean Economy and Clean Jobs Stimulus Act of 2021 and would require theDepartment of Water Resources to procure newly developed eligible renewable energy resources orzero-carbon resources, and energy storage associated with those resources, in an amount thatsatisfies 100 percent of the electricity procured to serve all state agencies by December 31, 2030, asprovided


Operations,ACWD - WaterResources

SB 52 (Dodd D) State of emergency: local emergency: planned power outage. Current Text: Amended: 4/12/2021 html pdf Current Analysis: 07/03/2021 Assembly Emergency Management (text 4/12/2021) Introduced: 12/7/2020 Last Amend: 4/12/2021 Status: 7/7/2021-Read second time. Ordered to consent calendar. Is Urgency: N Is Fiscal: N Location: 7/5/2021-A. CONSENT CALENDAR

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https://www.assembly.ca.gov/assemblymemberchadmayes



https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=03JgEAr1y8WGWgu2%2BsX9JHbYIgbyzyognE6JXJZ1qYpXvFPRjJazQMH%2BOCC4kTwY




https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=dHVNWHVwX1zqv8Qs47Ds1%2BbR7d94u%2F%2FaAE1Y9rQIRxdcqC24oV4jTbY%2BKdr3mWy%2B





Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc. Enrolled Vetoed Chaptered

1st House 2nd House Calendar: 7/12/2021 #75 ASSEMBLY CONSENT CALENDAR 2ND DAY-SENATE BILLS Summary: Would define a 'deenergization event' as a planned power outage, as specified, and would

make a deenergization event one of those conditions constituting a local emergency, with prescribedlimitations.


Operations

SB 99 (Dodd D) Community Energy Resilience Act of 2021. Current Text: Amended: 7/5/2021 html pdf Current Analysis: 06/29/2021 Assembly Committee On Utilities And Energy (text 4/12/2021) Introduced: 12/28/2020 Last Amend: 7/5/2021 Status: 7/5/2021-Read second time and amended. Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 6/30/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law establishes within the Natural Resources Agency the State Energy ResourcesConservation and Development Commission. Current law assigns the commission various duties,including applying for and accepting grants, contributions, and appropriations, and awarding grantsconsistent with the goals and objectives of a program or activity the commission is authorized toimplement or administer. This bill, the Community Energy Resilience Act of 2021, would require thecommission to develop and implement a grant program for local governments to develop communityenergy resilience plans and expedite permit review of distributed energy resources by localgovernments.


Operations

SB 378 (Gonzalez D) Local government: broadband infrastructure development project permitprocessing: microtrenching permit processing ordinance.

Current Text: Amended: 6/29/2021 html pdf Current Analysis: 07/06/2021 Assembly Communications And Conveyance (text 6/29/2021) Introduced: 2/10/2021 Last Amend: 6/29/2021 Status: 7/8/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 7).

Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/7/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would require a local agency to allow, except as provided, microtrenching for theinstallation of underground fiber if the installation in the microtrench is limited to fiber. The bill wouldalso require, to the extent necessary, a local agency with jurisdiction to approve excavations to adoptor amend existing policies, ordinances, codes, or construction rules to allow for microtrenching. The billwould provide that these provisions do not supersede, nullify, or otherwise alter the requirements tocomply with specified safety standards. The bill would authorize a local agency to impose a fee for itsreasonable costs on an application for a permit to install fiber, as provided. By imposing new duties onlocal agencies with regard to the installation of fiber, the bill would impose a state-mandated localprogram.


Operations

SB 479 (Laird D) Local Government Renewable Energy Self-Generation Program. Current Text: Amended: 6/3/2021 html pdf Current Analysis: 06/28/2021 Assembly Appropriations (text 6/3/2021) Introduced: 2/17/2021 Last Amend: 6/3/2021

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=Mbtu9FeB8F0n6gcDPOxIAH3sLPVHhrLmvANVXNsVmY8d9dc7NR%2BgtbiC1DSfZrwg





https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=5PJdjwqI6jgdwvaTW1eq%2Bt1%2F2V3B2sE9PqoutDyBPWyiDdnclJ9H1T4y1kRd%2Bdee





Status: 7/8/2021-Read third time. Passed. (Ayes 73. Noes 0.) Ordered to the Senate. In Senate.Concurrence in Assembly amendments pending.

Is Urgency: N Is Fiscal: Y Location: 7/8/2021-S. CONCURRENCE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #41 SENATE UNFINISHED BUSINESS Summary: The local government renewable energy self-generation program authorizes a local

government to elect to have a bill credit applied to a designated benefiting account, as defined, forelectricity exported to the electrical grid by an eligible renewable generating facility, as defined, andrequires the commission to adopt a rate tariff for the benefiting account. The local governmentrenewable energy self-generation program does not apply to an electrical corporation with 60,000 orfewer customer accounts in California.This bill would expand the local government renewable energyself-generation program definition of benefiting account to include accounts meeting specifiedrequirements located within the geographical boundaries of a California Native American tribe.


Operations

SB 526 (Min D) Community water systems: lead user service lines. Current Text: Introduced: 2/17/2021 html pdf Introduced: 2/17/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.Q. on 2/25/2021)



Summary: Current law requires, by July 1, 2020, a community water system with known lead userservice lines in use in its distribution system to provide a timeline for replacement of those lines to theState Water Resources Control Board. Current law requires the state board to review and approve anestablished timeline, and requires, if the state board fails to act within 30 days of the submission ofthe timeline, the timeline to be deemed approved. Current law authorizes the state board to enforcethese requirements, as specified, and a violation is considered a violation of the California SafeDrinking Water Act, subjecting the violator to specified civil and criminal penalties. This bill would, untilJanuary 1, 2025, require a community water system to remove or replace the full lead user service line,if the community water system disturbs, removes, or replaces a portion thereof. The bill would applythe above-described enforcement provisions to a violation of the requirements of the bill, therebycreating a state-mandated local program by expanding the scope of crimes under the California SafeDrinking Water Act.


Operations,ACWD - WaterQuality

SB 733 (Hueso D) State Energy Resources Conservation and Development Commission: chair: report tothe Legislature.

Current Text: Amended: 4/19/2021 html pdf Current Analysis: 05/12/2021 Senate Floor Analyses (text 4/19/2021) Introduced: 2/19/2021 Last Amend: 4/19/2021 Status: 6/21/2021-Re-referred to Com. on RLS. pursuant to Assembly Rule 96. Is Urgency: N Is Fiscal: Y Location: 6/21/2021-A. RLS. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law establishes the State Energy Resources Conservation and DevelopmentCommission consisting of 5 members and establishes various duties and responsibilities of thecommission relating to energy usage in the state. Current law requires the Governor to designate achair of the commission and requires the chair to direct the adviser, the executive director, and otherstaff of the commission in the performance of their duties in conformance with the policies and

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=XBpYdcNWoIpzJLGqL7SFafq28bsvk39YB05aP42En7WrC2ZXdig6Uh9S%2FGlD%2BGOW





guidelines established by the commission. This bill would require the chair of the commission to appearannually before the appropriate policy committees of the Legislature to report on activities of thecommission, as specified.


Operations

ACWD - Water Quality

AB 100 (Holden D) Drinking water: endpoint devices: lead content. Current Text: Amended: 6/24/2021 html pdf Current Analysis: 07/06/2021 Senate Environmental Quality (text 6/24/2021) Introduced: 12/11/2020 Last Amend: 6/24/2021 Status: 7/7/2021-VOTE: Do pass, but first be re-referred to the Committee on [Appropriations] with

the recommendation: To Consent Calendar (PASS) Is Urgency: N Is Fiscal: Y Location: 7/7/2021-S. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board toadminister provisions relating to the regulation of drinking water to protect public health. Current lawprohibits, with certain exceptions, the use of any pipe, pipe or plumbing fitting or fixture, solder, or fluxthat is not lead free in the installation or repair of any public water system or any plumbing in a facilityproviding water for human consumption. Current law defines “lead free” for purposes of conveying ordispensing water for human consumption to mean not more than 0.2% lead when used with respectto solder and flux and not more than a weighted average of 0.25% lead when used with respect tothe wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures.This bill would,commencing January 1, 2023, prohibit a person from manufacturing, and offering for sale in the state,an endpoint device, as defined, that does not meet a certain lead leaching standard. The bill would,commencing July 1, 2023, prohibit a person from introducing into commerce or offering for sale in thestate an endpoint device that does not meet that lead leaching standard.

Position Subject ACWD - Water

Quality

AB 377 (Rivas, Robert D) Water quality: impaired waters. Current Text: Amended: 4/13/2021 html pdf Current Analysis: 05/17/2021 Assembly Appropriations (text 4/13/2021) Introduced: 2/1/2021 Last Amend: 4/13/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE



Summary: Would require, by January 1, 2023, the State Water Resources Control Board and regionalboards to prioritize enforcement of all water quality standard violations that are causing orcontributing to an exceedance of a water quality standard in a surface water of the state. The billwould require the state board and regional boards, by January 1, 2025, to evaluate impaired statesurface waters and report to the Legislature a plan to bring all water segments into attainment byJanuary 1, 2050. The bill would require the state board and regional boards to update the report witha progress summary to the Legislature every 5 years. The bill would create the Waterway RecoveryAccount in the Waste Discharge Permit Fund and would make moneys in the Waterway RecoveryAccount available for the state board to expend, upon appropriation by the Legislature, to bringimpaired water segments into attainment in accordance with the plan.


Quality

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=%2FdqbOV0ZYqjjpZr3ASrxkDs6us68%2FYkD%2BCcPo7%2BKPkBvh2qvVyXGkdVUmZMM7vuA





AB 588 (Garcia, Eduardo D) California Safe Drinking Water Act: compliance. Current Text: Amended: 3/30/2021 html pdf Introduced: 2/11/2021 Last Amend: 3/30/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.S. & T.M. on



Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board toadopt primary drinking water standards for contaminants in drinking water. Current law requires thestate board to consider specified criteria when it adopts a primary drinking water standard, includingthe technological and economic feasibility of compliance. This bill would require the state board toidentify actions necessary to assist specified water systems to achieve compliance within anycompliance period established.


Quality

AB 622 (Friedman D) Washing machines: microfiber filtration. Current Text: Introduced: 2/12/2021 html pdf Introduced: 2/12/2021 Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was E.S. & T.M. on

2/25/2021)(May be acted upon Jan 2021) Is Urgency: N Is Fiscal: N Location: 5/7/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law, to protect public health and water quality, regulates a broad range ofconsumer products and processes, including water softeners, water treatment devices, and backflowprevention devices, among others.This bill would require, on or before January 1, 2024, that allwashing machines sold as new in California contain a microfiber filtration system with a mesh size of100 microns or smaller.


Quality

AB 736 (Mathis R) Safe Drinking Water State Revolving Fund: internet website information: updates. Current Text: Introduced: 2/16/2021 html pdf Introduced: 2/16/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.S. & T.M. on



Summary: The Safe Drinking Water State Revolving Fund Law of 1997, administered by the StateWater Resources Control Board, establishes the Safe Drinking Water State Revolving Fund to providegrants or revolving fund loans for the design and construction of projects for public water systems thatwill enable those systems to meet safe drinking water standards. The law requires the board, at leastonce every 2 years, to post information on its internet website and send a link of the internet websiteto the Legislature regarding implementation of the law and expenditures from the fund, as specified.This bill would require the board to post that information and send that link at least annually instead ofat least once every 2 years.


Quality

AB 802 (Bloom D) Microfiber pollution. Current Text: Introduced: 2/16/2021 html pdf

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=2u%2FZaqVTlTgK7uoXsoOcblmVpi8SQK4XKkB0H5H1jBCz2yaqh6XXrE9pK7YKgoBI




https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=B6rPYRClnE255u7aA2wClMinw16Q5YL3q3RlkkJr3RoN3sfNx2hQ9jZzIMUzHyYA

http://ad26.asmrc.org/



https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=CIGNnQOe2McXwck4lRA2OpXgM7y4yGPZCMWKXi1IHGXQjTQpK1Fci428G1fnkO2R




Introduced: 2/16/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.S. & T.M. on



Summary: Would require the Water Resources Control Board to identify the best available controltechnology for filtering microfibers from an industrial, institutional, or commercial laundry facility on orbefore an unspecified date, and would require the state board to consult with owners and operatorsof laundry facilities on the types of filtration systems currently in use and with universities, scientificorganizations, and experts on plastic pollution in identifying the best available control technology. Thebill would also require, on or before an unspecified date, any entity that operates an industrial,institutional, or commercial laundry facility to adopt the use of the best available control technology tocapture microfibers that are shed during washing.


Quality

AB 818 (Bloom D) Solid waste: premoistened nonwoven disposable wipes. Current Text: Amended: 7/1/2021 html pdf Current Analysis: 06/25/2021 Senate Judiciary (text 2/16/2021) Introduced: 2/16/2021 Last Amend: 7/1/2021 Status: 7/1/2021-Read second time and amended. Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 6/30/2021-S. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/15/2021 Upon adjournment of Session - John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, PORTANTINO, Chair

Summary: Would require, except as provided, certain premoistened nonwoven disposable wipesmanufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do NotFlush” and a related symbol, as specified. The bill would prohibit a covered entity, as defined, frommaking a representation about the flushable attributes, benefits, performance, or efficacy of thosepremoistened nonwoven disposable wipes, as provided. The bill would establish enforcementprovisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of$100,000 per violation, to be imposed on a covered entity who violates those provisions.


Quality

AB 836 (Gabriel D) California Building Standards Commission: recycled water: nonpotable watersystems.

Current Text: Amended: 3/25/2021 html pdf Introduced: 2/17/2021 Last Amend: 3/25/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.S. & T.M. on



Summary: Would require, on or before January 1, 2023, the California Building Standards Commissionto adopt mandatory building standards requiring that a newly constructed nonresidential building beconstructed with dual plumbing to allow the use of recycled water for all applicable nonpotable waterdemands, as defined, if that building is located within an existing or planned recycled water servicearea, as specified.This bill would require, on or before January 1, 2023, the commission to adoptmandatory building standards requiring that a newly constructed nonresidential building with a totalgross floor area of 100,000 square feet or more be constructed with dual plumbing to allow the use ofnonpotable water sources for all applicable nonpotable water demands and provide for the collection,

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=WD%2BOoydAtmVaoAI1dMyGc4J%2Ba1ERwQGpNfi%2B%2FGHB0lq9pO8V2nqMes4zvnoS44%2Fj




onsite treatment, and reuse of available onsite rainwater, graywater, and foundation drainage.


Quality

AB 1066 (Bloom D) Priority inland water-contact recreation sites: water quality monitoring. Current Text: Amended: 6/24/2021 html pdf Current Analysis: 07/06/2021 Senate Environmental Quality (text 6/24/2021) Introduced: 2/18/2021 Last Amend: 6/24/2021 Status: 7/7/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7).



Summary: Current law requires the State Department of Public Health, by regulation and inconsultation with the State Water Resources Control Board, local health officers, and the public, toestablish, maintain, and amend, as necessary, minimum standards for the sanitation of public beaches.Current law provides for the establishment of the California Water Quality Monitoring Council, which isadministered by the state board, and requires the council to undertake various actions relating towater quality data collection and to review existing water quality monitoring, assessment, andreporting efforts and recommend specific actions and funding needs necessary to coordinate andenhance those efforts. This bill would require, on or before July 1, 2022, the council to direct a new orexisting working group to study water recreation hazards at priority water-contact recreation sites, asspecified.


Quality

AB 1428 (Quirk D) Safe Drinking Water Act: applicability. Current Text: Enrollment: 6/30/2021 html pdf Current Analysis: 06/23/2021 Senate Floor Analyses (text 2/19/2021) Introduced: 2/19/2021 Status: 6/30/2021-Enrolled and presented to the Governor at 3:30 p.m. Is Urgency: N Is Fiscal: Y Location: 6/30/2021-A. ENROLLED Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Under current law, a water district, as defined, in existence prior to May 18, 1994, thatprovides primarily agricultural services through a piped water system with only incidental residential orsimilar uses is not considered to be a public water system under specified conditions, including thesystem certifying that it is providing alternative water for residential or similar uses for drinking waterand cooking to achieve the equivalent level of public health protection provided by the applicableprimary drinking water regulations. This bill would remove the above provision authorizing those waterdistricts to certify that they are providing alternative water for residential or similar uses to achieve theequivalent level of public health protection provided by the applicable primary drinking waterregulations.


Quality

SB 526 (Min D) Community water systems: lead user service lines. Current Text: Introduced: 2/17/2021 html pdf Introduced: 2/17/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was E.Q. on 2/25/2021)



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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=wzgXEk9ZXawFqrQ3EbSO5%2BEP3vXF3SbO0Swmx%2ByJHDxabzXHsTRd63wa6cYnROVe


http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_1401-1450%5Cab_1428_98_E_bill.htm

http://ct3k1.capitoltrack.com/Bills/21Bills%5Casm%5Cab_1401-1450%5Cab_1428_98_E_bill.pdf


https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=2ELiytaps4BsDuRet%2FxTWSlqb0LX8qk0A4WnQwgODyMgILLQ8qt84OrseUTRmg6Y




Summary: Current law requires, by July 1, 2020, a community water system with known lead userservice lines in use in its distribution system to provide a timeline for replacement of those lines to theState Water Resources Control Board. Current law requires the state board to review and approve anestablished timeline, and requires, if the state board fails to act within 30 days of the submission ofthe timeline, the timeline to be deemed approved. Current law authorizes the state board to enforcethese requirements, as specified, and a violation is considered a violation of the California SafeDrinking Water Act, subjecting the violator to specified civil and criminal penalties. This bill would, untilJanuary 1, 2025, require a community water system to remove or replace the full lead user service line,if the community water system disturbs, removes, or replaces a portion thereof. The bill would applythe above-described enforcement provisions to a violation of the requirements of the bill, therebycreating a state-mandated local program by expanding the scope of crimes under the California SafeDrinking Water Act.


Operations,ACWD - WaterQuality

ACWD - Water Resources

AB 252 (Rivas, Robert D) Department of Conservation: Multibenefit Land Repurposing IncentiveProgram: Williamson Act: compatible uses: contracts.

Current Text: Amended: 6/21/2021 html pdf Current Analysis: 07/08/2021 Senate Natural Resources And Water (text 6/21/2021) Introduced: 1/14/2021 Last Amend: 6/21/2021 Status: 7/1/2021-In committee: Set, first hearing. Hearing canceled at the request of author. Is Urgency: Y Is Fiscal: Y Location: 6/16/2021-S. N.R. & W. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/13/2021 9 a.m. - John L. Burton Hearing Room (4203) SENATE NATURAL RESOURCES ANDWATER, STERN, Chair

Summary: Would require the Department of Conservation, in coordination with the Department ofFood Agriculture and other relevant state agencies, to establish and administer a program named theMultibenefit Land Repurposing Incentive Program for purposes of providing grants to groundwatersustainability agencies or counties, or other specified entities designated by groundwatersustainability agencies or counties, for the development or implementation of local programssupporting or facilitating multibenefit land repurposing at the basin scale. The bill would establishprocedures for the Department of Conservation’s administration of the program and would require theDepartment of Conservation to develop guidelines to implement the program and to exercise itsexpertise and discretion in awarding program funds to eligible applicants, as provided.


Resources

AB 304 (Quirk D) Contaminated sites: waste releases or surface or groundwater contamination: localoversight: remedial actions.

Current Text: Amended: 6/30/2021 html pdf Current Analysis: 06/14/2021 Senate Environmental Quality (text 5/28/2021) Introduced: 1/25/2021 Last Amend: 6/30/2021 Status: 6/30/2021-In committee: Hearing postponed by committee. From committee chair, with

author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

Is Urgency: N Is Fiscal: Y Location: 6/14/2021-S. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/15/2021 Upon adjournment of Session - John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, PORTANTINO, Chair

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=uI36nBI3aYr31KmlrJr9CQPcbhHHlzvscaIMn8SzYERSSgWtr2Lreswbh02sBfKo





Summary: Whenever a release of waste occurs and remedial action is required, current lawauthorizes a responsible party, as defined, to request that a local officer supervise the remedial action.Current law authorizes a local officer to agree to supervise the remedial action if the local officerdetermines that certain conditions have been met. Current law requires that remedial action to becarried out only pursuant to a remedial action agreement, which includes specified elements, enteredinto by the local officer and the responsible party, and authorizes the local officer to withdraw from theagreement, after giving the responsible party adequate notice, at any time after making specifiedfindings. Current law requires a local officer to provide written notification that includes specifiedinformation to the Department of Toxic Substances Control and the appropriate regional water qualitycontrol board at least 10 working days before entering into a remedial action agreement with aresponsible party. This bill would authorize a responsible party to request the local officer to oversee aremedial investigation, as defined, or a remedial action, as defined, or both, only if the release ofwaste is not being overseen by the department or a regional water quality control board.


Resources

AB 1161 (Garcia, Eduardo D) Electricity: eligible renewable energy and zero-carbon resources: stateagencies: procurement.

Current Text: Amended: 4/13/2021 html pdf Introduced: 2/18/2021 Last Amend: 4/13/2021 Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was U. & E. on 3/4/2021)



Summary: Would enact the Clean Economy and Clean Jobs Stimulus Act of 2021 and would require theDepartment of Water Resources to procure newly developed eligible renewable energy resources orzero-carbon resources, and energy storage associated with those resources, in an amount thatsatisfies 100 percent of the electricity procured to serve all state agencies by December 31, 2030, asprovided


Operations,ACWD - WaterResources

AB 1434 (Friedman D) Urban water use objectives: indoor residential water use. Current Text: Amended: 4/19/2021 html pdf Current Analysis: 04/22/2021 Assembly Water, Parks And Wildlife (text 4/19/2021) Introduced: 2/19/2021 Last Amend: 4/19/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. on 4/27/2021)

(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 5/25/2021-A. 2 YEAR Desk Policy 2 year Floor Desk Policy Fiscal Floor Conf.


Summary: Would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoorresidential water use as 48 gallons per capita daily. The bill would establish, beginning January 1,2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons percapita daily.


Resources

AB 1458 (Frazier D) Fish and wildlife protection and conservation: lake and streambed alterationagreements: exemptions

Current Text: Introduced: 2/19/2021 html pdf Current Analysis: 04/22/2021 Assembly Water, Parks And Wildlife (text 2/19/2021) Introduced: 2/19/2021

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=ZhaGOfRcZsQ84bBW%2Bg2H2fnnCucjnX3K4oISVKQOhIgu9CJ0KjhzQkSwTNEMkWmU





https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=FNr5mdYD%2Bx0lrMIfrjX3uF0A57eyZcfWId5Uk6XFEid6WCRexyYMgoQitI1Vvo%2Ba





Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was W.,P. & W. on3/11/2021)(May be acted upon Jan 2022)

Is Urgency: N Is Fiscal: Y Location: 4/30/2021-A. 2 YEAR Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law prohibits a person, a state or local governmental agency, or a public utility fromsubstantially diverting or obstructing the natural flow of, or substantially changing or using anymaterial from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing ofdebris, waste, or other material containing crumbled, flaked, or ground pavement where it may passinto any river, stream, or lake, unless prescribed requirements are met, including written notification tothe Department of Fish and Wildlife regarding the activity. Current law requires the department todetermine whether the activity may substantially adversely affect an existing fish and wildlife resourceand, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility.Current law prescribes various requirements for lake and streambed alteration agreements. Currentlaw also establishes various exemptions from these provisions. This bill would additionally exempt fromthese provisions vegetation management or fuels treatment projects undertaken, carried out, orapproved by a state or local governmental agency necessary to prevent or mitigate the threat orintensity of a wildfire.


