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HomeMy WebLinkAboutMINUTES - 05191998 - C66 Contra, TO: BOARD of SUP'ERVISORsQCounty Costa FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR [SATE: May 19, 1998 SUBJECT: REPORT ON EAST COUNTY WATER MANAGEMENT ASSOCIATION AND REVISION OF MARCH 17, 1998 BOARD REPORT RELATIVE TO SANITATION DISTRICT INVOLVEMENT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECQMMENj2TI NS 1. REAFFIRM authorization for the Chair or designee to sign the East County Water Management Agreement reestablishing the East County Water Management Association (ECWMA)to consider methods for implementation of Phase 11 programcomponents. 2. RESCIND recommended action#2 as contained in the March 17, 1998 Board Report (attached),which authorized an allocation of$500 from Water Agency funds for Sanitation District 19 involvement in the East County Water Management Association. 3. AUTHORIZE an allocation of $500 of Sanitation District 19 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. 4. REAFFIRM appointment of Supervisor Joe Canciamilla to represent Sanitation District 19 on the Governing Board of the ECWMA. FCA . IMPACT The agreement provides for reestablishment of the ECWMA, requiring a contribution of $500. As indicated in the attached 3117198 Board Report, funds for Sanitation District 19 participation will come from Organization#7393. CONTINUED ON ATTACHMENT; YES SIGNATURE f RECOMMERDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON A j-qS APPROVED AS RECOMMENDED ✓'OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE /UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES-.-NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart(510/335-1228) ATTESTED cc: Community Development Department (CDD) OHIL® TCHEL.OR,CLERK OF Public Works (Skip Epperiy) THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTYADMINISTRATOR SANITATION DISTRICT 19 May 19, 1995 Page 3 BACKGRO MIREASONS 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 pian 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, 1991 the Board signed the ECWMA Agreement with the other agencies, to complete the phase two document. The Phase Il Report, completed In late 1996, developed and evaluated alternatives to enable water supply through the year 2740. This study evaluated need over the short, medium and long term,with consideration of infrastructure and cost, as well as need for additional supply In dry or drought related scenarios. ECWMA members wish to continue the Association in order to work toward implementation of the recommendations contained In the Phase ll 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 it Sturdy Report In order to provide long-term water supplies and treatment facilities In a cost effective, reliable, implementable, and cooperative manner white maintaining institutional independence and customer satisfaction." The County Water Agency Is also a member of the ECWMA. aatcsa:�is.eo TO: BOARD OF SUPERVISORS FROM: I. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: MARCH 17, 1998 sysJ m APPROVE REPORT ON EAST COUNTY WATER. MANAGEMENT ASSOCIATION, DISCOVERY BAY AREA. SPECIFIC REQUESTS)OR R OMM ATION(s)a BACKGROUND ANL?JUSnFICAnON I I. 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 on behalf of Sanitation District No. 19. 2. AUTHORIZE an allocation of$500 of Water Agency funds for deposit in the ECWMA account (held by the State),in accordance with this agreement,and duct the Auditor to release these funds. 3. APPOINT Supervisor Joe Canciamilla to the Caverning Board of the ECWMA. II« Ott"I l �nntyact: Funds for Sanitation District No. 19 participation will come from Organization#7393. The agreement provides for reestablishment of the , and requires an initial contribution of$500.00. Continued on Attachment;..r.. SIGNATUR . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION Of BOARD ON March 17, 1998 APPROVED AS RECOMMENDED� OTHER VOTE OF SUPERVISORS X„ UNANIMOUS"SENT AYES: NOES:, ABSENT:ABSTAIN: I hereby certify that this Is a true and correct copy of an action taken and sntored on the minutes of the Board of Supervisors on the date shown. a-. t PubftOW WRI (M-22 a.u�a.} ATTESTED: � s�+ev�+r(a��.r1a3) � M `C'h17, 199$ at: r.wu...-c4nVow II YlililiMiislWilYll�� Board to"" P.W.Aep Of Stl lerYisorsBa d County Aelm rese r SUBJECT: APPROVE REPORT ON EAST COUNTY WATER MANAGEMENT ASSOCIATION. DISCOVERY BAY AREA. BATE: MARCH 17, 1998 PAGE: -2- III» ReASnS for Rech In January 1952, the County Beard 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 recomrmended and the Board approved a request of Contra Costa Water District(CCWP)to prepare the first phase of such a plan. In January of 1994, CCWD released the first phase report, a preliminary analysis of future dem, supply, existing infrastructure and other issues. Since that time the I I agencies which comprised the East County Water Management Association (ECWMA) met to establish content, methodology, financing and other mechanisms to facilitate Preparation of the detailed comprehensive phase two study. Sanitation District No. 19 is one of the members of the ECWMA. On December 20, 1994 the board approved the ECWMA Agreement with the other agencies, in order to complete the phase two report. The Phase II Report, completed in late 3996, developed and evaluated alternatives for consideration to enable water supply through the year 2040. This report evaluated need over the short,medium and long term, with consideration of infrastructure, costs, 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 recommendation contained in the Phase I and Phase II Report. As stance 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 recomtnendation of the ECWMS's Phase II Report in order to provide long-terra water supplies and treatment facilities in a cost effective, reliable, implementable, and cooperative manner while maintaining institutional independence and customer satisfaction." The Phase III Deport will further refuse the recommendations of the Phase I and Phase II Reports. The