HomeMy WebLinkAboutMINUTES - 12201994 - 1.22 /.Ade
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 20, 1994
SUBJECT: ADOPT RESOLUTION AUTHORIZING SANITATION DISTRICT NO. 19 INVOLVEMENT
IN THE EAST COUNTY WATER SUPPLY MANAGEMENT STUDY COST SHARING
AGREEMENT, AND AUTHORIZE A DEPOSIT OF FUNDS NOT TO EXCEED $17,500
FORTHIS STUDY Project No. : 7393-6X9E90
Specific Request(s) or Recommendation(s)&Bac group us i ica ion
I. Recommended Action:
ADOPT resolution authorizing execution of the East County Water Supply Management Study
Phase II Agreement, which provides for cost sharing; and
AUTHORIZE a deposit of the amount required for the agreement, not to exceed $17,500.
Il. Financial Impact:
There are funds available in the Sanitation District No. 19 budget for this purpose. Under the
Phase II study agreement, the cost of Sanitation District No. 19 participation in the study is 4% of
the total cost of the study, and agreement terms require 125% of this amount on deposit. Based
on a (worst case) study cost of$350,000, a deposit of$17,500 by the Sanitation District No. 19 is
required. Some minor reallocation of costs is possible, should any of the eleven agencies choose
not to participate. This seems unlikely, given the strong commitment already demonstrated.
Agencies with the largest degree of monetary involvement, Contra Costa Water District (25%) and
the City of Brentwood (18%), have already committed to the project.
III. Reasons for Recommendations and Background:
In January 1992, Supervisor Torlakson initiated and the Board approved a referral to the Board's
Water Committee to evaluate and initiate a comprehensive water master plan for the east county
area. On April 7, 1992, the Water Committee recommended and the Board approved a request
of Contra Costa Water District (CCWD)to prepare the first phase of such a plan. In January 1994,
CCWD released the first phase report, detailing supply and demand issues in east county through
the year 2050. In April 1994, Supervisor Torlakson held an east county water workshop in
Brentwood where issues of concern to all east county parties were discussed, and CCWD
presented the phase one study.
`r
Continued on attachment: yes SIGNATURE/ GQ vas
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: DEC 2 0 APPROVED AS RECOMMENDED ✓ OTHER
VOT F SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN: th%Icat certifythat this Isatrue and correct copy of
an action taken and entered on the minutes of the
Board of Supgp�s�xsAn die shown.
ATTESTED: Ju[�b '(� M�
Contact: Skip Epperly,(510)313-2253 PHIL BATCHELOR, Clerk of the Board o
Orig.Div.: Pw(Special Districts) Supervisors and County Administrator
cc: Auditor-Controller n f
Accounting
SE:pe:fp BY OAJA ' 1Zea4_.____,Oeputy
g:\F LDCTL\S P Dist\BO\SD 19-20.t12
SUBJECT: ADOPT RESOLUTION AUTHORIZING SANITATION DISTRICT NO. 19
INVOLVEMENT IN THE EAST COUNTY WATER SUPPLY MANAGEMENT STUDY
COST SHARING AGREEMENT, AND AUTHORIZE A DEPOSIT OF FUNDS NOT TO
EXCEED $17,500 FOR THIS STUDY
December 20, 1994
Page -2-
111111. Reasons for Recommendations and Background: (cont.)
Since that time, the eleven agencies which now comprise the East County Water Management
Group have been meeting to establish content, methodology, financing and other mechanisms
to facilitate preparation of the detailed, comprehensive phase two study. The Water
Management Group has prepared an agreement between all agencies to provide for public
agency cost sharing, a schedule for study completion, outline of administrative procedures,
and sets up a committee of Governing Board Representatives in addition to the Joint (water)
Managers Committee. In addition, a scope of work and a matrix of agency study requirements
have been completed (short, middle and long-term needs are outlined). Requests for
consultant statements of interest in preparation of the study were sent to 26 firms, and two
consulting firms have indicated an interest in preparing proposals. Water Managers Group
review of consultant proposals and interviews will take place in mid December 1994.
The study is expected to be of approximately two years duration. The Water Managers Group
has done much to expedite this process and enable some short-term solutions to be available
by mid 1996.
The goal of the proposed East County Water Supply Management Study is to assure a reliable
supply of water for existing and future water users in east county through preparation of a
common water service document which considers preservation and management of existing
supplies, development of infrastructure alternatives, as well as some attention to the solution
of legal, institutional and financial issues. Phase one of the study dealt preliminarily with
supply and demand issues. The phase two report will consider alternative means of meeting
existing and future water demand in east county, including facility alternatives, water sources
and institutional arrangements.
The east county study area includes the Cities of Pittsburg, Antioch and Brentwood, and the
unincorporated areas of east Contra Costa County. Water managers in the cities and county
are currently meeting with district counterparts from the East Contra Costa Irrigation District,
Byron Bethany Irrigation District, Contra Costa Water District, Diablo Water District, Sanitary
District No. 19, Delta Diablo Sanitation District, and Ironhouse Sanitary District.
The Board Water Committee has review this issue with interest, and submitted a report to the
Board December 6, 1994.
