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The regular monthly meeting of the Board of Directors of ALAMEDA COUNTY WATER DISTRICT was held on February 11, 2021, at the hour of 6:01 P.M.

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The regular monthly meeting of the Board of Directors of ALAMEDA COUNTY WATER DISTRICT was held on February 11, 2021, at the hour of 6:01 P.M.

Due to COVID-19 and in accordance with Governor Newsom’s Executive Order N-25-20 which suspends portions of the Brown Act, this meeting was conducted by Zoom Webinar and Teleconference, and members of the public were invited to participate.

Present: Directors Weed, Gunther, Huang, Sethy (arrived at 6:04 P.M.), and Akbari

Staff members present: General Manager Robert Shaver, Manager of Operations & Maintenance Kurt Arends, Manager of Finance Jonathan Wunderlich, Manager of Water Resources Laura Hidas, Manager of Engineering & Technology Services Ed Stevenson, Human Resources & Risk Manager Jennifer Solito, General Counsel Patrick Miyaki, and Assistant District Secretary Andrew Warren.

President Aziz Akbari presided.

Director Gunther led in the Salute to the Flag. 3 – PUBLIC COMMENTS – None

4 – CONSENT CALENDAR

A motion was made by Director Huang to add Items 5.1 through 5.3 to the Consent Calendar, seconded by Director Gunther.

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari

NOES: None

ABSENT: None

ABSTAIN: Director Sethy

A motion was made by Director Gunther, seconded by Director Huang to approve the following items on the Consent Calendar as amended.

4.1 Approval of Minutes of Regular Board Meeting of January 14, and Special Board Meeting of January 28, 2021

4.2 Ratification of Payment of Audited Demands dated January 1, January 8, January 15, January 22, and January 29, 2021

5.1 Resolution Honoring Steve Gonsalves Upon His Retirement from District Service

5.2 Authorization to Execute Two Agreements Regarding the 2021 Quagga and Zebra Mussel Prevention Programs at the Quarry Lakes Regional Recreation Area and Lake Del Valle 5.3 Resolution Finding the Blending Facility Low Flow Modifications Project Categorically

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The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari NOES: None

ABSENT: None

ABSTAIN: Director Sethy

_____________ 5 – ACTION CALENDAR

5.1* RESOLUTION HONORING STEVE GONSALVES UPON HIS RETIREMENT FROM DISTRICT SERVICE

Steve Gonsalves retired on December 29, 2020, after over 31 years of service with the District. Steve started his career with the District on March 3, 1989 as a Utility Worker I and was promoted to Utility Worker II in March of 1991. On June 3, 1996 Steve was promoted to the position of Utility Mechanic I, and in June of 1998 he was promoted to Utility Mechanic II. On May 15, 2013 Steve was promoted to the position of Planner/Scheduler, the position he retired from this past December.

During his tenure at the District, Steve performed his duties with a high level of competence. Steve has been instrumental in maintaining and prolonging the life of equipment throughout the District, keeping equipment running smoothly years beyond its expected life. Steve has been a great teacher providing training to many sub-journey level Utility Mechanics as well as familiarizing several journey level Utility Mechanics with the District and its operations. During Steve’s years at the District, he participated in several in-house team projects including PM Development, power, and control upgrades to the Mowry Wellfield, TP1 and TP2 pilot projects, as well as equipment upgrades and modification projects at several booster pumps, regulators, reservoirs, take-off stations, and ground water facilities. Most recently, Steve assisted in the development of the District’s Mechanical PM Program at the RD3 Fish Ladder. Steve will be missed by his friends and co-workers here at the District.

A motion was made by Director Gunther, seconded by Director Huang to adopt a resolution honoring Steve Gonsalves, and expressing appreciation for over 31 years of dedicated service to the District.

RESOLUTION NO. 21-003

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT HONORING STEVE GONSALVES UPON HIS RETIREMENT FROM DISTRICT SERVICE

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The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari NOES: None

ABSENT: None

ABSTAIN: Director Sethy

5.2* AUTHORIZATION TO EXECUTE TWO AGREEMENTS REGARDING THE 2021 QUAGGA AND ZEBRA MUSSEL PREVENTION PROGRAMS AT THE QUARRY LAKES REGIONAL RECREATION AREA AND LAKE DEL VALLE

The East Bay Regional Park District (EBPRD) and the Alameda County Water District (ACWD) have been carrying out the quagga and zebra mussel prevention program at Lake Del Valle and Quarry Lakes recreation areas since 2008. During this time, ACWD has equally split costs with EBPRD for the boat inspection program at Quarry Lakes and paid an equal share of costs for the boat inspection program at Lake Del Valle with EBPRD, Zone 7 Water Agency, and the Santa Clara Valley Water District. Like past years, there are two separate agreements which will allow ACWD to cost share in the 2021 inspection programs for Quarry Lakes and Lake Del Valle. ACWD’s contribution to the 2021 Quarry Lakes inspection program is a maximum amount of $37,710, and ACWD’s contribution to the 2021 Lake Del Valle inspection program is a maximum amount of $77,895. There is adequate funding in the budget to cover these inspection costs. Board authorization of these agreements will help meet the District’s Strategic Plan Goal 2.1 – Maintain and Enhance Sustainability and Reliability of Local and Regional Water Supplies.

