Notice of Location Change
BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT
375 - 11th Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440
Notice of Location Change
REGULAR CLOSED SESSION and REGULAR BUSINESS MEETINGS Thursday, August 10, 2021 **Virtual**
In accordance with the Governor’s Executive Order N-08-21 which suspends portions of the Brown Act, a physical location will not be provided for these meetings. The Regular Closed Session Meeting scheduled for 11:00 a.m., and the Regular Business Meeting scheduled for 1:15 p.m., will be conducted via webinar and teleconference only.
Dated: August 5, 2021
______Rischa S. Cole Secretary of the District
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BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT
375 - 11th Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440
AGENDA REGULAR CLOSED SESSION Tuesday, August 10, 2021 11:00 a.m. **Virtual*
Location
In accordance with the Governor’s Executive Order N-08-21 which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. A physical location will not be provided for this meeting.
***Please see appendix for public participation instructions***
ROLL CALL:
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.
ANNOUNCEMENT OF CLOSED SESSION AGENDA:
1. Initiation of litigation pursuant to Government Code section 54956.9(d)(4): one matter.
2. Existing litigation pursuant to Government Code section 54956.9(a):
a. David Estopinal v. East Bay Municipal Utility District Contra Costa County Superior Court, Case No. C20-01593
b. Carl Bennett and Dawn Bennett v. East Bay Municipal Utility District Contra Costa County Superior Court, Case No. C20-01714
c. Herbert Brown and Rebecca Brown v. East Bay Municipal Utility District Contra Costa County Superior Court, Case No. C20-02480
3. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2):
a. Kathmandu, Inc. Claim No. 2019-L-178-1
b. Kathmandu Market and Deli Claim No. 2019-L-178-3
c. Two matters.
Regular Meeting of August 10, 2021 Page 2 of 5
ANNOUNCEMENT OF CLOSED SESSION AGENDA: (Continued)
4. Threat to public services or facilities pursuant to Government Code section 54957: Conference with David A. Briggs, Director of Operations & Maintenance; Niger M. Edwards, Manager of Employee Relations; and Lisa Sorani, Manager of Employee Services.
5. Conference with Labor Negotiators Gregory Ramirez and Jeff Bailey from the Industrial Employers Distributors Association; Clifford C. Chan, General Manager; Richard G. Jung, Acting Manager of Human Resources; and Niger M. Edwards, Manager of Employee Relations, pursuant to Government Code Section 54957.6: Employee Organizations International Union of Operating Engineers, Local 39; American Federation of State, County and Municipal Employees, Locals 444 and 2019; and International Federation of Professional and Technical Engineers, Local 21.
(The Board will discuss Closed Session agenda items via webinar or teleconference.)
REGULAR BUSINESS MEETING 1:15 p.m. **Virtual**
Location
In accordance with the Governor’s Executive Order N-08-21 which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. A physical location will not be provided for this meeting.
***Please see appendix for public participation instructions***
ROLL CALL:
BOARD OF DIRECTORS:
• Pledge of Allegiance
ANNOUNCEMENTS FROM CLOSED SESSION:
PRESENTATION:
• National Association of Clean Water Agencies’ Peak Performance Award for 21 consecutive years of permit compliance for the Main Wastewater Treatment Plant’s discharges
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.
Regular Meeting of August 10, 2021 Page 3 of 5
CONSENT CALENDAR: (Single motion and vote approving 14 recommendations, including 1 resolution.)
1. Approve the Regular Meeting Minutes of July 13, 2021.
2. File correspondence with the Board.
3. Award a contract to the lowest responsive/responsible bidder, Lucero Manufacturing, for supplying flanged nipples for three years, beginning on or after August 11, 2021 with two options to renew for additional one-year periods for a total cost, after the addition of taxes, including option years, not to exceed $3,676,345 under Request for Quotation No. 2108A.
4. Award a contract to the lowest responsive/responsible bidder, Cummins, Inc., for supplying one diesel generator for the Main Wastewater Treatment Plant Power Generation Station for a total cost, after the addition of taxes, not to exceed $99,950 under Request for Quotation No. 2116.
5. Award a contract to the lowest responsive/responsible bidder, Chart Inc., for supplying three liquid carbon dioxide storage tank and vaporizer systems for the Orinda, Lafayette, and Walnut Creek Water Treatment Plants, beginning on or after August 13, 2021 for a total cost, after the addition of taxes and fees, not to exceed $1,658,410 under Request for Quotation No. 2117.
6. Award a contract to the lowest responsive/responsible bidder, Cratus, Inc., in an amount not to exceed $8,262,025 for construction of Summit Pressure Zone South Pipeline Replacement, Phase 1 under Specification 2173.
7. Award a contract to the lowest responsive/responsible bidder, NTK Construction, Inc., in an amount not to exceed $2,378,000 for construction of the Digester Gas Flare Rehabilitation project under Specification SD-416.
8. Award a direct award contract to NuSpective, Inc. for supplying security log collection and analysis cloud software and implementation services for three years, beginning on or after August 10, 2021 for a total cost, after the addition of taxes, not to exceed $375,505.
9. Authorize an agreement beginning on or after August 10, 2021 with Inspection Services, Inc. in an amount not to exceed $4,000,000 for shop inspection support services for five years.
10. Authorize an agreement beginning on or after August 10, 2021 with Utilis, Inc. in an amount not to exceed $665,000 for satellite remote leak detection services for five years.
11. Authorize an amendment to the agreement previously authorized under the General Manager’s authority with Alpha Analytical Laboratories, Inc. to increase the agreement amount by $247,425 in an aggregate amount, including option years, not to exceed $300,000 and extend the agreement term to December 31, 2023 with two options to renew for additional one-year periods for supplemental analytical services.
12. Authorize an amendment to the agreement previously authorized under the General Manager’s authority with McCampbell Analytical, Inc. to increase the agreement amount by $227,842 to a total amount not to exceed $307,264 and extend the agreement term to September 30, 2022 for the laboratory analysis of samples for the Split-Plant Nutrient Reduction Pilot Study at the Main Wastewater Treatment Plant.
Regular Meeting of August 10, 2021 Page 4 of 5
CONSENT CALENDAR: (Continued)
13. Authorize the Office of General Counsel to continue the employment of the law firm of Somach, Simmons & Dunn, P.C., for services of special counsel related to providing representation in litigation arising under the California Environmental Quality Act and/or the National Environmental Policy Act.
14. Authorize execution of legal documents associated with an amendment to the existing interest rate swap agreement for the District’s Water System Revenue Refunding Bonds Series 2008A and related documents with The Bank of New York Mellon. (Resolution)
DETERMINATION AND DISCUSSION:
15. Appointment of Special Assistant III in the Office of Diversity, Equity, and Culture. (Resolution)
16. Appointment of Assistant Attorney. (Resolution)
17. Coronavirus Update.
18. General Manager’s Report: • 2021 Drought Update • Excessive Water Use Penalty Ordinance Amendment • Racial Equity and Justice Project and Diversity, Equity, and Inclusion Strategic Plan Update • Monthly Report – July 2021
REPORTS AND DIRECTOR COMMENTS:
19. Committee Reports: • Planning • Legislative/Human Resources
20. Other Items for Future Consideration.
21. Director Comments.
ADJOURNMENT:
The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday, August 24, 2021. 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) 287-0404. 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 375 11th Street, Oakland, California, during normal business hours, and can be viewed on our website at www.ebmud.com.
W:\Board of Directors - Meeting Related Docs\Agendas 2021\081021_regular agenda.doc
BOARD CALENDAR
Date Meeting Time/Location Topics
Tuesday, August 10 Planning Committee 9:00 a.m. • Research and Innovation at Virtual EBMUD • Groundwater Sustainability Plan Update • Dam Safety Program Annual Report • Dump Truck Services
Legislative/Human Cancelled Resources Committee
Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual
Tuesday, August 24 Redistricting Ad Hoc TBD Committee Virtual
Finance/Administration TBD Committee Virtual
Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual
Monday, September 6 Labor Day District Offices Closed
Tuesday, September 14 Planning Committee TBD Virtual
Legislative/Human TBD Resources Committee Virtual
Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual
Tuesday, September 28 Finance/Administration TBD Virtual Board of Directors 11:00 a.m. • Closed Session Virtual 1:15 p.m. • Regular Meeting Virtual
2021 Board Committee Members Finance/Administration Patterson {Chair}, Coleman, Katz Legislative/Human Resources Coleman {Chair}, McIntosh, Patterson Planning Young {Chair}, McIntosh, Mellon Sustainability/Energy Young {Chair}, Katz, Mellon
Redistricting Ad Hoc Coleman, Linney, Young
APPENDIX
Closed Session and Regular Business Meetings Tuesday, August 10, 2021 11:00 a.m. and 1:15 p.m.
EBMUD public Board meetings will be conducted via Zoom. Please note that Board meetings are recorded, live-streamed, and posted on the District’s website.
Please visit this page beforehand to familiarize yourself with Zoom. https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Meeting
Online https://ebmud.zoom.us/j/97065086667?pwd=eUdZSGh5SG82akZiRDF2UDg2b0IyUT09 Webinar ID: 970 6508 6667 Passcode: 238500
By Phone Telephone: 1 669 900 6833 Webinar ID: 970 6508 6667 Passcode: 238500 International numbers available: https://ebmud.zoom.us/u/adMXn1VnPp
Providing public comment The EBMUD 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.
If you wish to provide public comment please: • Use the raise hand feature in Zoom to indicate you wish to make a public comment https://support.zoom.us/hc/en-us/articles/205566129-Raising-your-hand-in-a-webinar o If you participate by phone, press *9 to raise your hand • When prompted by the Secretary, please state your name, affiliation if applicable, and topic • The Secretary will call each speaker in the order received • Comments on non-agenda items will be heard at the beginning of the meeting • Comments on agenda items will be heard when the item is up for consideration • Each speaker is allotted 3 minutes to speak; the Board President has the discretion to amend this time based on the number of speakers • The Secretary will keep track of time and inform each speaker when the allotted time has concluded
Submitting written comments or materials • Email written comments or other materials for the Board of Directors to [email protected] • Please indicate the meeting date and agenda item number or non-agenda item in the subject of the email. Contact information is optional. • Please email by 4 p.m. the day prior to the scheduled regular meeting; written comments and other materials submitted to the Board of Directors will be filed in the record.
To observe the public portion of the 11:00 a.m. Closed Session Meeting and the entirety of the 1:15 p.m. Regular Business Meeting, please visit: https://www.ebmud.com/about-us/board-directors/board-meetings/ Draft Prepared By
Secretary of the District
MINUTES
Tuesday, July 13, 2021
East Bay Municipal Utility District Board of Directors 375 Eleventh Street Oakland, California *Virtual*
Regular Closed Session Meeting
President Doug A. Linney called to order the Regular Closed Session Meeting of the Board of Directors at 11:04 a.m. He announced that in accordance with the Governor’s Executive Order N-08-21 which suspends portions of the Brown Act, the public participation portion of this meeting would be conducted by webinar and teleconference only. A physical location was not provided for this meeting.
ROLL CALL
Directors John A. Coleman, Andy Katz, Lesa R. McIntosh, Frank Mellon, William B. Patterson, Marguerite Young, and President Doug A. Linney were present at roll call.
Participants included General Manager Clifford C. Chan, General Counsel Derek T. McDonald, Director of Finance Sophia D. Skoda (Items 1a, 2 and 3), Manager of Human Resources Laura A. Acosta (Item 3), Manager of Employee Relations Niger M. Edwards (Item 3), Meyers Nave Attorney Camille Hamilton Pating and staff Janice Brown and Suzanne Ruten (Items 1a and 2), and Industrial Employers Distributors Association representatives Gregory Ramirez and Jeff Bailey (Item 3). *General Counsel Derek T. McDonald was not present for Items 1a, 2, and 4.
PUBLIC COMMENT
- Addressing the Board were the following: 1) Eric O. Larsen, President, AFSCME Local 444 commented on the District’s dependent verification audit being conducted by BMI Audit Services; 2) Joseph Q. Pangelinan, Chief Steward, Local 444, commented on the District’s dependent verification audit being conducted by BMI Audit Services and the security of employee data; and 3) Ivette Rivera, EBMUD Gardener Foreman, read excerpts from the civil rights lawsuit filed against the District by former EBMUD attorneys Saji Pierce and Ayriel Bland.
The Board requested additional information on the dependent verification audit process.
ANNOUNCEMENT OF CLOSED SESSION AGENDA
President Linney announced the closed session agenda and the Board convened for discussion.
Regular Meeting Minutes of July 13, 2021 Page 2 of 10
Regular Business Meeting
President Doug A. Linney called to order the Regular Business Meeting of the Board of Directors at 1:22 p.m. He announced that in accordance with the Governor’s Executive Order N-08-21 which suspends portions of the Brown Act, the public participation portion of this meeting would be conducted by webinar and teleconference only. A physical location was not provided for this meeting.
ROLL CALL
Directors John A. Coleman, Andy Katz, Lesa R. McIntosh, Frank Mellon, William B. Patterson, Marguerite Young, and President Doug A. Linney were present at roll call. Staff participants included General Manager Clifford C. Chan, General Counsel Derek T. McDonald, and Secretary of the District Rischa S. Cole.
BOARD OF DIRECTORS
President Linney led the Pledge of Allegiance.
PRESENTATION
Director Marguerite Young announced the Board would be recognizing students from schools in the District’s service area who won prizes at the annual Contra Costa County Science Fair. Cathy Kenderski and Sarah Wu from Campolindo High School in Moraga won second place in the Senior Division and $500 each for their project “A Novel Solution to Plastic Pollution.” Ethan Li from Monte Vista High School in Danville won third place and $200 for his project “Turning Graywater into Useable Water for Gardening.” The Board viewed a short video clip of Cathy’s and Sarah’s project and both students responded to questions from Director Young regarding their winning entry. Educator Roxanna Jackman, who provided support for both projects, was also present online. Ethan and educator Rachel Eaton did not participate in the meeting. The Board congratulated the students on their work and winning entries.
General Manager Clifford C. Chan announced the District received The Partnership for Safe Water’s Director’s Award for the Orinda Water Treatment Plant. The plant achieved the Director’s level status in 2000 and has continued to meet the requirement for 20 years. The Partnership for Safe Water is a voluntary program whose mission is to improve the quality of water delivered to customers and improve public health by optimizing water system operations. The following staff accepted the award on behalf of all the Orinda Water Treatment Plant operators: Water Treatment Supervisor Chris Burquez, Senior Water Treatment Operator Anna Williams, and Senior Civil Engineer Lori Work Kazimi. The Board congratulated staff on winning the award.
Manager of Wastewater Environmental Services Alicia R. Chakrabarti provided a presentation acknowledging the 20-year Anniversary of the District’s Resource Recovery (R2) Program located at the Main Wastewater Treatment Plant (MWWTP). Ms. Chakrabarti reviewed the history of the MWWTP and highlighted the early years of the R2 Program. Over the past 20 years the Program has beneficially treated 3.4 billion gallons of wastes for $161 million in total tip fee revenue; served 400 customers with 1,800 different permitted organic waste streams; recycled 270,000 tons of organic
Regular Meeting Minutes of July 13, 2021 Page 3 of 10 waste solids to the land as compost or soil amendment; generated 400,000 MWh of renewable electricity; and reduced greenhouse gas emissions by 100,000 metric tons of carbon dioxide equivalent. She highlighted Program awards, collaborations and grant funding received to date. The Board thanked staff for their work over the years on the Program.
ANNOUNCEMENTS FROM CLOSED SESSION
There were no announcements required from closed session.
PUBLIC COMMENT
- Addressing the Board were the following: 1) George D. Cleveland, Chief Steward, AFSCME Local 2019 commented on the District’s dependent verification audit being conducted by BMI Audit Services and asked that a discussion be calendared for a future meeting on how the District can celebrate the federal Juneteenth holiday; 2) Ivette Rivera, EBMUD Gardener Foreman read excerpts from the civil rights lawsuit filed against the District by former EBMUD attorneys Saji Pierce and Ayriel Bland and said a copy of the lawsuit she provided to the District could be requested under the Public Records Act or from her. Ms. Rivera also commented on the Board commendation for retired General Counsel Craig Spencer; and 3) Nick Lawrence commented on an email he sent to the Board regarding concerns with the fire hydrant on Tappan Terrace in Orinda.
General Manager Clifford C. Chan said staff will provide an update to the Board regarding Mr. Lawrence’s concerns.
President Linney reiterated the Board will receive an update on the dependent verification audit process.
CONSENT CALENDAR
- Items 8 and 9 were pulled from the Consent Calendar for discussion.
• Motion by Director Young, seconded by Director Coleman to approve the recommended actions for Items 1-7 on the Consent Calendar carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
1. Motion No. 122-21 – Approved the Regular Meeting Minutes of June 22, 2021.
2. The following correspondence was filed with the Board: 1) Email dated July 12, 2021 from Nick Lawrence regarding hydrant repair on Tappan Terrace in Orinda; 2) Email dated July 12, 2021 from EBMUD employee Geoffrey Snyder to the EBMUD Board of Directors regarding the District’s dependent verification audit being conducted by BMI Audit Services; 3) Attachment 1 – Delinquent EBMUD Charges for Transfer to the Alameda County 2021-2022 Property Tax Roll (for Agenda Items 11.1-11.2); 4) Attachment 2 – Delinquent EBMUD Charges for Transfer to the Contra Costa County 2021-2022 Property Tax Roll (for Agenda Items 11.1-11.2); 5) Presentation entitled, “20-Year Anniversary of the Resource Recovery (R2) Program,” dated July 13, 2021; 6) Presentation entitled “Drought Update,” dated July 13, 2021;
Regular Meeting Minutes of July 13, 2021 Page 4 of 10
7) Presentation entitled “Coronavirus Update,” dated July 13, 2021; 8) Presentation entitled, “Wet Weather Facilities Charge on 2021-2022 Property Tax Rolls,” dated July 13, 2021; 9) Affidavit of Posting dated August 2, 2021 for the Notice of Public Hearing on “The Collection by East Bay Municipal Utility District of Unpaid Delinquent Charges Through Property Tax Bills for Multi-Family Accounts and Filing of Report”; and 10) Affidavit of Posting dated August 2, 2021 for the Notice of Public Hearing to “Consider a Resolution Ordering the Wet Weather Facilities Charges to be Collected on the Property Tax Roll.”
3. Motion No. 123-21 – Awarded a contract to the lowest responsive/responsible bidder, Advanced Integrated Solutions, Inc. for the renewal of IBM Maximo Asset Management software licenses with software subscription and support for one year, beginning on or after August 1, 2021, with two options to renew for additional one-year periods for a total cost, including option years, not to exceed $336,213 under Request for Quotation No. 2110.
4. Motion No. 124-21 – Awarded a contract to the lowest responsive/responsible bidder, STAT Delivery Service, Inc., for providing courier services for two years, beginning on or after July 14, 2021, with three options to renew for additional one-year periods for a total cost, after the addition of taxes, including options years, not to exceed $334,362 under Request for Quotation No. 2111.
5. Motion No. 125-21 – Authorized an agreement beginning on or after July 13, 2021 with Examinetics, Inc. for $135,000 for five years for mobile onsite and online health services.
6. Motion No. 126-21 – Authorized an amendment to the agreement executed on September 13, 2018, with the University of California at Davis to increase the agreement amount to a total amount not to exceed $172,530 for completion of a study on the water and energy savings associated with Advanced Metering Infrastructure, and analysis of reductions in distribution system leaks during the COVID-19 shelter-in-place.
7. Motion No. 127-21 – Authorized the General Manager to cast a ballot on behalf of the District in support of the formation of the Oakland Chinatown Community Benefit District.
8. Resolution No. 35236-21 – Appointing Jennella Sambour-Wallace as Diversity and Inclusion Officer.
General Manager Chan introduced Ms. Sambour-Wallace and highlighted her educational and professional background. Ms. Sambour-Wallace thanked the Board for the opportunity and said she is excited to bring her expertise to the District. Director Mellon asked to consider placing future appointments under the Determination and Discussion section of meeting agendas.
• Motion by Director Young, seconded by Director Coleman to approve the recommended action for Item 8 carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
Regular Meeting Minutes of July 13, 2021 Page 5 of 10
9. Resolution No. 35237-21 – Commending Craig S. Spencer as General Counsel of the East Bay Municipal Utility District, on the Occasion of His Retirement, for His Twenty-Six Years of Exceptional Service.
President Linney announced that after 26 years of service, General Counsel Craig S. Spencer would be retiring from the District. He said that while Mr. Spencer would officially retire effective September 1, 2021, his last day in the office was June 9. President Linney introduced the resolution commending Mr. Spencer for his service and legal guidance over the years in various areas including strategic planning, water rights, water quality, finance, rates and charges, and environmental stewardship. Additionally, his strong negotiation and litigation skills have been beneficial to the District and its ratepayers. Each Board member thanked Mr. Spencer for his years of service and guidance on various complex legal issues and wished him well in retirement. Mr. Spencer thanked the Board for their support, leadership, and respect for staff; acknowledged General Manager Chan and former General Managers for their support; and thanked his past and present colleagues in the Office of General Counsel.
• Motion by Director Coleman, seconded by Director Patterson to approve the recommended action for Item 9 carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
PUBLIC HEARING
10.1 Conduct a public hearing and take actions related to the collection of the Fiscal Year 2022 (FY22) Wet Weather Facilities Charge (WWFC) on the property tax rolls of Alameda and Contra Costa counties.
President Linney opened the public hearing at 2:14 p.m. He announced the hearing is to consider objections and protests to EBMUD’s written report describing each parcel of real property subject to the WWFC to be collected on the 2021-2022 property tax rolls for EBMUD’s FY22 and the amount of the WWFC to be imposed on each parcel. He highlighted the process for lodging a valid protest during the public hearing in light of the COVID-19 pandemic. President Linney stated all written protests must be received before the close of the public hearing.
Director of Wastewater Eileen M. White presented an overview of the District’s wastewater collection system and treatment processes and explained how the WWFC funds capital expenses for the District’s inflow and infiltration facilities (including wet weather facilities, interceptors, pumping stations and storage basins). For 2021-2022, the WWFC totals approximately $29.3 million and represents 20 percent of total revenue for the Wastewater System. She reviewed the procedural requirements outlined in the State’s Health and Safety Code (H&SC) that authorize the District to collect the WWFC on the counties’ property tax rolls. In compliance with H&SC section 5473, staff filed a report with the Secretary of the District on June 10, 2021 that contains the parcel number and amount of the charge for each parcel. In accordance with California Government Code section 6066, the District published notices of the public hearing in the Oakland Tribune and West County Times on June 18 and June 25. Ms. White said staff is recommending the Board consider approving the actions outlined in agenda Items 10.2a-10.2d. If approved (by two-thirds of the members of the Board as outlined in the H&SC), the Secretary of the District will file a copy of the report with the auditors of Alameda and Contra Costa counties on or before August 10.
Regular Meeting Minutes of July 13, 2021 Page 6 of 10
President Linney called for Board questions. The Board raised no questions. Next, he called for public comment. There was no public comment.
President Linney announced the District did not received any protests to the written report and closed the public hearing at 2:21 p.m.
- Director Mellon left the meeting at 2:14 p.m. and returned at 2:16 p.m.
10.2a- Adopt EBMUD’s written Report describing each parcel of real property subject to the 10.2d Wet Weather Facilities Charge by at least two-thirds of the members of the Board (i.e., by five Board members); authorize the District to collect the Wet Weather Facilities Charge on the Fiscal Year 2021-2022 property tax rolls of Alameda and Contra Costa counties; authorize District staff to adjust the FY22 Wet Weather Facilities Charge for any affected parcels as new information is provided by the counties; and direct the Secretary of the District to file a copy of the Report on or before August 10, 2021 with the Alameda County Auditor and the Contra Costa County Auditor.
• Motion by Director McIntosh, seconded by Director Patterson to approve the recommended actions for Item 10.2a-10.2d carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
Resolution No. 35238-21 – Adopting the Report of the East Bay Municipal Utility District Wet Weather Facilities Charge and Directing the Secretary to File Said Report with the Alameda County Auditor and the Contra Costa County Auditor and to Request the Auditors to Place the Fiscal Year 2022 Wet Weather Facilities Charge on the Property Tax Rolls.
PUBLIC HEARING
11.1 Conduct a public hearing to consider objections and protests to the General Manager’s report to Transfer Delinquent EBMUD Charges to the 2021-2022 Property Tax Rolls.
President Linney opened the public hearing at 2:24 p.m. He announced the hearing is to consider objections and protests to the General Manager’s report to Transfer Delinquent EBMUD Charges to the 2021-2022 Property Tax Rolls. He stated staff is available to assist customers calling on the teleconference line with their accounts. He asked if there was anyone on the teleconference line to lodge an objection or protest to the actions being considered by the Board. There was no one on the teleconference line to lodge an objection or protest. President Linney closed the public hearing at 2:25 p.m.