IV. Consequences of Negative Action:
County share of costs will have to be shared by other agencies.
l Zz
East County Water Supply Management Study -- Phase II
Agreement Providing for Public Agency Cost Sharing
This Agreement is entered into this day of , 1994,by and
between the Cities of Brentwood, Antioch, and Pittsburg; Contra Costa County, Byron-
Bethany Irrigation District,Delta Diablo Sanitation District,Contra Costa County Sanitation
District 19,Diablo Water District,East Contra Costa Irrigation District,Ironhouse Sanitary
District,and Contra Costa Water District. These eleven agencies are collectively referred to
as the"member agencies."
PURPOSE:
The purpose of the Agreement is to create an Association to develop,evaluate,and
produce a report on alternative means of meeting future water demands in eastern Contra
Costa County,including facilities,water sources,and institutional arrangements.
RECITALS:
1. The Contra Costa Water District,at the request of the Board of Supervisors,
completed Phase I of the East County Water Supply Management Study,which provides a
preliminary analysis of future water demands and potential water supplies for East Contra
Costa County.
2. Phase H will consist of a detailed analysis of selected water service
alternatives, including new infrastructure requirements, cost estimates, implementation
requirements,and institutional issues.
3. The member agencies wish to cooperate in the preparation of the Phase H
study.
4. This Agreement provides a process for funding and conducting the Phase II
study.
AGREEMENT:
NOW,THEREFORE, the member agencies which are parties hereto set forth the
following terms and provisions of their agreement.
Page I
1. Recitals. The recitals contained heiein are an integral part of this
Agreement
2. Association Formed. The member agencies hereby form the East County
Water Management Association("ECWMA").
3. Governing Board Representatives (GBR). "The ECWMA shall be
governed and operated by the GBR which shall be comprised of one representative from
each member agency.the governing body of each member agency shall designate,and may
replace,one of its number as its representative,on the GBR No individual shall serve as the
representative of more than two member agencies. Each member agency shall have one vote
on the GBR. All actions of the GBR shall require the affirmative vote of a majority of its
members.
The GBR shall provide policy direction in the preparation of the Phase II Study, authorize
disbursement of funds in accordance with this Agreement and review the alternatives
developed in the Phase II Study.The GBR shall select a consultant and may authorize the
execution of contracts for the Phase II Study,and shall accept the work of the consultant for
final payment
The GBR shall choose a regular meeting date and shall meet at least once every two
months.
The GBR shall appoint one of its members as the Chair and one as Vice-Chair. The
Chair or any three members of the GBR may call a special meeting. A Secretary shall also
be appointed by the GBR.
The GBR shall authorize invoices for payment to the Phase II consultant in
accordance with the process set forth in Article I I of this Agreement
The meetings of the GBR shall be open to the public, noticed, and conducted in
accordance with the Brown Act,Government Code Section 54950 et seq.
4. Joint Managers Committee (.TMC). The managers of each of the eleven
member agencies shall be members of the JMC of the ECWMA which shall have primary
administrative responsibility for the implementation of this Agreement. The term
Page 2
"Manager"means City Manager,County Administrator,or General Manager of each of the
member agencies and then respective alternates designated by the member agency,or their
designees. The JMC shall appoint one of its members as the Chair and one as Vice-Chair.
The JMC may act directly or through a subcommittee established by a majority of its
members. Each member agency shall have one vote on the Committee.
5. Duties-of the Joint Managers Committee. The JMC will prepare a
Request for Proposal(RFP)for the Phase II Study,solicit proposals,review the proposals,
and negotiate an agreement with the recommended consultant for approval by the GBR
The JMC shall review and recommend invoices from the consultant to the GBR,
shall monitor the progress of the Phase II study,provide direction to the consultant on any
issues that arise during completion of the study, review findings, and communicate with
their governing boards or councils.
The JMC shall meet at least monthly.
6. Administrative Procedures. The GBR shall adopt bylaws, rules for
conduct of the meetings,and administrative procedures. The administrative procedures of a
member agency may be adopted for the Association by the GBR.
7. Cost of Study. The estimated cost to complete the Phase II study is
$(to be determined).
S. Payment of Costs. In order to fund the study, provide for the payment of
limited administrative costs and provide for payment of potential cost overruns,the member
agencies agree to deposit a total of 125% of the amount specified in the proceeding
paragraph with [title of person selected]who shall serve as Treasurer for
the Association, with the consent of f member agency], and the unanimous
approval of the GBR. Each agency's deposit is due upon its execution of this Agreement.
The Treasurer shall be the depository of and have custody of all funds of the Association
from whatever source. The Treasurer shall also perform all duties required to be performed
by an auditor. The Treasurer shall:
a. Receive and receipt all money of the Association and place it in the treasury
of the Association to the credit of the Association;
Page 3
b. Be responsible for the safekeeping and disbursement of all Association
money;
C. Pay,when due,from Association funds and upon the signature of the Chair
of the GBR and counter-signature of the Treasurer, all sums payable by the Association;
and
d. Verify the report in writing to the GBR on the fust day of each quarter of the
Association's fiscal year the amount of receipts since the last report and the amount paid out
since the last report.
e. Invest Association funds according to the policies and procedures of the
Treasurer's agency. Interest derived from deposited funds shall remain in the Association's
account.
9. Allocation of Initial Costs. (preliminary numbers-for illustration only)
Agengy Consultant Costs Percentage
Antioch $10,000 4%
BBID $10,000 4%
Brentwood $45,000 18%
CC County $62,500 25%
CCWD $62,500 25%
CCC Sanitation Dist. 19 $10,000 4%
DDSD $10,000 4%
DWD $10,000 4%
ECCID $10,000 4%
Ironhouse $10,000 4%
Pittsburg $10,000 4%
TOTAL $250 100%
Each agency's deposit will be 125%of their allocated cost.
10. Payment of Consultant Costs. Invoices received from the consultant shall
be reviewed by the JMC and forwarded with recommendation for payment to the GBR.
The GBR shall authorize payments. If authorized by majority vote of the GBR, the
Treasurer shall pay the invoice.
11. Supplemental Contributions. Any additional costs to the member
agencies above the amounts specified in paragraph 9 shall be assessed in proportion to the
Page 4
original amount contributed and shall only be assess by unanimous vote of the GBR,but
member agencies may make voluntary payments at any time.
12. Schedule. The GBR, JMC, and member agencies shall use their best
efforts to complete the tasks provided for in this Agreement according to the following
schedule:
GBR approves consultant
contract for Phase H study February 15, 1995
Consultant completes draft Phase II study February 1, 1996
JMC and GBR review draft
Phase II Study March 1, 1996
JMC and GBR and other
interested persons provide comments to
consultant March 1, 1996
JMC and GBR review revised draft April 1, 1996
Final Phase II study presented to GBR
for acceptance May 1, 1996
13. Advisory Group. The GBR may appoint an advisory group consisting of
a representative from any municipal advisory council (MAC) in the study area and other
political entities,groups or organizations that may have an interest in the Phase H study.
14. Ijabiliky. Each member agency agrees to indemnify and hold every other
member agency to this Agreement, and their officers, agents and employees, free and
harmless from any cost or liability imposed upon any other member agency, officers,
agents, or employees arising out of any acts or omissions of its own officers, agents, or
employees.
15. Cooperation. All of the member agencies agree that their respective
monetary contributions are an expression of an intent to cooperate in the preparation and
completion of a Phase II study.
16. Refunds. Upon termination of this Agreement, any remaining amounts
shall be refunded to the member agencies in proportion to the amount contributed by each.
Page 5
17. Termination. This Agreement shall terminate when the Phase H report has
been accepted as complete by the GBR and all amounts owing under this Agreement have
been paid. If a member agency, through its governing board, votes to terminate its
participation in the Phase 11 study,that agency will no longer participate on the GBR or
JMC. Deposits made theretofore will remain with the Association. Remaining costs will be
redistributed among the remaining participants, in proportion to their contribution to the
total contribution of remaining agencies.
18. Amendment. This Agreement may be amended only by a written
agreement approved by a unanimous vote of the member agencies.
19. Effective Date. This Agreement shall become effective upon approval by
all member agencies on or before February 15, 1995.
20. Notices. Notices authorized or required to be given pursuant to this
Agreement shall be in writing and shall be deemed to have been given when mailed,postage
prepaid, or delivered during working hours to the addresses set forth below for each
member agency. Each member agency that changes its address shall promptly provide
notice of the changed address to the Chair of the JMC,which address shall be substituted
for the address specified below.
City of Antioch
P.O. Box 130
Antioch,CA 94509
City of Brentwood
708 Third Street
Brentwood,CA 94513
Byron-Bethany Irrigation District
P.O. Box 273
Byron,CA 94514
Contra Costa County
651 Pine Street,No.Wing, Second Floor
Martinez,CA 94553-1229
Page 6
Contra Costa County Sanitation District 19
706 Willow Lake Road
Byron,CA 94514
Contra Costa Water District
P.O. Box H2O
Concord,CA 94524
Delta Diablo Sanitation District
2500 Pittsburg-Antioch Highway
Antioch,CA 94509
Diablo Water District
P.O. Box 127
Oakley,CA 94561
East Contra Costa Irrigation District
P.O. Box 696
Brentwood,CA 94513
Ironhouse Sanitary District
450 Walnut Meadows Drive
Oakley,CA 94561
City of Pittsburg
P.O. Box 1518
Pittsburg,CA 94565
21. Execution. This Agreement may be executed in several counterparts,each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by all parties hereto. In
approving this Agreement,it shall not be necessary to produce or account for more than one
such counterpart.
IN WITNESS WHEREOF, the parties hereto, pursuant to resolutions duly and
regularly adopted by their respective City Councils, Boards of Supervisors, Boards of
Directors or governing boards, have caused their names to be affixed by the party and
respective officers as of the day and year first above written.
Page 7
City of Antioch
By
Title Date
City of Brentwood
By
Title Date
Byron-Bethany Irrigation District
By
Title Date
Contra Costa County
By
Title Date
Contra Costa County Sanitation District 19
By
Title Date
Contra Costa Water District
By
Title Date
Delta Diablo Sanitation District
By
Title Date
Page 8
Diablo Water District
By
Title Date
East Contra Costa Irrigation District
By
Title Date
Ironhouse Sanitary District
By
Title Date
City of Pittsburg
By
Title- Date
DMc-rlr- 8
Page 9
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1• — �: 'tit .gyp•'\�. x�'•�`�•� �L:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t ' Z '
Adopted this Resolution on December 20, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 94/ 643
SUBJECT: A RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVI-
SORS ACTING AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA
COUNTY SANITATION DISTRICT NO. 19,AUTHORIZING EXECUTION OF THE
EAST COUNTY WATER SUPPLY MANAGEMENT STUDY, PHASE II
AGREEMENT PROVIDING FOR PUBLIC AGENCY COST SHARING.
BE IT RESOLVED by the Board of Supervisors of Contra Costa County acting as the Board of
Directors, Contra Costa County Sanitation District No. 19, that the Chair is hereby authorized to
execute, on behalf of the County, the East County Water Supply Management Study Phase II
Agreement.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su n h C o .
DPF:fp ATTESTED:
g:\FLDCTL\bo\San1920.t12 PHIL BATCHELOR, Clerk of the Boardof Supervisors and County Administrate?
Orig.Dept.: Public Works Department(Special Districts) .�J
Contact: Skip Epperly 313-2253 cc: County Administrator
Auditor-Controller
Accounting
RESOLUTION NO. 94/ 643
•
TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALTFORNIA
Adopted this Order OnDecember 201994 by the following vote:
AYES: Supervisors Smith, Bishop; DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 94/ 648
A RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
ACTING AS THE EX OFFICIO BOARD OF Dn=ORS OF THE CONTRA COSTA
COUNTY WATER AGFICY, AUTHORIZING EXECUTION OF THE EAST COUNTY
WATER SUPPLY MANAGEMENT STUDY, PHASE II AGREEMENT PROVIDING FOR
PUBLIC AGENCY COST SHARING
BE IT RESOLVED by the Board of Supervisors of Contra Costa County acting as the ex officio
Board of Directors, Contra Costa County Water Agency, hereby approves and authorizes its
Chair to execute, on behalf of the County, the East County Water Supply Management Study
Phase II Agreement.
I hereby certify that this is a true and correctcopyof
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: T1Pramhpr 20 1994
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By _. ,Deputy
2t(3:nv
1RG2:BC-0* =
odt•DWt Cath'm'dapw"
cbmaet ltab"acubn
,RESOLUTION N0. 94/ 648
Y
TO: BOARD OF SUPERVISORS Contra
FROM: HARVEY E. BRAGDON Costa
DIRECTOR OF COMMUNITY DEVELOPMENT �JLJ
unty
DATE: December 20, 1994 IJV
SUBJECT: ADOPT resolution authorizing County Water Agency involvement in the
East County Water Supply Management Study Cost Sharing Agreement, and
AUTHORIZE a deposit of funds not to exceed $109,375 for this study
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1a. Adopt resolution approving and authorizing execution of the East County Water Supply
Management Study Phase 11 Agreement, which provides for cost sharing.
1 b. Authorize a deposit of the amount required for the agreement, not to exceed $109,375.
FINANCIAL IMPACT
There are funds available in the Water Agency budget for this purpose. Under the Phase 11 study
agreement, the cost of County Water Agency participation in the study is 25% of the total cost of the
study, and agreement terms require 125% of this amount on deposit. Based on a (worst case) study
cost of $350,000, a deposit of $109,375 by the County Water Agency is required. Some minor
reallocation of costs is possible, should any of the eleven agencies choose not to participate. This
seems unlikely, given the strong commitment already demonstrated. Agencies with the largest degree
of monetary involvement, Contra Costa Water District (25%) and the City of Brentwood (18%) have
already committed to the project.
BACKGROUND AND REASONS FOR RECOMMENDATION
In January 1992, Supervisor Torlakson initiated and the Board approved a referral to the Board's Water
Committee to evaluate and initiate a comprehensive water master plan for the east county area. On
April 7, 1992, the Water Committee recommended and the Board approved a request of Contra Costa
Water District (CCWD) to prepare the first phase of such a plan. In January 1994, CCWD released the
first phase report, detailing supply and demand issues in east county through the year 2050. In April
1994, Supervisor Torlakson held an east county water workshop in Brentwood here issues of
concern to all east county parties were discussed, and CCWD presented the phase ne ud .
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN F BOAFP MMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December:10, APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: . CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Roberts Goulart (510) 646-2071
cc: Community Development Department (CDD) ATTESTED December 20, 1994
County Counsel PHIL BATCHELOR, CLERK OF THE
Sanitary District 19 - Public Works Dept. BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
n�
BY: r:AX»s t� e r��n, . DEPUTY
#RWAwe12.20A"
Board Order
East County Water Supply Management Study
Cost Sharing Agreement
December 20, 1994
- Page 2 -
BACKGROUND AND REASONS FOR RECOMMENDATION (Cont'd)
Since that time, the 11 agencies which now comprise the East County Water Management Group have
been meeting to establish content, methodology, financing and other mechanisms to facilitate
preparation of the detailed, comprehensive phase two study. The Water Management Group has
prepared an agreement between all agencies to provide for public agency cost sharing, a schedule for
study completion, outline of administrative procedures, and sets up a committee of Governing Board
Representatives in addition to the Joint(water) Managers Committee. In addition,a scope of work and
a matrix of agency study requirements have been completed (short, middle and long-term needs are
outlined). Requests for consultant statements of interest in preparation of the study were sent to 26
firms, and two consulting firms have indicated an interest in preparing proposals. Water Manager
Group review of consultant proposals and interviews will take place in mid-december, 1994.
The study is expected to be of approximately 2 years duration. The Water Managers Group has done
much to expedite this process and enable some short-term solutions to be available by mid-1996.
The goal of the proposed East County Water Supply Management Study is to assure a reliable supply
of water for existing and future water users in east county through preparation of a common water
service document which considers preservation and management of existing supplies, development of
infrastructure alternatives, as well as some attention to the solution of legal, institutional and financial
issues. Phase 1 of the study dealt preliminarily with supply and demand issues. The phase II report
will consider alternative means of meeting existing and future water demand in east county, including
facility alternatives, water sources and institutional arrangements.
The east county study area includes the Cities of Pittsburg, Antioch and Brentwood, and the
unincorporated areas of east County. Water managers in the cities and county are currently meeting
with district counterparts from the East Contra Costa Irrigation District, Byron Bethany Irrigation
District, Contra Costa Water District, Diablo Water District, Sanitary District 19, Delta Diablo Sanitation
District, and Ironhouse Sanitary District.
The Board's Water Committee has reviewed this issue with interest, and submitted a report to the
Board December 6, 1994.
eoa..
MG2Awe1z-zo.we
East County Water Supply Management Study --Phase II
Agreement Providing for Public Agency Cost Sharing
This Agreement is entered into this`day of . 1994,by and
between the Cities of Brentwood, Antioch, and Pittsburg, Contra Costa County, Byron-
Bethany Irrigation District,Delta Diablo Sanitation District,Contra Costa County Sanitation
District 19,Diablo Water District,East Contra Costa Irrigation District,Ironhouse Sanitary
District,and Contra Costa Water District. These eleven agencies are collectively referred to
as the"member agencies."
PURPOSE:
The purpose of the Agreement is to create an Association to develop,evaluate,and
produce a report on alternative means of meeting future water demands in eactrn Contra
Costa County,including facilities,water sources,and institutional arrangements.
RECITALS:
1. The Contra Costa Water District,at the request of the Board of Supervisors,
completed Phase I of the East County Water Supply Management Study,which provides a
preliminary analysis of future water demands and potential water supplies for East Contra
Costa County.
2. Phase H will consist of a detailed analysis of selected water service
alternatives, including new infrastructure requirements, cost estimates, implementation
requirements,and institutional issues.
3. The member agencies wish to cooperate in the preparation of the Phase II
study.
4. This Agreement provides a process for funding and conducting the Phase II
study.
AGREEMENT:
NOW,THEREFORE,the member agencies which are parties hereto set forth the
following terms and provisions of their agreement
November4,1994 Draft Page 1
l
i
1. jRecjtals. The recitals contained herein are an integral part of this
Agreement.
2. Association Formed. The member agencies hereby form the East County
Water Management Association("ECWMA").
3. Governing Board Representatives (GBR). "The ECWMA shall be
governed and operated by the GBR which shall be comprised of one representative from
each member agency.the governing body of each member agency shall designate,and may
replace,one of its number as its representative,on the GBR.No individual shall serve as the
representative of more than two member agencies. Each member agency shall have one vote
on the GBR. All actions of the GBR shall require the affirmative vote of a majority of its
members.
The GBR shall provide policy direction in the preparation of the Phase II Study,authorize
disbursement of funds in accordance with this Agreement and review the alternatives
developed in the Phase II Study.The GBR shall select a consultant and may authorize the
execution of contracts for the Phase II Study,and shall accept the work of the consultant for
final payment.
The GBR shall choose a regular meeting date and shall meet at least once every two
months.
The GBR shall appoint one of its members as the Chair and one as Vice-Chair. The
Chair or any three members of the GBR may call a special meeting. A Secretary shall also
be appointed by the GBR.
The GBR shall authorize invoices for payment to the Phase II consultant in
accordance with the process set forth in Article 11 of this Agreement.
The meetings of the GBR shall be open to the public, noticed, and conducted in
accordance with the Brown Act,Government Code Section 54950 et seq.
4. Joint Managers Committee (TMCL The managers of each of the eleven
member agencies shall be members of the JMC of the ECWMA which shall have primary
administrative responsibility for the implementation of this Agreement. The term
z
November 4,1994 Daft Page 2
"Manager"means City Manager,County Administrator,or General Manager of each of the
member agencies and th:ir respective alternates designated by the member agency,or their
designees. The JMC shall appoint one of its members as the Chair and one as Vice-Chair.
The JMC may act directly or through a subcommittee established by a majority of its
members. Each member agency shall have one vote on the Committee.
S. Duties 4f the Joint Managers Committee, The IMC will prepare a
Request for Proposal(RFP)for the Phase II Study,solicit proposals,review the proposals,
and negotiate an agreement with the recommended consultant for approval by the GBR.
The IMC shall review and recommend invoices from the consultant to the GBR,
shall monitor the progress of the Phase II study,provide direction to the consultant on any
issues that arise during completion of the study, review findings, and communicate with
weir governing boards or councils.
The JMC shall meet at least monthly.
6. Administrative Procedures. The GBR shall adopt bylaws, rules for
conduct of the meetings,and administrative procedures. The administrative procedures of a
member agency may be adopted for the Association by the GBR.
7. Cost of Study. The estimated cost to complete the Phase II study is
S(to be determined).
8. Payment of Costs. In order to fund the study,provide for the payment of
limited administrative costs and provide for payment of potential cost overruns,the member
agencies agree to deposit a total of 125% of the amount specified in the proceeding
paragraph with [title of person selected]who shall serve as Treasurer for
the Association, with the consent of mmember agency], and the unanimous
approval of the GBR Each agency's deposit is due upon its execution of this Agreement.
The Treasurer shall be the depository of and have custody of all funds of the Association
from whatever source. The Treasurer shall also perform all duties required to be performed
by an auditor. The Treasurers
a. Receive and receipt all money of the Association and place it in the treasury
of the Association to the credit of the Association;
i
November 4. 1994 Draft Page 3
b. Be responsible for the safekeeping and disbursement of all Association
Bey;
C. Pay,when due,from Association finds and upon the signature of the Chair
of the GBR and counter-signature of the Treasurer, all sums payable by the Association;
and
d. Verify the report in writing to the GBR on the first day of each quarter of the
Association's fiscal year the amount of receipts since the last report and the amount paid out
since the last report.
C. Invest Association funds according to the policies and procedures of the
Treasurer's agency. Interest derived from deposited funds shall remain in the Association's
account
9. Allocation of Initial Costs. (preliminary numbers-for illustration only)
Agency Consultant Costs Percentage
Antioch $10,000 4%
BBID $10,000 4%
Brentwood $45,000 18%
CC County $62,500 25%
CCWD $62,500 25%
CCC Sanitation Dist 19 $10,000 4%
DDSD $10,000 4%
DWD $10,000 4%
ECCID $10,000 4%
Ironhouse $10,000 4%
Pittsburg $10,000 4%
TOTAL $?.50 100%
Each agency's deposit will be 125%of their allocated cost
10. . Payment of Consultant Costs. Invoices received from the consultant shall
be reviewed by the JMC and forwarded with recommendation for payment to the GBR.
The GBR shall authorize payments. If authorized by majority vote of the GBR, the
Treasurer shall pay the invoice.
11. Supplemental Contributions. Any additional costs to the member
agencies above the amounts specified in paragraph 9 shall be assessed in proportion to the
November 4, 1994 Draft Page 4
original amount contributed and shall only be assess by unanimous vote of the GBR,but
member agencies may make voluntary payments at any time.
12. Schedule. The GBR, JMC, and member agencies shall use their best
efforts to complete the tasks provided for in this Agreement according to the following
scbedule:
GBR approves consultant
contract for Phase H study February 15, 1995
Consultant completes draft Phase 11 study February 1. 1996
JMC and GBR review draft
Phase II Study March 1, 1996
JMC and GBR and other
interested persons provide comments to
consultant March 1, 1996
JMC and GBR review revised draft April 1, 1996
Final Phase II study presented to GBR
for acceptance May 1. 1996
13. Advisory Group. The GBR may appoint an advisory group consisting of
a representative from any municipal advisory council (MAC) in the study area and other
political entities,groups or organizations that may have an interest in the Phase 11 study.
14. Liability, Each member agency agrees to indemnify and hold every other
member agency to this Agreement, and their officers, agents and employees, free and
harmless from any cost or liability imposed upon any other member agency, officers,
agents, or employees arising out of any acts or omissions of its own officers, agents, or
employees.
15. Cooperation. All of the member agencies agree that their respective
monetary contributions are an expression of an intent to cooperate in the preparation and
completion of a Phase II study.
16. fRe unds. Upon termination of this Agreement, any remaining amounts
shall be refunded to the member agencies in proportion to the amount contributed by each.
November 4, 1994 Dmft Page 5
17. Termination, This Agreement shall terminate when the Phase II report has
been accepted as complete by the GBR and all amounts owing under this Agreement have
been paid. If a member agency, through its governing board, votes to terminate its
participation in the Phase II study, that agency will no longer participate on the GBR or
JMC Deposits made theretofore will remain with the Association. Remaining costs will be
redistributed among the remaining participants, in proportion to their contribution to the
total contribution of remaining agencies.
I& Amendment, This Agreement may be amended only by a written
agreement approved by a unanimous vote of the member agencies.
19. effective Date. This Agreement shall become effective upon approval by
all member agencies on or before February 15, 1995.
20. Notices Notices authorized or required to be given pursuant to this
Agreement shall be in writing and shall be deemed to have been given when mailed,postage
prepaid, or delivered during working hours to the addresses set forth below for each
member agency. Each member agency that changes its address shall promptly provide
notice of the changed address to the Chair of the JMC, which address shall be substituted
for the address specified below.
City of Antioch
P.O. Box 130
Antioch,CA 94509
City of Brentwood
708 Third Street
Brentwood,CA 94513
Byron-Bethany Irrigation District
P.O.Box 273
Byron,CA 94514
Contra Costa County
651 Pine Street,No.Wing,Second Floor
Martinez,CA 94553-1229
November 4,1994 Draft Page 6
Contra Costa County Sanitation District 19
706 Willow Lake Road
Byron,CA 94514
Contra Costa Water District
P.O. Box H2O
Concord,CA 94524
Delta Diablo Sanitation District
2500 Pittsburg-Antioch Highway
Antioch,CA 94509
Diablo Water District
P.O. Box 127
Oakley,CA 94561
East Contra Costa Irrigation District
P.O. Box 696
Bmn wood,CA 94513
Ironhouse Sanitary District
450 Walnut Meadows Drive
Oakley,CA 94561
City of Pittsburg
P.O. Box 1518
Pittsburg,CA 94565
21. Execution. This Agreement may be executed in several counterparts,each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by all parties hereto. In
approving this Agreement,it shall not be necessary to produce or account for more than one
such counterpart.
IN WITNESS WHEREOF, the parties hereto, pursuant to resolutions duly and
regularly adopted by their respective City Councils, Boards of Supervisors, Boards of
Directors or governing boards, have caused their names to be affixed by the party and
respective officers as of the day and year first above written.
November4, 1994 Draft Page 7
�I'
City of Antioch
By
7We Date
City of Brentwood
By
Title Date
Byron-Bethany Irrigation District
By
Title Date
Contra Costa County
By
Tale Date
Contra Costa County Sanitation District 19
By
Title Date
Contra Costa Water District
By
Title Date
Delta Diablo Sanitation District
By
Title Date
M
November 4, 1994 Daft Page 8
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Attachment 4
DRAFT SCOPE OF WORK
EAST COUNTY NATER SUPPLY MANAGEMENT STUDY
PHASE II
QQAL Assure a reliable supply of water for existing and future water users in eastern
Contra Costa County through
• Creation of a common water service document containing sufficient
information regarding the costs associated with the various water service
alternatives for use by East County agency managers and policy makers
• Preservation and management of existing surface and ground water supplies
• Develojpment and implementation of water supply and infrastructure
alternatives which include both regional and individual options
Resolution of legal,institutional and financial issues related to water service
in East County
STUDY AREA A map of the study area is attached as Exhibit A.
SCOPE OF SERVICES Each member agency has articulated its water service issues for
short and mid-to long-tum time periods. These issues are recorded on the table attached as
Exhibit B. The draft scope of work is designed to provide the information and analysis
necessary for each member agency to resolve their issues individually or collectively. The
table should be referred to throughout the course of the Study to ensure that all member
agency information needs are met.
The scope of work consists of the following elements:
Element 1 —Study Management and Communications
1.1 Consultant will attend and prepare status reports for bi-monthly meetings
(approximately 6)with the Executive Committee and monthly (approximately
10) meetings with the Joint Managers'Committee. Two of the status reports
will be suitable for distribution to the general public. •.---
1.2 In consultation with the Joint Manages'Committee, develop evaluation criteria
including, but not limited to,costs,environmental considerations, regulatory
requirements,reliability,ease of implementation and schedule. Cost criteria will
include consideration of financing alternatives.
1.3 Facilitate workshops with the Executive Committee and Joint Managers'
Committee for concurrence on evaluation criteria,and alternative formation and
evaluation. The consultant is not required to facilitate a consensus on which
alternatives to implerxnt.
Element 2—Water Demands and Supply
Draft: October S. 1994 1
1
2.1 Consultant will compile and review demand and supply data and information
from the documents referenced in Exhibit C.
2.2 Demands will be presented in ten-year increments from 1990(assumed to be
current demand for purposes of the study) through 2044,for each member
jurisdiption. Demands will be subtotaled into groups of similar water quality
requirements for use in evaluating the feasibility of alternative sources of
supply. Projections will consider variations in demand due to weather, water
year type,and the long-term effects of water conservation programs. Most of
the required demand data is available through the Phase I Study and the Contra
Costa Water Districes Future Water Supply Study.
2.3 Sources of supply will be characterized according to type and quality of source
(surface, ground water, reclaimed water, other), the degree of current
development,long-term reliability,nature of water rights,and other institutional
aspects. Specific sources to be discussed include but aro not Limited to ECCID
and BBID surface water supplies,the ground water basin(s)currently used by
Brentwood and Discovery Bay,wastewater available for reclamation or ground
water recharge from ISD, DDSD and Discovery Bay. The ground water
analysis is to be based on existing data;no field work will be performed under
this task.
24 A matrix will be formed relating demands and potential sources of supply. The
relationships will be presented for both individual jurisdiction and on a regional
basis. This matrix will reflect development of supplies to meet demands in ten-
year time increments. For each match of supply and demand,the costs(capital
and operating), environmental considerations, regulatory requirements,
reliability and implementability will be determined
Consultant will develop costs for each supply alternative(e.g.ranges in transfer
costs or the costs associated with ground water injection/extraction,but separate
from treatment and delivery costs). Costs associated with participating agency
supplies will be obtained from the respective agencies. Costs will have an
accuracy range of+30t-15 percent.
2.5 Potential institutional relationships will be summarized for each of the
supply/demand options. (Note: Institutional relationships developed for
supply options may differ from those developed for addressing went and
delivery options.)
2.6 Consultant will prepare a Technical Memorandum (T.M. 1) on supply and
demand, incorporating the information developed in each of the sub-elements
described above.
Element 3—Water Treatment and Delivery Options
3.1 Consultant will compile and review water treatment and delivery data and
information from the documents referenced in Exhibit C-
3.2
3.2 Water treatment and delivery options will be summarized, depending on the
source of supply, location of demands and timing. Specific treatment and
•
Draft October 5. 1994 2
delivery options to be discussed include but are not limited to expansion of the
Randall Bold Treatment Plant to 80 mgd or larger,construction of a regional
treatment facility for far east county,treatment of ground water to meet current
and anticipated primary and secondary drinking water standards,use of existing
intakes operated by BBID,ECOID and CCWD,and use of ECOID and BBID
Irrigation laterals for distribution of reclaimed water.
3.3 A matrix will be formed relating demands and potential treatment and delivery
options. The relationships will be presented for both individual 'udsdictions
and on a regional basis. This matrix will reflect development oifacilities to
meet demands in ten-year time increments. For each match of treatment and
delivery options with demand,the costs(capital and operating),environmental
considerations,regulatory requirements,reliability and implemeatability will be
determined.
The Consultant will compile or develop estimates of the costs associated with
permitting,designing,constructing,operating and maintaining facilities under
each alternative. Costs associated with use or modification of member agency
facilities wil! be obtained from the respective agencies. Costs estimates will
have an accuracy range of+301-15 perceat,
3.4 Potential institutional relationships will be summarised for each ofthe treatment
and delivery options. [Note: Institutional relationships developed for supply
options may differ from those developed for addressing treatment and delivery
options.)
3.5 Consultant will prepare a Technical Memorandum(T.M.2)on water treatment
and delivery options, incorporating the information developed in each of the
sub-elements described above.
Element 4—Short-term Water Management Strategies
The purpose of this element is to develop water service strategies to meet immediate
and/or critical needs, preserve and protect existing supplies, and facilitate
implementation of future supply options. These strategies could be of an
administrative,operational or capital nature. The short-term strategies will include
but not be limited to those articulated by member agencies and listed in Exhibit B
attached.
4.1 Develop strategies to implement in the short-terve that meet immediate water
service needs as defined in Exhibit B. Strategies could include emergency
interties,temporary service agreements,etc,
4.2 Develop strategies to implement in the short-term that result in crud-to long-
term benefits:
preservation of existing surface and ground water supplies(e.g.
through creation of a water exchange pool or a development of a
ground water management plan)
Draft: October 5, 1994 3
1
• preservation of existing and creation of new reclaimed water
opportunities(e.g.joint use,dual systems,use of irrigation canals,
local ordinances,etc.)
• protection of water quality
4.3 Each strategy developed will be described in terms of actions necessary to
implement the strategy,costs,financing alternatives,an assessment of potential
effectiveness, risks associated with not implementing, schedule constraints,
compatibility with long-term water servioe altermatives,appropriate parties and
potential obstacles to implementation.
Financing alternatives will be developed with the Joint Managers'committee.
Rates and charges associated with implementing the strategies will be based on
information obtained from the appropriate agency.
4.4 Rank the strategies developed in 4.1 and 4.2 according to their cost
effectiveness and compatibility with mid- and long-term water service
alternatives.
4.5 Consultant will prepare a Technical Memorandum (T.M. 3) on short-term
water service strategies,incorporating the information developed in each of the
sub-elements described above.
Element 5—Mid-and Long-terra Water Service Alternatives
5.1 Identify water service alternatives,both for a regional solution and for individual
agency solutions, consisting of combinations of water supply,water treatment
and delivery, and institutional options. Alternatives will be structured for
meeting demands in ten-year increments. Alternatives in which short-term
actions prohibit or constrain long-germ choices will be identified. Alternatives
will include but not be limited to those articulated by member agencies and
listed in Exhibit B attached
5.2 Using the criteria developed in 1.2,and the information contained in T.M. 1 and
T.M.2, facilitate the ranking of mid-and long-term water service alternatives
from high to low.
5.3 Consultant will prepare a Technical Memorandum(T.M.4)on mid-and long- -
term water service alternatives,incorporating the information developed in each
of the sub-elements described above.
Elemenf 6—Implementation
It is intended that the information in the study will provide sufficient information for
each of the agencies to proceed with plans to <.onstruct facilities to deliver water
within the study area. The consultant is not required to facilitate a consensus on
which alternatives to implement
Draft October 5. 1994 4
1
6.1 Devblop an implementation plan that integrates the most effective short-term
strategies identified in 4.3 and the highest ranked alternatives identified in 5.2.
The plan will include`
schedule for legal,regulatory,environmental,design and construction
activities
• potential financing mechanisms
• steps and time constraints for establishing the preferred institutional
Options(s)
6.2 The final report will consist of an Executive Summary,the Implementation Plan,
the TIAs and a"fact sheet"suitable for distribution to the public and press.
Draft October S, 1994 5