The Bay Area Regional Consortium for Mussel Prevention (Consortium) was organized in 2009 to facilitate inter-agency coordination on quagga and zebra mussel prevention activities. The group, led by the Santa Clara County Parks and Recreation Department, has cooperatively developed the Bay Area Consortium Zebra and Quagga Mussel Coordinated Prevention Plan. The Board, by resolution in January 2010, authorized the General Manager to execute the Memorandum of Understanding (MOU) to become a participating agency within the Consortium (Agreement No. 3685). Each participating agency in the Consortium does not pay money to participate in the Consortium; however, each agency commits to performing inspections at local facilities and maintaining and sharing records of its mussel monitoring program.

The purpose of this program is to prevent the introduction of quagga and zebra mussels into Quarry Lakes and Lake Del Valle by watercraft. Potential consequences of an introduction of these invasive species within these water bodies include: damage to the aquatic ecosystem, reduction of recreational opportunities, decrease in South Bay Aqueduct transmission capacity, fouling of water treatment plant intakes and process equipment, impaired hydropower generation, reduction of water diversion capacity for groundwater recharge operations, as well as an increase in routine maintenance and capital improvement costs. The inspection program covers all watercraft and includes banding of trailered boats so that re-inspection is not required if they have not been in another water body. To date, the program has been successful in educating boaters, inspecting all watercraft that use the lakes, and preventing infestations.

EBRPD will continue to collect inspection fees at each location and share the revenue on a pro rata basis with its partners. ACWD’s contribution to the 2021 Quarry Lakes inspection program will consist of 50% of the nine-month program costs of $77,420, less $2,000 in anticipated fees

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collected, resulting in an estimated net maximum amount of $37,710. EBRPD will contribute 100% of the program costs for the remaining three months, without additional contributions from ACWD. Similarly, ACWD’s contribution to the 2021 Lake Del Valle inspection program will consist of 25% of the total program costs of $334,579, less $23,000 in anticipated fees collected resulting in an estimated net maximum amount of $77,895. The terms of the agreements are generally the same as in previous years.

A motion was made by Director Gunther, seconded by Director Huang to authorize the General Manager to execute two agreements for a total amount not to exceed $115,605 for the 2021 quagga and zebra mussel prevention programs at Quarry Lakes Regional Recreation Area and Lake Del Valle.

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari NOES: None

ABSENT: None

ABSTAIN: Director Sethy

5.3* RESOLUTION FINDING THE BLENDING FACILITY LOW FLOW MODIFICATIONS PROJECT CATEGORICALLY EXEMPT FROM CEQA AND APPROVING IMPLEMENTATION OF THE PROJECT

The Blending Facility Low Flow Modifications Project (Project) consists of replacing the control valves that regulate water flow from the existing San Francisco Public Utilities Commission (SFPUC) pipelines into the District’s Peralta-Tyson Blending Facility. The Project is subject to the California Environmental Quality Act (CEQA) and meets the Class 1, Class 2, and Class 4 Categorical Exemption requirements under CEQA Section 15301, 15302, and 15304, respectively. The Project will help meet the District’s Strategic Plan Goal 1.1 – Efficiently Manage and Maintain our Infrastructure to Ensure Reliability.

The District’s existing Peralta-Tyson Blending Facility is a critical component of the District’s potable water supply infrastructure. The facility blends groundwater from the District’s Mowry and Peralta-Tyson wellfields with relatively soft water imported from SFPUC’s Hetch-Hetchy regional water system to achieve a target hardness for distribution to customers. The facility consists of three existing identical blending units that each can treat up to approximately 12 million gallons of water per day (MGD). There is an automated control valve on each of the SFPUC water lines into the three blending units (Control Valves). The existing Control Valves were installed more than 20 years ago and were selected based on design minimum SFPUC flows of 10 MGD. Due to water production cost optimization efforts and reduced customer demands, the seasonal production of the Blending Facility has been reduced significantly since the original design, and operation of the Control Valves results in noise issues at low production rates. As the facility is surrounded by residential land uses, District operators work around the noise issues by partially closing two manual valves upstream of the Control Valves to reduce noise. This inhibits remote operation of the Blending Facility and impacts staff time and operating costs.