Resources

SB 351 (Caballero D) Water Innovation Act of 2021. Current Text: Amended: 4/20/2021 html pdf Current Analysis: 05/07/2021 Senate Appropriations (text 4/20/2021) Introduced: 2/9/2021 Last Amend: 4/20/2021 Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE

on 5/10/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 5/25/2021-S. 2 YEAR Desk Policy 2 year Floor Desk Policy Fiscal Floor Conf.


Summary: Current law establishes the State Water Resources Control Board for the purposes ofproviding for the orderly and efficient administration of the water resources of the state. This bill, theWater Innovation Act of 2021, would create the Office of Water Innovation at the California WaterCommission for the furtherance of new technologies and other innovative approaches in the watersector. The bill would require the office, by December 31, 2023, to take specified measures to advanceinnovation in the water sector. The bill would make findings and declarations regarding the need forwater innovation.


Resources

SB 403 (Gonzalez D) Drinking water: consolidation. Current Text: Amended: 7/5/2021 html pdf Current Analysis: 06/29/2021 Assembly Local Government (text 6/8/2021) Introduced: 2/12/2021 Last Amend: 7/5/2021 Status: 7/5/2021-Read second time and amended. Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/1/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/14/2021 9 a.m. - State Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ, LORENA, Chair

Summary: The California Safe Drinking Water Act authorizes the State Water Resources Control Boardto order consolidation with a receiving water system where a public water system or a state smallwater system, serving a disadvantaged community, consistently fails to provide an adequate supply ofsafe drinking water or where a disadvantaged community is substantially reliant on domestic wells

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that consistently fail to provide an adequate supply of safe drinking water. This bill would revise thoseconsolidation provisions, including, among other revisions, authorizing the state board to also orderconsolidation where a water system serving a disadvantaged community is an at-risk water system, asdefined, or where a disadvantaged community is substantially reliant on at-risk domestic wells, asdefined.


Resources

SB 426 (Rubio D) Municipal separate storm sewer systems: financial capability analysis. Current Text: Amended: 3/1/2021 html pdf Current Analysis: 05/22/2021 Senate Floor Analyses (text 3/1/2021) Introduced: 2/12/2021 Last Amend: 3/1/2021 Status: 6/4/2021-Failed Deadline pursuant to Rule 61(a)(8). (Last location was INACTIVE FILE on

6/1/2021)(May be acted upon Jan 2022) Is Urgency: N Is Fiscal: Y Location: 6/4/2021-S. 2 YEAR Desk Policy Fiscal 2 year Desk Policy Fiscal Floor Conf.


Summary: Would require the State Water Resources Control Board, by July 1, 2022, to establishfinancial capability assessment guidelines for municipal separate storm sewer system permittees thatare adequate and consistent when considering the costs to local jurisdictions. The bill would requirethe state board and the regional boards to continue using available regulatory tools and otherapproaches to foster collaboration with permittees to implement permit requirements in light of thecosts of implementation.


Resources

SB 520 (Wilk R) Water resources: permit to appropriate: application procedure: mining use. Current Text: Amended: 3/17/2021 html pdf Current Analysis: 06/15/2021 Assembly Water, Parks And Wildlife (text 3/17/2021) Introduced: 2/17/2021 Last Amend: 3/17/2021 Status: 6/17/2021-June 17 set for first hearing canceled at the request of author. Is Urgency: N Is Fiscal: Y Location: 5/13/2021-A. W.,P. & W. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Current law requires the State Water Resources Control Board to issue and deliver a noticeof an application as soon as practicable after the receipt of an application for a permit to appropriatewater that conforms to the law. Current law allows interested persons to file a written protest withregard to an application to appropriate water and requires the protestant to set forth the objectionsto the application. Current law declares that no hearing is necessary to issue a permit in connectionwith an unprotested application, or if the undisputed facts support the issuance of the permit andthere is no disputed issue of material fact, unless the board elects to hold a hearing. This bill, if theboard has not rendered a final determination on an application for a permit to appropriate water for abeneficial use or uses that include mining use within 30 years from the date the application was filed,would require the board to issue a new notice and provide an opportunity for protests beforerendering a final determination, with specified exceptions.


Resources

SB 559 (Hurtado D) Department of Water Resources: water conveyance systems: Canal ConveyanceCapacity Restoration Fund.

Current Text: Amended: 6/14/2021 html pdf Current Analysis: 06/29/2021 Assembly Water, Parks And Wildlife (text 6/14/2021) Introduced: 2/18/2021 Last Amend: 6/14/2021 Status: 7/1/2021-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes

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https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=8%2F3tNnhz%2FjrjyS6RkldT5etc%2FfGYd9%2FhlssI29mpN2vHnZzIOZm1Se4UeIIuoSay

https://wilk.cssrc.us/




https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=TxHTZefV3kuuaZ%2Fps938x6hiQG4mHMA1FYcNoGK2L%2F%2FY%2BvO67KkeBNmd8vveURnO





11. Noes 0.) (July 1). Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/1/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Summary: Would establish the Canal Conveyance Capacity Restoration Fund in the State Treasury tobe administered by the Department of Water Resources. The bill would require all moneys deposited inthe fund to be expended, upon appropriation by the Legislature, in support of subsidence repair costs,including environmental planning, permitting, design, and construction and necessary road and bridgeupgrades required to accommodate capacity improvements. The bill would require the department toexpend from the fund, upon appropriation by the Legislature, specified monetary amounts to restorethe capacity of 4 specified water conveyance systems, as prescribed, with 2 of those 4 expendituresbeing in the form of a grant to the Friant Water Authority and to the San Luis and Delta-MendotaWater Authority. The bill would make operation of these provisions contingent on specified conditionsbeing met. The bill would make these provisions inoperative on July 1, 2030, and would repeal theprovisions as of January 1, 2031.


Resources

SB 626 (Dodd D) Department of Water Resources: Procurement Methods. Current Text: Amended: 6/21/2021 html pdf Current Analysis: 06/29/2021 Assembly Water, Parks And Wildlife (text 6/21/2021) Introduced: 2/18/2021 Last Amend: 6/21/2021 Status: 7/1/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 1).

Re-referred to Com. on APPR. Is Urgency: N Is Fiscal: Y Location: 7/1/2021-A. APPR. Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/14/2021 9 a.m. - State Capitol, Assembly Chamber ASSEMBLY APPROPRIATIONS, GONZALEZ, LORENA, Chair

Summary: Current law authorizes the Department of Transportation, regional transportation agencies,and the San Diego Association of Governments to engage in a Construction Manager/GeneralContractor project delivery method (CM/GC method) for specified public work projects. This bill would,until January 1, 2033, authorize the Department of Water Resources to utilize the CM/GC method, asspecified, for no more than 7 projects for elements of State Water Facilities, as defined. The bill wouldrequire the Department of Water Resources, on all projects delivered by the department, to usedepartment employees or consultants under contract with the department to perform all projectdesign and engineering services related to design, and construction inspection services, required forthe CM/GC method consistent with specified existing law.


Resources

SB 821 (Committee on Natural Resources and Water) Sacramento-San Joaquin Delta: Delta IndependentScience Board.

Current Text: Amended: 7/5/2021 html pdf Current Analysis: 07/05/2021 Assembly Appropriations (text ) Introduced: 3/9/2021 Last Amend: 7/5/2021 Status: 7/8/2021-Read second time. Ordered to consent calendar. Is Urgency: Y Is Fiscal: Y Location: 7/7/2021-A. CONSENT CALENDAR Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.


Calendar: 7/12/2021 #69 ASSEMBLY CONSENT CALENDAR 1ST DAY SENATE BILLS Summary: Current law establishes the Delta Independent Science Board and sets forth the

composition of the board, including requiring the board to consist of no more than 10 membersappointed by the Delta Stewardship Council. Current law requires the board to provide oversight of

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the scientific research, monitoring, and assessment programs that support adaptive management ofthe Sacramento-San Joaquin Delta through periodic reviews of each of those programs, as specified.Current law requires the board to submit to the council a report on the results of each review,including recommendations for any changes in the programs reviewed by the board. This bill wouldrequire the council to contract for the services of the members of the board, as specified. The bill wouldexempt these contracts from specified provisions of law governing public contracting. The bill wouldrequire the council to establish procedures for contracting for the services that are subject to thesecontracts.


Resources

Total Measures: 63Total Tracking Forms: 63

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LEGAL,INTERGOVERNMENTAL

& COMMUNITYAFFAIRS COMMITTEE

Tuesday, July 13, 2021

Monthly Update

ROUTINE DISTRICT COMMUNICATIONBill Message May 1 – June 30 – The 2020 Water Quality Report is nowavailable. See how your drinking water continues to meet orexceed regulatory standards. View the report atacwd.org/2020CCR or call 510-668-6500 for a copy. Get money back when you purchase a “smart” irrigationcontroller through ACWD. Visit www.acwd.org/rebates for moreinformation. Water main cleaning is underway through June 2021. Learnmore by visiting www.acwd.org/maincleaning or call 510-668-6500. Our lobby remains closed to the public during the COVID-19pandemic. Please call 510-668-4200 or [email protected] for assistance.

Jul 1 - Present - Drought is here. Take one action today tosave water for tomorrow. Learn how ACWD is managingdrought and ways you can save now: acwd.org/drought.

Program update: Rebate increased to $2/sq. ft. whencustomers replace lawn with water-efficient landscape. Detailsat acwd.org/rebates.

Our lobby remains closed to the public during the COVID-19pandemic. Please call 510-668-4200 or [email protected] for assistance.

The 2020 Water Quality Report is now available. View thereport at acwd.org/2020CCR or call 510-668-6500 for a copy.

LICA COMMITTEE 2021| JULY

http://www.acwd.org/rebates

http://www.acwd.org/maincleaning%20or%20call%20510-668-6500

SOCIAL MEDIA

Analytics – 135 page views, post reach 1,430, postengagement 656, Video views 847

Analytics – Impressions 1,200, Post interaction 161, Profilevisits - 53

Analytics – Tweets 24, Tweet impressions 14.1K, profile visits1,474

Jun 24 –Drought is here. Take one action today to save water.- Impressions – 3003

Facebook – 789 Followers (+10)

Instagram - 190 Followers (+16)

Twitter – 810 followers (+6)

You Tube – 51 Followers (+5) Nextdoor -


WEBSITE ARTICLES & UPDATESJoin ACWD and our Partners for an Alameda Creek CleanupEventACWD Equips Tri-City Customers with Hacks to Save WaterACWD Recognizes Local Organizations for Exemplary WaterUse Efficiency 2020 Water Quality Report Now Available

https://nextdoor.com/city/feed/?post=191767090

https://www.acwd.org/CivicAlerts.aspx?AID=277



SOCIAL MEDIA HIGHLIGHTS ACWD customer spotlight - meet Robert, smart irrigationsolutions; welcome new GM Ed Stevenson; here's what toexpect on AMI meter install day; join us for Alameda Creekcleanup day; from tank to tap #ACWDfactFriday; water savingstips from One Saves Water campaign; visit our website forquestions about drought, meet ACWD employee Erick.


Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

1,000

750

500

250

0

MEDIA COVERAGE

Jun - Fremont green challenge newsletter - One Saves Watercampaign information.Jun 13 - July 2 - OTT streaming: 24,977 impressions - WaterClipsStudent Video Contest winning entriesJun 15 - Tri-City Voice – The ACWD Connection – Drought is here.Take one action today to save water. Outdoor tips.Jun 22 - Tri-City Voice – The ACWD Connection – Drought is here.Take one action today to save water. Indoor tips.Jun 29 - Tri-City Voice – The ACWD Connection – Volunteers Needed:Alameda Creek CleanupJun 29 - UCTV 15 - AMI Installation videoJun 29 - UCTV 15 - WaterClips Student Video Contest entriesJul 2- UCTV 15 - One Saves Water adJul 6 - Tri-City Voice – The ACWD Connection – July is SmartIrrigation MonthJul 9 - Mercury News - East Bay water district may have missedopportunity to buy 50,000-acre ranchJul 13 – Tri-City Voice – The ACWD Connection – WEL Program

Television/Radio/Print

SOCIAL MEDIA ANALYTICS

Facebook789 (+10)

MEMPHIS SOLUTIONS2018 | MARCH

Social Media Followers

Twitter810 (+6)

Instagram190 (+16)

YouTube51 (+5)


OTHER COMMUNICATION & OUTREACH

Jun 24 - Updates made to finance webpage. Most recent budgetdocument was added and edits made to language on page.

Jun 11 - Public Notification Letter for Alvarado Niles Pipelineproject regarding paving; letters delivered toresidents/businesses on Smith Street, Union City; approximately50 letters delivered.Jun 16 - Public Notification Letter for Alvarado Niles Piplineregarding paving; letters delivered in the vicinity of SmithStreet, Union City; approximately 225 letters delivered.

Jun 16 - Renee Gonzales attended CAPIO Webinar: Executing aCreative Outreach Campaign that Resonates'.Jun 23 - Sharene Gonzales attended the Niles Canyon Stroll &Roll Planning meetingJun 24 - Email regarding Once Saves Water Campaign and WELProgram sent to 5,907 customers via Constant Contact.Jun 29 - Renee Gonzales attended CAPIO Webinar: What's Next -Trends in Outreach & Education.Jun 30 - Sharene Gonzales attended a drought messagingwebinar hosted by ACWA Jun 30 - Renee Gonzales and Sharene Gonzales attended aregional PIO meeting to discuss drought messaging

Jun - Water Use Efficiency (WUE) team made updates to theDistrict's website including adding a page related to ACWD'swater conservation actions and updating FAQs for customers.Jun 11 - WUE team updated ACWD's website text and marketingmaterials to reflect the increased Water Efficient Landscape(WEL) rebate amount from $1.00/sq.ft. to $2.00/sq.ft. after theBoard approved of this change on June 10th. Jul 7 - WUE Team added drought resources and conservationtips for residential customers to the Water Savings AssistancePartnership Program (WSAPP) virtual education packet.

Finance -

Engineering and Technology Services -

Office of the General Manager -

Water Resources -


UPCOMING EVENTSJul 16 - Alameda Creek cleanup event

SCHOOL EDUCATION PROGRAM

Jun 25 - Renee Gonzales met with Newark Unified SchoolDistrict Director, Teacher Induction to discuss ACWD'sOutdoor Education Program proposal'Jun 29 - Sharene Gonzales and Renee Gonzales met withEast Bay Regional Park District staff to review ACWD'sOutdoor Education Program proposal'12,931 school supplies have been distributed for the 2020/21school year. 2020/21 ZunZun is offering water education distancelearning via live stream assemblies. ZunZun has completed55 live assemblies serving a total of 7,762 students. ZunZunhas also created pre-recorded videos with general watereducation messaging accompanied by a Google Form: 180uses. ACWD-specific messaging: 208 uses


Client Product Start Date End DateContracted

Impressions

Contracted

CPm

Contracted

Media

Pacing

Index

Delivered

ImpressionsClicks CTR

Video

CompletesVCR

Alameda County Water District Noovie Audience Accelerator OTT Local 06/14/2021 07/18/2021 53,908 $37.10 $2,000.00 99 24,977 20 0.08% 22,367 89.55%

CTR Click through rate- % of users who click on the ad

VCR Video Completion Rate- % of users who completed the video 100%

Pacing Index Pacing % - how the campaign is tracking to deliver contracted impressions.

100% or higher is on track to deliver in full.

OTT Internet Streaming Advertising – WaterClips Student Video Contest

Let's work together to keep Alameda Creekhealthy! Join us and local partners to helpcollect trash along Alameda Creek to protectlocal wildlife and water quality. All ages arewelcome.

Friday, July 16, 2021, 12 p.m. – 2 p.m.

Registration is required. For more info visit:acwd.org/event

Volunteers Needed: Alameda Creek Cleanup

Celebrate Smart Irrigation Month by creating a beautiful water-efficient landscape atyour home or business.

Rebates available:

Irrigation Controller Rebates: Upgrade your irrigationcontroller to a smart weather-based irrigation controller andreceive a rebate.

For more info and requirements, visit acwd.org/rebates or call 510.668.4218

Water-Efficient Landscape Rebates: Apply to convert lawn to water-efficient landscapeand receive $2/sq ft. of lawn converted.

East Bay water district may have missed opportunity to buy 50,000-acre ranch Alameda County Water District officials lament not moving faster on the deal

By JOSEPH GEHA | [email protected] | Bay Area News Group

PUBLISHED: July 9, 2021 at 6:15 a.m. | UPDATED: July 9, 2021 at 8:28 a.m.

A very rare “window of opportunity” for the Alameda County Water District to purchase more than 50,000 acres of privately held land in the hills east of the Bay Area to preserve water quality for millions of people appears to have closed, officials said this week.

Leaders of the district — which provides water to about 350,000 people in Fremont, Newark, and Union City — have for nearly two years been weighing making an offer to buy the N3 Cattle Co. ranch, much of which lies in watersheds that feed into critical creeks, reservoirs and lakes depended on for water supplies.

Officials have said if the district purchased the huge swath of land, it would help ensure water quality for generations to come in the Bay Area by preventing potential development on the land, which lies upstream of Lake Del Valle, Calaveras Reservoir, and parts of the greater Alameda Creek watershed.

But while the district’s board of directors discussed many times in closed session meetings since fall 2019 how or whether to buy the property — in what has been touted as the largest potential land sale in the state — someone else apparently has swooped in to scoop it up.

The website of California Outdoor Properties, a private brokerage firm managing the land sale, now says there is a “sale pending” on the property, which spans portions of Alameda, Santa Clara, San Joaquin, and Stanislaus counties.

The broker handling the sale, Todd Renfrew, said in a text message to this news organization Thursday evening that the property is “under contract,” though he declined to offer any other details.

In a public discussion about the property on Thursday evening, some of the water district’s board members lamented not acting more decisively in 2019, and choosing at the time to possibly partner with other public agencies and nonprofits to go in on the property together.

“We had two of the environmental groups spearheading our coalition of partners, beginning early last year they said a deal is imminent, every single month they said it’s around the corner, it never was,” Boardmember Paul Sethy said at the meeting.

https://www.mercurynews.com/author/joseph-geha/

mailto:[email protected]

“And we never set a deadline for going to a plan B. So we were strung along, all year long and then into this year, biding our time, knowing full well that another offer could come in on the table,” Sethy continued. “The window of opportunity closed on us, and an offer came in five weeks ago, and here we are in emergency mode trying to regain our interests.”

The district previously told this news organization the other agencies it was in talks with about the property included the San Francisco Public Utilities Commission, which owns the Calaveras Reservoir, the Nature Conservancy, The Trust for Public Land, and the East Bay Regional Park District.

Another boardmember, John Weed, indicated that state officials’ efforts to potentially create a state park on the property may have also added “political pressure” on board members trying to decide if they should pull the trigger at the time.

The board can still put in a “backup offer” on the property, for the current listing price of $68 million, which could be considered by the seller “should any current pending sale not be consummated,” Ed Stevenson, the district’s general manager told the board Thursday.

“A sale of a property like this, which would be very complex, it’s possible that it may not go through,” he said.

The property was originally listed at $72 million in summer 2019, the first time the property had been put up for sale in 85 years at the time.

During the discussion Thursday, four of the five board members appeared to be in favor of submitting a backup offer, largely citing the need to protect water quality.

Boardmember Judy Huang was opposed to the idea, saying the risk is too great, as the property could have areas such as former mining sites that may require costly cleanup efforts, and that the district’s customers shouldn’t bear the costs alone.

“(The district’s) customers should not be asked to carry the entire burden of financing this transaction and the associated risk and liabilities, when other local water agencies such as Zone 7, which supplies water to Dublin, San Ramon, Livermore, and Pleasanton, will also benefit,” she said.

Huang said the property likely wouldn’t increase water supply, and suggested the district could use the money to instead more aggressively pay down its pension and benefits liabilities, or accelerate the needed replacement of water mains.

District staff told the board if it were to go through with the purchase at $68 million, water rates would have to increase by about 5.2% to help finance the deal, though the rate increase could be spread out over several years.

The district has raised water rates nearly every year for more than two decades, including a 25 percent hike for 2017 and 2018.

A rough estimate pegged the costs for operating the ranch land at $3 million annually, but costs could be higher if the district or its partners tried to develop some of it as a public park, staff said.

Jonathan Wunderlich, the district’s finance manager, said there is “significant uncertainty” around how much financial assistance the district may get from other agencies also interested in preserving the property.

However, Boardmember Jim Gunther strongly feels “that other agencies would support us in our endeavor and we could get some financial assistance,” he said at the meeting. “For the watershed and the environmental protection aspects of this, the project is worth it, and if (the district) has to take the lead, I’m willing to make that effort,” he said.

The board discussed the property in a closed session portion of the meeting. Afterwards, Board president Aziz Akbari said the “majority of the board” gave direction to staff regarding the property, but he didn’t elaborate on whether the direction was to put in an offer.

For more information and requirements, visit acwd.org/rebates orcall 510.668.4218.

Water-Efficient Landscape Rebate Program

Save water. 4. Reduces need for fertilizer or pesticides. Attract wildlife. 5. Prepares your landscape for dry conditions. Less maintenance. 6. California native plants thrive in our climate.

Drought is here and ACWD asks customers to conserve water now. With theWater-Efficient Landscape Rebate, customers can conserve water plus receivean increased rebate of up to $2 per square foot of turf replaced.

Additional benefits of a water-efficient landscape:

1.2.3.

