AGENDA Tuesday, April 28, 2015

Transcription

1 BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT th Street, Oakland, CA Office of the Secretary: (510) ROLL CALLU: AGENDA Tuesday, REGULAR CLOSED SESSION 11:00 a.m., Board Room UPUBLIC COMMENTU: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION AGENDA U: 1. Existing litigation pursuant to Government Code section (d)(1): a. Gregory Tarbet v. East Bay Municipal Utility District California Court of Appeal, Case No. A Significant exposure to litigation pursuant to Government Code section (d)(2): a. Tim and Angela Moran Claim No.: 2013-L b. One matter. 3. Conference with Real Property Negotiators pursuant to Government Code section regarding conditions and terms of payment for the purchase of up to 35,000 acre-feet of water from Placer County Water Agency, Glenn-Colusa Irrigation District, Reclamation District 1004, and Sycamore Mutual Water Company for supplemental dry year supplies in East Bay Municipal Utility District negotiators: Richard G. Sykes, Director of Water and Natural Resources, and Michael T. Tognolini, Manager of Water Supply Improvements. Negotiating parties: East Bay Municipal Utility District, Placer County Water Agency, Glenn-Colusa Irrigation District, Reclamation District 1004, and Sycamore Mutual Water Company. (The Board will hold Closed Session in Conference Room 8A/B)

2 Page 2 of 8 REGULAR BUSINESS MEETING 1:15 p.m., Board Room ROLL CALL: BOARD OF DIRECTORS: Pledge of Allegiance ANNOUNCEMENTS FROM CLOSED SESSION: PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda. CONSENT CALENDAR: (Single motion and vote approving 19 recommendations including 3 Resolutions) 1. Approve the Special and Regular Meeting Minutes of April 14, File correspondence with the Board. 3 Award a contract to the lowest responsive/responsible bidder, Diede Construction, Inc. in the amount of $4,018,000 for construction of Pardee Recreation Area Recreational Vehicle Park Improvements under Specification Award a contract to the lowest responsive/responsible bidder, Granite Construction Company, in the amount of $5,583,550 for construction of the San Ramon Valley Recycled Water Pipeline Bishop Ranch under Specification Award a contract to the lowest responsive/responsible bidder, Manito Construction, Inc., in the amount of $4,796,400 for construction of the Main Wastewater Treatment Plant Primary Sedimentation Tanks/Influent Channels Rehabilitation, Phase 3 and Aerated Grit Tank Modifications under Specification SD Award a contract to the lowest responsive/responsible bidder, Skyler Electric Co., Inc., in the amount of $209,500 for construction of the Main Wastewater Treatment Plant Administration Building Uninterruptible Power Supply Replacement under Specification SD Authorize agreements for the purchase of automobiles and light trucks with various companies in accordance with the timing and pricing specified in the relevant State of California annual vehicle purchase contracts. This authorization shall remain in effect from May 1, 2015, through April 30, The estimated aggregate amount is $12,655,400 for the five-year period. 8. Authorize renewal of an agreement with AdvanTel, Inc. for one year beginning on or after April 29, 2015 in an amount not to exceed $28,000 for maintenance of the Contact hardware and software solution with one option to renew for an additional one-year period for a total cost of $56,000. The additional $56,000 will increase the total cost for AdvanTel s services under the agreement to $111,708.