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The Project will replace the existing Control Valves with valves designed specifically to operate across the full range of flows required on each SFPUC water line. The new valves are of a different type and form factor from the existing control valves, so it will be necessary to modify the blending unit piping and associated appurtenances to accommodate the new valves.

The Project will not result in significant environmental impacts or impacts to special-status species, will not constitute an expansion of the existing use, will not increase the design capacity of any existing facility, and will only involve minor alterations to an existing public facility. The project is therefore exempt from CEQA because it meets one or more of the following Categorical Exemptions: 1) Class 1 under Section 15301, operation, repair, maintenance, or minor alterations to a public facility; 2) Class 2 under Section 15302, replacement, or reconstruction of existing utility systems; and 3) Class 4 under Section 15304, minor public or private alterations that do not involve the removal of healthy, mature, scenic trees.

A motion was made by Director Gunther, seconded by Director Huang to adopt a resolution 1) finding the Blending Facility Low Flow Modifications Project to be exempt from the California Environmental Quality Act, and 2) approving implementation of the Project, Job 21299.

RESOLUTION NO. 21-004

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT FINDING THE BLENDING FACILITY LOW FLOW MODIFICATIONS PROJECT EXEMPT FROM CEQA AND APPROVING IMPLEMENTATION OF THE PROJECT, JOB 21299

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari NOES: None

ABSENT: None

ABSTAIN: Director Sethy

5.4 RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE DRISCOLL ROAD MAIN RENEWAL PROJECT

Director Sethy stated that he holds an interest in a property in proximity to the project and recused himself, as required by law, from any participation in or discussion of Item 5.4. Director Sethy left the meeting at 6:05 P.M.

Mr. Stevenson reported that the Driscoll Road Main Renewal Project (Project) includes the replacement of the existing water main on Driscoll Road between Washington Boulevard and Mission Boulevard, and on Paseo Padre Parkway between Gomes Road and Driscoll Road in Fremont. The Project will improve system hydraulics, seismic reliability, post-earthquake service restoration, and reduce water system maintenance costs. In accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the Project. By incorporating the identified mitigation measures into the

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Project, there will not be a significant effect on the environment. The Project was most recently reviewed with the Engineering and Information Technology Committee on December 16, 2020. This Project will help meet the District’s Strategic Plan Goal 1.1 – Efficiently Manage and Maintain our Infrastructure to Ensure Reliability.

The existing pipeline on Driscoll Road was originally installed in the 1950s and is nearing the end of its useful life. Additionally, hydraulic modeling conducted in support of the 2011-2020 Capital Improvement Program Engineering Report concluded that portions of the pipeline are undersized, resulting in capacity constraints in water transmission. The Project includes the replacement of approximately 7,400 feet of existing 12-inch asbestos-cement pipe with 12-inch and 16-inch steel pipeline, associated fittings, valves, water service laterals and other appurtenances along Driscoll Road and a portion of Paseo Padre Parkway. The Project will improve system hydraulics by replacing hydraulically constrained portions of the system with larger diameter pipeline and would reduce the number of future breaks and leaks that could result in unplanned water service outages. In accordance with CEQA, a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration for the Project was published in local newspapers and circulated for a 30‐day public review period from June 16, 2020, through July 16, 2020. Following the addition of limited night work to the project description, the District recirculated the IS/MND to provide an additional opportunity for public comment. A second NOI was published in the Tri-City Voice newspaper on December 8, 2020, and in the Fremont Argus newspaper on December 11, 2020. Copies of the NOI and the Public Review Draft IS/MND documents were forwarded to the County Clerk, the State Clearinghouse, the City of Fremont, the San Francisco Public Utilities Commission, and the California Department of Transportation (Caltrans). Copies of the NOI and IS/MND were also posted on the District’s website.

During the 30-day public comment periods, comment letters were received from the City of Fremont and Caltrans. The comments from the City of Fremont referred to City of Fremont standard requirements related to resource protection and construction noise and construction-related vibration, and a request to inform the Fremont Planning Manager of the discovery of any paleontological or cultural resources during the construction period. In response to the comments from the City of Fremont, the proposed mitigation measures were clarified to better align with the applicable City ordinance.

The comments from Caltrans indicated that any construction impacts to Caltrans right-of-way improvements would need to be mitigated and noted that a Caltrans encroachment permit would be required. Caltrans also noted that a permit for transportation of oversize loads may also be required. Staff has acknowledged the comments and provided written responses.

No new significant environmental impacts have been identified because of the public review process and by incorporating the identified mitigation measures, there will not be a significant effect on the environment. Mitigation measures to be implemented include noise abatement, traffic mitigation, dust abatement, biological site survey, worker awareness training, measures for unanticipated cultural discoveries, and erosion and sediment control. The Final IS/MND, which includes the Mitigation Monitoring and Reporting Program, is incorporated as an attachment to the resolution proposed for adoption.