Water Committee of the Beard of Supervisors is aware of and monitors the activities of ECWMA. IV, CamMimm of ht=d ; Aldan: Sanitation District No. 19 will not be able to participate in the East County Water Management Association. a JI City of Antioch City of Brentwood Byron Bethany irrigation District c(Du fy �� Contra Costa County Sanitation District 19 7 Contra Costa Water Agency Y@'d1 f er Contra Costa Water District Delta Diablo Sanitation District a & s�g�',II9 ent Diablo Water District East Contra Costa Irrigation District �SCDCIl14l�RQDffi Itonhouse Sanitary District 2500 Pittsburg-Antioch Highway Antioch,CA.44509 City of Pittsburg (510)778.4040 Fax:(510)778.8513 DATE: November 21, 1997 TO: Joint Manager's Representatives Mc-) OC ECWMA FROM: Paul H. Causey, Delta Diablo Sanitation District -4 w SUBJECT: Revised Agreement to Form ECWMA Effective June 26, 1997 Attached for your files is a copy of the above agreement along with a copy of the signature pages. For your information, a copy has been sent to Mr. Andre Oliveros of the City of Antioch. PHC:pb Attachment-1 East County 'Water Management Association Agreement This Agreement is entered into this 26th--- day of June , 192-7 , 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 IrrigationDistrict, 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 If 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. 4n 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 H Report. March 20, 1997 Page i 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 fallowing terms and provisions of their agreement. 1. Recitals. The recitals contained herein are an integral part of this Agreement. 2. ECWMA Farmed. Subject to and in accordance with the terms of the Agreement, the member agencies hereby form the ECWMA. 3. Governing Board Rwresentatives {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 CBR 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 CBR 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. Tit%ttt Managers C mmi tee (IMC). 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. a. 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. S. 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 emissions of its own officers, agents, or employees.' 9. CQQperation. 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. Disgiolut on. 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. il. Ternninatton. 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 shad 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-Bethamy Irrigation District By Title /+' ' L_„ Date 1 * Contra Costa County Water Agency By Title Date - March 20, 1997 Page 5 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 _eAA— Marg fi. Mocha Tale Mayor Date April 23, 1997 City of Brentwood By Title Date .Byron-Bethany Irrigation District By Title Date Contra Costa County Water Agency By Title Date March 20, 1997 Page 5 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 shalt become binding upon the parties when at least one copy hereof shalt 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 ntwood By TitleE ' l� .Date Byron-Bethany Irrigation District By Title Date Contra.Costa County Water Agency By Title Date March 20, 2497 Page 5 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 Centra Costa County Water Agency By Wks- Titre a t*,f..,� o it er{t?scars Date 5/20/97 March 20, 1997 Wage 5 11 . .................................................................................. .......... ......... ......... ......... . ......... ......... ......... ......... ..................................................................................... ...................................... Contra Costa County Sanitation District 19 By Title Date Contra Costa'Vater District By .Title .hate Delta Diablo Sanitation District By Title Date Diablo Water District By Title Date East Con I 'g ' n Dist t By Title � .� - Date_ Ironhouse Sanitary District By Title ' Date City of Pittsburg By Title Date DMc-rlr- 6 January 7, 1997 Page 6 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 LnnyB r Title Pr dent Date March 28, 1997 City of Pittsburg By Title Date DMc-rlr- 8 March 20, 1997 Wage 6 .J--87 THU 14:30 CCWO ENGINEERING FAX NO. 5106888303 P. 07 Contra Costa County Sanitation District 19 By Title Date Contra Costa.Water District By Title Date Delta:Diablo Sanitation District By T`in'e Date Diablo Water District ByC d Tide Date F..Ast Contra Costa hTigation.District By TiEtle bate Lronhouse Sanitary District By 7"itle _ Date City of Pittsburg By T7 to Date DMc-rir-8 March 20, 1997 ,age 6 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 E ttsbu71 f By Title. Oi -,rManager Date 6/26/97 DMc-rlr- 8 March 20, 1997 Page 6 RE11F 8Y ..... DFI TA a1�p ..... Contra Costa County Sanitation District 19 By NOV 2 0 xm Title SAN Date Contra Costa'Water District By Till GENE MANAGER .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 or Pittsburg By Title Date DMc-rlr- 8 March 20, 1997 Page 6 ... ...................................................................................................................................................................................................... Contra Costa County Sanitation District 19 By Title Date Contra Costa Water District By Title Date Delta Diablo Sanitation District .Y—va� I KAI I Paul H. Causey Title General Manager/District gineer Elate 9/2/97 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 ....._.. ......... ......... ......... ......... ......... .11.11 ................_......._......_.... .....__... ...__...._. ......... ......... ......... ......... ......... ......... _. _.. _1111. . ........ ......... Contra Crista County Sanitation District 19 By r Title � v�� .Dote 2 LITE Contra Costa Water District By Title Date Delta Diablo Sanitation District By Tile Date----------.-;— Diablo ate .Diablo water District By Titre Date East Contra Costa Irrigation District By Title bate Ironhouse Sanitary District By Title Date City of PlUsburie By Title Date DMc-rlr-8 March 20, 1997 Page 6