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HomeMy WebLinkAboutMINUTES - 05201997 - C82 TO: BOARD OF SUPERVISORS FROM: WATER COMMITTEE Contra Supervisor Gayle B. Uilkema, Chair :�Of Supervisor Joe Canciamilla Costa DATE: May 20, 1997 W urty SUBJECT: REPORT FROM WATER COMMITTEE ON EAST COUNTY WATER MANAGEMENT ASSOCIATION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Recommend the Chair sign the East County Water Management Agreement(third phase),to reestablish the East County Water Management Association (ECWMA),to continue dialogue and consider methods of implementation of the East County Water Management Program. 2. Authorize an allocation of$500 of Water Agency funds for deposit in the ECWMA account(held by the City of Antioch),in accordance with this agreement, and direct the Auditor to release these funds. 3. Appoint Supervisor Joe Canciamilla to the Governing Board of the ECWMA. REASONS FOR RECOMMENDATION In January 1992, the County Board of Supervisors requested that the Board's Water Committee consider methods 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 to prepare the first phase of such a plan. In January of 1994, CCWD released the first phase report, a preliminary analysis of future demand, supply, existing infrastructure and other issues. Since that time, the 11 agencies which comprised the East County Water Management Group met to establish content, methodology, financing and other mechanisms to facilitate preparation of the detailed comprehensive phase two study. On December,20, 1994 the Board approved the ECWMA Agreement with the other agencies, In order to complete the phase two document. The Phase II Report, completed In late 1996, developed and evaluated alternatives for consideration to enable water supply through the year 2040. This study evaluated need over the short, medium and long term, with consideration of infrastructure, cost, as well as need for additional supply In dry or drought related scenarios. ECWMA members wish to continue the Association In order to enable work toward implementation of the recommendations contained In the Phase If report. As stated In the proposed Agreement, the purpose is to"facilitate continued communication, cooperation, and education between member agencies regarding matters affecting the existing and potential water supplies of eastern Contra Costa County, and to facilitate implementation of the recommendations of the ECWMA's Phase II Study Report In order to provide long-term water supplies and treatment facilities In a cost effective, reliable, implementable, and cooperative manner while maintaining institutional independence and customer satisfaction." The agreement provides for reestablishment of the ECWMA, and requires an initial contribution of$500. CONTINUED ON ATTACHMENT: YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURE(S): Super or Gaye B. ilkema, Chair Su rvisor Joe Canciamilla ACTION OF BOARD ON May 20, 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ni.gfri c.t ITT I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ABSENT:Dj, tri r-t TTABSTA IN: ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510) 335-1226 ATTESTED May 20, 1997 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND Auditor Controller COU NTY DMINISTRATOR c ' BY: , DEPUTY RG:rw RRG4:5-20WC2.7bd Attachment 2 East County Water Management Association Agreement This Agreement is entered into this _______ day of 19 , by and between the Cities of Brentwood, Antioch, and Pittsburg; Contra Costa County Water Agency, 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 this Agreement is to reestablish an East County Water Management Association (ECWMA) to facilitate continued communication, cooperation and education between member agencies regarding matters affecting the existing and potential water supplies of eastern Contra Costa County, and to facilitate the implementation of the recommendations of the ECWMA's Phase II Study Report in order to provide long-term water supplies and treatment facilities in a cost effective, reliable, implementable, and cooperative manner while maintaining institutional independence and customer satisfaction. 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 provided a preliminary analysis of future water demands and potential water supplies for East Contra Costa County. 2. On March 13, 1995, the member agencies signed an agreement forming the ECWMA. Said Agreement terminated on November 21, 1996, and the remaining monies were subsequently refunded to the member agencies in accordance with that Agreement. 