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Discussion ensued and Mr. Stevenson responded from inquiries by the Board.

A motion was made by Director Gunther, seconded by Director Huang to adopt a resolution which 1) adopts the Mitigated Negative Declaration for the Driscoll Road Main Renewal Project; 2) adopts the Mitigation, Monitoring and Reporting Program; 3) approves implementation of the Driscoll Road Main Renewal Project; and 4) authorizes the General Manager to prepare and file a Notice of Determination for the Project, Job 21212.

RESOLUTION NO. 21-005

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE DRISCOLL ROAD MAIN RENEWAL PROJECT AND DIRECTING THE FILING OF A NOTICE OF DETERMINATION

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, and Akbari NOES: None

ABSENT: Director Sethy

Director Sethy returned to the meeting at 6:28 P.M.

5.5 AUTHORIZATION TO EXECUTE A COOPERATIVE AGREEMENT FOR WATER MAIN RENEWAL DESIGN AND CONSTRUCTION WORK ASSOCIATED WITH THE CITY OF NEWARK’S LINDSAY TRACT ROADWAY AND GREEN INFRASTRUCTURE IMPROVEMENTS PROJECT

Mr. Stevenson reported that the District’s Water Main Renewal Program includes the replacement of approximately 5,300 feet of existing 4-inch, 6-inch, and 8-inch asbestos cement water mains, fire hydrants, water service laterals, and related appurtenances within the public right-of-way on George Avenue between Sycamore Street and Cherry Street, Magnolia Street between Dairy Avenue and Sycamore Street, Olive Street between Dairy Avenue and its northern cul-de-sac terminus, and Mulberry Street between Dairy Avenue and its northern cul-de-sac terminus. The City of Newark (City) is planning to construct the Lindsay Tract Roadway and Green Infrastructure Improvements Project (City Project) which includes reconstruction of these same streets with new curb and gutter, sidewalk, and stormwater infrastructure. Additionally, the District’s Water Main Renewal Program includes replacement of approximately 1,350 additional feet of the aging water system outside of the Lindsay Tract area on Birch Street between Thornton Avenue and Baine Avenue in the same area. A cooperative agreement has been prepared to provide for a joint effort between the City and the District to complete the design and construction of the water system installation as part of the City Project. The agreement addresses cost-sharing and responsibilities of the District and the City to complete the design and construction of all these improvements. This item was reviewed with the Engineering and Information Technology Committee on November 18, 2020. Board authorization of these services will help meet the District’s Strategic Plan Goal 1.1 – Efficiently Manage and Maintain our Infrastructure to Ensure Reliability.

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The District’s water system renewal work and the City Project both involve major improvements to utilities and other infrastructure within the public right-of-way. To provide for the most efficient and cost-effective implementation of the two projects, and to minimize impacts to Newark residents due to traffic and construction, the District, and the City desire to combine the work into a single project (the Joint Project). The Joint Project includes professional engineering services, acquisition of permits, construction, inspection, testing, acceptance, and warranties for the work within the Lindsay Tract and surrounding areas. The City will administer the Joint Project and will serve as the lead agency for California Environmental Quality Act (CEQA) review and documentation as well as permitting.

Consistent with past practice, a cooperative agreement has been prepared to address the cost sharing obligations of both parties with the intent that the District would reimburse the City’s reasonable costs related to the District’s water system renewal work which is part of the City Project. Under this agreement, the District would assume 100% of the cost of services, materials, and equipment attributed specifically to the District’s water system work for both design and construction, as well as 50% of the cost for common professional services scope items such as project management, permitting assistance, and neighborhood outreach. The as-bid construction costs for the District’s construction contract bid items would be as identified separately in the construction contract and the District would reserve the option to decline construction of the water system work should the cost or other terms be unacceptable. In accordance with past practice, the cooperative agreement terms include payment of an administrative fee equal to 10% of the total cost of District water system work to reimburse the City for administration and construction management of the District water system work. The District’s estimated total cost obligation through completion of the City Project is approximately $3,500,000.