43885 SOUTH GRIMMER BOULEVARD • FREMONT, CALIFORNIA 94538 (510) 668-4200 • FAX (510) 770-1793 • www.acwd.org

June 10, 2021 Dear Occupant/Owner: As part of a joint effort between the Alameda County Water District and the City of Union City, Garney Pacific will be paving Smith Street between Union City Boulevard and the Union Pacific Railroad tracks, east of Granger Avenue, between Wednesday, June 16, and Thursday, June 24, between the hours of 8:00 a.m. and 6:00 p.m. Weekend work is not anticipated. During this time, between Union City Boulevard and the railroad tracks, Smith Street will be closed to traffic in both directions in coordination with the paving operation, and detours will be in place. Paving will severely impact traffic. Deliveries to businesses will be possible before 8:00 a.m. and after 6:00 p.m. Following the paving operation, additional ancillary street work will occur in the same location between June 24 and July 2, between 8:00 a.m. and 6:00 p.m., with traffic control, one-way traffic, and detours in place. Weekend work is not anticipated. Street work will impact traffic. The project comes as ACWD wraps up its seismic improvements to water mains to improve water supply reliability in the area. We thank the residents and businesses of Union City for your patience while we work on these critical infrastructure upgrades. We do apologize for any inconvenience. If you have questions, please contact:

• Contractor Contact: Garney Pacific (Contractor): Brian Thompson, (209) 665-9922, [email protected] or Clint Gust, (775) 813-7056, [email protected] (all hours)

• Alameda County Water District: Sharene Gonzales, Public Affairs Supervisor,

(510) 668- 4208, or [email protected] (business hours)

• Alameda County Water District: Chris Delp, Engineering Supervisor, (510) 668-4422, or [email protected] (business hours)

cd/mh


43885 SOUTH GRIMMER BOULEVARD • FREMONT, CALIFORNIA 94538

(510) 668-4200 • FAX (510) 770-1793 • www.acwd.org

June 16, 2021 Dear Occupant/Owner: First, thank you for your patience and understanding over the last several months while critical improvements were being made to renew and upgrade the water system serving your area. We recognize that such work, while important, can impact those in the area, and we continue to work hard to minimize those impacts and keep you informed. The Alameda County Water District and the City of Union City are working with Garney Pacific to pave Smith Street between Union City Boulevard and the Union Pacific Railroad tracks that are located east of Granger Avenue. The collaborative effort between the District and the City to pave the entire street, as part of the District’s water main pipeline upgrade project, will eliminate the need for a separate City-led paving project in this area, and reduce the disruption to Smith Street that would occur with future paving. The purpose of this letter is to provide you with information about the upcoming paving work and how continued access to your home or business will be maintained. PAVING SCHEDULE Dates: Thursday, June 17 through Friday, June 25. Weekend work is not anticipated. Hours: 8:00 a.m. through 6:00 p.m. During this time, Smith Street between Union City Boulevard and the railroad tracks may be closed intermittently to traffic in one or both directions in coordination with the paving operation, and detours will be in place. WHAT DOES THIS MEAN FOR RESIDENTS AND BUSINESSES ON SMITH STREET? SMITH STREET BETWEEN WATKINS STREET AND GRANGER AVENUE IS PLANNED TO BE CLOSED INTERMITTENTLY The contractor will work to accommodate local traffic to residences and deliveries to businesses, but access may be delayed while paving work is ongoing. Parking on Smith Street will not be available between 8:00 a.m. and 6:00 p.m. Access for emergency vehicles will be available at all times. RESIDENTS Residents have the option to park in their driveway, but should expect possible delays and/or rough, difficult driving surfaces; delays in driving in and out of driveways of up to several hours are possible. If vehicular travel is anticipated during the work period, it is strongly recommended


to park on side streets, particularly if you cannot afford to be delayed, or if you object to driving on rough paving conditions. BUSINESSES To the extent possible, we recommend scheduling deliveries to businesses prior to 8:00 a.m. or after 6:00 p.m. to avoid delays. The contractor will work to accommodate deliveries and business related traffic, but certain paving work will prohibit traffic over areas being paved. Pedestrian access to businesses will remain available at all times, and business related parking is available on nearby side streets. All residences and businesses will be accessible for pedestrian traffic. Following the paving work, between Monday, June 28, and Tuesday, July 6, additional work on utility appurtenances and crosswalks will occur in the work area, resulting in intermittent one-way traffic in some locations. This may result in short delays, but access for residents and businesses will be maintained. IMPORTANT MESSAGE FOR RESIDENTS & BUSINESSES ON VALLEJO STREET, WATKINS STREET, WATKINS COURT, FREDI STREET, SHINGLEWOOD COURT, GRANGER AVENUE, RANDALL COURT, HARLAN COURT, AND WAINWRIGHT COURT JUNE 17 – JULY 6, BETWEEN 8:00 A.M. – 6:00 P.M. Due to intermittent street closures and detours on Smith Street, vehicle traffic delays are anticipated in the area of Smith Street between Vallejo Street and Granger Avenue. There will be local vehicular access to businesses and residences as described above; however, traffic control, flaggers, and one-way traffic with temporary detours should be expected. Parking will be restricted on Smith Street as described above. We suggest avoiding Smith Street to the extent you can to avoid any delays. We do apologize for any inconvenience. If you have questions or need to discuss special arrangements, please contact:

• Contractor Contact: Garney Pacific (Contractor): Clint Gust, (775) 813-7056, [email protected]; Greg Lutes, (916) 217-4615, [email protected] (all hours)

• Alameda County Water District: Sharene Gonzales, Public Affairs Supervisor, (510) 668-4208, or [email protected] (business hours)

• Alameda County Water District: Chris Delp, Engineering Supervisor, (510) 668-4422, or

[email protected] (business hours)

cd/mh

One Saves Water Campaign Update

L E G A L , I N T E R G O V E R N M E N T A L &C O M M U N I T Y A F F A I R S C O M M I T T E EJ U L Y 1 3 , 2 0 2 1


Indoor and outdoor water-saving tips

HotelsRestaurants

Program and rebate info


Collateral One Saves Water Fact Sheet

for Businesses

One Saves Water - Yard Sign

Simple messaging toencourage water conservationin the yard

DRAFT

DRAFT



Engaged Customer Outreach

Constant Contact

June 24: Email sent to 5,907 engagedcustomers Open rate: 63%Click rate: 9%



Seniors & Underrepresented Group Outreach Campaign information and Help on Tap sent toSenior Centers in:FremontNewark Union City

Fremont Family Resource Center

Bill Message



Media Earned Media

City of Union City - UCTV 15City of Fremont - Fremont Green Challengenewsletter

Paid Media

Tri-City Voice



Social Media

30 posts in June12 posts in four languages

Facebook, Twitter, Instagram



Social Media

Nextdoor3,003 impressions



Drought & Water Conservation ResourceCenter webpage - ACWD.org/drought

5,553 page views since the campaign launch



Next Steps

Social media postsTri-City Voice

The ACWD Aqueduct newsletterBill insertsTarget Outreach

HOAsMulti-family ResidentialBusinessesLarge Landscape

Drought Townhall with Supervisor HaubertExplore creative outreach - possible events

Ongoing

Planned



Questions?

1

FINANCE COMMITTEE MEETING SUMMARY MINUTES

July 20, 2021 3:30 P.M.

ATTENDANCE Directors: Aziz Akbari (Chair), John Weed Staff: Ed Stevenson, Jonathan Wunderlich, Mariana Grajeda, Katrina Bates, Sydney Oam Consultant: Karen Lookingbill – CERBT

The monthly Finance Committee Meeting was held on July 20, 2021 at 3:30 PM. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference and members of the public were invited to participate.

DISCUSSION TOPICS

1. California Employers’ Retiree Benefit Trust (CERBT) Fund Update: Karen Lookingbill, anOutreach & Support Manager from CalPERS CERBT, provided an update on the District’sCERBT fund. Ms. Lookingbill reviewed the June 30, 2019 Other Post-Employment Benefits(OPEB) actuarial valuation report summary, noting the actuarially determined contribution(ADC) of $3,407,540 for FY 2020/21, and assets invested in Strategy 1 with a discount rateof 6.50%. The District first started contributions to CERBT on June 27, 2012, with the initialcontribution of $1,121,368. As of July September 9, 2021, the District’s CERBT fund hastotal assets of $47,838,228 with a money-weighted annualized net rate of return of 9.57%. TheDistrict anticipates the next valuation report to show a significant increase in the funding level.The District controls the OPEB funding policy by choosing the appropriate investmentstrategy, making contribution and taking reimbursements, and selecting an outside consultingactuary to assist in determining the appropriate funding levels. The District pays 10 basispoints (0.10%) of assets under management for its participation in CERBT. Ms. Lookingbillanswered questions from the Committee.

2. Options for Reinstatement of Collections: Katrina Bates, Customer Service and SystemsManager, reviewed the status of past due accounts and provided a summary of the collectionpolicy and overview of potential collections approaches. The number of total past due accountshas decreased but the percentage of residential past due accounts that are over 30 daysremained unchanged. There is an indication that the accounts that are past due have higherpast due balances. The District’s Collection and Residential Water Service Termination Policyoutlines the process and timeline for collecting on past due accounts. The process includeswritten and verbal notifications, as well as hanging door tags. The policy also provides aprocess for appeals and disputes, including making payment arrangement for the past duebalances. The Governor’s Executive Order that prevents disconnection of water service fornonpayment expires September 30, 2021. Staff seeks feedback from the Committee on thefollowing options for reinstating collections:

2

• Option 1: Reinstate established process starting with bills issued in December 2021. Courtesy notices and door tags for current past due accounts would be provided starting immediately and periodically through December 2021. Collection tasks, such as charging late fees and disconnections, would begin first quarter of 2022.

• Options 2A: Proceed with Option 1 but have a one-time action to clear past due balances and assign them to the property tax. Future past due balances will be subject to established policy.

• Options 2B: Past due balances for residential accounts would be assigned to the property tax annually effective 2023. Past due balances for commercial/industrial accounts would follow established policy with bills issued in December 2021.

There is an interest from the Committee in continuing to look at the options to move past due balances on to the property tax roll. The Board will discuss this item further at the August 2021 financial workshop. Ms. Bates answered questions from the Committee.

3. Budget Report: Sydney Oam, Financial Analysis Supervisor, reviewed the budget report and reserve funds through June 2021. The budget report reflected that the District collected 97.7% of budgeted revenue and spent 91.2% of budgeted expenses through June 2021. Water revenues were at $121,339,000 or 101.9% of budget. Facilities Connection Charges (FCC) total $6,182,000 or 121.2% of budget, reflecting higher development activity primarily in the early part of the fiscal year. Monthly FCC revenues have continued to trend lower in the past few months. The District continues to maintain reserve levels compliant with Board policy targets. Mr. Oam answered questions from the Committee.

4. Public Comments: There were no public comments.

RECOMMENDATIONS Topics discussed by the Committee were informational only, and no recommendations are being made.

1

ENGINEERING AND INFORMATION TECHNOLOGY COMMITTEE MEETING SUMMARY MINUTES

Wednesday, July 21, 2021 4:30 p.m.

ATTENDANCE Directors: Judy Huang (chair), Paul Sethy Staff: Ed Stevenson, Rekha Ippagunta, Ben Egger, Li-Teck Lau Public: None

The monthly Engineering & Information Technology Committee Meeting was held on July 21, 2021, at 4:15 PM. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference and members of the public were invited to participate. Materials presented to the Committee were posted in advance of the meeting at www.acwd.org and copies of materials as presented are attached to these minutes.

DISCUSSION TOPICS

1. Update on the Main Renewal Program - Lindsay Tract Roadway and Green InfrastructureImprovements: Rekha Ippagunta, Interim Director of Engineering and Technology Servicesand Project Engineering Manager, and Li-Teck Lau, Project Engineer, provided an update onthe project status, highlights of the cooperative agreement, and next steps.

The City of Newark (City) is planning a street reconstruction project on the West side of CherryStreet in Newark that covers multiple side streets that are currently lacking adequate drainage,curbs, and gutters. This City project includes reconstructing the streets with new curbs andgutters, sidewalks, pavement sections, improved and/or new storm water drainage systems,green storm water infrastructure, and landscaping in and around the Lindsay Tract and asegment on Birch Street within the City.

The District’s water mains in the project areas are approaching the end of their useful life, andthe District explored the opportunity to partner with the City, proposing a joint project tocombine street improvements with water pipeline infrastructure replacements.

The District’s assets include approximately 6,700 ft of 4-inch to 8-inch diameter asbestos-cement pipelines aged between 60-70 years, with service laterals, water meters, fire hydrants,valves, and appurtenances. Many segments are identified in the top 5 percentile of the District’swater main prioritization and risk model, and have a recorded leak history.

In order to provide for the most efficient and cost-effective implementation of the two projectsand to minimize disruption to the infrastructure improvements in the City project area, theDistrict and the City entered into a cooperative agreement with a desire to combine the workinto a Joint project. The benefits of a cooperative agreement include the following: realizeeconomies of scale from paving costs, mobilization and demobilization, contractadministration, and outreach; mitigate disruption to the newly paved city streets; minimizetraffic impacts, service outages, noise and other construction issues; simplify coordination


2

effort between agencies, including permitting and inspection; and achieve additional water main renewal mileage through collaboration with the City’s capital projects to provide reliable water supply to Newark customers. The Cooperative Agreement for the project’s design and construction was authorized by the Board in February 2021 and has been finalized and executed by the City and the District. Design highlights of the agreement include a joint Request for Proposal for proposed street and water main improvements, joint bid evaluation with a District ramp-off option, an agreed cost sharing arrangement, City award and administration of the contract, and District ownership of waterline design. Permitting highlights of the agreement include City administration of environmental and construction permits, the City having Lead Agency role under the California Environmental Quality Act (CEQA) and the District having a Responsible Agency role, and City coordination with Union Sanitary District (USD) and other utilities. Construction highlights of the agreement include a joint bid that includes District work as alternate bid items, an option for the City to award construction with or without District work items (District off-ramp), and District approval of the project to proceed with joint project construction. The City is responsible for contract administration and costs for District reimbursement are agreed at 10% of main renewal construction cost.

BKF has been awarded the professional design services agreement. Out of six proposals received, the City and the District agreed that BKF provided the best proposal with a fair and reasonable price. The total consultant cost for design and assistance during construction is $739K; with a City share of $498K (67%) and a District share of $241K (33%). Project work has started, with a topographic survey completed on the ground in June. City-wide outreach preparation has started with two community tent events scheduled for early August to help with Special Assessment District outreach. The City plans to fund portions of their street improvements through a special assessment district while main renewal work is funded by the District’s capital budget. Other early and upcoming work includes street concepts, geotechnical investigation, identifying lessons learned from similar projects, and utility coordination. An outline schedule of provisional dates includes CEQA determination in September 2021, water main design October 2021-January 2022, City of Newark Assessment District Formation in April 2022, construction award in early Summer 2022, and construction in Summer 2022. Staff responded to questions from Directors Huang and Sethy.

2. Update on Advanced Metering Infrastructure Project: Ben Egger, Project Engineering

Supervisor, provided a status update on the Proof of Concept (PoC) phase of the Advanced Metering Infrastructure (AMI) Deployment contract and a detailed overview of an important AMI software interface for the AMI Project (Project). On May 21, 2020, the Board awarded the AMI Deployment contract to Badger Meter, Inc. (Badger) and staff issued the Notice to Proceed for the PoC phase of the work on November 23, 2020. In accordance with the

3

District’s AMI implementation plan, multiple additional contracts have been executed in support of the Project. Such additional contracts include contracts for integration with the existing Cayenta Customer Information System (CIS), for ongoing Software as a Service (SaaS) and Network as a Service (NaaS) to support the AMI network and Meter Data Management System (MDMS) software, SaaS hosting and implementation of the “My Smart Water Connect” customer portal, and professional services to support construction and successful deployment of the new AMI system. The Project is currently nearing the completion of the PoC deployment phase of the work. The PoC deployment commenced on March 31, 2021, and included 3,337 meters in the Warm Springs and New Park Mall areas. At the June 24, 2021, Board Workshop staff reported that 2,883 of the PoC locations had been upgraded to AMI. Mr. Egger reported that 3,171 PoC meters had now been upgraded, with 9 locations requiring further investigation by District staff to accommodate the upgrade and 159 remaining locations actively being upgraded by Badger. Staff are anticipating that the weekly production rate for these remaining locations will be lower than the PoC peak production rate of 470 locations per week, as they require special attention from the contractor. Included in the locations requiring special attention from the contractor are locations with metal meter box lids and locations requiring further network coverage investigation. Included in the PoC phase of the project are a number of software interfaces, including an interface to support the use of AMI alert data and implementation of new workflows for Staff to support the efficient use and ownership of an AMI system (known as Interface-3d). At the June 24, 2021, Board Workshop, Staff reported on the software interfaces completed to date. These interfaces include integrations needed to support deployment and billing functions between the existing Customer Information System (CIS) and the new AMI Meter Data Management System (MDMS) which collects and analyzes the AMI meter readings, and additionally the interface between CIS and the Contractor’s Meter Installation System (MIS) which supports the meter installation workflows and installation quality control processes. Interface-3d configures the District’s existing CIS to request all of the actionable utility alerts and establishes predetermined workflow scripts in CIS to create Service Orders and Work Orders for delegation, investigation, troubleshooting and/or field maintenance removing the manual management, and entry of these Orders. Development of Interface-3d will be essential to assure the District has in place data accuracy measures, needed operational efficiencies, and readiness to absorb the volume of meter upgrades anticipated once the AMI Full Deployment commences. Staff responded to questions from Directors Huang and Sethy.

3. Public Comments: There were no public comments. RECOMMENDATIONS Topics discussed by the Committee were informational only, and no recommendations are being made.

Update on the Main Renewal Program - Lindsay Tract

Roadway and Green Infrastructure Improvements

Engineering & Information Technology CommitteeJuly 2021

Alameda County Water District

Project Background

• City of Newark is planning to reconstruct streets currently lacking adequate drainage, curb, and gutter.

• The project includes street construction, sidewalks, storm drain improvements, and paving incorporating green infrastructure.

• ACWD water mains in the project areas are approaching the end of their useful life.

Cooperative Agreement

• ACWD explored the opportunity to partner with the City of Newark

• ACWD proposed a joint project to combine street improvements with water pipeline infrastructure replacements

• A Cooperative Agreement for the project’s design and construction was authorized by the Board in February 2021

Joint Project Benefits

• Realize economies of scale – paving costs, mobilization and demobilization, contract administration, outreach

• Mitigate disruption to the newly paved City streets

• Minimize traffic impacts, service outages, noise and other construction issues

• Simplify coordination effort between agencies, including permitting and inspection

• Provides reliable water supply to Newark customers

• Achieve additional main renewal mileage through collaboration with City capital projects

Agreement Highlights – Design Services

• Joint Request for Proposal for proposed

street and water main improvements

• Joint bid evaluation with ACWD ramp-off

option

• Agree cost sharing

• City awards and administers contract

• ACWD owns waterline design

Agreement Highlights – Design Services

Cost Sharing Summary

Total City Share ACWD Share Split

Project Management, Meetings, Survey, Potholing

$ 171,662.00 $ 92,669.40 $ 78,992.60 Items either 50/50 or 60/40

City Street Concept Plans, Outreach, Hydraulic Modeling, Landscaping

$ 179,490.00 $ 179,490.00 100% City

City Street Construction Documents, and Assistance During Bidding and Construction

$ 225,769.80 $ 225,769.80 100% City

ACWD Water Main Design and Assistance During Bidding and Construction

$ 162,529.20 $ 162,529.20 100% ACWD

Totals $ 739,451.00 $ 497,929.20 $ 241,521.80 67% City, 33% ACWD

Agreement Highlights – Permits

• Permits: City to administer environmental

and construction permits

– CEQA – City of Newark is Lead Agency,

ACWD is a Responsible Agency

– City will acquire all environmental and

construction related permits

– Encroachment permit not required

– City coordinating with USD and other utilities

Agreement Highlights – Construction

• Construction – Joint project bid that includes ACWD work as

alternate bid items

– Option for City to award construction contract with or without ACWD work items – off-ramp

– Option for ACWD to proceed if City does not proceed

– Board approval to proceed with construction

– City responsible for contract administration and costs, and ACWD will reimburse its portion of cost (calculated at 10% of main renewal construction)

Project Location – Two Areas

Lindsay Tract

Birch St

Existing ACWD Infrastructure

• Customers currently served by asbestos-cement pipelines (ACP)– 4-inch to 8-inch diameter

– Age: 60 to 70 years

– Total ~6,700 ft of mains

– System includes service laterals, water meters, fire hydrants, valves, and appurtenances

– Many segments are in the top 5 percentile prioritization matrix

– Recorded leak history

ACWD Infrastructure – Lindsay Tract

George Ave8-inch ACP

1961

~1,500 ft

Mulberry St4-inch and 6-inch ACP

1951

~1,300 ft

Olive St4-inch and 6-inch ACP

1954

~1,400 ft

Magnolia St6-inch ACP

1959

~1,120 ft

ACWD Infrastructure – Birch St

Birch St6-inch ACP

1959

~1,350 ft

Progress to Date

• Cooperative Agreement finalized and executed by City of Newark and ACWD

• BKF selected as design consultant– 6 proposals received

– Evaluated by ACWD and City of Newark with option for ACWD off-ramp

– BKF team has ACWD design experience

– Cost share agreed

– Contract awarded and administered by City of Newark

• Project work started– Topographic survey - ground work

complete

– City outreach preparation started

Current Activities

• Community Events– Two tent events scheduled for early

August

– City preparing for Special Assessment District formation

• City plans to fund street improvements through a special assessment district; main renewal work is funded by ACWD’s capital budget

• Early Design Work– Street concepts

– Geotechnical investigation

– Lessons learned from similar projects

– Utility coordination

Concord St, Newark

Main Renewal Work

in l

Co

Ma

Next Steps

Activity Target DateCEQA Determination September 2021

Water Main Design October 2021-January 2022

City of Newark Assessment District

Formation

April 2022

Construction Award

• Option for ACWD to ramp off

Early Summer 2022

Construction Summer 2022

Questions

15WWW.ACWD.ORG/AMI @AlamedaCountyWD #SmartWaterConnect

AMI Integration Overview

AMI Installation Systems

EBPP

AAA

Billing Maintenance

EBPP

1

WATER RESOURCES & CONSERVATION COMMITTEE MEETING SUMMARY MINUTES

Wednesday, July 28, 2021 4:15 p.m.

ATTENDANCE Directors: Jim Gunther (Chair), Aziz Akbari Staff: Ed Stevenson, Laura Hidas, Jonathan Wunderlich, Stephanie Nevins, Leonard Ash,

Devon Becker, Gisselle Delgadillo, Russell Perry Public: Carol Mahoney, John Weed

The monthly Water Resources and Conservation Committee Meeting was held on July 28, 2021, at 4:15 PM. Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinarand Teleconference and members of the public were invited to participate. Materials presented tothe Committee were posted in advance of the meeting at www.acwd.org and copies of materialsas presented are attached to these minutes.

DISCUSSION TOPICS

1. Drought Update: Leonard Ash, Water Supply Supervisor, provided an update on droughtconditions and actions. Staff summarized weather forecasts showing increased chances forabove-normal temperatures this summer and for the next several months. On July 8, 2021, theGovernor issued an Executive Order calling for 15% voluntary water conservation statewideand a new drought emergency proclamation that expanded the drought emergency to nowcover 50 of the state’s 58 counties. The Department of Water Resources (DWR) iscoordinating with the U.S. Bureau of Reclamation, which manages the federal Central ValleyProject, to work collaboratively to meet their shared objectives. For planning related toimported water supplies, staff continues close coordination with DWR and other wateragencies. DWR indicates they can maintain the District’s 2021 deliveries as requested, even inthe challenging summer and fall months, and DWR’s Delta Field Division continues to workclosely with District and the other South Bay contractors to keep Lake Del Valle as full aspossible. Following the Governor’s actions on July 8, the San Francisco Public UtilitiesCommission (SFPUC) has notified the District that minimum purchase obligations are waivedfor FY 2022-23 due to the drought, in accordance with the terms of the Water SupplyAgreement with San Francisco. Staff continues to ensure water supply contingency plans areupdated in the event 2022 is a third dry year.