3. On November 21, 1996, prior to termination of the Agreement, the Governing Board Representatives of the ECWMA accepted the Phase II Report consisting of a detailed analysis of selected water service alternatives, including new infrastructure requirements, cost estimates, implementation requirements,and institutional issues. 4. The member agencies wish to cooperate in the implementation of the recommendations contained in the Phase 11 Report. January 7, 1997 Page 1 5. This Agreement provides a process for funding and reestablishment of the ECWMA. AGREEMENT: NOW, THEREFORE, the member agencies which are parties hereto set forth the following terms and provisions of their agreement. 1. Recitals. The recitals contained herein are an integral part of this Agreement. 2. ECWMA Reestablished. The member agencies hereby wish to reestablish the ECWMA. 3. Governing Board Representatives (GBR). The ECWMA shall be governed and operated by the GBR which shall be comprised of one elected official representative from each member agency. The governing body of each member agency shall designate, and may replace, one of its members 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 guidance in the implementation of the purposes of the ECWMA and authorize disbursement of funds in accordance with this Agreement. The GBR shall choose a regular meeting date and shall meet at least semi- annually. 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 term of office for the Chair, Vice-chair and Secretary shall be for two years. 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. January 7, 1997 Page 2 4. Joint Managers Committee (JMC). The managers of each of the member agencies shall be members of the JMC -of the ECWMA which shall have primary administrative responsibility for the implementation of the purposes of this Agreement. The term "Manager" means City Manager,County Administrator,or General Manager of each of the member agencies and their 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 term of office for the Chair and Vice-chair shall be two years. 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. Meetings of the JMC shall be as determined by the JMC. 5. 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 ECWMA by the GBR. 6. ECWMA Financing. Unless otherwise changed by a majority vote of the GBR, each member agency shall deposit annually (March 1), $500 with the Director of Financial Services for the City of Antioch who shall serve as Treasurer for the ECWMA. The Treasurer shall be the depository of and have custody of all funds of the ECWMA 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 ECWMA and place it in the treasury of the City to the credit of the ECWMA; b. Be responsible for the safekeeping and disbursement of all ECWMA money; C. Pay, when due,from ECWMA funds and upon the signature of the Chair or Vice- chair of the JMC, all sums payable by the ECWMA;and d. Report in writing to the JMC quarterly and semi-annually to the GBR the amount of receipts since the last report and the amount paid out since the last report. e. Invest ECWMA funds according to the policies and procedures of the Treasurer's agency. Interest derived from deposited funds shall remain in the ECWMA's account. January 7. 1997 Page 3 7. Special Assessments. Any additional assessments to cover the appropriate costs of the ECWMA above the amounts specified in Section 6 shall be as approved by the GBR and shall be paid within 45 days of such action. If a member agency's Governing Board Representative votes against undertaking a specific project, except for execution of responsibilities set forth in Section 6, other member agencies desiring to proceed with such project may do so collectively as long as the dissenting member agency is not responsible for costs of such project. Publishing and distribution of resulting documents,opinions,findings, and recommendations (collectively "reports") shall, unless all member agencies consent, be only on behalf of the consenting member agencies. Any reports issued by the association shall state that the reports do not necessarily represent the views of the governing bodies of the individual member agencies. 8. 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. 9. Cooperation. All the member agencies agree that their respective monetary contributions are an expression of an intent to cooperate towards the purpose of the ECWMA. 10. Dissolution. Upon dissolution of the ECWMA by a majority vote of the GBR, any remaining association funds shall be refunded to the member agencies in proportion to the amount contributed by each over the life of the Joint Assocation. 11. Termination. If a member agency, through its governing board, votes to terminate its participation in the ECWMA, that agency will no longer participate on the GBR or JMC. Deposits made theretofore will remain with the ECWMA. 12. Amendment. This Agreement may be amended only by a written agreement approved by a unanimous vote of the member agencies. 13. Effective Date. This Agreement shall become effective upon approval by eight member agencies on or before March 1, 1997. 14. Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given (1) when mailed, postage prepaid or January 7, 1997 Page 4 faxed, or(2) delivered during working hours to the addresses and fax numbers 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 will be the current address of the member agency. 16. 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 approval of 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. City of Antioch By Title Date City of Brentwood By Title Date Byron-Bethany Irrigation District By Title Date Contra Costa County Water Agency By Title Date January 7, 1997 Page 5 Contra Costa County Sanitation District 19 By Title Date Contra Costa Water District By Title Date Delta Diablo Sanitation District By Title Date Diablo Water District By Title Date East Contra Costa Irrigation District By Title Date Ironbouse Sanitary District By Title ' Date City of Pittsburg By Title Date DMc-rlr - 6 January 7, 1997 Page 6 Project Summary R rt September . . , Introduction 100 The East County Water Supply Management Study is being conducted 90' by the East County Water Management Association(ECWMA), a 80' 000-11, consortium of 11 water agencies,to identify and evaluate potential 8 70 water management strategies to meet future water needs. 601 s S0, 40, - *� - < 30, 20,0�00- yt e/ty,Of Brsentwoo�/ � 10, { Bj%rob-Bethany/n�IgaNan D/str/cs(BBID) 1990 1 2000 2010 2020 2030 2040 Contra`Costa County Sanrtabon,&s&icf Na /9# Year Figure 1 'Contra Costa Coentr Water Agency East County Urban Demands Contra'Coi�� Water Dnrtnict(CCWD) tOn the other hand,agricultural demands are projected to decrease from De/ta Dlab/o San/tatkn Dktrkt(DDCfD) !y. about 73,500 acre-feet in 1990 to about 48,600 acre-feet in 2040(Figure 2). -: Diablo Water Afstnct' WD);. F :East Coats Costa i_ anon D/str/ct fCC/D a. _ 8 ( ) H PP_11,. 7 /ronhouse Sanitary Drstsd`V(/SD) X r 60,000' 70,0°0 According to projections by the Association of Bay Area Governments (ABAG), Contra Costa County will grow from 800,000 residents to g 8°'00° more than 1.1 million residents by 2010. ABAG also projects that 8 50'00° most of the population growth will occur in the eastern communities of 9 40,00° Antioch, Oakley, and Brentwood. Brentwood is one of the fastest 30.E growing communities in California, When population projections for 20,000 Pittsburg are included,eastern Contra Costa County(East County)is 10 expected to account for more than half of the total projected growth in Contra Costa County by the year 2010. ,990 2000 2010 2020 2030 2040 Year The study was conducted in two phases. Phase I;completed in 1994, Figure 2 provided a preliminary analysis of future demand,water supplies, East County Agricultural Demands existing infrastructure, and general issues related to cooperative water A wide variety of potential supplies is available to meet the water demands resources management. Phase II focused on developing,evaluating, of the East County study area: and recommending alternatives for providing cost-effective and reliable water supplies through the year 2040. . In-county surface water • Reclaimed water • In-county groundwater • Outside-county water transfers Water Demands and Supply • Conjunctive-use development • Water conservation East County is subject to significant growth pressures. As shown in In-county surface water supplies provide the most significant source of Figure 1,the urban water need in this area is projected to more than water supply to meet future needs. Yield estimates of in-county surface double, increasing from 37,200 acre-feet in 1990 to about 99,700 acre- water supplies range from a maximum of 343,100 acre-feet in a normal feet in the year 2040. hydrologic year to 271,200 acre-feet under drought conditions, as shown in Table 1. rr� \ _ earPtlnt 111Z 'c ECOID (S s t -. 1- ,--_' , - - _ _; 1 aBID. 1 \ L 1 Anrsti�� ' 'L___f�_CCWD TREATED l� WATER SERVICE AREA STUDY AREA EAST COUNTY WATER SUPPLY MANAGEMENT STUDY WD ^ FIGURE 3 tit L> EM STUDYAREA MAP Call �BtF1 shown in Figure 4. However,in a drought year,deficits would occur x - after the year 2010. In addition,the place and type of use constraints umriiary of fri=Court SuifacevWater tY- associated with these supplies might create further water supply Normal Years= Drought Year deficits. Supply Supply - Projected Population (ac411yr),� - 471,000 676,000 641,000 684,000 708,000 CCIIIID's CVP Contract � 195,000M-_- Agi7ci Mural Water Rights 110`000 110;000x 400'00° -� 3 er Dnrerslons. 38,� .: 'F U s NORMAL YEAR SUPPLY _ 350,000 � . Ot3�, _. ",. _may 7 .343� 00z "'x�Z71;LOO.i. Lzr iso PROJECTED DEMAND 300,000 The service areas of in-county surface water supplies, listed in Table 1, � span beyond the borders of East County. Since these supplies cannot 0 250+WO � begeographicallysegregated,the total water supplies were evaluated to m = � DROUGHT-YEAR SUPPLY PP meet water needs for an area larger than East County. This area,shown ; 200,000 in Figure 3(above), includes CCWD's Treated Water Service Area (TWSA)and industrial customers,in addition to the East County Phase II1501000 study area. This combined area is called the expanded study area. 3 100,000 The annual water demands for the expanded study area are projected to grow from 223,000 acre-feet in 1990 to 291,000 acre-feet in the year 50,000-- 2040. Because the East County area has access to a significant amount of surface water supplies through Central Valley Project(CVP)contracts 0 and agricultural,riparian,and appropriative water rights,study results 19N 2000 2010 2020 2030 2°4° indicate that in-county surface water supplies could meet the future water Year demands for the expanded study area in a normal hydrologic year,as Figure a Water Demand and Local Surface Water Supply 'SAC/t t5 �DQCc +> - 5 �o 'p s a m 1 «a f .. ^'^•"- -t+`",.�„ �--'r.�" ''�9�^ a�."nrrrs z. ., _ at--a^°n.: a-•�.r7 `.,:. .�' ,�•` ^A=-b,. ., t_� - _ ..._,,t.� 1 Current groundwater use in the study area amounts to Option B–CCWD CVP water supply contract reduced to 166,000 ac- 14,500 acre-feet per year(ac-ft/yr). Some areas(such ft/yr(15 percent reduction)at contract renewal in 2010 as Brentwood Discovery Bay, Bethel Island and Hotchkiss Tract)depend entirely on groundwater, Other A wide range of water supply surplus and deficit occurred through the com- �-� 'd areas(such as Pittsburg,Antioch,and DWD)use parison of total available supplies to demands for both normal-and drought- groundwater to supplement their surface water supply. year conditions using the three water supply scenarios, The water supply Existing groundwater quality problems in East County surplus and deficit for all scenarios, based on projected conditions in 2040, may limit future groundwater development. High total is summarized in Table 2. -p� dissolved solids concentrations have been noted in the Pittsburg,Antioch,and some DWD service areas. High nitrate concentrations have been recorded in the Brentwood area. Discovery Bays groundwater supply is �iVate�Supply Surptus_and`Deficitat 2040 C_oons showingmanganese concentrations that exceed . � Surplus(+)or Deficft(-) secondary standards, _ r'- - ; Normal Year Drought-Yeary ;�. Other supplemental supplies identified in the study— ` Scenario r (ac increased water conservation, reclaimed water Bevel- Redu6i) In c64N CV Supply i Y opment,conjunctive-use management,and outside- county water transfers--could provide differing levels of �2. 70, _ o00 L,er.� Thi — -- water supply with commensurate implementation f3 w+2s goon ; -a ,eoo ,4 issues. Fieclu AL"11 r6Ev�ms evP shy in Year 2040 1. ,. P ;... Water Supply Alternatives ' ' /�/� ! 2 �'` � +37,800,-3t 5g �1.l00 The development of water supply alternatives began with an assessment of broad water supply scenarios for Within this framework of three water supply scenarios,30 alternatives were the study area. Water supply scenarios were developed developed to meet the water supply needs of the study area. The water to provide a framework within which more detailed supply alternatives addressed the numerous methods available for securing alternatives,dealing specifically with recommended adequate supplies to meet the deficits projected in Table 2, methods of providing water supply,could be developed. Based on this analysis,three water supply scenarios A water supply alternatives cost model was developed to prepare cost were developed for the East County area; estimates for the water supply alternatives. The cost model integrated the projected demands for water with the methods for providing normal-year • Scenario 1—Maximized local pooling of surface and drought-year water supplies, These alternatives were screened for a water supplies relative ranking. The process used to screen these alternatives was as = • Scenario 2—Continued groundwater pumping with follows: maximized local pooling of surface water supplies 1, Screening criteria were developed in a workshop setting with the Scenario 3—Continued groundwater pumping with Governing Board Representatives(GBR). existing levels of local pooling 2. The screening criteria were applied to the water supply scenarios. The concept of"maximized local pooling"of surface water supplies 3. The best apparent water supply scenario was selected for more was developed to address the potential benefits associated with fully detailed screening. using the surplus water supply in East County. Maximized pooling of 4. The screening criteria were applied to the water supply alternatives surface water supplies uses locally available surface water supplies to associated with the selected scenario. the greatest extent possible to meet East County's combined water needs. Scenario 2 ranked the highest Exp «jam j ,� f1Kon Implementing the maximized pooling concept would require new among the three scenarios. This .(*C? Wing er rew;a) z scenario provides a 15 percent r Water Su agreements for the long-term transfer of surplus water supplies from pow A/rernarlre:=` 'two agricultural districts(ECCID and BBID)to the agencies serving buffer for municipal and industrial.c t Elhcareaes� East County urban areas. ( demands against potential regula a.� �ry-ad�y�e� tory cuts and requires additional QuanrJty�QuaOty k Some variation in normal-year supply under future conditions was supply only during drought condi- identified ondi identified during the analysis of potential supplies. CCWD's current tions. Spot water transfers and4z rnsasaow,al Indope,►de« contractual CVP supply of 195,000 ac-ft/yr might be reduced in the short-term demand management Ff c mbokX►act 3 future. The supply could be reduced for many reasons, ranging from are the best methods for providing 6e�ser sids/aa. 3 the effects of implementation of the Central Valley Project Improve- drought supply for this scenario, ment Act to the outcomes of the State Water Resources Control Board This is the recommended alternative. water rights hearings and the CALFED process,a joint state/federal The water supply alternatives analysis illustrated the potential advantages evaluation of the Bay-Delta system. To account for the potential reduction of CVP supplies, the study developed two optional normal- of the maximized pooling concept. The analysis of water rights issues and year water supply levels: laws conducted as part of this study indicates that the maximized pooling of surface water supplies under the recommended alternative is implementa- • Option A–CCWD CVP water supply contract maintained at a ble; however,observation of the current water rights environment indicates current level of 195,000 ac-ft/yr from 1990 to 2040 that this issue may be contested. 4 a... k.'+.-�✓,,.,� .�_. � --, � ,, r ,r � -may x ,, �� - �,��;��''aiyya.�"� s,es{.s'�""�`6`�":��"�, � �-* `'�'a�%"' �' ��. �� ,-�'-1``�»�-.�`,.��*,, -�'�`•-s�__���'-c.�s�•. ,, v��,i.'��'�,. r _,n �.-t.. Treatment Facility Improvements Recommendations The growth in East County's future water demand will come primarily Recommendations for water supply development,future investigations/ from increased urban water use. Urban water use in East County is activities,and administrative/institutional activities for the study area projected to more than double by 2040.As a consequence, East were developed and are listed below. County's existing water treatment facilities will not be able to meet . The recommended method of water supply development involves treated water needs, PP Y P maximum utilization of local surface water supplies in the project The total treated water demand in the year 2040,existing plant capacity, area and continued use of groundwater supplies at the current and additional required treatment capacity for Antioch, Bethel Island, level. Brentwood, and Discovery Bay; Cowell Ranch; Diablo Water District;and Hotchkiss and Veale Tracts are shown in Figure 5, • A comprehensive groundwater study of the East County area should be commissioned by the ECWMA. The study should focus on the groundwater quantity and quality and interactions between 129 mgd surface water and groundwater supplies. 65 mgd • Development of an in-county conjunctive-use program should be Maximum-Dayevaluated to mitigate dry-year shortages. Conjunctive use can be . Demand in Year 2040 Required, , accomplished by developing(1)an aquifer storage and recovery (ASR)system;(2)surface recharge basins;and (3) in-lieu recharge programs. • Development of an ASR system should be investigated in the Randall-Bold WTP area,should a requirement for stopping 64 mgd diversions from the Delta for 30 days be imposed on ECWMA members. Capacity Existing • The ECWMA should commission updates of the Water Supply Study every 5 years, allocating 1 year in the planning schedule for each update. • Significant cooperation among ECWMA members has developed throughout this study;therefore, ECWMA should maintain its viabil- ity while the agencies implement the Phase II study recommenda- Maximum-Day Demand Treatment Capacity tions. Figure 5 Treated Water Demand and Capacity for Antioch, • ECWMA members should implement a dual water distribution Brentwood,DWD,and Discovery Bay system for future use of reclaimed water in all water service areas within East County. Additional treated water needs can be met by expanding existing plants or by building new water treatment plants. Five water treatment and delivery • Interties between WTP service areas increase reliability and flexi- options were developed to provide this additional capacity, bility during emergencies. The cities of Pittsburg and Antioch,the CCWD,and the DWD should discuss potential intertie benefits as- sociated with CCWD's Seismic and Reliability Improvement A- Z Project. / 6re6Nr expanded Rxurda//.Ba/d[Wf1!serns,'DiWD,'lEut `_ . ECWMA should actively participate in appropriate forums to Xstwocb, Brentwood, rwd Oncoreryr rNo e�irpens/oa otAaoch WTP. ensure that the area of origin and Delta Protection Act preferences .�, Expanded An�odl► provided for in state law are applied to allocations made under �r/on I aed tiran4a/�8o/d w7Ps. CCWD's CVP contract. Iptioni3 New East Coantr iWTp j B twood and Drscorerry Bar Expanded Antroc/b wtp, no expn:wn ar Randal�Bo/d The San Joaquin River water rights points of diversion should be Lm relocated to the Contra Costa Canal intake as an additional point ptfon.4 New larger`Eist,Coantr iWp serves East�Ist/adl', Brentwood, of diversion. ind DfdtOYery Kiri nOeXpBn��lfp it Aat/odir of IPanda/FBo�d WTp� s Nen%Easr Ceentr N!1p series&�,^t;rood oRy, ne� .i�/D W The Phase II study also developed strategies for implementing these t_seryes Discovery,Bar, eaiirpandeAntfoabWTPsernes City`of recommendations. �Intad►, no erpansron o/IPand�Bo/d>tNTP `' �'`�, Infrastructure requirements were also evaluated for delivering treated water to this service area. Detailed cost analyses for these options were also developed in this study for future use by ECWMA members in selecting a preferred action, For More Information Call. Paul Causey,Manager,Delta Diablo Sanitation District 2500 burg Antioch Highway,Antioch,CA 94509,Phone(51 778-40 Pitts O) 40 sAGt t 55431037 a� � t a w - 3 rs s a �J s .5.-�_.........'t�axl -,r`''^�t <' 's:Y_ «:1- �'�,r3�'•'.a ��:�`"a..�.�," S ..:.t&a..:�..i'�>:`k:..... .+;.,' .. .,:-...:.F`� .._.....,..;c _ .. - ......... East " (` ^' a City of Antioch J" i " City of Brentwood County Byron Bethany Irrigation District Contra Costa County Sanitation District 19 Wateertr f e Contra Costa Water Agency '+% r1 L �M 5. (� Contra Costa Water District Delta Diablo Sanitation District �n�ge>>ffiexa>i ;, Diablo Water District /1� DEV I ?'' East Contra Costa Irrigation District Association +1E�L - 't" i' 11 TT Ironhouse Sanitary District 7�0 uig-Antioch Highway Antioch,CA.94509 (S 10)778-4040 fax:(510)778.8513 City of Pittsburg DATE: March 20, 1997 TO: Joint Managers Committee FROM: Dennis M. McCormac Ae..ly'o4 r SUBJECT: Agreement to Form an East County Water Management Association Introduction: One of the key recommendations in the East County Water Supply Management Phase II Study is to maintain the East County Water Management Association (ECWMA). The purpose of ECWMA Agreement is to facilitate continued communication, cooperation and education between member agencies regarding matters affecting the existing potential water supplies of eastern Contra Costa County, and to consider and guide the implementation of the recommendations of the ECWMA's Phase U Study report in order to provide long-term water supplies and treatment facilities in a cost effective, reliable, implementable, and cooperative manner while maintaining institutional independence and customer satisfaction. Discussion: Attached is the current revised ECWMA dated March 20, 1997 (Attachment 1). This Agreement includes minor word changes recommended by Diablo Water District legal counsel Fred Bold and approved by the Joint Managers Committee (JMC) on March 5, 1997. This agreement has also been reviewed by Contra Costa Water District (CCWD) legal counsel and approved as to form. The agreement continues the current management structure which includes the Governing Board Representatives (GBR) and the JMC. The City of Antioch will continue to serve as Treasurer for the ECWMA. The next JMC meeting has been scheduled for Wednesday, April 30, 1997, 9:00 a.m. at the Delta Diablo Sanitation District Board Room. It is hoped that approval action on the ECWMA by all potential member agencies will be completed by this date. A GBR meeting will then be scheduled during the latter part of May. Please do not hesitate to contact me at(510) 688-8329 if you need any additional information. Fiscal Impact: Annual dues for the ECWMA will be $500 per agency unless otherwise changed by a majority vote of the GBR. Recommended Action: The following information is requested to be sent to my attention upon approval of the ECWMA Agreement by your agency: 1) Copy of Section 16 (Execution ) page of the ECWMA which will include signature, title, and date of officer approving the agreement. 2) Confirm the GBR member and alternate to serve on the GBR for your agency. 3) A check in the amount of $500 for the ECWMA annual dues made payable to the City of Antioch. DMc/rlr- 1 Attachments: 1. East County Water Management Association Agreement dated March 20, 1997 East County Water Management Association Agreement This Agreement is entered into this day of , 19`1 by and between the Cities of Brentwood, Antioch, and Pittsburg; Contra Costa County Water Agency, 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 this Agreement is to establish an East County Water Management Association (ECWMA) to facilitate continued communication, cooperation and education between member agencies regarding matters affecting the existing and potential water supplies of eastern Contra Costa County, and to consider and guide the implementation of the recommendations of the ECWMA's Phase II Study Report in order to provide long-term water supplies and treatment facilities in a cost effective, reliable, implementable, and cooperative manner while maintaining institutional independence and customer satisfaction. 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 provided a preliminary analysis of future water demands and potential water supplies for East Contra Costa County. 2. On March 13, 1995, the member agencies signed an agreement forming the ECWMA. Said Agreement terminated on November 21, 1996, and the remaining monies were subsequently refunded to the member agencies in accordance with that Agreement. 3. On November 21, 1996, prior to termination of the Agreement, the Governing Board Representatives of the ECWMA accepted the Phase II Report consisting of a detailed analysis of selected water service alternatives, including new infrastructure requirements, cost estimates, implementation requirements, and institutional issues. 4. The member agencies wish to cooperate in the implementation of the recommendations contained in the Phase II Report. March 20, 1997 Page 1 5. This Agreement provides a process for funding and reestablishment of the ECWMA. AGREEMENT: NOW, THEREFORE, the member agencies which are parties hereto set forth the following terms and provisions of their agreement. 1. Recitals. The recitals contained herein are an integral part of this Agreement. 2. ECWMA Formed. Subject to and in accordance with the terms of the Agreement, the member agencies hereby form the ECWMA. 3. Governing Board Representatives (GBR). The ECWMA shall be governed and operated by the GBR which shall be comprised of one elected official representative from each member agency. The governing body of each member agency shall designate, and may replace, one of its members 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 guidance in the implementation of the purposes of the ECWMA and authorize disbursement of funds in accordance with this Agreement. The GBR shall choose a regular meeting date and shall meet at least semi- annually. 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 term of office for the Chair, Vice-chair and Secretary shall be for two years. 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. March 20, 1997 Page 2 4. Joint Managers Committee. (JMC). The managers of each of the member agencies shall be members of the JMC of the ECWMA which shall have primary administrative responsibility for the implementation of the purposes of this Agreement. The term "Manager" means City Manager, County Administrator, or General Manager of each of the member agencies and their 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 term of office for the Chair and Vice-chair shall be two years. 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. Meetings of the JMC shall be as determined by the JMC. 5. 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 ECWMA by the GBR. 6. ECWMA Financing. Unless otherwise changed by a majority vote of the GBR, each member agency shall deposit annually (March 1) $500 with the Director of Financial Services for the City of Antioch who shall serve as Treasurer for the ECWMA. The Treasurer shall be the depository of and have custody of all funds of the ECWMA 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 ECWMA and place it in the treasury of the City to the credit of the ECWMA; b. Be responsible for the safekeeping and disbursement of all ECWMA money; C. Pay, when due, from ECWMA funds and upon the signature of the Chair or Vice- chair-of the JMC, all sums payable by the ECWMA; and d. Report in writing to the JMC quarterly and semi-annually to the GBR the amount of receipts since the last report and the amount paid out since the last report. e. Invest ECWMA funds according to the policies and procedures of the Treasurer's agency. Interest derived from deposited funds shall remain in the ECWMA's account. March 20, 1997 Page 3 7. Special Assessments. Any additional assessments to cover the appropriate costs of the ECWMA above the amounts specified in Section 6 shall be as approved by the GBR and shall be paid within 45 days of such action. If a member agency's Governing Board Representative votes against undertaking a specific project, except for execution of responsibilities set forth in Section 6, other member agencies desiring to proceed with such project may do so collectively as long as the dissenting member agency is.not responsible for costs of such project. Publishing and distribution of resulting documents, opinions, findings, and recommendations (collectively "reports") shall, unless all member agencies consent, be only on behalf of the consenting member agencies. Any reports issued by the association shall state that the reports do not necessarily represent the views of the governing bodies of the individual member agencies. 8. Liability. Each member agency agrees to indemnify and hold every other member agency to this Agreement,-an-dtheir-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. 9. Cooperation. All the member agencies agree that their respective monetary contributions are an expression of an intent to cooperate towards the purpose of the ECWMA. 10. Dissolution. Upon dissolution of the ECWMA by a majority vote of the GBR, any remaining association funds shall be refunded to the member agencies in proportion to the amount contributed by each over the life of the Joint Association. 11. Termination. If a member agency, through its governing board, votes to terminate its participation in the ECWMA, that agency will no longer participate on the GBR or JMC. Deposits made theretofore will remain with the ECWMA. 12. Amendment. This Agreement may be amended only by a written agreement approved by a unanimous vote of the member agencies. 13. Effective Date. This Agreement shall become effective upon approval by eight member agencies. 14. . Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given (1) when mailed, postage prepaid or faxed, or(2) delivered during working hours to the addresses and fax numbers set forth below for March 20, 1997 Page 4 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 will be the current address of the member agency. 16. 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 approval of 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. City of Antioch By Title Date City of Brentwood By Title Date Byron-Bethany Irrigation District By Title Date Contra Costa County Water Agency BybA lc_ _7�1� — Title Date March 20, 1997 Page 5 k Contra Costa County Sanitation District 19 By Title Date Contra Costa Water District By Title Date Delta Diablo Sanitation District By Title Date 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 March 20, 1997 Page 6