A motion was made by Director Gunther, seconded by Director Sethy to authorize the General Manager to execute a cooperative agreement with the City of Newark for water main design and construction work for the Water Main Renewal Program and Lindsay Tract Roadway and Green Infrastructure Improvements project, District Job 21191, and City of Newark project 1138. The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, Sethy, and Akbari NOES: None

ABSENT: None

5.6 DELIVERY OF GROUNDWATER MONITORING REPORT AND SURVEY REPORT, AND ADOPTION OF RESOLUTIONS RELATING TO THE REPLENISHMENT ASSESSMENT ACT

Ms. Hidas reported that as required by the Replenishment Assessment Act of the Alameda County Water District (Replenishment Assessment Act), the District must prepare an Engineering Survey and Report on Groundwater Conditions (Survey Report) and the Board must adopt the necessary resolutions of intent on or before the second Tuesday of March as prerequisites to a Public Hearing, which must be held on the second Tuesday of April. The purpose of the Public Hearing is to allow public comment on both the Survey Report and the proposed replenishment assessment rate. The Survey Report includes a recommendation for a 3% increase in the replenishment assessment rate for groundwater pumped or extracted for other than agricultural and municipal recreational

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purposes, effective on July 1, 2021. This proposed increase is subject to public notification requirements that were established through Proposition 218. This recommendation is based on projected activities needed to sustain the groundwater basin in FY 2021/22, with consideration of groundwater levels and quality documented in the 2020 Groundwater Monitoring Report. Approval of this item is consistent with Strategic Plan Goal 2.1 – Maintain and Enhance Sustainability and Reliability of Local and Regional Water Supplies and Strategic Plan Goal 3 – Improve the District’s Financial Stability and Transparency.

The Replenishment Assessment Act was established by the State of California in Chapter 1942 of the Statutes of 1961 and amended by Chapter 947 of the Statutes of 1970 and Chapter 828 of the Statutes of 1974. The Replenishment Assessment Act gives the District the authority to take measures to ensure the quantity and quality of groundwater for the benefit of all users of the groundwater basin. Such measures include constructing, operating, and maintaining facilities for groundwater recharge; importing supplemental water for groundwater recharge; requiring metering of wells; and levying a replenishment assessment.

The Replenishment Assessment Act requires the Board to order an Engineering Survey and Report on Groundwater Conditions as the first step in the process to establish a replenishment assessment for the next fiscal year. The Survey Report on Groundwater Conditions must be provided to the Board in February to meet subsequent deadlines set forth by Proposition 218 and the Replenishment Assessment Act. On January 22, 2021, staff sent letters to all well owners/operators and interested parties identified as part of the Sustainable Groundwater Management Act informing them that the Board would be discussing and considering items pertaining to the Replenishment Assessment Act at the February 11, March 11, and April 13, 2021, Regular Board meetings.

The Survey Report, ordered by the Board on November 12, 2020, has been completed. The 2020

Groundwater Monitoring Report, which is referenced by the Survey Report, has also been

completed. The remaining actions and schedule for increasing the replenishment assessment rate are as follows:

• February 11, 2021 – Regular Board Meeting: On or before the second Tuesday in March, the Board must adopt a resolution declaring that replenishment assessment revenue should continue over the coming fiscal year to fund a portion of groundwater basin costs. Following adoption of this resolution, the Board must adopt a second resolution to extend the deadline for metering of certain non-metered wells for which annual water production is minimal and would not result in revenues justifying the costs to install meters.

• February 12-22, 2021: To comply with Proposition 218 notification requirements, staff will mail notices of the proposed rate increase to owners and operators of wells producing water for purposes other than agricultural and municipal recreation. The notices will include the amount of the proposed rate increase and the date and time of the public hearing (see below). • March 11, 2021 – Regular Board Meeting: Staff will provide a presentation to assist the Board

and the public in its review of the Survey Report and the 2020 Groundwater Monitoring

Report.

April 13, 2021 – Regular Board Meeting/Public Hearing: The Board will receive public comment and consider the adoption of resolutions that will increase the replenishment

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assessment rate for groundwater pumped or extracted for other than agricultural and municipal recreational purposes, effective in FY 2021/22.

Hearing, which must begin April 13, 2021, may be adjourned from time to time, but must be completed no later than May 4, 2021. The resolutions tentatively scheduled for consideration on April 13, 2021, may not be acted upon until completion of the Public Hearing, but must be adopted no later than May 11, 2021.

Discussion ensued and Ms. Hidas responded to inquiries from the Board.

A motion was made by Director Gunther, seconded by Director Sethy, receive the 2020

Groundwater Monitoring Report and the Survey Report on Groundwater Conditions, February 2021 and by motion, 1) adopt a resolution declaring the Board’s intention to continue use of

replenishment assessment revenue to fund a portion of groundwater basin costs in FY 2021/22, setting April 13, 2021, at 6:00 p.m. as the date and time for a public hearing for consideration of the proposed increase to the replenishment assessment, and directing staff to mail to owners and operators of wells that would be subject to the replenishment assessment notification of the proposed increase and public hearing details, and 2) adopt a resolution extending the deadline for installation of measuring devices on certain non-metered wells.