Staff continues to further develop and refine drought messaging after the Governor’s request for 15% voluntary conservation, and staff has noted that the Drought and Water Conservation Resource Center Webpage has generated over 5,500 views. Targeted outreach continues to seniors, underrepresented groups, and businesses, while digital outreach includes social media and targeted e-mail to customers. Some upcoming activities related to continued public outreach on drought messaging includes a Drought Townhall with Supervisor David Haubert and increased targeted outreach to businesses, homeowners’ associations, and multi-family residential units.


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Gisselle Delgadillo, Water Conservation Specialist, provided an update on the District's Water Use Efficiency Program activity. Customer inquiries and participation in all water use efficiency measures have increased significantly since late April 2021 due to drought concerns, with the majority of customer interest being related to the District's Water-Efficient Landscape rebate measure. As part of the District’s drought response, staff is developing a continuation of the income-qualified Water Savings Assistance Partnership Program with expanded leak detection services that will be brought to the Board for approval in September. Staff presented a graph of current District demands, showing June demands and partial demands for July. As there are several factors affecting customer demands, such as the persistent dry weather, changing customer behaviors due to COVID-19, and regional attention on the drought. Russell Perry, Water Operations Analyst, presented preliminary findings from a new analytic tool developed to evaluate the influence of these variables on customer demands. While it is too soon to determine how effective the public conservation messaging campaign will be in reducing customer demands, staff evaluation of demand data to date finds no indication of an overall reduction in water use attributable to near-term conservation actions, with current water use patterns attributable to weather differences from 2020. Staff will continue to monitor customer demand data and further develop this analytic tool.

2. Update on Los Vaqueros Expansion Partnership Opportunity and Review of Lake Del Valle Reoperation Analyses: Devon Becker, Water Resources Engineer, provided an update on the current analyses of the Los Vaqueros Reservoir Expansion (LVE) opportunity to help inform a decision on whether the District should join the Joint Powers Authority (JPA). Staff presented updated water resources analyses for LVE using currently available cost data from consultant Clean Energy Capital (CEC), estimated LVE delivery data provided by CCWD, as well as the District’s Integrated Resources Planning Model (IRPM). Staff also presented a summary of previous Lake Del Valle (LDV) studies in the context of a project comparison for LVE consideration. The LVE Project would add 275,000 acre-feet of storage to the existing 160,000 acre-feet reservoir owned and operated by Contra Costa Water District (CCWD). The project is adjacent to the Sacramento/San Joaquin Delta (Delta) and has the potential to capture Delta surpluses, provide additional operational flexibility, and facilitate efficient transfers to and from any LVE partners and their respective sources of supply. Additionally, LVE fulfills the definition of a “South of Delta” storage project upstream of the District and could therefore provide emergency water supply to the District in case of a Delta outage. There is currently no “Transfer-Bethany Pipeline only” project; the Transfer-Bethany Pipeline is a component of the LVE Project and only available for Local Agency Partners investing in the LVE Project. Jonathan Wunderlich, Director of Finance, explained that currently available cost data for LVE includes the following estimated components: share of fixed costs for new storage and conveyance facilities, operating costs for conveyance, usage fees to compensate East Bay Municipal Utilities District and CCWD for use of existing facilities, and JPA administrative costs. District staff has also adjusted CEC’s cost estimates where appropriate to account for more realistic interest timing, an updated operations scenario informed by the District’s IRPM

3

modeling, and amortization of all pre-2030 costs. However, all financial estimates used in this analysis are subject to uncertainty; estimates to construct new facilities will be updated in the future with a detailed engineer’s estimate. Cost allocation for new facilities has yet to be determined and will be finalized by the JPA, and the methodology for usage fees has yet to be determined. It is unclear if these factors would lead to higher or lower costs for the District. Importantly, not all relevant financial information will be available prior to JPA formation, so the District must evaluate the benefits and costs based on current estimates. Mr. Wunderlich noted that there are additional “off-ramps” built into the JPA agreement, so joining the JPA does not commit the District to funding the full project at this time, and more certainty on cost information is expected to be available prior to making a binding commitment to participate. Mr. Becker explained that the water resources analyses used to evaluate the LVE opportunity compared reliability performance, cost, and other operational elements in two model runs, a “Future without LVE” run and a “Future with LVE” run. The “Future without LVE” run mirrored the future buildout run from the 2020-2025 Urban Water Management Plan (UWMP) in terms of water supply assumptions but included updated buildout demand numbers from the final Plan Bay Area 2050 document and a refined reoperation of future water supplies to best meet the District’s reliability criterion. The “Future with LVE” used identical demands and assumptions as those used in the “Future without LVE,” but included a conceptualized future of LVE based on the ability to capture surplus Delta-based supply, the ability to store up to 9,000 AF of water supply for the District in LVE, the recommissioning of the Mission San Jose Treatment Plant (TP1) at an 8 mgd capacity, and draft operating rules to maximize new water supply and provide additional local storage for dry years. Notably, no new unique partnerships or transfers were modelled in the “Future with LVE” run. The results from the water resources analyses showed that a future without LVE would require heavy annual use of San Francisco Public Utilities Commission (SFPUC) water, yield lower Semitropic storage levels long-term, create greater water quality inconsistency between the north and south end of the system, and likely require upper zone storage and boosting enhancements. A future with LVE participation would result in a similar ability to meet single critical year shortage criteria but would allow for more optimal use of existing assets such as the Semitropic storage bank, Water Treatment Plan No. 2, South Bay Aqueduct capacity, and the existing distribution system. Furthermore, a future with LVE would provide for greater water quality consistency between the north and south end of the distribution system. In terms of costs, the estimated net reduction in future annual operating costs for a future with LVE compared to a future without LVE is $2.6-$5.6M in 2020 dollars. Additionally, LVE provides significant “un-costed” benefits, such as improved Semitropic storage levels, greater water supply insurance against a Delta outage, future flexibility to optimize local storage and reliability, and future partnership opportunities with other water agencies participating in the project. Consequently, analysis shows that LVE appears to remain a good investment for the District and that participation in the JPA is warranted. Staff also provided a review of prior analyses that evaluated storage usage in LDV. These analyses included 1) a reoperation scenario that would expand LDV storage by reallocating designated flood pool storage to water supply storage and adopting Forecast-Informed Reservoir Operations (FIRO), and 2) a reoperation scenario that would lower the annual

4

minimum operating level of LDV to increase capture of local run-off. Both LDV scenarios have potential benefit and are cost-effective; however, neither LDV scenario provides the District with operational discretion to manage the additional storage, unlike the benefits afforded by the LVE opportunity. Implementation of either LDV scenario would require a political coalition to advance and would require the California Department of Water Resources to take the lead. Staff did not previously make a recommendation to the Board on the LDV reoperation scenarios; the staff assessment remains that there is not enough potential merit to warrant increased effort on LDV at this time. Ms. Hidas explained that next steps include refinement of the cost and benefit analyses and completion of a Joint Powers Authority (JPA) agreement for the project. Future action items that will be coming to the Board for consideration include approval of a JPA agreement to continue participating as a project partner, and approval of an amendment to the existing multi-party Cost Share Agreement to continue funding for planning and design activities through 2022. Staff responded to Directors’ questions. Specifically, staff explained that the SFPUC water supply assumption used in the modeling analyses included the 40% unimpaired flow criteria on the Lower San Joaquin River. Additionally, staff clarified that the Transfer-Bethany pipeline costs were included in the project costs presented in the LVE analysis.

3. Water Supply Assessment for the Station District Specific Plan: Devon Becker, Water Resources Engineer, provided an overview of the Water Supply Assessment requested by the City of Union City for the Station District Specific Plan (Project). The Project will result in the intensification of existing planned land use, through infill and redevelopment, of 471 acres inside the regional Priority Development Area (PDA) and surrounding the Union City BART Station. The PDA was identified by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) in Plan Bay Area 2050 as a regional priority growth area to create housing and jobs near mass transit. Buildout of the proposed Project would result in an increase of 2,520 housing units and 3,173,000 ft2 of non-residential building area and approximately 955 acre-feet/year of demand for water over previously planned buildout numbers. Because the Project was included in Plan Bay Area 2050, it is included in the District’s most recently adopted 2020-2025 Urban Water Management Plan. Staff will bring the WSA to the regular September Board meeting and recommends the item be added to the consent calendar.

4. Public Comments: There were no public comments. RECOMMENDATIONS Topics discussed by the Committee were informational only, and no recommendations are being made.

Water Resources and Conservation Committee

July 28, 2021

Agenda Item 1


Drought Update

Photo Credit: DWR, 2021

Recent Updates

Water Resources and Conservation Committee, July 28, 2021

Agenda Item 1, Slide 2

• Weather forecast modeling indicates increased

temperatures through the summer and into 2022

• Governor’s July 8 actions:

o called for 15% voluntary water conservation

o Drought Emergency Proclamation adds nine

more counties to drought emergency

• Dept. of Water Resource (DWR) coordinating

with U.S. Bureau of Reclamation to optimize

Projects’ operations

Recent Updates (Continued)



• DWR projected to maintain 2021 deliveries as

requested

• District updating contingency plans for 2022

• SFPUC waiving minimum purchase requirement

• DWR’s Delta Field Division is keeping Lake Del

Valle as full as possible

• Continued close coordination with DWR,

Semitropic, San Francisco, and other agencies

• Continued coordination with Public Affairs staff

Water Conservation Campaign

We continue to collaborate with the Public Affairs team to provide content, information and direction for the

water conservation campaign “One Saves Water.” Campaign outreach is increasing with implementation of

more marketing initiatives that also emphasize the State’s Executive Order for voluntary conservation.



Printed Collateral• Fact Sheet for Businesses - indoor/outdoor saving tips to hotels and

restaurants, program and rebate info• Yard Signage - messaging to encourage water conservation• Bill Message• Seniors & Underrepresented Group Outreach

Digital• Engaged Customer Outreach: Email sent to 5,907 recipients• Media: Earned and Paid• Social Media: Facebook, Twitter & Instagram

• Nextdoor/5,000+ impressions• Drought & Water Conservation Resource Center Webpage/5500+ views

Next Steps• Aqueduct newsletter• Bill inserts• Target Outreach: HOA’s, Multi-family Residential, Businesses• Drought Townhall• Explore creative outreach – possible events

Water Use Efficiency Activity



Upcoming:• Program renewal with expanded leak detection services for the income-qualified Water

Savings Assistance Partnership Program (WSAPP)

• Leak services include hose bib, sprinkler, faucet, and flapper repair or replacement

• $200,000 for 300 homes served

0

20

40

60

80

100

120

140

160

180

200

Monthly AveragePre-Drought

(Jan-March 2021)

June 2021 July 2021(as of 7/22)

Tota

l Num

ber o

f Cus

tom

er C

onta

ct

Drought Activity on Water Use Efficiency Measures

Water Waste Reports

Water Conservation Kits

Water-Efficient LandscapeApps

Rachio ControllerRedemptions

Calls/Emails to Hotline

2021 Demand Tracking



Analysis of 2021 Demands



• Developed a

linear mixed-

effects model to

analyze water

demands.

• At present, no

changes in

demand that

cannot be

attributed to

weather and

COVID-19.

Independent Variables:

• Reference Evapotranspiration (ETo)

• Precipitation

• COVID-19 Lockdown Restrictions

• Other Standard Math Functions Used for

Water Analyses

Water Resources & Conservation Board Committee

Meeting

July 28, 2021


Update on Los Vaqueros Partnership Opportunity and Review of Lake Del Valle Analyses

Photo credit: Marco Siragusa

Presentation Overview

Purpose:

• Review current analyses of Los Vaqueros Reservoir Expansion (LVE) to support a decision on whether to join a Joint Powers Authority (JPA)

Outline:

• LVE Overview

• Review Finance and Water Resources analyses

• Revisit past Lake Del Valle (LDV) studies in the context of a project comparison for the LVE consideration

2

Los Vaqueros Reservoir Overview

• Owned and operated by Contra Costa Water District (CCWD)

• “Off-stream” reservoir, adjacent to the Delta

• 160,000 acre-feet (AF) of existing storage

• Phase 2 expansion to 275,000 AF storage proposed

– Multiple partners & benefits

– Uses existing, shared & new facilities

– California Water Commission (Prop 1) Funding Awarded in 2018, including Early Funding

– Estimated total project cost of $895M*

3

*Estimate in 2018 dollars; does not include outside fundingSource: February 2021 Project Fact Sheet, available www.ccwater.com/lvstudies

What are ACWD’s interests in

Los Vaqueros?

• Location– Adjacent to SWP

– South of Delta yet “Upstream” of ACWD

• Provides emergency/ resiliency for Delta outage

• Potential to capture Delta surpluses

• Could provide more operational flexibility

• Facilitate easy transfers to and from any and all LVE partners and sources of water

Old River Intake

4

Preliminary Costs & Benefits

Analysis

• Water Resources and Finance staff have analyzed currently available data for cost and operations developed by CCWD together with the Local Agency Partners

• All content in this section of the presentation reflects critical inputs that are subject to change

• At this stage, an analysis constitutes little more than a “gut check” - sufficient to support a decision on whether to continue LVE participation

Financial Analysis

• ACWD's LVE costs are comprised of:– Share of fixed costs for new storage and conveyance

facilities

– Operating costs to convey water

– Usage fees to compensate EBMUD and CCWD for use of their existing facilities

– JPA administrative costs

– Amortization of pre-2030 costs

• Agency-specific costs are currently estimated by Clean Energy Capital (CEC), a consultant working on the project

• Where appropriate, staff has adjusted CEC estimates

Financial Analysis

• Current financial estimates are subject to uncertainty:– Preliminary estimates for cost to construct new

facilities – detailed engineer's estimate to be developed prior to firm project commitment

– Cost allocation for new facilities still to-be-developed (will be finalized by the JPA)

– Methodology for usage fees not yet finalized

– Potential for ACWD to change its participation

• Unclear whether these factors would lead to higher or lower costs for ACWD

• Not all relevant financial decisions and information will be available prior to JPA formation

Water Resources Analysis

Overview

• Developed two computer models to

simulate:

1. “Future without LVE”

2. “Future with LVE”

• Compared reliability performance, cost,

and other operational elements of the two

scenarios


“Future without LVE” Model

An updated version of the UWMP buildout

model for 2045. Reflects:

• Lower demand associated with reduced

buildout numbers from the Final Plan Bay Area 2050 (~1.5 mgd lower than UWMP)

• Refinement and reoperation of ACWD’s

future supplies to best meet reliability

policy criterion.


“Future with LVE” Model

Conceptualized future using our existing supplies and facilities plus LVE

• LVE capture of surplus SWP supply (provided by CCWD and using CALSIM)

• Includes Mission San Jose Treatment Plant at 8 mgd

• Includes draft operating rules to maximize ‘new supply’ while also improve local storage for dry years

• No new or unique partnerships are modeled

Narrative Description of Future

Operations

Future without LVE Future with LVE

General

Operations

In order to offset lost SWP supply, ACWD

must purchase full SFPUC contract in all

years as SFPUC is “use it or lose it”.

Allows ACWD to keep water in Semitropic

for use in droughts.

Requires heavy annual use of direct

SFPUC supply, creating greater WQ

inconsistency between north and south

end of system

Low SWTP production will likely require

upper zone storage and boosting

enhancements

LVE supply helps mitigate lost SWP

supply, however SFPUC purchases will

likely still need to be higher than today’s

levels

Overall operations look largely like

today’s preferred operations, in part with

the return of TP1 which avoids

distribution system improvements

needed to serve upper zones

LVE local storage provides improved

south of Delta storage - or “insurance”

against Delta failure


Operations


Reliability Able to meet single critical year

shortage criteria of between 10 and

15%

Increased SFPUC usage does result

in larger allocated share during

droughts, based on the current

formula which favors higher

demonstrated use. (This formula is regularly renegotiated however)

Similar result. Conclusion is

sensitive to global modeling

assumptions & staff believes

individual dry-year reliability

performance will be easier to

optimize with LVE*

Addition of Delta based supply from

LVE provides for healthier

Semitropic storage. (Note: acquiring transfers contracts could similarly provide this benefit)

* Current year is a good example; if LVE were online, Staff would have begun delivering available Semitropic returns to LVE in December of 2020

Semitropic Storage Comparison


Operations


Annual

Cost(in $2020)

Variable Operating $51.4M $46.1M

LVE partnership

cost: $0M $3.3M

TP1* $ 0 M $2.3 M

Other

Enhancements**$2.9M - $5.7 $0 M

Total $54.3 M – $57.1 M $51.7 M

* Amortization of $40M (CIP)

** Amortization of $50M - $100M for boosting, storage and distribution

system enhancements (rough estimate for purposes of this analysis)


Operations


Other

Operational

Elements

Heavy use of direct SFPUC

creates greater distribution

system WQ inconsistency

between North and South of

System (similar to 1980s)

By providing a somewhat ‘in-

kind’ replacement of lost SWP

supply, this scenarios makes

better use of existing assets

including Semitropic, TP2, SBA

Capacity, current distribution

system

SFPUC Usage Comparison

Used for

blending with

local GW

Used to supplement

insufficient

production or water

supplys

LVE – Conclusions

• Estimated net reduction in future operating costs of $2.6 – 5.4M in (2020$)

• Improves offsite reserves in Semitropic

• Uncosted benefits:– Provides “insurance” against a Delta outage*

– New flexibility to optimize local storage & reliability

– Opens new partnering opportunities with other water agencies

• Note: None of this applies to a Transfer-Bethany Pipeline only project

• LVE appears to remain a good investment for ACWD; appears to warrant participation in JPA

* Value of insurance can be estimated from ‘cost of failure of supply’ which is not included

Lake Del Valle Analyses

• Per Board request, staff is providing a high-level refresher on prior analyses that revaluated storage usage in LDV

• LDV analyses included:

– Expand storage by reallocating designated flood storage in LDV for water supply and adopt Forecast-Informed Reservoir Operations (“LDV Raise w/ FIRO”)

– Lower the annual minimum operating level to increase capture of local run-off (“LDV Lowering”)

Important Constraints about

Lake Del Valle

• LDV owned and operated by DWR

• ACWD & Zone 7 each have 7.5 TAF of storage and can only store local runoff from the Arroyo Valle Watershed

• Increased storage likely a ‘system’ benefit for all South Bay Contractors and DWR operations.

• ** Increased storage in LDV would not operate under ACWD’s discretion

LVE LDV raise w/ FIRO LDV lowering

Concept / Description Invest in 5 to 10 TAF of Storage in Expanded reservoir

Reallocate 25 TAF of flood storage for regular water supply storage. Increases south of delta storage; FIRO

operation increases yield for ACWD and Zone 7.

Concept benefits from existing, reservoir capacity and therefore a low $/AF for new water supply storage

Modify EBRPD facilities (lower treatment plant intake and boat ramp/dock facilities) so that the annual operational

low-point can be further reduced. Allows EBRPD to remain operational when LDV drawn down below normal

conservation pool; allows ACWD & Zone 7 to capture more local water

Primary BenefitsIncreased south of Delta storage

ACWD new supplyEnhanced Flexibility

Increased south of Delta storageACWD new supply

Enhanced Flexibility

ACWD new supplyEnhanced Flexibility

Enhance resilience for Delta Outage Yes - increased south of Delta Storage Yes - increased south of Delta Storage No - same level of south of Delta Storage

Estimated water supply benefit (TAF/yr.) 1.6 2.3 (upper bound) 1.3

Estimated ACWD cost ~$120M Share of $50M (likely more) Share of $10M (likely more)

Ability for ACWD to manage storage?

Yes.Can place State Water Project supplies into LVE. Most notably the ability to recover extra Semitropic supply

for dry years

Only Arroyo Valle water. Cannot "park" our State Water Project supplies

Only Arroyo Valle water. Cannot "park" our State Water Project supplies

Implementability

MODERATE - HIGHLarge and complex project with many partners.

However enjoys:- State and Fed participation

- Prop 1 & other funding secured- Advanced discussions including partner funding and

governance

LOW- Requires federal approval

- Requires DWR to lead (currently not engaged)- Objections from EBRPD

- Concerns from flood management agencies regarding high volume releases needed as part of 'normal'

operations

LOW – MODERATE- Requires DWR to lead (currently not engaged)

- Potential objections from EBRPD- Not supported by all SBCs due to increased risk exposure

(Delta outage)

Status of LDV Discussions

• LDV scenarios have potential benefit but require political coalition to advance

• ACWD cannot operate additional storage in LDV at its own discretion, unlike LVE

• Staff did not make a recommendation

• Direction has been– To continue to discuss these concepts with interested

parties

– Be ready to advance them if future opportunities arise

• Staff assessment: There is not enough potential to merit increased effort on LDV; staff recommends maintaining current direction

Next Steps for LVE

• Staff to continue:

– Refinement of cost & benefit analyses

– Participation in JPA agreement finalization

• Staff will be bringing future items to the Board for

consideration, including:

– Approval of JPA Agreement to continue participating as a

Project partner in planning & design activities

– Approval of Multiparty Agreement Amendment No. 3 to

continue funding for planning & design activities through

2022

22

Water Resources & Conservation Board

Committee Meeting

July 28, 2021


Water Supply Assessment for the Station District Specific Planp

Overview

• On 6/4/2021, the District received a request for a Water Supply Assessment (WSA) from the City of Union City for the Station District Specific Plan (Project).

• The Purpose of a WSA is to determine the sufficiency of water supply during normal, single dry, and multiple dry water years for the next 20 years for the proposed project, in addition to existing and planned future uses.

• Water Code Sec. 10910 requires the District to complete a WSA within 90 days, or 9/2/2021

• Staff requested an extension pursuant to the Water Code and will bring the WSA to the 9/9/2021 regular Board meeting

2

Project Location

Station District Specific

Plan Project Details

• The Project proposes infill and intensification of existing planned land use on 471 acres around the Union City BART Station

• The Project is included in Plan Bay Area 2050

Existing + Previous

PlansNew with Project

Total at Build Out

Residential units 3,130 2,520 5,650

Non-residential

Building area (ft2)2,254,000 3,173,000 5,427,000

Estimated Water Demand

for the Project

• Full buildout is projected to use:

• The estimated new water demand as a result of the Project is 955 acre-feet/year.

• Because the Project was included in Plan Bay Area 2050, it is included in the District’s most recent water demand forecast and Urban Water Management Plan

Existing + Previous

PlansNew with Project

Total at Build Out

Water Demand

(AF/yr.)830 955 1,785

Findings of WSA

• All Project demands are included in the District’s Demand

Forecast and UWMP (2020-2025), therefore:

• The District has sufficient supplies for the Project in normal

years.

• The Project will not result in increased shortages from those

already included in the District’s UWMP during dry periods.

• Staff is evaluating if there are any additional water conservation

enhancements that can be made as part of the Project.