11.2 Adopt the General Manager’s report dated June 8, 2021 and authorize the General Manager to exclude from the report any affected parcels or amounts as appropriate, including those that the District receives payment for on or before August 10, 2021, the date in which reports will be sent to Alameda and Contra Costa counties. A summary of the final Report will be included in the August 2021 General Manager’s monthly report.
• Motion by Director Mellon, seconded by Director Young to approve the recommended actions for Item 11.2 carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None). Regular Meeting Minutes of July 13, 2021 Page 7 of 10
Resolution No. 35239-21 – Approving Transfer of Unpaid Delinquent Charges to Alameda and Contra Costa Counties’ 2021-2022 Property Tax Rolls.
DETERMINATION AND DISCUSSION
12. Legislative Update.
Manager of Legislative Affairs Marlaigne K. Dumaine provided an overview of three bills in Legislative Report No. 07-21. AB 1066 (Bloom) as amended on June 24, 2021, is consistent with EBMUD’s mission and is intended to protect public health by providing a path to establish an inland water recreation site water quality monitoring program. SB 222 (Dodd) would establish the Water Rate Assistance Program to provide water affordability assistance for both drinking water and wastewater services to low-income ratepayers and is generally intended to implement recommendations in the State Water Resources Control Board’s Low- Income Water Rate Assistance Final Report. Regarding Budget Trailer Bill (TBD), Ms. Dumaine reported that since 2018, SupplyBank.Org has been working to meet California Environmental Quality Act (CEQA) requirements and obtain the necessary construction permits from the City of Oakland for the Oakport Street Project. The project, located on the District’s Oakport property in Oakland, is led by SupplyBank.Org and would develop a distribution center for emergency supplies, a non-profit office space hub, and land improvements and shared warehouse space for EBMUD. SupplyBank.Org is seeking statutory clarification that the transportation analysis required under CEQA is complete. If the Board approves the Legislative Report, the District will send a letter from the Board to Senator Skinner and Assemblymember Ting in support of SupplyBank.Org and the Oakport Street Project. Legislative/Human Resources Committee Chair John A. Coleman reported the Committee met earlier in the day and supported the staff recommendations for the Legislative Report and encouraged the Board to sign the letter in support of SupplyBank.Org. Ms. Dumaine responded to Board questions regarding the proposed amendments staff is seeking for SB 222. Next, she provided an update on state and federal activities including actions related to and funding sources for COVID-19 relief. She also reported Representative Eric Swalwell submitted a request to the House Appropriations subcommittees for the District to receive $3.5 million in federal funding for the Upper San Leandro (USL) Water Treatment Plant Maintenance and Reliability and USL and Sobrante Chemical System Safety Improvements Project. The project was one of nine community projects submitted for funding by Representative Swalwell. Senator Padilla’s office has indicated to staff that he is also pursuing a funding request for the project. Staff hosted a tour of the USL Water Treatment Plant for Representative Swalwell on July 12. Manager of Customer and Community Services Andrew L. Lee responded to Board questions on District outreach to customers about the state funding for utility bill arrearages.
• Motion by Director Coleman, seconded by Director Patterson to approve the recommended actions for Item 12 carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
Regular Meeting Minutes of July 13, 2021 Page 8 of 10
Motion No. 128-21 – Received Legislative Report No. 07-21 and approved positions on the following bills: 1) SUPPORT AB 1066 (Bloom) Priority Inland Water-Contact Recreation Sites: Water Quality Monitoring; 2) SUPPORT IF AMENDED SB 222 (Dodd) Water Rate Assistance Program; and 3) SUPPORT Budget Trailer Bill (TBD) SupplyBank: Oakport Street Project: Clarifying Language: Transportation; and received information on State and Federal Government Actions Related to the Coronavirus Disease 2019 (COVID-19).
- Director Mellon left the meeting at 2:54 p.m. and returned at 2:55 p.m. - Director McIntosh left the meeting at 2:57 p.m. and returned at 2:58 p.m.
13. Appoint an Ad Hoc Committee to negotiate amendments to the employment agreement with the General Manager.
President Linney announced that consistent with past practice, the Board is being asked to appoint three members to serve on the Ad Hoc Committee to negotiate amendments to the employment agreement with the General Manager.
• Motion by Director Coleman, seconded by Director Young to approve the recommended action for Item 13 carried (7-0) by the following voice vote: AYES (Coleman, Katz, McIntosh, Mellon, Patterson, Young, and Linney); NOES (None); ABSTAIN (None); ABSENT (None).
Motion No. 129-21 – Appointed President Doug A. Linney, and Directors John A. Coleman and Lesa R. McIntosh to the Ad Hoc Committee to negotiate amendments to the employment agreement with the General Manager based on his 2021 performance evaluation.
14. General Manager’s Report.
2021 Drought Update
Engineering Manager Lena L. Tam reported the District’s end of September storage projection remains at 425,000 acre-feet (AF) under median conditions and said the Department of Water Resource’s Bulletin 120 forecast for total runoff is still 219,000 AF under median conditions. On Thursday, July 8, Governor Newsom asked California residents to voluntarily reduce their water use by 15 percent. The District will begin diverting its Central Valley Project (CVP) allocation (33,250 AF or 25 percent of the annual allocation) on September 15, 2021. She highlighted the District’s Drought Plan which is designed to address multi-year droughts and Senior Public Information Representative Andrea A. Pook provided an overview of how the District is responding to taste and odor impacts that may result from changes in the water supply. Staff is proactively communicating with customers; providing updates on supply changes and potential taste and odor events on the District’s social media platforms and website; and will continue assessing and developing thresholds to use various communication tools to notify customers. Manager of Water Conservation Alice E. Towey reviewed drought messaging activities and said the District is launching its digital and print advertising campaign, “Make Every Drop Count.” Ads will be placed on the web, social media platforms, in newspapers, and on two Clear Channel billboards and in transit shelters. The District is also launching a new “Lawn to Garden Super Rebate” pilot program which offers $1.50 per square foot of lawn replaced if customers incorporate at least three of the best practices outlined in the program requirements. Ms. Towey said the pilot is being promoted on social media and staff has conducted 63 interviews with local media concerning drought in 2021. The next presentation in the Water Wednesday Speaker Regular Meeting Minutes of July 13, 2021 Page 9 of 10
Series will be held on July 21 and will cover the District’s goal of a 10 percent reduction in water usage. Staff responded to questions from the Board regarding potential barriers or issues to the District’s schedule to divert its CVP allocation in September; algae blooms and taste and odor events; and how the District uses ozone to mitigate taste and odor issues. The Board asked staff to highlight how the District is investing in various strategies to address taste and odor issues during outreach; schedule a drought presentation with the City of Orinda; provide the Board with a copy of the drought presentation staff uses at community and council meetings; advise if moving fish to District reservoirs will assist with salmon returns; and to provide the access information for the July 21 Water Wednesday Speaker Series webinar.
Coronavirus Update
Director of Operations and Maintenance David A. Briggs presented an overview of the most recent State regulations and guidance noting that many safety protocols related to occupancy limits, social distancing, carpooling, mask wearing, and travel restrictions have been rescinded. While many safety protocols have been rescinded, he reported the State’s emergency declaration and many Executive Orders remain in effect. He reviewed the number of positive COVID-19 cases at the District to date; the latest data on employee and service area counties’ vaccination rates; and the status of the Safe Return to Workplace Plans for staff and the Board. The Board asked for information on the District’s financial and legal obligations for employees who choose not to get vaccinated and contract COVID-19.
The Six-Month Forecast and Summary of Board Committee and Workshop Agenda Topics for 2021 and General Manager’s June 2021 Monthly Report were provided to the Board in their agenda packets.
REPORTS AND DIRECTOR COMMENTS
15. Committee Reports.
- Filed with the Board were the Minutes for the June 22, 2021 Redistricting Ad Hoc and Finance/Administration Committees.
- Planning Committee Chair Marguerite Young reported the Committee met earlier in the day and received updates on the Pipeline Rebuild Program, Trail User Permit Review, and Excessive Water Use Penalty Ordinance Amendment. Due to time constraints, the Research and Innovation at EBMUD update was deferred to August.
- Legislative/Human Resources Committee Chair John A. Coleman reported the Committee met earlier in the day and received an update on Legislative Report No. 07-21 as well as information on State and Federal Government actions related to COVID-19.
16. Other Items for Future Consideration.
None.
Regular Meeting Minutes of July 13, 2021 Page 10 of 10
17. Director Comments.
- Director Coleman reported on plans to attend the United States Army Corps of Engineers Change of Command Ceremony in Sausalito on July 15 and present a drought update to the San Ramon City Council on July 30 (remotely). Director Coleman also noted the passing of former California state Senator and Assemblyman Dick Rainey.
- Director Mellon noted the passing of Fred Zehnder, publisher of the San Leandro Times and the Castro Valley Forum, and longtime KTVU news director.
- Director Patterson noted the passing of retired area Superior Court Judge John Sutter who also served as Oakland’s vice mayor and as a Director on the East Bay Regional Park District Board.
- Directors Katz, McIntosh, and Young, and President Linney had no reports.
ADJOURNMENT
President Linney announced today’s meeting would be adjourned in memory of Honorable Judge John Sutter who was a lifelong conservation champion and dedicated most of his life to advocating for environmental stewardship and public access to open space. He served on the East Bay Regional Park District’s Board of Directors for 20 years (1996-2016) and was one of the co-founders of Citizens for Parks, now known as the Greenbelt Alliance. Judge Sutter passed away in May 2021, just seven months after a 22-acre regional shoreline park was dedicated in his honor.
President Linney adjourned the meeting in memory of Honorable Judge John Sutter at 3:40 p.m.
SUBMITTED BY:
______Rischa S. Cole, Secretary of the District
APPROVED: August 10, 2021
______Doug A. Linney, President of the Board
W:\Board of Directors - Meeting Related Docs\Minutes\Minutes 2021\2021 Regular\071321_regular_minutes.docx
AGENDA NO. 3. MEETING DATE August 10, 2021
TITLE FLANGED NIPPLES
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, Lucero Manufacturing, for supplying flanged nipples for three years, beginning on or after August 11, 2021 with two options to renew for additional one-year periods for a total cost, after the addition of taxes, including option years, not to exceed $3,676,345 under Request for Quotation No. 2108A.
SUMMARY
Flanged nipples are used in the District’s water distribution system to install gate valves or any other item that needs to be bolted. The District is not committed to purchase any specific quantity of the material described in the contract; purchases will be made to meet actual District requirements. The procurement of this item supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.
VENDOR SELECTION
A request for quotations was posted on the District’s website, sent to three resource organizations and to 23 potential bidders and advertised in the Oakland Tribune. Four bids were received. Lucero Manufacturing was the lowest responsive/responsible bidder.
SUSTAINABILITY
Economic
Funding for this purchase is available in the FY22/23 adopted operating and capital budgets. Funding for the additional years will be considered as part of the associated budget development process.
Environmental
Lucero Manufacturing has reduced welding fumes within the environment by using fume extractors to reduce levels of air pollution; is using recycled dry goods and reused materials where possible within operations; and is utilizing vendors who have priorities to reduce environmental impacts.
Funds Available: FY22/23 Budget Coding: VAR/VAR/VAR Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Finance Sophia D. Skoda General Manager Attachment(s): P-035; P-061
02012021 Flanged Nipples August 10, 2021 Page 2
ALTERNATIVES
Purchase material on the open market when replenishment of inventory is required. This alternative is not recommended because the District would not be taking advantage of the economies of scale which are realized in long-term bulk contractual procurements such as this.
Conduct a competitive bid process annually. This alternative is not recommended because the cost of competition to both the District and the vendor community, and improved pricing is not likely at this time.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\FIN\Flanged Nipples.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Materials and Supplies - RFQ No.: 2108A July 22, 2021 Flanged Nipples
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Local / Small Lucero Manufacturing Business Availability Group Contracting Objectives Participation Hayward, CA 94545
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 0.0% PRICE: Ethnicity Gender White Women 2% 0.0%
$735,269/yr.* Hispanic Men Ethnic Minorities 25% 100.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit
PRIME: Lucero Manufacturing $735,269 Hispanic X 100.0% SUBS: None
TOTAL $735,2690.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 0 0 1
Percent of Total Employees: 0.0% 0.0% 100.0% 1
MSA Labor Market %: 24.5% 21.6% 53.9%
MSA Labor Market Location: Alameda COMMENTS
Contract Equity Participation: 100% Ethnic Minority participation
Contract Duration: Three-Year Contract with 2 One-Year Renewal Options
*Total not to exceed: $3,676,345
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 4534_M AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Flanged Nipples B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3
Materials and Supplies - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 RFQ No.: 2108A 7/22/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B HA/PI AI/AN TOTAL PERCENT MSA % and Phone Number
RPEMM: H - L/SBE Company Wide 0 1 0 0 1 100.0% 53.9% Lucero Manufacturing Manager/Prof 0 1 0 0 1 100.0% Rafael Lucero Technical/Sales 000000.0% 3643 Depot Road Clerical/Skilled 000000.0% Hayward, CA 94545 Semi/Unskilled 000000.0% Bay Area 0 1 0 0 1 100.0% 39.9% 510-714-0206 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: Alameda # Employees-Co. Wide: 1 Bay Area: 1
PWW: SBE Company Wide 0 27 0 0 27 75.0% 51.1% Southland Pipe Corp. Manager/Prof 0 3 0 0 3 37.5% Lisa Cartwright Technical/Sales 000000.0% 17220 Mojave Street Clerical/Skilled 0 20 0 0 20 95.2% Hesperia, CA 92345 Semi/Unskilled 0 4 0 0 4 100.0% Bay Area 0 0 0 0 0 0.0% 39.9% 909-873-3820 Co. Wide MSA: San Bernadino # Employees-Co. Wide: 36 Bay Area: 0 PWM Company Wide Imperial Pipe Services, LLC Manager/Prof Technical/Sales 12375 Brown Avenue Clerical/Skilled INFORMATION NOT PROVIDED Riverside, CA 92509 Semi/Unskilled Bay Area 951-682-3307 Co. Wide MSA: PWM: L/SBE Company Wide 1 1 0 0 2 15.4% 37.3% Capital Flow Inc. Manager/Prof 000000.0% Derek Burk Technical/Sales 000000.0% 7640 Wilbur Way, #2 Clerical/Skilled 1 1 0 0 2 66.7% Sacramento, CA 95828 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 - NA 39.9% 916-540-7884 Co. Wide MSA: Sacramento # Employees-Co. Wide: 13 Bay Area: 0
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
P-061 - 7/11) Page: 1 of 1 File: Proposal - 4534_M
AGENDA NO. 4. MEETING DATE August 10, 2021
TITLE MAIN WASTEWATER TREATMENT PLANT POWER GENERATION STATION EMERGENCY GENERATOR PURCHASE
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, Cummins, Inc., for supplying one diesel generator for the Main Wastewater Treatment Plant (MWWTP) Power Generation Station (PGS) for a total cost, after the addition of taxes, not to exceed $99,950 under Request for Quotation No. 2116.
SUMMARY
This contract includes the purchase of one diesel generator to provide greater reliability for standby electricity to the PGS when a backup power source is needed. The 275 kilowatts (kW) standby generator will be installed on and anchored to a concrete pad at the PGS site.
DISCUSSION
There are three internal combustion engines at the PGS that use biogas to generate clean electricity and can provide roughly 50 percent of the electricity needs of the MWWTP. Since July 1, 2019, there have been 11 recorded power outages affecting the MWWTP for a total outage time of approximately 14 hours. In March 2021, the District was awarded a $300,000 grant from the California Office of Emergency Services (Cal OES) to purchase and install a backup diesel generator at the PGS to improve the ability to start one of the internal combustion engines when Pacific Gas & Electric power is not available.
This new diesel generator will replace the existing, undersized 150 kW backup diesel generator that was installed in the 1990s. Replacing the generator will reduce impacts from power outages and improve reliability. This contract supports the District’s Long-Term Infrastructure Investment Strategic Plan goal to meet operational needs and reliability goals by effectively maintaining the infrastructure.
VENDOR SELECTION
A request for quotations was posted on the District’s website, sent to 126 potential proposers, and advertised in the Oakland Tribune. Five bids were received. Cummins, Inc. was the lowest responsive/responsible bidder. Funds Available: FY22/23, CIP #2014086, Page 64 Budget Coding: 928/7999/2014725/5521 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Wastewater Eileen M. White General Manager Attachment(s): P-035; P-061
02012021 Main Wastewater Treatment Plant Power Generation Station Emergency Generator Purchase August 10, 2021 Page 2
SUSTAINABILITY
Economic
Funding for this purchase is available in the FY22/23 adopted capital budget for the General Wastewater Project. Funding for this purchase is supported by a grant from Cal OES under its FY20 Community Power Resiliency Allocation to Special Districts Program.
Social
The new generator will meet current air emissions requirements and the lower emissions will help improve air quality in the West Oakland community.
Environmental
The new diesel generator will meet the current emissions requirements for stationary compression ignition engines.
ALTERNATIVE
Do not proceed with purchase. This alternative is not recommended because the existing standby generator is undersized for the PGS and the District would forfeit the grant funding secured for this replacement.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\WW – MWWTP PGS Emergency Generator Purchase.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Materials and Supplies - RFQ No.: 2116 Main Wastewater Treatment Plant Power Generation Station Emergency July 22, 2021 Generator Purchase
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Local Business Cummins, Inc. Availability Group Contracting Objectives Participation San Leandro, CA 94577
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 0.0% PRICE: Ethnicity Gender White Women 2% 0.0%
$99,950 * Publicly Held - Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit
PRIME: Cummins, Inc. $99,950 PHC 100.0% SUBS: None
TOTAL $99,950 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees:
Percent of Total Employees: INFORMATION NOT PROVIDED MSA Labor Market %:
MSA Labor Market Location: COMMENTS
Contract Equity Participation - Zero Contract Equity participation since firm is Publicly Held.
*Total not to exceed: $99,950
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 4533_M AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Main Wastewater Treatment Plant Power Ethnic Minority Percentages From U.S. Census Data Generation Station Emergency Generator B H A/PI AI/AN TOTAL Purchase National 10.5 10.7 3.7 0.7 27.3
Materials and Supplies - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 RFQ No.: 2116 7/22/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, B H A/PI AI/AN TOTAL PERCENT MSA % Address, and Phone Number
RP PHC: LBE Company Wide Cummins, Inc. Manager/Prof Michaela Turicka-Johnson Technical/Sales 14775 Wicks Blvd. Clerical/Skilled INFORMATION NOT PROVIDED San Leandro, CA 94577 Semi/Unskilled (Local Office) Bay Area 651-787-6067 AA Plan on File: Co. Wide MSA:
P WM: L/SBE Company Wide 0 3 1 0 4 44.4% 27.3% Power Gen Inc. Manager/Prof 000000.0% Victor Poley Technical/Sales 0 2 1 0 3 42.9% 300 West Larch Road, #4 Clerical/Skilled 0 1 0 0 1 50.0% Tracy, CA 95304 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 209-229-1990 Co. Wide MSA: Total USA # Employees-Co. Wide: 9 Bay Area: 0 P WM Company Wide 3 25 1 0 29 27.1% 2.0% Bay City Industries, Inc.dba Manager/Prof 0 6 1 0 7 25.9% Bay City Electric Works Gabby Duran Ramirez Technical/Sales 1 3 0 0 4 21.1% 13625 Danielson Street Clerical/Skilled 2 16 0 0 18 31.6% Poway, CA 92064 Semi/Unskilled 000000.0% Bay Area 1 3 0 0 4 21.1% 39.9% 619-780-5276 Co. Wide MSA: California # Employees-Co. Wide: 107 Bay Area: 19 P WM: L/SBE Company Wide 5 3 1 0 9 28.1% 37.3% Aviate Enterprises, Inc. Manager/Prof 2 2 0 0 4 22.2% Timothy Devine Technical/Sales 0 0 1 0 1 20.0% 5844 Price Avenue Clerical/Skilled 2 1 0 0 3 50.0% McClellan, CA 95652 Semi/Unskilled 1 0 0 0 1 33.3% Bay Area 0 0 0 0 0 0.0% 39.9% 916-993-4000 Co. Wide MSA: Sacramento # Employees-Co. Wide: 32 Bay Area: 0 P WW: SBE Company Wide 0 3 0 0 3 13.0% 23.4% Ramsay-Bliese Corp. dba Leete Manager/Prof 000000.0% Generators Joseph Netter Technical/Sales 0 3 0 0 3 30.0% 3360 McMaude Place Clerical/Skilled 000000.0% Santa Rosa, CA 95407 Semi/Unskilled 000000.0% Bay Area 0 3 0 0 3 13.0% 39.9% 707-545--0484 Co. Wide MSA: Sonoma # Employees-Co. Wide: 23 Bay Area: 23 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: Proposal - 4533_M
AGENDA NO. 5. MEETING DATE August 10, 2021
TITLE PURCHASE OF LIQUID CARBON DIOXIDE STORAGE TANK AND VAPORIZER SYSTEMS
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER
ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, Chart Inc., for supplying three liquid carbon dioxide storage tank and vaporizer systems for the Orinda, Lafayette, and Walnut Creek Water Treatment Plants (WTPs), beginning on or after August 13, 2021 for a total cost, after the addition of taxes and fees, not to exceed $1,658,410 under Request for Quotation No. 2117.
SUMMARY
The three carbon dioxide storage and vaporization systems will be installed at the inline WTPs at Orinda, Lafayette, and Walnut Creek as part of the Raw Water Treatment Facilities Improvement Project. These systems will be installed under an upcoming contract for Inline WTPs Carbonic Acid Storage and Feed Control Systems (Specification 2137). This item was discussed at the June 9, 2020 Planning Committee meeting.
DISCUSSION
Water from Pardee Reservoir is conveyed over 90 miles through the raw water aqueducts before entering the District’s treatment plants and transmission system. The low-alkalinity water from Pardee Reservoir contributes to the degradation of cement mortar lining in the Mokelumne aqueducts. The District conducted a corrosion optimization study to evaluate the condition of the aqueducts and develop options to extend the life of the aqueducts. The recommendations included the addition of carbonic acid and lime at Pardee Reservoir and carbonic acid at the inline WTPs.
The liquid carbon dioxide storage tank and vaporizer systems store the liquid carbon dioxide and then convert liquid carbon dioxide to carbon dioxide gas. Carbon dioxide gas is used by carbonic acid dissolution feed and pH control systems to form a carbonic acid solution. Installing these systems will provide the capability to inject carbonic acid and adjust the pH of the raw water at the inline WTPs to maintain operational performance and improve disinfection.
Funds Available: FY22/23, CIP # 2003494; Page # 17 Budget Code: WSC/557/7999/5561/2014118 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Engineering and Construction Olujimi O. Yoloye General Manager Attachment(s): Bid Summary; P-035; P-061
02012021 Purchase of Liquid Carbon Dioxide Storage Tank and Vaporizer Systems August 10, 2021 Page 2
The purchase of the carbon dioxide storage and vaporization systems is necessary due to the long lead time for fabrication and delivery of the equipment. Pre-purchasing the equipment will also facilitate integration of the vendor's design with the final design of facility improvements under Specification 2137, thereby reducing construction risk. This procurement supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.
VENDOR SELECTION
A request for quotations was posted on the District’s website, sent to 23 potential proposers, and advertised in the East Bay Times. One bid was received from Chart, Inc. The District has reviewed the proposal and determined it to be a responsive bid with a price that is reasonable and comparable to other municipal installations. The bid summary is attached.
SUSTAINABILITY
Economic
Funding for this purchase is available in the FY22/23 adopted capital budget for the Mokelumne Aqueducts No. 2 and 3 Relining Project. This project will extend the life of the Mokelumne Aqueduct linings.
Environmental
A California Environmental Quality Act Notice of Exemption was posted on CEQAnet Web Portal and ebmud.com on May 14, 2020, pursuant to Executive Order N-54-20.
ALTERNATIVES
Postpone purchase of liquid carbon dioxide storage tank and vaporizer systems. This alternative is not recommended because the systems are integral to the District’s corrosion control approach for the raw water system. Postponing the purchase would delay the aqueduct relining project and delay operational changes required to extend the life of the raw water system and distribution system.
Reject all bids and rebid the work. This alternative is not recommended because the District engaged in a fair bid process.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\ECD Liquid Carbon Dioxide Storage Tank and Vaporizer Systems.docx
EAST BAY MUNICIPAL UTILITY DISTRICT RFQ 2117 LIQUID CARBON DIOXIDE STORAGE TANK AND VAPORIZER SYSTEMS
Bids Opened June 30, 2021
BIDDER TOTAL BID AMOUNT
1. Chart Inc. $ 1,511,080 (before taxes)
$ 1,658,410 (including taxes)
Engineer’s Estimate (before taxes): $1,090,000
THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Materials and Supplies - RFQ No.: 2117 Purchase of Liquid Carbon Dioxide Storage Tank and Vaporizer Systems August 3, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Sole Bidder Chart Inc. Availability Group Contracting Objectives Participation Ball Ground, GA 30107
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 0.0% PRICE: Ethnicity Gender White Women 2% 0.0%
$1,658,410 * Publicly Held - Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non M W Unclassified Foreign Men Women Minorities Held Corp. Profit PRIME: Chart Inc. $1,658,410 PHC 100.0% SUBS: None
TOTAL $1,658,410 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 1,331 262 503
Percent of Total Employees: 63.5% 12.5% 24.0% 2,096
MSA Labor Market %: 39.0% 33.7% 27.3%
MSA Labor Market Location: Total USA COMMENTS
Contract Equity Participation - Zero Contract Equity participation since firm is Publicly Held.