RESOLUTION NO. 21-006

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT DECLARING THAT FUNDS SHALL BE RAISED TO REPLENISH THE GROUNDWATER SUPPLIES WITHIN THE DISTRICT AND CALLING A PUBLIC HEARING

RESOLUTION NO. 21-007

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT EXTENDING DEADLINE FOR INSTALLATION OF MEASURING DEVICES ON WELLS

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, Sethy, and Akbari NOES: None

ABSENT: None

5.7 RESOLUTION APPROVING REVISED MISCELLANEOUS FEES AND CHARGES, REBATE PROGRAMS, UPDATING THE DISTRICT’S RATE AND FEE SCHEDULE, AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

Mr. Wunderlich reported that the District annually conducts a review of various fees and charges and revises them as appropriate to cover the costs of providing the service for which the fee or charge is imposed. As a result of this review, staff recommends revisions to various fees and charges. Staff also recommends updates to high efficiency toilet rebate programs and updating the

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rate and fee schedule to reflect previously approved changes to Facility Connection Charges. The proposed changes were reviewed at the November 17, 2020 Finance Committee meeting and the December 10, 2020 Board meeting. Approval of this item will help the District achieve Strategic Plan Goal 3 – Improve the District’s Financial Stability and Transparency.

The District imposes different categories of fees and charges with different requirements regarding how fees and charges are set. The current District Rate and Fee Schedule includes the following categories: 1) Water Consumption Charges and Bimonthly Service Charges, 2) Fees and Charges to Establish Water Service, 3) Administrative Charges, 4) Other Fees and Charges, and 5) Water Conservation Rebates and Incentives. The proposed updates were previously reviewed with the Board and do not require a formal public hearing for approval.

The following miscellaneous fees and charges are proposed to cover the cost of service and most adjustments are relatively modest to cover slight increases in labor costs. However, there are more significant increases for meter installations to reflect the higher cost of ultrasonic meters that are now used as the District standard. The table below summarizes the current fees and the proposed fees. The fees for which there are no proposed changes are not listed. Proposed development related fees are effective May 1, 2021, and all other proposed fees are effective March 1, 2021.

Section 1: Water Consumption Charges and Bimonthly Service

Charges Current March 1, 2021 Proposed Eff. Fire Hydrant Meter Charges:

• Deposit (3” Meter + RP Device) $1,618.00 $1,643.00 • Late Return Field Investigation / Follow-Up Charge $114.00 $120.00 • Late Meter Reading Field Investigation / Follow-Up Charge $106.00 $110.00 Metered Jumper Assembly Charges (6” Meter + RP Device): $4,770.00 $5,037.00

Section 2: Fees and Charges to Establish Water Service: Current Proposed Eff. May 1, 2021 Meter Installation Charges:

• 3/4” Meter $187.00 $254.00

• 1” Meter $260.00 $287.00

• 1-1/2” Meter $485.00 $495.00

Section 3: Administrative Charges Current March 1, 2021 Proposed Eff.

Damaged Angle Stop Charge $324.00 $306.00

Reconnection Charge:

• For Replacement of a Pulled Meter & Turn On $102.00 $104.00 Section 4: Other Fees and Charges Current March 1, 2021 Proposed Eff. Inspection/Testing of Backflow Prevention Device $82.00 $85.00 Water Conservation Rebates and Incentives Program:

Staff is proposing to 1) eliminate the High Efficiency Toilet (HET) rebate for commercial, industrial, and institutional customers, and 2) add a rebate for Ultra-High Efficiency Toilets (UHETs), flushing at 1.1 gallons per flush or less, for commercial, industrial, and institutional customers and multifamily residential properties. The District's multifamily residential property owner customers can receive a rebate of $70 per UHET for replacing higher volume toilets with ultra-high efficiency toilets at these sites. The District’s commercial, institutional, and industrial customers can receive a rebate of $150 per UHET or High Efficiency Urinal (HEU) for replacing

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a higher volume toilet or urinal with a UHET and/or HEU. Rebate amounts were discussed at the Water Resource and Conservation Committee meeting on January 27, 2021 and reflect water savings variances between the two programs and the higher purchase and installation costs of commercial toilets.

Facilities Connection Charges:

In February of 2019, the Board approved updates to charges for new or expanded water service connections (Facilities Connection Charges or FCCs). A new equity buy-in component was added to the FCCs at that time with a five-year phase-in. The third year of the phase-in is scheduled to go into effect May 1, 2021. Additionally, a 4.479% inflationary increase to FCCs will be effective May 1, 2021. This increase was calculated based on the July 2019 - July 2020 increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area as authorized by the Board’s February 2019 action revising the District's FCCs. Notice of the updated FCCs is included in the District's annual developer letter. The resolution presented with this item includes these FCC updates to the Rate and Fee Schedule to reflect the previously approved inflationary increase and phase-in of the equity buy-in component.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION

The California Environmental Quality Act (CEQA), Public Resources Code §21080(b)(8), includes an exemption for revisions to rates and charges that are for the purpose of: 1) meeting operating expenses; 2) purchasing or leasing supplies, equipment, and materials; 3) meeting financial reserve requirements; or, 4) obtaining funds for capital projects necessary to maintain services and system reliability within existing service areas. Staff and General Counsel recommend that the Board find that all proposed rate and charge changes are for the purpose of providing for the CEQA enumerated items:

1. Operating expenses

2. Leasing supplies, equipment, and materials, which are also a part of operating expenses 3. Financial reserves: The District maintains various reserves such as the Emergency Reserve

and the Operations & Maintenance and Capital Reserve. 4. Capital Projects

Mr. Wunderlich noted that the Board decided to forgo a planned rate increase in December on account of the financial challenges being experienced by many District customers during this COVID-19 pandemic and the proposed miscellaneous fees and charges being considered by the Board do not impact most customers.

A motion was made by Director Gunther, seconded by Director Huang to adopt a resolution approving 1) revised miscellaneous fees and charges, 2) updates to high efficiency toilet rebate programs, and 3) updating the District’s Rate and Fee Schedule to reflect these changes and previously approved changes to Facility Connection Charges, and finding that the amendments are exempt from the California Environmental Quality Act.

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RESOLUTION NO. 21-008

OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT AMENDING THE RATE AND FEE SCHEDULE REGARDING MISCELLANEOUS FEES AND CHARGES AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, Sethy, and Akbari NOES: None

ABSENT: None

5.8 RESOLUTION NOMINATING DIRECTOR JOHN H. WEED TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY

Mr. Shaver reported that on March 14, 2019, the Board authorized the District to enter into the Joint Powers Agreement and to join the joint protection programs of the Association of California Water Agencies/Joint Powers Insurance Authority (ACWA JPIA) for workers' compensation, property, and general liability insurance coverage. This coverage was in addition to the contracts that the District maintains with ACWA JPIA for dental and vision employee benefits.

Because the District participates in all four of ACWA JPIA’s programs (workers’ compensation, property, general liability, and employee benefits), the ACWA JPIA bylaws allow the District to nominate its member of the ACWA JPIA Board of Directors to the ACWA JPIA Executive Committee.

There will be an ACWA JPIA Executive Committee election held during the ACWA JPIA’s spring 2021 Board of Directors’ meeting. This election will fill four Executive Committee member positions, each for a four-year term. The incumbents are Tom Cuquet, South Sutter Water District; David Drake, Rincon Del Diablo Municipal Water District; Melody Henriques-McDonald, San Bernardino Valley Water Conservation District; and Randall James Reed, Cucamonga Valley Water District.

The ACWA JPIA Nominating Procedures for Executive Committee require in addition to a District nominating resolution, resolutions in concurrence from three other member agencies of ACWA JPIA.

The District’s current representative on the ACWA JPIA Board (Director John H. Weed) has expressed a willingness to serve on the ACWA JPIA Executive Committee.

Further discussion ensued and the Board recommended that President Akbari draft a letter to ACWA JPIA member agencies requesting support for Director Weed’s nomination.

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A motion was made by Director Gunther, seconded by Director Huang and by resolution, nominate John H. Weed as a candidate to serve on the ACWA JPIA Executive Committee for the election to be held during the ACWA JPIA’s spring 2021 Board of Directors’ meeting.

RESOLUTION NO. 21-009

OF THE BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT NOMINATING ITS JPIA BOARD MEMBER TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY (JPIA)

The motion was passed by the following vote:

AYES: Directors Weed, Gunther, Huang, Sethy, and Akbari NOES: None

ABSENT: None

6 – REPORTS

6.1 BOARD COMMITTEE REPORTS

• Operations & Water Quality Committee Meeting of January 5, 2021: 1) WRF Project 4749 – Optimizing Biofiltration for Improved Manganese Removal Under Winter Conditions • Legal, Intergovernmental & Community Affairs Meeting of January 12, 2021: 1) Update on

State Legislation; 2) Public Outreach Update; 3) Update on Public Outreach Planning for the Advanced Metering Infrastructure Project

• Finance Committee Meeting of January 19, 2021: 1) Job Order Contracting Pilot; 2) Investment Portfolio Duration Strategy; 3) Income and Budget Statements

Engineering & Information Technology Committee Meeting of January 20, 2021: 1) Update on Avalon Tank Hillside Slope Erosion Protection Project; 2) Update on Main Renewal Program Encroachment Permit Requirements; 3) Update on Clean Energy Program

• Water Resources & Conservation Meeting of January 27, 2021: 1) Water Supply Update; 2) Cost Sharing Agreements for Invasive Mussel Species Prevention Programs; 3) Conservation Programs Update; 4) Update on Request for Exchange of ACWD’s Individual Supply Guarantee (ISG)

6.2 OPERATIONAL REPORTS • Rainfall Report

• Water Production Report – Ms. Hidas reported that a corrected version of the Water Production Report was posted to the District’s website on February 10, 2021 and is included in the meeting minutes for reference. Ms. Hidas explained that some information was not properly translated while generating the graphic used in the report. The issue has since been corrected.

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• Quarterly Well Level Report • Quarterly Projects Review

• Quarterly Directors’ Expense Report • Investment Report

• Quarterly Budget Report • Quarterly Personnel Report

• Distribution System Monthly Hardness – Director Huang inquired about a recent rise in water hardness in south Fremont and Mr. Arends responded to Director Huang’s question, noting that there are seasonal hardness changes in the District’s delta water supply.

6.3 STAFF PRESENTATIONS - None 6.4 GENERAL MANAGER’S REPORTS

Mr. Shaver provided the Board with a brief update on District activities related to the COVID-19 Pandemic.

• Ms. Hidas provided an update regarding the State Water Contractors’ Dry Year Transfer Program. The District participated in the program for the first time in 2020, successfully securing approximately 1,700-acre feet of water at a price of $350 per acre foot. This helps bolster supplies as the District prepares for a potential consecutive dry year and minimizes water supply costs by avoiding the purchase of more costly SFPUC water supplies. The State Water Contractors is coordinating a Dry Year Transfer Program for 2021 and staff is proposing to participate. Under General Manager authority, staff is planning to execute an agreement with the State Water Contractors and remit a total deposit of $20,000 to be used for administration, environmental and legal costs for water purchase agreements that are executed through the program. Staff will provide an update to the Board in the spring with further information, including costs, terms, and available supplies and request Board authorization to execute any water purchase agreement that result from the program.

Further discussion ensued and Ms. Hidas responded to inquiries by the Board.

• Mr. Stevenson announced a virtual community information meeting on March 10, 2021 at 6:00 P.M. Topics of discussion are related to the District’s AMI project status.

7 – DIRECTOR’S COMMENTS, REPORTS ON MEETINGS ATTENDED, AND AGENDA ITEM REQUESTS

• Directors Sethy and Weed reported on their attendance at the Alameda County Special Districts Association Meeting held virtually on January 13, 2021.

• Directors Sethy and Weed reported on their attendance at the Alameda County Redevelopment Oversight Committee Meeting held virtually on January 20, 2021.

Director Sethy reported on his attendance at the CalDesal conference held on February 10 and February 11, 2021. Director Sethy expressed interest in a topic of discussion at the conference regarding emergency communications, especially if cellular service is lost. Mr.

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Shaver reported that staff will make a presentation at a future Board workshop regarding emergency response and communications.

The Board expressed interest in the District supporting federal legislation that increases available funding for desal-related projects. Mr. Shaver reported he will work with CalDesal, and possibly the Board President and Vice President on outreach efforts to elected officials in support of additional federal funding for desalination projects in California.

Director Akbari expressed concern regarding a recent hacking incident experienced by a water utility in Florida. Mr. Shaver reported that staff is always reviewing its cyber-security protocols and will make a presentation to the Board in the future.

8 – CLOSED SESSION

President Akbari announced that the Board will convene in closed session to discuss the following items:

8.1 Pursuant to California Government Code Section 54957.6 • Conference with Labor Negotiators

Agency Designated Negotiators: Robert Shaver, Jennifer Solito, Jonathan Wunderlich, and Stacy Cue

Employee Organizations: Operating Engineers Local 3 and ACWD Operators’ Association

8.2 Pursuant to California Government Code Section 54956.8 • Conference with Real Property Negotiators

Property: N3 Cattle Company, consisting of 131 parcels and approximately 50,535 acres in Alameda County, Santa Clara County, San Joaquin County, and Stanislaus County – Assessor’s Parcel Nos. were furnished by Owners’ Representative and are attached to this agenda

Agency Negotiators: Robert Shaver and Ed Stevenson

Negotiating Parties: N3 Cattle Company, LLC; REN, Jr.; and REN, Jr., TR Under Negotiation: Price and Terms of Payment

8.3 Pursuant to California Government Code Section 54957 Public Employee Appointment

Title: General Manager

President Akbari adjourned the meeting to a closed session at 7:57 P.M. and reconvened the meeting at 11:02 P.M.

President Akbari reported that regarding Item 8.1, direction was given to Agency Designated Negotiators.

President Akbari reported that regarding Item 8.2, direction was given to the District’s Real Property Negotiators.

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President Akbari reported that regarding Item 8.3, no action was taken.

There being no further business to come before the Board, the meeting adjourned at 11 :02 P.M.

Andrew Warren, Assistant District Secretary

References

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