Next Steps

• WSA will be brought to the regular September Board meeting and is recommended for consent

• Upon Board approval of the WSA, the District will provide the WSA to the City of Union City

• City of Union City to draft EIR and include WSA; public review and comment

• A written verification of sufficient water supply may be needed for individual elements of the Project

ACWD CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS REVIEW 4Q FY 2020/21 June 30, 2021

Rubber Dam Nos. 1 & 3 Fish Ladders and Shinn Pond Fish Screens (Water Supply Reliability)

Rubber Dam No. 1 (RD1)/Alameda County Drop Structure Fishway (DS Fishway) and Rubber Dam No. 3 (RD3) Fish Ladders and the Shinn Pond Diversions and Fish Screens are the District’s remaining three major Fish Passage projects.

Design & Agreements On August 12, 2007, the Board authorized an agreement with the Alameda County Flood Control and Water Conservation District (County) to jointly complete the preliminary design for a single fish passage facility that would provide for fish passage past both the County-owned drop structure (also known as the “BART Weir”) and RD1 facilities. On July 12, 2012, the Board authorized the District to amend the existing agreement with the County to jointly complete the final design of the fish passage facility.

In March 2014, a decision was made to separate the RD1/DS Fishway and RD3 ladders into two separate construction projects, and the Board approved a third amendment to the design contract with GHD Consulting Engineers, Inc. (GHD) so that design work on the RD3 Fish Ladder could continue independent of the RD1/DS Fishway ladder design. In December 2014, staff received the 95% design submittal for the RD3 Fish Ladder. The 95% design documents were submitted to regulatory and permitting agencies in the spring of 2015. In May 2017, the Board approved a fifth amendment to the agreement with GHD to address additional design services required for the RD3 Fish Ladder, including incorporation of the replacement of the rubber dam fabric as part of the project. The procurement contract to purchase the replacement fabric for RD3 was advertised in spring 2017, and in June 2017, it was awarded to HTE Engineering, a joint venture of HydroTech Engineering LLC (HydroTech) and HTE Engineering, LLC. Draft and final technical memoranda for the design of the RD3 replacement fabric were received from HTE Engineering in August and October 2017, respectively. The 100% RD3 Fish Ladder design submittal was received in September 2017.

In July 2016, the Board approved a fourth amendment to the design contract with GHD and an associated Amendment No. 2 to the cost sharing agreement with the County, to address needed changes to the lower RD1/DS Fishway to accommodate changes to the adjacent and associated downstream County project. The 30% plans for the revised RD1/DS Fishway were received in July 2017. In November 2017, Amendment No. 3 to the agreement between the County and the District was authorized by both agencies’ governing boards to address completing the design of the RD1/DS Fishway Fish Ladder. Also in November, the District’s Board authorized a sixth amendment to GHD for final design services for the RD1/DS Fishway Fish Ladder and Shinn Pond Fish Screens. In December 2017, the Board authorized Contract Change Order No. 3, and on August 9, 2018, authorized Contract Change Order No. 4 to HydroTech for design-related scope for the Rubber Dam No. 1 fill/drain system. In February 2018, HydroTech submitted preliminary design documents for the fill/drain system followed by interim design submittals. GHD provided

CIP Projects Review Page 2 4Q FY 2020/21 90% construction documents submittal on May 4, 2018, and a 100% construction documents submittal on June 29, 2018. Both GHD and HydroTech submitted preliminary bid-ready documents for review on August 31, 2018, and final bid-ready documents on September 28, 2018. The District and the County worked jointly to develop Amendment No. 4 (executed in October 2018) to the existing agreement addressing long-term ownership, operations, and maintenance roles and responsibilities thus enabling the project to be advertised for construction. The procedure for documenting and determining the cost share amount for future maintenance work will be the subject of a future Agreement. Environmental Review The Initial Study/Mitigated Negative Declaration and Environmental Assessment in accordance with the California Environmental Quality Act (CEQA) and Finding of No Significant Impact in accordance with the National Environmental Policy Act (NEPA) (IS/MND – EA/FONSI) for the RD1 and RD3 Fish Ladders and the Shinn Pond Fish Screens was adopted by the boards of the District and the County on December 6, 2016. The California Environmental Quality Act (CEQA) Notice of Determination was posted in December 2016. Permitting As part of the 404 Permit process, the U.S. Army Corps of Engineers (USACE) consulted with the National Marine Fisheries Service (NMFS) which issued a Biological Opinion in October 2017 based upon the Biological Assessment developed by the District. The Section 404 Permit was then received from the USACE, together with the Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB) in November 2017. Following approval of the District’s Risk Assessment for the projects, the USACE Section 408 permission was received from USACE in October 2017. As the permitting was being finalized over the summer and fall of 2017, California Department of Fish and Wildlife (CDFW) informed the District that a 1600 operating permit would also be required for the fish passage project. This is a new requirement, and this permit has not been issued by CDFW in the past. In December 2017, staff worked with CDFW to develop a strategy to obtain this permit that will be required for the long-term operation of the facility. During 2018 and 2019, staff held internal discussions and discussions with CDFW regarding the terms of the CDFW operating permit. Finalizing the operating permit is subject to further discussions with CDFW. In October 2019, an amended streambed alteration agreement was received from CDFW, and a new 404 permit was received from USACE that allow for construction on the Shinn Pond Fish Screens to continue through the 2019-2020 winter months. Construction – RD3 Fishway In November 2017, the RD3 Fishway Construction and Fabric Replacement (RD3 Fishway) Project was advertised for construction and in February 2018, and 10 bids were received; the Board awarded construction to Syblon Reid, of Folsom, CA. Also, in February 2018, the Board

Figure 1: Rubber Dam No. 3 Construction

CIP Projects Review Page 3 4Q FY 2020/21 authorized an amendment to the professional services agreement (PSA) with LSA Associates for biological monitoring of the RD3 Fishway project. In March 2018, the Board authorized a PSA with AnchorCM for construction management services for the RD3 Fishway project. A groundbreaking for the RD3 Fishway construction, attended by stakeholders, members of the public, and elected officials, was held on April 23, 2018. Site mobilization occurred in May 2018, and construction continued through April 2019, when the project was substantially complete. The Board accepted the Rubber Dam No. 3 Fishway and Fabric Replacement project at the May 15, 2019, Board Workshop. Discussions with the rubber dam supplier, HTE Engineering joint venture, continued through June 2019 regarding completion of the procurement contract for the rubber dam bladder and associated hardware. While the bladder and hardware were furnished and the required field work has been completed, additional negotiation has been required related to certain costs and District back-charges, and some deliverables remained outstanding. These issues were ultimately resolved, and the Board accepted completion of this procurement contract at the January 9, 2020, Board Meeting. Flow test data was collected in May 2020 to validate the hydraulic calculations made during the design phase. In early 2021, the site PLC program was modified using this data to accurately measure fishway flow and automate gate operation. Construction – RD1 Fishway and Related Projects The construction of the RD1 Fishway, RD1 Control Building Modifications, and Shinn Pond Diversions and Fish Screens was advertised in October 2018, three bids were received, and the Board awarded the contract to Flatiron West, Inc. of Benicia, CA on January 10, 2019. Also at the January Board Meeting, following a competitive procurement process, the Board authorized an agreement for construction management services with AnchorCM. At the February 7, 2019, Board Meeting, the Board authorized an agreement amendment for construction phase services for GHD, Inc. and authorized an agreement with LSA, Inc. for environmental services to support this and other projects. The three-year construction period for the RD1 and Shinn projects commenced in April 2019. At the end of the second quarter of FY 2019/20, the contractor had removed and stored the RD1 bladder and had constructed portions of the guidewall, lower fishway, transition channel, plunge pool, and concrete sill downstream of the drop structure. Temporary diversion and access measures

Figure 2: Rubber Dam No. 3 Fishway Completed

Figure 3: Rubber Dam No. 1 Fishway Construction, June 2021

CIP Projects Review Page 4 4Q FY 2020/21 in the creek were removed. Also, as a new USACE 404 permit and CDFW 1600 amendment had been received, the contractor continued work on the Shinn Pond Fish Screens through the winter and into the spring of 2020. At the end of the fourth quarter of FY 2019/20, the contractor completed the Shinn Pond diversion outlet structure and portions of the diversion pipes; completed selective demolition of the RD1 Control Building; installed temporary creek construction site access ramps and water management measures; began site work and excavation for the middle and upper sections of the RD1 Fishway; and began work to continue the guidewall, lower fishway, transition channel, plunge pool, and concrete sill downstream of the drop structure. By the end of the first quarter of FY 2020/21 the contractor had installed the majority of the concrete for the fishway exterior walls and guide wall, and installed the sluice pipe and the majority of the auxiliary water piping. Installation of the Shinn Pond flow meter vault and diversion piping were also completed. At the end of the second quarter of FY 2020/21, the contractor had completed the lower fishway, transition channel, guidewall, sill, scour pool, middle and upper fishway exterior walls; installed the concrete for the fishway interior walls, drop structure, and energy dissipation blocks (dentates); removed temporary diversion and access measures from the creek; and began installation of mechanical, electrical, and instrumentation equipment. Installation of mechanical, electrical, and instrumentation equipment continued during the third quarter of FY 2020/21. By the end of the third quarter, installation of the flow control gates in the RD1 Fishway was complete. Installation of miscellaneous metals in the RD1 Fishway, Control Building and Shinn Flow Meter Vault was initiated; and the contractor received delivery of additional equipment (including the trash rake, flat plate fish screen cleaner, PIT tag reader, and flow meters) for installation in the following quarters. During the fourth quarter of FY 20/21 the contractor had re-entered the flood control channel, placed the fishway vertical slot walls, constructed part of the plunge pool downstream of the dam, and placed the concrete foundations for the Shinn Pond fish screen mechanical equipment. Grants and Grant Administration The District has been awarded $4,575,000 via three grants for construction of the RD3 Fishway. An additional grant of $5,358,075 was awarded for construction of the RD1 Fishway. In September 2018, an additional grant of $5,000,000 was awarded for construction of the RD1 Fishway and Shinn Pond Diversions and Fish Screens. In June 2020, an additional grant of $3,346,992 was awarded for construction of the RD1 Fishway and Shinn Pond Diversions and Fish Screens. Staff worked with the grant agencies to ensure the construction contracts and construction related activities meet the requirements for all of the grants. Additionally, staff is tracking and reporting to grantors as required.

Figure 3: Shinn Pond Fish Screens, June 2021

CIP Projects Review Page 5 4Q FY 2020/21 Board Updates An update on the status of the fish passage projects was presented to the Engineering and Information Technology Committee (E&IT Committee) on February 20, 2016, and to the full Board on July 14, 2016. Staff provided a project briefing to the E&IT Committee on February 16, 2017. The existing cooperative agreement with the County, together with past and proposed future amendments, was reviewed with the E&IT Committee on September 21, 2017. Project updates were provided to the Committee and to the full Board in November 2017. During the February 2018 Board Meeting, an update of the status of the fish passage projects was presented by staff and by representatives of the design consultant (GHD) and subconsultant (Michael Love and Associates, Inc.). Updates to the E&IT Committee regarding the status of the agreement with the County were provided on June 13 and September 12, 2018. An update regarding design was provided to the Committee on August 9, 2018. The Water Resources and Conservation Committee attended a Rubber Dam No. 3 Fishway site tour in October 2018, and the same committee received an update on other fish passage projects in December 2018. The E&IT Committee received an update on the status of the RD3 Fishway construction in December 2018. In January 2019, the E&IT Committee was provided an update on the services required during construction of the RD1 Fishway, RD1 Control Building Modifications, and Shinn Pond Diversions and Fish Screens Project. In February and March 2019, the E&IT Committee received updates on the status of construction of the RD3 Fishway. As previously mentioned, the Board accepted the Rubber Dam No. 3 Fishway and Fabric Replacement Project at the May 15, 2019, Board Workshop. An update on the status of the rubber dam bladder procurement contract was provided to the E&IT Committee in July 2019, and the project was accepted by the Board on January 9, 2020. In September 2019, the E&IT Committee Meeting was held at the RD1 Fishway construction site and an overview of ongoing construction activities was provided. The August 2020 WR&C Committee Meeting and September 2020 E&IT Committee Meeting were held at the RD1 Fishway construction site and an overview of ongoing construction activities was provided. The E&IT Committee received a project status update on June 16, 2021. FY 2020/21 Budget: $9,866,003 – RD1 Fish Ladder FY 2020/21 Budget: $2,240,309 – RD1 Dam Replacement FY 2020/21 Budget: $3,282,501 – Shinn Pond Fish Screens FY 2020/21 Budget: $52,240 – RD3 Fish Ladder FY 2020/21 Budget: $58,330 – RD3 Fabric Replacement FY 2020/21 Budget: $0 – RD2 Downstream Reach

Figure 5: E&IT Committee Tour, September 2019

CIP Projects Review Page 6 4Q FY 2020/21

Vallecitos Channel Evaluation and Restoration Project (Water Supply Reliability)

The unlined Vallecitos Channel was constructed in 1965 and is located in unincorporated Alameda County, east of Sunol. The District uses the channel to convey water from the California Department of Water Resources (DWR) South Bay Aqueduct (SBA) to Alameda Creek where it is diverted for groundwater recharge. Approximately 900 linear feet of the Vallecitos Channel bank and the adjacent access road have been eroded due to high velocity discharges and rapid flow recession associated with SBA flow releases, internal erosion or piping through subsurface voids, and tules growing in the channel bottom resulting in flow diversion and scour along the channel bank. A construction contract was awarded to ETIC Engineering on August 14, 2014, for repair of this area, “Project A.” Due to delays in the issuance of environmental permits, construction has not commenced at this site. However, to help control further damage, a temporary willow wall repair was placed at this location. The channel has a design capacity of 120 cfs, although its current capacity is significantly reduced. The cumulative impacts of storm events, South Bay Aqueduct operations, and vegetation growth in the channel have resulted in erosion of the channel banks, damage to the adjacent access road, sediment deposition, and reduction of the channel’s capacity to less than 30 cfs. To ensure the most cost-effective use of the District’s water sources, the channel would need to be restored to reliably transport a minimum of 40 cfs in the near term. On June 11, 2015, the Board awarded a contract to the Horizon Water and Environment (Horizon) consultant team to evaluate the channel to determine near term repair and maintenance needs to return the channel to its minimum required flow capacity, assist with the CEQA process and environmental permitting for those activities, and for development and evaluation of long-term alternatives to the channel. For overall project efficiencies, “Project A” will be rolled up into Horizon’s scope of work. ETIC’s contract for additional site repair was effectively cancelled at the October 2015 Board Meeting when the Board accepted completion of the project; ETIC’s work at Vallecitos Channel was therefore limited to the successful installation of the temporary willow wall. The Horizon consultant team performed topographic survey and field assessments of the channel in winter 2015-2016. From January through March 2016, the team identified 10 sites where repair to restore the bank and stabilize the road was warranted. The team also completed tasks including hydraulic modeling of the existing channel, conducting biological assessments of the channel to determine presence of special status species of plants and animals, a cultural resources survey of the channel, and preparation of a draft preliminary delineation of wetlands report and a draft biological assessment report. From April through June 2016, the consultant team provided a hydraulic modeling memorandum, a draft cultural resources report, and a concept-level design

Figure 6: Vallecitos Channel Condition

CIP Projects Review Page 7 4Q FY 2020/21 memo that recommended various repair methods for different types of channel damage. Also, in June 2016, District staff met with DWR Delta Field Division staff to introduce the Vallecitos Channel Project and begin a dialogue regarding the need for channel restoration and the potential for cost sharing. From July through September 2016, the consultant team prepared a draft repair cost memorandum and a channel alternatives memorandum that delineated costs associated with repairing the damaged areas of the channel or constructing alternates to the channel, such as a pipeline along the channel alignment, or a pipeline from a new turnout along a new alignment. Staff met with the E&IT Committee on October 20, 2016, to provide an update and review the alternatives. The consultant team updated their Channel Alternatives and Interim Maintenance Cost Estimate memoranda in the fall and winter of 2016, and staff recommended extensive revisions to both documents. Through the development and analyses of alternatives, it was determined that the short-term repair and long-term channel alternatives could be analyzed together in order to determine the most appropriate approach to meeting capacity needs at the lowest lifecycle cost. In November 2017, the consultant team delivered a memorandum that addressed both the short-term repair and long-term channel alternatives in an integrated manner. Staff and the consultant team visited the site in June, October, and December 2018 to characterize current channel conditions as a precursor to prioritizing channel repairs and to developing environmental and construction documents. In March 2019, Horizon provided a 30% design for channel repairs. Due to additional erosion during winter 2016-2017, the design is no longer based on the repair of 10 sites but rather six types of repairs applied in multiple areas along the length of the channel. Design of channel repairs continued while staff evaluated the long-term channel alternatives. In early 2019, District General Counsel evaluated various property-related issues associated with various repair scenarios that could inform selection of a repair alternative. Staff reported to the E&IT Committee in July 2019 that the District would engage a right-of-way consultant to assist with evaluating options related to the District’s easements and real property rights along Vallecitos Channel as alternate means of receiving SBA water are investigated. The services of right-of-way consultant Overland, Pacific and Cutler (OPC) were acquired, and OPC promptly contacted the owners of the properties, through which the Vallecitos Channel passes, to discover owners’ interests should the District consider other options for water conveyance and abandon the use of the open flow channel. Horizon’s alternatives analysis indicated that channel repair and an off-site pipeline had similar lifecycle costs. However, in March 2020, OPC reported that the majority of property owners would consider accepting a quitclaim only if the District restored the channel to its original condition first, which would greatly increase the cost of the off-site pipeline alternative that entails abandoning the channel. Further, the District has an immediate need to increase the currently limited capacity of the channel in order to convey adequate groundwater recharge required during a dry year. In order to implement temporary measures to restore minimum flow capacity, the Board authorized the first amendment to the Horizon agreement at the May 2020 Board meeting for Horizon to

CIP Projects Review Page 8 4Q FY 2020/21 provide 1) environmental permitting assistance; 2) biological surveys, including for special status species; 3) development of contracting documents; and 4) environmental compliance training and monitoring during the work that includes placement of an earthen berm and vegetation removal activities. The first interim measure, installation of a low earthen berm, was completed on June 3, 2020. The berm reduced the chance of flooding at 15 cfs channel flow. A second interim measure, vegetation management with no permanent environmental impact on the channel, was designed and bid in September 2020. The General Manager awarded the contract work to Westside Landscaping & Concrete (Westside), in the amount of $59,305.50, on September 24, 2020. A CDFW 1600 Streambed Alteration Agreement was applied for and received to support the vegetation management work. Additionally, a right of entry agreement was executed with an adjacent local landowner to support the vegetation management work. Westside commenced the vegetation management work in October 2020. The work was successfully completed, and the General Manager accepted completion of the project on November 9, 2020. The Board authorized a second amendment to the Horizon agreement at the June 2020 Board meeting for Horizon to complete the design and assist the District with permitting and construction of the channel repair project to restore the channel to full capacity, in addition to the Fall 2020 temporary measures. The Board adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program at the May 2021 Board Meeting. The construction contract was advertised in June and awarded to Teichert Construction at the July 2021 Board Meeting. Right of Entry agreements with three private property owners along Vallecitos Channel were also executed in June 2020. The 401 Certification was received from the Regional Water Quality Control Board on June 3, 2021, and Nationwide Permits 13 and 33 were authorized by the United States Army Corps of Engineers on June 30. An application was submitted to CDFW for a Streambed Alteration Agreement and the CDFW’s deadline for responding has passed, which allows the project to proceed following the measures described in the application. Therefore, at the time of writing, only the Incidental Take Permit from CDFW is pending of the required permits before construction will be allowed to begin and the project team already reviewed CDFW’s final draft. Finally, an agreement with Ohlone West Conservation Bank is in progress to purchase mitigation credits for impacts to California tiger salamander, Alameda whipsnake, and California red-legged frog. As requested by the Board during the June 2020 Board Meeting, a project to replace the channel with an offsite pipeline was programmed into the draft CIP for construction in a later year. FY 2020/21 Budget: $301,143 Distribution PLC Upgrade Program (Infrastructure Improvements) Facilities that support the District’s water supply, storage, and distribution systems, including water production wells, water storage facilities, booster and pressure-regulating stations, groundwater recharge facilities, and interconnections to other water utilities, are controlled and automated via the use of Programmable Logic Controllers (PLCs). The Distribution Programmable Logic Controller Upgrade program will replace more than 50 PLCs that support the District’s

CIP Projects Review Page 9 4Q FY 2020/21 water supply, storage, and distribution systems. The design and construction work to replace and program the PLC hardware will be programmatically implemented over multiple fiscal years. Under the program, facilities requiring PLC replacement are being grouped together such that multiple PLCs at several facility sites are included in each individual project. The design, construction, and programming work are selectively contracted out or performed in-house, depending on the unique circumstances at each of the facility sites. Contracts for PLC panel fabrication, construction, and programming are coordinated by staff. The first distribution system PLC replacement project, which included the replacement of the PLC equipment for the Vineyard Heights Booster Station, Canyon Heights Booster Station, Fremont Takeoff, and Central and Cherry Takeoff, was successfully completed in FY 2017/18. The second project was completed in FY 2018/19. The project scope included upgrade of the PLC equipment and programming for seven facilities, including the Whitfield Booster Stations (Zone 1A, Zone 1B, and Zone 2), Durham Takeoff, Warren Takeoff, Decoto Reservoir, and Vineyard Heights Tank. One change order, in the total amount of $16,865.27, was authorized by the General Manager for additional PLC panel equipment, field wiring, and conduit installations. The total construction cost, including Contract Change Order No.1, was $360,614.27. The Board accepted completion of the construction project on August 8, 2019. Design for the third project is currently underway. The third project includes the replacement of the PLC equipment for the Mayhew Reservoir, Rancho Higuera Booster Station, Scott Creek Booster Station, Washington Booster Station, Avalon Tank, FR-1 Regulator Station, FR-2/PR-2 Regulator Station, and PR-3 Regulator Station. Field investigation to as-built the existing PLC systems was completed in Q2 FY 2020/21, and preliminary design of the eight sites to receive PLC upgrades has commenced including development of the draft PLC panel fabrication and construction drawing set. An RFP to provide PLC programming was released on June 7, 2021, however, no proposals were received by the proposal due date, June 29, 2021. The scope of this work will now be included in the construction contract, and staff have commenced developing the associated specifications. Design for the eight sites is anticipated to be completed by the end of Q1 FY 2021/22. Project updates have been provided to the E&IT Committee, including on June 22, 2017; October 10, 2018; and June 19, 2019. FY 2020/21 Budget: $250,000

Figure 7: Typical Distribution PLC

CIP Projects Review Page 10 4Q FY 2020/21 Avalon Tank Hillside Slope Erosion Protection Project (Infrastructure Replacement) Avalon Tank is a key water storage facility and the only water tank serving the Avalon neighborhoods in Fremont. Periods of heavy rainfall frequently cause the cut-slope embankment behind the tank to erode and slough, resulting in clogging and damage to the on-site concrete drainage and irrigation systems and further weakening of the embankment. The Avalon Tank Site Slope Stability Improvement Project identified and evaluated alternatives for site slope stabilization and will ultimately include the design and implementation of repairs and slope stability measures at this key water storage facility. A PSA with Kleinfelder, Inc. (Kleinfelder) was authorized on October 8, 2015. Kleinfelder evaluated the existing geologic conditions, developed slope repair and stabilization options, and prepared a basis of design for a permanent slope repair. Kleinfelder completed their field testing of the soil nails in December 2015 and provided a final soil nail technical memorandum in March 2016. A project update was provided to the E&IT Committee on April 21, 2016. A final version of the Evaluation of Hillside Stability Improvement Measures technical memorandum that summarized alternative means of stabilizing the hillside was received in June 2016. Based on the anticipated cost of the permanent slope repair, the option of a long-term repair of the hillside was deferred in the District’s capital improvement program until FY 2020/21. Kleinfelder was asked to prepare engineered details for interim slope repairs. A draft summary report was provided in July 2016, and the final summary report was received in October 2016, which completed the scope of Kleinfelder’s work. Staff determined that an interim maintenance activity of installing geotextile fabric over sloughed areas to protect against additional erosion was the preferred alternative. Staff advertised the construction project to install fabric in June 2017, awarded in August 2017, and issued a Notice to Proceed in September 2017. The work was substantially complete by the end of September 2017. The project was accepted by the Board in December 2017. Maintenance of the installation occurred throughout the winter of FY 2017/18. The contractor continued to maintain the installation through the winter of FY 2018/19. The geotextile fabric installed in 2017 reached the end of its useful life following the winter of FY 2018/19. Subsequently, staff prepared contract documents to replace and improve the temporary stability improvements in FY 2019/20. This project scope included 1) removal, off-hauling, and legal disposal of eroded soil, existing geotextile fabric, and the anchorage system; 2) installation of a new protective geotextile fabric and anchorage system; and 3) provision of a warranty of the geotextile fabric and anchorage system for the next two winter seasons so that the hillside is protected until the permanent erosion control system can be designed and constructed. Staff advertised the project in July 2019, awarded August 2019, and issued a Notice to Proceed in September 2019. The work was completed at the end of September 2019. Warranty of the erosion control measures extends through the winter of FY 2020/21. The project to install long-term repairs of the hillside kicked off in the third quarter of FY 2019/20. The long-term repair solution will be based on the preferred alternative developed during the 2016 Kleinfelder assessment prescribing a soil nail wall with concrete facing on the eastern hillside.