*Total not to exceed: $1,658,410
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 2 AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Purchase of Liquid Carbon Dioxide Storage B H A/PI AI/AN TOTAL Tank and Vaporizer Systems National 10.5 10.7 3.7 0.7 27.3
Materials and Supplies - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 RFQ No.: 2117 03.08.2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number
RP PHC Company Wide 228 253 114 15 610 29.1% 27.3% Chart Inc. Manager/Prof 19 35 32 3 89 13.2% Amy Powers Technical/Sales 9 11 5 3 28 22.0% 3055 Torrington Drive Clerical/Skilled 134 104 58 8 304 33.0% Ball Ground, GA30107 Semi/Unskilled 66 103 19 1 189 50.4% Bay Area 0 0 0 0 0 0.0% 39.9% 216-408-7778 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: Total USA # Employees-Co. Wide: 2,096 Bay Area: 0
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 2 of 2 File: Proposal -
AGENDA NO. 6. MEETING DATE August 10, 2021
TITLE SUMMIT PRESSURE ZONE SOUTH PIPELINE REPLACEMENT, PHASE 1
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, Cratus, Inc., in an amount not to exceed $8,262,025 for construction of Summit Pressure Zone South Pipeline Replacement, Phase 1 under Specification 2173.
SUMMARY
Work includes furnishing and installing approximately 1.3 miles of 12- to 36-inch diameter steel and high-density polyethylene pipeline including all connection piping, appurtenances, and fittings and pavement restoration; installing approximately 1.7 miles of fiber optic monitoring cables; and performing related required work in the cities of Berkeley and Oakland.
DISCUSSION
The Summit Pressure Zone South Pipeline Replacement Project was recommended as part of the Summit Pressure Zone (PZ) Planning Program Study in April 2005 to replace undersized transmission pipelines in the southern portion of Summit PZ, realign critical pipelines outside of the Hayward Fault Zone, and replace and monitor portions of these pipelines within the Hayward Fault Zone.
The District partnered with the University of California, Berkeley to develop an innovative method for utilizing fiber optic technology on this project to measure pipeline strain. The pipelines within the Hayward Fault Zone will be installed with fiber optic monitoring cables affixed to the exterior of the pipe and laid loosely in the pipe trench, which will be used to measure and monitor future pipeline strain and pipe/soil interactions at the Hayward Fault crossing. The data will be used to inform future asset management decisions.
The project has two additional future phases: Phase 2 consists of the replacement of 1.6 miles of 24-inch diameter pipeline in Berkeley and Oakland, and Phase 3 consists of the construction of the new Lawrence Reservoir in Berkeley and approximately one mile of 24-inch diameter pipeline in Berkeley. This project supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.
Funds Available: FY22/23, CIP 1006298; Page 14 Budget Coding: 570/7999/5561/2012628 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Engineering and Construction Olujimi O. Yoloye General Manager Attachment(s): Location Map; Bid Summary; P-035; P-061
02012021 Summit Pressure Zone South Pipeline Replacement, Phase 1 August 10, 2021 Page 2
BID RESULTS
Bid documents were posted on the District’s website and issued to 21 resource organizations and 24 prospective bidders. Seven bids were received, ranging from $8,262,025 to $14,376,798.75. The bid summary is attached. The engineer’s estimate for this work is $7,678,934. Bids were higher than the engineer’s estimate due to uncertainties in market conditions with respect to labor availability and materials costs. The construction industry experienced a materials cost spike due to slowdowns in production during the pandemic followed by high demand. Although prices for some commodities are stabilizing, they remain high with significant uncertainty on future costs and availability, thus bids have remained high.
The lowest responsive/responsible bidder, Cratus, Inc., is licensed to perform work in California, and is not on the State Department of Industrial Relations (DIR) debarment list. Cratus, Inc. and its listed subcontractors are properly registered with the State DIR. In the past five years, Cratus, Inc. has not filed a Government Code Claim nor initiated any litigation against the District.
SUSTAINABILITY
Economic
Funding for this work is available in the FY22/23 adopted capital budget for the Large Diameter Pipelines Project.
Social
Work under this contract is subject to the payment of current prevailing wages according to determinations for each craft as established by the DIR of the State of California.
Local 444 was notified of this work on August 17, 2020 and did not raise any specific issues related to this contract.
Environmental
Three California Environmental Quality Act Notices of Exemption were posted on CEQAnet Web Portal and ebmud.com on January 15, 2021, pursuant to Executive Order No. 80-20
ALTERNATIVES
Do not perform the work. This alternative is not recommended because the work is needed to improve water service reliability.
Perform the work with District forces. This alternative is not recommended because District forces are committed to other higher priority pipeline replacement projects and do not typically perform work on larger diameter pipelines.
I:\SEC\2021 Board Related Items\081021 Board Agenda Items\ECD Summit Pressure Zone South Pipeline Replacement, Phase 1.docx
THIS PAGE INTENTIONALLY LEFT BLANK EAST BAY MUNICIPAL UTILITY DISTRICT SPECIFICATION 2173 SUMMIT PRESSURE ZONE SOUTH PIPELINE REPLACEMENT PHASE 1 Bids Opened July 14, 2021
TOTAL AMOUNT BIDDER BID
Cratus, Inc. (SBE/DVBE) 945 Taraval St., #302 1. $8,262,025 / $8,112,025* San Francisco, CA 94116 (415) 939-2840
Mountain Cascade, Inc. 555 Exchange Ct. 2. $8,429,025 Livermore, CA 94550 (925) 373-8370
JMB Construction, Inc. 132 S. Maple Ave. 3. $8,863,175 South San Francisco, CA 94080 (650) 267-5300
McGuire and Hester 2810 Harbor Bay Pkwy. 4. $8,912,200 Alameda, CA 94502 (510) 632-7676
Ranger Pipelines, Inc. 1790 Yosemite Ave. 5. $9,092,510 San Francisco, CA 94124 (415) 822-3700
Garney Pacific, Inc. 324 E. 11th St., Ste. E2 6. $11,090,095 Tracy, CA 95376 (925) 800-1847
Michels Corporation 210 W. Becher St., Ste. 800 7. $14,376,798.75 Milwaukee, WI 53207 (920) 924-4300 SBE/DVBE – Small Business Enterprise or Disabled Veteran Business Enterprise *Effective Bid Amount due to SBE/DVBE discount (7% of the low bid amount, not to exceed $150,000)
Engineer’s Estimate: $7,678,934
THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: SPECIFICATION NO.: 2173 Summit Pressure Zone South Pipeline Replacement, Phase 1 July 23, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS
Cratus, Inc. Small Business Availability Group Contracting Objectives Participation san Francisco, CA 94116
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 100.0% PRICE: Ethnicity Gender White Women 9% 0.0%
$8,262,025 White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit
PRIME: Cratus, Inc. $7,795,025 White X 94.3%
SUBS:
MCK Services, Inc. $200,000 White X 2.4%
Tap Master, Inc. $30,000 White X 0.4%
The Professional Tree Care Company $37,000 White X 0.4%
Cell-Crete Corporation, Inc. $30,000 White X 0.4%
Chrisp Company $20,000 White X 0.2%
CMC Traffic Control Specialists $50,000 White X 0.6%
Thomas J's Welding Service $100,000 White X 1.2%
TOTAL $8,262,025 100.0%0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 7 5 57
Percent of Total Employees: 10.1% 7.2% 82.6% 69
MSA Labor Market %: 30.8% 25.2% 44.0%
MSA Labor Market Location: San Francisco COMMENTS
Contract Equity Participation - 100% White Men participation
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA YES
(P-035 - 7/11) Page: 1 of 1 4537_C AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Summit Pressure Zone South Pipeline B H A/PI AI/AN TOTAL Replacement, Phase 1 National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: 2173 7/23/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number
RPWM: SBE Company Wide 2 54 1 0 57 82.6% 44.0% Cratus, Inc. Manager/Prof 0 2 0 0 2 16.7% Tara Lavasani Technical/Sales 000000.0% 2178 Palou Avenue Clerical/Skilled 1 11 0 0 12 85.7% San Francisco, CA 94124 Semi/Unskilled 1 41 1 0 43 100.0% Bay Area 1 36 1 0 38 76.0% 39.9% 415-939-2840 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: San Francisco # Employees-Co. Wide: 69 Bay Area: 0 S WM: LBE Company Wide 2 39 2 0 43 72.9% 39.9% MCK Services, Inc. Manager/Prof 000000.0% Nancy Johnson Technical/Sales 0 0 2 0 2 40.0% 865 Howe Road Clerical/Skilled 2 18 0 0 20 76.9% Martinez, CA 94553 Semi/Unskilled 0 21 0 0 21 87.5% Bay Area 2 39 2 0 43 72.9% 39.9% 925-957-9200 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 59 Bay Area: 59 SWM: L/SBE Company Wide Tap Master, Inc. Manager/Prof Irene Harden Technical/Sales 1647 Willow Pass Road Clerical/Skilled INFORMATION NOT PROVIDED Concord, CA 94520 Semi/Unskilled Bay Area 925-439-7975 Co. Wide MSA: SWM: LBE Company Wide The Professional Tree Care Company Manager/Prof Charles Slesinger Technical/Sales 2828 8th Street Clerical/Skilled INFORMATION NOT PROVIDED Berkeley, CA 94710 Semi/Unskilled Bay Area 510-549-3954 Co. Wide MSA: SWM: LBE Company Wide Cell-Crete Corporation, Inc. Manager/Prof Kaushlendra Das Technical/Sales 995 Zephyr Avenue Clerical/Skilled INFORMATION NOT PROVIDED Hayward, CA 94544 Semi/Unskilled Bay Area 510-471-7257 Co. Wide MSA: SWM: LBE Company Wide Chrisp Company Manager/Prof Nakista Quiales Technical/Sales 43650 Osgood Road Clerical/Skilled INFORMATION NOT PROVIDED Fremont, CA 94539 Semi/Unskilled Bay Area 510-656-2840 Co. Wide MSA: WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 3 File: C - 4537_C AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Summit Pressure Zone South Pipeline B H A/PI AI/AN TOTAL Replacement, Phase 1 National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: 2173 7/23/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number
S WM: SBE Company Wide CMC Traffic Control Specialists Manager/Prof Kevin Eversole Technical/Sales 3450 3rd Street, Suite 3G Clerical/Skilled INFORMATION NOT PROVIDED San Francisco, CA 94124 Semi/Unskilled Bay Area 415-206-1700 Co. Wide MSA: SWM: SBE Company Wide 0 0 0 0 0 0.0% 54.0% Thomas J's Welding Service Manager/Prof 000000.0% Thomas Decoste Technical/Sales 000000.0% 19625 S. Creek Road Clerical/Skilled 000000.0% Los Banos, CA 93635 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 209-495-9945 Co. Wide MSA: Merced # Employees-Co. Wide: 1 Bay Area: 0
PWM: LBE Company Wide 4 134 3 4 145 51.2% 53.9% Mountain Cascade, Inc. Manager/Prof 0 3 1 0 4 12.1% Desiree Arslanian Technical/Sales 000000.0% 555 Exchange Court Clerical/Skilled 0 2 0 0 2 16.7% Livermore, CA 94550 Semi/Unskilled 4 129 2 4 139 58.6% Bay Area 4 134 3 4 145 51.2% 39.9% 925-373-8370 Co. Wide MSA: Alameda # Employees-Co. Wide: 283 Bay Area: 283 PWW Company Wide 2 37 1 0 40 54.1% 47.9% JMB Construction, Inc. Manager/Prof 010016.3% Margaret Burke Technical/Sales 000000.0% 132 South Maple Avenue Clerical/Skilled 0 6 0 0 6 27.3% S. San Francisco, CA 94080 Semi/Unskilled 2 30 1 0 33 91.7% Bay Area 2 37 1 0 40 54.1% 39.9% 650-267-5300 Co. Wide MSA: San Mateo # Employees-Co. Wide: 74 Bay Area: 74 PWM: LBE Company Wide 5 243 8 5 261 62.4% 48.4% McGuire and Hester Manager/Prof 0 21 1 0 22 23.9% Michael Hester Technical/Sales 000000.0% 2810 Harbor Bay Parkway Clerical/Skilled 1 67 3 4 75 52.4% Alameda, CA 94502 Semi/Unskilled 4 155 4 1 164 89.6% Bay Area 5 206 5 2 218 660.6% 39.9% 510-632-7676 Co. Wide MSA: California # Employees-Co. Wide: 418 Bay Area: 33 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 2 of 3 File: C - 4537_C AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Summit Pressure Zone South Pipeline B H A/PI AI/AN TOTAL Replacement, Phase 1 National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: 2173 7/23/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, BHA/PI AI/AN TOTAL PERCENT MSA % and Phone Number
PWM Company Wide 7 66 5 0 78 60.9% 39.9% Ranger Pipelines, Inc. Manager/Prof 010017.1% Mary Shea-Hunt Technical/Sales 0 0 2 0 2 18.2% 1790 Yosemite Avenue Clerical/Skilled 4 17 1 0 22 57.9% San Francisco, CA 94124 Semi/Unskilled 3 48 2 0 53 81.5% Bay Area 7 66 5 0 78 60.9% 39.9% 415-822-3700 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 128 Bay Area: 128 PWM: LBE Company Wide 1 43 2 1 47 52.2% 53.9% Garney Pacific, Inc. Manager/Prof 010015.9% Bill Williams Technical/Sales 000000.0% 324 E 11th Street, Suite E2 Clerical/Skilled 0 4 1 0 5 50.0% Tracy, CA 95376 Semi/Unskilled 1 38 1 1 41 65.1% Bay Area 1 43 2 1 47 52.2% 39.9% 925-800-1848 Co. Wide MSA: Alameda # Employees-Co. Wide: 90 Bay Area: 90 PWM Company Wide 165 358 30 41 594 10.8% 9.6% Michels Corporation Manager/Prof 11 39 10 6 66 5.4% Karen West Technical/Sales 010000.0% 817 Main Street Clerical/Skilled 51 131 11 18 211 8.1% Brownsville, WI 53006 Semi/Unskilled 103 187 9 17 316 19.0% Bay Area 0 0 0 0 - NA 39.9% 920-924-4373 Co. Wide MSA: Wisconsin # Employees-Co. Wide: 5,502 Bay Area: 0
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 3 of 3 File: C - 4537_C
AGENDA NO. 7. MEETING DATE August 10, 2021
TITLE DIGESTER GAS FLARE REHABILITATION
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, NTK Construction, Inc., in an amount not to exceed $2,378,000 for construction of the Digester Gas Flare Rehabilitation project under Specification SD-416.
SUMMARY
This contract includes rehabilitation of the Main Wastewater Treatment Plant’s (MWWTP) flare system, including replacement of existing digester gas flares and the refractory brick wall, repairs and resurfacing of structural concrete, and construction of a flare structure screen extension. The project will lengthen the useful life of the flare system, maintain safety for operations and maintenance staff, and ensure treatment process reliability.
DISCUSSION
The existing gas flare system was constructed in 1978 and needs rehabilitation due to its age. The existing masonry wall enclosure has refractory bricks that are out of alignment with the potential to dislodge and requires the flares to be taken out of service so that staff can perform maintenance. The new refractory system is designed specifically for partially enclosed, high-heat applications and does not require routine maintenance. The existing flare pilot ignition systems are at the end of their useful life and are unreliable, particularly on humid days. Portions of the flare and digester gas piping are corroded and require replacement. The flare structure contains spalled concrete, hairline cracks, and exposed reinforcement bar. This project will remove vulnerabilities in the gas flare system that could lead to its failure and reduction in the MWWTP’s capacity to treat digester gas. This project supports the District’s Long-Term Infrastructure Investment Strategic Plan goal for meeting operational needs and reliability goals by effectively maintaining infrastructure.
BID RESULTS
Bid documents were posted on the District’s website and issued to 24 resource organizations and 13 prospective bidders. Four bids were received, ranging from $2,378,000 to $3,160,000. The bid summary Funds Available: FY22/23, CIP#2014078; Page 67 Budget Coding: 927/7999/2014751/5561 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Wastewater Eileen M. White General Manager Attachment(s): Bid Summary, P-035, P-061
02012021 Digester Gas Flare Rehabilitation August 10, 2021 Page 2 is attached. The engineer’s estimate for this work is $2,140,000. The bids were higher than the engineer’s estimate due to increases in manufacturing and transportation costs in the past two months.
The lowest responsive/responsible bidder, NTK Construction, Inc., is licensed to perform work in California, and is not on the State Department of Industrial Relations (DIR) debarment list. NTK Construction, Inc. and its listed subcontractors are properly registered with the State DIR. In the past five years, NTK Construction, Inc. has not filed a Government Code Claim nor initiated any litigation against the District.
SUSTAINABILITY
Economic
Funding for this work is available in the FY22/23 adopted capital budget for the Power Generation and Biogas Project.
Social
Work under this contract is subject to the payment of current prevailing wages according to determinations for each craft as established by the Director of the DIR of the State of California.
Local 444 was notified of this contract on June 23, 2020 and did not raise any specific issues related to this contract.
Environmental
A California Environmental Quality Act Notice of Exemption was filed with the Alameda County Clerk on March 30, 2020.
ALTERNATIVES
Do not perform the work. This alternative is not recommended because this work will ensure process reliability and continued operation of the digester gas processing system.
Reject all bids and rebid the work. This alternative is not recommended because rebidding the work would create significant delays and increase project costs.
Perform the work with District forces. This alternative is not recommended because the District lacks the resources to perform this work within the designated time frame.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\WW - Digester Gas Flare Rehabilitation.docx
EAST BAY MUNICIPAL UTILITY DISTRICT
SPECIAL DISTRICT NO. 1
SPECIFICATION SD-416 DIGESTER GAS FLARE REHABILITATION
June 30, 2021
BID SUMMARY
BIDDER TOTAL BID 1. NTK Construction, Inc.* $2,378,000 2. JMB Construction, Inc. $2,498,600 3. Garney Pacific, Inc. $2,802,091 4. Innovative Construction Solutions $3,160,000
*Apparent Low Bidder
Number of Proposals sent to Contractor 13 Number of Proposals sent to Resource Orgs 24 Number of Proposals sent to MBEs 1 Number of Proposals sent to WBEs 0 Number of Proposals sent to SBs 0 Number of bids received 4
Engineer’s Estimate: $2,140,000 THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: SPECIFICATION NO.: SD-416 Digester Gas Flare Rehabilitation July 14, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Small Business NTK Construction, Inc. Availability Group Contracting Objectives Participation San Francisco, CA 94124
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 40.4% PRICE: Ethnicity Gender White Women 9% 0.0%
$2,378,000 * Asian Men Ethnic Minorities 25% 48.5% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit
PRIME:
NTK Construction, Inc. $1,152,300 Asian X 48.5%
SUBS:
Capital Industrial Restoration, Inc. $120,000 White X 5.0%
Con J. Franke Electric, Inc. $163,700 White X 6.9%
TFL, Inc. $417,500 White X 17.6%
Varec Biogas Inc $264,500 White X 11.1%
Nickolas Steel, Inc. $260,000 White X 10.9%
TOTAL $2,378,000 40.4%0.0% 48.5% 0.0% 11.1% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 38 2 42
Percent of Total Employees: 46.3% 2.4% 51.2% 82
MSA Labor Market %: 30.8% 25.1% 44.1%
MSA Labor Market Location: San Francisco COMMENTS
Contract Equity Participation - 40.4% White Men participation and 48.5% Ethnic Minority participation.
*Total not to exceed: $2,378,000
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA YES
(P-035 - 7/11) Page: 1 of 1 4531_C AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Digester Gas Flare Rehabilitation B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: SD-416 7/14/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number
RPEMM: A/PI Company Wide 0 41 7 0 48 58.5% 44.1% NTK Construction, Inc. Manager/Prof 0 9 3 0 12 66.7% Tin Tran Technical/Sales 000000.0% 501 Cesar Chavez Street, Suite 115 Clerical/Skilled 0 12 4 0 16 66.7% San Francisco, CA 94124 Semi/Unskilled 0 20 0 0 20 50.0% Bay Area 0 41 7 0 48 58.5% 39.9% 415-643-1900 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: San Francisco # Employees-Co. Wide: 82 Bay Area: 82 S WM: L/SBE Company Wide 0 8 0 0 8 66.7% 37.3% Capital Industrial Restoration, Inc Manager/Prof 000000.0% Tim Sholl Technical/Sales 000000.0% 2538 Mercantile Drive, Unit D Clerical/Skilled 0 4 0 0 4 66.7% Rancho Cordova, CA 95742 Semi/Unskilled 0 4 0 0 4 100.0% Bay Area 0 0 0 0 0 0.0% 39.9% 916-844-4510 Co. Wide MSA: Sacramento # Employees-Co. Wide: 12 Bay Area: 0 SWM: LBE Company Wide 3 22 3 0 28 32.9% 47.4% Con J. Franke Electric, Inc. Manager/Prof 0 2 0 0 2 15.4% Shannon Martin Technical/Sales 0 1 0 0 1 100.0% 317 N. Grant Street Clerical/Skilled 3 19 3 0 25 36.2% Stockton, CA 95202 Semi/Unskilled 000000.0% Bay Area 2 12 2 0 16 64.0% 39.9% 209-462-0717 Co. Wide MSA: San Joaquin # Employees-Co. Wide: 85 Bay Area: 25 SWM Company Wide 0 2 0 0 2 28.6% 42.4% TFL, Inc. Manager/Prof 000000.0% Julie Laningham Technical/Sales 000000.0% 14626 Chrisman Road Clerical/Skilled 0 1 0 0 1 33.3% Houston, TX 77039 Semi/Unskilled 0 1 0 0 1 100.0% Bay Area 0 0 0 0 0 0.0% 39.9% 281-590-8500 Co. Wide MSA: Texas # Employees-Co. Wide: 7 Bay Area: 0 SWM Company Wide 2 13 2 0 17 47.2% 27.3% Varec Biogas Inc Manager/Prof 1 2 1 0 4 33.3% Technical/Sales 0 1 0 0 1 25.0% 15061 Springdale Street, Suite 210 Clerical/Skilled 0 1 1 0 2 66.7% Huntington Beach, CA 92649 Semi/Unskilled 1 9 0 0 10 58.8% Bay Area 0 0 0 0 0 0.0% 39.9% 714-220-9920 Co. Wide MSA: Total USA # Employees-Co. Wide: 36 Bay Area: 0 SWM Company Wide 0 3 0 0 3 30.0% 48.4% Nickolas Steel, Inc. Manager/Prof 000000.0% Elan Mlagenovich Technical/Sales 000000.0% 816 S. Cucamonga Avenue Clerical/Skilled 0 3 0 0 3 50.0% Ontario, CA 91761 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 714-738-4647 Co. Wide MSA: California # Employees-Co. Wide: 10 Bay Area: 0 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 2 File: C - 4531_C AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Digester Gas Flare Rehabilitation B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Spec. No.: SD-416 7/14/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B H A/PI AI/AN TOTAL PERCENT MSA % and Phone Number
PWW Company Wide 2 37 1 0 40 54.1% 47.9% JMB Construction, Inc. Manager/Prof 010016.3% Margaret Burke Technical/Sales 000000.0% 132 South Maple Avenue Clerical/Skilled 0 6 0 0 6 27.3% S. San Francisco, CA 94080 Semi/Unskilled 2 30 1 0 33 91.7% Bay Area 2 37 1 0 40 54.1% 39.9% 650-267-5300 Co. Wide MSA: San Mateo # Employees-Co. Wide: 74 Bay Area: 74
PWM: LBE Company Wide 1 43 2 1 47 52.2% 53.9% Garney Pacific, Inc. Manager/Prof 010015.9% Bill Williams Technical/Sales 000000.0% 324 E. 11th Street, Suite E2 Clerical/Skilled 0 4 1 0 5 50.0% Tracy, CA 95376 Semi/Unskilled 1 38 1 1 41 65.1% Bay Area 1 43 2 1 47 74.6% 39.9% 925-800-1848 Co. Wide MSA: Alameda # Employees-Co. Wide: 90 Bay Area: 63
PEMM: A/PI Company Wide 16 126 9 1 152 63.1% 48.4% Innovative Construction Solutions Manager/Prof 2 16 6 1 25 41.7% Hirad Emadi Technical/Sales 000000.0% 575 Anton Blvd., Suite 850 Clerical/Skilled 9 31 1 0 41 50.0% Costa Mesa, CA 92626 Semi/Unskilled 5 79 2 0 86 86.9% Bay Area 4 9 4 0 17 50.0% 39.9% 714-893-6366 Co. Wide MSA: California # Employees-Co. Wide: 241 Bay Area: 34
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 2 of 2 File: C - 4531_C THIS PAGE INTENTIONALLY LEFT BLANK
AGENDA NO. 8. MEETING DATE August 10, 2021
TITLE INFORMATION TECHNOLOGY SECURITY LOG MANAGEMENT AND LOG ANALYTICS
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Award a direct award contract to NuSpective, Inc. for supplying security log collection and analysis cloud software and implementation services for three years, beginning on or after August 10, 2021 for a total cost, after the addition of taxes, not to exceed $375,505.
SUMMARY
This contract will renew licensing for the cloud-based centralized log management and analysis software tool from Sumologic. This software is needed to maintain the District’s ability to identify, investigate, and mitigate cybersecurity incidents on the District network and computing infrastructure.
DISCUSSION
The District has been using the Sumologic centralized log management tool for the past two years to store, monitor, analyze and issue alerts on computer generated log data from the District’s information resources. Audit and event log collection, monitoring and analysis is a critical part of the information technology (IT) security program to protect the District’s information resources and stay ahead of continually evolving cyber threats. Continued and expanded use of the Sumologic log management tool was recommended in the recent IT Security Audit conducted by the independent auditor. This item supports the District’s Long-Term Financial Stability Strategic Plan goal.
VENDOR SELECTION
Under Public Contract Code, Section 10298, agencies such as EBMUD are specifically allowed to purchase directly through the State of California contracts or through State authorized participating agreements without pursuing separate competitive bidding. The State of California, Department of General Services has certified contract No. #7-17-70-40-09/AR#2480 for the selected log collection and analytics cloud software. By leveraging the State of California contracts, the District was able to receive highly favorable quotes with pre-negotiated pricing.
Funds Available: FY22/23 Budget Coding: WSO/255/8773/5243 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Information Systems Andrew J. Levine General Manager Attachment(s): P-035; P-061
02012021 Information Technology Security Log Management and Log Analytics August 10, 2021 Page 2
SUSTAINABILITY
Economic
The FY22/23 adopted operating budget includes funding for the first two years of this multi-year contract. Funding for the additional year will be considered as part of the associated budget development process.
ALTERNATIVES
Do not authorize this purchase. This alternative is not recommended because the existing product will cease to operate in August 2021, and the District would be at higher risk from cybersecurity events that could compromise the District’s information systems.
Procure and implement log management software from another vendor. This alternative is not recommended because the extensive reconfiguration and training required would not provide additional benefits to the District.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\ISD\IT Security Log Management and Log Analytics.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: General Services Agreement IT Security Log Management and Log Analytics August 2, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS State Contract / NuSpective, Inc. Small / Local Business Availability Group Contracting Objectives Participation Pleasanton, CA 94588
White Men 25% BID/PROPOSER'S FIRM'S OWNERSHIP 100.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$375,505 * White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non M W Unclassified Foreign Men Women Minorities Held Corp. Profit PRIMES: NuSpective, Inc. $375,505 White X 100.0%
SUBS:
None
TOTAL $375,505 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 4 2 0
Percent of Total Employees: 66.7% 33.3% 0.0% 6
MSA Labor Market %: 24.5% 21.6% 53.9%
MSA Labor Market Location: Alameda COMMENTS
Contract Equity Participation: 100% White Men participation. Contract Duration: Three Years
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 4542_G.xlsx AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data IT Security Log Management and Log B H A/PI AI/AN TOTAL Analytics National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 General Services Agreement 8/2/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees
Company Name, Owner/Contact Person, Address, and Phone Number B H A/PI AI/AN TOTAL PERCENT MSA %
RP WM: L/SBE Company Wide 0 0 0 0 0 0.0% 53.9% NuSpective, Inc. Manager/Prof 0 0 0 0 0 0.0% Susan Benedict Technical/Sales 0 0 0 0 0 0.0% 5700 Stoneridge Mall Road, Suite 220 Clerical/Skilled 0 0 0 0 0 0.0% Pleasanton, CA 94588 Semi/Unskilled 0 0 0 0 0 0.0% Bay Area 0 0 0 0 0 0.0% 39.9% 925-271-7556 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: Alameda # Employees-Co. Wide: 6 Bay Area: 6
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of File: GS - 4542_G.xlsx
AGENDA NO. 9. MEETING DATE August 10, 2021
TITLE SHOP INSPECTION SERVICES TO SUPPORT CAPITAL IMPROVEMENT PROJECTS
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize an agreement beginning on or after August 10, 2021 with Inspection Services, Inc. in an amount not to exceed $4,000,000 for shop inspection support services for five years.
SUMMARY
This agreement will supplement in-house shop inspection services necessary to implement the District’s capital improvement projects on an as-needed basis. The need for this agreement was discussed at the January 26, 2021 Budget Workshop.
DISCUSSION
The District inspects manufactured items at vendor shops before they are incorporated into new construction to ensure the quality of the District’s infrastructure. Detecting problems before the item leaves the manufacturer also helps to reduce delays. Shop inspection services involve travel to various manufacturing, fabricating, and/or testing facilities. The shop inspection workload is intermittent, highly variable, and difficult to project because it can only be determined once a contract is awarded, and the locations of the fabrication shops and fabrication schedules are disclosed. The services provided under this agreement will supplement in-house shop inspection resources and ensure critical items continue to receive adequate quality assurance and quality control at their place of manufacture and meet or exceed District standards before release for shipment. This agreement supports the District’s Long-Term Infrastructure Investment Strategic Plan goal.
CONSULTANT SELECTION
A request for proposals was posted on the District’s website and five firms submitted proposals. Inspection Services, Inc. was selected based on its qualifications, experience, and approach to the project.
Work under this agreement is subject to the payment of current prevailing wages according to determinations for each craft as established by the Director of the Department of Industrial Relations of the State of California. Funds Available: FY22/23, CIP #000437, Page 35 Budget Coding: WSC\574\7999\5231\VAR Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Engineering and Construction Olujimi O. Yoloye General Manager Attachment(s): P-035; P-061
02012021 Shop Inspection Services to Support Capital Improvement Projects August 10, 2021 Page 2
SUSTAINABILITY
Economic
Funding for this work is available in the FY22/23 adopted capital budget for the Treatment Plant Upgrades Project.
Social
Locals 2019 and 21 were notified of this agreement on March 11, 2021. Local 2019 issues were addressed at a meeting on April 6, 2021 and resolved. Local 21 did not raise any specific issues related to this agreement.
ALTERNATIVES
Perform the work with District staff. This alternative is not recommended because District staff cannot accommodate peak workload that occurs intermittently in distant locations and for limited durations. Intermittent peaks are best addressed by consultant staff that can be released when peaks have passed.
Do not perform the work. This alternative is not recommended because comprehensive inspection at the manufacturing and fabrication facilities is needed to ensure successful completion of the projects.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\ECD – Shop Inspection Services to Support Capital Improvement Projects.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Professional Services Agreement Shop Inspection to Support Capital Improvement Projects July 13, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Local Business Inspection Services, Inc. Availability Group Contracting Objectives Participation Berkeley, CA 94703
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 50.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$4,000,000 * Asian Women Ethnic Minorities 25% 50.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIME:
Inspection Services, Inc. $2,000,000 Asian X 50.0%
SUB:
Critical Weld Inspections, Inc. $2,000,000 White X 50.0%
TOTAL $4,000,00050.0%0.0% 50.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 28 3 25
Percent of Total Employees: 49.1% 5.3% 43.9% 57
MSA Labor Market %: 28.0% 23.6% 48.4%
MSA Labor Market Location: California COMMENTS
Contract Equity Participation - 50% White Men participation and 50% Ethnic Minority participation.
Contract Duration : Five years
*Total not to exceed: $4,000,000
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 4527_P AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Shop Inspection to Support Capital Improvement B H A/PI AI/AN TOTAL Projects National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Professional Services Agreement 7/13/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees
Company Name, Owner/Contact Person, Address, and BTOTALH A/PIAI/AN PERCENT MSA % Phone Number
RPEMW: A/PI - LBE Company Wide 8 8 9 0 25 43.9% 48.4% Inspection Services, Inc. Manager/Prof 0 2 3 0 5 45.5% Leslie Sakai Technical/Sales 0 0 1 0 1 100.0% 1798 University Ave. Clerical/Skilled 8 5 5 0 18 40.9% Berkeley, CA 94703 Semi/Unskilled 0 1 0 0 1 100.0% Bay Area 0 0 0 0 0 0.0% 39.9% 510-900-2100 Co. Wide MSA: California # Employees-Co. Wide: 57 Bay Area: 0 SWM: SBE Company Wide 1 5 0 0 6 17.6% 39.9% Critical Weld Inspections, Inc. Manager/Prof 1 0 0 0 1 25.0% David Cox Technical/Sales 000000.0% 350 W Channel Road Clerical/Skilled 0 5 0 0 5 19.2% Benicia, CA 94510 Semi/Unskilled 000000.0% Bay Area 1 5 0 0 6 17.6% 39.9% 707-297-6795 Co. Wide MSA: 9 Bay Area Counties # Employees-Co. Wide: 34 Bay Area: 34
P WM: LBE Company Wide 195 373 220 15 803 32.7% 27.3% Bureau Veritas North America, Inc. Manager/Prof 195 373 220 15 803 32.7% Abid Husain Technical/Sales 000000.0% 180 Promenade Circle, Suite 150 Clerical/Skilled 000000.0% Sacramento, CA 95834 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 281-658-5983 Co. Wide MSA: Total USA # Employees-Co. Wide: 2,459 Bay Area: 0 P WM: LBE Company Wide 144 304 254 0 702 13.3% 27.3% TRC Engineers, Inc. Manager/Prof 122 182 213 11 528 14.7% Dharme Rathnayake Technical/Sales 6 79 28 17 130 10.4% 1850 Gateway Blvd., Suite 1000 Clerical/Skilled 16 26 13 3 58 16.5% Concord, CA 94520 Semi/Unskilled 0 17 0 1 18 24.7% (Local Office) Bay Area 8 45 25 1 79 57.7% 39.9% 925-688-2465 Co. Wide MSA: Total USA # Employees-Co. Wide: 5,270 Bay Area: 137 P WM Company Wide 6 120 80 0 206 63.2% 44.0% Smith-Emery Laboratories Manager/Prof 3 76 44 0 123 62.8% Helen Choe Technical/Sales 2 38 31 0 71 61.7% 1940 Oakdale Avenue Clerical/Skilled 1 6 5 0 12 80.0% San Francisco, CA 94124 Semi/Unskilled 000000.0% Bay Area 3 52 34 0 89 62.7% 39.9% 213-749-3411 Co. Wide MSA: San Francisco # Employees-Co. Wide: 326 Bay Area: 142 WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: PS - 4527_P
AGENDA NO. 10. MEETING DATE August 10, 2021
TITLE SATELLITE REMOTE LEAK DETECTION SERVICES
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize an agreement beginning on or after August 10, 2021 with Utilis, Inc. (Utilis) in an amount not to exceed $665,000 for satellite remote leak detection services for five years.
SUMMARY
The vendor’s services include satellite imagery and interpretation to identify potential leaks on water distribution pipelines. This agreement is for approximately five years of remote leak detection services.
DISCUSSION
The District employs a variety of leak detection methods to reduce water loss in the water distribution system, which also supports the District’s efforts in response to the current drought. Remote leak detection using satellites complements other District methods such as automated and manual acoustic monitoring of distribution pipelines. Although satellite leak detection is less accurate than acoustic monitoring methods, satellite leak detection can survey the District’s entire distribution system within a few weeks at a lower cost. Information from satellites and acoustic monitoring focuses manual leak detection efforts and enables quick identification of potential leaks.
Repairs to non-surfacing leaks identified through satellite leak and acoustic detection reduce the District’s water loss and better prepare the District for compliance with pending state water loss regulations. This work supports the District’s Long-Term Water Supply and Long-Term Infrastructure Investment Strategic Plan goals.
CONSULTANT SELECTION
Utilis has the sole patent for satellite remote leak detection.
Funds Available: FY22/23, CIP # 2012651; Page 58 Budget Coding: Contract Equity Forms? Yes No WSC/790/7999/2014744/5231 Originating Department Department Director or Manager Approved
Operations and Maintenance David A. Briggs General Manager Attachment(s): P-035; P-061
02012021 Satellite Remote Leak Detection Services August 10, 2021 Page 2
SUSTAINABILITY
Economic
Funding for this work is available in the FY22/23 adopted capital budget for the Water Loss Control Project.
Early detection of leaks reduces water losses and repair costs.
Social
Detecting leaks early will improve customer service and reduce impacts to the community.
Environmental
Detecting leaks early reduces potential chlorinated discharges into the environment.
ALTERNATIVE
Do not authorize the agreement. This alternative is not recommended because the District’s existing automated acoustic and manual acoustic leak detection methods are not capable of monitoring large portions of the distribution system.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\OMD\Remote Leak Detection.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Professional Services Agreement Remote Leak Detection July 22, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Sole Source Utilis, Inc. Availability Group Contracting Objectives Participation San Diego, CA 92127
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 100.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$665,000 * White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIME:
Utilis, Inc. $665,000 White X 100.0%
SUBS:
None
TOTAL $665,000 100.0%0.0% 0.0% 0.0% 0.0%0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 6 1 2
Percent of Total Employees: 66.7% 11.1% 22.2% 9
MSA Labor Market %: 28.0% 23.6% 48.4%
MSA Labor Market Location: California COMMENTS
Contract Equity Participation - 100.0% White Men participation.
*Total not to exceed: $665,000
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA (P-035 - 7/11) Page: 1 of 1 4536_P AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Remote Leak Detection B H A/PI AI/AN TOTAL National 10.5 10.7 3.7 0.7 27.3
DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Professional Services Agreement 7/22/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees
Company Name, Owner/Contact Person, Address, and B H A/PIAI/AN TOTAL PERCENT MSA % Phone Number
RPWM Company Wide 1 0 0 0 1 11.1% 48.4% Utilis, Inc. Manager/Prof 000000.0% James Perry Technical/Sales 1 0 0 0 1 100.0% 16885 W. Bernardo Drive, #305 Clerical/Skilled 000000.0% San Diego, CA 92127 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 858-382-7066 AA Plan on File: NA Date of last contract with District: NA Co. Wide MSA: California # Employees-Co. Wide: 9 Bay Area: 0
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: PS - 4536_P
AGENDA NO. 11. MEETING DATE August 10, 2021
TITLE AMEND THE SUPPLEMENTAL LABORATORY SERVICES AGREEMENT
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize an amendment to the agreement previously authorized under the General Manager’s authority with Alpha Analytical Laboratories, Inc. (Alpha) to increase the agreement amount by $247,425 in an aggregate amount, including option years, not to exceed $300,000 and extend the agreement term to December 31, 2023 with two options to renew for additional one-year periods for supplemental analytical services.
SUMMARY
The District’s Laboratory subcontracts analyses to meet clients’ regulatory and project requirements. Alpha will continue providing specialty tests the District’s Laboratory is not certified to perform and overflow laboratory services on an as-needed basis. The District is not committed to use any specific quantities of analyses offered by Alpha.
DISCUSSION
The Laboratory supports water and wastewater system operations by providing technical and analytical services and a wide range of regular and specialty analyses of drinking water, wastewater, and solids for regulatory compliance, process control, hazardous waste characterization, and special projects. The current agreement with Alpha was authorized by the General Manager in July 2020 and is scheduled to expire in December 2021. This amendment will secure continued supplemental analytical support so that the District’s Laboratory can continue to meet client and regulatory needs. This purchase supports the District’s Water Quality and Environmental Protection Strategic Plan goal by ensuring that regulatory compliance data is reported as required.
Funds Available: FY22/23 Budget Coding: WWO/934/2011/5231 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Wastewater Eileen M. White General Manager Attachment(s): P-035; P-061
02012021 Amend the Supplemental Laboratory Services Agreement August 10, 2021 Page 2
CONSULTANT SELECTION
In January 2020, a request for proposals for the original agreement was posted on the District’s website and sent to five laboratories. Six environmental laboratories submitted proposals. Alpha was selected because it is a local full-service analytical laboratory with relevant experience, qualified staff, and the ability to meet District requirements.
SUSTAINABILITY
Economic
The FY22/23 adopted operating budget includes funding for the first two years of this multi-year agreement. Funding for the additional years will be considered as part of the associated budget development process.
The cost for specific analyses will be fixed throughout the agreement term, which will save costs for the District.
Social
Local 2019 was notified of this agreement on February 26, 2020. Local 2019 issues were addressed at a meeting on June 2, 2020 and resolved.
Environmental
This agreement will enable the District to meet or exceed regulatory requirements and maintain the District's high standard of environmental stewardship.
ALTERNATIVES
Do not authorize this agreement amendment. This alternative is not recommended because the District’s Laboratory will not be able to meet its clients’ regulatory and project needs to support the District’s water and wastewater system operations.
Perform the work with District forces. This alternative is not recommended because the District’s Laboratory is not certified to do specialty analyses; the infrequent and low quantity of analysis requests do not justify purchasing analytical instruments and developing and maintaining the methods in-house.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\WW – Amend the Supplemental Laboratory Services Agreement.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Professional Services Agreement - Amendment Amend the Supplemental Laboratory Services Agreement July 27, 2021
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Small Business Alpha Analytical Laboratories, Inc. (Alpha) Availability Group Contracting Objectives Participation Ukiah, CA 95482
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 100.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$247,425 * White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIMES: Alpha Analytical Laboratories, Inc. $247,425 White X 100.0% (Alpha)
TOTAL $247,425 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCES PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees:
Percent of Total Employees: INFORMATION NOT PROVIDED MSA Labor Market %:
MSA Labor Market Location: COMMENTS
Contract Equity Participation: 100% White Men participation. Contract Duration: Two-Year Contract with 2 One-Year Renewal Options.
*Total not to exceed: $300,000 = $52,575 (Original) + $247,425 (Amendment)
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 File: GS - 4539A_P AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Amend the Supplemental Laboratory B H A/PI AI/AN TOTAL Services Agreement National 10.5 10.7 3.7 0.7 27.3
Professional Services Agreement - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Amendment 7/27/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime Composition of Ownership Number of Ethnic Minority Employees S=Sub
Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number
RPWM-SBE Company Wide Alpha Analytical Laboratories, Inc. Manager/Prof Robbie Phillips Technical/Sales 208 Mason St Clerical/Skilled Ukiah, CA 95482 Semi/Unskilled INFORMATION NOT PROVIDED Bay Area 925-828-6226 AA Plan on File: Co. Wide MSA: Company Wide
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: GS - 4539A_P
AGENDA NO. 12. MEETING DATE August 10, 2021
TITLE AMEND THE AGREEMENT FOR LABORATORY SERVICES FOR THE SPLIT- PLANT NUTRIENT REDUCTION PILOT STUDY
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize an amendment to the agreement previously authorized under the General Manager’s authority with McCampbell Analytical, Inc. to increase the agreement amount by $227,842 to a total amount not to exceed $307,264 and extend the agreement term to September 30, 2022 for the laboratory analysis of samples for the Split-Plant Nutrient Reduction Pilot Study at the Main Wastewater Treatment Plant (MWWTP).
SUMMARY
This amendment will extend laboratory analytical services to support the District’s Split-Plant Nutrient Reduction Pilot Study at the MWWTP. The goal of the pilot study is to determine the nutrient reduction capacity and associated costs of the MWWTP secondary system to inform negotiations with the San Francisco Regional Water Quality Control Board (RWQCB) for the next permit cycle. The vendor is frequently collecting and analyzing samples from key parts of the secondary system for the duration of the pilot study, which began in April 2021, to monitor the process while adjustments are made.
DISCUSSION
As early as 2024, the District may need to meet new nitrogen standards for wastewater discharged to San Francisco Bay. To meet these new standards, consultants have recommended building multi-million- dollar, energy-intensive treatment facilities. District staff are currently conducting the Split-Plant Nutrient Reduction Pilot Study to investigate an innovative biological treatment process using existing treatment facilities. Typical biological nutrient removal processes use bacteria to convert ammonia to nitrite and then nitrate. Then the nitrate is reduced to nitrogen gas which is harmlessly released into the air. The District is pilot testing a process that would accomplish the nitrogen removal by converting ammonia to nitrite then directly to nitrogen gas, removing the need to convert to nitrate before nitrogen gas.
In April 2021, the General Manager authorized an agreement with McCampbell Analytical, Inc. to provide laboratory services essential to the study. The laboratory services include measuring key nutrient and wastewater parameters in each sample, as well as providing sample bottles, a sample courier service, Funds Available: FY22/23, CIP# 2014080; Page 66 Budget Coding: WWC/925/2014931/5231 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Wastewater Eileen M. White General Manager Attachment(s): P-035; P-061
02012021 Amend the Laboratory Services for the Split-Plant Nutrient Reduction Pilot Study Agreement August 10, 2021 Page 2 and reports with the results. The original agreement was structured to cover the first six months of the study while District forces were unavailable to perform the work. This amendment would provide continued laboratory services for the ongoing study.
The services contracted for in the agreement cannot be satisfactorily performed under the District civil service and therefore contracting out is proper. This project supports the District’s Water Quality and Environmental Protection Strategic Plan goal by ensuring protection and stewardship of the San Francisco Bay.
CONSULTANT SELECTION
In February 2021, a request for quotations for the original agreement was sent to five commercial laboratories accredited with the California State Environmental Laboratory Accreditation Program. Two laboratories submitted quotes and a short list of two laboratories was established. McCampbell Analytical, Inc. was selected as it submitted the lowest responsive quote and is able to provide results within the required turnaround times.
SUSTAINABILITY
Economic
Funding for this work is available in the FY22/23 adopted capital budget for the Nutrients project. Staff anticipates savings of up to $100 million in capital and millions of dollars in operating funds if the study is successful.
Social
Locals 2019 and 21 were notified of this agreement on February 11, 2021. Local 2019 issues were addressed at a meeting on March 2, 2021 and resolved. Local 21 did not raise any specific issues related to this agreement.
Environmental
This project supports the District’s efforts to meet future nutrient discharge regulatory limits.
ALTERNATIVES
Do not authorize this amendment. This alternative is not recommended because the District needs to confirm the existing nutrient reduction capacity of its facilities and the associated costs of potential upgrades before committing to nutrient reductions with the RWQCB or investing in costly capital projects to meet future nutrient reduction requirements.
Perform this work under District forces. This alternative is not recommended because the District Laboratory is committed to other high-priority work and cannot complete these analytical services within the required timeline.
I:\SEC\2021 Board Related Items\Board Packets 2021\081021 Board Items\WW - Amend Split-Plant Nutrient Reduction Pilot Study Agreement.docx
CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Professional Services Agreement - Amendment Amend The Laboratory Services for the Split-Plant Nutrient Reduction Pilot July 27, 2021 Study Agreement
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Local Business McCampbell Analytical, Inc. Availability Group Contracting Objectives Participation Pittsburg, CA 94565
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 100.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$227,842 * White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit
PRIME:
McCampbell Analytical, Inc. $227,842 White X 100.0%
SUBS:
None
TOTAL $227,842100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White MenWhite Women Ethnic Minorities Total Employees
No. of Employees:
Percent of Total Employees: INFORMATION NOT PROVIDED MSA Labor Market %:
MSA Labor Market Location: COMMENTS
Contract Equity Participation - 100% White Men participation.
Contract Duration: Extend agreement term to September 30, 2022
*Total not to exceed: $307,264 = $79,422 (Original) + $227,842 (Amendment)
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 4532A_P AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Amend The Laboratory Services for the Split- B H A/PI AI/AN TOTAL Plant Nutrient Reduction Pilot Study Agreement National 10.5 10.7 3.7 0.7 27.3
Professional Services Agreement - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Amendment 7/27/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees
Company Name, Owner/Contact Person, Address, B H A/PIAI/AN TOTAL PERCENT MSA % and Phone Number
RPWM: LBE Company Wide McCampbell Analytical, Inc. Manager/Prof Nicole Hisamoto Technical/Sales 1534 Willow Pass Road Clerical/Skilled INFORMATION NOT PROVIDED Pittsburg, CA 94565 Semi/Unskilled Bay Area AA Plan on File: 925-252-9262 Co. Wide MSA:
PWM Company Wide CalTest Analytical Manager/Prof Todd Albertson Technical/Sales 1885 North Kelly Road Clerical/Skilled INFORMATION NOT PROVIDED Napa, CA 94558 Semi/Unskilled Bay Area 707-333-1615 Co. Wide MSA: PWM Company Wide Cel Analytical Manager/Prof Steven Technical/Sales 82 Mary Street Clerical/Skilled INFORMATION NOT PROVIDED San Francisco, CA 94103 Semi/Unskilled Bay Area 415-882-1690 Co. Wide MSA:
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: GS - 4532A_P
AGENDA NO. 13. MEETING DATE August 10, 2021
TITLE AUTHORIZE CONTINUED EMPLOYMENT OF SOMACH, SIMMONS & DUNN, P.C., AS SPECIAL COUNSEL
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grant Acceptance Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize the Office of General Counsel to continue the employment of the law firm of Somach, Simmons & Dunn, P.C., for services of special counsel related to providing representation in litigation arising under the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) in an amount not to exceed $50,000.
DISCUSSION
The law firm of Somach, Simmons & Dunn, P.C., has been retained to assist the Office of General Counsel in litigation matters arising under CEQA and/or NEPA. The Office of General Counsel is now requesting authorization for additional funds for services described in a separate confidential attorney- client privileged memorandum to the Board.
SUSTAINABILITY
Economic
Funding for this item is available in the FY22 adopted operating budget.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\OGC – Somach, Simmons & Dunn.docx
Funds Available: FY22 Budget Coding: WSO 130 8511 5231 Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Office of General Counsel Derek McDonald, General Counsel General Manager Attachment(s): P-035; P-061
THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT EQUITY PROGRAM SUMMARY (P-035) This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
TITLE DATE: Professional Services Agreement - Amendment Authorize Continued Employment of Somach, Simmons & Dunn, P.C. as July 27, 2021 Special Counsel
CONTRACTOR: PERCENTAGE OF CONTRACT DOLLARS Small / Local Somach, Simmons & Dunn, P.C. Business Availability Group Contracting Objectives Participation Sacramento, CA 95814
BID/PROPOSER'S FIRM'S OWNERSHIP White Men 25% 100.0% PRICE: Ethnicity Gender White Women 6% 0.0%
$50,000 * White Men Ethnic Minorities 25% 0.0% CONTRACT EQUITY PARTICIPATION GENDER CONTRACTING PARTICIPATION ESTIMATED COMPANY NAME ETHNICITY AMOUNT White- White- Ethnic Publicly Gov't/Non MW Unclassified Foreign Men Women Minorities Held Corp. Profit PRIME:
Somach, Simmons & Dunn, P.C. $50,000 White X 100.0%
SUBS:
None
TOTAL $50,000 100.0%0.0% 0.0% 0.0% 0.0%0.0% 0.0% CONTRACTOR'S WORKFORCE PROFILE (From P-025 Form) White Men White Women Ethnic Minorities Total Employees
No. of Employees: 13 18 4
Percent of Total Employees: 37.1% 51.4% 11.4% 35
MSA Labor Market %: 36.1% 32.3% 31.6%
MSA Labor Market Location: Sacramento COMMENTS
Contract Equity Participation - 100.0% White Men participation
*Total contract amount: $185,000 = $135,000 (Multiple previous amendments) + $50,000 (Amendment)
Workforce Profile & Statement of Nondiscrimination Good Faith Outreach Efforts Award Approval Submitted Requirement Satisfied Recommended NA NA
(P-035 - 7/11) Page: 1 of 1 4538A_P AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title: Ethnic Minority Percentages From U.S. Census Data Authorize Continued Employment of Somach, B H A/PI AI/AN TOTAL Simmons & Dunn, P.C. as Special Counsel National 10.5 10.7 3.7 0.7 27.3
Professional Services Agreement - DATE: 9 Bay Area Counties 5.5 16.2 14.2 0.4 39.9 Amendment 7/27/2021 Alameda/CC Counties 10.7 15.6 15.4 0.5 46.2 R=Recmmd P=Prime S=Sub Composition of Ownership Number of Ethnic Minority Employees
Company Name, Owner/Contact Person, Address, and B H A/PIAI/AN TOTAL PERCENT MSA % Phone Number
RPWM: L/SBE Company Wide 0 4 0 0 4 11.4% 31.6% Somach, Simmons & Dunn, P.C. Manager/Prof 010014.0% Craig W. Price Technical/Sales 000000.0% 500 Capitol Mall, Suite 1000 Clerical/Skilled 0 3 0 0 3 30.0% Sacramento, CA 95814 Semi/Unskilled 000000.0% Bay Area 0 0 0 0 0 0.0% 39.9% 916-446-7979 AA Plan on File: NA Date of last contract with District: 9/24/2020 Co. Wide MSA: Sacramento # Employees-Co. Wide: 35 Bay Area: 0
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
(P-061 - 7/11) Page: 1 of 1 File: PS - 4538A_P
AGENDA NO. 14. MEETING DATE August 10, 2021
TITLE AMEND THE BANK OF NEW YORK MELLON SWAP AGREEMENT
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Authorize execution of legal documents associated with an amendment to the existing interest rate swap agreement for the District’s Water System Revenue Refunding Bonds Series 2008A and related documents with The Bank of New York Mellon (BNY Mellon).
SUMMARY
BNY Mellon requested the District agree to a minor amendment to a document associated with an interest rate swap agreement between BNY Mellon and the District. The small change affects where cash collateral posted by BNY Mellon can be held. BNY Mellon requested this change due to the closure of one of its branch locations. The amendment has no effect on the legal or financial obligations of the District.
DISCUSSION
The District’s Water System Revenue Refunding Bonds Series 2008A are variable rate demand bonds (VRDBs) with a weekly interest rate reset. Interest rate risk is mitigated through interest rate swap agreements with financial institution counterparties, which leads to synthetically fixed rate debt. Of the $105.3 million in aggregate principal amount outstanding, $15.6 million is associated with a swap agreement with BNY Mellon.
BNY Mellon is requesting a minor amendment to the Credit Support Annex, which is one document in the broader interest rate swap agreement. The amendment updates and expands the locations in which cash collateral posted by BNY Mellon, if any, may be held and is a reasonable request to meet the commercial needs of BNY Mellon. The amendment has no effect on the legal or financial obligations of the District.
This amendment supports the District’s Long-Term Financial Stability Strategic Plan goal.
Funds Available: N/A Budget Coding: N/A Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Finance Sophia D. Skoda General Manager Attachment(s): Resolution
02012021 Amend The Bank of New York Mellon Swap Agreement August 10, 2021 Page 2
SUSTAINABILITY
Economic
There is no direct cost or fee paid to BNY Mellon associated with the amendment and the amendment does not change any financial terms. Minor legal expenses for reviewing the amendment are paid under existing budget items.
ALTERNATIVE
Do not authorize the amendment to the agreement. This alternative is not recommended as the amendment has no practical effect on the District but is requested by BNY Mellon to ensure they are able to legally comply with the agreement if they need to post collateral.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\FIN\Amend BNY CSA for Water 2008A Bonds.docx
AGENDA NO. 15. MEETING DATE August 10, 2021
TITLE APPOINTMENT OF SPECIAL ASSISTANT III
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Appoint Derry L. Moten as Special Assistant III in the Office of Diversity, Equity, and Culture effective August 16, 2021.
DISCUSSON
Derry L. Moten is recommended for appointment as Special Assistant III in the Office of Diversity, Equity, and Culture. The Special Assistant III position is exempt from civil service provisions of the Municipal Utility District Act in accordance with Section 12055(b) which excludes officers, assistant officers, and other persons and employees appointed by the Board of Directors.
Mr. Moten joined the District in May 2015 as the Manager of Employee and Organizational Development after working in various staff and managerial positions related to diversity, training, and organizational development with the San Francisco International Airport. Prior to his tenure at San Francisco International Airport, he worked as the Director of Training with the Revival Center Training Institute in Vallejo, and in various staff and management positions with the Workforce Development Board of Solano County.
Mr. Moten has a Bachelor’s degree in Workforce Education and Development from Southern Illinois University and a Master’s degree in Educational Policy and Organizational Leadership from the University of Illinois.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\HRD\Appointment of Special Assistant III.docx
Funds Available: N/A Budget Coding: N/A Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Human Resources Lisa A. Sorani for Laura A. Acosta General Manager Attachment(s): Resolution
02012021
AGENDA NO. 16. MEETING DATE August 10, 2021
TITLE APPOINTMENT TO THE POSITION OF ASSISTANT ATTORNEY
TYPE Construction General Services Materials & Supplies Professional Services CEQA Grants Water Supply Assessment OTHER ACTION MOTION RESOLUTION ORDINANCE
RECOMMENDED ACTION
Appoint Felicity Grisham to the position of Assistant Attorney of the District with the title of Attorney III effective September 13, 2021.
DISCUSSION
Felicity Grisham is recommended for appointment as Assistant Attorney of the District with the title of Attorney III, to be effective September 13, 2021. The Attorney III position is exempt from civil service provisions of the Municipal Utility District Act in accordance with Section 12055(b) which excludes officers, assistant officers, and other persons and employees appointed by the Board of Directors.
Ms. Grisham received her law degree from the University of California Berkeley School of Law. She also has a Bachelor of Arts degree in Psychology from Stanford University. Ms. Grisham has extensive litigation experience. She began her legal career with the law firm of Quinn Emanuel Urquhart & Sullivan as an associate attorney handling intellectual property and white-collar defense litigation. Ms. Grisham also worked as a staff attorney in the Motions Unit of the United States Ninth Circuit Court of Appeals managing a caseload of civil and criminal cases. As staff attorney, she drafted and orally presented proposed orders, fielding appellate court judges’ questioning on factual details and legal authority for each of her assigned cases. Ms. Grisham also expanded her legal experience by working for the Montana Democratic Party as a Voter Protection Program Manager. Ms. Grisham’s career goals include supporting an organization that provides an essential service to the community, such as the District.
Ms. Grisham’s litigation experience and experience as a staff attorney at the Ninth Circuit Court of Appeals, combined with a demonstrated interest to expand her work in areas of importance to the District, make her an excellent candidate for the position of Attorney III.
I:\Sec\2021 Board Related Items\081021 Board Agenda Items\HRD\Appointment to the position of Assistant Attorney.docx
Funds Available: N/A Budget Coding: N/A Contract Equity Forms? Yes No Originating Department Department Director or Manager Approved
Human Resources Lisa A. Sorani for Laura A. Acosta General Manager Attachment(s): Resolution
02012021
ITEM 17
CORONAVIRUS UPDATE
WILL BE PROVIDED AS A PRESENTATION This page is intentionally left blank. 18.
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 10, 2021
MEMO TO: Board of Directors
THROUGH: Clifford C. Chan, General Manager
FROM: Kelly A. Zito, Special Assistant to the General Manager
SUBJECT: 2021 Drought Update
SUMMARY
This memo highlights recent actions in response to the Board’s April 27, 2021 drought declaration, including drought-related operations, efforts to help customers understand the status of water supplies, the District’s plans to augment its water portfolio, and steps residential and commercial customers can take to conserve water.
DISCUSSION
District Operations
Water Supply Status and Projections
Projected October 1, total system storage remains at approximately 425,000 acre-feet (AF). Total storage in Pardee and Camanche reservoirs is 71 percent of average and 57 percent of capacity, and total storage in the East Bay reservoirs is 85 percent of average and 72 percent of capacity.
Water production in July 2021 was 193 million gallons per day, about 8.5 percent lower than July 2020.
Supplemental Supply Operations
The District is planning to begin diversion of Central Valley Project (CVP) water on or after September 15 to accommodate U.S. Bureau of Reclamation (USBR) operational issues related to the American River and Sacramento River. Approximately 33,250 acre-feet of CVP water will be diverted over five months. Operations of the water system will be balanced to minimize taste and odor issues and manage temperatures in the lower Mokelumne River.
CVP water will be delivered through Freeport Regional Water Authority (FRWA) and will be treated at the Upper San Leandro (USL) and Sobrante Water Treatment Plants (WTPs). These two WTPs will be operated at higher-than-normal rates during the drought.
2021 Drought Update Board of Directors August 10, 2021 Page 2
The District is also working with the USBR and Contra Costa Water District (CCWD) to obtain 2,000 AF of previously stored water in Los Vaqueros Reservoir based on a prior agreement with CCWD. The water will be delivered to the District via FRWA by dedicating 2,000 AF of CCWD’s CVP contract allocation to the District in exchange for the water stored in Los Vaqueros Reservoir. In addition, FRWA and the District will divert and wheel another 3,200 AF of CCWD’s CVP allocation for CCWD pursuant to existing agreements.
The District is developing the 2022 water transfers supply strategy if conditions remain dry next year. Staff initiated discussions with potential sellers and is developing a plan to secure up to 50,000 AF of supplemental supply for next year if needed. Transfer water would be delivered through FRWA.
Cold Water Pool Management
Staff are coordinating management of the cold-water pool in Pardee and Camanche Reservoirs to benefit downstream fisheries including support for steelhead in the hatchery over the summer and up-migrating chinook salmon in the fall. Pardee Reservoir outlet gates are operated to optimize cold water reserves in Pardee Reservoir while avoiding diversion of elevated algae into the Mokelumne Aqueducts and the service area.
State Drought Response Actions
Following the Governor’s expanded declaration of a drought emergency, the State Water Resources Control Board (SWRCB) conducted a public workshop on July 27 to get input on the state’s new emergency curtailment and reporting regulations released on July 23. The draft regulations were adopted by the SWRCB on August 2 and are planned for enactment by the Office of Administrative Law at the end of August. The regulations will require additional reporting requirements of the District’s water use, both current and projected, along with tracking water savings.
Regional Mutual Assistance
Marin Municipal Water District (MMWD) has approached the District about investigating a possible pipeline across the Richmond-San Rafael Bridge. MMWD has begun to consider the scope of a feasibility study that would be the first step in determining whether the District has the system capacity to wheel water from another source and to MMWD. Since the District does not have water available to sell to MMWD, MMWD will need to identify water from a third party that can be wheeled through the District’s system. No specific scope for the study has been developed.
Customer Outreach and Activity
The District launched its drought advertising campaign, “Make Every Drop Count,” to increase awareness of the drought and educate customers on ways to save water. As part of this campaign, staff developed three ads targeting the District’s main areas of conservation focus: efficient outdoor irrigation, finding and fixing leaks, and mindful indoor water use (Attachment 1). 2021 Drought Update Board of Directors August 10, 2021 Page 3
Advertisements are running in local newspapers from July through September, including in El Mundo (Spanish), Sing Tao (Chinese), and Mo Magazine (Vietnamese) as well as Diablo Magazine. On July 30, staff launched a series of advertisements on Pandora with messaging urging customers to take shorter showers and recommending a playlist of short songs by local artists, targeted to the listener’s musical preferences, that they can listen to as a way of timing themselves. In August and September, the District is using its Clear Channel credits to promote water conservation on two digital billboards and 81 transit shelter ads in English, Chinese, and Spanish. Additionally, the District’s Oakport billboard is being updated with a drought ad. Drought messaging continues to feature prominently in outgoing communications like Home Water Reports, Water Budgets, and the quarterly Commercial, Industrial, and Institutional Newsletter that went out on July 13. Drought messaging is also the focus of the back of bill envelope and bill insert. Staff continue to partner with local nurseries and irrigation centers to share brochures and information promoting water efficient irrigation practices and District programs.
Staff continue to respond to media queries, with a focus on specific water actions customers can take, as well as responding to worries about the worsening drought. Media interviews were conducted with the following outlets: KNTV11, KGO7, KRON4, KQED radio, KCBS radio, San Francisco Chronicle, East Bay Times/Mercury News, Daily Cal, Hencho en California, and Marin Independent Journal.
To date, staff has given 40 presentations (Attachment 2). This includes presentations at a number of City Council meetings and related events. The July 21 Water Wednesday Speakers Series event on conservation, entitled “Drought: Water You Going to do About It?” drew approximately 200 attendees. The next Water Wednesday Speaker Series will be held on August 18 and will cover fire prevention in the watershed, managing fire flow and red flag warnings, and landscaping to reduce fire hazards. Information on future presentations and recordings of past presentations are available at ebmud.com/waterwednesday.
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Attachments
I:SEC\2021 Board Related Items\081021 Board Agenda Items\OGM – Drought Update
THIS PAGE INTENTIONALLY LEFT BLANK Attachment 1
THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT 2
SPEAKERS' BUREAU and OUTREACH RECORD CY21 Date/Time Group Ward District Speaker/ Type Topics Requested Estimated Attendee Audience 8/2/21 Wildcat Fire Group 1, 4 Brett Kawakami, Mona Virtual Drought and water availability to fight fires 10:30am - Favorite-Hill, and Presentation 12:00pm Sharla Sullivan 8/3/21 Peralta Hacienda Historical Park 6 Ben Glickstein Virtual Water conservation, creeks, and EBMUD careers 8:30am - "Water Keepers" class Presentation 9:30am 8/3/21 Orinda City Council 3 Director Young, Dave Virtual Drought and water supply, investments in 7:00pm - Briggs, Mike Hartlaub, Presentation infrastructure, and fuel reduction 8:30pm Scott Hill 8/5/21 EBRPD Lafayette-Moraga Trail 2, 3 Vice President Meeting Lafayette-Moraga Trail Anniversary 12pm - 1pm Anniversary Coleman
8/5/21 Contra Costa Mayors' Conference 1, 2, 3, 4, 7 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 100 6:30pm community updates. 8/10/21 MWWTP Virtual Tour District-wide Phoebe Grow and Virtual Tour Main Wastewater Treatment Plant 1pm - 2pm Zoe Lake 8/11/21 Exchange Club of San Ramon 2 Kathryn Horn Virtual Meeting No EBMUD speaker; attendance for networking and 40 11:30am - Valley (Danville) community updates. 1:00pm 8/12/21 West County Forum 1, 3 TBD Virtual Drought and water supply, water conservation, and 12pm - 1pm Presentation Sobrante WTP upgrades
8/18/21 San Leandro Rotary Club 5 Ben Glickstein and Virtual Drought, water planning and conservation 12:00pm - Anya Kamenskaya Presentation 1:30pm 8/18/21 Water Wednesday Speaker Series District-wide Kathryn Horn Virtual The other F Word, fire prevention in the watershed 6pm - 8pm Presentation 8/26/21 West County Mayors’ and 1, 3, 4 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 40 8:30am Supervisors Association community updates.
8/3/2021 10:29 AM Page 1 ATTACHMENT 2
Date/Time Group Ward District Speaker/ Type Topics Requested Estimated Attendee Audience 9/2/21 Contra Costa Mayors' Conference 1, 2, 3, 4, 7 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 100 6:30pm community updates.
9/8/21 Exchange Club of San Ramon 2 Kathryn Horn Virtual Meeting No EBMUD speaker; attendance for networking and 40 11:30am - Valley (Danville) community updates. 1:00pm 9/8/21 San Pablo Rotary Club 1 Director McIntosh and Virtual Drought update 12:15pm - Sharla Sullivan Presentation 1:30pm 9/13/21 Pleasant Hill City Council 2 Vice President Presentation Drought, water supply and infrastructure update 7:00pm - Coleman 8:30pm 9/14/21 Diablo Daughters of the American 2, 3 TBD TBD Water supply and drought 20 Revolution
9/15/21 Water Wednesday Speaker Series District-wide Greg Francek, Nelsy Virtual A mastodon drank my water and I can prove it 6pm Rodriguez, and Mona Presentation Favorite-Hill 9/20/21 Landscape Advisory Committee District-wide Kristin Bowman Virtual Lawn conversion and regenerative landscapes 2:00pm - Presentation 3:30pm 9/23/21 West County Mayors’ and 1, 3, 4 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 40 8:30am Supervisors Association community updates. 9/23/21 Pleasant Hill Rotary Club 2 Vice President Presentation Drought and water supply update 20 12pm - 2pm Coleman 10/7/21 Contra Costa Mayors' Conference 1, 2, 3, 4, 7 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 100 6:30pm community updates.
10/13/21 Exchange Club of San Ramon 2 Kathryn Horn Virtual Meeting No EBMUD speaker; attendance for networking and 40 11:30am - Valley (Danville) community updates. 1:00pm
8/3/2021 10:29 AM Page 2 ATTACHMENT 2
Date/Time Group Ward District Speaker/ Type Topics Requested Estimated Attendee Audience 10/20/21 Water Wednesday Speaker Series District-wide Sharla Sullivan Virtual Is all water the same? 6pm - 8pm Presentation
10/28/21 West County Mayors’ and 1, 3, 4 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 40 8:30am Supervisors Association community updates. 11/4/21 Contra Costa Mayors' Conference 1, 2, 3, 4, 7 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 100 6:30pm community updates.
11/10/21 Exchange Club of San Ramon 2 Kathryn Horn Virtual Meeting No EBMUD speaker; attendance for networking and 40 11:30am - Valley (Danville) community updates. 1:00pm 11/17/21 Water Wednesday Speaker Series District-wide Laura Luong Virtual Forecasting the future, water modeling 6pm - 8pm Presentation
12/2/21 Contra Costa Mayors' Conference 1, 2, 3, 4, 7 TBD Virtual Meeting No EBMUD speaker; attendance for networking and 100 6:30pm community updates. 12/8/21 Exchange Club of San Ramon 2 Kathryn Horn Virtual Meeting No EBMUD speaker; attendance for networking and 40 11:30am - Valley (Danville) community updates. 1:00pm
8/3/2021 10:29 AM Page 3 THIS PAGE INTENTIONALLY LEFT BLANK 18. EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 10, 2021
MEMO TO: Board of Directors
THROUGH: Clifford C. Chan, General Manager
FROM: Andrew L. Lee, Manager of Customer and Community Services
SUBJECT: Excessive Water Use Penalty Ordinance Amendment
SUMMARY
The District is amending the Excessive Water Use Penalty Ordinance 364-15 (Ordinance), enacted in 2015, to conform with changes to state law and to update specific provisions. The amendment will prohibit excessive water use during Stage 2 to 4 droughts when mandatory rationing is in effect and when the District is affected by a drought emergency declared by the Governor based on local conditions. The amendment will also authorize an associated penalty, provide customers an opportunity to correct an apparent violation before a financial penalty is imposed, and revise how the penalty is determined. This item was presented at the July 13, 2021 Planning Committee meeting and based on feedback from the Committee, staff will ask the Board for feedback on staff recommended updates to the Ordinance at its August 10, 2021 meeting.
DISCUSSION
On August 30, 2016, the Governor signed into law SB 814, adding language to the Water Code (commencing with section 365) that prohibits “excessive water use” by single-family residential (SFR) customers whenever mandatory rationing is in effect, or when the Governor declares a drought emergency based on local conditions. Each urban retail water supplier is required to define “excessive water use” within its own boundaries and establish a method of identifying and discouraging such excessive water use.
The District’s existing Ordinance predates SB 814 but complies with its requirements in most respects, particularly during Stages 3 and 4. However, the new Water Shortage Contingency Plan adopted by the Board on June 22, 2021 revised the District’s Drought Management Program guidelines to include mandatory rationing in a Stage 2 drought, where before rationing at this stage was voluntary. To comply with state law, the Ordinance must be amended to define and prohibit excessive water use, and provide for an associated penalty, during Stage 2 droughts when mandatory rationing is in effect.
In addition to amending the Ordinance to comply with state law, the District evaluated the penalty thresholds for the various stages of droughts. Under the existing Ordinance, the existing excessive water use thresholds are 60 CCF/month for Stage 3 and 40 CCF/month for Stage 4. Based on a review of 2020 billing data, setting the Stage 3 threshold at 59 CCF/month would affect
Board of Directors Excessive Water Use Penalty Ordinance Amendment August 10, 2021 Page 2
approximately 2 percent of customers, and while keeping the Stage 4 threshold at 40 CCF/month would affect approximately 5 percent of customers.
For Stage 2 droughts, staff recommends a penalty threshold of 77 CCF/month, or approximately 1,920 gallons per day of water use. This recommendation is based on the review of billing data for SFR customers from 2020 and taking into consideration the average water use for a SFR household that was inefficient but not excessive. Based on a review of 2020 billing data, approximately 1 percent of customers would be affected by this threshold.
Table 1 summarizes the recommended thresholds for Stages 2-4 droughts.
Table 1 – Recommended Stage 2-4 Thresholds Penalties Stage 2 Stage 3 Stage 4 Penalty Threshold, 55-day to 68-day billing cycle 154 CCF 118 CCF 80 CCF Penalty Threshold, 25- to 38-day billing cycle 77 CCF 59 CCF 40 CCF Approximate gallons per day 1,920 1,471 997 Customers with exceedance (2020 billing data) 1% 2% 5%
For the Stage 2, billing data from 2020 revealed approximately 1 percent or 3,314 of SFR customers had at least one billing cycle that exceeded the 77 CCF threshold. That number increased to 2 percent or 6,671 households for the Stage 3 threshold of 59 CCF, and approximately 5 percent or 16,300 of customers had a billing period that exceeded the Stage 4 threshold of 40 CCF. These percentages do not represent the number of customers using that much water on a regular basis.
NEXT STEPS
Based on Board input, staff will amend the Ordinance and conduct the first reading at the September 14, 2021 Board meeting. The second reading and Board consideration of adoption is scheduled for September 28, 2021. If the Board adopts the amended Ordinance, it will become effective 30 days later.
CCC:ALL:dlb
I:\SEC\2021 Board Related Items\ 081021Board Agenda Items\CCS - Excessive Water Use Penalty Ordinance .docx
18.
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 10, 2021
MEMO TO: Board of Directors
THROUGH: Clifford C. Chan, General Manager
FROM: Laura A. Acosta, Manager of Human Resources
SUBJECT: Racial Equity and Justice Project and Diversity, Equity, and Inclusion Strategic Plan Update
SUMMARY
This memo provides an update on the District’s Racial Equity and Justice (REJ) Project and Diversity, Equity, and Inclusion (DEI) Strategic Plan. This information will be presented at the August 10, 2021 Board meeting.
DISCUSSION
The REJ Project addresses the eight strategies identified in the District’s Board Resolution No. 35190-20. Implementation of these strategies is divided into three phases as part of the DEI Strategic Plan. Staff are currently implementing phase three of the strategies. In this phase, the work of the DEI Strategic Plan has merged with the REJ Project strategies.
Racial Equity and Justice Project
To date, staff have completed the following actions as part of the REJ Project:
Strategy 1 – (Listening to the Voices of Black and African Americans and Other Communities Impacted by Racism and Race-based Violence) • With the Claremont Employee Assistance Program, held two Strengthening Resilience & Enhancing Wellness sessions, in acknowledgement of the toll the past year has had on employees. An additional session is planned for August 19, 2021. • Conducted a request for information process to interview potential vendors for the creation of the bi-annual employee engagement/organizational health surveys, with an emphasis on the District’s inclusion culture.
Strategy 2 – (Identify Issues and Devise Solutions to the Impacts of Prejudice) To supplement The Winters Group Cultural Audit, staff is conducting focus groups with key groups that were either under engaged or not engaged including staff identifying as LGBTQIA+, Asian and Pacific Islander males, white males, and two or more races. External facilitators conducted the additional focus groups, and two focus groups were facilitated for each group. Racial Equity and Justice Project and Diversity, Equity, and Inclusion Strategic Plan Update Board of Directors Meeting August 10, 2021 Page 2
Strategy 3 – (Review District Processes and Practices) The District’s five pilot projects for racial equity continued utilizing the racial equity toolkit. All five teams are conducting or have completed the data analysis. The next step is the community engagement process. The Winters Group sub-contractor, O&G Racial Equity, is providing community engagement training for a small group of the District’s Core Team. This trained group will help to develop the long-term protocol for the District to conduct community engagement as part of the racial equity process for the future.
Strategy 4 – (Review and Enhance District Policies and Procedures to Identify and Address any Systemic Bias) The Winters Group is conducting a review of the District’s Civil Service Rules to identify potential barriers to the work of the Hiring and Recruitment Team and the Promotion and Retention Team. The Winters Group conducted an analysis and provided feedback for seven District policies. Staff have begun editing the policies and began developing a model for strategic review of policies and procedures which will be integrated into the DEI Strategic Plan, using the Government Alliance on Racial Equity (GARE) Racial Equity Toolkit.
Diversity, Equity, and Inclusion Strategic Plan
The Senior Management Team began a review of the Global Diversity Equity and Inclusion Benchmarks data and conducted a self-audit of District DEI practices. The benchmarking data is being integrated into the strategic plan with goals and objectives for building DEI maturity across all parts of the District. Staff are continuing to draft the DEI Strategic Plan.
State Water Resources Control Board Racial Equity Resolution
During their July 6, 2021 meeting, the State Water Resources Control Board presented a draft resolution titled Condemning Racism, Xenophobia, and Racial Injustice and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-Racism. The resolution acknowledges the Board’s responsibility to address racial inequities. The resolution cites the State Board’s commitment to the development of a Racial Equity Action Plan making racial equity, diversity, inclusion, and environmental justice central to their work and fulfilment of their mission.
The draft resolution is consistent with the District’s activities in this area, and the framework for the State Board’s Racial Equity Action Plan will be based on approaches recommended by GARE. This is also aligned with the District’s approach to the development of our Strategic Plan for Diversity, Equity, and Inclusion.
Racial Equity and Justice Project and Diversity, Equity, and Inclusion Strategic Plan Update Board of Directors Meeting August 10, 2021 Page 3
NEXT STEPS
In the next month, staff will work on the following action items:
• Continue implementing recommendations from Strategy 1, including finalizing the strategy for ongoing listening to the voices of all employees, through pulse and bi-annual employee engagement/organizational health surveys, and creation of a request for proposals for support in this area. • For Strategy 2, compile supplemental data from the focus groups and integrate as an addendum to the final version of The Winters Group Cultural Audit. • Continue development of the workplans for Strategies 2, 3, 4 and 5. • Continue implementing recommendations from Strategy 6, including engaging key stakeholders regarding integrating this under Procedure 227-Equal Employment Opportunity Discrimination, Harassment and Retaliation Complaints, Investigations and Appeals, finalizing the tracking process, and developing training on safety protocols. • Continue the work of the Racial Equity Pilot Projects. • Continue development of the DEI Strategic Plan.
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Attachment: State Water Resources Control Board Resolution
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STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2021-
CONDEMNING RACISM, XENOPHOBIA, AND RACIAL INJUSTICE AND STRENGTHENING COMMITMENT TO RACIAL EQUITY, DIVERSITY, INCLUSION, ACCESS, AND ANTI-RACISM
WHEREAS: 1. As part of the California Environmental Protection Agency (CalEPA), the shared mission of the State Water Resources Control Board (State Water Board) and nine Regional Water Quality Control Boards (Regional Water Boards), collectively Water Boards, is to preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use for the benefit of present and future generations. In relation to this mission, the Water Boards accept responsibility for confronting structural and institutional racism and advancing racial equity. According to the Government Alliance on Race and Equity (GARE), racial equity occurs when race can no longer be used to predict life outcomes, and outcomes for all groups are improved.
2. Historically, government agencies used race to establish structures and systems that continue to deliver disparate outcomes, including wealth, health, and environmental inequities. Because race intersects with many, if not all, other marginalized identities, prioritizing and addressing racial inequities improves outcomes for other marginalized communities.
3. CalEPA’s 2021 Pollution and Prejudice Story map demonstrates that historically redlined neighborhoods are “generally associated with worse environmental conditions and greater population vulnerability to the effects of pollution today.” In addition, Black, Indigenous, and people of color are overrepresented in the neighborhoods that are the most environmentally degraded and are still experiencing severe racial wealth gaps caused by redlining and other land-use practices.
4. The Office of Environmental Health Hazard Assessment’s (OEHHA’s) CalEnviroScreen mapping tool identifies communities that are disproportionately impacted by a combination of environmental stressors and socioeconomic disadvantages. The tool’s 2021 update reveals that the top 10 percent of least- polluted neighborhoods are 72 percent white, while the top 10 percent of most- polluted neighborhoods are 89 percent Black, Indigenous, and people of color.
5. In contrast, State of California workforce census data from 2020 show that 43% of the state’s population is white, yet about 56% of the Water Boards’ workforce and 68% of the Water Boards’ management is white. Only 42% of the Water Boards’ workforce and 32% of its management are Black, Indigenous, and people of color compared to 63% of the state’s population. D R A F T June 24, 2021
6. Contaminated water sources disproportionately burden low-income communities and Black, Indigenous, and people of color communities throughout California, further exacerbating persistent inequities, which can be seen in data collected by the Human Right to Water Framework and Data Tool 1.0 (released January 2021).
7. In September 2012, with the enactment of Water Code section 106.3, California became the first state in the nation to legislatively recognize the human right to water. It states, in part, “...every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.”
8. In February 2016, to advance the implementation of Water Code section 106.3, the State Water Board adopted Resolution No. 2016-0010, “The Human Right to Water as a Core Value and Directing Its Implementation in Water Board Programs and Activities.” Resolution No. 2016-0010 includes direction for the Water Boards’ staff to work with stakeholders to improve the State Water Board’s administration of its programs and projects to realize the human right to water.
9. From 2016 to 2019, the North Coast, Central Coast, Central Valley, and Santa Ana Regional Water Boards adopted similar resolutions, further elevating and emphasizing the importance of the human right to water in the Water Boards’ work and the need to improve administration of the Water Boards’ programs and projects to realize the human right to water.
10. In March 2017, the State Water Board adopted Resolution No. 2017-0012, “Comprehensive Response to Climate Change,” directing a proactive approach to climate change in all State Water Board actions, including drinking water regulation, water quality protection, diversification of regional water supplies, and financial assistance. The effects of climate change—including extreme changes in water cycle patterns, flooding, sea level rise, and heat—are expected to become more severe every year, leading to threatened access to safe and affordable water, increased demand for limited water and wastewater infrastructure funding, and increased risk of cumulative, negative health and economic outcomes for all communities. Climate change impacts disproportionately affect Black, Indigenous, people of color and unsheltered communities.
11. From 2017 to 2018, the San Diego, Los Angeles, and Lahontan Regional Water Boards adopted similar resolutions to direct staff to address the impacts of climate change. In addition to specific climate change resolutions, the San Francisco Bay, Los Angeles and Central Valley Regional Water Boards have developed and implemented climate change action plans.
12. In recent years, California has passed critical legislation and bonds, administered and implemented by the Water Boards, to fund projects that remediate the harm, or threat of harm, to human health, safety, and the environment caused by existing or threatened surface water and groundwater contamination. These include, among others, Senate Bill (SB) 445 (2014), establishing the Site Cleanup Subaccount Program; the Water Quality, Supply, and Infrastructure Improvement Act of 2014
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(Proposition 1); the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68); and SB 828 (2016), establishing the Drinking Water for Schools Grant Program. Many of these programs set aside or target specific funding for projects in disadvantaged and severely disadvantaged communities, thereby further advancing environmental and economic justice and the realization of safe, clean water for all.
13. In 2019, California enacted SB 200, establishing the $130 million per year Safe and Affordable Drinking Water Fund. In conjunction with SB 200, the State Water Board created the Safe and Affordable Funding for Equity and Resilience (SAFER) Program to advance the human right to water. The SAFER Program encompasses regulatory, funding, and public engagement strategies to work toward long-term solutions for the estimated 1 million Californians without access to safe drinking water, thereby advancing environmental and economic justice.
14. In 2021, the State Water Board released the 2021 SAFER Drinking Water Needs Assessment, which (1) identifies California small water systems and domestic wells that are failing, or at risk of failing, to provide access to safe drinking water; (2) estimates the cost of interim and long-term solutions for these systems; and (3) determines the statewide funding gap and affordability challenges that may be barriers to implementing these solutions. There are approximately 345 systems that fail to meet the goals of the human right to water. In addition, the needs assessment identified 617 at-risk public water systems, 611 at-risk state small water systems, and 80,000 at-risk domestic wells. It also identified 13 federally regulated tribal water systems that failed to meet the goals of the human right to water and 22 at- risk tribal water systems.
15. Since 2018, the Water Boards have been participating in GARE, an international network of governmental organizations working to achieve racial equity and advance opportunities for all. The GARE network utilizes a racial equity model of change described as iterative stages of normalizing, organizing, and operationalizing.
16. Since 2019, the Water Boards’ staff have been actively engaged in CalEPA’s racial equity team, which is implementing the agency’s “Plan to Achieve Racial Equity.” Approximately 40 of the Water Boards’ staff are participating across five sub-teams that are each focused on a specific outcome: (1) improve access to data and information on racial equity; (2) improve communication with communities and partners; (3) improve language access; (4) advance racial equity trainings for the CalEPA workforce; and (5) improve workforce hiring, retention, and promotion practices to advance racial equity within the environmental protection role that each board, department, and office shares with CalEPA.
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17. In 2019, the Water Boards released the document, “Immediate Hiring Practices Action Plan for Advancing Workforce Diversity at the Water Boards” in alignment with CalEPA’s “Practices to Advance Racial Equity in Workforce Planning.” Both documents were developed to articulate the benefits of a diverse workforce and to identify practices to advance racial equity. The Water Boards’ plan directs hiring managers and supervisors to take specific short-term actions to improve workforce diversity while a more holistic plan is being developed.
18. In April and May 2020, CalEPA collaborated with GARE to survey staff of all CalEPA boards, departments, and offices, including the Water Boards, to establish baseline progress toward efforts to advance racial equity. Responses reveal that within the Water Boards’ workforce, the Water Boards are beginning to normalize conversations about racial equity by establishing the shared language, set of facts, and approaches required to advance racial equity. In addition, the summary report of the Water Boards’ staff responses indicates that more work is needed to further normalize racial equity, and it includes a specific recommendation for the Water Boards to center racial equity work on the perspectives and experiences of Black staff. Overall, the survey responses strongly support the need for additional training and tools for advancing racial equity and for stronger communication with staff.
19. During its August 18, 2020 meeting, the State Water Board directed staff to implement a racial equity initiative. Executive Director Sobeck established the Racial Equity Steering Committee and Working Group to advance the initiative. The Racial Equity Steering Committee’s charge is to ensure leadership remains committed to furthering racial equity and to direct the Working Group’s progress on implementing the following priorities: (1) establish a foundation of internal and external engagement that values listening and collaboration to drive action; (2) draft a resolution on racial equity to be considered for adoption by the State Water Board and also leveraged by the Regional Water Boards to adopt their own resolutions; and (3) develop racial equity strategies and action plans to drive the Water Boards’ efforts to institutionalize racial equity.
20. In November and December 2020, the Racial Equity Steering Committee and Working Group hosted four public listening sessions to solicit input on the challenges that Black, Indigenous, and people of color are facing and how the Water Boards can better facilitate equitable participation from these communities in their decision-making and policy development processes. Feedback from participants included several common themes, such as: a general distrust of government; feeling excluded from decision-making processes that ultimately affect them; not feeling heard when presenting issues to the Water Boards or that participation results in a change; a desire for more evidence that state government is committed to providing safe drinking water to disadvantaged communities; and concern that the Water Boards’ decision-makers and staff do not reflect the diversity of the communities they serve.
21. In March 2021, the Racial Equity Steering Committee and Working Group hosted listening sessions for the Water Boards’ staff to learn how the Water Boards can foster a workplace where all staff feel they belong and can contribute, and where
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the impacts of institutional racism are being recognized, addressed, and dismantled. To encourage honest, open discussion, each session was facilitated by professional racial equity consultants. Several common themes emerged during the sessions, such as: a general lack of opportunities to increase diversity and promote inclusion within the workforce; a need for mandatory training for all the Water Boards’ staff in the areas of racial equity, racism, implicit bias, and cultural competence; the importance of allocating resources to support racial equity efforts; and the need to bring a racial equity lens to the Water Boards’ decision-making processes, including more meaningful opportunities for community involvement.
22. Although the Water Boards’ racial equity and environmental justice work began prior to 2020, the national and worldwide backlash against racism toward Black people and related Black Lives Matter protests of 2020 accelerated and informed the Water Board’s decision to develop an initiative, resolution, and subsequent action plan to address racial inequities within the Water Boards and through the Water Boards’ work.
23. Historically, the Water Boards’ programs were established over a structural framework that perpetuated inequities based on race. These inequities persist, and prior to this resolution, the Water Boards had not explicitly acknowledged the role racism has played in creating inequities in affordability and access to clean and safe water and in the allocation and protection of water resources. Toward reconciliation, the State Water Board now acknowledges:
a. White supremacy is a systemically and institutionally perpetuated system of exploitation and oppression of nations and peoples of color by white people for the purpose of maintaining and defending a system of wealth, power, and privilege. In the United States, white supremacy led to the genocide and forced relocation of Indigenous people to facilitate white resettlement and the enslavement of Black people for white economic gain. White supremacy has been served by many other government policies targeting people of color, including for example, race-focused immigration restrictions, the internment of Japanese Americans, exclusionary housing policies, and lack of investment in communities of color.
b. White supremacist ideologies have driven many governmental policies for centuries and have created persistent racial inequities and deeply entrenched systems of oppression. The impacts of federal, state, and local decision-making and policies made decades ago continue to impose challenges for Black, Indigenous, and people of color, who still grapple with the lasting effects of historical racial inequities stemming from those governmental decisions and policies.
c. The colonization, displacement, and murder of Indigenous people in the United States have contributed to the loss of watershed management practices that supported Indigenous people’s traditional ways of life.
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Watersheds are now largely managed in the context of the large-scale diversion of water for municipal, industrial, agricultural, and commercial beneficial uses to the detriment of traditional, local uses and the Indigenous people that depend on them.
d. The historical seizures of land from Black, Indigenous, and people of color have had, and continue to have, long-standing impacts that extend beyond the loss of the land itself. These impacts include the loss of the associated water rights and other natural resources of value, lack of access to affordable and reliable governmental services, and forced relocation to areas with fewer or lower quality resources.
e. California government has played a role in historically and institutionally perpetuating racial inequities that Black, Indigenous and people of color continue to face. In California, race is a predictor of access to, and the quality of, the governmental services a person receives, including access to safe, clean water for drinking, and affordable services to support sanitation, and wastewater collection, treatment, and reuse. In fact, race is the strongest predictor of water and sanitation access.
f. To better represent and serve California’s communities, the Water Boards must address the connection between water management and systemic and institutional racism.
24. On a community scale, race is strongly correlated with more severe pollution burdens. However, none of the Water Boards’ policies, programs, or plans specifically consider or address racial inequities. As a government agency with a role in ensuring access to clean, safe, and affordable water for all Californians, the State Water Board recognizes the need to acknowledge racial inequity and to take action to address racial inequity within the agency and as part of the programs the Water Boards’ carry out for the communities we serve.
THEREFORE, BE IT RESOLVED THAT: The State Water Resources Control Board:
1. Condemns acts of racism, xenophobia, white supremacy, and institutional and systemic racism; adopts racial equity, diversity, and inclusion as core values; and acknowledges the role of government agencies — including the Water Boards — in redressing racial inequities and dismantling institutional and systemic racism.
2. Commits to making racial equity, diversity, inclusion, and environmental justice central to our work as we implement our mission so that the access the State Water Board creates, and outcomes it influences, are not determined by a person’s race and the benefits are shared equitably by all people.
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3. Commits to centering its work and decision-making on Black, Indigenous, and people of color who are disproportionately represented in the most vulnerable communities and in unsheltered populations, while ensuring the full benefits of the Water Boards’ programs for all people.
4. Reaffirms our commitment to upholding California’s human right to water law, upholding the State Water Board’s human right to water resolution, and demonstrating that every human being in California, including Black, Indigenous, and people of color, deserves safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitation purposes.
5. Reaffirms our commitment to ensuring cleanup of contaminated soil, soil vapor and groundwater; control of wastes discharged to land and surface water; and restoration of impaired surface waters to protect public health and environmental quality in all communities, particularly communities of color disproportionately burdened by environmental pollution.
6. Commits to expanding implementation of the State Water Board’s Climate Change Resolution to address the effects of sea-level rise and extreme hydrologic conditions, from drought to flooding, on Black, Indigenous, and people of color communities.
7. Directs staff to create a proposal by January 2022 to establish an Office of Equity, Diversity, and Inclusion to achieve a workplace, workforce, and work outcomes that reflect racial equity.
8. Directs staff to normalize conversations about racial equity and foster a workforce that competently integrates racial equity into our work by (1) developing and implementing training curricula for racial equity, diversity, inclusion, and environmental justice; (2) incorporating racial equity concepts into existing mandatory Water Boards training courses; (3) educating staff about Equal Employment Opportunity (EEO) laws and the Water Boards’ EEO Office’s process for preventing and responding to complaints of discrimination, harassment, bullying, or retaliation; (4) developing policies that will lead to a racially equitable and diverse workforce by ensuring the Water Boards’ Immediate Hiring Practices Action Plan addresses recruitment, hiring, retention, promotion, succession planning, mentorship, STEM outreach to schools, and leadership development; and (5) partnering with other organizations to expand opportunities for community capacity building.
9. Directs staff to develop strategies for effectively reaching and engaging with Black, Indigenous, and people of color communities; involving Tribes, stakeholders, and other interested parties in our decision-making processes; providing accessible, open and transparent opportunities for people to participate in our public meetings, hearings, and workshops; improving our communications by addressing barriers to public participation, including language, digital, and time-of-day access; and meeting people in their communities and spaces to seek out their perspectives.
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10. Directs staff to develop and implement a Racial Equity Action Plan that articulates a vision for racial equity and outlines specific actions the State Water Board will take to dismantle systems that perpetuate racial inequities while establishing new, resilient systems.
a. The plan shall include goals, objectives, actions, timelines, and metrics; incorporate all State Water Board divisions, offices, and programs; and address all aspects of our work, including, those detailed above in this resolution, as well as water quality control plans, policies, permits, enforcement, compliance assurance, contracting, funding, procurement, site remediation, monitoring, and water rights administration.
b. Staff shall advance a framework of transparency, accountability, and continuous improvement for our racial equity work by establishing metrics and using quantitative and qualitative data collection methods to measure and evaluate the Water Boards’ progress toward implementing those metrics; equitizing our systems, practices, and policies; and diversifying the Water Boards’ workforce.
c. Staff shall include a framework for analyzing how decisions and staff recommendations to the board may impact Black, Indigenous, and people of color communities.
d. Staff shall present the action plan to the Board no later than one year after adopting this resolution and report on implementation progress annually thereafter.
e. Staff shall provide updates on implementing the plan at least quarterly as part of the Executive Director’s Report.
11. Encourages the nine Regional Water Boards to adopt this resolution, or a similar resolution that condemns racism, xenophobia, and racial injustice; affirms a commitment to equity, diversity, inclusion and anti-racism; and otherwise prioritizes this important work.
CERTIFICATION
The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on [Instruction: Insert date].
Jeanine Townsend Clerk to the Board
8 18.
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 10, 2021
MEMO TO: Board of Directors
FROM: Clifford C. Chan, General Manager
SUBJECT: Monthly Report – July 2021
HIGHLIGHTS
Public Safety Power Shutoffs (PSPS). In July, the District deployed 31 rental generators throughout the service area in preparation for potential PSPS events this wildfire season. Additional generators will be procured for upcountry facilities to support Pardee operations, and to ensure visitors and residents have reliable water and sewer service. In FY21, staff began the procurement process for additional District-owned generators and secured a long-term rental agreement further reducing the rental costs.
On July 12, the U.S. Bureau of Reclamation (USBR) was notified that Contra Costa Water District (CCWD) intends to transfer 2,000 acre-feet (AF) of Central Valley Project (CVP) water to EBMUD. This water would be made available to EBMUD by using 2,000 AF of water from Los Vaqueros Reservoir in lieu of CCWD taking water from CCWD’s 2021 CVP contract allocation, allowing CCWD’s unused CVP water to be transferred to EBMUD for diversion at Freeport. Staff is coordinating with CCWD and USBR to plan and implement the water transfer in October 2021.
WATER SUPPLY
Water Operations update. Preparations continue with the U.S. Bureau of Reclamation to begin diverting 33,250 acre-feet (AF) of Central Valley Project water via the Freeport Regional Water Project in September. Reservoir storage continues to be actively managed to preserve available cold water for the lower Mokelumne River fishery this fall.
Canyon Lakes Golf Course recycled water update. In early July, the golf course began experiencing a significant drop in pressure on their recycled water supply during the overnight irrigation cycles. Staff met with Dublin San Ramon Services District to discuss and coordinate operational options or improvements that might increase the pressures during peak time demands.
Board of Directors Monthly Report – July 2021 Page 2
On July 8, staff provided Contra Costa Water District (CCWD) with an updated feasibility analysis for EBMUD’s raw water facilities that will contribute to the Los Vaqueros Reservoir Expansion Project’s public benefits. The feasibility analysis will support CCWD during an upcoming California Water Commission hearing to maintain eligibility for project grant funding, of which $23.6 million is designated for EBMUD facilities.
On July 9, the Marin Municipal Water District (MMWD) requested an evaluation of a potential emergency water transfer through EBMUD’s system in calendar year 2022 should drought conditions persist. Staff will coordinate with MMWD and their consultants in evaluating the potential emergency water transfer and wheeling options, developing operating criteria, and planning any necessary conveyance facilities.
Precipitation. There was no East Bay precipitation for July and the season total was 0.00 inches (0 percent of average). The Mokelumne precipitation for July was 0.40 inches (167 percent of average) and the season total was 0.40 inches (167 percent of average).
Water Releases
Camanche Reservoir. The average rate of Camanche release for July was 237 cfs (0 cfs generation, 207 cfs sluice, and 30 cfs through the hatchery), and the average flow below Woodbridge Dam was 30 cfs, both in accordance with the Joint Settlement Agreement "Dry" water year criteria.
East Bay Reservoirs. There were no East Bay reservoir releases in July.
Water Storage
Mokelumne reservoirs storage is 71 percent of average. As of July 31, 2021, Pardee was at 555.4 feet or 90 percent of average, and Camanche was at 197.1 feet or 59 percent of average. Combined Pardee and Camanche reservoir storage was 356,000 AF compared to 476,000 AF last year.
East Bay reservoirs storage is 85 percent of average. As of July 31, 2021, USL was at 437.2 feet or 78 percent of average, San Pablo was at 288.8 feet or 68 percent of average, and Briones was at 568.7 feet or 100 percent of average. Total terminal reservoir storage was 108,000 AF compared to 121,000 AF last year.
Mokelumne Aqueducts and Raw Water Pumping Plants (RWPPs). The average rate of Mokelumne Aqueduct draft for July 2021 was 151 MGD. Walnut Creek, Moraga and Briones RWPPs remained out of service for the month.
Board of Directors Monthly Report – July 2021 Page 3
Water Production. Average rate of gross water production for July:
Average of July 2021 July 2020 July 2013 FY 2005-2007 East of Hills 68 MGD 73 MGD 88 MGD 99 MGD West of Hills 125 MGD 138 MGD 152 MGD 187 MGD Total 193 MGD 211 MGD 240 MGD 286 MGD Max Day 209 MGD 222 MGD 259 MGD
Production (7/9/2021) (7/15/2020) (7/1/2013) Note: Data are all from preliminary daily operational reports and are subject to revision
WATER QUALITY AND ENVIRONMENTAL PROTECTION
Chinook salmon update. In July, final abundance estimates were calculated for the juvenile Chinook salmon outmigration season. Between December 14, 2020 and the conclusion of the season on June 25, 2021, 11,773 and 29,419 naturally produced juvenile Chinook salmon were observed in the upstream and downstream traps, respectively. Based on trap calibrations, this equates to a production estimate of 196,356 juvenile salmon at the upstream trap, and an outmigration estimate of 82,145 juvenile salmon at the downstream traps. Survival was approximately 42 percent between traps, one of the three highest survival rates observed since 2008, when the upper trap began operation. The high survival was likely due to low river temperatures during the egg incubation and juvenile rearing period. Once the Water Year was classified as Dry and river temperatures increased, smolts were transported from the downstream traps to the Delta to bypass high downstream river temperatures, as required in the Joint Settlement Agreement. Between May 11 and June 13, 2021, a total of 22,581 Chinook salmon smolts were transported to the Delta.
In July, staff completed night electrofishing at the Camanche and Pardee Reservoirs for the biennial fish community survey. No native fish species were captured during the survey, only warm water invasive fish (e.g., bluegill, spotted bass, green sunfish, redear sunfish, and largemouth bass). The lack of native fish observed is likely due to high summer water temperatures during the survey (21.1–28.2°C).
In July, staff began initial testing of predator event recorders (PERs) within the lower Mokelumne River. The National Marine Fisheries Service developed PERs as a method to document predation by tethering a juvenile hatchery salmon to a small digital camera and releasing the unit into the river. When a predation event occurs on the tethered salmon, footage of the incident and associated Global Positioning System and timing data is recorded. Field testing of PERs will help determine the method’s potential effectiveness in studying predation on juvenile salmon in the Lower Mokelumne River. Testing is expected to be completed in August and provided the testing goes well, next year full deployment is planned.
In July, the Lower San Leandro Creek Data and Monitoring Report was finalized. The report summarizes data and monitoring efforts that have been conducted in lower San Leandro Creek over the past three years as directed by the 2017 San Leandro Creek Study Plan. The data Board of Directors Monthly Report – July 2021 Page 4
and monitoring plan describes changes in salmonid habitat downstream of Chabot Dam at various flows and explores the potential effects of reservoir operations on water temperatures downstream. This report is one of the precursors to the San Leandro Creek Fisheries Management Plan and will ultimately become an appendix of the fisheries management plan when it is completed.
In July, staff completed the tag life study for the first year of the acoustic telemetry project researching outmigration survival of juvenile Chinook salmon within the lower Mokelumne River. The tag life study assessed shedding rates of acoustic tags after surgical implantation into juvenile salmon, post-surgery mortality, and battery life of acoustic tags. Fifty- one fish, each with a surgically implanted acoustic tag, were included in the study. Study fish were held at the Mokelumne River Fish Hatchery. After 30 days, no mortalities or tag shedding was observed.
On July 1, the District submitted the annual Upper San Leandro Tower Construction Revegetation Monitoring Report to the California Department of Fish and Wildlife and the San Francisco Regional Water Quality Control Board. The report is the third of five annual monitoring reports and demonstrates compliance with the permits issued during the retrofit project. The report will need to be reviewed and approved by the regulatory agencies.
On July 15, the District submitted a deviation report to the Bay Area Air Quality Management District regarding a digester gas leak originating from the low-pressure gas holder (LPGH) at the Main Wastewater Treatment Plant’s (MWWTP) Power Generation Station (PGS). Within the LPGH is an inner membrane that rises and falls based on pressure fluctuations in the digester gas system. An investigation of the incident found that the leak occurred on the seal between the membrane and the side wall of the LPGH. The leak was estimated to be 19 cubic feet per minute over 32 hours. The leak was identified on July 14, based on observed digester gas odors at the LPGH, and ended on July 15 when the LPGH was isolated from the gas system. The LPGH served as a reservoir of digester gas for the PGS; recent changes at the MWWTP have allowed the LPGH be permanently removed from service.
On July 17, approximately 500 deceased non-native forage and warmwater game fish were observed along the Rabbit Creek Arm of Camanche Reservoir. While staff coordinated efforts for appropriate notifications and clean-up operations, natural predation was sufficient to clear the area of any dead fish. This is a recurring event when Camanche Reservoir elevation drops below the levels that keep the Rabbit Creek Arm connected to the main reservoir. No significant fish population impacts are expected.
On July 23, the 2021 elderberry survey was completed on the Camanche and Pardee watershed. Approximately 910 elderberry bushes were mapped on the watershed. The previous elderberry survey was completed in 2017, when a total of 806 bushes were mapped. The increase of 107 bushes is due to mitigation plantings and natural recruitment. Elderberry surveys are completed approximately every three years as part of the Mokelumne Watershed Safe Harbor Agreement monitoring requirements. Board of Directors Monthly Report – July 2021 Page 5
On July 27, the District’s Dam Safety Program Audit kicked off with a meeting between the consultants and staff. Staff conducted a site visit of Camanche Dam, Camanche Spillway, Pardee Dam, Pardee South Spillway, and Jackson Creek Spillway. Concurrently, staff performed a normal inspection and measured surveillance instruments. The audit consultants conducted interviews with field attendees to understand typical communication processes between field and engineering staff. The consultant audit team indicated they received a sufficient overview of the field inspection processes following the site visit and is on track to complete their audit for submittal to the Federal Energy Regulatory Commission.
All authorized discharges from the Main Wastewater Treatment Plant (MWWTP) were in compliance with the permit limits for the month of July. This is the 263rd consecutive month that the MWWTP experienced no exceedances.
The District received no odor complaints from the public in July.
INFRASTRUCTURE INVESTMENT
Bayfair Pumping Plant and Peralta Regular Replacement & Peralta, South, and May PP Plants Demolition project update. On July 7, staff successfully commissioned and placed in operation the rehabilitated Bayfair Pumping Plant and new Peralta Regulator. The $13 million project involved replacing the 53-year-old Bayfair Pumping Plant, demolishing Peralta, South, and May Pumping Plants, replacing the Peralta Regulator, and replacing approximately 2,400 feet of pipeline on Estudillo Avenue in San Leandro. The last phase of work, including demolition of the old Bayfair and Peralta pumping plants is scheduled for completion in August 2021.
In July, staff completed a pipeline replacement project in the Maubert Avenue area in San Leandro. This project replaced cast iron pipe with approximately 3,085 feet of 6-inch structurally-enhanced polyvinyl chloride pipe. This project included a pilot to study the cost- effectiveness of direct hauling spoils from the job site directly to a final disposal site (Dumbarton Quarry).
In July, staff completed a pipeline replacement project in the Shady Glen Road area in Walnut Creek. This project replaced asbestos cement pipe and mortar-lined coated steel pipe with approximately 5,480 feet of 6- and 8-inch structurally-enhanced polyvinyl chloride pipe.
In July, staff completed a pipeline replacement project in the Santa Rita Drive area in Walnut Creek. This project replaced asbestos cement pipe and cast iron pipe with approximately 845 feet of 4- and 6-inch mortar-lined zinc coated ductile iron pipe.
In July, staff began a pipeline replacement project in the Sutter Avenue area in San Pablo. This project will replace cast iron pipe with approximately 2,685 feet of 8-inch mortar-lined zinc coated ductile iron pipe. This project is expected to be completed in September 2021.
Board of Directors Monthly Report – July 2021 Page 6
Construction of the Wildcat Pipeline Improvement – Berkeley project was completed under Specification 2111. The $11.72 million project included furnishing and installing approximately 5,550 feet of 48-inch mortar lined and coated steel (ML&CS) pipe, 110 feet of 60-inch steel pipe casing by auger bore method, and pavement restoration in Berkeley.
Construction of the Fire Trail and Jensen No. 1 Pumping Plants Replacement project was completed under Specification 2126. The $4.34 million project involved the rehabilitation of two pumping plants in one building, the construction of a new electrical room adjacent to the existing pumping plant building, and various site improvements in Castro Valley.
Mains repaired in July totaled 81. The attached table lists the mains repaired by staff in July, sorted by city and street. The table indicates the source of the leaks in three categories: non- surfacing leaks discovered by leak detection technologies, breaks caused by contractors or other agencies, and all other main breaks. The associated map shows the location of the main repairs.
CUSTOMER AND COMMUNITY SERVICES
East Bay Plain Subbasin update. On July 8, the public comment period ended for the Notice of Exemption (NOE) for the East Bay Plain (EBP) Subbasin Characterization – Well Drilling Project. There were no comments received. The NOE covered six proposed nested well drilling sites in EBMUD and the City of Hayward service areas being completed under a $680,000 Proposition 68 grant from the Department of Water Resources. On July 14, the District hosted a virtual Technical Advisory Committee (TAC) meeting for the East Bay Plain Subbasin Groundwater Sustainability Plan. Information was presented on the future groundwater scenario and discussed the sustainable management criteria evaluation for each of the six sustainability indicators.
On July 2, the Dam Safety Steering Committee (DSSC) completed a review of the revised mass communication protocol for the Emergency Action Plan (EAP). The DSSC endorsed the use of Everbridge for emergency notifications of a dam safety condition affecting the District’s Federal Energy Regulatory Commission project. The upcoming mid-cycle revision of the EAP, scheduled for August 2021, will incorporate this revised protocol and update roles and responsibilities, relieving the staff to focus on operational issues instead of making live phone calls with emergency management agencies. The revisions will also include updates to contact information.
On July 6, staff presented at the San Pablo City Council meeting. The presentation topics were water supply and drought. Approximately 30 people attended.
On July 8, staff met with Contra Costa County (County) to discuss the Sobrante Water Treatment Plant Reliability Improvements Project. Staff reviewed the project’s purpose, scope, traffic count data needs and environmental impact report approach. The County’s concerns for the project include impacts to paved roadways, staging areas, construction traffic and noise, and stormwater site drainage. The County suggested the District outreach to the El Board of Directors Monthly Report – July 2021 Page 7
Sobrante Municipal Advisory Council prior to release of any public environmental documents. Staff will continue to coordinate with County staff as the project moves forward.
On July 8 and 14, staff presented at the Jackson Valley Irrigation District’s (JVID) Ad-Hoc Drought Committee and Board meetings. At the JVID General Manager’s request, staff provided a presentation on the Mokelumne River water supply resources and demands, and the District’s methodology for estimating water available for JVID.
On July 12, staff met with City of Richmond (City) to discuss the Sobrante Water Treatment Plant Reliability Improvements Project. Staff reviewed the project’s purpose, scope, traffic count data needs and environmental impact report approach. The City’s concerns for the project include odors from the treatment process, staging areas, and construction traffic and noise. The City suggested the District conduct outreach to several neighborhood councils and the local Fire Department prior to release of any public environmental documents. Staff will continue to coordinate with the City as the project moves forward.
On July 12 and 15, staff participated in the Water Forum Cross Caucus and the American River Group meetings. Staff received information on the U.S. Bureau of Reclamation’s monthly operating objectives, temperature management plan, and releases to the Lower American River from Folsom Reservoir.
On July 13, staff presented at the Hercules City Council meeting. The presentation highlighted budget, rates, water supply and drought. Approximately 25 people attended.
On July 15, staff met with Castro Valley residents near Cull Creek Reservoir Tank. Staff provided information on the process of draining reservoir systems and diverting water. Approximately 20 people attended.
On July 15, the District conducted a field visit of a pipeline replacement project in Oakland for Contra Costa Water District (CCWD). CCWD staff witnessed an iPVC pipeline replacement project and observed current District construction methods for pipeline infrastructure renewals.
On July 20, staff presented at the El Cerrito City Council meeting. The presentation highlighted drought, fire season land management, public safety power shutoff planning and water conservation. Approximately 40 people attended.
On July 20, staff presented at the Pinole City Council meeting. The presentation highlighted water supply and drought. Approximately 30 people attended.
On July 21, the District hosted the virtual Wednesday Speaker Series Event. The topic was “Drought, water you doing about it?” Approximately 200 people attended.
Board of Directors Monthly Report – July 2021 Page 8
On July 22, staff presented at the Kiwanis Club of Moraga Valley meeting. The presentation highlighted water supply and drought, and infrastructure investments such as the Moraga Flood and Erosion Control Project. Approximately 30 people attended.
On July 23, staff presented at the Lamorinda Village senior group meeting. The presentation highlighted the District’s water and wastewater systems. Approximately 50 people attended.
On July 23, staff presented at the Women in Environment’s virtual Wildfires and Their Downstream Effects: Mitigation and Response meeting. The presentation highlighted the types of emergencies the District responds to, its primary goals when adapting to emergencies, and the planning activities that keep the District prepared to respond to a variety of unforeseen situations. Approximately 120 people attended.
On July 28, staff presented at the Berkeley City Council meeting. The presentation highlighted drought. Approximately 160 people attended.
Media. The focus was on drought and water conservation status, the Governor’s 15 percent conservation goal, and water saving tips with stories in the SF Chronicle, East Bay Times, Daily Cal, Danville San Ramon, KGO7, KRON4, KNTV11, KPIX5, SF Gate, Wild 94.9, Lamorinda Weekly, Henchoencalifornia1010.
In addition, EBMUD’s denial of water supply for the Tassajara Parks development was covered widely: Danville San Ramon, Patch, SF Gate, KQED, KTVU, Sing Tao Daily, and an editorial in the East Bay Times.
Amador Ledger Dispatch included a guest commentary on a water rate increase in Amador County mentioning EBMUD/Amador water rights. Danville San Ramon highlighted EBMUD’s recycled water partnership with Dublin San Ramon Services District. KGO7 and ESPN did an inspirational story about the Oakland A’s which included a profile of a retiree.
The media was invited to the July 21 session of the Water Wednesday Speaker Series on drought and water conservation tips.
Social Media:
Change Social Impression # Popular Topic Over Last Platform Generation Followers Month Twitter Super Rebate 937 3,492 24 Facebook Irrigation basics 495 1,196 -423 LinkedIn Career Opportunities 991 6,549 61 Nextdoor EBMUD Customer Pipeline Distribution to entire service area.
Board of Directors Monthly Report – July 2021 Page 9
Staff conducted public outreach to neighbors and interested parties on the following projects:
• Castenada Reservoir Rehabilitation Project (San Ramon) • Cathodic Protection Anode Wells Demolition Project (Danville, Lafayette, Moraga, Oakland, Orinda) • Cull Creek Reservoir Project (Castro Valley) • Glen Reservoir Demolition Project (Lafayette) • Mulholland Reservoir Rehabilitation Project (Orinda) • San Pablo Clearwell & Rate Control Station Replacement Project (Kensington) • Seneca Reservoir Demolition Project (Oakland) • Sherwick Reservoir Project (Oakland) • Talbot Cluster Pipeline Rebuild Project (Albany) • Walnut Street Cluster Pipeline Replacement Project (Oakland) • Westside Pumping Plant Replacement Project (Orinda)
Contract Equity
• On July 19, the District hosted a virtual business forum Upcoming Construction Contract Opportunities. Staff provided information on EBMUD, the Contract Equity Program, upcoming Capital Improvement Program contracting opportunities and contracting process including public works contractor registration and prevailing wage requirements. Approximately 40 people attended.
• On July 20, staff participated in the NorCal Procurement Technical Assistance Center’s Norcal Gov2Biz Matchmaker Session. Staff provided information on EBMUD, the Contract Equity Program, contracting processes and upcoming contracting opportunities. Approximately 90 people attended.
• On July 23, the District co-hosted a networking mixer with Women Construction Owners and Executives. Staff provided information on the Contract Equity Program and small business incentives. The event included a presentation on how to effectively respond to problems and change orders to keep a construction project moving. Approximately 25 people attended.
Contract Equity staff participated in the following customer events and outreach activities:
• July 1 - U.S. Small Business Association, Introduction to Federal Contracting and the Women Owned Small Business Program virtual forum – 80 attended. • July 15 - Women Business Enterprise Council, Request for Proposal Workshop – 34 attended • July 22 - Salesforce's Representation Matters Summit – 200 attended • July 26 - National Veteran-Owned Business Association, Monday Corporate Engagement Hour – 43 attended
Board of Directors Monthly Report – July 2021 Page 10
Water Conservation
On July 16, staff presented to the Grand Lake Gardens, an independent living multi-family residence in Oakland. The presentation highlighted the District’s water supply, the drought, and best practices for indoor and outdoor water savings. Staff also provided information on the District’s landscape rebate programs, the Home Survey Kit, and free water saving devices. Approximately 10 people attended.
On July 23, staff presented at the Sustainable Contra Costa’s Green Sofa Cinema webinar series. The presentation highlighted the District’s water supply, drought update, indoor and outdoor water conservation tips and resources, and related the information to the content in the National Geographics video – The Last Drop. Approximately 40 people attended.
WORKFORCE PLANNING AND DEVELOPMENT
In July, updates were made to the District’s COVID-19 protocols. Regulatory updates to the Division of Occupational Safety and Health of California regulations and the California Department of Public Health protocols required staff to rapidly assess changing regulatory requirements, develop resources, and communicate protocol changes. This included updates to requirements for physical distancing, face coverings, gatherings, voluntary respirator use, and carpooling. The Required Safety Practice 5800 (COVID-19 Prevention) was updated and resources were developed on the intranet including video training and information pages.
In July, staff met with the University of California (UC) Berkeley, the Los Angeles Department of Water and Power, Contra Costa Water District, and Metropolitan Water District to discuss proposed plans for the development of a Smart Infrastructure Center on the UC Berkeley Campus. These meetings provided an opportunity to discuss research opportunities at the Smart Infrastructure Center and future partnerships.
On July 29, the District celebrated the conclusion of the Summer 2021 High School Virtual Internship Program (VIP). Local high school interns (representing each Ward) were celebrated by their mentors and peers for successful completion of the internship program. Through VIP, student-interns worked in small teams on projects designed by their assigned EBMUD mentors to address a variety of water/wastewater issues and problems. In the final week, each team of interns presented their final project to a live virtual audience. Each intern also wrote a formal letter and created a short video message to be delivered to their respective EBMUD Board member. Approximately 40 people attended.
On July 29, staff attended the American Water Works Association and the National Oceanic and Atmospheric Agency webinar on examining the data and tools to better understand the ramifications associated with the current drought.
Board of Directors Monthly Report – July 2021 Page 11
Staff participated in events/activities that support the District’s long-term efforts to develop a diverse pipeline of candidates for future workforce needs and expand collaborative relationships with local partner organizations:
• July 9, staff participated in the Skilled Trades Fair coordinated by Oakland Unified School District (OUSD) and Cypress Mandela Training Center (CMTC). Staff provided information on skilled trades careers at EBMUD and in the broader water and wastewater industry. EBMUD meter mechanics also provided a hands-on learning activity. Approximately 100 people attended.
• July 23, staff participated in the Oakland Unified School District’s 2021 Demonstration of Mastery event. Staff provided information on planning and preparing for successful education and career pathways after high school. Approximately 100 people attended.
• July 23, staff participated in a panel discussion on “Post-high school, College and Career Pathways” hosted by San Francisco Public Utilities Commission’s (SFPUC) “Project Pull.” Staff provided information on planning and preparing for successful education and career pathways after high school. Approximately 50 people attended.
• July 27, staff participated in Castro Valley High School’s Summer Intern Showcase. Staff provided information on planning and preparing for successful education and career pathways after high school. Approximately 25 people attended.
• July 28, staff participated in San Leandro’s Internship and Work-Based Learning Showcase. Staff provided information on planning and preparing for successful education and career pathways after high school. Approximately 60 people attended.
Tuition Reimbursement July 2021 FY22 Total # of Employees 25 25 # of Classes 49 49 Total Reimbursed $39,119 $39,119
Employment Information July 2021 FY22 Total Retirements – Regular 5 5 Retirements – Vested 1 1 Hires/Rehires 12 12 Other Separations 9 9
Board of Directors Monthly Report – July 2021 Page 12
FINANCIAL STABILITY
The construction contract with Western Water Constructors for the Orinda Water Treatment Plant Maintenance and Scouring Air System Upgrade Project requires an increase in the change order contingency. Costs increased due to additional requirements placed on the project from the COVID-19 health orders and differing site conditions which changed the planned integration of the improvements into the existing systems. It is estimated the change order contingency will need to be raised to $1,030,312 or 16 percent of the original contract amount of $6,439,450.
The construction contract with Disney Construction for the Fire Trail and Jensen No. 1 Pumping Plants Replacement Project requires an increase in the change order contingency. Costs increased on the project due to project delays associated with COVID-19 restrictions at the valve fabrication plants. The change order contingency will need to be raised to $499,000, or 11.5 percent of the original contract amount of $4,340,000.
The Fiscal Year (FY) 2021 revenue of $12.33 million from the Resource Recovery program tip fees exceeded the past record. The tip fee revenue in FY21 represents a 3.7 percent increase over FY20 and is slightly higher than the previous record of $12.29 million in FY19. Over the past five years, tip fee revenues have been approximately $12 million annually.
The estimated earned revenue from the Main Wastewater Treatment Plant Power Generation Station’s surplus power sales for June is $55,920. The District sold renewable power and related Renewable Energy Credits (RECs) to the Port of Oakland. Sale of RECs generated $12,864 from the Port of Oakland. Earned revenue for FY22 to date is estimated at $55,920 or 7.5 percent of the total FY22 budget of $750,000.
The estimated earned revenue from Mokelumne power sales for July is $279,970. The District sold renewable power and related Renewable Energy Credits (RECs) to Marin Clean Energy (MCE). A total of $20,770 was generated from REC sales – all from MCE. Resource Adequacy (RA) capacity sales to 3 Phases Renewables, Inc. and East Bay Community Energy (EBCE) collectively earned $121,624. Earned revenue to date through July is estimated at $279,970 or 5.6 percent of the FY22 budgeted $5.0 million. Forecasted revenue for FY22 is $4.47 million.
Board of Directors Monthly Report – July 2021 Page 13
There were no material, supply, or construction contracts from $80,001 to $100,000 approved by the General Manager in July 2021. There were two general and professional service agreements from $30,001 up to $80,000 approved by the General Manager in July 2021.
VENDOR DATE CEP ITEM (S) CONTRACT PROJECT VALUE NAME AWARDED STATUS PURCHASED TERM American 07/13/21 White Male Provide chiller, freezer, N/A N/A $79,000 Chiller Service, and HVAC maintenance Inc. and repair services at the Mokelumne River Fish Hatchery and associated residences V&A 07/13/21 White Male Inspection and evaluation N/A N/A $47,490 Consulting of the discharge header Engineers, Inc. pipe at Pump Station H
Board of Directors Monthly Report – July 2021 Page 14
Water Sales (Consumption)
The following consumption information provides the average water consumption in millions of gallons per day (MGD) for FY21. Budgeted average daily water consumption for FY21 is 143 MGD with higher consumption in summer months due to outdoor watering. The table below shows the average billed water consumption information by customer class with a comparison to FY20 data for the same period of time.
Alameda and Contra Costa counties’ public health departments issued “shelter-in-place” orders from March 17, 2020 through June 14, 2021. While this has limited the activities of businesses, industries, schools and public agencies within the service area, the District has not seen a significant impact from the pandemic on overall water consumption. However, the District has experienced some shift in usage types as seen below. Staff continues to monitor billed water sales and water production for changing trends. The shelter-in-place order was rescinded on June 15, 2021. Due to projections of low water supply in FY22, the Board declared a Stage 1 drought on April 27, 2021 asking customers to voluntarily conserve 10 percent.
FY21 End of Year Billed Water Consumption Year-over-Year Usage Type FY21 (MGD) FY20 (MGD) (% change) Residential 81.4 77.3 5.3% Commercial 47.2 47.7 -1.0% Industrial 17.3 16.0 8.1% Public Authority 6.8 6.8 0.0% Total Billed Water Consumption 152.7 147.8 3.3%
BILLED WATER CONSUMPTION (MGD) 300
250
200 FY21 YTD
150 FY21
MGD BUDGET 100
50
0 JULY AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN CONSUMPTION
Source: Customer Information System
Board of Directors Monthly Report – July 2021 Page 15
Water Sales (Revenue) Water revenues billed for FY21 were $620.1 million or 9.3% more than the $567.4 million billed for the same period in FY20. This increase reflects the 6.25% FY21 rate increase and higher water consumption. Total FY21 billed water revenues were $37.6 million, or 6.5%, greater than the budgeted water revenue of $582.5 million.
CUMULATIVE BILLED WATER REVENUE ($ MILLIONS)
650 600 550 500 450
400 FY21 YTD 350 FY21 BUDGET 300 FY20 ACTUAL 250 MILLIONS OF MILLIONS $ 200 150 100 50 0 JULY AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
BILLED REVENUES
Source: Customer Information
In summary, the District ended FY21 with water consumption of 152.5 MGD (3.3% more than FY20) and water sales revenue of $620.1 million ($37.6 million more than the FY21 budgeted water sales revenue). Board of Directors Monthly Report – July 2021 Page 16
July 2021 MAIN BREAK REPAIRS Pipe Year Est Water Completed KPI City Pre Street Suf Pipe Material Identified On Diameter Installed Loss (Gal) On Met? ALAMO DANVILLE BL ASBESTOS CEMENT 6.00 1962 14,400 7/8/2021 7/12/2021 Y ALAMO ENTRADA VERDE ASBESTOS CEMENT 6.00 1961 540 7/22/2021 7/22/2021 Y ALAMO LAS TRAMPAS RD ASBESTOS CEMENT 6.00 1974 8,640 7/21/2021 7/22/2021 Y ALAMO MIRANDA AVE ASBESTOS CEMENT 6.00 1953 9,000 7/16/2021 7/17/2021 Y ALAMO TRACY CT ASBESTOS CEMENT 6.00 1980 3,150 7/25/2021 7/25/2021 Y ALBANY WASHINGTON AVE ASBESTOS CEMENT 8.00 1948 6,750 7/27/2021 7/27/2021 Y BERKELEY 10TH ST CAST IRON 8.00 1925 10,080 6/30/2021 7/6/2021 Y BERKELEY ALVARADO RD STEEL 16.00 1927 0 7/6/2021 7/6/2021 Y BERKELEY CAMELIA ST CAST IRON 6.00 1933 900 7/21/2021 7/21/2021 Y BERKELEY DELAWARE ST CAST IRON 6.00 1927 21,600 7/25/2021 7/29/2021 Y BERKELEY FULTON ST CAST IRON 6.00 1949 2,250 7/27/2021 7/27/2021 Y BERKELEY GILMAN ST CAST IRON 12.00 1937 0 7/7/2021 7/15/2021 Y BERKELEY HEARST AVE CAST IRON 6.00 1940 8,640 7/14/2021 7/19/2021 Y CASTRO VALLEY JAMES AVE CAST IRON 6.00 1953 1,800 7/19/2021 7/19/2021 Y CASTRO VALLEY SOMERSET AVE CAST IRON 12.00 1950 20,160 7/14/2021 7/27/2021 N DANVILLE BENT OAK CT ASBESTOS CEMENT 6.00 1984 4,500 7/27/2021 7/27/2021 Y DANVILLE BOUNTIFUL CT ASBESTOS CEMENT 6.00 1975 2,250 7/14/2021 7/15/2021 Y DANVILLE DONNA LN ASBESTOS CEMENT 6.00 1951 4,050 7/15/2021 7/15/2021 Y DANVILLE MARIPOSA CT ASBESTOS CEMENT 6.00 1958 57,600 7/10/2021 7/19/2021 Y DANVILLE MATADERA WAY ASBESTOS CEMENT 6.00 1985 9,000 7/22/2021 7/22/2021 Y DANVILLE PARK HILL RD ASBESTOS CEMENT 8.00 1973 11,520 7/20/2021 7/27/2021 Y DANVILLE ST GEORGE RD ASBESTOS CEMENT 8.00 1977 44,910 7/30/2021 7/30/2021 Y EL CERRITO ALVA AVE CAST IRON 6.00 1953 2,250 7/28/2021 7/29/2021 Y EL CERRITO LEXINGTON AVE CAST IRON 6.00 1925 8,640 7/8/2021 7/13/2021 Y HAYWARD W A ST ASBESTOS CEMENT 6.00 1956 17,280 7/15/2021 7/20/2021 Y LAFAYETTE ACALANES AVE CAST IRON 6.00 1946 14,400 7/19/2021 7/20/2021 Y LAFAYETTE LAS TRAMPAS RD CAST IRON 4.00 1948 23,040 7/21/2021 7/28/2021 Y LAFAYETTE MOUNTAIN VIEW DR STEEL 6.00 1982 17,910 7/1/2021 7/1/2021 Y LAFAYETTE OAK ST ASBESTOS CEMENT 6.00 1955 14,400 6/29/2021 7/8/2021 Y
*KPI = turn around time to repair the leak
Board of Directors Monthly Report – July 2021 Page 17
July 2021 MAIN BREAK REPAIRS Pipe Year Est Water Completed KPI City Pre Street Suf Pipe Material Identified On Diameter Installed Loss (Gal) On Met? LAFAYETTE PLEASANT HILL RD CAST IRON 8.00 Unknown 11,520 7/13/2021 7/14/2021 Y LAFAYETTE SILVERHILL WAY ASBESTOS CEMENT 6.00 1980 1,800 7/11/2021 7/12/2021 Y LAFAYETTE N THOMPSON RD ASBESTOS CEMENT 6.00 1956 54,000 7/17/2021 7/18/2021 Y LAFAYETTE VAUGHN RD ASBESTOS CEMENT 6.00 1978 0 7/14/2021 7/22/2021 Y LAFAYETTE WEST TER STEEL 12.00 1955 46,080 6/28/2021 7/13/2021 N OAKLAND 24TH ST CAST IRON 4.00 1894 10,080 7/20/2021 7/26/2021 Y OAKLAND 36TH ST CAST IRON 4.00 1937 3,600 7/7/2021 7/8/2021 Y OAKLAND 45TH AVE CAST IRON 6.00 1924 12,960 7/20/2021 7/28/2021 Y OAKLAND 64TH AVE CAST IRON 4.00 1913 11,520 7/19/2021 7/26/2021 Y OAKLAND 71ST AVE CAST IRON 4.00 1937 3,600 7/17/2021 7/17/2021 Y OAKLAND 72ND AVE CAST IRON 6.00 1937 1,350 6/30/2021 7/1/2021 Y OAKLAND BERLIN WAY CAST IRON 6.00 1937 21,600 6/28/2021 7/12/2021 Y OAKLAND DAKOTA ST CAST IRON 6.00 1931 12,960 7/20/2021 7/28/2021 Y OAKLAND ELM ST CAST IRON 6.00 1932 9,000 7/4/2021 7/4/2021 Y OAKLAND ELYSIAN FIELDS DR ASBESTOS CEMENT 12.00 1957 24,480 6/22/2021 7/8/2021 Y OAKLAND ETTIE ST ASBESTOS CEMENT 6.00 1953 18,000 7/7/2021 7/7/2021 Y OAKLAND FAIRMOUNT AVE CAST IRON 4.00 1933 5,760 7/19/2021 7/22/2021 Y OAKLAND GRAND AVE STEEL 8.00 1968 8,640 7/16/2021 7/21/2021 Y OAKLAND HEGENBERGER RD CAST IRON 12.00 1941 69,120 6/11/2021 7/28/2021 N OAKLAND HOLLY ST CAST IRON 6.00 1927 9,000 7/18/2021 7/18/2021 Y OAKLAND INTERNATIONAL BL CAST IRON 6.00 1906 9,000 7/21/2021 7/21/2021 Y OAKLAND MOUNTAIN BL CAST IRON 8.00 1927 900 7/21/2021 7/21/2021 Y OAKLAND PARTRIDGE AVE CAST IRON 6.00 1939 450 7/7/2021 7/7/2021 Y OAKLAND PLEITNER AVE CAST IRON 6.00 1939 11,520 6/30/2021 7/7/2021 Y OAKLAND SHATTUCK AVE CAST IRON 4.00 1920 0 6/30/2021 7/6/2021 Y OAKLAND SNOWDOWN AVE ASBESTOS CEMENT 8.00 1959 0 7/1/2021 7/15/2021 Y OAKLAND WILSON AVE CAST IRON 6.00 1954 9,000 7/13/2021 7/13/2021 Y ORINDA CAMINO SOBRANTE CAST IRON 6.00 1934 14,400 7/19/2021 7/28/2021 Y ORINDA CRESTVIEW DR CAST IRON 4.00 1942 12,960 7/6/2021 7/14/2021 Y
*KPI = turn around time to repair the leak
Board of Directors Monthly Report – July 2021 Page 18
July 2021 MAIN BREAK REPAIRS Pipe Year Est Water Completed KPI City Pre Street Suf Pipe Material Identified On Diameter Installed Loss (Gal) On Met? ORINDA LA ESPIRAL CAST IRON 6.00 1934 4,500 7/23/2021 7/23/2021 Y ORINDA LINDA VISTA CAST IRON 4.00 1934 2,700 7/16/2021 7/16/2021 Y ORINDA MUTH DR ASBESTOS CEMENT 6.00 1963 4,320 6/29/2021 7/1/2021 Y ORINDA ORCHARD RD CAST IRON 6.00 1938 3,600 7/11/2021 7/11/2021 Y PIEDMONT FAIRVIEW AVE CAST IRON 2.00 1933 8,640 7/9/2021 7/14/2021 Y PIEDMONT GRAND AVE CAST IRON 4.00 1938 7,200 7/11/2021 7/15/2021 Y PINOLE STOKES AVE ASBESTOS CEMENT 6.00 1959 4,500 7/14/2021 7/14/2021 Y RICHMOND 15TH ST CAST IRON 4.00 1935 8,640 7/7/2021 7/9/2021 Y RICHMOND CLAREMONT AVE CAST IRON 6.00 1939 8,640 7/10/2021 7/15/2021 Y RICHMOND GREENWOOD DR CAST IRON 6.00 1943 450 7/22/2021 7/23/2021 Y RICHMOND GROVE AVE CAST IRON 6.00 1945 8,640 7/14/2021 7/19/2021 Y RICHMOND RUBY AVE STEEL 8.00 Unknown 1,350 7/3/2021 7/4/2021 Y SAN LEANDRO E 14TH ST ASBESTOS CEMENT 6.00 1960 2,250 7/17/2021 7/18/2021 Y SAN LEANDRO DAVIS ST CAST IRON 8.00 1949 1,440 7/20/2021 7/20/2021 Y SAN LEANDRO SANTA MARIA ST CAST IRON 4.00 1934 18,000 7/15/2021 7/15/2021 Y SAN PABLO 19TH ST CAST IRON 6.00 1940 17,280 7/21/2021 7/26/2021 Y WALNUT CREEK GRANDVIEW PL CAST IRON 4.00 1932 1,800 7/1/2021 7/1/2021 Y WALNUT CREEK JUANITA DR CAST IRON 6.00 1945 900 7/23/2021 7/23/2021 Y WALNUT CREEK MURWOOD DR ASBESTOS CEMENT 6.00 1955 1,800 7/27/2021 7/28/2021 Y WALNUT CREEK NEWELL AVE ASBESTOS CEMENT 6.00 1959 17,280 7/15/2021 7/26/2021 N WALNUT CREEK SHARENE LN ASBESTOS CEMENT 6.00 1961 1,350 7/11/2021 7/12/2021 Y WALNUT CREEK SHARENE LN ASBESTOS CEMENT 6.00 1961 12,960 7/19/2021 7/27/2021 Y WALNUT CREEK WARD DR ASBESTOS CEMENT 6.00 1960 31,680 6/26/2021 7/6/2021 Y Total 902,880 Non-surfacing leaks discovered by leak detection technologies 2 Breaks caused by contractors or other agencies 2 Other main breaks 77 Total water main repairs 81
*KPI = turn around time to repair the leak
Board of Directors Monthly Report – July 2021 Page 19
Board of Directors Monthly Report – June 2021 Page 20
19. EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 5, 2021
MEMO TO: Board of Directors
THROUGH: Clifford C. Chan, General Manager
FROM: Rischa S. Cole, Secretary of the District
SUBJECT: Planning Committee Minutes – July 13, 2021
Chair Marguerite Young called to order the Planning Committee meeting at 9:00 a.m. She announced that in accordance with the Governor’s Executive Order N-08-21, which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. A physical location will not be provided for this meeting. Directors Frank Mellon and Lesa R. McIntosh were present at roll call. Staff participants included General Manager Clifford C. Chan, General Counsel Derek T. McDonald, Director of Engineering and Construction Olujimi O. Yoloye, Senior Civil Engineer David H. Katzev, Construction/Maintenance Superintendent Benjamin D. Ricketts-Mann, Director of Water and Natural Resources Michael T. Tognolini, Manager of Mokelumne Watershed and Recreation Charles C. Beckman, Manager of Customer and Community Services Andrew L. Lee, Manager of Water Conservation Alice E. Towey, and Secretary of the District Rischa S. Cole.
Public Comment. None.
Pipeline Rebuild Program (Program) Update. Senior Civil Engineer David H. Katzev and Construction/Maintenance Superintendent Benjamin D. Ricketts-Mann presented information on Program activities in Fiscal Year 2021 (FY21) and plans for FY22. Mr. Katzev summarized the Program mission and goals and reported in FY21, the District replaced approximately 25 miles of pipe which exceeded the 20-mile replacement goal. In FY22, the District will maintain the 20-mile replacement goal and increase the goal to 22.5 miles in FY23/24 and 25 miles in FY25. Staff has been scaling up and leveraging improvements identified during the Program’s pilot phase and will continue working to reduce water loss and main breaks. They discussed how staff is using technology to notify customers regarding work on their streets; the addition of leadership staff and a 12th pipeline crew to help achieve increased pipeline replacement goals; streamlined pipeline design processes; completed pilot projects including a satellite leak detection pilot to assess the water loss vulnerability of distribution pipes and a study that documents estimated earthquake-induced likelihood of failure scores for pipelines; prioritizing pipes based on performance to maximize the effectiveness of the pipeline replacement work; how ductile iron pipe has been implemented as a standard pipe replacement material in distribution pipeline replacement projects; how planned projects will begin using earthquake resistant ductile iron pipe in FY22; academic partnerships; and continued research on new hazard-resilient materials. Some challenges in FY21 included supply availability and delivery, obtaining permits for paving restorations, work disruptions due to red flag warnings, and impacts to recruitments and field work coordination due to COVID-19. Next, they reviewed the average construction and labor costs to replace pipe; average time to install pipe and/or transfer services and how these correlate to the number of days crews are present and working in neighborhoods; research and innovation efforts; the neutral output discharge elimination system truck unit pilot; and plans to move the large-scale testing equipment from the Cornell University lab to UC Berkeley. Mr. Katzev highlighted FY22 Program goals for pipe design and installation; training; pipeline migration analysis to determine deterioration rates; long-term resource loading and replacement strategy; and Board of Directors Planning Committee Minutes of July 13, 2021 August 5, 2021 Page 2 of 3 innovation. Staff responded to Committee questions about the number of main breaks in FY20 and FY21, total miles of pipe replaced since 2000, and whether the District is still using trenchless technologies for pipeline installations. The Committee asked about the number of women currently working on District pipeline crews; information that shows main breaks identified by leak detection loggers versus other methods; and suggested having additional signage that includes project timeframes at or in the vicinity of pipe replacement projects. General Manager Clifford C. Chan said the General Manager’s monthly report includes information on which main breaks are identified by leak detection loggers.
- Addressing the Committee was 1) George Cleveland, employee and customer commented about signage and advance notification on a pipeline replacement project in his neighborhood and the District’s pipeline replacement selection process; and 2) Margo Schueler, retiree and Chair of the Berkeley Public Works Commission congratulated staff on their efforts and commented on Berkeley’s utility paving coordination efforts.
Trail User Permit (TUP) Review. Manager of Mokelumne Watershed and Recreation Charles C. Beckman presented an overview of the TUP Program, a TUP pilot for Customer Assistance Program (CAP) participants and plans to promote use of District trails to low-income customers and disadvantaged communities. This item was held over from the June 8, 2021 Planning Committee meeting. The Trail Use Permit (TUP) Program was implemented in 1973 to monitor recreational trail use on watershed lands. TUPs are also used for emergency response purposes and are valuable tools to educate the public on the District’s rules and regulations related to trail use. In addition to its functional uses, the District committed to administer a permit-based trail program in the East Bay Low Effect Habitat Conservation Plan and elected to provide, through a permit-based trail program, limited revokable privilege of access to watershed lands under its Federal Energy Regulatory Commission license. Mr. Beckman reviewed current TUP fees as well as administration costs and revenue, noting administration costs do not include trail maintenance and patrols. In response to a public inquiry at the March 23, 2021 Board meeting regarding equity and availability of TUPs to underserved and low-income trail users, staff conducted a review of the TUP Program and is recommending a one-year pilot to offer free one-year TUPs to CAP participants. Staff will evaluate offering free one-day TUPs as an option to expand trail access to disadvantaged communities including users who do not have a District account and is also developing strategies to reach non-CAP customers, low-income non-bill paying customers, and users outside the District’s service area. He said the District is partnering with external organizations that work with disadvantaged communities to promote the use of EBMUD trails and recreation venues. Staff will present findings on the TUP pilot and results from outreach efforts in fall 2022. The Committee asked about the costs to maintain and patrol trails and fire roads and whether the District offers service groups the opportunity to perform maintenance work on the trails. The Committee asked staff to include service area Title 1 schools in outreach efforts, explore streamlining the permit application process, and consider offering free trail days similar to free park days offered by the National Park Service.
- Addressing the Committee was Mat Fogarty, customer, who commented on being stopped by armed patrol during a hike to confirm he had a TUP and urged the Committee to consider eliminating TUPs.
Research and Innovation at EBMUD. General Manager Clifford C. Chan provided a brief overview of a potential partnership with UC Berkeley to establish the Center for Smart Infrastructure to develop and test emerging technologies. However, due to time constraints, this item was held over to a future meeting. Board of Directors Planning Committee Minutes of July 13, 2021 August 5, 2021 Page 3 of 3
Excessive Water Use Penalty Ordinance Amendment. Manager of Water Conservation Alice E. Towey presented an overview of the current ordinance and proposed amendments. The ordinance was enacted in 2015 during the last drought to discourage excessive discretionary use of water by single family residential (SFR) customers during a Stage 3 and 4 drought. She reviewed the requirements in SB 814 which was signed into law in 2016 and prohibits excessive water use by SFR customers whenever mandatory rationing is in effect, or when the Governor has declared a drought emergency based on local conditions. The excessive water use prohibition also applies to customers in multi-family residences if each unit is individually metered or sub-metered by the urban retail water supplier. While the ordinance complies with SB 814 requirements in most respects, the new Water Shortage Contingency Plan adopted by the Board in June 2021 revised the District’s Drought Management Program guidelines to include mandatory rationing as part of Stage 2 droughts; prior to this revision, rationing at this stage was voluntary. To comply with state law, the ordinance must be amended to define excessive water use in either gallons or CCF; establish a method of identifying and discouraging such excessive water use; and provide for an associated penalty during Stage 2 droughts when mandatory rationing is in effect. Ms. Towey reviewed the recommended amendments which include 1) updates to clarify that the District’s legal authority to implement the ordinance derives from SB 814, which is codified in Water Code section 365 et seq. One effect of this update is that excessive water use would no longer be a misdemeanor; rather, a violation would result in an infraction or administrative civil penalty consistent with Water Code section 366; 2) include a penalty threshold of 140 CCF of potable water per bi-monthly billing cycle (equating to 70 CCF per month), or approximately 1,745 gallons per day of water use for Stage 2 droughts when mandatory rationing is in effect; 3) remove a specific dollar amount (currently $2 per CCF), and instead establish a maximum penalty only at the level authorized by statute and authorize the Board to set the penalty during a given drought. The Board would have discretion to set the penalty at a different amount at each drought stage; and 4) remove the penalty and add a warning for the first billing cycle that exceeds the threshold. The current ordinance states a customer is in violation the first time their use exceeds the threshold, and a penalty is imposed on their next bill (which also serves as the notice of violation). The amendment would treat a customer’s first incident of excessive water use during a drought cycle as a non-violation. Staff will present the ordinance amendments to the Board at its August 10, 2021 meeting for additional input. The first reading of the ordinance is scheduled for September 14, 2021 and the second reading on September 28, 2021. The ordinance would become effective 30 days after enactment. Staff responded to Committee questions about lowering the penalty thresholds for Stage 3 and 4 droughts and whether SB 814 takes precedence over agency-imposed measures. The Committee asked staff to consider excessive water use penalty thresholds based on top water users and to show water in gallons and not CCF in outreach materials and communications.
Adjournment. Chair Young adjourned the meeting at 10:30 a.m.
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EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: August 5, 2021
MEMO TO: Board of Directors
THROUGH: Clifford C. Chan, General Manager
FROM: Rischa S. Cole, Secretary of the District
SUBJECT: Legislative/Human Resources Committee Minutes – July 13, 2021
Chair John A. Coleman called to order the Legislative/Human Resources Committee meeting at 10:33 a.m. He announced that in accordance with the Governor’s Executive Order N-08-21, which suspends portions of the Brown Act, this meeting will be conducted by webinar and teleconference only. A physical location was not provided for this meeting. Directors McIntosh and Patterson were present at roll call. Staff participants included General Manager Clifford C. Chan, General Counsel Derek T. McDonald, Manager of Legislative Affairs Marlaigne K. Dumaine, and Secretary of the District Rischa S. Cole.
Public Comment. None.
Legislative Update. Manager of Legislative Affairs Marlaigne K. Dumaine provided an overview of three bills in Legislative Report No. 07-21. AB 1066 (Bloom) - Priority Inland Water-Contact Recreation Sites: Water Quality Monitoring, as amended on June 24, 2021, is consistent with EBMUD’s mission and is intended to protect public health by providing a path to establish an inland water recreation site water quality monitoring program. SB 222 (Dodd) - Water Rate Assistance Program, would establish the Water Rate Assistance Program to provide water affordability assistance for both drinking water and wastewater services to low-income ratepayers and is generally intended to implement recommendations in the State Water Resources Control Board’s Low-Income Water Rate Assistance Final Report. Regarding Budget Trailer Bill (TBD) SupplyBank: Oakport Street Project: Clarifying Language: Transportation, Ms. Dumaine reported that since 2018, SupplyBank.Org has been working to meet California Environmental Quality Act (CEQA) requirements and obtain the necessary construction permits from the City of Oakland for the Oakport Street Project. The project, located on the District’s Oakport property in Oakland, is led by SupplyBank.Org and would develop a distribution center for emergency supplies, a non-profit office space hub, and land improvements and shared warehouse space for EBMUD. SupplyBank.Org is seeking statutory clarification that the transportation analysis required under CEQA is complete. If the Board approves the Legislative Report at its meeting in the afternoon, she said the District will send a letter from the Board to Senator Skinner and Assemblymember Ting in support of SupplyBank.org and the Oakport Street Project. Next, Ms. Dumaine provided an update on state and federal activities including actions related to and funding sources for COVID-19 relief. She also reported Representative Eric Swalwell submitted a request to the House Appropriations subcommittees for the District to receive $3.5 million in federal funding for the Upper San Leandro (USL) Water Treatment Plant Maintenance and Reliability and USL and Sobrante Chemical System Safety Improvements Project. The project was one of nine community projects submitted for funding by Representative Swalwell. Senator Padilla’s office has indicated to staff that he is also pursuing a funding request for the project. Staff hosted a tour of Upper San Leandro Water Treatment Plant for Representative Swalwell on July 12. Staff responded to Committee questions regarding disposable Board of Directors Legislative/Human Resources Committee Minutes of July 13, 2021 August 5, 2021 Page 2 masks found in District water ways and at the wastewater treatment plant; the list of water agencies currently in opposition to SB 222; potential costs and the timeline for implementing the Water Rate Assistance Program in SB 222; the difference between a position of “Support if Amended” versus “Oppose Unless Amended”; and if customers that have overdue water bills submitted to the counties under the District’s lien program would be eligible for relief from the $1 billion Coronavirus State Fiscal Recovery Fund of 2021.
It was moved by Director McIntosh, seconded by Director Patterson, and carried (3-0) to support the staff recommendations for AB 1066 and SB 222. It was moved by Director Patterson, seconded by Director McIntosh, and carried (3-0) to support the staff recommendation for the budget trailer bill.
Adjournment. Chair Coleman adjourned the meeting at 10:59 a.m.
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