3 Page 3 of 8 CONSENT CALENDAR: (Continued) 9. Authorize an agreement with Bentley Systems, Incorporated in an amount not to exceed $512,250 for construction document management software services during the period May 12, 2015 to May 11, 2020, with an option to renew for an additional five-year period. 10. Authorize an agreement beginning on or after April 29, 2015 with Carollo Engineers, Incorporated in an amount not to exceed $3,473,035 for design of the Sobrante and Upper San Leandro Water Treatment Plants Ozone System Improvements Project and for design services during construction of the project. 11. Authorize an amendment to the existing agreement with GHD, Inc. for an additional amount not to exceed $260,000, increasing the total agreement not to exceed amount to $409,827, to provide detailed design services and engineering services during construction of upgrades to the communication systems at the Main Wastewater Treatment Plant during the period March 2015 to December Authorize an agreement with Panorama Environmental, Inc. in an amount not to exceed $606,108 to prepare an Environmental Impact Report for the Alameda-North Bay Farm Island Pipeline Crossings Project, pursuant to the California Environmental Quality Act. 13. Authorize the sole source purchase of calcium thiosulfate under the brand name Captor from Pacific Coast Chemicals for an estimated amount of $425,000, for the period May 1, 2015 to October 31, Authorize agreements for HVAC, Refrigeration Services: 14a. Authorize agreements with the following vendors: Airflow Specialists; American Air Conditioning Co.; Comfort Air Mechanical Systems; Emcor Service; Honeywell, Inc.; Matrix Hg Inc.; Syserco, Inc.; and Temperature Technology, Inc. to provide heating, ventilation, air conditioning, refrigeration, and related services for an estimated total annual amount of $540,000 for the period April 29, 2015 through April 28, 2017, with three options to extend for additional one-year periods with an estimated annual amount of $450,000 for a total five-year cost of $2,430, b. Authorize additional agreements with companies that meet District standards and offer pricing at or below the range described in the current proposed agreements to increase flexibility and ensure vendor availability pursuant to this recommendation.

4 Page 4 of 8 CONSENT CALENDAR: (Continued) 15. Authorize agreements for Rental Welding Services: 15a. Authorize an agreement beginning on or after April 29, 2015, with the following vendors: Eyeball Engineering, Ferguson Welding Services, T.A.Z. Welding & Fabrication, Lynn Lefevre Welding, Mid Mountain Mechanical, Larson Welding, Nicole Welding, and NorCal Welding, in an amount not to exceed $86,000 annually, for the rental of fully maintained and operated portable welding services at locations throughout the District s service area for two years with three options to renew for an additional one-year period for a total cost of $430, b. Authorize additional agreements with companies that meet District standards and offer pricing at or below the range described in the current contracts to increase the flexibility and ensure vendor availability pursuant to this recommendation. Vendors will be rotated based on need and availability. If additional vendors are added under this authorization, the Board of Directors will be notified by means of the monthly report to the General Manager. 16. Approve the Water Supply Assessment requested by the Lawrence Berkeley National Laboratory (LBNL) for LBNL s proposed future development and operations pursuant to California Water Code, Sections Adopt a new Policy: Use of Social Media and approve revisions to the following District policies: Policy 1.03 Contract Equity Program and Policy 1.04 Contractors Compliance with Equal Employment Opportunity. 18. Review and approve the attached Investment Policy 4.07 (which contains minor proposed changes to the current policy that was last amended on March 26, 2013) and affirm existing delegation of authority for the management of investments on behalf of the District to the Director of Finance, who is also acting as the Treasurer of the District. 19. Approve implementation of the third year general salary increase of 2.7% in accordance with the Memoranda of Understanding between the District and AFSCME Locals 2019 and 444, IUOE Local 39, and IFPTE Local 21 and authorize a 2.7% general salary increase for managers, confidential employees and other non-represented employees in accordance with Resolution PUBLIC HEARING: 20. Conduct a public hearing on the second reading and adoption of the Excessive Water Use Penalty Ordinance.

5 Page 5 of 8 DETERMINATION AND DISCUSSION: 21. Conduct a public hearing on the second reading and adopt the Excessive Water Use Penalty Ordinance For Drought Stages 3 and 4 to provide the District with authority to impose administrative penalties on single-family residential customers who use water in excess of the water use restrictions set forth in the Ordinance when the District has declared a Stage 3 or a Stage 4 water shortage/drought. The first public hearing on the introduction and first reading of the Ordinance took place at the meeting of the Board of Directors on April 14, (Second Reading and Vote Ordinance No ) 22. Conduct a second reading, and adopt the Water Theft Penalty Ordinance to provide the District with authority to impose administrative penalties on any person who engages in water theft, including the unauthorized use of water from a public fire hydrant or other facilities, as set forth in the Ordinance. The introduction and first reading of the Ordinance was held on April 14, (Second Reading and Vote Ordinance No ) 23. Approve a Critical Drought Action Plan in accordance with District Policy 9.03 (Water Supply Availability and Deficiency) to guide public outreach in support of District Regulation 28 (Water Use During Water Shortage Emergency Condition) and to support public education on statewide mandatory restrictions on outdoor water use pursuant to regulations adopted by the State Water Resources Control Board under California Water Code Section Approve proposed Guidance for Issuing Green Bonds. 25. Declare intention to authorize the issuance of up to $653 million of additional Water System revenue bonds payable solely from revenues and direct publication of the attendant resolution. 26. Authorize successive issues of short-term indebtedness payable solely from revenues, as set forth in Chapter 7.5 of the Municipal Utility District Act, for an additional seven years and direct publication of attendant resolution. 27. Authorize amendment and extension of U.S. Bank liquidity facility for Water Series 2008A-2 and 2008A Authorize and approve the issuance of not to exceed $220,000,000 aggregate principal amount of EBMUD Water System Revenue Bonds, Series 2015B and Series 2015C, and approve the form and authorize the execution of certain documents, including a Supplemental Indenture, in connection with the issuance, securing and sale of such bonds.