CIP Projects Review Page 11 4Q FY 2020/21 Staff issued a Request for Proposals (RFP) for engineering services to support the design of the long-term repairs on February 21, 2020. One proposal was received on March 24, 2020, from Cal Engineering & Geology, Inc. of Walnut Creek, CA (Cal Engineering). An interdepartmental District team evaluated the proposal based upon established criteria including project understanding, project approach and proposed scope of work, company and personnel qualifications, project schedule, and level of effort through all project phases. Based upon a comprehensive evaluation of the proposal, Staff determined that Cal Engineering has the qualifications, staff, experience, and approach that meets the District’s needs to provide design services for this specialized geotechnical and structural engineering project. Subsequently, the Board authorized the execution of a PSA to Cal Engineering at the May 2020 Board meeting. The PSA scope of services consists of the following items: 1) preliminary and final design, which includes complex geotechnical and structural design work, 2) CEQA compliance and permitting support, and 3) engineering services during bidding and construction. The design work commenced in the fourth quarter of FY 2019/20. The project Basis of Design Report was developed by Cal Engineering, reviewed by staff, and completed in August 2020. After the review of the preliminary design, the interdepartmental District design team decided to include additional scope items proposed by both the District team and Cal Engineering. Additional erosion protection and maintenance features were added to the scope items, such as the inclusion of bulkhead walls above the concrete ditches in hillside areas left uncovered for additional protection and the inclusion of concrete stairs on the hillside to safely access the drainage ditches for future maintenance and fencing to enclose the hillside for goat weed abatement during the summers. A PSA amendment was executed by staff for the above additional design work, and evaluation of ground stability at the Vineyard Heights Tank site in October 2020, in the amount of $27,553. 65% design was completed in October 2020, and 90% design was completed in December 2020. Final design was received on July 22, 2021, including both the drawing and specification package. The construction project will be bid in August 2021, and a recommendation to award construction is planned for September 2021. The CEQA determination memorandum was developed by Cal Engineering’s subcontractor, Environmental Science Associates (ESA), and reviewed by staff. ESA conservatively prepared an Initial Study and Mitigated Negative Declaration (IS/MND) evaluation in accordance with CEQA requirements. The IS/MND was adopted by the Board at the March 11, 2021, Board Meeting. No additional permits are required for this project. A project overview was provided to the E&IT Committee on November 20, 2019, and a review of proposed design and construction support services was provided to the Committee on April 15, 2020. An update on the project status, and site tour of the Avalon Tank facility, was provided during the May 24, 2021, EIT Committee Meeting. FY 2020/21 Budget: $487,175

CIP Projects Review Page 12 4Q FY 2020/21 Alvarado-Niles Pipeline Seismic Improvement Project (Seismic Reliability) The District completed a distribution system seismic vulnerability assessment (SVA) in November 2008 to assess the District’s ability to supply water during and following a seismic event. Because critical, large-diameter “backbone” pipelines crossing liquefaction zones are potentially susceptible to failure during or following a major seismic event, the SVA recommended that such pipelines be seismically hardened to withstand the potential effects of liquefaction-induced ground deformation. The Alvarado-Niles Road transmission main is one of the primary means by which the District conveys water supply to Union City and the northern regions of the District’s service area. Composed of 24-, 16-, and 12-inch diameter steel and asbestos cement pipeline segments, the Alvarado-Niles Road transmission main is a critical component of the District’s water distribution system and its post-earthquake response strategy. A liquefaction susceptibility map developed as part of the SVA shows that various segments of the existing Alvarado-Niles Road transmission main traverse or are within close proximity to liquefaction-susceptible zones and may be at risk of failure during or following a major seismic event. The objective of the Alvarado-Niles Pipeline Seismic Improvement Project is to improve the District’s water distribution system seismic reliability by upgrading the Alvarado-Niles Pipeline to withstand liquefaction-induced ground deformations and other identified potential seismic hazards and to ensure that the District can provide critical post-earthquake response to Union City and the northern portions of its service area during and following a major seismic event. As “an essential pipeline required for post-earthquake response and recovery and intended to remain functional and operational during and a following a design earthquake,” the upgraded Alvarado-Niles Pipeline (sometime referred to as the “Spine Main”) will be designed as a Functional Class IV pipeline, as defined by the American Lifelines Alliance, Seismic Guidelines for Water Pipes 2005 (ALA). The upgrade will extend over approximately 3.5 miles, beginning from the intersection of Alvarado-Niles Road and Decoto Road, to the western extents of Union City at the intersection of Union City Boulevard and Smith Street. The District has retained the services of consultants and contractors to perform survey work, environmental compliance, geotechnical explorations and testing, specialized seismic pipeline design services, and underground utility location and measurement.

Figure 8: Alvarado-Niles Pipeline Phase I Construction

CIP Projects Review Page 13 4Q FY 2020/21 On January 12, 2017, the Board authorized a PSA amendment with SANDIS for project-related surveying services, and on February 9, 2017, authorized a PSA with GEI Consultants to assess the liquefiable zones and other geohazards along the proposed alignment and develop geotechnical design parameters. On February 9, 2017, the Board also authorized a PSA amendment with LSA Associates for environmental services associated with the project; the Final Initial Study/Mitigated Negative Declaration was adopted by the Board on September 13, 2018. On April 11, 2017, the Board awarded a contract to Clean Harbors Environmental Services for underground utility locating and authorized a PSA with G&E Engineering Systems, Inc. for specialized seismic pipeline design services. The project is being designed and constructed in two phases. The first phase includes the installation of new pipeline along Smith Street and Alvarado-Niles Road, between Union City Boulevard and Central Avenue, excluding the portion within the Caltrans right-of-way at the Interstate 880 interchange. The second phase includes the segment along Alvarado-Niles Road, between Central Avenue and Decoto Road, and the portion within the Caltrans right-of-way. On September 13, 2018, the Board authorized a PSA with BKF Engineers to provide design support services for Phase II of the project. On December 13, 2018, the Board authorized a PSA with 4LEAF, Inc. for construction inspection services for Phase I. Lastly, an amendment to BKF’s agreement was executed in June 2019 to provide design peer review and to design cathodic protection for Phase I. With Phase I design complete, BKF initiated Phase II design services in January 2020. BKF continued Phase II design through the end of FY 2019/20. In support of Phase II design, on May 14, 2020, the Board authorized a fifth amendment for GEI Consultants to perform additional geotechnical analysis in support of the design. In July 2020, the 65% Phase II design was completed and circulated for stakeholder review. The project schedule has been impacted by several factors including staff turnover, the complex seismic considerations required at creek crossings and major utility crossings, and additional agency coordination with Caltrans and the City of Union City. Design revisions were required to avoid sensitive environments and to address permit conditions. A project overview was provided to the E&IT Committee on January 19, 2017. Subsequent project updates were also provided to the E&IT Committee on January 10, 2018; August 8, 2018; November 14, 2018; May 14, 2019; January 15, 2020; November 18, 2020, and; June 16, 2021. At the October 23, 2018, Union City Council meeting, District staff provided an informational presentation which included a recommendation for modified working hours associated with the project. In March 2019, the 60% design was circulated for review. Follow-up with the City of Union City indicated that proposed project working hours were accepted by staff. The project was expedited to complete 90% and 100% design reviews by November 2019. The project was advertised for construction in December 2019. Three bids were received, and at the February 11, 2020, Board meeting, the Board awarded the project to Garney Pacific for $11,316,775, which excludes contingent items of work that may be added by change order. The Notice to Proceed was issued to the contractor on March 27, 2020. In May 2020, the contractor began potholing for utilities along the project alignment. Staff turnover created a need for additional assistance

CIP Projects Review Page 14 4Q FY 2020/21 managing the project construction. The Board authorized an amendment to 4LEAF, Inc., to provide construction management services, at the June 11, 2020, Board Meeting. On June 25, 2020, the District hosted a virtual public informational outreach webinar event that explained the project. On June 29, 2020, the contractor initiated the main pipeline construction. On October 8, 2020, the Board authorized Contract Change Order No. 3 for scope changes that mainly addressed conditions discovered in the field. In June 2021, the Board authorized Contract Change Order Nos. 5 and 6 to address changes and authorizations associated with a request from the City of Union City to have the District’s contractor to perform additional paving in the work area on the behalf of the City, and to address unforeseen conditions related to restoration paving. In April 2021, the Board authorized professional service agreement amendments for 4LEAF, Inc. for ongoing construction support and for LSA Associates for Phase 2 permitting support. As of the end of the fourth quarter of FY 2020/21 the new pipeline and appurtenances were in service and much of the restoration work was also completed. FY 2020/21 Budget: $11,791.786 Kaiser Pond Diversion Pipe Improvement Project (Water Supply Reliability) An embankment proximate to the Hayward Fault segregates the Kaiser Pond into two groundwater recharge ponds, one of which recharges the Above Hayward Fault (AHF) aquifer, the other which recharges the Below Hayward Fault (BHF) aquifer. A 30-inch corrugated metal pipe, constructed in 1971, connected the two ponds. A portion of the pipeline on the BHF embankment face of the levee has corroded and failed, resulting in erosion of the bank and lack of an adequate interconnection between the two ponds. The Kaiser Pond Diversion Pipe Improvement Project will restore the hydraulic connectivity of the ponds via a replacement diversion structure in the levee. Staff met with the E&IT Committee on October 20, 2016, to brief the Committee on the project. On November 10, 2016, the Board authorized a PSA amendment with Kleinfelder, and a PSA with LSA Associates, for this project. In December 2016, Kleinfelder delivered a draft alternatives memorandum that provided an engineering evaluation of rehabilitation alternatives. Based upon a comprehensive analysis of alternatives, staff selected a buried concrete box culvert as the tentatively preferred alternative and presented the analysis and tentative alternative at an interagency meeting attended by USACE, CDFW, and the RWQCB, after which the agencies asked for additional information. Staff forwarded additional information via a memorandum, hosted a conference call with the agency representatives to review the additional information, and obtained agency concurrence with the proposed approach. The tentative alternative was presented to the E&IT Committee in May 2017 and to the full Board in June 2017. Based upon input provided by the Board, staff and consultants moved forward with the design of the preferred alternative. Staff provided a design update to the E&IT Committee on November 16, 2017. In early 2018, LSA Associates developed permit applications for the CDFW 1600 Lake and Streambed Alteration Agreement, the USACE 404 permit, and the RWQCB 401 permit. The mitigation plan was developed and forwarded to the regulatory agencies for review. A draft CEQA Initial Study/Mitigated Negative Declaration document was developed, reviewed, circulated in

CIP Projects Review Page 15 4Q FY 2020/21 June and July 2018, and adopted by the Board on September 13, 2018. A project update was provided to the E&IT Committee on September 12, 2018. Permit applications were submitted to the regulatory agencies in November 2018, and the CDFW 1600 permit was received in March 2019. The Army Corps 404 was received in August 2019. Due to the timing of the 404 permit, and the remaining need for the 401 permit, project construction was deferred. Feedback from the RWQCB during the fourth quarter of FY 2018/19 was incorporated into the design documents and permit applications, and applications for the RWQCB 401 permit and the CDFW 1600 permit were resubmitted. Staff continues to work with Union Pacific Railroad (UPRR) for construction traffic access through UPRR railroad property. In Spring 2020, the 401 permit and permission to access the project site through UPRR property had not been received, and project construction was deferred to 2024 during CIP reprioritization. In Summer 2020, the District submitted a drought resiliency grant proposal to the Bureau of Reclamation which was not accepted. As grant opportunities arise, they will be evaluated for fit with this project. In January 2021, the RWQCB indicated that it would approve the 401 permit, the last remaining permit to be obtained. The project schedule is being evaluated in light of the future expiration date of the received permits and the possible need to reapply for permits. The District continues to evaluate construction access through UPRR property. FY 2020/21 Budget: $0 Advanced Metering Infrastructure Project (Infrastructure Improvements) The objective of the Advanced Metering Infrastructure (AMI) Project is to implement and integrate a comprehensive AMI solution throughout the District’s service area, including addressing the District’s business needs through the integration of the new infrastructure and technology with existing and/or improved business processes. The scope of work is expected to include the following: 1) replacement and/or upgrade of approximately 84,000 water meters for compatibility with AMI; 2) implementation of a communications network (cellular and/or fixed network) for the transmittal of data between AMI-compatible water meters and the District’s information technology infrastructure; 3) upgraded information technology systems, including a Meter Data Management System (MDMS) for the collection, storage, management, and utilization of AMI data; 4) integration of the AMI system with the District’s existing customer information system (Cayenta), and; 5) development of additional business enhancements that can be leveraged through AMI. The project is designed to be implemented in three phases over five fiscal years. Phase 1, which commenced during FY 2017/18, consisted of identifying the District’s business needs and drivers, developing AMI system alternatives for evaluation, and commencing a preliminary design for the

CIP Projects Review Page 16 4Q FY 2020/21 system. Phase 2, which commenced in the second half of FY 2018/19, will include a competitive procurement process and a “Proof of Concept” (PoC) demonstration of the selected AMI technology. The PoC will include the installation of the selected AMI system across a subset of the District’s service area (approximately 3,500 meters). The intent of the PoC is to confirm the viability of the selected AMI system, and assist the District in identifying and troubleshooting operational issues prior to full deployment. Lastly, Phase 3 will deploy the selected AMI system throughout the remainder of the District’s service area. Phase 3 is expected to be implemented over a period of three fiscal years, starting in FY 2020/21 due to extended procurement negotiations. Full deployment of AMI throughout the District’s service area is currently anticipated to be completed during FY 2022/23. On January 11, 2018, the Board authorized the award of an agreement with EMA, Inc. (EMA) for AMI consulting services in support of the project. On April 11, 2017, the Board also authorized a PSA amendment with EMA for a meter field survey to better characterize the District’s water meter inventory. During Phase 1 of the project, EMA assisted the District in assessing its current and future business practices and developing specific criteria and functional requirements for the District’s AMI system. On January 10, 2019, the project entered Phase 2A when the Board authorized a PSA amendment to EMA for procurement support services. Phase 2A was completed by the award of the AMI Deployment contract, AMI SaaS/NaaS contract, CIS modifications contract, and Customer Portal SaaS contract. On May 21, 2020, the project entered Phase 2B when the Board authorized a PSA amendment to EMA for PoC and Full Deployment support services. A project overview was provided to the E&IT Committee on July 20, 2017. Subsequent project updates were also provided to the Board on May 22, 2018 (Board Workshop), October 11, 2018 (Board Meeting), December 6, 2018 (Board Workshop), April 9, 2019 (Board Meeting), and May 30, 2019 (Board Workshop); the E&IT Committee on November 16, 2017, January 10, 2018, March 14, 2018, April 11, 2018, July 11, 2018, August 8, 2018, September 12, 2018, October 10, 2018, March 20, 2019, May 14, 2019, September 18, 2019, October 16, 2019, and November 20, 2019; the Legal, Intergovernmental, and Community Affairs Committee on June 21, 2018, and September 20, 2018; and the Water Resources and Conservation Committee on August 22, 2018. The consultant, EMA, under the direction of the District project team, completed development of the preliminary draft RFP for the AMI Deployment which was provided to the full Board for review. Following the review, the Board authorized the General Manager to release the RFP at the regular July Board Meeting. The AMI Deployment RFP was advertised on July 31, 2019, and a Pre-Proposal conference was held on August 15, 2019. Four proposals were received on September 30, 2019. Following a comprehensive evaluation of responsive proposals, using the process and methods detailed in the AMI Deployment RFP, the District’s evaluation team determined that Badger Meter, Inc. (Badger) of Milwaukee, Wisconsin, submitted the best-value proposal. The scope of Badger’s work includes, but is not limited to, 1) design and provision of an encrypted AMI network; 2) provision of AMI equipment; 3) provision of metering products; 4) construction work to upgrade all District customer meters to AMI; 5) integration of AMI software with existing and District-furnished software platforms and applications; 6) public outreach support services; 7) testing and commissioning services; and 8) provision of ongoing support

CIP Projects Review Page 17 4Q FY 2020/21 services for AMI software and the AMI network. Staff performed a Best and Final Offer (BAFO) negotiation of the proposed scope of work and level of effort with Badger for both the AMI deployment contract and ongoing Software as a Service (SaaS) and Network as a Service (NaaS) services contract. The Board awarded the AMI Deployment Contract and 20-year SaaS/NaaS services contract at the May 21, 2020, Special Board Meeting. Project start-up, deployment planning, and software integrations were completed during Q1, Q2, and Q3 of FY 2020/21. A Virtual Informational Community Meeting was provided for District customers on March 11, 2021, and focused on the PoC deployments. The PoC meter deployments commenced in late March 2021, and at the time of writing, 3,171 of the 3,337 PoC meters have been deployed. Staff provided a report on the PoC deployment at the June 24, 2021, Board Workshop. Contract Change Orders (CCO) No. 1 to the Badger AMI deployment contract to incorporate ultrasonic meters into the project was authorized by the Board on July 9, 2020, in the amount of $3,031,208.29. Two additional no-cost CCOs have been executed with Badger. CCO No. 2 clarifies bonding requirements and alternatives during the extended warranty period and the transition from a Performance Bond to a Warranty Maintenance Bond. CCO No. 3 provides for the negotiated substitution of the installation subcontractor who will be installing AMI meters, endpoints, and related appurtenances in the field. PMI, Inc. (PMI) will be substituted for Concord Utility Services who requested to be released from the contract for this work. PMI was the proposed subcontractor for other AMI system providers and was evaluated highly by the District’s review team. This CCO requires PMI to assume all of the associated scope and obligations, and Badger remains responsible to ensure the work is conducted in accordance with the contract. CCO No. 4 adds scope to the deployment contract requiring the meter installers to survey and collect customer service line material information, while performing their upgrades at each meter location, per United States Environmental Protection Agency’s (USEPA’s) proposed revisions to the Lead and Copper Rule. CCO No. 4 was awarded at the June 2021 Board Meeting in the amount of $494,500. EMA, under the direction of the District project team, additionally completed development of an AMI Customer Portal Software RFP, which will provide the customer-facing interface for consumption data, beneficial customer analytics related to water usage and efficiency, and customer self-help services. The RFP was advertised on October 7, 2019, and a Pre-Proposal conference was held on October 16, 2019. Six proposals were received on October 31, 2019, and were evaluated by staff. Each proposal meeting the mandatory requirements was evaluated by the project evaluation team to determine the best value proposal using technical and financial criteria established in the Customer Portal RFP. Based on a comprehensive evaluation of the proposals and proposer demonstrations, Smart Energy Systems Inc., dba Smart Energy Water (SEW), was determined to have the best value solution, qualifications, staff, and proposed approach to best meet the District’s needs. SEW’s scope of work includes provision of their Smart Customer Mobile (SCM) web and mobile platforms and Smart IQ (SiQ) consumption data analytics package which will be provided by SEW via cloud-hosted SaaS subscription. Additionally, SEW’s scope of work includes provision of professional services to configure the new customer portal software platform, and design, develop, and test the necessary data security functions and data integrations. Staff performed a Best and Final Offer (BAFO) negotiation of the proposed scope of work and

CIP Projects Review Page 18 4Q FY 2020/21 level of effort with SEW for the Customer Portal Software as a Service (SaaS) services agreement. The Board awarded the Customer Portal SaaS Agreement to SEW at the June 8, 2020, special Board Meeting to provide the District’s “My Smart Water Connect” portal. Project start-up, planning, and platform configuration design commenced in Q1 of FY 2020/21 and will be ongoing for Q2 of FY 2020/21. SEW completed the draft platform Document of Understanding (DoU) in September 2020. The final outstanding item in the draft DoU includes confirmation of integration needs with Badger, Cayenta & InvoiceCloud. Confirmation with Cayenta and Badger was achieved, and integration design has commenced; however, the integration with InvoiceCloud has required additional review to coordinate and resolve contractual issues in the District’s contract with InvoiceCloud. Pending this final item, the DoU is currently planned to be finalized in May 2021. Cayenta has continued to prioritize integrations with Badger and the installation contractor’s Work Order Management System. Focus on the integration between SEW and Cayenta remains on the critical path for the customer portal go-live. The customer portal platform is anticipated to go-live in Q2 FY 2021/22. To successfully implement the project integrations between the District’s existing Cayenta Customer Information System (CIS) and the District’s new AMI system, software is required as well as modifications to the CIS to support the deployment of the AMI system. Integrations and modifications to the CIS system will be completed in several phases. The initial phase was awarded to Cayenta on December 12, 2019, to perform initial design, documentation, planning, and scheduling work. This initial work has been completed, and an amendment to perform the second phase of work was approved at the October 2020 Board Meeting. The development and testing of the integrations and CIS configuration changes to support the AMI Deployment work were completed prior to the commencement of the AMI PoC deployment in March of 2021. Cayenta will continue to develop and implement additional integrations included in the amendment work with Badger and SEW through Q4 FY 2020/21. An application in the amount of $19.5M for the Drinking Water and Clean Water State Revolving Fund (SRF) program has been developed by the project Team and submitted to the State Water Resources Control Board for review. The Board adopted four resolutions related to the application for financial assistance and reimbursement from the program at the May 21, 2020, special Board Meeting. The DWSRF application has been accepted for consideration in the 2021 funding year. Staff continue to coordinate the funding requirements and requests for documentation from the DWSRF program, most recently reviewing the funding agreement in coordination the District’s general and bond counsel. An application to the US Bureau of Reclamation (USBR) for the Water and Energy Efficiency Grant program for the AMI Full Deployment phase was submitted for consideration. The application amount was for $2M and the application was accepted. Staff are currently working with USBR to finalize the needed documentation for award. The grant is anticipated to be awarded on September 30, 2021. FY 2020/21 Budget: $5,000,000

CIP Projects Review Page 19 4Q FY 2020/21 Driscoll Road Main Renewal Project (Infrastructure Improvements) The Driscoll Road Main Renewal Project is part of the Water Main Renewal Program and will replace the existing 12-inch diameter water main on Driscoll Road and a portion of the main on Paseo Padre Parkway. In September 2017, the Board authorized a PSA amendment to BKF Engineers for a topographic survey that was performed in winter 2017/2018. In January 2018, the Board authorized a PSA with LSA Associates for preparation of a CEQA document. Staff continued design of this replacement project through June 2019. A project update was provided to the E&IT Committee on May 14, 2019, and July 17, 2019. A draft 30% basis of design memorandum and 30% design drawings were completed by staff in June 2019. The project team identified several design complexities and permitting challenges associated with this project. Due to resource limitations and special expertise requirements, staff proposed to lead the external agency coordination, permitting, and CEQA effort while using consultant support for the final design and drafting effort. A request for proposal was circulated, and in September 2019, the Board authorized execution of a PSA with West Yost Associates for design services. Design continued through March 2020. In support of the Driscoll project, a construction contract for utility locating in support of the design of this and other pipeline projects was advertised in the fall of 2019. Following receipt of bids that were much higher than anticipated, the utility locating project was revised to reduce the number of utilities locating excavations, or “potholes,” and the project was expanded to include support for the Main Renewal – Central Newark Thornton Avenue Project in addition to Driscoll. The Board awarded the potholing contract to Devaney Engineering, Inc. at the January 9, 2020, Board meeting. The potholing work for the Driscoll Road Project was completed in the Spring of 2020. The 65% design documents were completed and reviewed by the District project Team in June 2020. A draft CEQA IS/MND was circulated for public review on June 19, 2020. One comment letter was received during the 30-day public comment period from the Community Development Department at the City of Fremont. The project design was placed on hold in August 2020 due to the City of Fremont’s request to remove the existing asbestos cement pipe. Following feedback from the City of Fremont that allowed the existing asbestos cement pipe to be removed from service in place, staff re-initiated design and recirculated the draft CEQA IS/MND in December 2020, that incorporated minor project changes including night work. The 90% design documents were completed in December 2020 and are being reviewed by staff and jurisdictional entities. The Board adopted the CEQA IS/MND on March 11, 2021. Design was placed on hold as the City of Fremont requested that the District remove pipelines from the ground once they are removed from service. The District is currently in discussions with the City of Fremont over this issue. FY 2020/21 Budget: $3,000,000 Main Renewal - Central Newark Thornton Avenue Project (Infrastructure Improvements) The Central Newark Thornton Avenue Project is part of the Main Renewal Program and will replace up to 5,200 feet of 6-inch to 12-inch diameter asbestos cement pipeline on Thornton Avenue between Cedar Boulevard and Cherry Street. The project was originally scoped to continue on Cedar Boulevard, Timber Street, Central Avenue, and Cherry Street. Birch Street,

CIP Projects Review Page 20 4Q FY 2020/21 Newark Boulevard, and Civic Terrace Avenue were also part of the original scope but were deferred in coordination with City of Newark’s City Hall and tract street improvements. These pipelines are now part of the Main Renewal – Newark Central Avenue Project which will commence after completion of this project. The Board previously authorized PSA amendments in March 2018 and September 2018 to BKF Engineers for topographic surveys needed to complete the design of the original project. In August 2018, the Board also authorized a PSA amendment with LSA Associates for the preparation of CEQA documentation for the original project. However, with the redefined scope and project area, the project qualified for CEQA Categorical Exemption. The Board adopted a resolution finding the project categorically exempt on October 10, 2019. The 30% design documents, which include a Basis of Design Memorandum and preliminary alignment drawings, were completed and distributed for review by the project Team in December 2019. The 65% design documents were completed in May 2020 and reviewed by the District project Team. The 65% documents were submitted to the City of Newark and the Alameda County Fire Marshall for review, and comments were received in first and second quarter of FY 2020/21, respectively. A potholing contract to provide precise location information of existing utilities along the project alignment and support the development of the project designs and other Main Renewal Program projects was awarded at the January 2020 Board Meeting. The potholing work for the Central Newark Thornton Project was scheduled to commence in May 2020; however, it was delayed two months due to restrictions implemented in Alameda County Order 20-10. The potholing work was completed in late Q1 FY 2020/21. The potholing contract was accepted for completion at the November 2020 Board Meeting. Work on the 90% design is underway and target completion of 90% design is Q3 FY 2020/21. The Central Newark Thornton Avenue Project final design is expected to be completed in Q2 of FY 2021/22 with construction to commence in spring of 2022. A project overview was provided to the E&IT Committee on February 14, 2018. A subsequent project update was also provided to the E&IT Committee on August 8, 2018, May 14, 2019, and September 18, 2019. FY 2020/21 Budget: $2,458,375 Small Diameter Main Renewal Program (Infrastructure Improvements) The Small Diameter Main Renewal Program is part of the Water Main Renewal Program. The program consists of the design and construction of the renewal of small diameter (typically 8-inch diameter and less) mains. This program targets older asbestos cement pipes that have experienced leaks and avoids design complications such as arterial streets, railroads, creek crossings, faults, and liquefaction zones. These small-diameter renewals are intended to supplement the large diameter main renewals that tend to be more complex to design and construct and will help meet

CIP Projects Review Page 21 4Q FY 2020/21 the District’s overall goals for main renewal by reducing the District’s inventory of aging asbestos cement pipelines. The program will be implemented in phases, with construction projects being let for specific areas of the water distribution system. On July 6, 2018, an RFP was issued for engineering services for the design of the initial project areas which include approximately 34 water mains in nine different geographic areas of the water distribution system. At the September 13, 2018, Board Meeting, the Board authorized the General Manager to execute an agreement with AECOM to complete the design work. A program kickoff meeting was held at the end of September 2018. Staff and the consultant met with stakeholders (the Cities of Fremont, Newark, and Union City) regarding requirements for the project. Field survey work has been completed, and underground utility locating is ongoing. Aspects of the program were reviewed with the E&IT Committee as part of an update on the Main Renewal Program on August 8, 2018, and an update was provided to the Committee on May 14, 2019. The project areas in two program areas within the City of Newark were included in the Main Renewal – Souza Avenue and Concord Street Project and this project was approved and found exempt from CEQA by the Board in August 2019. In September 2019, the 90% design for the Newark work was completed, and in December 2019, the Newark work was advertised for construction. At the February 2020 Board Meeting, the Board rejected all bids due to irregularities. The project was re-advertised in March 2020 and was awarded to Teichert Construction in the amount of $3,213,124 at the May 14, 2020, Board Meeting. The Notice to Proceed for the Main Renewal – Souza Avenue and Concord Street was issued on June 24, 2020. At the end of September 2020, the contractor mobilized to commence field activities. An update on the construction progress was provided at the February 17, 2021, EIT Committee Meeting. On September 9, 2020, the Board authorized Contract Change Order No. 1 to perform emergency repair work on an 18-inch water main at the intersection of Mowry and Peralta Avenue. On January 14, 2021, the Board authorized Contract Change Order No. 2 to performed to address multiple utility conflicts. Staff awarded CCO3 in the amount of $96,441.25 to address a backfill material change request and additional unanticipated existing utility conflicts. On May 13, 2021, the Board authorized Contract Change Order No. 4 to perform trench dewatering work required to install the new alignment in an area of unanticipated shallow ground water. At the time of writing, approximately 65% of the planned pipeline renewal is complete. Design of the remaining Small Diameter Main Renewal Program sites in Fremont was placed on hold as the City of Fremont is reviewing enforcing City ordinances related to removing retired pipes from the ground. Design of the Union City sites and one site in Newark has been on hold since May 2020 while scope and design changes were contemplated. Professional Services Agreement Amendment No. 2 was prepared to address the need to add design drawings to construction bid sets and complete design of the sites in Union City and one site in Newark. During this time, the District and the City of Newark prepared a Cooperative Agreement to coordinate design and construction of water main infrastructure within the limits of the City of Newark

CIP Projects Review Page 22 4Q FY 2020/21 Lindsay Tract Improvements Project. Four sites originally included in AECOM’s Small Diameter Pipeline Project were removed from AECOM’s scope of work and added to Lindsay Tract Project. Professional Services Agreement Amendment No. 2 was executed in February 2021 and design of the sites in Union City and Newark resumed. AECOM prepared 90% design for Union City and Newark. FY 2020/21 Budget: $2,400,000 CIP Engineering Report (Other) The Capital Improvement Program (CIP) Engineering Report (Report) identifies capital projects based on the recommendations in the current Integrated Resources Planning Study, supply and demand forecasts, and the District's planning criteria for water production, pump stations, storage facilities, transmission mains, and groundwater recharge facilities. The Report is typically updated on an approximately ten-year basis. The Report provides medium-term planning for the CIP and is an important tool used to establish project priorities, capacities and functionality, and scope, which become the basis of items programmed into the CIP. It is reliant on engineering analyses that utilize the District’s hydraulic model, a computer software program that mathematically models the operation of the District’s water production, distribution, and storage systems. The hydraulic model last used for the Report, sometimes referred to as the “skeletonized model” because it models only larger distribution pipes, is being supplanted by a newer “all-pipes” model that will more accurately represent District operations and infrastructure. Prior to use in support of the Report, the “all-pipes” model required calibration. On July 7, 2018, an RFP was issued for consultant assistance in calibrating the model, and on September 13, 2018, the Board authorized the General Manager to execute a PSA with West Yost Associates for engineering services associated with model calibration. A description of the hydraulic model calibration process was provided to the E&IT Committee on September 12, 2018. In May 2019, the consultant delivered the updated model, and in June 2019, the steady-state calibrated model was delivered. In June 2019, the consultant performed field measurements in support of the “extended-period calibration” model. The hydraulic modeling analysis required to support the CIP Engineering Report commenced. A series of interdepartmental workshops were conducted to review the regulatory criteria and the District’s Level of Service (LOS) criteria for planning and operation of the District’s production, storage, and distribution facilities. The final hydraulic modeling development report and the Modeler’s notebook were delivered, and the modeling training was completed in March 2021. FY 2020/21 Budget: $150,000 Curtner Road Booster Station Project (Infrastructure Improvements) The Curtner Road Booster Station was constructed in the mid-1980’s in two phases within the existing Alameda Reservoir valve vault structure and is a key source of pumping from Zone 1 into Zone 3. The primary booster station equipment is near the end of its useful life and its

CIP Projects Review Page 23 4Q FY 2020/21 maintainability is limited. An engineering study to develop options and feasibility for booster station upgrade was initiated in July 2018. The results of the study were used to program necessary improvements into the CIP. An internal team reviewed the alternatives developed, and during the CIP budgeting process and via internal team meetings, the scope of the project was further defined to include replacement and upgrade of the existing equipment within the existing structure envelope unless deemed infeasible during detailed design. Analysis associated with the next cycle of the Engineering Report will help to confirm boosting requirements to Zone 3 and evaluate options for achieving any needed additional capacity via subsequent projects. In September 2019, an RFP for design services for Curtner Road Booster Station and the Canyon Heights Booster Station projects was circulated, and the Board authorized execution of a PSA with Schaaf & Wheeler Consulting Civil Engineers for these services. Design of the station upgrade was started in conjunction with that of the Canyon Heights Booster Station. A kickoff meeting with the consultant for both projects was held in December 2019. A draft scoping memorandum was developed, and a draft Basis of Design Memorandum was provided on May 22, 2020. Stakeholder feedback resulted in a change to the scope to expand the upper level of the station shell to allow for future maintenance of the pumping equipment. It was reflected in the final Basis of Design Memorandum which was completed on November 9, 2020. The design schedule was extended as a result, with the 75% set submitted on January 1, 2021, and the 90% set submitted on April 16, 2021. An update to the E&IT committee was provided on June 16, 2021. The Draft IS/MND was circulated in June 2021. Staff is evaluating comments received from the Regional Water Quality Control Board (RWQCB) and City of Fremont. The California Department of Fish and Wildlife (CDFW), in its review of the Lake and Streambed Alternation Agreement (LSAA) permit application, concurred with the RWQCB. Staff is responding to the CEQA comments. Construction will be delayed from the original schedule. The station shell expansion is scheduled for Summer 2022, and the work requiring that the station be taken out of service is planned to occur in Winter 2022/23. FY 2020/21 Budget: $407,369 Canyon Heights Booster Station Upgrade and Replacement (Infrastructure Improvements) The Canyon Heights Booster Station is a critical facility for meeting the water supply and fire flow demands in the upper pressure zones of the Canyon Heights area. The Canyon Heights Booster Station Upgrade and Replacement Project includes relocation and replacement of the existing motor control center, main circuit breaker, and PG&E meter; relocation of existing UPS and PLC panels to a new motor control center; performing a feasibility evaluation of installing access hatches for the pumps on the concrete ceiling of the booster station, and; installation of miscellaneous electrical and instrumentation cables to support a new motor control center. Design will be performed in conjunction with that of the Curtner Road Booster Station upgrades, by the same consultant, and will include a consultant-led scoping phase.

CIP Projects Review Page 24 4Q FY 2020/21 In September 2019, an RFP for design services for the Curtner Road Booster Station and the Canyon Heights Booster Station Projects was circulated, and the Board authorized execution of a PSA with Schaaf & Wheeler Consulting Civil Engineers (Schaaf & Wheeler) for these services. A kickoff meeting with the consultant, to commence the design work for both projects, was held in December 2019. Schaaf & Wheeler’s subconsultant, TJC and Associates, Inc. (TJC), completed a draft Basis of Design (BoD) Memo along with 30% design drawings and submitted them to the District for review. The District’s internal project team conducted a BoD Memo review workshop on March 9, 2020, and comments were incorporated into the final BoD report. On March 20, 2020, a site visit was conducted with PG&E, Schaaf & Wheeler, TJC, and the District’s project engineer to inspect the facility, document existing conditions, and review potential site layouts. Schaaf & Wheeler’s subconsultant, Kier &Wright, completed a boundary survey in Q3 FY 2019/20 to support the design. The project team reviewed the 65% design submittal in June 2020, 90% design submittal in July 2020, and 100% design submittal in August 2020. The design was completed and advertised late in the first quarter of FY 2020/21. The project was advertised for construction in August 2020. Staff reviewed the project with E&IT committee on August 19, 2020. On September 14, 2020, three bids were received and publicly opened. At the October 8, 2020, regular Board meeting, the Board awarded the project to Valentine Corporation for $907,369, which excludes contingent items of work that may be added by change order. The Notice to Proceed was issued to the contractor on October 29, 2020. On December 1, 2020, the District hosted a virtual public informational outreach event that explained the project. Installation and commissioning of the temporary improvements to accommodate the planned extended outage of the booster station was completed in early March 2021. The second Notice to Proceed was issued on March 10, 2021, and demolition of the existing electrical system and construction of the new electrical upgrades have commenced. Construction is expected to be completed by Q4 FY 2020/21. On April 1, 2021, Valentine Corporation submitted a written protest and notice of potential claim for electrical equipment fabrication delays due to COVID related supply chain impacts from equipment manufacturer. Contract Change Orders No. 1 and No. 2 were executed on March 31, 2021, and April 28, 2021, respectively. The total amount of both change orders were $12,775.78 which increased the contract to $920,644.78. District staff performed factory witnessed testing of main switchboard on May 15, 2021, and motor control center on May 21, 2021. All electrical equipment were delivered to the site on May 28, 2021. PG&E final inspection occurred on June 3, 2021, which allowed final cutover activities to be scheduled by PG&E construction team. Third party NETA testing was completed on June 22, 2021. On June 29, 2021, PG&E cutover temporary power to permanent power and energized the new electrical equipment. The facility was tested, commissioned, and final startup activities including control system functional testing were completed on July 2, 2021. The station was returned to service as of July 2, 202l.

CIP Projects Review Page 25 4Q FY 2020/21 In August 2021, project team will update the project status to E&IT committee. Final acceptance of construction contract is anticipated to be taken to the Board at the September Board Meeting. FY 2020/21 Budget: $600,000 SCADA Replacements and Upgrades (Infrastructure Improvements) The District maintains and operates five “major” SCADA environments – Distribution, WTP1, WTP2, Blending Facility, and Newark Desalination Facility – and five “kiosk-style” SCADA environments – Mission Fish Screen, Bunting Fish Screen, Rubber Dam No. 3 Fish Ladder, Rubber Dam No. 1 Fish Ladder, and Kaiser Fish Screen. All existing SCADA environments utilize Automation OnSpec SCADA software (OnSpec). OnSpec, which has been utilized by the District for over twenty years, is nearing the end of its technological life. SCADA technologies have significantly evolved over the last 20 years, and though the current OnSpec SCADA system is still functional, other SCADA technologies are expected to provide the District additional functionality, security enhancements, and efficiencies. The SCADA Replacements and Upgrades Project consists of a two-phase project approach. Phase 1 includes an engineering study to develop and identify the project scope, criteria for the selection of a new SCADA system, deployment schedules, preliminary design work, and the execution of any pre-requisite work necessary to adopt the new SCADA technology. Phase 2 includes the procurement of the SCADA hardware and software and the development, testing, installation, and commissioning of the multiple replacement SCADA systems. Phase 1 design and planning work is scheduled to commence in the first quarter of FY 2020/21. Deployment of the first SCADA system is scheduled to commence in the fourth quarter of FY 2020/21. The project charter was reviewed and approved by internal project stakeholders in the third quarter of FY 2019/20. Additionally, an RFP for Professional Services to support Phase 1 of the project was developed and reviewed by project stakeholders in the third quarter of FY 2019/20. The RFP was advertised on the District’s website on March 5, 2020. On March 9, 2020, Addendum No. 1 was issued to provide the option of attending the project briefing session via videoconferencing using WebEx, in addition to the onsite meeting. The District’s project team conducted a non-mandatory project briefing meeting on March 12, 2020, for potential proposers to attend and ask questions related to the project and draft scope of services included in the RFP. Addendum No. 2 on March 27, 2020, which included clarifications to various sections of the draft scope of work, extended the proposal due date from April 2, 2020, to April 15, 2020, and included electronic submission of proposals using the Bonfire procurement platform. Four proposals were received on April 15, 2020. Each proposal meeting the mandatory requirements was evaluated by the project evaluation team to determine the best value proposal using technical and financial criteria established in the RFP. Based on a comprehensive evaluation of the proposals and proposer demonstrations, TJC and Associates, Inc. (TJC) was determined to have the best value solution, qualifications, staff, and proposed approach to best meet the District’s needs. The Board authorized execution of a PSA to

CIP Projects Review Page 26 4Q FY 2020/21 TJC at the July 2020 Board Meeting. TJC’s scope of services includes 1) documentation of the current SCADA architecture and existing SCADA system; 2) needs assessment, SCADA Human Machine Interface (HMI) standards development, HMI software evaluation and selection, and developing a cybersecurity plan, data integration plan, alarm management plan, enterprise historian implementation plan, and SCADA server reconfiguration plan; 3) development of a SCADA system operation and management plan and staffing analysis; and 4) project management and administrative services. Future tasks that have been evaluated and are planned to be added by amendments after completion of these prerequisite tasks include pilot SCADA system design, pilot SCADA system Request for Proposals, pilot system implementation support, evaluation of pilot SCADA system deployment, and full deployment implementation support for remaining facilities. The project kickoff meeting was conducted on July 22, 2020, with TJC and the District’s internal team members. TJC began as-builting of the existing SCADA system including field visits to all major facilities in August 2020. A total of six needs assessment workshops were conducted between TJC’s project team and various District staff from September 2020 to December 2020. HMI standard workshops were completed along with a draft HMI standards technical document in November 2020. TJC began developing HMI software evaluation and selection criteria in December 2020 and reached out to various HMI software vendors. The HMI software selection recommendation was completed in February 2021. HMI standards are developed in draft and are anticipated to be finalized in Q4 FY 2020/21. The SCADA Cybersecurity plan has been developed in draft for review by the Project Team and is anticipated to be finalized by Q4 FY 2020/21. Staffing analysis and a SCADA Governance plan will commence in Q4 FY 2020/21. TJC is anticipated to complete all prerequisite tasks in Q4 FY 2020/21 as originally planned. Staff is planning to develop an amendment for TJC to continue with the initial pilot SCADA implementation in late Q4 FY 2020/21, as previously authorized by the Board at the July 2020 Board Meeting. On May 24, 2021, project status was updated to E&IT committee by the Project team. On June 2021, Amendment No. 1 was executed by the General Manger to add pilot deployment RFP development, pilot implementation support, and evaluation of pilot deployment at Blending facility to TJC’s original contract. This amendment was previously authorized by the Board at the July 2020 Board Meeting. As of Q4 FY 2020/21, TJC and the subconsultant were able to begin developing RFP to procure system integrator to upgrade SCADA software at Blending facility in addition to completing most of the pre-requisite tasks identified in the original RFP. Staff plans to advertise RFP in Q1 FY 2021/22 to bring system integrator onboard to replace SCADA software at Blending facility. FY 2020/21 Budget: $859,028

CIP Projects Review Page 27 4Q FY 2020/21 Clean Energy Plan Review and Clean Energy Plan Implementation (Other) The District’s Clean Energy Program will implement solar photovoltaic systems at several District facilities and properties. The program will be implemented over several fiscal years under Power Purchase Agreements (PPAs) with a solar developer in order to maximize value to the District while enhancing the environmental sustainability of the District’s operations. If fully implemented, the Clean Energy Program could save the District several million dollars in energy costs over the next 20 years, and could reduce carbon emissions by over 1,000 tons annually. The District completed the Clean Energy Plan Review effort in 2019. After careful evaluation of the clean energy market alternatives, with consulting support from energy consultant Michael D. Brown Consulting Engineers, staff determined that solar photovoltaic (solar PV) was the preferred and best option for the District. Ten District-owned sites were selected for solar PV installation and the District received a recommendation from Michael D. Brown Consulting Engineers to include all of the sites under a single PPA RFP procurement. The District selected Sage Energy (formerly Sage Renewables) (Sage) in 2019 to assist staff with the Clean Energy Plan Implementation, to help develop the PPA RFP documents and the site plan bridging documents, and to support the District with construction at the various contracted sites. A structural evaluation of existing District facilities and buildings for supplemental solar PV dead-loads has been completed. The results show that the District’s HQ building roof is not structurally suited for a solar panel installation. Sage has also mapped the generating and benefitting sites for the proposed PG&E bill tariff, known as RES-BCT, with models for both net kilo-watt hours and bill credit dollars. PG&E Interconnection study applications have been submitted and PG&E has been actively processing these requests and identifying any required updates to District facilities that are necessary to implement solar generation. The District amended an existing contract with LSA for ongoing CEQA and other environmental professional support services. Staff has reviewed a draft exemption memo for the Clean Energy Plan Implementation of rooftop and carport canopy-mounted solar sites. CEQA documents for the Whitfield Reservoir and Pits T1/T2 have been prepared. Staff and District legal counsel have conducted a thorough review of these documents and LSA has incorporated these comments into the documents. District staff in cooperation with LSA has conducted a formal AB52 consultation with the local Ohlone Indian tribe representative. The consultation was completed but the formal consultation closure letter from the Ohlone tribe representative remains outstanding. This is not required prior to submitting the documents for public review. The IS/MND CEQA document for

Figure 9: Solar PV Concept - Whitfield Reservoir

CIP Projects Review Page 28 4Q FY 2020/21 the Whitfield Reservoir site was adopted by the Board in December 2020. Categorical Exemptions for all other Phase 1 and 2 sites will be brought before the Board for adoption in January 2021 The RFP was released on July 8, 2020, with a pre-proposal conference conducted on July 15, 2020. There was significant interest shown in the project. Three addenda were issued prior to the proposal period closing on September 15, 2020. A District panel selected the top proposal from the three responsive proposals received from solar developers. Negotiations of the Power Purchase Agreements for each site are underway; the agreements are expected to be brought before the Board for authorization in Fall 2021. FY 2020/21 Budget: $80,000 Cathodic Protection Improvements and Additions (Infrastructure Improvements) Cathodic protection systems are used to mitigate the corrosion of the District’s steel infrastructure, including buried steel pipelines and above ground water storage tanks. Originally installed between 1972 and 1995, many of the District’s impressed current cathodic protection systems are reaching the end of their useful lives, and are in need of rehabilitation or replacement. The Cathodic Protection Improvements and Additions Project will evaluate and replace or rehabilitate up to 35 impressed current cathodic protection systems, which collectively protect over 70 miles of buried steel pipeline and six water storage tanks. Staff plans to solicit consultant services for this specialized work. In addition, the District will be using the consultant to evaluate current cathodic protection standards and specifications used for capital projects and developer-installed infrastructure, as well as develop a Corrosion Monitoring Program. The intent is for the District to modernize its design standards, codify standard operating procedures for the continued operation and maintenance of the existing cathodic protection systems, as well as develop and implement a programmatic approach to rehabilitating and replacing cathodic protection systems that reach their end of useful life. The District expects to complete and release the RFP in the first quarter of FY 2021/22, with an anticipated award of the contract in the second quarter of FY 2021/22. FY 2020/21 Budget: $264,100 New Cedar ARP Well (Infrastructure Improvements) The existing Aquifer Reclamation Program wells (Bellflower, Cedar 1, Cedar 2, Darvon 2, and Farwell), which were converted to Newark Desalination Facility source-water wells, were installed in 1974, with the exception of Cedar 2, which was installed in 1982. All of the wells have exceeded the typical life span (approximately 20-30 years) of a production well. With the exception of Cedar 2, the wells are now starting to show signs of decline because of their materials of construction and their age. The existing Cedar 1 well will be destroyed and replaced with a new well in order

CIP Projects Review Page 29 4Q FY 2020/21 to maintain the long-term viability of the wellfield and the integrity of the groundwater subbasin as a viable water source. A new Newark Aquifer well for blend around water will also be installed at the Cedar site for providing reliability and redundancy. This project includes one well destruction, construction of two new wells, and associated pumping equipment. A project kickoff meeting was held in February 2020. The project is in the preliminary design phase. CEQA efforts are expected to begin in Q4 2021/22 after major elements of the design are determined. FY 2020/21 Budget: $500,000 Patterson Reservoir Remediation Project (Infrastructure Improvements) In 2004, the Division of Safety of Dams (DSOD) analyzed the west embankment of Patterson Reservoir as part of their High Slip-Rate Seismic Reevaluation Program and notified the District that the reservoir could not be operated above Elevation 196.00 feet. The reservoir was designed for use to Elevation 199.83 feet. Following changes to water distribution patterns during the recent drought, the District sought to remediate the reservoir and engaged GEI Consultants in 2017 to perform a geotechnical study. DSOD used the resulting report to re-assess the embankment and confirmed the Elevation 196.00 limit on July 31, 2019, requiring a physical freeboard of 4’-0.” Staff amended GEI’s contract on November 15, 2019, to include scope and fees for an alternatives analysis. Among other alternatives, GEI proposed the construction of a berm surrounding the reservoir, lowering the existing spillway, or a combination of both. In July 2020, DSOD verbally approved the alternatives without altering the requirement for 4’-0” of freeboard. An update to the E&IT Committee was provided on September 19, 2020. GEI has developed conceptual designs and provided a draft Alternatives Analysis Memorandum. Based on the draft memo, project stakeholders selected to pursue the berm alternative as the preferred alternative to develop. GEI and District staff are evaluating site access requirements prior to completion of the alternatives analysis. The Alternatives Analysis phase will close in early 2021 following approval of the final memorandum. The design phase will follow under a separate professional services agreement. In Spring and Summer 2021, the District continued to evaluate GEI’s draft alternatives analysis memorandum. The berm alternative remains the most likely alternative with which to move forward. The alternatives analysis is anticipated to close in Autumn 2021 following approval of the final memorandum. FY 2020/21 Budget: $30,000 Alameda Reservoir Roof Replacement (Infrastructure Improvements) The existing reservoir was built in 1972 with a corrugated metal roof over wood framing, cast-in-place concrete walls, and precast concrete columns. The roof and underlying framing are reaching the end of their useful life and will be replaced, seismically retrofitted, and upgraded to support

CIP Projects Review Page 30 4Q FY 2020/21 future solar panels. A joint RFP for the Alameda Reservoir Roof Replacement and Decoto Reservoir Improvements projects was circulated in October 2020, and the Board authorized execution of a PSA with TJC and Associates, Inc. (TJC) for these services on December 10, 2020. The PSA was executed on March 23, 2021. In addition to a new roof and underlying structural upgrades, the work at Alameda Reservoir will include new ventilation and lighting and a new drain valve. Design has commenced and the Draft Basis of Design Memorandum was received on June 23, 2021. Construction is scheduled to occur from November 2022 to June 2023. FY 2020/21 Budget: $200,000 Decoto Reservoir Improvements (Infrastructure Improvements) The existing reservoir was built in 1964 with a corrugated metal roof over wood framing and cast-in-place concrete walls and columns. The roof and underlying framing are reaching the end of their useful life and will be replaced, seismically retrofitted, and upgraded to support future solar panels. New lighting and ventilation will be provided in the course of that work. The liner, drain valve, inlet/outlet valve, and altitude valve will be replaced as well. A joint RFP for the Alameda Reservoir Roof Replacement and Decoto Reservoir Improvements projects was issued in October 2020, and the Board authorized execution of a PSA with TJC for these services on December 10, 2020. The PSA was executed on March 29, 2021. Design will begin following the completion of design work for Alameda Reservoir; construction is scheduled to occur from November 2023 to June 2024. FY 2020/21 Budget: $161,479 B16 WTP2 Zone 3 Booster Discharge Pipeline Replacement (Infrastructure Improvements) The permanent B16 booster station installation was completed in late 2015. A new below grade pipeline from the booster station to the Zone 3 connection on the TP2 site was to have been installed by DMD, however new development workload prevented DMD from completing the work. The existing pipeline, which dates to the 2004 temporary booster installation, is unlined bare steel (12-inch diameter by ~100-ft length) and lies on the ground. The existing pipeline needs to be replaced before it experiences severe corrosion and leaks.

Figure 10: B16 Discharge Pipeline

CIP Projects Review Page 31 4Q FY 2020/21 At the April 13, 2021, Board Meeting, Resolution No. 21-012 finding the project categorically exempt from CEQA was approved. The construction scope of work is planned either to be incorporated with a concurrent main renewal project, provisionally either Driscoll Road or Central Newark, for contract management efficiency, or performed by District forces if resources are available. The primary candidate for contract efficiency, Driscoll Road, is planned for construction in late 2021. FY 2020/21 Budget: $68,000 Lindsay Tract Main Renewal (Infrastructure Improvements)

The Lindsay Tract Main Renewal project developed out of the Small Diameter Main Renewal Program. Aging water mains that had been identified for replacement under the Program was found to overlap with a City of Newark sidewalk, drainage, and green infrastructure improvements project. ACWD explored opportunities for a cooperative agreement that would realize efficiencies from contract management, paving, sidewalk, and permitting costs, and a cooperative agreement was drafted.

At the February 11, 2021, Board Meeting, the General Manager was authorized to execute a Cooperative Agreement with the City of Newark. The City of Newark and ACWD jointly prepared a Request for Proposals for the design portion of the work, and 6 responses were received and evaluated. The City of Newark had responsibility for awarding the contract, and ACWD had the option to consent to include the water main design portion or ramp off. Both the City and ACWD agreed BKF scored highest out of the proposals received, and that BKF had demonstrated the qualifications, experience, and desired approach to carry out all aspects of the work. FY 2020/21 Budget: $0.00

Figure 11: Example Green Infrastructure Improvement

y

ALAMEDA COUNTY WATER DISTRICTWell Level Summary

6/29/2021

Change SinceWell Number Aquifer Date 1962 2020 2021 Last Year

4S/1W-27D08 Above Fault (b) 6/29/2021 36.50 39.29 36.48 -2.81

4S/1W-29A06 Forebay (c) 6/29/2021 -54.92 15.03 10.45 -4.58

4S/2W-25M01 Newark 6/29/2021 -29.15 10.81 7.98 -2.83

4S/1W-19L02 Centerville- 6/29/2021 -79.00 0.53 -4.13 -4.66Fremont

4S/1W-31B03 Deep 6/29/2021 -87.80 -1.10 -5.60 -4.50

Notes:(a) Plus values are above sea level.

Minus values are below sea level.(b) Data from 4S/1W-21R02 prior to 1990.(c) Data from 4S/1W-28D02 prior to 1992.

Water Elevation (a)

AHF GROUNDWATER LEVEL REPORT - 4S/1W-27D08

WATER LEVELELEV. (FT)

1962 36.502020 39.292021 36.48CHANGE SINCE LAST YEAR -2.81

GW PRODUCTION (MGD) AHF

2020 2021JAN 1.8 3.2FEB 5.8 4.0MAR 8.7 6.5APR 5.4 7.1MAY 7.2 8.4JUN 9.4 8.3JUL 8.5AUG 7.0SEP 5.6OCT 5.4NOV 6.3DEC 4.5

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Minimum Goal: Operation below this line requires sustained import of water for recharge.

BHF GROUNDWATER LEVEL REPORT -4S/1W-29A06

WATER LEVEL23.2 ELEV. (FT)

1962 -54.926.17 17.6 2020 15.03

2021 10.4512.8 CHANGE

SINCE LAST YEAR -4.58

2020Mowry

2020Desal

2021Mowry

2021Desal

JAN 1.6 7.5 1.1 7.3FEB 0.3 7.7 1.2 7.3MAR 0.5 7.6 0.8 7.5APR 0.9 7.5 1.5 7.5MAY 0.3 7.5 2.2 7.6JUN 0.7 7.5 1.4 7.1JUL 0.5 7.7AUG 0.7 8.8SEP 0.8 7.9OCT 1.0 8.0NOV 1.0 7.4DEC 0.9 7.5

Minimum Goal: Operation below this line begins to draw on dry year groundwater reserves and requires reduction of groundwater pumping.

GW PRODUCTION (MGD) BHF

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ALAMEDA COUNTY WATER DISTRICTGROUNDWATER BASIN MONTHLY ELEVATIONS

NEWARK (UPPER) AQUIFER 0' TO 140'CENTERVILLE-FREMONT AQUIFERS 180' TO 390'DEEP AQUIFERS 400' and DEEPER

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4S/1W-29A06 FOREBAY - NEWARK AQUIFER

for Jonathan Wunderlich 8/4/21


DATE: July 28, 2021


FROM: Edward Stevenson, General Manager

SUBJECT: Personnel Report 4th Quarter (04/01/21 to 06/30/21)

Listed below are Sick & Appointment Leave, Overtime, Temporary Services and Personnel Activity Summaries for the fourth quarter of fiscal year 2021, compared to the same period of fiscal year 2020.

Sick & Appointment Leave

Total sick leave hours used through the fourth quarter of fiscal year 2021 was 2,726 (approximately 341 days) compared to 3,109 hours (approximately 389 days) used during the same period in 2020.

In addition to the hours above, employees utilized 1,816 hours of the Covid-19 relief expanded Family Medical Leave and Paid Sick Leave. Code 811 Sick Leave (312 hours), 812 Family Leave (685 hours), and 813 Supplemental Paid Sick Leave (819 hours). This quarter saw a 12.23% increase in Covid-19 leave usage compared to last quarter considering the addition of pay code 813.

The combined totals represent a 46.09% increase.

Total Sick Leave Hours – 4th Q 2021 compared to 4th Q 2020

Year Days Hours Average Hr. per Employee % Increase 2021 568 4,542 19.24 46.09% 2020 389 3,109 13.28

Total appointment leave hours used through the fourth quarter of fiscal year 2021 was 563 hours (approximately 70 days) compared to 181 hours (23 days) used in the same period of 2020. This is a 211% increase.

Total Appointment Leave Hours – 4th Q 2021 compared to 4th Q 2020

Year Days Hours Average Hr. per Employee % Increase 2021 70 563 2.38 211% 2020 23 181 0.77

Board of Directors Personnel Report Calendar 4th Quarter (04/01/21 – 06/30/21) Page 2 of 5

Period 04/01/2021 – 06/30/2021

Overtime Total overtime hours incurred the fourth quarter of fiscal year 2021 was 3,095 compared to 1,778 in 2020, representing an increase of 74.07%. The Operators and Utility Workers make up the majority of overtime use.

Total Overtime Hours – 4th Q 2021 compared to 4th Q 2020

Year Overtime Hours % Increase 2021 3,095 74.07% 2020 1,778

Temporary Agency Staffing Services Agreement Costs Temporary Staffing Agency services costs increased this quarter by $62,469 compared to the same period in 2020. Temporary Services – 4th Q 2021 compared to 4th Q 2020

Year Costs Hours % Increase 2021 $ 121,369 2,289 106.05% 2020 $ 58,900 1,332

ACWD Temporary Staff Status Report (Period of April 1, 2021 through June 31, 2021)

Position Department Start dateTotal Hours

Worked Since Start

Anticipated End date

Comments

Customer Service Rep. Finance 5/27/2021 166 9/2/2021 Assist with special projects and phone coverage

Engineering Technician Engineering 3/8/2021 93 6/30/2021 Backfilling due to vacant positionMeter Reader Finance 5/10/2021 196 11/10/2021 Backfilling due to vacant position

Office Assistant Operations 5/18/2021 207 7/30/2021 Assist with special projects and phone coverage

Utility Worker Operations 1/4/2021 968 7/3/2021 Assist with Yearly Flushing Program

Utility Worker Operations 1/4/2021 879 7/3/2021 Assist with Yearly Flushing Program

Utility Mechanic Operations 2/22/2021 666 8/20/2021Assist with Mechanical projects due to employee out on medical

leaveTemporary Agency Employees Total: 7

Engineering Intern Project Engineering 8/17/2020 890 8/17/2021 12 month assignment not to exceed 20 hours/week

Water Production Intern Water Production 10/19/2020 768 4/19/2021 6 month assignment not to exceed 30 hours/week

Interns Total: 2

Engineer III Development Services 5/17/2020 903 7/30/2021 Retiree Rehire

Engineer III Project Engineering 7/13/2020 542 7/13/2021 Retiree Rehire

Retiree Rehires Total: 2

Grand Total: 11


Period 04/01/2021 – 06/30/2021

Vacancy and Recruitment Status

Vacancy Department & Position Pending (P) or Current (C) Status Reason

OFFICE OF THE GENERAL MANAGER Special Assistant to the General Manager 1 (C) Recruitment pending FY 21/22 Budget Addition

OGM TOTAL 1 ENGINEERING & TECHNOLOGY SVCS Director of Eng & Tech Svcs 1 (C) Recruitment underway Promotion Construction Inspector 1 (C) Recruitment pending FY 21/22 Budget Addition Engineer Technician I/II 1 (C) Recruitment underway Promotion Engineering Tech I/II (Defined Term) 1 (C) Recruitment underway FY 18/19 Budget Addition Engineering Technician III 1 (C) Recruitment no action Retirement Engineer I/II 2 (C) Recruitment pending FY 21/22 Budget Additions Office Assistant I/II 1 (C) Recruitment pending Voluntary Resignation

E&T TOTAL 8 FINANCE Buyer I/II 1 (C) Recruitment underway Voluntary Resignation Meter Reader 2 (C) Recruitment underway Voluntary Resignation

FIN TOTAL 3 OPERATIONS & MAINTENANCE QA/QC Officer 1 (C) Recruitment on hold Promotion Water Treatment Plant Op (Fill as TFO) 1 (C) Recruitment underway Retirement Operations Supervisor I/II 1 (P) Recruitment underway Retirement Distribution Maintenance Supervisor 1 (C) Recruitment pending Retirement

O&M TOTAL 4 WATER RESOURCES Engineer Technician I/II 1 (C) Recruitment underway Voluntary Resignation

WR TOTAL 1

Personnel Activity From July 1, 2020, to date, there were twelve (12) new hires, one (1) retiree rehire, seventeen (17) promotions, one (1) promotional plan transfer, five (5) resignations, and seven (7) retirements.

Department Total Position Date Action

Office of the General Manager 5

1 Public Affairs Supervisor II 04/04/2021 Promotion

1 Administrative Assistant 04/30/2021 Retirement

1 Administrative Assistant/ADS 06/27/2021 Promotion

1 General Manager 07/02/2021 Promotion

1 General Manager 08/26/2021 Retirement

Engineering & Tech Services 10

1 Engineer I 10/26/2020 New Hire


Period 04/01/2021 – 06/30/2021

1 Engineer III 07/13/2020 Retiree Rehire


1 Engineering Tech II 01/01/2021 Resignation

1 Engineer I 01/10/2021 Promotion


1 Office Assistant II 06/23/2021 Resignation

2 Associate Engineer 06/27/2021 Promotion

1 Information Tech Analyst II 06/28/2021 New Hire

Finance 3

1 Business Analyst II 09/21/2020 New Hire

1 Customer Service Supervisor I 11/20/2020 New Hire

1 Meter Reader 05/21/2021 Resignation

Operations and Maintenance 19

1 Gardener III 08/31/2020 New Hire

1 Lab Technician I 09/30/2020 New Hire

1 Engineering Technician II (DT) 10/05/2020 New Hire

1 Utility Worker III 11/01/2020 Promotion

1 Utility Mechanic I/II 11/29/2020 Retirement

1 Planner/Scheduler 12/28/2020 Retirement

1 Planner/Scheduler (DT) 01/04/2021 New Hire

1 Treatment Facilities Operator 01/10/2021 Promotion

1 Laboratory Services Supervisor 02/07/2021 Promotion

1 Utility Mechanic I/II 02/21/2021 Promotion

1 Utility Mechanic I/II 03/07/2021 Promotion

1 Engineer II 04/04/2021 Promotion

1 Advanced TFO 04/04/2021 Retirement

1 Utility Worker II 05/30/2021 Promotion

1 Senior Instrument Technician 06/11/2021 Retirement

2 Associate Engineer 06/27/2021 Promotion

1 Distribution Maint Supervisor 06/28/2021 Retirement

1 Planner/Scheduler 07/02/2021 Resignation

Water Resources 6

1 Water Conservation Specialist I 10/20/2020 New Hire

1 Water Operations Analyst I 08/24/2020 New Hire

1 Water Controller I 10/05/2020 Promo Plan Transfer

1 Engineering Technician I/II 05/03/2021 Voluntary Resignation

1 Well Ordinance Supervisor 06/13/2021 Promotion

1 Associate Hydrogeologist 06/27/2021 Promotion


Period 04/01/2021 – 06/30/2021

Personnel Budget

DEPARTMENT FY 20/21

Adopted Positions OFFICE OF THE GENERAL MANAGER 13 ENGINEERING & TECHNOLOGY SERVICES 41 FINANCE 38 OPERATIONS & MAINTENANCE 118 WATER RESOURCES 26

TOTALS

236

8/3/2021

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SFPUC Forecast as of 2-3-2021

WTP Actual

WTP2 Forecast as of 2-3-2021

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Desal Forecast as of 2-3-2021

2013 Demand Actual

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RM

SP

RIN

GS

BLV

D

GR

IMM

ER

BLV

D

DE

CO

TO

RD

ALVARADO BLVD

BOYCE R

D

DR

ISC

OLL

RD

CUSH

ING

PKWY

SMITH ST

AR

DE

NW

OO

D B

LV

D

WHIPPLE RD

§̈¦84

§̈¦880

§̈¦680

K-53

K-08

K-51

K-50

K-52

K-49

K-48

K-20

K-16

K-44

K-43

K-42

K-41

K-40

K-39

K-38

K-37

K-36

K-35

K-34

K-33

K-32

K-31

K-30

K-28

K-27

K-25

K-24

K-23

K-01

K-45

K-22

K-21

K-19

K-18

K-17

K-15

K-14

K-13

K-12

K-11

K-07

K-05

K-04

K-02

K-47R

K-46R

K-03R

K-29

K-26

K-10

K-09

K-06

138

138

136

140

140

137

140

140

138

138

142

139

136

137

138

140

136

137

138

145

135

136

141

140

135

148

147

132

134

129

134

124

132

130

134

131

131

132

134

133

134

129

133

74

94

70

73

74

73

87

111

139

ACWD Distribution System HardnessJuly 2021

Avalon

Pressure Zones

Special Zones

Zone I

Seven Hills

Canyon Heights

Zone IV

Tamarack/Dry Creek

Zone II

Zone III

Average Hardness of K-Points 128

Hardness 120 - 134 mg/L


Hardness < 120 mg/L

Hardness > 180 mg/L

Legend


Water Production FacilitiesAverage Daily Flows and Hardness

for this month(million gallons)

Flow (MGD) Hardness (mg/L)WTP2: 19.8 42% 133.2Blending Facility: 19.4 41% 137.2U/b SFPUC: 0.1 0% 10.8Desal: 7.7 16% 65.3