6 Page 6 of 8 DETERMINATION AND DISCUSSION: (Continued) 29. Approve transfers from Sacramento River settlement contractors and authorize one-year water purchase and forbearance agreements. 1. Adopt findings and a mitigation monitoring and reporting program as a responsible agency under the California Environmental Quality Act (CEQA), find proposed water transfers between East Bay Municipal Utility District and Sycamore Mutual Water Company (Sycamore), Reclamation District 1004 (RD 1004), and Glenn-Colusa Irrigation District (GCID) exempt from the requirements of CEQA, and approve the proposed transfers. 2. Authorize the negotiation and execution of one-year water purchase and sale agreements with the following: a. GCID for up to 10,000 acre feet (AF), Sycamore for up to 5,000 AF, and RD 1004 for up to 6,000 AF; b. Costs to include a purchase price of $700 per AF for a total maximum water purchase cost of $14.7 million; c. Reimbursement for administrative expenses to sellers at a maximum of $180,000; d. Payment of U.S. Bureau of Reclamation s (Reclamation) applicable 2015 Central Valley Project rates for delivery and conveyance of the transfer water, up to a maximum of $1.6 million. 3. Authorize the negotiation and execution of companion Forbearance Agreements with each Seller and Reclamation to set forth the terms and conditions under which Reclamation will facilitate making water available for transfer in General Manager s Report: Water Supply Update

7 Page 7 of 8 REPORTS AND DIRECTOR COMMENTS: 31. Committee Reports: Planning Legislative/Human Resources Finance/Administration 32. Director Comments. ADJOURNMENT: The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday, May 12, 2015 in the Administration Board Room, 375 Eleventh Street, Oakland, California. Disability Notice If you require a disability-related modification or accommodation to participate in an EBMUD public meeting please call the Office of the Secretary (510) We will make reasonable arrangements to ensure accessibility. Some special equipment arrangements may require 48 hours advance notice. Document Availability Materials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 hours prior to this meeting are available for public inspection in EBMUD s Office of the Secretary at th Street, Oakland, California, during normal business hours. W:\Agendas\Agendas 2015\2015_Regular Agenda\042815_regular_agenda.docx

8 BOARD CALENDAR Tuesday, April 28 Date Meeting Time/Location Topics Finance/Administration Committee Patterson {Chair}, Katz, Young Board of Directors 9:30 a.m. 11:00 a.m. 1:15 p.m. Water Conservation Incentive Programs Update Adopt A New Policy: Use of Social Media, and Review of Revisions to District Policies Investment Policy Annual Review Green Bond Guidance Authorize Additional Water System Revenue Bond Issuance Extend Authorization of Short-Term Indebtedness Amendment and Extension of U.S. Bank Liquidity Facility EBMUD Series 2015B and 2015C Water Revenue Bonds Financial Quarterly Reports Closed Session Regular Meeting Tuesday, May 12 Planning Committee McIntosh {Chair}, Linney, Young Legislative/Human Resources Committee Coleman {Chair}, McIntosh, Patterson 9:15 a.m. 10:15 a.m. Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting Monday, May 25 Memorial Day Holiday District Offices Closed Tuesday, May 26 Sustainability/Energy Committee Katz {Chair}, Linney, Young Finance/Administration Committee Patterson {Chair}, Katz, Young TBD 10:00 a.m. Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting