Staff Reports - East Bay Municipal Utility District

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BOARD OF DIRECTORS 

EAST BAY MUNICIPAL UTILITY DISTRICT 

375 -1 lth Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440 

ROLL CALL: 

AGENDA 

Tuesday, March 12, 2013 

REGULAR CLOSED SESSION 

11:00 a.m., Board Room 

PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking 

questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda. 

ANNOUNCEMENT OF CLOSED SESSION AGENDA: 

1. Existing litigation pursuant to Government Code section 54956.9(a): 

a. East Bay Municipal Utility District v. E-D Coat, Inc. 

Alameda County Superior Court, Case No. RG12650364 

2. Significant exposure to litigation pursuant to Government Code section 54956.9(b): 

one matter. 

3. Initiation of litigation pursuant to Government Code section 54956.9(c): one matter. 

4. Conference with Labor Negotiator Glen Berkheimer from the Industrial Employers 

Distributors Association (I.E.D.A.), Alexander R. Coate, Carol Nishita, Eric Sandier, 

Delores Turner, and Michael Rich pursuant to Government Code Section 54957.6: 

Employee Organizations International Federation of Professional and Technical 

Engineers AFL-CIO, Local 21; International Union of Operating Engineers, Local 39; 

and American Federation of State, County and Municipal Employees, Locals 444 and 

2019. 

(The Board will hold Closed Session in Conference Room 8A/B) 

ROLL CALL: 

REGULAR BUSINESS MEETING 

1:15 p.m., Board Room 

BOARD OF DIRECTORS: 

• Pledge of Allegiance 

ANNOUNCEMENTS FROM CLOSED SESSION: 

PRESENTATION: 

• National Association of Clean Water Agencies Award for Wastewater's Renewable 

Energy Program 

PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, 

asking questions for clarification, or referring a matter to staff when responding to items that are not listed on 

the Agenda.

Regular Meeting of 

March 12, 2013 

Page 2 of3 

CONSENT CALENDAR: (Single motion and vote approving 6 recommendations including 1 resolution.) 

1. Approve the Regular Meeting Minutes of February 26, 2013. 

2. File correspondence with the Board. 

3. Award a contract to the lowest responsible/responsive bidder, Badger Meter, Inc., in the 

estimated annual amount of $1,771,433.45 for supplying various sized water meters to be 

installed throughout the District, for the period beginning April 1, 2013 and ending March 31, 

2014 with four options to renew for additional one-year periods for a total cost of 

$8,857,167.24 under Proposal No. 1308. 

4. Reaffirm the District's Equal Employment Opportunity Policy 1.01 and Prevention of Sexual 

Harassment in the Workplace Policy 1.07, and adopt the 2013 Affirmative Action Plan and 

Goals. 

5. Authorize a contract extension with Wells Fargo Bank for commercial banking purposes for 

an additional three-year period from April 1, 2013 through March 31, 2016. 

6. Authorize an agreement with Sacramento Municipal Utility District for energy-related 

services to Clay Station Pump Plant. 

7. Authorize the submission of a grant application to the Local Assistance Loan and Grant 

Program administered by the California Department of Boating and Waterways to support 

the District's San Pablo Reservoir Boat Launch Facility Improvement Project in the amount 

of $2,700,000 and designate Scott Hill, Manager of Watershed and Recreation, as the 

authorized District representative should the grant be awarded. 

(Resolution) 

DETERMINATION AND DISCUSSION: 

8. Legislative Update: 

• Receive Legislative Report No. 02-13 and consider positions on the following bills: 

AB 115 (Perea) Safe Drinking Water State Revolving Fund; AB 284 (Quirk) Energy: 

Road to 2050 Board; AB 763 (Buchanan) Aquatic Invasive Plants: Control and 

Eradication; AC A 8 (Blumenfield) Local Government Financing: Voter Approval 

• Update on Legislative Issues of Interest to EBMUD 

9. Adopt a resolution approving the updated Mokelumne/Amador/Calaveras Integrated 

Regional Water Management Plan. 

(Resolution) 

10. General Manager's Report: 

• Update on January 31,2013 Declaration of a District Emergency 

® Delta Update 

• Water Supply Update 

• Monthly Report - February 2013

Regular Meeting of 

March 12, 2013 

Page 3 of 3 

REPORTS AND DIRECTOR COMMENTS; 

11. Committee Reports: 

• Sustainability/Energy 

• Finance/Administration 

• Planning 

• Legislative/Human Resources 

12. Director Comments. 

ADJOURNMENT: 

The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday, 

March 26, 2013 in the Administration Center Board Room, 375 Eleventh Street, Oakland, 

California. 

Disability Notice 

If you require a disability-related modification or accommodation to participate in an EBMUD public meeting 

please call the Office of the Secretary (510) 287-0404. We will make reasonable arrangements to ensure 

accessibility. Some special equipment arrangements may require 48 hours advance notice. 

Document Availability 

Materials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 

hours prior to this meeting are available for public inspection in EBMUD's Office of the Secretary at 375 11th 

Street, Oakland, California, during normal business hours. 

W:\Agendas\Agendas 2013\031213_regular_agenda.doc

BOARD CALENDAR 

Date 

Meeting 

Time/Location 

Topics 

Tuesday, March 12 

Planning Committee 

Foulkes (Chair), Linney, 

Mclntosh 

9:00 a.m. 

Training Resource Center 

• Biosolids 

Management Program 

Update 

• Water Quality 

Program Semi-Annual 

Update 

• Regulatory 

Compliance Semi- 

Annual Report - Oct. 

2012 through Feb. 2013 

• South East Bay 

Plain Basin 

Groundwater 

Management Plan 

Legislative/Human 

Resources Committee 

Mclntosh (Chair), Coleman, 

Mellon 

10:00 a.m. 


• 2013 Affirmative 

Action Plan 

• 2013 Health Plan 

Participation and Health 

Care Reform Update 

• Legislative Update 

Board of Directors 

11:00 a.m. 

1:15 p.m. 

• Closed Session 

• Regular Meeting 

Tuesday, March 26 

Finance/Administration 

Committee 

Coleman (Chair), Linney, 

Patterson 

10:00 a.m. 



11:00 a.m. 

1:15 p.m. 


• Regular Meeting 

Monday, April 1 

Cesar Chavez Holiday 

• Offices Closed 

Tuesday, April 9 

Planning Committee 

Foulkes (Chair), Linney, 

Mclntosh 

9:15 a.m. 


Legislative/Human 

Resources Committee 

Mclntosh (Chair), Coleman, 

Mellon 

10:15 a.m. 



11:00 a.m. 

1:15 p.m. 


• Regular Meeting

Draft Prepared 

Office of the Secretary 

MINUTES 

Tuesday, February 26, 2013 

East Bay Municipal Utility District 


375 Eleventh Street 

Oakland, California 

Regular Closed Session Meeting 

President Andy Katz called to order the Regular Closed Session Meeting of the Board of Directors at 

11:10 a.m. in the Administration Center Board Room. 

ROLL CALL 

Directors Katy Foulkes, Doug Linney, Lesa R. Mclntosh, William B. Patterson, and President Andy 

Katz were present at roll call. Director John A. Coleman was excused to attend the ACWA and CASA 

conferences in Washington, D.C. Director Frank Mellon was absent. 

Staff present included General Manager Alexander R. Coate, General Counsel Jylana Collins, 

Attorney Lourdes Matthew (Item la), Risk Manager Karen K. Curry (Item lb), Workers' 

Compensation Manager and Risk Specialist Vladimir Bessarabov (Item lb), Attorney Xanthe M. 

Berry (Items lb & 2), and Manager of Wastewater Engineering Edward H. McCormick (Item 2). 

PUBLIC COMMENT 

There was no public comment. 

ANNOUNCEMENT OF CLOSED SESSION AGENDA 

President Andy Katz announced the Closed Session agenda. The Board convened to Conference 

Room 8A/B for discussion. 

Regular Business Meeting 

President Andy Katz called to order the Regular Business Meeting of the Board of Directors at 

1:15 p.m. in the Administration Center Board Room. 

ROLL CALL 

Directors Katy Foulkes, Doug Linney, Lesa R. Mclntosh, Frank Mellon, William B. Patterson, and 

President Andy Katz were present at roll call. Director John A. Coleman was excused to attend the 

ACWA and CASA conferences in Washington, D.C.

Regular Meeting Minutes of 

February 26, 2013 

Page 2 of 5 


President Katz led the Pledge of Allegiance. 

ANNOUNCEMENTS FROM CLOSED SESSION 

There were no announcements required from closed session. 

PUBLIC COMMENT 

There was no public comment. 

CONSENT CALENDAR 

• Motion by Director Mellon, seconded by Director Foulkes, to approve Items 1-7 

on the Consent Calendar, carried (6-0) by voice vote. Director John Coleman was absent 

(excused). 

1. Motion No. 022-13 -- Approved the Special and Regular Meeting Minutes of 

February 13,2013. 

2. The following correspondence was filed with the Board: 1) Presentation entitled, "Dingee 

Pipeline Break," dated February 26, 2013; and 2) Presentation entitled, "Water Supply 

Board Briefing," dated February 26, 2013. 

3. Motion No. 023-13 - Awarded a contract to the lowest responsible/responsive bidder, 

Calgon Carbon, Inc., in the estimated annual amount of $77,285.00 for supplying 

activated carbon canisters for odor control at the Main Wastewater Treatment Plant 

Influent Pump Station for the period beginning March 1, 2013 and ending February 28, 

2014 with three options to renew for an additional one-year period under Proposal No. 

1304. 

4. Motion No. 024-13 - Authorized an agreement with Blue Sky Biofuels, LLC for the 

acceptance and treatment of non-hazardous biodiesel processing byproduct material by 

the District's Main Wastewater Treatment Plant for a term of one year with five, oneyear 

optional extensions upon mutual agreement. The District will accept and treat this 

material for a range of tip fees from $0.00/gallon to $0.04/gallon based on the day of the 

week of deliveries and other requirements. 

5. Motion No. 025-13 - Authorized contracts with Rhino Rooter, Advanced Trenchless, 

Andes Construction and D'arcy & Harty Construction in the estimated aggregate amount 

not to exceed $4,200,000 to one or a combination of these four vendors for CCTV 

inspection, replacement and pressure testing of private sewer laterals that will meet wet 

weather facility related regulatory requirements for a one-year period beginning February 

27,2013.



Page 3 of 5 

6. Motion No. 026-13 — Authorized annual renewal with the Environmental Systems 

Research Institute to provide software maintenance and support of Geographical 

Information System software in an amount not to exceed $82,000 annually for a one-year 

period beginning March 16, 2013, with options for four one-year extensions. 

7. Motion No. 027-13 -- Authorized final payment to Pacific Gas & Electric Co. (PG&E) in 

an amount not to exceed $579,886 for interconnection of the District's biogas turbine, 

installed under the Power Generation Station Renewable Energy Expansion Project, to the 

PG&E electric grid. 

DETERMINATION AND DISCUSSION 

8. Legislative Update. 

Special Assistant to the General Manager Marlaigne K. Dumaine highlighted the measures 

in Legislative Report No. 01-13 and pointed out that it contains the EBMUD sponsored bill 

AB 408 (Bonta). This bill would provide municipal utility districts the ability to appoint 

unopposed candidates to office in lieu of holding an election. She said that staff is requesting 

a support position and that SMUD will be providing a support letter. 

• Motion by Director Mellon, seconded by Director Mclntosh, to approve the recommended 

positions in Legislative Report No. 01-13, carried (6-0) by voice vote. Director John A. 

Coleman was absent (excused). 

Motion No. 028-13 ~ Received Legislative Report No. 01-13 and approved the positions 

on the following bills: SPONSOR/SUPPORT AB 408 (Bonta) Municipal Utility Districts: 

Elections; SUPPORT SB 181 (Committee on Governance and Finance) - Validations; 

SUPPORT SB 182 (Committee on Governance and Finance) - Validations; SUPPORT 

SB 183 (Committee on Governance and Finance) - Validations; SUPPORT SCA 11 

(Hancock) - Local Government: Special Taxes: Voter Approval; and SUPPORT H.R. 123 

(Holt) - Water Advanced Technologies for Efficient Resource Use Act of 2013. 

Next, Ms. Dumaine reported that Senator Michael Rubio, Chair of the Environmental 

Quality Committee, resigned from office. She noted that he was a champion for California 

Environmental Quality Act reform and his departure leaves a void in this arena. On the 

Federal front, Ms. Dumanine said that the "sequester" is looming and it would mean 

billions of dollars worth of spending cuts for many programs beginning in March. She said 

there are concerns over what it will do to the state and local economy if Congress fails to 

enact an additional deficit-reduction measure. 

In concluding, Ms. Dumaine announced that Sacramento "meet and greet" appointments are 

being scheduled and she expressed appreciation to the Board for their prompt responses.



Page 4 of 5 

9. General Manager's Report. 

Director of Operations and Maintenance Michael J. Wallis presented a status update on the 

progress of the Dingee Pipeline replacement. He reported that since the last update on 

February 13, four additional contracts were awarded and a total of $330,000 has been 

awarded since the emergency declaration. In addition, District staff has spent approximately 

710 hours to-date to design and repair the main. Mr. Wallis highlighted repair activities 

which included excavation on Chabot Road and at Lake Temescal. Once the excavation 

work is completed, inspection of the main will begin to evaluate the condition of the main 

and attempt to identify the location of the leak. 

Mr. Wallis also highlighted construction impacts and pointed out that in order to serve 

customers in the affected pressure zones during this outage water service is being 

maintained through a secondary source. He said that staff is working on a more detailed 

schedule to accomplish the repair as soon as possible, and is investigating alternatives to 

the original plan of inserting an HDPE pipeline inside the existing pipeline to compress 

the schedule. He reported that the project will be completed in stages and that the critical 

portion of the replacement project should be completed by spring 2014 and the remaining 

pipeline replacement completed by 2015. The Board raised no questions. 

Operations and Maintenance Department Manager Eileen M. White presented an update on 

local and statewide water supplies, the water supply forecasts, precipitation and snow reports, 

and reservoir storage. She said that rainfall for the past month has been less than 1 inch. 

However, water production has increased as a result of increased temperatures and no rainfall. 

Despite lack of rain, reservoirs are in good shape. Ms. White said that water supply runoff is 

forecasted to be approximately 420,000 acre feet which would leave EBMUD's water supply 

in good condition. 

REPORTS AND DIRECTOR COMMENTS 

10. Committee Reports. 

No committee reports were filed. 

11. Director Comments. 

- Director Coleman reported attending/participating in the following events: Mayors' Economic 

Forecast meeting and ACWA Region 5 board meeting on February 14 in San Francisco; Contra 

Costa Council Board meeting on February 15 in Walnut Creek; meeting with constituent Steve 

Hobbs on February 19 in Lafayette; ACWA Executive Committee teleconference meeting on 

February 19; ACWA California H20 Task Force meeting on February 21 in Sacramento; and 

CASA and ACWA conferences, along with meetings with members of Congress on water 

issues, February 25-28 in Washington, D.C. He reported on plans to attend/participate in the 

following upcoming events: ACWA Executive Committee conference call on March 4 in 

Oakland and an ACWA 2013 Legislative Symposium on March 5 in Sacramento.



Page 5 of 5 

- Director Foulkes reported attending ACWA Region 5 meeting and a tour of San Francisco 

Public Utilities Commission on February 14 in San Francisco; meeting with San Joaquin Board 

of Supervisors on February 15 in Stockton; and a meeting with Moraga City Councilmember 

Ken Chew on February 20. 

- Director Linney had no comment. 

- Director Mclntosh had no comment. 

- Director Mellon reported attending a meeting with an Alameda County Supervisor to review 

EBMUD's current issues regarding Chabot Dam, fiscal year budget, and water supply. 

- Director Patterson reported attending an event at Laney College headed by Keith Carson to 

assess the crime and violence in Oakland and the efforts that community leaders are putting 

forth to bring about change in Oakland. 

President Katz had no comment. 

ADJOURNMENT 

President Katz adjourned the meeting at 1:40 p.m. 

SUBMITTED BY: 

Lynelle M. Lewis, Secretary of the District 

APPROVED: March 12, 2013 

Andy Katz, President of the Board 

W:\Minutes\Minutes 2013\022613_regular_minutes.doc

EBMUD 

z. 

AGENDA NO. 

MEETING DATE March 12.2013 

TITLE 

WATER METERS 

m MOTION . • RESOLUTION • ORDINANCE 

RECOMMENDED ACTION 

Award a contract to the lowest responsible/responsive bidder, Badger Meter, Inc., in the estimated annual 

amount of $1,771,433.45 for supplying various sized water meters to be installed throughout the District, 

for the period beginning April 1, 2013 and ending March 31, 2014 with four options to renew for 

additional one-year periods for a total cost of $8,857,167.24 under Proposal No. 1308. 

SUMMARY 

The water meters required under this contract will be used in the District's water distribution system for 

replacements and new installations. The District is not committed to purchase any specific number of 

meters under this contract. Purchases will be made to meet actual District needs and may exceed estimated 

quantities. Estimated quantities are based on historical data and departmental input. A total of 56,468 

water meters ranging in size from 5/8"x/34" to 2" and a total of 56 compound meters ranging in size from 

3" to 6" were purchased under the last proposal covering the period 4/14/08 to present for $2.9 million. 

This meter contract specifically requires no-lead meter components in compliance with California State 

Proposition 65. 

SERVICE PROVIDER/CONSULTANT/VENDOR SELECTION 

Requests for proposals were sent to 83 potential proposers. 

CONTRACT EQUITY PROGRAM EFFORTS 

The completed P-035 and P-061 forms are attached. 

FISCAL IMPACT 

Funds are available for this purchase in the FY13/14 budget. 

Funds Available: FY 13/14 

Budget Code:363/Var/Var 

DEPARTMENT SUBMITTING 

Finance 

DEPARTMENT MANAGER or DIRECTOR 

Eric L. Sandier 

APPROVED 

Ldwl 

Contact the Office of the District Secretary with questions about completing or submitting this form. 

BDl MS 1004

Water Meters 

March 12, 2013 

Page 2 

ALTERNATIVES 

Conduct competitive bids on the open market for each replenishment order. This approach is not 

recommended as many of the individual replenishment orders meet or exceed the dollar threshold for 

MUD Act advertisement, bid and award requirements. Completing a competitive bid process for each 

independent order would increase the District's administrative cost while decreasing the District's ability 

to recognize the "economies of scale" found in bidding for a higher volume of products. 

Reject all bids for a multi-year contract and re-bid for a single year contracting strategy. This is not 

recommended due to the increased administrative costs associated with the additional bid activities that 

will be incurred by both the buyer and seller over the potential 5 year life of this agreement. 

Attachments 

I:SEC\03-12-13 Board Agenda Items\FIN - BD1 Water Meters 031213.doc

•s 

CONTRACT EQUITY PROGRAM SUMMARY (P-035) 

This summary contains information on the contractor's workforce and contract equity participation. (Completed by District) 

CONTRACTOR: 

PROPOSAL NO.: 1308 

Purchase of Water Meters - One-Year Contract with 4 One-Year Renewal 

Options 


Badger Meter, Inc. 

Milwaukee, Wl 

Availability Group 

Contracting Objectives 

Participation 

FIRM'S OWNERSHIP White Men 25% 

BID/PROPOSER'S 

0.0% 

PRICE: Ethnicity 

Gender White Women 

2% 0.0% 

$1,625,168/year Publicly Held Corp. Ethnic Minorities 

25% 0.0% 

COMPANY NAME 

ESTIMATED 

AMOUNT 

ETHNICITY 

GENDER 

W 

White- 

Men 

White- 

Women 

CONTRACTING PARTICIPATION 

Ethnic 

Minorities 

Unclassified 

Publicly 

Held Corp. 

Gov't/Non 

Profit 

Foreign 

PRIME: 


$1,625,168 

Publicly Held 

Corp. 

100.0% 

SUBS: 

None 

TOTAL $1,625,168 0.0% 0.0% 0.0% 0.0% 100.0% 

0.0% 0.0% 

White Men 

White Women 

Ethnic Minorities 

Total Employees 

No. of Employees: 274 130 

105 

Percent of Total Employees: 53.8% 

25.5% 20.6% 

509 

MSA Labor Market %: 

39.0% 33.7% 

27.2% 

MSA Labor Market Location: 

V^^J^rr î&^Ji.Û^.^JM 

Contract Equity Participation - Zero Contract Equity participation since firm is a publicly held corporation and no subcontract 

opportunities exist. 

USA 

Workforce Profile & Statement of Nondiscrimination 

Submitted 

NA 

Good Faith Outreach Efforts 

Requirement Satisfied 

NA 

AW" 

Jmaxd Approval 

C Recommended 

(P-035-7/11) 

e: 1 of 1 

File: Proposal - 3129.xls

EBMUD 

AFFIRMATIVE ACTION SUMMARY (P-061) 

(Completed by District) 

This summarizes information provided by the contractors)' P-025 Form regarding their workforce. 

Title: 

Purchase of Water Meters - One-Year 

Contract with 4 One-Year Renewal Options 

Proposal #: 1308 

R=Recmmd 

P=Prime 

S=Sub 

Composition of Ownership 

Company Name, Owner/Contact Person, 

Address, and Phone Number 

DATE: 

2/8/2013 

Ethnic Minority Percentages From U.S. Census Data 

B 

H 

A/PI AI/AN 

National 

9 Bay Area Counties 

Alameda/CC Counties 

10.5 

5.5 

10.7 

10.7 

16.2 

15.6 

3.7 

14.2 

15.4 

0.7 

0.4 

0.5 

Number of Ethnic Minority Employees 

B 

H A/PI AI/AN TOTAL PERCENT 

TOTAL 

27.3 

39.9 

46.2 

MSA % 

RP 


Richard E. Johnson 

4545 W. Brown Deer Rd. 

Milwaukee, Wl 53223 

414-355-0400 

P 

Publicly Held Corporation 

Publicly Held Corporation 

HD Supply Waterworks, LTD 

Jim Knight 

34151 Zwissig Way 

Union City, CA 94587 

510-404-0134 

Company Wide 

Manager/Prof 

Technical/Sales 

Clerical/Skilled 

Semi/Unskilled 

Bay Area 

AA Plan on File: 

Co. Wide MSA: 

Company Wide 

Manager/Prof 





Co. Wide MSA: 

Company Wide 

Manager/Prof 





Co. Wide MSA: 

Company Wide 

Manager/Prof 





Co. Wide MSA: 

Company Wide 

Manager/Prof 





Co. Wide MSA: 

Company Wide 

Manager/Prof 





Co. Wide MSA: 

NA 

USA 

51 

8 

3 

1 

39 ' 

- 

2 

- 

2 

- 

- 

- 

43 

12 

2 

5 

24 

72 

10 

11 

18 

33 

9 Bay Area Counties 

6 

1 

1 

2 

2 

- 

Date of last contract with District: 

5 

1 

- 

3 

1 

105 

22 

6 

11 

66 

# Employees-Co. Wide: 509 

I I I 

I 

I 

# Employees-Co. Wide: 

4 

1 

3 

- 

- 

- 

- 



I 



78 

11 

16 

18 

33 

- 

172 

20.6% 

9.9% 

8.8% 

18.3% 

41.8% 

NA 

12/11/2012 

WM=White Male. WW=WMte Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic. A/PNAsian/Pacific Islander, and AI/AN=American Indian/Alaskan Native) 

Bay Area: 


45.3% 

25.6% 

30.8% 

64.3% 

67.3% 

NA 





27.2% 

39.9% 

0 

39.9% 

13.4% 

39.9% 

NA 

39.9% 

39.9% 

39.9% 

(P-061 -7/11) 

Page: 1 of 1 

File: Proposal - 3129.xls

EBMUD 

TITLE 

4 

AGENDA NO. 

MEETING DATE March 12.2013 

REAFFIRM THE DISTRICT'S EQUAL EMPLOYMENT OPPORTUNITY POLICIES 

AND ADOPT THE 2013 AFFIRMATIVE ACTION PLAN 

EMOTION • RESOLUTION • ORDINANCE 


(1) Reaffirm the District's Equal Employment Opportunity Policy 1.01 and Prevention of Sexual 

Harassment in the Workplace Policy 1.07, and (2) Adopt the 2013 Affirmative Action Plan and Goals. 

SUMMARY 

EBMUD is an equal employment opportunity employer. As a recipient of federal funds, the District is 

required by federal regulations to update and adopt an affirmative action plan on an annual basis with 

placement goals and action-oriented plans to address any underutilization of minority and female 

employees as compared to their availability in the labor market. The Board's adoption of the 2013 AA 

Plan and Affirmative Action Goals complies with these regulations. 

The 2013 AA Plan will be presented to the Legislative & Human Resources Committee on March 12, 

2013. 

DISCUSSION 

EBMUD is proud to be a leader in taking legal, proactive steps in support of a diverse workforce and in 

removing all artificial barriers in the workplace to equal employment opportunity. As a recipient of federal 

funds, EBMUD is mandated by federal law to have an affirmative action plan and program that complies 

with Executive Order 11246. Pursuant to these requirements, EBMUD is required to establish placement 

goals on an annual basis for job groups whenever the percentage of minorities and women employed in 

that job group is less than would be reasonably expected, given their availability in the labor market. 

EBMUD is also required to make good faith, effective efforts toward reaching those goals, to advise top 

management of program effectiveness, and to submit recommendations to improve unsatisfactory 

performance. 

Funds Available FY: 

Budget Code: 


DEPARTMENT MANAGER or DIRECTOR 

APPROVED 

t 

Administration 

Carol Nishita 

Ggj/eral Manager 

Contact the Office of the District Secretary regarding questions about completing or submitting this form.

Adopt the 2013 Affirmative Action Plan and Goals 

March 12, 2013 

Page 2 

The 2013 AA Plan complies with these requirements and provides useful information on the effectiveness 

of EBMUD's good faith efforts towards removing impediments to equal employment opportunity during 

the past year. 

Over the last three years, during the hiring freeze, the District has made little progress in achieving a 

workforce representative of the available labor force. In general, this is due to the District's efforts to get 

"boots on the ground" in maintenance and operations jobs. It has been challenging to recruit qualified 

diverse candidates for journey-level jobs such as Maintenance Specialist, Truck Driver II, Machinist, 

Electrical Technician, and Water Treatment Operator. Prior to the hiring freeze, these hires were balanced 

with administrative and professional job hires for which there are more qualified diverse candidates. 

The significant workforce underutilization rates for 2013 have either stayed the same, or increased from 

the 2012 rates for almost all AA groups. This is because most 2012 hires were not AA goal achieving. The 

District's 2012 Affirmative Action Goal achievement rate was 18%. The District's AA Goal achievement 

rates for the last three years have been much lower than the average rate (30%) achieved in the last twelve 

years. Since recruitment of qualified and diverse candidates is an essential strategy to reduce 

underrepresentation and to make progress towards workforce parity, the 2013 AA Plan outlines actions 

the District can take to generate a qualified diverse pool of candidates for future hires. 

The 2013 Action Plan focuses on workforce areas where the District anticipates filling positions key to 

operations, maintenance, infrastructure, and customer services. The District's community partnership 

efforts will focus on developing qualified diverse candidates for trainee and entry-level job opportunities 

such as Plumber I, Machining & Maintenance Worker II, and Wastewater Plant Operator Trainee. The 

District has workforce underutilization in all of these jobs. 

This Plan also identifies specific good faith actions that the District will implement in 2013 including 

outreach to local veteran organizations, pre-apprenticeship programs, and local high schools and colleges. 

The District will also partner with local colleges to provide internships to increase the employment 

readiness of potential job candidates. 

FISCAL IMPACT 

The costs for implementing the 2013 Affirmative Action Plan are included in the FY13 District budget. 

ALTERNATIVE 

Do not adopt the 2013 Affirmative Action Plan. This is not recommended because it would not be 

consistent with federal regulations. 

Attachment: 2013 Affirmative Action Plan

2013 

Affirmative Action Plan 

East Bay Municipal Utility District

2013 Affirmative Action Plan 


John A. Coleman 

Katy Foulkes 

Andy Katz 

Doug Linney 

Lesa R. McIntosh 

Frank Mellon 

William B. Patterson 

Adopted by the Board of Directors 

March 2013 

Alexander R. Coate, General Manager 

East Bay Municipal Utility District 

375 11th Street 

Oakland, CA 94607 

This 2013 AA Plan was prepared by the EBMUD Affirmative Action Office: 

Elaine Lew-Smith, Affirmative Action Officer 

Katherine Tate, Senior Human Resources Analyst 

Ana Gosney, Senior Administrative Clerk

Table of Contents 

RECOMMENDATION FOR 2013 ........................................................................................... 3 

Adopt the 2013 Affirmative Action Plan and Placement Goals. ........................................ 3 

DISCUSSION OF RECOMMENDATION ............................................................................. 4 

Adopt the 2013 Affirmative Action Plan and Placement Goals. ........................................ 4 

Workforce Underutilization ................................................................................................ 5 

2013 AA/EEO Action Plan to Address Workforce Underutilization ................................. 8 

Section 1 - Introduction ........................................................................................................... 19 

Section 2 - EEO Policy 1.01 ..................................................................................................... 23 

Section 3 – Affirmative Action Requirements ....................................................................... 27 

Executive Order 11246 ..................................................................................................... 27 

OFCCP Requirements for Affirmative Action ................................................................. 27 

Other Applicable Affirmative Action Laws and Regulations ........................................... 28 

Section 4 – Roles and Responsibilities of District Employees and Board of Directors ...... 31 

Roles and Responsibilities ................................................................................................ 31 

Section 5 - Evaluation of Workforce Changes and 2012 Goal Achievement ...................... 37 

Introduction ....................................................................................................................... 37 

Evaluation of 2012 Changes in District Workforce Underutilization ............................... 37 

Evaluation of 2012 Goals Achievement............................................................................ 41 

Monitoring Veteran Representation in District Workforce............................................... 43 

District Affirmative Action 2012 Placement Goal Monitoring Report............................. 46 

Section 6 – 2013 AA Goals and Action Plan .......................................................................... 49 

2013 District Action Plan .................................................................................................. 51 

Section 7 - Dissemination of the Affirmative Action Plan .................................................... 55 

Effective Implementation .................................................................................................. 55 

Section 8 - Prevention of Sexual Harassment in the Workplace Policy1.07 ....................... 59 

Section 9 - Procedure 105 Equal Employment Opportunity (EEO) Discrimination or 

Harassment Complaints ................................................................................................. 63 

Section 10 - Affirmative Action Plan for Persons with Disabilities ..................................... 73 

Section 11 - Affirmative Action Plan for Special Disabled Veterans and Other Protected 

Veterans ........................................................................................................................... 77 

Affirmative Action & Equal Employment Opportunity 

1

APPENDIX ............................................................................................................................... 81 

Glossary of Commonly Used Terms in Affirmative Action ............................................. 81 

Job Group Listings ............................................................................................................ 85 

Alphabetical Listing of Classifications with Corresponding Job Groups ......................... 91 

Goal Setting Methodology & Workforce Analysis Data .................................................. 99 


2

RECOMMENDATION FOR 2013 

Adopt the 2013 Affirmative Action Plan and Placement Goals. 

As a recipient of federal funds, EBMUD is mandated by federal law to have an 

affirmative action plan and program that complies with Executive Order 11246. Pursuant 

to these requirements, EBMUD is required to establish placement goals for job groups 

whenever the percentage of minorities and women employed in that job group is less than 

would be reasonably expected, given their availability in the labor market. 

The Office of Federal Contract Compliance Programs (OFCCP) regulations also require 

the District to take lawful affirmative action to achieve a workforce reflective of the 

external labor market, in compliance with federal laws and regulations. To meet this 

objective, the District develops and executes action-oriented programs that are designed 

to ensure equal employment opportunity in the workplace. 


3

DISCUSSION OF RECOMMENDATION 

Adopt the 2013 Affirmative Action Plan and Placement Goals. 

The District’s Affirmative Action Placement Goals provide milestones to measure the 

District’s progress in achieving a workforce that is reflective of the available labor force. 

Over time, the federal Office of Contract Compliance Programs expects federal 

contractors’ workforce to be at parity with the representation of the available labor 

market. The AA Goals represent the annual placement rate (hiring rate) expected for each 

AA Group by Job Group based on their availability in the relevant labor pool. The AA 

goals for 2013 are shown in Table A. New goals for three job groups where 

representation fell 1 – 2% below parity are shown in bold font. Other workforce changes 

are discussed in detail in Section 5 of this plan. 

Table A: 2013 AA Placement Goals 

Female 

African 

American Asian Hispanic 

Job Group 

Goal Goal Goal Goal 

Directors/Managers 34% 20% 

Programmers 6% 

Analysts 68% 17% 9% 

Other Professionals 7% 

Science Professionals 47% 4% 

Administrative Assistants 12% 

General Clerical 89% 13% 

Customer Service 57% 18% 

Technicians 43% 30% 

Plant Operators 13% 11% 14% 

Plant Operators Lead/Supervisors 21% 13% 20% 

Lab & Quality Control Technicians 59% 10% 30% 

Rangers 24% 35% 

Engineers 

Supervising Engineers 21% 7% 

Engineering Technicians 18% 6% 12% 

Pipeline Maintenance 3% 9% 32% 

Heavy Equipment/Truck Operators 15% 10% 31% 

Pipeline Maintenance Lead 

Supervisors 5% 7% 

Electrical/Structural Maintenance 17% 6% 15% 18% 

Mechanical Maintenance 6% 7% 13% 20% 

Service Maintenance 27% 36% 


4

Workforce Underutilization 

Table B indicates areas of significant workforce underutilization in 2013. Females have 

significant underutilization ranging from 5% - 19% in eight job groups. Hispanics have 

workforce underutilization ranging from 7% - 33% in six job groups. Significant 

underutilization ranges from 5% - 14% for Asians in four job groups, and African 

Americans are significantly underutilized (5% - 21%) in three job groups. 

During the last year, the District lost ground in achieving a workforce representative of 

the available labor force. The 2013 significant workforce underutilization rates have 

either stayed the same, or increased (bold font shaded in grey) from the 2012 rates for 

almost all AA groups. This is because most 2012 hires were not AA goal achieving. The 

District’s Affirmative Action Goal achievement rate was 18%. This rate is the second 

lowest rate achieved in the last twelve years. There was a slight decrease in the 

underutilization rates for females in the Technicians and Supervisory Engineers job 

groups, and for Hispanics in the Service Maintenance job group (white font in black). 

More information about 2012 hires is provided on pages 42 – 43 of this plan. 

Table B: 2013 Changes in Significant (5% or Greater) Workforce Underutilization 

Job Group 

Female 

African 

American 

Asian 

Hispanic 

2012 2013 2012 2013 2012 2013 2012 2013 

Analysts (3%) 6% 

Science Professionals (4%) 5% 

Customer Services 8% 10% 5% 5% 

Technicians 21% 19% 14% 14% 

Plant Operators Lead/ 

Supervisory 

Lab & Quality Control 

Technicians 

5% 6% 9% 9% 

15% 18% 

Rangers 21% 21% 30% 33% 

Supervising Engineers 8% 6% 

Engineering Technicians (3%) 5% 6% 7% 

Pipeline Maintenance 6% 7% 

Heavy Equip/Truck Operators 9% 9% 13% 15% 

Electrical/Structural Maintenance 11% 13% 10% 10% 

Mechanical Maintenance 5% 5% 

Service Maintenance 15% 14% 

The District made some progress where underutilization rates were below 5%. Four areas 

of minor workforce underutilization (1-3%) were eliminated during 2012. The District 

achieved parity for African American representation in the Programmer job group, Asian 

representation in the Supervising Engineer job group and Hispanic representation in the 

Director/Manager and Pipeline Maintenance Lead/Supervisors job groups. Parity is 

achieved when the District’s workforce representation of women and minorities matches 

the representation of these groups availability in the relevant labor market. 


5

A. Key Areas to Address Workforce Underutilization 

For the next few years the District has prioritized hiring in three areas: Operations & 

Maintenance, Infrastructure and Customer Services. Multiple hiring opportunities are 

anticipated for the following jobs during 2013: 

Electrical Technician and Instrument Technician 

Maintenance Machinist and Plant Maintenance Mechanic 

Water Distribution Plumber I 

Wastewater Operator Trainee 

Efforts to Address Electrical and Mechanical Workforce Underutilization 

Table C shows changes in Electrical and Mechanical workforce underutilization over the 

last six years. For all AA groups underutilization is increasing or remains the same. With 

retirements and a growing need for infrastructure maintenance, the District will have 

continuing employment opportunities in these areas. 

Job 

Group 

Table C: Rate of Underutilization for Electrical and Mechanical Job Groups AAY 08 – 13 

(Increased underutilization or no decrease in underutilization in bold.) 

Females African Americans Asians Hispanics 

08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

Electrical 7% 6% 9% 10% 11% 13% 1% N/A N/A N/A 1% 3% 7% 6% 8% 8% 10% 10% 6% 4% N/A N/A 4% 3% 

Mechanical 4% 5% 4% 4% 4% 4% 5% 5% 5% 5% 5% 5% 4% 10% 3% 2% 2% 3% 7% 4% 4% 3% N/A 2% 

Between January 2005 and December 2012, the District made forty-four regular, fulltime 

journey-level skilled trades hires (Electrical Technicians, Instrument Technicians, 

Maintenance Machinists, and Plant Maintenance Mechanics). Table D shows the gender 

and race profiles for these forty-four hires; seven of the forty-four hires were made in 

2012. 

Table D: Journey-Level Trades Hires 2005 – 2012 

Gender 

Race/Ethnicity 

Males: 44 (100%) White: 39 (89%) 

Females: 0 (0%) African American: 1 (2%) 

Hispanic: 4 (9%) 

Hiring at the trainee level facilitates recruitment of qualified diverse candidates. 

Recruitment at the trainee level provides a broader candidate pool because there are more 

qualified diverse candidates entering the skilled trades workforce versus the diminishing 

pool of journey-level candidates who are primarily from the Baby Boomer generation. 

Since 2006, the District has not hired at the trainee level for Electrical, Instrument, 

Machinist, or Plant Mechanic jobs. Two Machinist trainee hires are scheduled for FY14. 

Additional plans to address skilled trades workforce underutilization are described in the 

2013 Action Plan, pages 9-10. 


6

Job 

Group 

Pipeline 

Maintenance 

Efforts to Address Plumber Workforce Underutilization 

Table E shows changes in Plumber workforce underutilization over the last six years. 

Underutilization of Asians and Hispanics increased, while the underrepresentation of 

females decreased due to one female Plumber hire. 

Table E: Rate of Underutilization for Pipeline Maintenance Job Group AAY 08 – 13 



08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

2% 2% 1% 2% 2% 1% N/A N/A N/A N/A N/A N/A 5% 2% 3% 3% 3% 4% 5% 6% 9% 8% 6% 7% 

The trainee plumber classification is Water Distribution Plumber I (WDPI). Brief 

recruitments for the 2010 and 2012 WDPI exams were conducted and over one thousand 

applications were accepted for each exam. Female applicants were 5-6%, Asian 

applicants were 6-7% and Hispanic applicants were 22% of total applicants. Although 

female applicant representation exceeded availability (3%), only one female was certified 

for employment for each exam. Asian applicant representation was less than availability 

(9%). Asians were 10% of total hires for both exams but this hiring rate did not reduce 

Asian underutilization in the Plumber workforce. Hispanic applicant representation 

(22%) was less than availability (32%) and Hispanics were 20% of the hires from the 

2010 exam and 15% of the hires from the 2012 exam. More efforts to reach qualified 

female, Asian and Hispanic candidates will be undertaken in the future. Extensive 

recruitment for the 2013 WDPI exam is planned, and outreach efforts are described in the 

2013 Action Plan pages 8-9. 

Efforts to Address Operator Workforce Underutilization 

Table F shows changes in Operator workforce underutilization over the last six years. 

Underutilization of females and African Americans in Plant Operator jobs has remained 

the same for 3 years. Hispanic representation fell below parity for the first time in six 

years. While most vacancies due to retirements have been filled, the hiring of females, 

Hispanics and African Americans has been below availability rates for several years. 

During 2012, only journey or senior level operator hires were made and none were goal 

achieving. More information is provided on pages 40, 42-43. 

Job 

Group 

Table F: Rate of Underutilization for Operator Job Group AAY 08 – 13 



08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

Operators 2% 1% 4% 4% 4% 4% N/A 3% 3% 3% 3% 3% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1% 

Several years ago the District joined other Bay area water and wastewater utilities in an 

effort to increase the local candidate pool for operator trainee jobs. These utilities 

contracted with Solano College to design a wastewater and water treatment training 

program. Sponsoring utilities provide internships for students enrolled in this program 


7

and encourage them to take state exams to obtain mandatory certifications for operator 

jobs. In addition, Tri-Valley Regional Occupation Program (TVROP) and Los Medanos 

College offer wastewater treatment and processing operator training. Applicant data from 

the 2012 Wastewater Plant Operator Trainee exam included questions to identify 

applicants who had taken wastewater or water treatment training. Staff is currently 

analyzing this data to determine if this training was a factor in candidate success. 

Prior to the 2012 Wastewater Plant Operator Trainee exam, staff conducted outreach 

which included Solano and Los Medanos colleges and TVROP, and with assistance from 

Local 444, presented information sessions at the District’s administration building. Over 

1600 applications were accepted. African American applicants were 42% of total 

accepted applicants, and this applicant rate far exceeded labor market availability (11%). 

Female applicants were 14% of the total accepted applicants and this applicant rate 

slightly exceeded labor market availability (13%). Hispanics were 15% of the total 

applicants and this slightly exceeded availability (14%). 

The most competitive candidates from the 2012 WWPOT exam were more diverse than 

previous exam administrations. There are three females, two Hispanics and one African 

American in the top ten ranks of the WWPOT hiring list. Three hires have been made as 

of March, and one of these hires was an Asian female. 

2013 AA/EEO Action Plan to Address Workforce Underutilization 

This Action Plan identifies workforce areas for which recruitment and staff development 

strategies have been developed to reduce areas of workforce underutilization. Reducing 

workforce underutilization is one means of measuring the District’s progress towards 

achieving the goal of equal employment opportunity. 

EBMUD’s 2013 Action Plan is focused on the following long-term outreach efforts to 

decrease the skills gap and increase the pool of qualified candidates living in the 

District’s service area for the job groups cited in the section above. 

A. Plumber Candidate Development 

The District anticipates hiring 20 Water Distribution Plumber trainees per year through 

2018. These Plumber hires provide the greatest number of entry-level employment 

opportunities out of all District projected hires. The District typically receives 1,000 – 

2,000 applications for the Plumber I examination because the minimum qualifications 

require no work experience and an eighth grade education. However, staff has prioritized 

outreach efforts for these jobs because there is underutilization of females, Asians and 

Hispanics. 

To encourage residents in our service area to consider employment with EBMUD, the 

District partnered with Laney Community College in Oakland to provide nine-week 

Plumber Training Programs (Waterways) in 2010 and 2012 to prepare students for 


8

plumbing careers in the water industry. However, only one Waterways graduate 

successfully competed for Plumber I employment. 

After evaluating the performance of the graduates from the two Waterways programs, 

staff determined that more in-depth training including relevant hands-on work experience 

would increase the students’ job preparedness. Staff are currently partnering with Diablo 

Valley College to provide students in the 18 week Pre-Apprenticeship training program 

information about EBMUD employment opportunities and the civil service testing 

process. Graduates from this training program will be considered for Plumber internships 

during summer 2013, and encouraged to apply for the Plumber I exam scheduled for July 

2013. 

Graduates from Pacific Gas & Electric’s (PG&E) “Introduction to Energy and Utility 

Careers for Women” training program will also be considered for the Plumber 

internships. EBMUD assisted PG&E with recruitment of candidates for this women only 

training program, and will provide guest speakers during the ten week training to inform 

the participants about the District’s civil service testing process. 

The District is also reaching out to veterans by attending an Employers Breakfast to 

inform graduates of the American River College pre-apprenticeship training program 

about the upcoming Plumber I exam. This training program is sponsored by PG&E, 

SMUD, and the Sacramento Transportation Regional Infrastructure Partnership in 

Education (STRIPE), and was designed to serve veterans wanting to enter the utility and 

industrial workforce. 

Additional outreach efforts for the Plumber I exam includes: 

Participation at the National Trades Women conference in May. 

Presentations at local community colleges and pre-apprenticeship training 

programs 

Exploring the feasibility of posting the Plumber I exam study materials and 

orientation video on the EBMUD website. 

Demonstration Job Fair at the District’s Plumber Training Academy in May. 

B. Skilled Trades and Operator Candidate Development 

EBMUD’s partnerships with local colleges have helped the colleges to focus on skills 

development relevant for utility jobs; offered students experience they need to better 

compete for those jobs; and provided utilities with a larger, diverse and skilled candidate 

pool for skilled trades and operator jobs. 

Below are examples of work with local colleges that illustrate the District’s extensive 

partnership efforts to develop qualified diverse skilled trades and operator job candidates. 

Provide Internships to Increase Qualified Diverse Trainee Candidate Pool 

The District has targeted key skilled trades and operator trainee jobs for hires in FY14/15 

as part of its workforce development strategy and to increase workforce diversity. 


9

To increase the qualified diverse candidate pool for planned machine and plant mechanic 

maintenance trainee hires, EBMUD partnered with Laney College during the 2012 fall 

semester to provide fifteen week internships for five students who had earned a one year 

Industrial Maintenance program certificate. These interns gained hands-on skills and 

learned about the work of District Plant Mechanics and Machinists. The trainee exam is 

expected to be completed before training program students graduate in May 2013. 

Trainee hires are planned for early FY14. 

To increase the qualified diverse candidate pool for planned Plumber I hires, staff are 

working to provide summer 2013 Plumber internships for graduates of Diablo Valley 

College’s Pre-Apprenticeship program and graduates from the PG&E “Introduction to 

Energy & Utility Careers for Women” training program. 

To increase the qualified candidate pool for plant operators, EBMUD partners with Tri- 

Valley Regional Occupation Program (ROP) and Solano College to provide Plant 

Operator Internships. Wastewater and Operations staff provide four Operator internships 

to help students gain in-plant work experience required by the state of California to earn 

mandatory water and wastewater treatment certification. 

Bring the Class Room to the Workplace 

Three EBMUD Machinists volunteered to take the National Institute for Metalworking 

Skills (NIMS) Measurement, Materials and Safety test in January to help the Laney 

College Machine Technology department implement a NIMS certification program. Staff 

gained more insight into the skills level required of Laney Machine Technology students, 

and helped Laney College gain NIMS certification. This certification provides 

prospective employers assurance that Laney College students have been trained to meet 

exacting national metalworking standards. 

Staff will present a workshop, “An Employer’s Perspective: Partnering with Colleges to 

Increase Local, Qualified Diverse Job Candidates” at the California Internship & Work 

Experience Association 39 th Annual Professional Development Conference in April. The 

workshop will be attended by educators from two and four year colleges seeking best 

practices to partner with employers. 

The District continues to provide tours of EBMUD plants to local College and High 

School instructors and students to increase understanding of District skilled trades 

careers. 

Staff continues to work with the Bay Area Community College Consortium (BACCC) 

and other employers from the refinery, beverage, pharmaceutical, and water/wastewater 

industries to develop strategies for increasing the qualified diverse Industrial 

Maintenance Machinist and Mechanic (IMMM) candidate pool. EBMUD, Shell and 

USS-POSCO offer IMMM internships, and are sharing their best practices and lessons 

learned so other employers can develop similar intern programs. 


10

C. Develop District Employees 

All District employees are encouraged to take a wide range of training classes and to 

utilize the District’s Tuition Refund Program to help them improve work performance 

and productivity. Also during 2013, District employees from Wastewater, Customer 

Services, Natural Resources and Operations & Maintenance departments will have an 

opportunity to be considered for an upcoming LEAD Academy to develop and enhance 

skills in preparation for supervisory job opportunities. The participants will complete a 

variety of District training and classes offered by local colleges, and participate in round 

table discussion sessions with District supervisors who will share their experiences. 

D. Partner with Educational and Professional Organizations 

Support MESA and MEP 

The Mathematics, Engineering, Science Achievement (MESA) program was founded in 

the 1970’s by UC Berkeley students concerned about low minority college student 

enrollment. MESA and Minority Engineering Program (MEP) programs have gained 

national acclaim, and the California MESA model for educational achievement in 

Science Technology Engineering and Math (STEM) has been replicated in over a dozen 

states. EBMUD engineers have volunteered to mentor and tutor MESA students, and 

have served as judges for MESA engineering contests at high schools and colleges. Staff 

continues to inform MESA and MEP coordinators when the District has Engineering 

internship opportunities. 

Continue District Intern Programs 

Since its inception in 1991, the Career Intern Program (CIP) has facilitated the District’s 

efforts to diversify its engineering workforce. There are two remaining participants in this 

program. One UC Berkeley graduate will complete his CIP appointment as LT Assistant 

Engineer with the Design Division in the Mechanical Engineering section the end of June 

2013. A college Career Intern is completing his senior year at UC Davis in June 2013. No 

new CIP interns have been hired for this program since 2007 due to the District’s hiring 

freeze. 

The District has several other intern programs to cultivate candidates for human 

resources, legislative affairs, information systems, and engineering jobs. Since the hiring 

freeze only two student interns have been hired to support engineering infrastructure 

work. 

Provide Internships Sponsored by Partners 

The American Chemical Society (ACS) sponsors and funds Project SEED internships for 

high school students. The District’s Wastewater Laboratory has been a partner in this 

effort for over ten years to provide low income students opportunities to learn science and 

gain lab work experience. During the nine week 2012 summer program, Lab staff 

provided an Oakland High School student lab assignments and tours of the water and 

wastewater treatment plants to increase her awareness of EBMUD’s mission and District 

“green” job careers. Wastewater Lab staff plan to provide an internship for a Project 

SEED student again during summer 2013. 


11

EBMUD also partnered with the Oakland Unified School District (OUSD) to provide 

summer 2012 internships for four students attending Oakland Technical and Oakland 

High School. These students were mentored by staff from the General Managers Office, 

Human Resources Department, and Engineering and Wastewater Design. 

E. Continue Outreach to Youths and Veterans 

EBMUD is a member of BAYWORK, a consortium of water and wastewater agencies 

developing and implementing collaborative and cost effective workforce strategies. Over 

sixty Bay area water and wastewater agencies have now participated in BAYWORK 

activities including development of a BAYWORK website to increase the awareness of 

high school students about “green” utility jobs, and to increase our visibility as 

“Employers of Choice”. BAYWORK outreach materials identify the qualifications 

required for entry-level operator, skilled trades, and engineering jobs and refer students to 

local training resources such as college programs. 

Staff also continues to outreach to local high school students, trainees from preapprenticeship 

programs, and veterans to encourage them to enroll in local college 

training programs to increase their job skills to become better prepared for EBMUD job 

opportunities. During 2013 staff will make presentations to local colleges, and attend 

high school and college career fairs such as the Education Summit for first generation 

African American, Asian, Latino, Native American and Pacific Islander high school 

students sponsored by the Alameda County Office of Education. 

F. Respond Appropriately to EEO Concerns and Provide Diversity and EEO 

Training 

Table G: 2012 EEO Case Load 

EEO Cases 

Number of Cases 

Informal Consultations 36 (73%) 

Formal Complaints 13 (27%) 

Total Cases 49 

Forty-nine EEO cases were resolved by the AA Office during 2012. This was a 23% 

increase from the forty cases handled in 2011. Similar to last year, the number of formal 

EEO complaints was higher than average. Staff continues to work with the complaint 

parties and management to investigate EEO complaints and take appropriate corrective 

actions. Prompt investigation and resolution of EEO concerns help to improve employee 

morale and productivity, and helps to reduce the District’s exposure to litigation. 


12

EEO and Diversity Training 

Disability Training for District supervisors and managers was discontinued when the 

vendor contract expired in September 2012. Staff is exploring alternative methods for 

providing Disability training to new supervisors and managers. 

The diversity training class “Working Smart: Dealing with Differences” is offered twice a 

year to all employees and supervisors. The training helps participants recognize the many 

dimensions of diversity – personal style, education, cultural experiences, among others – 

and their impact in the workplace. 

The District will continue to provide online refresher training to meet state requirements 

to provide Prevention of Sexual Harassment (PSH) training to all District supervisors and 

managers every two years. The District also provides this training to non-supervisory 

employees every five years. The online training covers all forms of EEO harassment 

including sexual harassment, and is supplemented by AA Office and Human Resource 

staff meetings with work groups to review the training materials and answer questions. 

District Response to New California EEO Requirements 

 

Changes To Pregnancy and Disability Discrimination Regulations 

Revised regulations addressing discrimination based on pregnancy and disability took 

effect on December 30, 2012. Key provisions 1 are shown below: 

Pregnancy Regulations 

o When applicable, California employers must provide a “pregnancy disability 

leave” or PDL independent of job-protected leave under the California Family 

Rights Act (CFRA), or the Family and Medical Leave Act (FMLA). 

Employees “disabled by pregnancy” are entitled to leave, transfer to a less 

strenuous or hazardous position, or other reasonable accommodation. The 

definition of “disabled by pregnancy” now may include a pregnant 

employee’s inability to perform a single essential job function. Examples of 

“disabled by pregnancy” include conditions such as pre-natal or postnatal 

medical care and post-partum depression. 

o The regulations also provide guidance regarding the employer’s obligation to 

provide “reasonable accommodation” to women disabled by pregnancy. The 

obligation to accommodate is independent of leave, unless time off is the 

accommodation. The regulations require employers to engage in an interactive 

process to determine appropriate accommodations. 

1 Jennifer Brown Shaw and William D. Bishop The Daily Recorder 01-08-2013 


13

Disability Regulations 

o The regulations add guidance regarding “essential job functions” to conform 

to legal developments. The elements of a discrimination claim now require the 

employee to establish he or she can perform the job’s essential functions, with 

or without accommodation. 

o The regulations also added detail regarding the “interactive process” 

obligations for both employers and employees. Of note, an employee’s 

exhaustion of CFRA or FMLA medical leave is now considered notice to the 

employer that the employee may need an accommodation. Additionally, the 

regulations specify employees’ obligations to cooperate and facilitate the 

employers’ requests for information from the employee and his or her 

healthcare provider. 

Staff made a presentation about the revised Pregnancy and Disability regulations to the 

District management team in February. Staff also updated District notices that are 

provided to employees who are affected by pregnancy. These notices include more 

information about PDL and reasonable accommodation, and inform employees about 

their rights to take leave, transfer, or otherwise be reasonably accommodated. The notice 

also informs employees about their obligation to give employers reasonable notice of 

their need for leave, transfer, or accommodation. 

Breast-Feeding Regulations 

o The California Fair Employment and Housing Act was amended by AB2386 

(Alle) to prevent breast-feeding discrimination in the workplace. Although the 

California Labor Code already requires employers to provide accommodations for 

women who are breast-feeding, this new law goes a step further by providing 

additional recourse for women who have encountered breast-feeding 

discrimination. 2 The Federal Labor Standards Act requires employers to provide 

nursing mothers private space (in a place other than a bath room) and reasonable 

break time to express breast milk for a period of up to one year after the birth of 

her child. 

A second Nursing room was provided at the EBMUD Administration building to 

accommodate the increasing number of employees returning from pregnancy leave. Staff 

will continue to assess the need to provide Nursing rooms at other District facilities. 

2 Joseph Naddour and Ryan Crosner, Rutan & Tucker 


14

Expansion of Workplace Protection for Religious Dress and Grooming 

Amendments to the California Fair Employment and Housing Act, which took effect 

January 1, 2013, expand the definition of “religious creed” to include religious dress and 

grooming practices as part of an individual’s religious observance or belief. 

“Religious dress practice” will be construed broadly to include “wearing or 

carrying of religious clothing, head or face covering, jewelry, artifacts, and any 

other item that is part of the observance by an individual of his or her religious 

creed”. Religious grooming practice includes all forms of head, facial, and body 

hair that are likewise part of observing an individual’s religious creed. 3 

Employers are required to reasonably accommodate the religious belief or observance of 

an individual, unless the accommodation would place an undue hardship on the conduct 

of business of the employer. Under the amended law, an accommodation that would 

segregate the individual from the public or other employees would be unreasonable. 

3 Lara C. de Leon, Ogletree Deakins October 22, 2012 


15


16

SECTION 1 

INTRODUCTION 


17


18

Section 1 - Introduction 

East Bay Municipal Utility District (EBMUD) is a leader in taking legal, proactive steps in 

support of a diverse workforce and in removing artificial barriers to equal employment 

opportunity in the workplace. EBMUD is firmly committed to the concept and practice of equal 

opportunity and legal affirmative action in all aspects of employment. This commitment is 

reflected in the District’s mission statement, which states that in carrying out the District’s 

mission, “we will promote diversity and equality in personnel matters and contracting.” 

EBMUD created its first Affirmative Action Plan in 1975 and continued to develop and 

implement Affirmative Action Plans consistent with the guidelines set forth by the U.S. Supreme 

Court for voluntary affirmative action plans in United Steelworkers v. Weber (1979) 443 U.S. 

193 and Johnson v. Transportation Agency (1987) 480 U.S. 616. These decisions, and others like 

them, looked at the reasons why Title VII of the Civil Rights Act of 1964 had been enacted – the 

status of minorities in the nation’s economy, racial injustice and sex discrimination, and the need 

to open employment opportunities for minorities and women in traditionally closed occupations 

– and permitted private and public employers to adopt voluntary plans designed to mitigate race 

and gender imbalances in traditionally segregated job categories. 

Through these efforts, EBMUD has made significant progress towards achieving equal 

employment opportunity. Since the adoption of the first AA Plan in 1975, the representation of 

total minorities in the District’s workforce has increased from 24% to 45%. The representation of 

female employees (includes all ethnic groups) has increased from 14% to 27%. In the November 

1996 General Election, Proposition 209 was passed and Section 31 was added to Article I of the 

California Constitution, prohibiting all state and local governmental entities from discriminating 

against, or granting preferential treatment to, any individual or group on the basis of race, sex, 

color, ethnicity, or national origin in the operation of public employment, public education, or 

public contracting, unless such action must be taken to establish or maintain eligibility for 

federal funding. As a recipient of federal funds, EBMUD is required under Executive Order 

11246 to have an affirmative action plan that conforms to federal regulatory requirements. 

Affirmative action required by Executive Order No. 11246 does not violate Prop. 209. 

In summary, this Affirmative Action Plan includes an analysis of personnel data covering the 

period of July 1, 2011 through June 30, 2012, and is designed to fulfill the District’s mission to 

promote diversity and equality in employment in three important ways. First, the Plan ensures 

equal employment opportunity by institutionalizing the District’s fundamental commitment to 

equality in every aspect of its employment process. Second, it identifies continuing 

underutilization in the District’s workforce and sets goals and recommends steps to address the 

underutilization. In essence, the Plan requires the District to take lawful affirmative action 

towards achieving a workforce that would be expected in the absence of discrimination, in 

compliance with federal laws and regulations. Third, EBMUD is fortunate to be located in one of 

the most demographically diverse and dynamic areas of the United States. However, EBMUD 

will face shortages of qualified workers in the future unless it adopts effective and legal 

strategies to recruit, hire and retain a qualified diverse workforce from its labor market. The 

District’s Affirmative Action Plan is one of those strategies by promoting inclusive policies and 

programs that value, support and sustains a diverse workforce. 


19


20

SECTION 2 

AFFIRMATIVE ACTION/EQUAL 

EMPLOYMENT OPPORTUNITY 

POLICY 


21


22

Section 2 - EEO Policy 1.01 

EBMUD Policy 1.01, “Equal Employment Opportunity (EEO)”, which requires the District to 

provide equal employment opportunity for all persons on the basis of job related merit, is 

reaffirmed by the Board of Directors March 12, 2013. 

Policy of Equal Employment Opportunity 

It is the policy of East Bay Municipal Utility District to: 

Provide equal employment opportunity for all persons on the basis of job related merit. 

Ensure fairness in all employment practices, including recruitment, selections, transfers, 

promotions, and training consistent with the merit principles of the District and in order to 

promote the full realization of equal employment opportunity. 

Develop and maintain an Affirmative Action Plan consistent with applicable laws. Use inclusive 

and creative recruitment and placement methods that will enhance District efforts to achieve a 

workforce composition reflective of the labor market in the community served by the District. 

Discrimination 

Prohibit discrimination based on gender including gender identity or expression, race, color, 

religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and 

HIV), medical condition (cancer), genetic information, marital or domestic partnership status, 

sexual orientation; veterans, pregnancy, family or medical leave status, or any other status 

protected by state and federal laws. This applies to every aspect of personnel policies and 

practices in the employment, development, advancement and treatment of employees, including 

the authorization of family and medical care leave, and pregnancy disability leave. 

Harassment 

Prohibit harassment based on the reasons listed above, and take all reasonable steps to prevent 

harassment from occurring. 

Retaliation 

Retaliation against employees alleging discrimination and harassment, or involved as witnesses 

in a discrimination or harassment investigation is prohibited. Employees who oppose and/or 

refuse to participate in illegal discrimination or harassment are also protected against retaliation. 

East Bay Municipal Utility District will reaffirm this EEO policy statement annually and will 

update it to comply with state and federal laws. 


23


24

SECTION 3 

AFFIRMATIVE ACTION REQUIREMENTS 

UNDER EXECUTIVE ORDER 11246 


25


26

Section 3 – Affirmative Action Requirements 

Executive Order 11246 

Soon after Title VII was created by the Civil Rights Act of 1964, President Lyndon 

Johnson signed Executive Order 11246 on September 24, 1965. This order requires 

employers who enter into contracts with the federal government or into subcontracts with 

federal contractors to take affirmative action efforts to hire and promote minorities and 

women. The basic concept of affirmative action soon spread through other areas of 

federal agency procurement or program administration, including grant or funding 

programs that extend these obligations to state and local government projects. The Office 

of Federal Contract Compliance Programs (OFCCP) was created in 1966 to administer 

the executive order. Together with the EEOC, the OFCCP has promulgated regulations, 

establishing the affirmative action requirements with which the District must comply in 

order to maintain its eligibility to receive federal funding. 

OFCCP Requirements for Affirmative Action 

Under the federal regulations, an affirmative action program is a management tool 

designed to ensure equal employment opportunity. A central premise underlying 

affirmative action is that, absent discrimination, over time the District’s workforce, 

generally, will reflect the gender, racial and ethnic profile of the labor pools from which 

the District recruits and selects. Affirmative action programs contain a diagnostic 

component that includes a number of quantitative analyses designed to evaluate the 

composition of the workforce of the District and compare it to the composition of its 

relevant labor pools. Affirmative action programs also include action-oriented programs, 

under the federal regulations. If women and minorities are not being employed at a rate to 

be expected given their availability in the relevant labor pool, the OFCCP requires the 

District’s affirmative action plan to include specific practical steps designed to address 

this underutilization. 

Most importantly, the OFCCP regulations require the District to estimate the number of 

qualified minorities or women available for employment in a given job group as a 

benchmark against which the demographic composition of the District’s workforce can 

be compared. When the percentage of minorities or women employed in a particular job 

group is less than would be reasonably expected given their availability percentage in that 

particular group, the federal regulations require the District to establish a placement goal 

for that particular job group, and to make good faith efforts toward reaching that goal. 

The OFCCP regulations also require the District to advise top management of program 

effectiveness and submit recommendations to improve unsatisfactory performance. As 

stated earlier, the District’s affirmative action efforts in the past have made great strides 

towards achieving equal employment opportunity. However, EBMUD has many 

opportunities to improve, as this Plan reflects, and there are a number of good faith 

efforts that the District can take to remove barriers when they are identified, 

communicate employment opportunities, and produce measurable results to realize the 

goals and objectives established through this Plan. 


27

Other Applicable Affirmative Action Laws and Regulations 

East Bay Municipal Utility District has Affirmative Action Plans for covered veterans 

and persons with disabilities prepared in accordance with the Rehabilitation Act of 1973, 

Section 503, as amended and Title 41, Code of Federal Regulations, Part 60-741 

(Affirmative Action Program for Handicapped Persons), the Vietnam Era Veterans' 

Readjustment Assistance Act of 1974, Section 4212, as amended, and Title 41 Code of 

Federal Regulations, Part 60-250 (Affirmative Action Program for Disabled Veterans and 

other veterans). 

The Veterans Employment Opportunities Act of 1998 (VEOA), Public Law 105-339, 

effective October 31, 1998, increased the threshold for coverage under VEVRAA from a 

contract of $10,000, or more to a contract of $25,000 or more; extended the law’s 

protections to “veterans who served on active duty during a war or in a campaign for 

which a campaign badge was authorized; and, provides temporary (up to one year) 

protection to veterans who do not have a service connected disability, did not see action 

in a foreign war and did not serve during the Vietnam era.” 

The Jobs for Veterans Act (JFVA), Public Law 107-288, effective December 1, 2003, 

increased the threshold for coverage under 38 U.S.C. §4212 from $25,000 to $100,000; 

grants VEVRAA protection to those veterans who, while serving on active duty in the 

Armed Forces, participated in a United States military operation for which an Armed 

Forces service medal was awarded pursuant to Executive Order 12985 (62 Fed. Reg. 

1209); changes the definition of “recently separated veteran” to include “any veteran 

during the three-year period beginning on the date of such veteran’s discharge or release 

from active duty”; changes “Special Disabled Veterans” to “Disabled Veterans,” 

expanding the coverage to conform to 38 U.S.C. § 4211 (3); and, following publication of 

the final regulations, requires contractors to post job listings with their local employment 

service delivery system. 


28

SECTION 4 

ROLES AND RESPONSIBILITIES OF 

DISTRICT EMPLOYEES AND 



29


30

Section 4 – Roles and Responsibilities of District Employees and Board of 

Directors 

Roles and Responsibilities 

This section delineates the major Affirmative Action/Equal Employment Opportunity 

roles of the Board of Directors and employees at various levels of the organization. 


Annually reaffirms EBMUD Policies 1.01, “Equal Employment Opportunity” and 1.07 

“Prevention of Sexual Harassment in the Workplace”, and adopts the annual Affirmative 

Action Plan and Goals. These policies require the District to provide equal employment 

opportunity for all persons on the basis of job related merit to comply with state and 

federal laws. The Board of Directors is also responsible for upholding EBMUD Policy 

6.04, “Ethics Policy” which among other things requires the Board to promote diversity 

and equality in personnel matters and in contracting, consistent with state and federal 

laws. 

General Manager 

Upholds and models compliance with EEO policies, and establishes performance 

expectations in line with a work environment free of discrimination and adherence to the 

principles of Affirmative Action and Equal Employment Opportunity (AA/EEO). 

Designates the Director of Administration responsibility for overseeing the District’s 

Affirmative Action and EEO Program. 

Director of Administration 

Enforces the District’s EEO policies and programs to eliminate the under 

representation of women and minorities. 

Ensures that necessary action is taken by all levels of management to achieve AA and 

EEO objectives. 

Delegates to the AA Officer the responsibility and authority to interpret and uphold 

EEO policies, and to manage and implement the AA/EEO Program. 

Affirmative Action Officer 

Provides leadership and direction in the development, implementation, and evaluation of 

an effective Affirmative Action and Equal Employment Opportunity Program. The 

Affirmative Action Officer’s responsibilities include, but are not limited to, the 

following: 

 

 

 

Ensures that EEO Policies and AA/EEO performance standards are communicated to 

all levels within the organization. 

Evaluates the AA/EEO performance of District management and supervisors. 

Identifies areas of concern including workforce underutilization and barriers to EEO, 

and develops strategies and programs with management to address these problems. 


31

Provides guidance and direction to management on the prevention and/or resolution 

of problems relating to AA/EEO issues. 

Provides direction, evaluates, and reports on the District’s AA/EEO progress and 

effectiveness at all levels of the organization. 

Reviews all District selections before an offer of employment is made, and provides 

guidance to hiring supervisors and managers regarding job related, objective hiring 

criteria and candidate evaluations. 

Identifies potential EEO compliance issues and works with the Human Resource 

Manager to ensure that personnel management policies, procedures, and practices 

comply with state and federal laws and EEO regulations. 

Reviews recruitment efforts, exam process selection standards and other HR practices 

and procedures to identify potential EEO barriers and assists HR and department 

managers in developing remedies. 

Responsible for fair, timely and thorough investigation of EEO discrimination 

complaints, determines when EEO policy has been violated, and works with 

management, General Counsel and HR staff to ensure that appropriate action is taken 

to resolve complaints. 

Prepares annual AA Plan and presents findings and recommendations to the Board of 

Directors. 

Ensures that EBMUD’s EEO Federal Reporting Form is completed and submitted 

semi-annually. 

Ensures that EBMUD’s VETS-100A Federal Reporting Form is completed and 

submitted annually. 

Oversees the District’s response to DFEH and OFCCP audits. 

Manager of Human Resources 

The Manager of Human Resources is responsible for ensuring that all relevant 

employment policies, procedures and practices adhere to EBMUD’s commitment to 

affirmative action and equal employment opportunity. The Manager of Human 

Resources’ responsibilities include, but are not limited to, the following: 

 

 

 

 

 

 

 

Ensures that employees’ qualifications for transfers and promotions are reviewed 

based on job-related employment practices. 

Ensures that managers and supervisors are aware that their work performance is being 

evaluated in part on the basis of their equal employment opportunity efforts. 

Monitors training programs, and hiring and promotional exams to identify and 

address impediments to the attainment of AAP goals and objectives. 

Ensures that all new employees receive an orientation to EBMUD’s equal 

employment opportunity policy and are thoroughly informed with regard to the AAP 

and its objectives. 

Periodically analyzes applicant-tracking reports to determine if any selection 

processes have adverse impact on candidates based on race/ethnicity and/or sex. 

Ensures that recruitment and job advertising is inclusive and includes outreach to 

underutilized groups. 

Reviews all exam announcements and classification specifications to ensure that job 

requirements are valid. 


32

Human Resources Regulatory Coordinator 

The HR Regulatory Coordinator (HRRC) acts as the District’s ADAAA Compliance 

Officer. The HRRC responds to requests for reasonable accommodation of physical or 

mental disabilities covered under ADAAA and FEHA. Works with Risk Management 

Office staff to coordinate District response to requests for reasonable accommodations as 

covered under ADAAA, FEHA and worker compensation requirements. 

Managers and Supervisors 

The management team is responsible for ensuring that line managers and supervisors 

understand and carry out their AA and EEO responsibilities. All management and 

supervisory personnel are charged with the responsibility to meet District AA/EEO 

performance standards. 

In addition, managers and supervisors: 

 

 

 

 

 

 

 

 

Model, monitor and enforce staff’s compliance with District AA/EEO policies. 

Promote and encourage a work environment free from discrimination and harassment. 

Participate in and support staff’s involvement with AA, EEO and diversity programs 

and recruitment activities. 

Work with the AA Officer to enhance the effectiveness of the AA/EEO Program. 

Make good faith efforts by considering alternate methods to fill vacant positions in 

order to create a diverse and qualified candidate pool. 

Consider all qualified candidates for promotion or hire, including candidates from 

underutilized groups. 

Ensure that all selections are made for valid job-related reasons and without 

discrimination. 

Respond appropriately to concerns of EEO harassment or discrimination. 

All District Employees 

Employees at all levels are responsible for providing support to the District’s affirmative 

action and equal employment opportunity program, as may be appropriate in the 

performance of their official duties, by assuring equal treatment, and equal access to 

service for all persons with whom they deal. Staff is prohibited from discriminating 

based on EEO protected status including gender, gender identity or expression, race, 

color, religious creed, national origin, ancestry, age, physical or mental disability 

(including AIDS and HIV), medical condition (cancer), genetic information, sexual 

orientation, marital or domestic partnership status, veterans or any other status protected 

by state and federal laws. This also applies to every aspect of personnel policies and 

practices in the employment, development, advancement and treatment of employees, 

including the authorization of family and medical care leave, and pregnancy disability 

leave. 

All management and supervisory employees will have their job performance evaluated on 

the basis of their AA/EEO efforts as well as other job related criteria. Non-supervisory 

employees will be evaluated on their adherence to the District’s EEO policies, and 

positive contributions to creating an inclusive work environment. 


33


34

SECTION 5 

EVALUATION OF WORKFORCE CHANGES 

AND 2012 GOALS ACHIEVEMENT 


35


36

Section 5 - Evaluation of Workforce Changes and 2012 Goal Achievement 

Introduction 

According to OFCCP regulations, an acceptable affirmative action program must include 

an identification of problem areas. When the percentage of minorities or women 

employed in a particular job group is less than would reasonably be expected given their 

availability percentage in that particular job group, the District must establish a 

placement goal (or hiring goal). The District must then make reasonable and effective 

steps toward meeting those goals and addressing the underutilization. 

The District is a civil service employer and hires only qualified candidates who meet our 

exacting job requirements. To meet our commitment to achieve a workforce 

representative of the available labor market, the District establishes affirmative action 

goals for minorities and women where underutilization exists. To determine if 

underutilization exists, we compare current representation in the workforce (current 

utilization) to the representation of the available labor market (availability). Availability 

is an estimate of the representation of qualified minorities and women available for 

employment in a given job group. When current utilization is less than availability, 

underutilization exists and a goal is established. Placement goals are expressed in terms 

of percentage (%) representation of total annual hires. Goals are not quotas. They are 

targets reasonably attainable by applying good faith efforts to make all aspects of the 

Affirmative Action program work. By establishing placement goals, the District takes 

responsible steps to prevent discrimination from occurring at the District, and sets a target 

for changes in the workforce representation of women and minorities. The goals provide 

a way to measure the District’s success in preventing discrimination and removing 

obstacles to equal employment opportunity. 

Evaluation of 2012 Changes in District Workforce Underutilization 

During the third full AA Plan year of the hiring freeze, hiring increased from 59 hires in 

the prior year to 89 regular, full-time hires in AA Plan year 2012. The most significant 

workforce changes are shown in Table V.1 below: 

Table V.1 – 2012 Significant Changes in Workforce Representation 

Job Group Workforce Change Reason for Change 

Directors/Managers Female underutilization decreased to 1%. Asian 

underutilization increased. 

2:3 hires were female. Not hiring 

Asians at rate of availability. 

Programmers Parity Achieved for African Americans. 1:6 hires was African American 

Analysts 

Increased Underutilization: Females, African 

Americans and Hispanics 

1:2 hires was Female but hiring 

rate was below availability. 

Supervisory Engineer Parity Achieved for Asians. 1:1 hire was Asian 

Plant Operators New Goal: Hispanics Not hiring at rate of availability. 

Pipeline Maintenance Parity Achieved for Hispanics. 

5:8 hires were Hispanic 

Lead/Supervisory 

Electrical/Structural 

Maintenance 

Increased Underutilization: Females (13%) & 

African American. (3%). High underutilization of 

2 hires but none goal achieving 

Mechanical 

Maintenance 

Asians (10%) 

Increased Underutilization: Asians (3%) New 

goal for Hispanics (2%) 

4 hires but none goal achieving 


37

Efforts to Address Electrical and Mechanical Workforce Underutilization 

Table V.2 shows changes in Electrical and Mechanical workforce underutilization over 

the last six years. For all AA groups underutilization is increasing or remains the same. 

Job 

Group 

Table V.2 - Rate of Underutilization for Electrical and Mechanical Job Groups AAY 08 – 13 



08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

Electrical 7% 6% 9% 10% 11% 13% 1% N/A N/A N/A 1% 3% 7% 6% 8% 8% 10% 10% 6% 4% N/A N/A 4% 3% 

Mechanical 4% 5% 4% 4% 4% 4% 5% 5% 5% 5% 5% 5% 4% 10% 3% 2% 2% 3% 7% 4% 4% 3% N/A 2% 

With retirements and a growing need for infrastructure maintenance, the District will 

have continuing employment opportunities in these areas. 

Since 2006, the District has not hired at the trainee level for Electrical, Instrument, 

Machinist, or Plant Mechanic jobs. Between January 2005 and December 2012, the 

District made forty-four regular, full-time journey-level skilled trades hires (Electrical 

Technicians, Instrument Technicians, Maintenance Machinists, and Plant Maintenance 

Mechanics). Table V.3 shows the gender and race profiles for these forty-four hires. 

Table V.3 - Journey-Level Trades Hires 2005 – 2012 

Gender 

Race/Ethnicity 

Males: 44 (100%) White: 39 (89%) 

Females: 0 (0%) African American: 1 (2%) 

Hispanic: 4 (9%) 

Recruitment at the trainee level provides a broader candidate pool because there are more 

qualified diverse candidates entering the skilled trades workforce versus the diminishing 

pool of journey-level candidates who are primarily from the Baby Boomer generation. 

From 2003 to 2006 the Operations & Maintenance Department hired twelve trainees who 

matriculated to journey-level skilled trades jobs. Table V.4 shows the diversity of these 

trainee hires. 

Table V.4 OMD Skilled Trades Trainee Hires 2003 -2006 

Skilled Trade Male Female White Hispanic Asian Native 

American 

Electrical 3 2 2 1 1 1 

Instrumentation 2 1 1 

Machinist 1 1 

Carpenter 1 1 

Automotive 

1 1 

Mechanic 

Meter Mechanic 2 2 

Total 9 

(75%) 

3 

(25%) 

8 

(67%) 

2 

(17%) 

1 

(8%) 

1 

(8%) 


38

During 2012, staff piloted a plan to develop diverse skilled candidates for Plant Mechanic 

and Machinist trainee jobs. A trainee exam was scheduled for winter 2012 to fill 

anticipated vacancies due to retirements in early 2013. Students earning an Industrial 

Maintenance or Machine Technology certificate from Laney College would be selected 

for fall semester internships at EBMUD so they could gain hands-on experience and 

increase the local, qualified diverse candidate pool for this trainee exam. This candidate 

development strategy was supported by Maintenance and Wastewater departments 

because many of their mechanic and machinist workforce are eligible for retirement, and 

the District faces a decrease in the number of local candidates with the skills to do these 

jobs due to local military base closures and two generations of high school students 

without access to vocational training programs. 

The five selected Laney College student interns gained valuable work experience and 

impressed EBMUD supervisors with their willingness to apply what they learned and 

their eagerness to develop their skills. All of the interns showed strong commitment and 

initiative, with one intern riding his bicycle several miles to arrive at work on time, in the 

rain. Additionally, many other Laney and Chabot College students completed training 

classes to become eligible for the upcoming trainee exam. The Plant Maintenance/ 

Machining & Maintenance trainee exam is scheduled for spring 2013. 

Efforts to Address Plumber Workforce Underutilization 

Table V.4 shows changes in Plumber workforce underutilization over the last six years. 

Underutilization of Asians and Hispanics increased, while the underrepresentation of 

females decreased due to one female Plumber hire. 

Job 

Group 

Pipeline 

Maintenance 

Table V.4 - Rate of Underutilization for Pipeline Maintenance Job Group AAY 08 – 13 



08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

2% 2% 1% 2% 2% 1% N/A N/A N/A N/A N/A N/A 5% 2% 3% 3% 3% 4% 5% 6% 9% 8% 6% 7% 

The trainee plumber classification is Water Distribution Plumber I (WDPI). Recruitment 

was conducted two weeks prior to the application period for the 2010 WDPI exam. 1,208 

applications were received for this exam. Female applicants were 5%, Hispanics were 

22% and Asians were 6% of the total applicants. Although the representation of female 

applicants exceeded availability, only one female candidate successfully competed and 

was employed of the total 18 WDPI hires. The representation of Hispanic applicants was 

below availability (32%), and four Hispanics were hired. The representation of Asian 

applicants (6%) was less than availability (9%), and two Asians were hired. 

In addition to email notification to Job Developers, two information sessions were held at 

the District Administration building prior to the 2012 WDPI exam. The representation of 

females and Asians increased slightly. Females were 6% and Asians were 7% of the total 

applicants (1,299). Hispanic applicant representation (22%) was less than availability 

(32%). The hiring list for the 2012 WDPI exam includes one female (3%), two Asians 

(7%), and four Hispanics (13%) in the top thirty ranked candidates. Extensive recruitment 


39

for the 2013 WDPI exam, including outreach to veterans and females is planned. Detailed 

plans are described in the 2013 Action Plan section. 

Efforts to Address Operator Workforce Underutilization 

Table V.5 shows changes in Operator workforce underutilization over the last six years. 

Underutilization of females and African Americans in Plant Operator jobs has remained 

the same for 3 years. Hispanic representation fell below parity for the first time in six 

years. No trainee hires have been made for Water Treatment or Water Distribution 

Operator jobs for several years. The District will continue to hire Wastewater Plant 

Operator Trainees (WWPOT) for the next few years as 28% of WW Operators (67 

positions) and 25% of Operators in Lead/Supervisory positions (16 positions) are 

currently eligible for retirement. 

Job 

Group 

Table V.5 - Rate of Underutilization for Operator Job Group AAY 08 – 13 



08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 

Operators 2% 1% 4% 4% 4% 4% N/A 3% 3% 3% 3% 3% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1% 

For both the 2010 and 2012 Wastewater Plant Operator Trainee (WWPOT) exam, staff 

sent email notifications to Job Developers and training program contacts, and presented 

two information sessions at the District Administration building. Local 444 union officers 

assisted with the information session presentations. Over 3700 applicants were accepted 

for the 2010 WWPOT exam and over 1600 applicants were accepted for the 2012 exam. 

Table V.6 - WWPOT Exam Results for Underutilized Groups 

WWPOT Total Female African American Hispanic Total Underutilized Candidates 

Exam Applicants Applicants Applicants Applicants Hired 

Hired 

2010 3700+ 24% 56% 11% 8 1 Female 

2012 1600+ 14% 42% 15% 3 1 Female 

WWPOT 

Exam 

The overall pass rate for the WWPOT exam is very low because the District receives a 

high number of applications and must screen out most applicants to reach a manageable 

number of candidates (less than 60) to interview for employment. Even so, the pass rates 

of female, African American and Hispanic candidates were lower than white male 

candidates. Future outreach efforts should include strategies to target more competitive 

underutilized candidates and provide information about the exam process. 

Table V.7 - WWPOT Exam Pass Rates for Underutilized Groups 

Female Male White 

Pass Rates Pass Rates Pass Rates 

Total 

Applicant 

Pass Rates 

Hispanic 

Pass Rates 

African 

American 

Pass Rates 

2010* 1.2% 0.2% 1.5% 4.8% 0.5% 0.2% 

2012* 4.3% 2.9% 4.5% 11.8% 3.8% 0.7% 

*2010 exam pass rates are based on candidate performance through hires. 2012 exam pass rates are based on 

candidate performance through hiring interviews. 


40

Evaluation of 2012 Goals Achievement 

2012 AA Goals Achievement (See 2012 Placement Goals Monitoring Report, page 46) 

In compliance with Federal Regulations, the Affirmative Action Office identifies AA 

Placement Goals by Job Group for females and minorities when their representation in 

EBMUD’s workforce is below parity. Therefore, each of the twenty-two Job Groups 

could have up to four placement goals depending on the representation of females, 

African Americans, Hispanics and Asians each year. Realistically, it will take several 

years to achieve workforce parity even if the AA Placement Goals are met annually, due 

to attrition and hires of non-AA Group candidates. Progress in achieving the AA 

Placement Goal is also affected by the number of hiring opportunities and availability of 

AA Group candidates. 

For the 2012 AA Plan (AAY12), fifty-one (51) Placement Goals were established. The 

District met or exceeded 9 out of 51 goals for an AA Goals Achievement rate of 18%. 

Table V.8 provides a comparison of AA Placement rates achieved during the last twelve 

years. Although the number of hires increased from previous years, the District’s AAY12 

goal achievement rate was far below the average achievement rate (30%). Recruitment 

plans to increase the diversity of qualified job candidates should be planned and 

implemented when multiple hiring opportunities are expected. Recruitment of qualified 

diverse candidates is an essential strategy to reduce underrepresentation and to make 

progress towards workforce parity. 

Table V.8 – AA Goals Achievement Rate 

Year 

Rate 

Full-time 

Regular Hires 

AAY12 18% 89 

AAY11 24% 59 

AAY10 16% 45 

AAY09 4 27% 110 

AAY08 22% 176 

AAY07 31% 173 

AAY06 36% 169 

AAY05 40% 125 

AAY04 27% 80 

AAY03 30% 80 

AAY02 40% 78 

AAY01 31% 86 

4 Previous AA Plans were based on AA Year (April 1st of previous year through March 31st of current year). Starting with the 

2009 AA Plan, AA Plans are based on fiscal year data (July 1 – June 30). 


41

Table V.9 shows District hires (regular, full-time) that met or exceeded 2012 placement 

goals. During 2012, the District had more hiring opportunities but made fewer goal 

achieving hires than previous years. 

Underutilized 

Groups 

Females 

(4 out of 15 Goals) 

African 

Americans 


Asians 


Hispanics 


Table V.9 - 2012 AA Placement Goals Met or Exceeded 

Actual 

Job Groups and Placement Goal % Placement Status of Goal Achievement 

Rate % 

Director/Managers 34% 67% Hiring Exceeds Expectations 

Science Professionals 47% 50% Hiring Exceeds Expectations 

Technicians 42% 50% Hiring Exceeds Expectations 

Pipeline Maintenance 3% 6% Hiring Exceeds Expectations 

Programmers 7% 

Heavy Equip/Truck Operators 15% 

Customer Services 18% 

Supervising Engineers 33% 

17% 

29% 

33% 

100% 

Hiring Exceeds Expectations 




Pipeline Maint Lead/Supervisory 23% 63% Hiring Exceeds Expectations 

The District made no goal achieving hires for nine job groups where hires were made. 

Table V.10 shows the job groups where no goal achieving hires were made, where there 

were regular, full-time hiring opportunities. 

Table V.10 - Job Groups with No Goal Achieving Hires in 2012 

Job Group 

Total 2012 

Hires 

Underutilized Group 

Other Professionals 1 Hispanics 

Administrative Assistants 1 Hispanics 

Plant Operators 4 Females, African Americans 

Plant Operators Lead/Supervisory 1 Females, Asians, Hispanics 

Rangers 4 African Americans, Hispanics 

Engineering Technicians 2 Females, African Americans, Hispanics 

Electrical/Structural Maintenance 2 Females, African Americans, Asians, Hispanics 

Mechanical Maintenance 4 Females, African Americans, Asians, 

Service Maintenance 1 Females, Hispanics 

During 2012 four Rangers were hired. Hiring supervisors had a few underutilized 

candidates to consider for these hires, but none were the most qualified. Over the last two 

years, there have been 10 hires/promotions in the Ranger job group. This job group has 

35 incumbents including Rangers and supervising Rangers. The Ranger workforce has 

not had this amount of turnover for decades. All ten hires/promotions were Ranger II, 

Senior Ranger or Supervising Ranger; and no goal achieving hires were made. A strategic 

plan for future hiring opportunities for this job group should include outreach to veterans, 

and Hispanics and African Americans and consideration of hiring at the entry-level 

(Ranger I). 


42

During 2012 four Operator hires were made and there were no candidates from 

underutilized groups (female and African American) interviewed for these hires. These 

four Operator hires were at the journey-level rather than the trainee-level (2 Senior Water 

Treatment Operators and 2 Water Treatment Operators). 

All of the Electrical and Mechanical Maintenance hires were journey-level, and no AA 

goal achieving hires were made. 

As the District focuses on recruitment in the priority areas of infrastructure, operations 

and maintenance, and customer service, departments with hiring opportunities will need 

to work closely with the AA Office and Recruitment & Classification division staff to 

develop strategies to increase the qualified diverse candidate pool. Advanced planning is 

crucial to more successful outreach and candidate development. 

Evaluation Criteria 

In evaluating “good faith efforts” to contribute to the District’s AA goal achievement, the 

District follows the Office of Federal Contract Compliance Programs’ (OFCCP) 

requirements. The OFCCP states that goals may not be rigid and inflexible quotas that 

must be met, but must be targets reasonably attainable by means of applying every good 

faith effort to make all aspects of the entire affirmative action program work. 

The District will continue to make every legal effort to remove all barriers to equal 

employment opportunity in the workplace for women and minorities. These efforts 

include recruiting a qualified inclusive applicant pool that represents the District’s very 

diverse labor market, ensuring that all selections are made on the basis of relevant and 

job-related criteria, continuing departmental efforts to train, develop and promote a 

diverse workforce, and maintaining reasonable and equitable workplace policies that 

welcome, support and sustain a diverse workforce. 

Monitoring Veteran Representation in District Workforce 

As a federal contractor, EBMUD must comply with the provisions of the Vietnam Era 

Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This act prohibits 

discrimination against veterans and requires federal contractors to conduct employment 

outreach to covered veterans. An affirmative action plan for covered veterans is detailed 

on pages 77-78. 

To comply with VEVRAA, staff conducted a survey of permanent 5 District employees in 

2009 to determine the representation of veterans in the District’s workforce. The data 

from this survey has been used as a baseline to monitor changes in veteran representation 

in the District’s workforce. Since 2009, the District has submitted a VETS100A report to 

the Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS). 

5 Per Department of Labor VETS’ definition of “permanent” employees, District hires into Limited Term, TC, and 

any other temporary positions are excluded from this report. 


43

Table V-11 shows information reported to the Department of Labor. Over the last four 

years, the workforce representation of employees with Protected Veterans Status has been 

an average of 4.2%. In 2012, the District hired 4 Veterans out of a total of 58 hires into 

permanent District positions, for a Veterans hiring rate of 6.9%. 

VET100A 

Reporting 

Period* 

Table V.11 Veteran Hires & Workforce Representation 

% Veteran 

Total Hires Veteran Hires Hires to 

Total Hires 

% Veterans in 

EBMUD Workforce 

2012 58 4 6.9% 4.1% (69:1685) 

2011 50 3 6.0% 4.2% (72:1692) 

2010 31 2 6.5% 4.1% (71:1728) 

2009 66 3 4.5% 4.6% (82:1786) 

*VETS100A Reporting Period is September 1 st through August 31 st of the following year. 

As shown in Table V.12, in 2010, a significant number of employees with veteran status 

(11) left the District compared to 2011. Most veterans employed at EBMUD served in the 

Vietnam War, so many more will be eligible for retirement in the next few years. The 

representation of employees with protected veterans’ status will likely continue to 

decrease unless the District increases outreach to qualified veteran job candidates. 

Table V.12 Veterans Retired/Released/Terminated/Resigned 

Between September 1 – August 31 

VET100A 

% Veterans in 

Reporting 

EBMUD Workforce 

Period 

Total 

Employees 

Who Left the 

District 

Total 


Veterans Who 

Left the 


2012 89 7 (7.8%) 4.1% 

2011 85 3 (3.5%) 4.2% 

2010 89 11 (12.3%) 4.1% 

Between 2010 and 2012, most of the employees who left the District belonged to the 

Craft Worker Job Category (see Table V.13 below). This job category includes District 

positions such as Water Distribution Plumber, Wastewater Plant Operators, among other 

District skilled trades positions. Most of the District employees with Veteran status are 

employed in the Craft Worker job category. Given the District’s past success in hiring 

veterans into Crafts Worker jobs, future veteran outreach efforts should focus on 

employment opportunities for Plumber, Operator, and skilled trades jobs. 

Table V.13 Job Category and Veteran Status of Employees Who Left District 2010 - 

2012 

VET100A 

Employees in 

Total 

Reporting Total Employees Craft Worker Job Total Veterans Craft Workers with 

Period 

Category 

Veteran Status 

2012 89 36 7 5 

2011 85 31 3 2 

2010 89 37 11 5 


44

The Office of Federal Contract Compliance Programs (OFCCP) has proposed 

strengthening regulations to enhance non-discrimination and affirmative action with 

respect to veteran outreach, recruitment and hiring. These regulations are scheduled for 

implementation in 2013 and will require federal contractors such as the District, to do the 

following: 

 

 

 

Increase and expand veteran outreach; document and evaluate results of veteran 

outreach. 

Maintain records of veteran referrals, applicants, hires and job opening data, 

including tracking veteran applicants’ performance in selection process. 

Set veteran hiring goals. 

Staff will continue to monitor these proposed regulations and develop more strategies for 

veteran recruitment and retention. 


45

District Affirmative Action 2012 Placement Goal Monitoring Report 

July 1, 2011 – June 30, 2012 

This table reflects only regular, full-time hires. “Female” includes women of all races. 

Job Group 

Total 

Employees 

Total # 

of Hires 

Directors/Managers 65 3 

Programmers 95 6 

Analysts 46 2 

Table V.5 

Placement Goal % 

Female 34% 

Asian 20% 

Hispanic 6% 

African American 7% 

Hispanic 6% 

Female 68% 


Hispanic 9% 

Actual 

Placement 

Rate % 

67% 

0% 

0% 

17% 

0% 

50% 

0% 

0% 

Other Professionals 54 1 Hispanic 7% 0% No Progress 

Female 47% 50% 

Science Professionals 42 2 

Hispanic 5% 0% 

Administrative 

Assistants 

63 1 Hispanic 11% 0% No Progress 

General Clerical 113 0 Hispanic 13% 0% No Progress 

Status of Goal Achievement 


No Progress 

No Progress 


No Progress 

Hiring Below Expectations 

No Progress 

No Progress 


No Progress 

Customer Services 101 6 

Female 58% 17% Hiring Below Expectations 

Asian 18% 33% Hiring Exceeds Expectations 

Technicians 24 2 

Female 42% 50% Hiring Exceeds Expectations 

Asian 31% 0% No Progress 

Plant Operators 133 4 

Female 13% 0% No Progress 

African American 11% 0% No Progress 


Plant Operators 

38 1 Asian 13% 0% No Progress 

Lead/Supervision 

Hispanic 20% 0% No Progress 


Lab & Quality Control 

56 0 African American 10% 0% No Progress 

Technicians 

Asian 30% 0% No Progress 

Rangers 37 4 

African American 24% 0% No Progress 


Engineers 148 14 N/A N/A N/A 


Supervising Engineers 43 1 Asian 33% 100% Hiring Exceeds Expectations 


Engineering 

Technicians 

89 2 

Pipeline Maintenance 173 18 

Heavy Equipment/ 

Truck Operators 

Pipeline Maintenance 

Lead/Supervision 

Electrical/Structural 

Maintenance 

Mechanical 

Maintenance 

82 7 

65 8 

99 2 

131 4 

Service Maintenance 71 1 

Female 18% 


Hispanic 12% 

Female 3% 

Asian 9% 

Hispanic 32% 


Asian 10% 

Hispanic 31% 

Female 5% 

Asian 7% 

Hispanic 23% 

Female 16% 


Asian 15% 

Hispanic 18% 

Female 6% 


Asian 13% 

Female 28% 

Hispanic 35% 

0% 

0% 

0% 

6% 

0% 

22% 

29% 

0% 

0% 

0% 

0% 

63% 

0% 

0% 

0% 

0% 

0% 

0% 

0% 

0% 

0% 

No Progress 

No Progress 

No Progress 


No Progress 

Hiring Below Expectations 


No Progress 

No Progress 

No Progress 

No Progress 


No Progress 

No Progress 

No Progress 

No Progress 

No Progress 

No Progress 

No Progress 

No Progress 

No Progress 


46

SECTION 6 

2013 AA GOALS AND ACTION PLAN 


47


48

Section 6 – 2013 AA Goals and Action Plan 

JOB GROUP 

•Job Groups with an underutilization of 5% or greater 

O Job Groups with an underutilization of below 5% 

Table VI.1 2013 AA Placement Goals by Job Group 

FEMALE 

UNDERUTILIZED GROUPS 

AFRICAN 

AMERICAN 

ASIAN 

HISPANIC 

Directors/Managers O O 

Programmers O 

Analysts O • O 

Other Professionals O 

Science Professionals • O 

Administrative Assistants O 

General Clerical O O 

Customer Service • • 

Technicians • • 

Plant Operators O O O 

Plant Operators Lead/Supervisors • O • 

Lab & Quality Control Technicians • O O 

Rangers • • 

Engineers 

Supervising Engineers • O 

Engineering Technicians • O • 

Pipeline Maintenance O O • 

Heavy Equipment/Truck Operators O • • 

Pipeline Maintenance Lead Supervisors O O 

Electrical/Structural Maintenance • O • O 

Mechanical Maintenance O • O O 

Service Maintenance O • 


49

Table VI.2 2013 AA Placement Goals and Degree of Underutilization 

JOB GROUP 

INCUMBENTS 

Female African American Asian Hispanic 

Goal Actual Under Goal Actual Under Goal Actual Under Goal Actual Under 

Directors/Managers 66 34% 33% 1% 20% 16% 4% 

Programmers 93 6% 5% 1% 

Analysts 47 68% 64% 4% 17% 11% 6% 9% 6% 3% 

Other Professionals 50 7% 4% 3% 

Science Professionals 41 47% 42% 5% 4% 2% 2% 

Administrative Assistants 63 12% 10% 2% 

General Clerical 104 89% 88% 1% 13% 11% 2% 

Customer Service 103 57% 47% 10% 18% 13% 5% 

Technicians 25 43% 24% 19% 30% 16% 14% 

Plant Operators 125 13% 9% 4% 11% 8% 3% 14% 13% 1% 

Plant Operators Lead/Supervisors 38 21% 16% 6% 13% 10% 3% 20% 11% 9% 

Lab & Quality Control Technicians 54 59% 41% 18% 10% 7% 3% 30% 28% 2% 

Rangers 35 24% 3% 21% 35% 3% 33% 

Engineers 154 

Supervising Engineers 40 21% 15% 6% 7% 5% 2% 

Engineering Technicians 89 18% 13% 5% 6% 2% 4% 12% 5% 7% 

Pipeline Maintenance 175 3% 2% 1% 9% 5% 4% 32% 25% 7% 

Heavy Equipment/Truck Operators 83 15% 11% 4% 10% 1% 9% 31% 16% 15% 

Pipeline Maintenance Lead Supervisors 70 5% 3% 2% 7% 3% 4% 

Electrical/Structural Maintenance 97 17% 4% 13% 6% 3% 3% 15% 5% 10% 18% 15% 3% 

Mechanical Maintenance 127 6% 2% 4% 7% 2% 5% 13% 10% 3% 20% 18% 2% 

Service Maintenance 69 27% 25% 2% 36% 22% 14% 

Job groups with significant underutilization of 5% or greater are highlighted. 


50

2013 District Action Plan 

Under the OFCCP regulations, there are steps that the District must take to meet its 

affirmative action responsibilities under federal law. The District must perform in-depth 

analysis of its total employment process to determine whether and where impediments to 

equal employment opportunities might exist. The District must also develop and execute 

action-oriented programs that are designed to correct any problem area and that are 

effective. Refer to pages 4-15 for more information about the recommended 2013 

Affirmative Action Plan. 

The following ongoing activities and procedures are designed to ensure that the District 

implements inclusive and nondiscriminatory recruitment and selection practices, and to 

further the District’s commitment to Affirmative Action and Equal Employment 

Opportunity: 

 

 

 

 

 

 

Minimum requirements for all District jobs are reviewed to ensure that they are jobrelated 

and do not screen out minorities and women. 

The entire selection process is evaluated to make every good faith effort to select 

persons according to ability and qualifications, while recognizing a commitment to 

take affirmative action to address underutilization of minorities and women. 

Recruitment sources are notified of the District’s policy of nondiscrimination. 

Staff works with professional organizations, community agencies, training centers, 

and schools to provide information about employment opportunities at the District to 

maintain a satisfactory flow of qualified diverse applicants for District jobs. In 

addition, employees are encouraged to assist in word of mouth recruitment by 

referring friends and relatives for potential employment. 

Recruitment at colleges with ethnically diverse student populations is conducted 

whenever the District has relevant vacant positions. 

Affirmative Action Office staff reviews selection criteria and hiring recommendations 

for all District hires to assure selections are made based on job related criteria. 

The District provides job training including tuition reimbursement in an effort to 

provide promotional opportunities for all employees. In addition, through the 

performance plan and appraisal program, employees receive feedback on their work 

performance and areas for career development are identified. 


51


52

SECTION 7 

DISSEMINATION OF THE 

AFFIRMATIVE ACTION PLAN 


53


54

Section 7 - Dissemination of the Affirmative Action Plan 

Effective Implementation 

Effective implementation of an Affirmative Action Plan (AAP) requires identification of 

specific procedures that will be used to disseminate the AAP. EBMUD has, therefore, 

identified the following steps to ensure effective internal and external communication 

regarding the AAP and its related Affirmative Action/Equal Employment Opportunity 

(AA/EEO) and Preventing Sexual Harassment policies. Any item requiring action 

includes the identification of the responsible individual(s) by job title. 

Internal Dissemination 

Include EEO policies in appropriate in-house publications such as Policies and 

Procedures manuals. 

Responsible Personnel: Human Resources Department and Affirmative Action 

Office 

Schedule and conduct annual meetings with executive, management, and supervisory 

personnel to explain the intent of the EEO policies and individual responsibility for 

effective implementation, making clear the General Manager’s personal commitment 

on behalf of EBMUD as an employer. 

Responsible Personnel: Affirmative Action Officer and Senior Management 

Team 

Conduct informal discussions with employees regularly regarding EBMUD’s 

EEO/AA programs. 

Responsible Personnel: All District supervisors and managers, Affirmative 

Action Office 

Distribute AA/EEO and Preventing Sexual Harassment policies and discuss them 

thoroughly in new employee orientation sessions, management training programs, 

and periodic staff meetings. 

Responsible Personnel: HR Employee Development Division, Affirmative 

Action Office and all District supervisors 

Post the DFEH poster and brochure “Sexual Harassment is Forbidden by Law” on all 

District bulletin boards, and make copies available to all employees. 

Responsible Personnel: Affirmative Action Office 

Include nondiscrimination clauses in all union agreements, and review all 

Memoranda of Understanding (MOU) provisions to ensure they are 

nondiscriminatory. 

Responsible Personnel: HR Employee Relations Manager 

Post the EEO policy; along with required state and federal EEO regulations, on 

EBMUD’s bulletin boards and other areas designated for general reading and 

information. 



55

Communicate to all employees the existence of EBMUD’s AAP and make available 

such elements of the program that will enable the employees to know of and avail 

themselves of its benefits. 


Provide training in Preventing Sexual Harassment to all employees every five years, 

to all new supervisors within their first six months of employment, continuing 

supervisors every two years. 

Responsible Personnel: HR Employee Development Division 

External Dissemination 

Inform recruiting sources of EBMUD’s EEO policies. 

Responsible Personnel: HR Recruitment/ Classification Division 

Encourage recruitment sources to refer minorities, women, persons with disabilities, 

and U.S. Veterans for District jobs. 

Responsible Personnel: HR Recruitment/ Classification Division 

Include EBMUD’s AA/EEO policy statement in employment information given to 

applicants and recruiting sources. 

Responsible Personnel: HR Recruitment/Classification Division 

Send written notice of EBMUD’s policies to all contractors and request their 

compliance. 

Responsible Personnel: Contract Equity Program Administrator 

Include the EEO clause either by reference or in its entirety, in all contracts. 

Responsible Personnel: General Counsel’s Office, managers, supervisors and 

contract administrators 

Notify prospective vendors and suppliers of their obligation in EEO-related activities. 

Responsible Personnel: Contract Equity Program Administrator and contract 

administrators 


56

SECTION 8 

PREVENTION OF SEXUAL HARASSMENT 

IN THE WORKPLACE POLICY STATEMENT 


57


58

Section 8 - Prevention of Sexual Harassment in the Workplace Policy1.07 

This policy is reaffirmed by the Board of Directors March 12, 2013. 

It is the policy of the East Bay Municipal Utility to: 

Provide a workplace for all employees that is free from any form of sexual harassment. 

Definition 

Sexual harassment is a form of gender discrimination and is an unlawful employment 

practice. It is a personal affront to the affected employee and negatively impacts morale, 

motivation and job performance. This policy includes sexual harassment of District 

employees by non-employees. Unwelcome sexual advances, requests for sexual favors, 

and verbal, physical, visual, or other conduct of a sexual nature, constitute sexual 

harassment and are prohibited by this policy when: 

 

 

 

submission to such conduct is made either explicitly or implicitly a term or condition 

of an individual’s employment, or 

submission to or rejection of such conduct by an individual is used as the basis for 

employment decisions affecting such individual, or 

such conduct has the purpose or effect of creating a working environment, which 

would reasonably be perceived as inappropriate, hostile, or abusive. 

Prevention 

The District believes that prompt appropriate action should be taken to prevent or stop 

incidents of sexual harassment, and strongly encourages employees to express their 

objections to unwelcome conduct, either to the perpetrator directly or the Affirmative 

Action Officer or any District supervisor. However, an employee is not required to 

complain about conduct in order for unlawful harassment to have occurred. Failure to 

communicate with the perpetrator does not prevent an employee from filing a complaint, 

nor does it in any way exonerate the harasser. 

Enforcement 

In keeping with District’s long-standing anti-discrimination policy, sexual harassment 

will not be condoned or tolerated. The District is committed to enforcing this policy and 

to providing training to its managers, supervisors, and employees to assist them in 

dealing sensitively and effectively with this important issue. When any District 

supervisor or manager is notified or becomes aware of any behavior that violates this 

policy, they are required to take corrective actions, including sharing confidential 

information on a need-to know basis. 

Complaints and cases of sexual harassment brought to the attention of the Affirmative 

Action Officer or any District supervisor shall be handled promptly through a 

confidential procedure, which will protect complainants and witnesses from retaliation. 

Appropriate remedial or disciplinary action will be taken when warranted. Retaliation 


59

against employees alleging sexual harassment or involved as witnesses in a sexual 

harassment investigation is prohibited. Employees who oppose and/or refuse to 

participate in sexual harassment are also protected against retaliation. If retaliation 

occurs, the District will take further corrective measure. 

Consensual Relationships 

The District is aware that consensual intimate relationships sometimes develop between 

District employees. Although these relationships do not in and of themselves violate this 

sexual harassment policy, the District is sensitive to the potential for such relationships to 

give rise to conditions where sexual harassment might occur, especially where the 

relationship involves supervisor and subordinate. The District therefore adopts the 

following: 

 

 

If current employees become involved in consensual intimate relationships where one 

employee is in a position to directly make or influence employment decisions about 

the other or to directly affect any term or condition of the other’s employment, it is 

the responsibility of the employees to advise the supervisor of the more influential 

employee of the situation. 

The supervisor shall consult with Human Resources regarding the appropriate 

organizational response that will best protect both the District and the employees 

involved. 


60

SECTION 9 

PROCEDURE 105 – EQUAL EMPLOYMENT 

OPPORTUNITY (EEO) DISCRIMINATION OR 

HARASSMENT COMPLAINTS 


61


62

Section 9 - Procedure 105 Equal Employment Opportunity (EEO) 

Discrimination or Harassment Complaints 

Procedure 105 

EQUAL EMPLOYMENT OPPORTUNITY 

(EEO) DISCRIMINATION/HARASSMENT 

COMPLAINTS 

EFFECTIVE 12 MAR 13 

SUPERSEDES 17 JAN 12 

LEAD DEPARTMENT 

PURPOSE - This procedure assigns responsibilities within the District for investigating and resolving 

grievances and complaints filed with the Affirmative Action (AA) Office alleging Equal Employment 

Opportunity (EEO) discrimination or harassment (including sexual harassment) to assure prompt, 

consistent, and appropriate action. 

ADMIN 

Forms Used Q-006 - EEO Discrimination/Harassment Complaint (from AA Office) 

PE-105 - Statement of Grievance (from Locals 2019, 444, 39 and 21) 

What Constitutes 

Unlawful EEO 

Discrimination/ 

Harassment 

The District’s AA/EEO Policy 1.01 – Equal Employment Opportunity - prohibits 

discrimination/ harassment based on the following protected group status: gender 

including gender identity or expression, race, color, religious creed, national origin, 

ancestry, age, physical or mental disability (including AIDS and HIV), medical 

condition (cancer), genetic information, marital or domestic partnership status, 

sexual orientation, veterans or any other status protected by state and federal laws. 

Policy 1.01 also prohibits discrimination or harassment based on the authorization of 

leave under the Family and Medical Leave Act and Pregnancy Disability Act. In 

addition, Policy 1.07 – Prevention of Sexual Harassment in the Workplace - 

specifically addresses the prevention of sexual harassment. 

Examples of EEO discrimination include: 

 

 

 

Disparate Treatment in any aspect of employment based on a person’s 

protected group status 

Denial of Reasonable Accommodation to a qualified disabled employee or 

prospective employee 

Retaliation for having opposed illegal discrimination or harassment, or for 

having participated as a witness or complainant in an investigation of 

discrimination. 

EEO harassment (including sexual harassment) is a form of EEO discrimination and 

may include, but is not limited to: 

 

Verbal Conduct such as epithets, derogatory comments, or slurs based on a 

protected group status; or unwanted sexual advances, invitations or comments. 

This conduct also includes verbal abuse of a sexual nature, graphic verbal 

commentaries about an individual’s body, sexually degrading words used to 

describe an individual, suggestive or obscene letters, notes, or invitations 


63

Equal Employment Opportunity (EEO) 

Discrimination/Harassment Complaints 

NUMBER 

PAGE NO.: 

105 

2 

 

 

 

 

 

 

EFFECTIVE DATE 

12 MAR 13 

Visual Conduct such as leering, making sexual gestures, displaying sexually 

suggestive or derogatory objects, posters, cartoons, drawings, or e-mail 

messages based on a person’s protected group status 

Physical Conduct such as assault, blocking normal movement, or interference 

with work directed at an individual because of his/her gender or other protected 

basis 

Threats or Demands to submit to sexual requests in order to keep a job or 

affecting other employment status 

Offers of employment benefits in return for sexual favors 

Retaliation for having resisted or reported the harassment, or for having 

participated in a harassment investigation. 

Filing a 

Complaint of 

Discrimination or 

Harassment 

Any employee who believes that he or she has experienced EEO discrimination or 

harassment is encouraged to file a complaint within thirty (30) working days of the 

last discriminatory or harassing incident. 

The District encourages the early reporting of conduct which can reasonably be 

construed as EEO discrimination or harassment. Early reporting permits more 

accurate investigation. 

The complainant has the responsibility to provide accurate and complete information 

that is pertinent to the complaint filed. 

Step 1: How To File 

All complaints filed with the District should be submitted with a completed Form Q- 

006, EEO Discrimination/Harassment Complaint Form which may be obtained at the 

AA Office. If the complaint is filed as a grievance, the appropriate grievance form 

must be used in addition to the Form Q-006. 

An EEO grievance or complaint may be filed with: 

 

 

 

the employee’s supervisor; 

the Affirmative Action Officer; or 

the employee’s union steward. 

All complaint/grievance information must be handled as confidential material. 

Supervisors, other District officials, and Union Stewards should immediately forward 

the EEO grievance or complaint to the AA Office in a sealed envelope, and follow 

the procedures detailed on page 5. 


64



Right to File With an External Agency 

NUMBER 

PAGE NO.: 


105 

3 

12 MAR 13 

All employees have a right to file with an external agency. The statute of limitation to 

file a complaint with the California Department of Fair Employment and Housing 

(DFEH) or the Equal Employment Opportunity Commission (EEOC) is 365 calendar 

days and 300 calendar days, respectively, from the last discriminatory incident. The 

DFEH may be contacted by calling 1 (800) 884-1684. The phone number for the 

EEOC is (510) 637-3230. 

Step 2: The Intake Interview 

Within 10 working days of receipt of a completed Form Q-006, the AA Officer or 

designated staff will schedule an intake interview. The intake interview appointment 

will be scheduled for the earliest date the complainant and staff are available. 

During the intake interview the complainant must clearly state the basis upon which 

the charge of discrimination is filed and the specific employment action about which 

he/she is complaining. 

The AA Officer will determine if the complaint meets jurisdictional requirements. To 

meet jurisdictional requirements, the complainant must fulfill the following: 

 

 

Timeliness—complaint should be filed within 30 working days, and 

Prima Facie—complainant must provide initial information which would lead the 

AA Officer to infer, absent other evidence, that discriminatory conduct may have 

occurred based on the complainant’s protected group status. 

Notification 

The AA Officer will notify the complainant whether or not their complaint was 

accepted within 20 working days of the intake interview. The AA Officer or 

responsible manager will notify the person alleged to have engaged in the 

discriminatory behavior (respondent) within 20 working days of the intake interview 

only if the complaint is accepted. 

Step 3: Investigation 

All formal EEO investigations will be conducted by the AA Officer or a qualified EEO 

investigator designated by the AA Officer. 

To maintain confidentiality to the fullest extent possible, the investigation will be 

conducted in a manner which will limit the dissemination of information. 


65



NUMBER 

PAGE NO.: 


105 

4 

12 MAR 13 

Components of the investigation will include: 

 

 

 

Interviews with the complainant and respondent; 

Interviews with witnesses identified by the complainant and respondent, and 

any other witnesses deemed appropriate by the investigator; and 

Review of personnel records and other relevant documents. 

Prior to being interviewed, the complainant and respondent will be notified that a 

union representative or another District person may be present during their 

interview. 

Intentionally deceiving or misleading an investigator will not be tolerated and 

constitutes falsehood under Policy 2.05 Discipline Policy, which requires disciplinary 

action up to termination of employment. 

Depending on the situation, temporary measures to restrict and/or eliminate contact 

between parties under investigation may be necessary. Such actions may include 

separating the employees, temporarily reassigning one or both, and/or restricting 

their work activities or locations until the investigation is complete and appropriate 

corrective actions are taken. If it becomes necessary to remove an employee from 

the workplace during an EEO investigation, the employee may receive paid leave. 

Step 4: Possible Outcomes 

All investigations will result in one of the following conclusions: 

 

 

 

Discrimination/harassment not found if the conclusion is that the complaint 

lacks merit or the incident did not constitute a violation of District EEO policy; 

Insufficient evidence to find discrimination or harassment if the alleged actions 

are uncorroborated, or a determination cannot be made based on the 

information available; or 

Discrimination/harassment found if there is an admission or sufficient 

evidence that an EEO policy violation occurred. 

Step 5: Appeals 

If the complainant or respondent is dissatisfied with the report of findings issued by 

the AA Officer, either may submit to the AA Officer a written response within 15 

working days. The response must clearly detail the concerns about specific findings. 

The AA Officer will consider the issues raised in the response and determine if 

additional evidence or investigation deemed material to the findings is required. 


66



NUMBER 

PAGE NO.: 

105 

5 


12 MAR 13 

If the AA Officer determines that no further investigation is necessary, the employee 

has exhausted the District administrative channels for addressing the complaint 

through the AA Office. 

If the employee filed the EEO complaint as a union grievance, the employee may 

pursue the appeals available through the respective Memorandum of 

Understanding. 

The employee may also pursue the complaint through an external agency –the 

DFEH and/or the EEOC (refer to page 2, Right to File With an External Agency). 

Step 6: Sanctions 

Management, in conjunction with Employee Relations, is responsible for taking 

corrective/disciplinary actions to end discrimination or harassment and correct the 

behavior that led to the incident/complaint. Depending upon the severity of the 

conduct, these actions may include, but are not limited to: 

 

 

 

 

 

 

 

 

apology from the respondent; 

letter of counseling; 

written warning; 

training; 

mandatory counseling; 

suspension; 

reassignment, transfer, demotion; and/or 

discharge. 

Prohibition Against Retaliation 

District policy and state law prohibits retaliation against employees who complain 

about EEO discrimination or harassment, or who provide information as part of any 

EEO investigation. Any such retaliation is itself a violation of Policies 1.01 and 1.07, 

regardless of whether or not the original complaint is sustained. 

Periodic and regular follow-up by the supervisor or the AA Officer shall be taken to 

monitor the workplace for discriminatory or harassing behavior, and to check if 

retaliation is occurring. Employees are also responsible for notifying the AA Officer 

or supervisor if retaliation occurs. 

Supervisor’s 

Responsibilities 

Supervisors at all levels act on behalf of the District. A supervisor’s duties include 

monitoring his or her work unit for discriminatory or harassing behavior and taking 

appropriate steps to stop and correct behavior that violates District EEO policy. At 

the same time, supervisors must enforce policy as well as adhere to it. Each 

supervisor is expected to familiarize himself or herself with the District’s policies on 

discrimination and harassment (Policies 1.01 and 1.07), to incorporate them into his 

or her own behavior, and to inform employees in the work unit to do the same. 


67



NUMBER 

PAGE NO.: 

105 

6 


12 MAR 13 

Supervisors must also be familiar with this EEO Discrimination/ Harassment 

Complaint Procedure and be ready to assist employees (including those who do not 

report directly to them) who wish to lodge complaints. Supervisors must regard all 

complaints of EEO discrimination or harassment seriously. They should not ignore 

or minimize such complaints or otherwise discourage employees from reporting 

them. 

All discussions with individuals involved or potentially involved in an EEO 

discrimination or harassment complaint shall be conducted to obtain an 

understanding of the facts and circumstances and shall be done in an objective, 

non-accusatory fashion. During the discussion, the employee(s) should be told to 

maintain confidentiality and not to discuss the situation with coworkers due to the 

sensitive nature and the potential for unsubstantiated rumors. The supervisor shall 

immediately confer with the AA Officer to determine further actions to be taken. (All 

formal EEO investigations will be conducted by the AA Officer or a qualified EEO 

investigator designated by the AA Officer.) 

If, after the supervisor’s preliminary inquiry and consultation with the AAO, the 

infraction is considered minor and resolved between the parties, the incident and 

actions taken will be documented in writing by the supervisor, and forwarded to the 

AA Officer. 

Harassment 

In cases of potential harassment, including sexual harassment, supervisors have a 

legal responsibility to take action if they know or should have known of a harassing 

situation. When a supervisor learns of, observes, has reason to believe, or is 

informed of a potential harassment situation, the supervisor shall consult with the 

AA Officer as outlined above. The supervisor, upon learning of a possible 

harassment incident, especially sexual harassment, is required to take action to 

address the concern regardless of the victim’s stated desire to pursue or not to 

pursue the matter. 

References 

Policy 1.01 - Equal Employment Opportunity (EEO) 

Policy 1.07 - Prevention of Sexual Harassment in the Workplace 

Policy 2.05 - Discipline Policy 


68

C O N F I D E N T I A L 

 

 

Name of Complainant (person filing complaint) 

Location (Department) 

Complainant’s Supervisor 

Name of Respondent (person named in the complaint) 

Location (Department) 

Respondent’s Supervisor 

EQUAL EMPLOYMENT OPPORTUNITY (EEO) 

EMPLOYMENT DISCRIMINATION/ 

HARASSMENT COMPLAINT FORM 

Employee No. 

- - 

Telephone No. 

- - 

Telephone No. 

- - 

Telephone No. 

- - 

Telephone No. 

BASIS OF DISCRIMINATION (Check appropriate box(es) and specify protected group status): 

Age Genetic Information Religious Creed 

Ancestry Marital/Domestic Partnership Status Sexual Orientation 

Color Medical Condition (Cancer) Veteran Status 

Disability (Mental or Physical) National Origin Other 

FMLA Pregnancy Non EEO 

Gender, Gender Identity or Expression 

ISSUES (Check appropriate box(es)): 

Denial of Reasonable Accommodation 

Race 

Denial of Transfer 

Disciplinary Action 

Harassment Reprisal/Retaliation Sexual Harassment Other 

SPECIFY ways in which respondent is alleged to have discriminated (use additional page, if necessary): 

Failure to Hire/Promote 

DATE most recent discrimination took place: 

ACTION requested by complainant: 

To initiate a complaint of discrimination within the District, this form should be filed with the Affirmative 

Action Officer within 30 working days of the most recent discriminatory incident. Mail in a sealed envelope 

to M/S 601. Retaliation against an employee for filing a complaint is a violation of District policy. 

Signature of Complainant 

Date Filed 

Q-006 • 12/11 Employment Discrimination/Harassment Complaint Form.doc 


69


70

SECTION 10 


FOR PERSONS WITH DISABILITIES 


71


72

Section 10 - Affirmative Action Plan for Persons with Disabilities 

Introduction 

EBMUD believes that each individual is entitled to equal opportunity in employment. The 

following plan details the steps being taken by the District to ensure equal opportunity for 

disabled individuals. 

Policy 

Federal and State statutes and implementing guidelines and regulations, including the 

American with Disabilities Act as amended, the California Fair Employment Practices Act, 

and the Municipal Utility District Act provide the basis for the District’s Affirmative 

Action Plan for the Disabled. Both the state and federal laws require employers to provide 

a workplace that is free from discrimination against individuals with disabilities, and to 

provide reasonable accommodation to qualified disabled individuals unless to do so would 

constitute an undue hardship to the employer. 

The District’s EEO and ADAAA policies prohibit discrimination on the basis of physical 

or mental disability. The District will assure that qualified disabled individuals receive 

equal opportunity in employment and advancement consistent with job performance 

requirements. 

Responsibility 

The responsibilities of District employees to uphold and support the principles set forth in 

the EEO policy are delineated in Section IV of the Affirmative Action Plan. 

Policy Dissemination 

Positive steps will continue to be taken to ensure that all District personnel and other 

interested persons and community groups will be informed of the District’s EEO and 

ADAAA Policies with regards to the employment of disabled individuals. 

Internal and external dissemination of the policies regarding disabled persons is consistent 

with the District’s procedure described in Section VII of the Affirmative Action Plan. 

Affirmative Actions 

EBMUD will make reasonable accommodations to the physical and mental limitations of 

an employee or applicant to the extent that such accommodation will not impose undue 

hardship on District operations. 

Each disabled applicant or employee is dealt with on an individual basis. Reasonable 

accommodations are made whenever possible. The District makes every reasonable effort 

to provide suitable employment for those employees who become disabled while employed 

by the District. 


73

Outreach and recruitment with community groups serving the disabled, such as the 

Department of Rehabilitation, will continue, and other resources will be identified. 

A careful job analysis has been conducted to support District selection procedures. Each 

job analysis is conducted by an analyst thoroughly familiar with the District’s EEO and 

ADAAA policies and commitments. The job analysis provides a regular review of job 

duties and the physical and mental requirements of each job classification. The job 

analysis ensures that minimum requirements for all District jobs are job related and 

consistent with safe and effective job performance. In addition, the job analysis identifies 

the essential functions of a job, which are used when evaluating requests for reasonable 

accommodations. 

Selection procedures are regularly evaluated to ensure that they are job related and free 

from barriers that would limit disabled persons from access to jobs for which they are 

qualified. 

Qualifications Appraisal Board members will continue to be briefed on equal employment 

opportunity and merit principles as the basis for selection decisions. Included in this 

briefing is a discussion of EBMUD’s commitment to nondiscrimination of disabled 

individuals. 

Management and supervisory employees will continue to be trained in interview 

procedures, selection guidelines, EEO and ADAAA policies and procedures, and AAP 

provisions. 


74

SECTION 11 


FOR DISABLED VETERANS, 

AND OTHER PROTECTED VETERANS 


75


76

Section 11 - Affirmative Action Plan for Special Disabled Veterans and Other 

Protected Veterans 

Introduction 

The Veteran’s Employment Opportunities Act of 1998, as amended, is the basis for the 

District’s Affirmative Action Program for special disabled veterans and other veterans who 

while serving on active duty in the Armed Forces, participated in a United States military 

operation for which an Armed Forces service medal was awarded pursuant to Executive 

Order 12985. The Act requires affirmative action to employ and advance in employment 

qualified disabled veterans and other covered veterans. 

The term “special disabled veteran” means a veteran who is entitled to compensation under 

laws administered by the Department of Veterans Affairs for a person who was discharged 

or released from active duty because of a service-connected disability. The term “veteran” 

in this context means a person who served on active duty during a war, or in a campaign or 

expedition for which a campaign badge has been authorized. In addition, the person must 

have been discharged or released with other than a dishonorable discharge. The term 

“serious employment handicap” means a significant impairment of a veteran’s ability to 

prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes 

and interests. 

The term “qualified disabled veteran” and “qualified covered veteran” mean veterans, as 

defined above, who are capable of performing a particular job. 

Policy 

The District’s EEO Policy specifically includes all covered veterans as defined under the 

applicable laws. The District shall take affirmative action to ensure that qualified disabled 

veterans and qualified veterans receive equal opportunity in employment and advancement. 

Responsibility 

The responsibilities of District employees to uphold and support the principles set forth in 

the EEO policy are delineated in Section IV of the Affirmative Action Plan. 

Policy Dissemination 

Positive steps will continue to be taken to ensure that all District personnel and other 

interested persons and community groups are informed of the District’s EEO Policy with 

regards to the employment of disabled veterans and other protected veterans. 

Affirmative Actions 

EBMUD will make reasonable accommodations to the physical and mental limitations of 

disabled veterans to the extent that such accommodation will not impose undue hardship on 

District operations. 

Outreach and recruitment with community groups serving veterans and the disabled, such 

as the Employment Development Department, will continue, and other sources will be 

identified. 


77

A careful job analysis has been conducted to support every selection procedure. Each job 

analysis is conducted by an analyst thoroughly familiar with the District’s AA/EEO 

policies and commitments. The job analysis provides a regular review of job duties and the 

physical and mental requirements of each job classification. The job analysis ensures that 

minimum requirements for all District jobs are job related and consistent with safe and 

effective job performance. In addition, the job analysis identifies the essential functions of 

a job which are used when evaluating requests for reasonable accommodations. 

Selection procedures are regularly evaluated to ensure that they are job related and free 

from barriers that would limit special disabled veterans, veterans from the Vietnam era, and 

other protected veterans, from access to jobs for which they are qualified. 

Qualification Appraisal Board members will continue to be briefed on equal employment 

opportunity and merit principles as the basis for employment decisions. Included in this 

briefing is a discussion of EBMUD’s commitment to equal consideration for the disabled 

and veterans. 

Management and supervisory employees will continue to be trained in interview 

procedures, selection guidelines, EEO policies and procedures, and AAP provisions. 


78

APPENDIX 

Glossary of Terms Page 81 

Job Group Listings Page 85 

Alphabetical Listing of Classifications Page 91 

Goal Setting Methodology & Workforce 

Analysis Data 

Page 99 


79


80

APPENDIX 

Glossary of Commonly Used Terms in Affirmative Action 

AA/AAP: Commonly used “shorthand” references for Affirmative Action/Affirmative Action 

Plan 

Adverse Impact: A substantially different rate of selection in hiring, promoting, transferring, 

training, or in other employment decisions which works to the disadvantage of members of a race, 

ethnic or gender group. If such a rate is less than 80% of the selection rate of the race, ethnic or 

gender group with the highest rate of selection, this will generally be regarded as evidence of 

adverse impact. 

Affirmative Action: Results-oriented actions taken to assure that positions in the public service 

are genuinely and equally accessible to qualified persons, without regard to their gender identity or 

expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability 

(including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic 

partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any 

other status protected by state and federal laws. When an employer has reason to believe that its 

selection procedures have an exclusionary effect, it should initiate affirmative steps to remedy the 

situation. Where appropriate, it includes goals and timetables to address underutilization and 

correction of problem areas. 

Affirmative Action vs. EEO: Affirmative Action is proactive. EEO is the commitment by the 

employer not to discriminate in personnel practices based on gender identity or expression, race, 

color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS 

and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, 

sexual orientation, veterans, pregnancy, family or medical leave status, or any other status 

protected by state and federal laws. 

Affirmative Action Plan: The written results-oriented program in which an employer sets forth 

the specific actions it will take to address under representation of women and minorities in its work 

force. 

African-American: A person with origins in any of the African racial groups who is also not of 

Hispanic origin. 

American Indian or Alaskan Native (Native Americans): A person with origins in any of the 

original peoples of North America and who maintains cultural identification through tribal 

affiliation or community recognition. 

Annual Goal: A reasonably attainable yearly target, expressed as a percentage, for placing 

minorities or women in a job group for which underutilization exists if every good effort is applied 

to make all aspects of the entire affirmative action program work. This target is based on the 

underutilized group’s availability. 

Asian or Pacific Islander: A person with origins in any of the original peoples of the Far East, 

Southeast Asia, the Indian subcontinent, or the Pacific Islands. 


81

Glossary (continued) 

Availability: The number of women and minorities in the relevant labor market (i.e., state or 

county), including those already employed by the organization, who possess the requisite skills for 

a particular group of jobs (usually expressed as a percentage). 

Disability: A physical or mental impairment that limits one or more major life activities; record of 

such impairment, or perception by others of such impairment. 

Discrimination: Illegal treatment, either intentional or unintentional, having adverse effects on 

the employment of a person or group based on gender identity or expression, race, color, religious 

creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), 

medical condition (cancer), genetic information, marital or domestic partnership status, sexual 

orientation, veterans, pregnancy, family or medical leave status, or any other status protected by 

state and federal laws. 

Disparate Treatment: A form of discrimination that occurs when an individual is treated 

differently and adversely affected because of his/her protected group status. 

Employment Process: Under Title VII, the employment process includes recruitment, applicant 

flow, job placement, compensation, promotion, transfer, termination, shift assignments, 

geographical and departmental assignments, and all other activities. 

Equal Employment Opportunity (EEO): Administering all terms and conditions of employment 

without regard to gender identity or expression, race, color, religious creed, national origin, 

ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), 

genetic information, marital or domestic partnership status, sexual orientation, veterans, 

pregnancy, family or medical leave status, or any other status protected by state and federal laws. 

Equal Employment Opportunity Commission (EEOC): The federal agency created as a part of 

the Civil Rights Act of 1964, which is responsible for enforcement of Title VII of that law, as well 

as the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the 

Americans with Disabilities Act. 

Goals: A placement goal is established by an employer in response to identified underutilization 

of minorities or women in certain job categories. Placement goals are also to measure progress 

toward achieving equal employment opportunity. The employer agrees to make good faith efforts 

to achieve the goals. As part of an employer’s Affirmative Action Program, goals must be 

expressed in both numbers and percentages. 

Good Faith Efforts: A term used by federal compliance agencies to describe proactive activities 

in the employer’s Affirmative Action Plan that assists progress towards meeting the AA goals. 

Harassment: Any verbal, visual or physical conduct, which creates an intimidating, hostile, or 

offensive work environment for an individual due to his/her gender identity or expression, race, 

color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS 

and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, 

sexual orientation, veterans, pregnancy, family or medical leave status, or any other status 

protected by state and federal laws. 

Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South America, or other 

Spanish cultures or origins. (Persons of Portuguese culture or origin are not included.) 


82

Glossary (continued) 

Job Group: A grouping of job classifications in particular occupational areas, such as General 

Clerical. 

Minorities: All persons classified as African-American (not of Hispanic origin), Hispanic, Asian 

or Pacific Islander, American Indian or Alaskan Native. 

Office of Federal Contract Compliance Programs (OFCCP): A section within the 

Employment Standards Administration Division of the U.S. Department of Labor responsible for 

monitoring the compliance of federal contractors with the affirmative action executive orders and 

regulations. 

Parity: The employment of women and minorities in percentages approximating the rates at 

which members of those groups are available for employment in the labor force. 

Protected Class: A group of people of the same race, sex, color, age, religion, ancestry or 

national origin, whose employment rights are protected under Title VII of the Civil Rights Act. 

Other laws also protect groups on the basis of physical or mental disability, age and veteran status. 

Quota: Mandated hiring quotas (usually by head count). These have no place in affirmative 

action compliance. They are seen as rigid and inflexible and do not foster the intent of affirmative 

action. 

Recruitment Area: The geographical area from which an agency draws applicants for 

employment. The area usually varies, depending on the particular job classifications. 

Sexual Harassment: Unwelcome sexual advances, request for sexual favors and other verbal or 

physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly 

or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of 

such conduct by an individual is used as the basis for employment decisions affecting such 

individual, or (3) such conduct has the purpose of unreasonably interfering with the individual’s 

work performance or creating an intimidating, hostile or offensive work environment. 

Timetables: An employer’s target dates for meeting goals established to increase representation 

of minorities and women in job groups where they are underutilized. 

Underutilization: When the percentage of minorities or women employed in a particular job 

group is less than would reasonably be expected given their availability percentage in that 

particular job group, there is an underutilization of minorities or women that must be addressed by 

establishing a placement goal for that job group. 

Upward Mobility: Removal of artificial barriers to individuals advancing into mid-level and 

senior corporate management, i.e. the “glass ceiling”. This is generally accomplished through 

efforts to eliminate discriminatory barriers and through training programs. 

White, Not of Hispanic Origin: A person with origins in any of the original peoples of Europe, 

North Africa, or the Middle East who is not of Hispanic origin. 

Work Force: The total of all permanent authorized positions within an agency. 

Work Force Analysis: A statistical study of the numbers and percentages of employees in the 

organization by race, sex, and ethnic origin in each position classification or job group. 


83


84

Job Group Listings 

The Job Group Listings have been updated to include new and retitled classifications. 

Directors/Managers 

Assistant General Counsel 

Chief Trial Attorney 

Controller 

Customer Services Manager 

Director of Administration 

Director of Engineering & Construction 

Director of Finance 

Director of Operations & Maintenance 

Director, Wastewater 

Director, Water & Natural Resources 

Engineering Manager 

Environmental Affairs Officer 

Information Systems Division Manager 

Manager of Budget 

Manager of Business Continuity 

Manager of Customer & Community Services 

Manager of Customer Services 

Manager of Distribution Maintenance & Const. 

Manager of Employee Development 

Manager of Employee Relations 

Manager of Employee Services 

Manager of Environmental Compliance 

Manager of Facilities Maint. & Construction 

Manager of Fishery & Wildlife 

Manager of Fleet & Construction Support 

Manager of Human Resources 

Manager of Information Systems 

Manager of Laboratory Services 

Manager of Natural Resources 

Manager of Operations/Maintenance Planning 

Manager of Pipeline Construction 

Manager of Purchasing 

Manager of Real Estate Services 

Manager of Recruitment& Classification 

Manager of Regulatory Compliance 

Manager of Regulatory Planning and Analysis 

Manager of Security and Emergency 

Preparedness 

Manager of Source Control 

Directors/Managers (continued) 

Manager of Wastewater Engineering 

Manager of Wastewater Environmental Services 

Manager of Wastewater Treatment 

Manager of Water Conservation 

Manager of Water Meters 

Manager of Water Quality 

Manager of Water Supply 

Manager of Water Supply Improvements 

Manager of Water System 

Manager of Water Treatment 

Manager of Watershed & Recreation 

Manager of Workplace Health and Safety 

Operations and Maint. Department Manager 

Risk Manager 

Secretary of the District 

Special Assistant I-V 

Treasury Manager 

Programmers 

Information Services Supervisor 

Information Systems Administrator I-II 

Information Systems Support Analyst I-II 

Information Technology Intern I-II 

Network Analyst I-III 

Principal Information Systems Analyst 

Programmer Analyst I-II 

Senior Programmer Analyst 

Senior Systems Programmer 

Supervising Systems Programmer 

Systems Programmer I-II 

Analysts 

Affirmative Action Officer 

Classification and Pay Administrator 

Community Affairs Representative I-II 

Contract Equity Administrator 

HRIS Analyst I-II 

Human Resources Analyst I-II 

Management Analyst I-III 

Principal Management Analyst 


85


Analysts (continued) 

Public Information Representative I-III 

Senior Community Affairs Representative 

Senior HRIS Analyst 

Senior Human Resources Analyst 

Senior Public Information Representative 

Technical Trainer 

Workers’ Compensation Administrator 

Other Professionals 

Accountant I-III 

Accounting & Financial Systems Analyst 

Accounting Systems Supervisor 

Assistant Capital Projects Coordinator 

Assistant Planner 

Assistant Water Resources Specialist 

Associate Architect 

Associate Planner 

Associate Water Resources Specialist 

Attorney I-III 

Building Tenant Services Supervisor 

Buyer I-II 

Cost Estimator 

Industrial Water Conservation Representative 

Internal Auditor 

Internal Auditor Supervisor 

Junior Water Resources Specialist 

Law Clerk 

Purchasing Contract Supervisor 

Real Estate Representative I-II 

Security & Emergency Preparedness Specialist 

Senior Acctng. & Financial Systems Analyst 

Senior Real Estate Representative 

Supervising Accountant 

Supervisor of Water Conservation 

Water Conservation Administrator/Supervisor 

Water Conservation Representative 

Water System Planning Analyst 

Science Professionals 

Chemist I-II 

Environmental Health/Safety Specialist I-II 

Fisheries/Wildlife Biologist I-II 

Laboratory Supervisor 

Microbiologist I-II 


Science Professionals (continued) 

Quality Assurance Officer 

Research Chemist 

Research Microbiologist 

Senior Chemist 

Senior Environmental Health/Safety Specialist 

Senior Microbiologist 

Supervising Fisheries/Wildlife Biologist 

Administrative Assistants 

Accounting Technician 

Administrative Assistant 

Administrative Secretary I-II 

Administrative Secretary I-II, Confidential 

Administrative Services Supervisor 

Assistant To The General Manager 

Executive Assistant I-II 

Human Resources Technician 

Legal Secretary I-II 

Litigation Secretary 

Office Assistant, General Manager’s Office 

Public Affairs Specialist 

Risk Management Assistant 

Senior Legal Secretary 

General Clerical 

Account Clerk I-III 

Administrative Clerk 

Administrative Clerk, Confidential 

Dispatch/Contact Center Rep. 

Messenger-Mail Clerk 

Senior Administrative Clerk. 

Senior Administrative Confidential 

Senior Messenger-Mail Clerk 

Senior Word Processing Specialist 

Telephone/Radio Operator 

Word Processing Specialist II 

Customer Services 

Customer Services Representative I-III 

Customer Services Supervisor 

Dispatch/Contact Center Representative 

Field Services Representative I-II 

Meter Reader I-II 

Meter Reading Foreman 

86


Customer Services (continued) 

New Business Representative I-II 

Senior Customer Services Representative 

Senior Field Services Representative 

Senior New Business Representative 

Water Conservation Technician 

Technicians 

Computer Operations Supervisor 

Computer Operations Technician 

Corrosion Control Technician 

Electronic Technician 

Fisheries/Wildlife Aide 

Fisheries/Wildlife Technician 

Information Systems Specialist I-III 

Materials Inspector 

Materials Testing Supervisor 

Materials Testing Technician I-II 

Paralegal 

Printing Technician I-II 

Senior Facility Technician 

Senior Printing Technician 

Supervising Information Syst. Supp. Spec. 

Plant Operators 

Hydroelectric Power Plant Mechanic 

Hydroelectric Power Plant Operator I-II 

Power Plant Mechanic/Operator 

Senior Water Distribution Operator 

Senior Water Treatment Operator 

Treatment Plant Specialist 

Wastewater Plant Operator I-II 

Wastewater Plant Operator Trainee 

Water Distribution Operator 

Water Treatment Operator 

Water Trtmnt/Dist. Operator Trainee 

Plant Operators Lead/Supervisors 

Assistant Superintendent Aqueduct/Pardee 

Assistant Supt., Water Treatmnt & 

Distribution 

Assistant Wastewater Shift Supervisor 

Plant Operators Lead/Supervisors (Cont.) 

Hydroelectric Power Plant Supervisor 

Pardee Water/Wastewater Supervisor 

Power Treatment Plant Maintenance Supt. 

Power Plant Supervisor 

Superintendent of Aqueduct Section 

Superintendent of Pardee Section 

Superintendent of Water Trtmnt. & Distribution 

Wastewater Operations Coordinator 

Wastewater Shift Supervisor 

Wastewater Treatment Superintendent 

Water Distribution Supervisor 

Water Treatment Supervisor 

Laboratory and Quality Control Technicians 

Laboratory Technician I-III 

Senior Wastewater Control Inspector 

Supervising Microbiologist 

Supervising Wastewater Control Inspector 

Supervising Wastewater Control Representative 

Wastewater Control Inspector I-II 

Wastewater Control Operator 

Wastewater Control Representative 

Water Sampler 

Water Systems Inspector I-II 

Rangers 

Ranger Supervisor 

Ranger/Naturalist I-II 

Senior Ranger/Naturalist 

Engineers 

Assistant Civil Engineer 

Assistant Electrical Engineer 

Assistant Mechanical Engineer 

Associate Civil Engineer 

Associate Control Systems Engineer 

Associate Corrosion Control Specialist 

Associate Electrical Engineer 

Associate Mechanical Engineer 

Junior Engineer 


87


Supervising Engineers 

Senior Civil Engineer 

Senior Control Systems Engineer 

Senior Corrosion Control Engineer 

Senior Electrical Engineer 

Senior Engineering Planner 

Senior Mechanical Engineer 

Supervising Administrative Engineer 

Engineering Technicians 

Assistant Surveying Supervisor 

Chief of Party 

Construction Inspector 

Drafter I-III 

Drafting Supervisor 

Engineering Aide 

Graphic Design Supervisor 

Graphic Designer I-II 

Hydrographer I-III 

Pipeline Designer I-II 

Senior Construction Inspector 

Senior Drafter 

Senior Graphic Designer 

Senior Pipeline Designer 

Supervising Construction Inspector 

Supervising Hydrographer 

Supervising Plant Inspector 

Survey Technician I-II 

Surveying Supervisor 

Pipeline Maintenance 

Concrete Finisher I-II 

Paving Raker A-B 

Pipeline Welder I-III 

Water Distribution Plumber I-IV 

Heavy Equipment/Truck Operators 

Crane Operator 

Dispatcher 

Heavy Equipment Operator 

Heavy Forklift Operator 

Heavy Transport Operator 

Truck Driver II 

Truck Driver II Trainee 

Pipeline Maintenance Lead/Supervisors 

Assistant C& M Superintendent 

Construction & Maintenance Scheduler 

Construction & Maintenance Superintendent 

General Pipe Supervisor 

Maintenance Shift Supervisor 

Paving Crew Foreman 

Pipeline Welding Supervisor 

Senior Supervisor of Maint. Shift Ops. 

Water Distribution Crew Foreman 

Electrical/Structural Maintenance 

Carpenter 

Carpenter Supervisor 

Carpentry Worker I-III 

Electrical Supervisor 

Electrical Technician 

Electrical Worker I-III 

Facility Specialist I-II 

Facility Supervisor 

Facility Technician 

Instrument Maintenance Supervisor 

Instrument Supervisor 

Instrument Technician 

Instrument Worker I-III 

Maintenance Superintendent 

Painter 

Painter Foreman 

Painting Worker I-III 

Plant Electrical Maintenance Supervisor 

Plant Structures Maintenance Supervisor 

Security Shift Supervisor 

Mechanical Maintenance 

Automotive Maintenance Worker I-III 

Automotive Mechanic A&B 

Equipment Superintendent 

Equipment Supervisor 

General Equipment Mechanic 

Heavy Equipment Maintenance Worker I-III 

Heavy Equipment Mechanic 

Machining Maintenance Worker I-III 

Maintenance Machinist 

Maintenance Specialist I-III 


88


Mechanical Maintenance (continued) 

Maintenance Superintendent 

Maintenance Supervisor 

Mechanical Maintenance Worker I-II 

Mechanical Supervisor 

Meter Mechanic I-II 

Meter Mechanic/Backflow Tester 

Meter Repair and Testing Supervisor 

Plant Maintenance Mechanic 

Plant Maintenance Superintendent 

Plant Maintenance Supervisor 

Plant Maintenance Worker I-III 

Plant Mechanical Maintenance Supervisor 

Senior Mechanic 

Senior Meter Mechanic/Backflow Tester 

Service Maintenance 

Automotive Services Attendant I-II 

Gardener I-II 

Gardener Foreman 

Housekeeper 

Janitor 

Janitor Foreman 

Janitor Supervisor 

Materials Specialist 

Materials Storage Foreman 

Materials Storage Supervisor 

Recreation Area Attendant 

Storekeeper I-II 

Stores Supervisor 

Utility Laborer 

No Group Assigned 

General Counsel 



89


90

Alphabetical Listing of Classifications with Corresponding Job Groups 


Classification 

Job Group 

Account Clerk I-III ............................................... General Clerical 

Accountant I-III .................................................... Other Professionals 

Accounting and Financial Systems Analyst ......... Other Professionals 

Accounting Systems Supervisor ........................... Other Professionals 

Accounting Technician ......................................... Administrative Assistants 

Administrative Assistant ....................................... Administrative Assistants 

Administrative Clerk ............................................ General Clerical 

Administrative Clerk, Confidential ...................... General Clerical 

Administrative Secretary I-II ................................ Administrative Assistants 

Administrative Secretary I-II, Confidential ......... Administrative Assistants 

Administrative Services Supervisor I-II ............... Administrative Assistants 

Affirmative Action Officer ................................... Analysts 

Assistant C&M Superintendent ............................ Pipeline Maintenance Lead/Supervisors 

Assistant Capital Projects Coordinator ................. Other Professionals 

Assistant Civil Engineer ....................................... Engineers 

Assistant Corrosion Control Specialist ................. Engineers 

Assistant Electrical Engineer ................................ Engineers 

Assistant General Counsel .................................... Directors/Managers 

Assistant Mechanical Engineer ............................. Engineers 

Assistant Planner ................................................... Other Professionals 

Assistant Superintendent Aqueduct/Pardee .......... Plant Operators Lead/Supervisors 

Assistant Supt. Water Treatment/Distribution ...... Plant Operators Lead/Supervisors 

Assistant Surveying Supervisor ............................ Engineering Technicians 

Assistant To The General Manager ...................... Administrative Assistants 

Assistant Wastewater Shift Supervisor ................. Plant Operators Lead/Supervisors 

Assistant Water Resources Specialist…………… Other Professionals 

Associate Architect ............................................... Other Professionals 

Associate Civil Engineer ....................................... Engineers 

Associate Control Systems Engineer .................... Engineers 

Associate Corrosion Control Specialist…………. Engineers 

Associate Electrical Engineer ............................... Engineers 

Associate Mechanical Engineer ............................ Engineers 

Associate Planner .................................................. Other Professionals 

Associate Water Resources Specialist .................. Other Professionals 

Attorney I-III ......................................................... Other Professionals 

Automotive Maintenance Worker I-III ................ Mechanical Maintenance 

Automotive Mechanic A&B ................................. Mechanical Maintenance 

Automotive Services Attendant I-II ...................... Service Maintenance 

Building Tenant Services Supervisor .................... Other Professionals 

Buyer I-II .............................................................. Other Professionals 

Carpenter ............................................................... Electrical/Structural Maintenance 


91



Job Group 

Carpenter Supervisor ............................................ Electrical/Structural Maintenance 

Carpentry Worker I-III .......................................... Electrical/Structural Maintenance 

Chemist I-II ........................................................... Science Professionals 

Chief of Party ........................................................ Engineering Technicians 

Chief Trial Attorney .............................................. Directors/Managers 

Classification & Pay Administrator ..................... Analysts 

Community Affairs Representative I-II ................ Analysts 

Computer Operations Supervisor .......................... Technicians 

Computer Operations Technician ......................... Technicians 

Concrete Finisher I-II ............................................ Pipeline Maintenance 

Construction & Maintenance Scheduler ............... Pipeline Maintenance Lead/Supervisors 

Construction & Maintenance Superintendent ....... Pipeline Maintenance Lead/Supervisors 

Construction Inspector .......................................... Engineering Technicians 

Contract Equity Administrator .............................. Analysts 

Controller .............................................................. Directors/Managers 

Corrosion Control Technician ............................... Technicians 

Cost Estimator ....................................................... Other Professionals 

Crane Operator ...................................................... Heavy Equipment/Truck Operators 

Customer Services Manager ................................. Directors/Managers 

Customer Services Representative I-III ................ Customer Services 

Customer Services Supervisor .............................. Customer Services 

Director of Administration .................................... Directors/Managers 

Director of Engineering & Construction ............... Directors/Managers 

Director of Finance ............................................... Directors/Managers 

Director of Operations & Maintenance…………. Directors/Managers 

Director, Wastewater ............................................ Directors/Managers 

Director, Water & Natural Resources ................... Directors/Managers 

Dispatch Center Supervisor .................................. Customer Services 

Dispatch/Contact Center Representative. ............. General Clerical 

Dispatcher ............................................................. Heavy Equipment/Truck Operators 

Drafter I-III ........................................................... Engineering Technicians 

Drafting Supervisor ............................................... Engineering Technicians 

Electrical Supervisor ............................................. Electrical/Structural Maintenance 

Electrical Technician ........................................... Electrical/Structural Maintenance 

Electrical Worker I-III .......................................... Electrical/Structural Maintenance 

Electronic Technician ........................................... Technicians 

Engineering Aide .................................................. Engineering Technicians 

Engineering Manager ............................................ Directors/Managers 

Environmental Affairs Officer .............................. Directors/Managers 

Environmental Health/Safety Specialist I-II ......... Science Professionals 

Equipment Superintendent .................................... Mechanical Maintenance 

Equipment Supervisor ........................................... Mechanical Maintenance 

Executive Assistant I-II…………………………. Administrative Assistants 

Facility Specialist I-II ........................................... Electrical/Structural Maintenance 


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Job Group 

Facility Supervisor ................................................ Electrical/Structural Maintenance 

Facility Technician................................................ Electrical/Structural Maintenance 

Field Services Representative I-II ......................... Customer Services 

Fisheries/Wildlife Aide ......................................... Technicians 

Fisheries/Wildlife Biologist I-II ............................ Science Professionals 

Fisheries/Wildlife Technician ............................... Technicians 

Gardener I-II ......................................................... Service Maintenance 

Gardener Foreman ................................................ Service Maintenance 

General Counsel .................................................... Not Assigned 

General Equipment Mechanic ............................... Mechanical Maintenance 

General Manager ................................................... Not Assigned 

General Pipe Supervisor ....................................... Pipeline Maintenance Lead/Supervisors 

Graphic Design Supervisor ................................... Engineering Technicians 

Graphic Designer I-II ............................................ Engineering Technicians 

Heavy Equipment Maintenance Worker I-III ....... Mechanical Maintenance 

Heavy Equipment Mechanic ................................. Mechanical Maintenance 

Heavy Equipment Operator .................................. Heavy Equipment/Truck Operators 

Heavy Forklift Operator ........................................ Heavy Equipment/Truck Operators 

Heavy Transport Operator .................................... Heavy Equipment/Truck Operators 

Housekeeper .......................................................... Service Maintenance 

HRIS Analyst I-II .................................................. Analysts 

Human Resources Analyst I-II.............................. Analysts 

Human Resources Technician............................... Administrative Assistants 

Hydroelectric Power Plant Mechanic ................... Plant Operators 

Hydroelectric Power Plant Operator I-II ............... Plant Operators 

Hydroelectric Power Plant Supervisor .................. Plant Operators Lead/Supervisors 

Hydrographer I-III ................................................ Engineering Technicians 

Industrial Water Conservation Representative ..... Other Professionals 

Information Services Supervisor ........................... Programmers 

Information Systems Administrator I-II ............... Programmers 

Information Systems Division Manager ............... Directors/Managers 

Information Systems Specialist I-III ..................... Technicians 

Information Systems Support Analyst I-II ............ Programmers 

Information Technology Intern I-II……………... Programmers 

Instrument Maintenance Supervisor ..................... Electrical/Structural Maintenance 

Instrument Supervisor ........................................... Electrical/Structural Maintenance 

Instrument Technician .......................................... Electrical/Structural Maintenance 

Instrument Worker I-III ........................................ Electrical/Structural Maintenance 

Internal Auditor ..................................................... Other Professionals 

Internal Auditor Supervisor .................................. Other Professionals 

Janitor .................................................................... Service Maintenance 

Janitor Foreman .................................................... Service Maintenance 

Janitor Supervisor ................................................. Service Maintenance 

Junior Engineer ..................................................... Engineers 


93



Job Group 

Junior Water Resources Specialist ........................ Other Professionals 

Laboratory Supervisor .......................................... Science Professionals 

Laboratory Technician I-III .................................. Laboratory & Quality Control Technicians 

Law Clerk.............................................................. Other Professionals 

Legal Secretary I-II ............................................... Administrative Assistants 

Litigation Secretary ............................................... Administrative Assistants 

Machining Maintenance Worker I-III ................... Mechanical Maintenance 

Maintenance Machinist ......................................... Mechanical Maintenance 

Maintenance Shift Supervisor ............................... Pipeline Maintenance Lead/Supervisors 

Maintenance Specialist I-III .................................. Mechanical Maintenance 

Maintenance Superintendent ................................. Mechanical Maintenance 

Maintenance Supervisor ........................................ Mechanical Maintenance 

Management Analyst I-III ..................................... Analysts 

Manager of Budget……………………………… Directors/Managers 

Manager of Business Continuity………………... Directors/Managers 

Manager of Customer & Community Services ..... Directors/Managers 

Manager of Customer Services ............................. Directors/Managers 

Manager of Distribution Maint. & Const.. ............ Directors/Managers 

Manager of Employee Development .................... Directors/Managers 

Manager of Employee Relations ........................... Directors/Managers 

Manager of Employee Services ............................ Directors/Managers 

Manager of Environmental Compliance ............... Directors/Managers 

Manager of Facilities Maint & Construction ........ Directors/Managers 

Manager of Fishery & Wildlife ............................. Directors/Managers 

Manager of Fleet & Construction Support ............ Directors/Managers 

Manager of Human Resources .............................. Directors/Managers 

Manager of Information Systems .......................... Directors/Managers 

Manager of Laboratory Services ........................... Directors/Managers 

Manager of Natural Resources .............................. Directors/Managers 

Manager of Operations/Maintenance Planning .... Directors/Managers 

Manager of Pipeline Construction ........................ Directors/Managers 

Manager of Purchasing ......................................... Directors/Managers 

Manager of Real Estate Services .......................... Directors/Managers 

Manager of Recruitment & Classification ............ Directors/Managers 

Manager of Regulatory Compliance ..................... Directors/Managers 

Manager of Regulatory Planning and Analysis .... Directors/Managers 

Manager of Security & Emergency Preparedness. Directors/Managers 

Manager of Source Control ................................... Directors/Managers 

Manager of Wastewater Engineering .................... Directors/Managers 

Manager of Wastewater Environmental Services . Directors/Managers 

Manager of Wastewater Treatment ....................... Directors/Managers 

Manager of Water Conservation ........................... Directors/Managers 

Manager of Water Meters ..................................... Directors/Managers 

Manager of Water Quality .................................... Directors/Managers 


94



Job Group 

Manager of Water Supply ..................................... Directors/Managers 

Manager of Water Supply Improvements ............. Directors/Managers 

Manager of Water System .................................... Directors/Managers 

Manager of Water Treatment ................................ Directors/Managers 

Manager of Watershed & Recreation ................... Directors/Managers 

Manager of Workplace Health and Safety ............ Directors/Managers 

Materials Inspector................................................ Technicians 

Materials Specialist ............................................... Service Maintenance 

Materials Storage Foreman ................................... Service Maintenance 

Materials Storage Supervisor ................................ Service Maintenance 

Materials Testing Supervisor ................................ Technicians 

Materials Testing Technician I-II ......................... Technicians 

Mechanical Maintenance Worker I-II ................... Mechanical Maintenance 

Mechanical Supervisor.......................................... Mechanical Maintenance 

Messenger-Mail Clerk .......................................... General Clerical 

Meter Mechanic I-II .............................................. Mechanical Maintenance 

Meter Mechanic/Backflow Tester ......................... Mechanical Maintenance 

Meter Reader I-II .................................................. Customer Services 

Meter Reading Foreman ....................................... Customer Services 

Meter Repair and Testing Supervisor ................... Mechanical Maintenance 

Microbiologist I-II ................................................ Science Professionals 

Network Analyst I-III ........................................... Programmers 

New Business Representative I-II ......................... Customer Services 

Office Assistant, General Manager’s Office ......... Administrative Assistants 

Operations and Maint. Department Manager ........ Directors/Managers 

Painter ................................................................... Electrical/Structural Maintenance 

Painter Foreman .................................................... Electrical/Structural Maintenance 

Painting Worker I-III ............................................ Electrical/Structural Maintenance 

Paralegal ................................................................ Technician 

Pardee Water/Wastewater Supervisor ................... Plant Operators Lead/Supervisors 

Paving Crew Foreman ........................................... Pipeline Maintenance Lead/Supervisors 

Paving Raker A-B ................................................. Pipeline Maintenance 

Pipeline Designer I-II ............................................ Engineering Technicians 

Pipeline Welder I-III ............................................. Pipeline Maintenance 

Pipeline Welding Supervisor ................................ Pipeline Maintenance Lead/Supervisors 

Plant Electrical Maintenance Supervisor .............. Electrical/Structural Maintenance 

Plant Maintenance Mechanic ................................ Mechanical Maintenance 

Plant Maintenance Superintendent ....................... Mechanical Maintenance 

Plant Maintenance Supervisor .............................. Mechanical Maintenance 

Plant Maintenance Worker I-III ............................ Mechanical Maintenance 

Plant Mechanical Maintenance Supervisor ........... Mechanical Maintenance 

Plant Structures Maintenance Supervisor ............. Electrical/Structural Maintenance 

Power and Treatment Plant Maintenance Supvsr. Plant Operators Lead/Supervisors 

Power Plant Mechanic/Operator ........................... Plant Operators 


95



Job Group 

Power Plant Supervisor ......................................... Plant Operators Lead/Supervisors 

Principal Information Systems Analyst ................ Programmers 

Principal Management Analyst ............................. Analysts 

Printing Technician I-II ......................................... Technicians 

Programmer Analyst I-II ....................................... Programmers 

Public Affairs Specialist ....................................... Administrative Assistants 

Public Information Representative I-III ................ Analysts 

Purchasing Contract Supervisor ............................ Other Professionals 

Quality Assurance Officer .................................... Science Professionals 

Ranger Supervisor ................................................. Rangers 

Ranger/Naturalist I-II ............................................ Rangers 

Real Estate Representative I-II ............................. Other Professionals 

Recreation Area Attendant .................................... Service Maintenance 

Research Chemist .................................................. Science Professionals 

Research Microbiologist ....................................... Science Professionals 

Risk Management Assistant .................................. Administrative Assistants 

Risk Manager ........................................................ Directors/Managers 

Secretary of the District ........................................ Directors/Managers 

Security and Emergency Preparedness Specialist . Other Professionals 

Security Shift Supervisor ...................................... Electrical/Structural Maintenance 

Senior Accounting and Financial Systems Analyst Other Professionals 

Senior Administrative Clerk ................................. General Clerical 

Senior Administrative Clerk Conf. ....................... General Clerical 

Senior Chemist ...................................................... Science Professionals 

Senior Civil Engineer ............................................ Supervising Engineers 

Senior Community Affairs Representative ........... Analysts 

Senior Construction Inspector ............................... Engineering Technicians 

Senior Control Systems Engineer ......................... Supervising Engineers 

Senior Corrosion Control Engineer ...................... Supervising Engineers 

Senior Customer Services Representative ............ Customer Services 

Senior Drafter ........................................................ Engineering Technicians 

Senior Electrical Engineer .................................... Supervising Engineers 

Senior Engineering Planner .................................. Supervising Engineers 

Senior Environmental Health/Safety Specialist .... Science Professionals 

Senior Facility Technician .................................... Technicians 

Senior Field Services Representative .................... Customer Services 

Senior Graphic Designer ....................................... Engineering Technicians 

Senior HRIS Analyst............................................. Analysts 

Senior Human Resources Analyst ........................ Analysts 

Senior Legal Secretary .......................................... Administrative Assistants 

Senior Mechanic ................................................... Mechanical Maintenance 

Senior Mechanical Engineer ................................. Supervising Engineers 

Senior Messenger-Mail Clerk ............................... General Clerical 

Senior Meter Mechanic/Backflow Tester ............. Mechanical Maintenance 


96



Job Group 

Senior Microbiologist ........................................... Science Professionals 

Senior New Business Representative .................... Customer Services 

Senior Pipeline Designer ....................................... Engineering Technicians 

Senior Printing Technician ................................... Technicians 

Senior Programmer Analyst .................................. Programmers 

Senior Public Information Representative ............ Analysts 

Senior Ranger/Naturalist ....................................... Rangers 

Senior Real Estate Representative ........................ Other Professionals 

Senior Supervisor of Maintenance Shift Ops. ....... Pipeline Maintenance Lead/Supervisors 

Senior Systems Programmer ................................. Programmers 

Senior Wastewater Control Inspector ................... Laboratory & Quality Control Technicians 

Senior Water Distribution Operator ...................... Plant Operators 

Senior Water Treatment Operator ......................... Plant Operators 

Senior Word Processing Specialist ....................... General Clerical 

Special Assistant I-V ............................................. Directors/Managers 

Storekeeper I-II ..................................................... Service Maintenance 

Stores Supervisor .................................................. Service Maintenance 

Superintendent of Aqueduct Section .................... Plant Operators Lead/Supervisors 

Superintendent of Pardee Section ......................... Plant Operators Lead/Supervisors 

Superintendent of Water Treatment/Distribution . Plant Operators Lead/Supervisors 

Supervising Accountant ........................................ Other Professionals 

Supervising Administrative Engineer ................... Supervising Engineers 

Supervising Construction Inspector ...................... Engineering Technicians 

Supervising Fisheries/Wildlife Biologist .............. Science Professionals 

Supervising Hydrographer .................................... Engineering Technicians 

Supervising Info. Systems Support Specialist ...... Technicians 

Supervising Microbiologist……………………… Laboratory & Quality Control Technicians 

Supervising Plant Inspector .................................. Engineering Technicians 

Supervising Systems Programmer ........................ Programmers 

Supervising Wastewater Control Inspector .......... Laboratory & Quality Control Technicians 

Supervising Wastewater Control Representative .. Laboratory & Quality Control Technicians 

Supervisor of Water Conservation ........................ Other Professionals 

Survey Technician I-II .......................................... Engineering Technicians 

Surveying Supervisor ............................................ Engineering Technicians 

Systems Programmer I-II ...................................... Programmers 

Technical Trainer .................................................. Analysts 

Telephone/Radio Operator .................................... General Clerical 

Treasury Manager ................................................. Directors/Managers 

Treatment Plant Specialist .................................... Plant Operators 

Truck Driver II ...................................................... Heavy Equipment/Truck Operators 

Truck Driver II Trainee ......................................... Heavy Equipment/Truck Operators 

Utility Laborer ...................................................... Service Maintenance 

Wastewater Control Inspector I-II ........................ Laboratory & Quality Control Technicians 

Wastewater Control Operator ............................... Laboratory & Quality Control Technicians 


97



Job Group 

Wastewater Control Representative ...................... Laboratory & Quality Control Technicians 

Wastewater Operations Coordinator ..................... Plant Operators Lead/Supervisors 

Wastewater Plant Operator I-II ............................. Plant Operators 

Wastewater Plant Operator Trainee ...................... Plant Operators 

Wastewater Shift Supervisor................................. Plant Operators Lead/Supervisors 

Wastewater Treatment Superintendent ................. Plant Operators Lead/Supervisors 

Water Conservation Administrator/Supervisor..... Other Professionals 

Water Conservation Representative ...................... Other Professionals 

Water Conservation Technician ............................ Customer Services 

Water Distribution Crew Foreman ........................ Pipeline Maintenance Lead/Supervisors 

Water Distribution Operator ................................. Plant Operators 

Water Distribution Plumber I-IV .......................... Pipeline Maintenance 

Water Distribution Supervisor .............................. Plant Operators Lead/Supervisors 

Water Sampler ...................................................... Laboratory & Quality Control Technicians 

Water System Planning Analyst ........................... Other Professionals 

Water Systems Inspector I-II ................................ Laboratory & Quality Control Technicians 

Water Treatment Operator .................................... Plant Operators 

Water Treatment Supervisor ................................. Plant Operators Lead/Supervisors 

Water Treatment/Distribution Operator Trainee .. Plant Operators 

Word Processing Specialist II ............................... General Clerical 

Workers’ Comp. Manager and Risk Specialist ..... Analysts 


98

Goal Setting Methodology & Workforce Analysis Data 

Goals Setting Methodology 

Underutilization and Availability 

Availability 

The overall objective of an affirmative action plan is to determine if underutilization of 

minorities and women exists, and to establish goals to remedy that underutilization. To 

determine if underutilization exists we compare current representation in the workforce 

(current utilization) to the representation of minorities and women both inside and outside 

of the District (availability). Availability is an estimate of the representation of minorities 

and women available for employment in a given job group. When current utilization is 

less than availability, underutilization exists and a goal is established. 

"Availability" is an estimate of the proportion of each sex and race/ethnic group available 

and qualified for employment at the District for a given job group in the relevant labor 

market during the life of the AAP. Availability indicates the approximate level at which 

each race/ethnic and sex group could reasonably be expected to be represented in a job 

group if East Bay Municipal District's employment decisions are being made without 

regard to gender, race, or ethnic origin. Availability estimates, therefore, are a way of 

translating equal employment opportunity into concrete numerical terms. Correct 

comparisons of incumbency to availability, worthwhile and attainable goals, and real 

increases in employment for problem groups depend on competent and accurate 

availability analyses. With valid availability data, we can compare the percentages of 

those who could reasonably be expected to be employed versus our current employment 

(from the workforce analysis), identify problem areas or areas of deficiency, and establish 

goals to correct the problems. 

Steps in Comparison of Incumbency to Availability 

Identify Availability Factors 

The following availability factors are required of federal government contractors for 

consideration when developing availability estimates for each job group: 

1. External Factor: The external requisite skills data comes from the 2000 Census of 

Population. 

a. Local labor area: Please contact the AA Office to see the Availability 

Analysis for a listing of the local labor areas. 

b. Reasonable labor area: Please contact the AA Office to see the Availability 

Analysis for a listing of the reasonable labor areas. 


99

2. Internal Factor: The percentage of minorities or women among those promotable, 

transferable, and trainable within the contractor’s organization. 

Assign Internal and External Factor Weights: Weights were assigned to each factor for 

each job group. A combination of historical data and experience were used to determine 

the weights. Weights were never assigned in an effort to hide or reduce problem areas. 

Identify Final Availability: Weights were multiplied by the component-specific data to 

produce weighted data for each component. Weighted data for each component was 

summed. This produced a final availability estimate for each sex and race/ethnic group, 

as well as for minorities in the aggregate. 

AA Placement Goal 

The AA Placement Goal represents the target-hiring rate for underutilized minorities and 

women in each job group. Since the composition of job groups change based on the 

addition or deletion of job classifications, placement goals will be adjusted each year to 

reflect the availability of all classifications in a job group. 

Workforce Analysis data 

EBMUD’s workforce analysis includes a profile of the District’s workforce by 

department as required by the Office of Federal Contract Compliance Programs. 

Detailed workforce analysis data is retained by the Affirmative Action Office. 


100

EBMUD 

AGENDA NO. ^> * 

MEETING DATE March 12, 2013 

TITLE 

WELLS FARGO BANK EXTENSION 

m MOTION- • RESOLUTION • ORDINANCE 


Authorize a contract extension with Wells Fargo Bank for commercial banking purposes for an additional 

three-year period from April 1, 2013 through March 31, 2016. 

SUMMARY 

The District requires commercial banking services to support ongoing financial operations. These services 

include the management of water bill payments, check deposits, purchase card transactions and incoming 

and outgoing wire transfers. Effective commercial banking services require a significant integration of 

bank financial systems with those of the District—including our Customer Information (CIS) and 

Financial Information (FIS) systems. 

DISCUSSION 

The District currently contracts with Wells Fargo Bank for commercial banking services. The bank was 

selected through a competitive process on April 5, 2005 and was awarded a 5-year contract with two, 1- 

year extensions. The transition and integration took approximately VA years to fully complete. 

The District recently implemented a new Customer Information System, and is planning the 

implementation of enhancements to web self-service and the development of a new financial information 

system. Staff is recommending the extension of the banking services contract with Wells Fargo to keep 

banking services unchanged while these software improvements are made. The District received fee 

concessions for various services as part of the contract extension including those for general account, 

paper disbursement reconciliation, general automated clearing house, wires, paper disbursement, and 

information services. 

The District will undertake an RPP process for banking services within the next three years. 

FISCAL IMPACT 

Funds are available for this contract in the FY13/14 budget for banking services for $120,000. 

Funds Available FY: FY13-14 


Finance 

DEPARTMENT 

y 

Budget Code: 

yL$NA££R or DIRECTOR 

Eric L. Sandier 

APPROVED 

jeneral Manager

Wells Fargo Bank Extension 

March 12, 2013 

Page 2 

ALTERNATIVES 

Undertake a Request for Proposal (RFP) process. This alternative is not recommended at this time 

because setting up new banking services could have an impact on processing payments and other banking 

related services that are fundamental to the planned web self-service and financial information system 

improvements. 

I:SEC\03-12-13 Board Agenda Items\FIN - BD1 Extension ofWells Fargo Contract 031213.doc

EBMUD 

LQ* 

AGENDA NO. 

MEETING DATE March 12,2013 

TITLE 

AUTHORIZE AN AGREEMENT FOR SACRAMENTO MUNICIPAL UTILITY 

DISTRICT ENERGY-RELATED SERVICES TO CLAY STATION PUMPING PLANT 

m MOTION . 

• RESOLUTION 

• ORDINANCE 


Authorize an agreement with Sacramento Municipal Utility District (SMUD) for energy-related services 

to Clay Station Pumping Plant. 

SUMMARY 

Clay Station Pumping Plant is used to move water from the Freeport Regional Water Facility to 

EBMUD's aqueducts, and EBMUD has an agreement with SMUD to provide energy services for the 

pumping plant. While the pumping plant has a 10.5 Megawatt (MW) capacity, the District's need for 

dedicated electric service at the Clay Station Pumping Plant is not projected to exceed 5.0 MW. The 

agencies have negotiated an agreement that commits EBMUD to reimburse SMUD for the purchase and 

installation of load limiting equipment and with that assurance of load limitations SMUD will charge 

EBMUD at the projected 5.0 MW rather than at the rate of 10.5 MW. This agreement will reduce Clay 

Station Pumping Plant electric costs by approximately $180,000 per year. 

DISCUSSION 

In October 2011, a dispute arose between EBMUD and SMUD regarding charges for the Clay Station 

Pumping Plant. Up to that point, SMUD had billed the District based on the prior 12 months of maximum 

kilowatts (kW) used for the Clay Station Pumping Plant under one of the methodologies in SMUD's rate 

schedule. SMUD re-evaluated its rate methodology and informed EBMUD that the District had been 

incorrectly billed for electric service starting in March 2010. SMUD asserted that the proper billing for the 

facility should have been based on installed capacity instead of demand, and that the determination of the 

applicable facilities charge methodology is in SMUD's sole discretion. 

The difference between demand-based and capacity-based charges would increase EBMUD's costs from 

$13,764 to $28,875 per month or $181,332 per year. Based on the recalculated rates, SMUD informed 

EBMUD that it would not only adjust the rate for future billings but also seek to collect retroactive charge 

from March 2010 to February 1, 2012 in the amount of $439,433. 

Funds Available: FY13 

Budget Code: 

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR 

Water Operations 

Eileen M. White 

l\SEC|03_12_13Agenda Items/SMUD Facilities Charge.doc 

APPROVED 

g*^-/ 

eneral Manager 

Contact the Office of the District Secretary with questions about completing or submitting this form.

Sacramento Municipal Utility District Facilities Charge Agreement 

March 12, 2013 

Page 2 

District staff met with SMUD to seek an amicable resolution to the Clay Station Pumping Plant energy 

services charges. District staff proposed that SMUD bill based on the 5.0 MW of needed capacity instead 

of the installed capacity of 10.5 MW. SMUD agreed to the District's proposal contingent on EBMUD 

agreeing to pay for the installation of load limiting equipment at the Clay Station Pumping Plant to ensure 

that the District would not use in excess of 5.0 MW. 

Both parties have agreed that this agreement is a complete resolution of any and all claims arising from 

the dispute and that further claims will not be raised. Furthermore, the District agrees to indemnity, 

defend, and hold harmless, SMUD, its directors, officers, agents, and employees against all claims, 

expenses, and liabilities asserted against SMUD by any third party arising from or related to the billing 

issues or the terms of the agreement, including any damage caused or related to an event where electricity 

demand exceeds the District contract installed capacity value. 

FISCAL IMPACT 

With the implementation of this agreement, the District will owe SMUD $219,716 in retroactive charges 

for the billing period from March 2010 to February 1, 2012 instead of $439,433. In addition, SMUD 

agreed to base future billings on the 5.0 MW of needed capacity, which will save the District about 

$180,000 per year. Funds for the retroactive and the monthly energy services charges are included in the 

FY13 budget. 

ALTERNATIVE 

Do not execute this agreement. This is not recommended, because the negotiated agreement represents a 

fair resolution of EBMUD and SMUD interests and a significant cost savings to the District.

EBMUD 

AGENDA NO. 

MEETING DATE 

1 

^"^ n/np 

TITLE 

APPLICATION FOR GRANT FUNDING TO THE CALIFORNIA DEPARTMENT 

OF BOATING AND WATERWAYS 

• MOTION m RESOLUTION • ORDINANCE 


Authorize the submission of a grant application to the Local Assistance Loan and Grant Program 

administered by the California Department of Boating and Waterways (DB&W) to support the District's 

San Pablo Reservoir Boat Launch Facility Improvement Project in the amount of $2,700,000 and 

designate Scott Hill, Manager of Watershed and Recreation, as the authorized District representative 

should the grant be awarded. 

SUMMARY 

The Department of Boating and Waterways' mission is to provide safe and convenient public access to 

California's waterways. The Department fulfills this mission in part through its Local Assistance Loan and 

Grant Programs. The Local Assistance Loan and Grant Programs assist cities, counties, districts, other 

governmental agencies, marinas, and port districts, in the development and improvement of marinas and boat 

launching facilities. DB&W has partnered with the District to prepare a project proposal, San Pablo 

Reservoir Boat Launch Facility Improvement Project. DB&W requires a resolution authorizing 

submission of the grant application and designating a District representative to execute the contracts and 

other documents related to the grant, including provisions for indemnification. Scott Hill, Manager of 

Watershed and Recreation, is recommended as the District's authorized representative for this grant 

project. 

DISCUSSION 

The San Pablo Reservoir Boat Launch Facility Improvement Project will support public boating on San 

Pablo Reservoir by upgrading the following facilities: 

1. Re-surfacing the boat launch facility parking lot 

2. Replace existing portable toilets with concrete vault toilets 

3. Replace existing fish cleaning table 

4. Replace an aging portion of the existing concrete boat launch ramp 

Funds Available FY: 

Budget Code: 

DEPARTMENT SUBMITTING: DEPARTMENT MANAGER or DIRECTOR: APPROVED: 

Water and Natural Resources 

s "''• " '' ' ' 

Richard G/Sykes 

7 " 

G$eral Manager 


•£.&u~4

Application For Grant Funding to the California Department of Boating and Waterways 

March 12, 2013 

Page 2 of2 

5. Install lighting for boat launch ramp and toilet areas 

6. Appropriate signage and fencing to support the use and facilities. 

The proposed project is located on land owned and managed by the District and will be implemented 

within the footprint of the existing boat launch facility. The proposed project is consistent with current 

recreational uses at the reservoir and with the East Bay Watershed Master Plan. 

FISCAL IMPACT 

The total cost for the San Pablo Reservoir Boat Launch Facility Improvement Project is estimated at 

$2,700,000. If the grant is awarded to the District, the project will be budgeted in the FY16-17 CIP. Of 

this project cost estimate, 100% is eligible for reimbursement from DB&W as part of this grant, if 

awarded to the District. There is no applicant match requirement. 

ALTERNATIVE 

Do not submit application for DB&W Local Assistance Loan and Grant Program for the San Pablo 

Reservoir Boat Launch Facility Improvement Project. Not recommended because it would result in 

the District not being able to benefit from this grant program to improve aging facilities at San Pablo 

Reservoir. This work would not be conducted absent the grant funding.

RESOLUTION NO. 

Draft Prepared By C m ^ 

yl^tkî^rU/^——-- 0 

Office of General Counsel 

AUTHORIZING AN APPLICATION FOR GRANT FUNDING FROM THE CALIFORNIA 

DEPARTMENT OF BOATING AND WATERWAYS FOR IMPROVEMENTS, 

ENHANCEMENTS AND REPAIRS TO THE SAN PABLO RESERVOIR RECREATION 

FACILITIES 

Introduced by Director 

; Seconded by Director 

WHEREAS, the East Bay Municipal Utility District owns and operates San Pablo Reservoir and 

associated recreational facilities at the Reservoir, including a boat launch facility, associated 

parking lot, toilet facilities, and fish cleaning facilities; and 

WHEREAS, EBMUD desires to undertake certain improvements, enhancements, and repairs to 

the San Pablo Reservoir recreational facilities to meet the needs of users of the reservoir and 

provide public amenities to support these uses; and 

WHEREAS, undertaking these improvements, enhancements, and repairs will support public 

boating on San Pablo Reservoir and enhance the public access to the Reservoir; and 

WHEREAS, the cost of these improvements, enhancements, and repairs is estimated to be 

approximately $2.7 million; and 

WHEREAS, EBMUD desires to request a grant from the Department of Boating and Waterways 

to support these activities; 

NOW, THEREFORE, BE IT RESOLVED that pursuant to and subject to all terms and 

provisions of the Local Assistance Loan and Grant Program, the EBMUD Board of Directors 

hereby authorizes EBMUD staff to submit an application to the Department of Boating and 

Waterways for funding of the proposed improvements, enhancements and repairs to the San 

Pablo Reservoir boat launch recreational facilities; and 

BE IT FURTHER RESOLVED that in the event that the Department of Boating and Waterways 

issues a notice accepting the grant and committing to grant funding, Scott Hill, Manager of 

Watershed and Recreation, is hereby authorized to sign the necessary Department of Boating and 

Waterways, Local Assistance Loan and Grant Fund agreements and to submit all necessary 

documentation to the Department of Boating and Waterways; and

BE IT FURTHER RESOLVED that, upon completion of the project, Scott Hill, Manager of 

Watershed and Recreation, is authorized to certify that the project is complete and ready for final 

inspection. 

ADOPTED this 12th day of March, 2013 by the following vote: 

AYES: 

NOES: 

ABSENT: 

ABSTAIN: 

ATTEST: 

President 

Secretary 

APPROVED AS TO FORM AND PROCEDURE: 


W:\4IO 01 Resolutions\Grants\Authorizing application to Boating & Waterways for San Pablo facilities improvements doc

B. 


DATE: March 7, 2013 

MEMO TO: 


FROM: Alexander R. Coate, General Manager n* 

SUBJECT: Legislative Report No. 02-13 

The following issues are being referred to the Legislative/Human Resources Committee for 

review and recommendation to the Board of Directors for action, as appropriate. 

STATE LEGISLATION 

RECOMMENDED 

POSITION 

AB115 SAFE DRINKING WATER STATE SUPPORT 

(Perea) 

REVOLVING FUND 

Existing law, the California Safe Drinking Water Act, requires the State Department of Public 

Health (DPH) to administer provisions relating to the regulation and provision of a dependable, 

safe supply of drinking water. Existing law also establishes the Safe Drinking Water State 

Revolving Fund (SDWSRF) and continuously appropriates money in the fund to DPH to finance, 

via grants and loans, the design and construction of projects for public water systems that will 

enable suppliers to meet safe drinking water standards. Current law requires that the criteria for 

project eligibility for the grant and loan program include that a legal entity exist that has the 

authority to enter into contracts and incur debt on behalf of the community to be served, and 

owns the public water system or has the right to operate the public water system under a lease 

with a term of at least 20 years, unless otherwise authorized by DPH. 

AB 115 (Perea), as introduced on January 14, 2013, would authorize DPH to fund projects by 

grant, loan, or a combination of the two, where multiple water systems apply for funding as a 

single applicant for the purpose of consolidating water systems or extending services to 

households relying on private wells. AB 115 would also authorize construction funding for 

projects to benefit a disadvantaged community that is not the applying agency by extending 

eligibility to other entities. In order to qualify for funding the other entities must have the 

authority to enter into contracts and incur the debt on behalf of at least one of the communities to 

be served and have the right to operate at least one of the public water systems for twenty years 

under a lease or memorandum of understanding. 

According to DPH, there are approximately 168 small water systems that rely on contaminated 

groundwater as their source of drinking water and these systems predominately serve individuals 

in disadvantaged communities. Due to their lack of financial resources and limited opportunities 

for economies of scale, it can be difficult for these systems to be brought into compliance with 

health standards. In addition, some disadvantaged communities are not served by a public water


March 7, 2013 

Page 2 

system. Without a public water system or other eligible legal entity to sponsor a funding 

application to the SDWSRF, these disadvantaged communities are denied funding assistance 

from the SDWSRF. 

AB 115 would help disadvantaged communities gain access to SDWSRF funds. The issue of 

safe and reliable drinking water for disadvantaged communities is garnering much attention from 

the legislature and state regulators this year and the issue of a statewide fee has been raised as a 

potential funding source. For example, a recent nitrate report by the State Water Resources 

Control Board included a recommendation that a sustainable funding source should be found to 

support safe and reliable drinking water for disadvantaged communities. One of the funding 

options raised is a fee on urban and agricultural water use. A fee could pose an unreasonable 

burden on other water users throughout the state while providing no benefit to those who pay. 

AB 115 would provide a source of funding for disadvantaged communities without imposing a 

burdensome fee on other water users. 

There are currently no entities listed in support or opposition to AB 115. 

AB 284 ENERGY: ROAD TO 2050 BOARD SUPPORT 

(Quirk) 

Existing law establishes the State Energy Resources Conservation and Development 

Commission (Energy Commission) and vests the Energy Commission with various authorities 

and duties regarding energy-related issues. Additionally, existing law, as enacted by AB 32 

(Nunez), the California Global Warming Solutions Act of 2006, establishes the target of 

reducing the state's greenhouse gas emissions to 1990 levels by the year 2020 and requires the 

California Air Resources Board (CARB) to adopt rules and regulations to reach this target. 

AB 284 (Quirk), as introduced on February 11, 2013, would require the Energy Commission to 

convene a Road to 2050 Board (Board) to consist of representatives from the Energy 

Commission, the Public Utilities Commission, CARB, the California Alternative Energy and 

Advanced Transportation Financing Authority, the California Environmental Protection Agency, 

the Independent System Operator, and the Governor's Office. The Board would be tasked with 

studying the best process for meeting a goal of reducing greenhouse gas emissions by 80 percent 

of the 1990 emissions level by 2050, and integrating renewable electrical generation into the 

electric grid to ensure "cost-effectiveness and reliability that would include methods to reduce 

greenhouse gas emission from homes, farms, industrial and commercial structures, as well as 

emissions from mobile sources." 

Under AB 284, the Board would also be required to review and "provide a full public 

accounting, on a biennial basis, of all money spent, and jobs and benefits achieved by, each 

energy efficiency program, alternative energy program, and alternative fuel program 

administered by members of the Board to ensure that funding is used in a safe, reliable, and cost-


March 7, 2013 

Page 3 

effective manner." The Board would also be required to publish the accounting on a publicly 

available website. 

According to the Legislative Analyst's Office (LAO), California "currently lacks a 

comprehensive framework that fully coordinates" the major energy incentive programs to help 

ensure that the state's goals are being met in the most cost-effective manner. The LAO 

recommends that "a comprehensive strategy for meeting the state's energy efficiency and 

alternative energy objectives" be developed. AB 284 is intended to address the lack of a 

comprehensive framework and encourage the development of a comprehensive, coordinated, and 

cost-effective approach to the state's energy efficiency and alternative energy programs in order 

to achieve the goal of reducing greenhouse gas emissions. 

By helping to advance the state's energy efficiency, renewable energy, and greenhouse gas 

emission reduction goals, AB 284 is consistent with EBMUD's sustainability policy and its 

efforts to use renewable energy and reduce greenhouse gas emissions. While AB 284 would not 

set a new goal of reducing greenhouse gas emissions by 80 percent of 1990 levels by 2050, it 

provides a basis for considering the feasibility of setting a new goal in the future. 

EBMUD has previously supported legislation to encourage the use of renewable energy sources 

and reduction in greenhouse gas emissions. In 2012, EBMUD supported AB 2249 (Buchanan), 

which was chaptered (Chapter 607) and provided incentives for solar water heating systems for 

pools to offset natural gas usage. In 2007, EBMUD supported AB 1470 (Huffman), which was 

chaptered (Chapter 536) and created the Solar Water Heating and Efficiency Act of 2007. In 

2006, the board adopted a "support" position on SB 1 (Murray), which established the Million 

Solar Roofs Initiative. SB 1 was signed into law (Chapter 132). 

There are currently no entities listed in support or opposition to AB 284. 

AB763 AQUATIC INVASIVE PLANTS: CONTROL SUPPORT 

(Buchanan) AND ERADICATION 

Existing law designates the Department of Boating and Waterways (Boating and Waterways) as 

the lead agency of the state for the purpose of cooperating with other agencies in controlling 

certain invasive plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun 

Marsh, and authorizes Boating and Waterways to furnish money, services, equipment, and other 

property for the control of those invasive plants, namely South American Spongeplant 

(Spongeplant), water hyacinth, and Egeria densa. 

AB 763 (Buchanan), as introduced on February 21, 2013, would provide Boating and Waterways 

broader statutory authority to address the threat of invasive aquatic plants. Current law requires 

that before Boating and Waterways can act to address the threat of a certain invasive aquatic 

plant, a statutory change must be made that names the specific type of plant to be addressed. This


March 7, 2013 

Page 4 

process results in delays in action that can allow an invasive plant to proliferate and result in 

increased control and eradication costs. Specifically, AB 763 would authorize Boating and 

Waterways, in consultation with other federal, state, and local agencies, to take any action it 

determines necessary to implement statewide management and eradication measures for invasive 

aquatic plants as a group rather than on a species by species basis. 

In addition, AB 763 would require Boating and Waterways to consult with other entities, 

including the United States Department of Agriculture and the United States Fish and Wildlife 

Service, as well as members of the scientific and research communities, and state agencies to 

determine which species of invasive plants should be given priority for treatment, and the best 

methods for implementing identification, control and eradication measures. Upon identifying an 

invasive plant that may need to be treated, AB 763 would require Boating and Waterways to 

notify the Department of Fish and Wildlife (Fish and Wildlife) of the potential threat. Fish and 

Wildlife would be required to conduct a risk assessment of the identified invasive aquatic plant 

species, and report its findings to Boating and Waterways so that Boating and Waterways may 

take any necessary action to control or eradicate the invasive aquatic plant. 

Invasive weeds growing in the Delta have the potential to impair navigation and recreational uses 

of the waterways, damage water quality, and threaten water supplies by blocking canals, pumps, 

and dams. Because much of California's water supply system is interconnected, control and 

eradication of invasive species is vital. By authorizing Boating and Waterways to take action as 

needed, instead of requiring legislative action on a case-by-case basis, AB 763 would allow for 

more effective management and control of invasive aquatic plants on a statewide basis. With 

regard to EBMUD, AB 763 would help protect the migratory pathway of Mokelumne salmon 

from being obstructed by invasive aquatic plants. 

EBMUD has previously supported measures to combat invasive species in California's waters. 

In 2012, EBMUD supported AB 1540 (Buchanan), which was chaptered (Chapter 188) and 

authorized Boating and Waterways to work with other agencies to control and eradicate 

Spongeplant. 

There are currently no organizations listed in support or opposition to AB 763. 

ACA8 LOCAL GOVERNMENT FINANCING: VOTER SUPPORT 

(Blumenfield) APPROVAL 

The California Constitution prohibits the ad valorem tax rate on real property from exceeding 

one percent of the full cash value of the property, subject to certain exceptions. The California 

Constitution conditions the imposition of ad valorem taxes on real property to service bonded 

indebtedness by a city, county, or special district upon the approval of two-thirds of the voters of 

the city, county, or special district voting on the bond measure. Under existing law, the voters in 

certain school districts may approve bonds for specified purposes with the approval of 55 percent 

of the voters within the jurisdiction of these entities. The California Constitution prohibits a


March 7, 2013 

Page 5 

county, city, town, township, board of education, or school district from incurring any 

indebtedness exceeding in one year the income and revenue provided in that year, without the 

assent of two-thirds of the voters and subject to other conditions. 

ACA 8 is a constitutional amendment that, pending voter approval, would do two things. First, 

ACA 8 would lower the threshold for the voters in cities, counties, and special districts from 

two-thirds to 55 percent to approve bonded indebtedness for public improvements. This would be 

added as an additional exception to the one percent limit on the property tax rate. This exception 

would be for a rate imposed by a city, county, city and county, or special district to service 

bonded indebtedness, incurred to fund any public improvements including but not limited to 

water, sewer, and wastewater system improvements, police, fire, park, and recreation facilities or 

buildings, and related costs, provided that the bond measures are approved by 55 percent of the 

voters of the city, county, city and county, or special district. 

Special districts use revenues from both local property taxes and bonds to fund public 

improvements and vital public services. ACA 8's bond provisions, to lower the voter threshold to 

55 percent, would apply to special districts. Thus, in its current form, ACA 8 would benefit 

EBMUD by enabling it, if it so chooses in the future, to gain voter approval of new bonds by the 

lower voter threshold of 55 percent, rather than the now required two-thirds vote. 

ACA 8 would also lower the 55 percent voter approval threshold for a city, county, or city and 

county to incur bonded indebtedness, exceeding in one year the income and revenue provided in 

that year, that is in the form of general obligation bonds to fund specified public improvements. 

This limit does not apply to special districts and thus would not impact EBMUD. 

EBMUD has supported similar measures to lower the vote threshold for approval of bonded 

indebtedness and special taxes. Last month, the board adopted a support position on SCA 11 

(Hancock), to lower the vote threshold for approval of special taxes to 55 percent. SCA 11 is 

pending in the legislature. In 2011, EBMUD supported ACA 4 (Blumenfield), which is 

substantially similar to ACA 8. ACA 4 failed the advance out of the legislature. 

There are currently no entities listed in support or opposition to ACA 8. 

ARC:MD:JF

EBMUD 

AGENDA NO. 

MEETING DATE March 12. 2013 

TITLE 

ADOPTION OF THE UPDATED MOKELUMNE-AMADOR-CALAVERAS 

INTEGRATED REGIONAL WATER MANAGEMENT PLAN 

• MOTION m RESOLUTION • ORDINANCE 


Adopt a resolution approving the updated Mokelumne/Amador/Calaveras Integrated Regional Water 

Management Plan. 

DISCUSSION 

EBMUD has been a member of the Upper Mokelumne River Watershed Authority (UMRWA) since it 

was established in 2000 as a Joint Powers Authority. UMRWA focuses on water resource issues in the 

Mokelumne/Amador/Calaveras (MAC) region which includes much of Calaveras and Amador 

Counties and western Alpine County. UMRWA has just completed an update to the MAC IRWM 

Plan. The updated plan was unanimously approved by the UMRWA Board of Directors on January 25, 

2013. All UMRWA member agencies will consider adopting the updated plan. 

Agencies applying to receive Proposition 84 Implementation Grant funding are required, as a condition 

of receiving monies, to adopt the updated plan. The UMRWA Round 2 Implementation Grant 

application, which must be submitted by March 29, will include the Camanche Area Regional Water 

Supply Project (CARWSP), a project sponsored by EBMUD. Documentation evidencing the EBMUD 

Board of Director's approval of the updated MAC Plan is necessary to complete the application. 

The Updated MAC IRWM Plan 

The MAC IRWM Plan is both an account of the region's water resource conditions, geography, and 

needs and a set of projects which if implemented will help fulfill the plan's four main policies: 

Maintain and improve water quality, 

- Improve water supply reliability and ensure long-term balance of supply and demand, 

- Practice resource stewardship, 

Focus on areas of common ground and avoid prolonged conflict. 

Funds Available: FY13 & 14 

Budget Code: WSC/455/7999/2005805 

DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED 

Water and Natural Resources 

4LAJ A £ 

Richard G.ySykes ^yke 



BDl PS 0705

Adoption of the Updated MAC IRWM Plan 

March 12, 2013 

Page 2 

These regional policies, along with related sets of water resource goals, objectives and performance 

measures, were developed by a stakeholder group comprised of 14 agencies and organizations called 

the Regional Participants Committee (RPC). The RPC guided the plan update process through a series 

of 14 committee meetings and three evening community workshops. 

The updated MAC Plan consists of the three volumes listed below. These documents, along with RPC 

meeting agendas, minutes, presentations and more, are all available at UMRWA's website 

(www.umrwa.org). 

Vol. 1 - MAC Plan text (200 plus pages) and Appendices A to E 

Vol. 2 - Appendix F (Implementation Project Information Forms) 

Vol. 3 - Appendix G (Comments and Responses) 

The updated MAC IRWM Plan includes greater discussion on a number of topics including: 

- Possible climate change impacts, 

- Future IRWM governance, 

- Updated write-up on projects and programs seen as necessary to address future water resource 

needs, and 

- MAC IRWM Plan's performance monitoring. 

The attached Resolution, which formally acknowledges EBMUD's adoption of the updated MAC Plan, 

is presented for the Board's approval. 

FISCAL IMPACT 

There is no cost to EBMUD to adopt the Updated MAC IRWM Plan. 

ALTERNATIVE 

Do not adopt the Updated MAC IRWM Plan. This alternative is not recommended as the Updated 

MAC IRWM Plan is beneficial to EBMUD and the MAC region. Plan adoption enables EBMUD and 

other UMRWA organizations to take part in current and future grant applications under the California's 

Integrated Regional Water Management program. 

Attachment: Resolution Adopting the Updated MAC IRWM Plan

Draft Prepared By 

RESOLUTION NO. 

jffice of General "Counsel 

ADOPTING THE UPDATED MOKELUMNE-AMADOR-CALAVERAS 

INTEGRATED REGIONAL WATER MANAGEMENT PLAN 

Introduced by Director 

; Seconded by Director 

WHEREAS, the State electorate approved Proposition 84 on November 7, 2006, which contains 

a total of $5.39 billion for water and natural resource projects and programs, including $1 billion 

for the Integrated Regional Water Management (IRWM) Program, with $57 million of that 

amount allocated to the San Joaquin River Funding Area; and 

WHEREAS, the benefits of integrated regional planning for water resources management 

activities include increased efficiency and effectiveness, enhanced collaboration across agencies 

and stakeholders, and improved responsiveness to regional needs and priorities; and 

WHEREAS, East Bay Municipal Utility District is a member of the Upper Mokelumne River 

Watershed Authority (UMRWA), the designated regional water management group for the 

Mokelumne-Amador-Calaveras (MAC) IRWM Region, which is an established region as 

determined by California Department of Water Resources (DWR) under DWR's Regional 

Acceptance Process; and 

WHEREAS, EBMUD adopted the original MAC IRWM Plan on December 12, 2006 by 

Resolution No. 33575-06; and 

WHEREAS, the original 2006 MAC IRWM Plan, which was developed and adopted under thenexisting 

rules and guidelines, must be updated to comply with new rules and guidelines 

established by DWR in 2012 to ensure continued eligibility for grant funding; and 

WHEREAS, an updated MAC IRWM Plan has been developed over the past eighteen months 

under the direction of a Regional Participants Committee that includes EBMUD and thirteen 

other participants and has been vetted in three public community workshops; and 

WHEREAS, adoption of the updated MAC IRWM Plan does not entail a direct commitment of 

resources, and implementation of each project listed in the MAC IRWM Plan will be the 

responsibility of individual project proponents, with no joint commitment or responsibility by the 

MAC IRWM Plan participants to implement any or all of the projects; and

WHEREAS, the adoption of the updated MAC IRWM Plan is exempt from the California 

Environmental Quality Act pursuant to CEQA Guidelines §15262 and §15306 because the Plan 

involves planning studies for possible actions that participating agencies have not yet approved 

and consists of basic data collection that would not result in the disturbance of any 

environmental resource; and 

WHEREAS, the MAC IRWM Plan is meant to be complementary to participating agencies' 

individual plans and programs and does not supersede such plans and programs, and adoption of 

the MAC IRWM Plan does not affect participating agencies' planning efforts separate from the 

MAC IRWM Plan; 

NOW THEREFORE, BE IT RESOLVED that the EBMUD Board of Supervisors does hereby 

adopt the updated MAC IRWM Plan. 

ADOPTED this 12 th day of March, 2013 by the following vote: 

AYES: 

NOES: 

ABSENT: 

ABSTAIN: 

ATTEST: 

President 

Secretary 

APPROVED AS TO FORM AND PROCEDURE: 


W:\410 EBMUD BOARDVt 10.01 ResoIutionsMMAC IRWM Plan.doc

10 



MEMO TO: 

THROUGH: 

FROM: 

SUBJECT: 


Alexander R. Coate, General Manager fir 

Michael J. Wallis, Director of Operations and Maintenance 

Update on January 31, 2013 Declaration of a District Emergency 

INTRODUCTION 

On Tuesday, January 29, 2013, a 36-inch steel main at the end of Chabot Road in Oakland 

experienced a leak. The leak is located under Highway 24 between Chabot Road and Lake 

Temescal Park. As a result, a complete shutdown of the main was required. This main is the 

primary source of water to approximately 13,500 services in the Dingee Pressure Zone and the 

pressure zones above, which includes parts of the Cities of Piedmont and Oakland. 

On January 31 st , the General Manager, in consultation with the President of the Board, declared a 

District emergency in accordance with Policy 7.03. Furthermore, on February 13 th , the Board of 

Directors ratified the emergency declaration under Board Resolution 33915-13. This memo 

provides an update on the progress of repairing the main. 

CONTRACT AWARDS 

Since the last update on February 21 st , two additional contracts were awarded. ARB, a specialty 

contractor, was awarded a $180,000 contract to install the high-density polyethylene (HDPE) 

pipeline and the California Highway Patrol was awarded a $5,000 contract for traffic control. 

Including the contracts previously awarded, a total of $515,000 has been awarded since the 

emergency declaration. In addition, District staff has expended 2,470 hours to-date to investigate 

the leak, design a repair and restore the main. 

STATUS OF REPAIRS 

The excavation work on Chabot Road and at Lake Temescal was completed on February 22 n . 

V&A Consulting Engineers inspected the pipeline under Highway 24 on February 25 th and found 

cracking in the mortar lining, un-mortared sections of pipe, some pipeline corrosion and an offset 

in the pipe joint. 

Based on the inspection results, staff concluded that the preferred repair option was to insert an 

HDPE pipeline inside the existing pipeline. On February 27 th , ARB was awarded a contract to

Update on January 31, 2013 Declaration of a District Emergency 

March 7, 2013 

Page 2 

install the HDPE pipeline based on their experience with similar types of projects. On March 5 l , 

ARB completed the insertion of the HDPE pipeline. District staff along with ARB has begun 

work to connect the HDPE pipeline to the existing pipelines on each side of Highway 24. 

Progress on the construction work has been good and staff expects to return the pipeline to 

service by the end of March, and restore the Chabot Road and Lake Temescal excavation sites by 

mid-April. 

Water service to customers in the affected pressure zones continues to be supplied through a 

secondary source. This source has limited capacity and can only meet customer demands through 

the end of March when water demands begin to increase. During the last week of February and 

into the first week of March, water demand in the affected pressure zones increased due to the 

dry and warm weather. Consequently, staff developed contingency plans in the event the supply 

through the secondary source was insufficient to meet customer demands. The recent wet and 

cooler weather has reduced demands in the affected pressure zones. No outreach to customers is 

needed at this time. 

ARC:MJW:ss 

I:\SEC\03-07-13Info\OMD_Dingee_Update.doc



MEMO TO: 

FROM: 


Alexander R. Coate, General Manager 

frA- 

SUBJECT: Monthly Report - February 2013 

HIGHLIGHTS 

On February 13,2013, the San Francisco Regional Water Quality Control Board 

(RWQCB) adopted a revised National Pollutant Discharge Elimination System permit 

amendment and rescinded the cease and desist order for the Orinda Water Treatment 

Plant. The District and RWQCB worked together for 3 years to amend the prior permit. The 

revised permit establishes new effluent limitations based on the District's technical analysis 

establishing a year-round mixing zone that extends into San Pablo Reservoir. 

Yuba County Water Agency (YCWA) and EBMUD have executed agreements to 

implement the Yuba Accord - Freeport Point of Rediversion Project. On February 12, the 

YCWA Board of Directors approved agreements for YCWA and EBMUD to cost-share on 

technical and environmental work needed to complete the Yuba Accord - Freeport Point of 

Rediversion Project. The proposed project will facilitate future water transfers from YCWA to 

EBMUD by adding the Freeport intake as a point of rediversion to YCWA's water rights. 

EBMUD faces potential impacts to revenues resulting from federal government "sequester" 

cuts. Each fiscal year the District receives a direct interest rate subsidy from the federal 

government related to its Build America Bonds in the amount of $8.2 million (Water Enterprise), 

and $2.7 million (Wastewater Enterprise). It is estimated that approximately 5.3% of this direct 

subsidy would be affected by the sequester cuts resulting in a potential FY13 loss of $436,000 

and $142,000, respectively. 

WATER SUPPLY AND WATER RIGHTS PROGRAMS AND ACTIVITIES 

Regional Desalination Project. On February 5, draft results from the latest phase of the 

Regional Desalination Project were presented to the partner agency managers (Contra Costa 

Water District, San Francisco Public Utilities Commission, Santa Clara Valley Water District 

and Zone 7 Water Agency). The results include analyses of potential impacts to the Bay Delta, 

how to use Los Vaqueros, alternate energy options, and how to wheel the water through 

EBMUD's distribution system. The next step is to draft the principles for estimating costs to 

wheel water using the District's system. The results of these efforts will be shared with the Board 

this summer.


Monthly Report - February 2013 

Page 2 

Precipitation. The East Bay precipitation for February was 0.50 inches (11% of average, 7th 

driest February on record) and a season total of 15.47 inches (78% of average, 19th driest season 

to-date). The Mokelumne precipitation for February was 0.86 inches (11% of average, 5th driest 

February on record) and a season total of 26.03 inches (77% of average, 27th driest season todate). 

This is the driest combined January and February on record. 

Releases from Camanche Reservoir. Average rate of Camanche Reservoir release for February 

was 272 cfs (240 cfs generation, 0 cfs sluice, and 32 cfs through the hatchery), and the average 

flow below Woodbridge Dam was 198 cfs, both in accordance with the Joint Settlement 

Agreement "Below Normal" criteria for February 2013. 

Mokelumne reservoirs storage is 112% of average. As of February 28, 2013, Pardee Reservoir 

level was at 552.3 feet or 93% of average, and the Camanche Reservoir level was at 224.2 feet or 

124% of average. Combined Pardee and Camanche Reservoir storage was 502,000 acre-feet 

compared to 408,000 acre-feet last year. 

Releases from East Bay Reservoirs. There are currently no East Bay reservoir releases. 

East Bay reservoirs storage is 93% of average. As of February 28, 2013, USL Reservoir level 

was at 448.8 feet or 97% of average, San Pablo Reservoir was at 304.7 feet or 92% of average, 

and Briones Reservoir was at 563.6 feet or 91% of average. Total terminal reservoir storage was 

126,000 acre-feet compared to 131,000 acre-feet last year. 

Mokelumne aqueducts and raw water pumping plants. Average rate of Mokelumne 

Aqueduct draft for February 2013 was 121 MGD. Mokelumne Aqueduct Nos. 1 and 2 are 

currently in service following construction outages. Mokelumne Aqueduct No. 3 is currently out 

of service to support continued construction work. Walnut Creek Nos. 1 and 3, Moraga and 

Briones Raw Water Pumping Plants remained out of service for the month. Walnut Creek Raw 

Water Pumping Plant No. 2 testing is currently in progress. 

Water Production. Average rate of gross water production for February: 

East of Hills 

West of Hills 

Total 

Max Day 

Production 

February 2013 

33 MGD 

115 MGD 

148 MGD 

162 MGD 

(2/25/2013) 

February 2012 

33 MGD 

115 MGD 

148 MGD 

166 MGD 

(2/24/2012) 

February 2011 

28 MGD 

114 MGD 

142 MGD 

158 MGD 

(2/7/2011) 

Note: Data are all from preliminary daily operational reports and are subject to revision 

2005-2007 Average 

29 MGD 

125 MGD 

154 MGD



Page 3 

CUSTOMER EVENTS AND PUBLIC OUTREACH 

San Pablo and Pardee recreation areas opened for the season on February 8 and 14, 

respectively. The weekend was marked by good weather, good fishing, and relatively large 

crowds at both locations. 

California Department of Forestry and Fire Protection (CAL FIRE) crew performs trail 

maintenance. On February 17, District staff partnered with the CAL FIRE Delta hand crew to 

perform trail maintenance on the Lakeview Trail at San Pablo Reservoir. This combined effort 

consisted of grading the trail tread and trimming vegetation away from the trail. 

Youth environmental education tour and talk at Camanche. On February 13, staff provided a 

ranger-led Environmental Education program on litter pollution and ecological investigation for 

twenty-nine 5 th grade students from Amador Unified School District. The program, which was 

held at Camanche South Shore, was well-received by the students and teachers. 

Diablo Vista Pumping Plant Replacement Project. The land exchange agreement between the 

City of Lafayette and EBMUD was signed by both parties and the project is proceeding into the 

final design phase. 

Contract Equity outreach. On February 20, EBMUD partnered with the American Indian 

Chamber of Commerce of California to co-host a mixer to promote the utilization of small 

businesses. Staff presented "How to do Business with EBMUD", and disseminated information 

on the Contract Equity Program, upcoming contract opportunities and the Small Business 

incentives. Approximately 20 participants attended. 

Water Conservation outreach: 

• On February 6, staff gave a presentation to approximately 30 students and four teachers at the 

Redwood Day School in Oakland. The water conservation presentation consisted of an 

overview of where our water comes from, how it arrives at the home faucet, a question and 

answer period, as well as having the children share how they saved water in their homes. 

• On February 26, staff gave a presentation at the Central West Texas Water Conservation 

Symposium on the District's Water Conservation Master Plan and Water Supply 

Management Program efforts. Approximately 100 water utility, academia, and planning and 

engineering consultants attended the one-day symposium. 

CAPITAL IMPROVEMENT AND FACILITIES MAINTENANCE 

More upgrades for rental docks at Pardee Reservoir. Staff completed the refurbishment of 

four slips and walkways on the Pardee rental dock, replacing the exposed Styrofoam with 

encapsulated tubs, old decking with composite decking, and installing boater grab bars on the 

slip fingers. This annual program will eventually lead to a complete overhaul of the docks.



Page 4 

The first of two major aqueduct shutdowns was completed on the Mokelumne Aqueducts 

Interconnection Project on February 4. Mokelumne Aqueducts Nos. 1 and 2 were returned to 

service on February 11. Shutdown of Mokelumne Aqueduct No. 3 began on February 23 and is 

scheduled to end on March 29. The contractor is performing tie-in work on Aqueduct No. 3. 

The Mokelumne Aqueduct temperature anchor upgrade was completed on February 26. 

Work on the final anchor to maintain the stability and integrity of Aqueduct Nos. 1 and 2 was 

completed during the recent shutdown of the aqueducts. 

Operational testing at the Walnut Creek Raw Water Pumping Plant resumed on 

February 21. Testing of the six refurbished raw water pumps and switchgear for Walnut Creek 

Pumping Plant Nos. 1 and 2 will be completed in mid-March. 

Annual open-cut dam safety inspections were completed on January 28, February 7 and 

February 9. The inspections are performed annually in conjunction with the Division of Safety 

of Dams to ensure there are no safety issues and the dams are operated in accordance with state 

licensing requirements. Additional safety inspections included the exercising of valves on three 

of the inlet-outlet pipelines. The inspections confirmed that the dams are operating satisfactorily. 

Staff submitted a grant application to the Department of Water Resources (DWR) on 

February 1 requesting $5 million in Proposition IE funds to go toward the Chabot Dam 

Seismic Upgrade project. Pursuant to the Disaster Preparedness and Flood Prevention Bond Act 

of 2006, DWR is authorized to issue grants to public agencies and non-profit organizations to 

manage stormwater runoff to reduce flood damages. Chabot dam is operated to provide flood 

protection to the residents downstream of the dam. 

Main Wastewater Treatment Plant influent screen replacement project. Staff completed the 

final design to replace the existing %-inch influent screens at the MWWTP with new ^-inch fine 

screens. This project will improve the capture of rags, plastics and other debris entering the plant. 

Improved bar screen performance will reduce the impact of rags and solids deposition in 

downstream treatment processes, increasing usable digester capacity. The equipment will be 

installed during the 2013 and 2014 dry weather seasons. 

Solar Turbines is manufacturing higher BTU biogas fuel injectors to resolve injector 

damage. Solar Turbines has informed the District that they are in production of a medium BTU 

injector that will potentially eliminate future fuel injector damage. These medium BTU injectors 

will be installed in April 2013. In the interim, Solar will install re-tipped injectors to ensure that 

the turbine can continue to operate with negligible risk of injector failure. 

Paving. 9,212 square feet of permanent paving was completed on Davenport Avenue in Oakland 

in two days by three District paving crews. 

Pipeline. On February 9, District staff began installing 1,830 feet of 16-inch steel water pipe on 

Pleasant Hill Road in Pleasant Hill. On February 1 st , District staff began working on three streets



Page 5 

in Castro Valley (Madison Avenue, Rahlves Drive, and August Court) installing 2,390 feet of 

eight-inch steel water pipe. 

WATER AND WASTEWATER SYSTEM OPERATION 

The Walnut Creek Water Treatment Plant Water Treatment and Transmission 

Improvements requires an increase in the change order contingency. The project is 95 

percent complete and encountered a significant amount of changed conditions including conflicts 

with a large electrical duct bank directly over the tie-in point for the new Leland Pumping Plant 

54" discharge line; misalignment of the existing filter gallery piping requiring extensive field fit 

up and welding; required modifications to the existing filter gallery walls to connect to the 

applied/wastewater channels; and required modifications to the existing decant pump pads. A 

final change order is needed to include site work for desired improvements to parking areas used 

by the contractor during construction. This work, costing $128,257 (1.3 percent of the original 

contract amount) will be performed by the contractor, C. Overaa & Co. The total change order 

amount is now projected to be $1,060,000 or 10.9 percent of the original contract amount of 

$9,710,000. 

Juvenile salmonid monitoring continued on the lower Mokelumne River. Nearly one million 

salmon fry are estimated to be in the river. These fish are likely to rear in the lower Mokelumne 

for two or three more months before migrating into the Delta. 

All discharges from the MWWTP complied with the permit limits for the month of 

January. This is the 162 nd consecutive month that the Main Wastewater Treatment Plant 

experienced no exceedances. 

There were four odor complaints at the Main Wastewater Treatment Plant. All four events 

were from the same complainant. In three of the events, the odors could not be confirmed and the 

source was not determined. In the fourth event, the cause of the odors was determined to be 

insufficient dosing of odor control chemicals, hi response to the complaints, the dosing of the 

odor control chemicals was increased. 

The City of Oakland is proceeding with interviews for its Zero Waste RFP with California 

Waste Solutions and Waste Management. EBMUD has not been invited to the interviews. 

District staff is setting up a meeting with Waste Management to continue to explore the 

possibility of working together to process Oakland's food waste organics. The District is also 

continuing discussions with Recology, who did not submit a proposal to Oakland but with whom 

the District has an existing contract to process food waste. 

Negotiations with the US Department of Justice (DOJ), regulators, NGOs, and the 

District's satellite agencies continue on the long-term consent decree to address wet 

weather facility discharges. Meetings with all parties are held monthly, and DOJ continues to 

express a goal to complete the negotiations by July 2013.



Page 6 

Work begins on the West County Wastewater District (WCWD) water quality study. The 

secondary effluent from WCWD is used by both the Richmond Advanced Recycled Expansion 

(RARE) and North Richmond recycled water projects, and variable water quality from WCWD 

has impacted operations at both plants. Staff met with WCWD staff in January to discuss water 

quality issues, particularly intermittent ammonia spiking, and to outline the purpose and scope of 

the study. The six-month study will include monthly reviews of process and operational data 

from WCWD with the goal of stabilizing water quality and ensuring compliance with the terms 

of the 2007 water supply agreement. At the conclusion of the study, staff will make 

recommendations for improving long-term water quality. 

February main breaks. The attached table lists the main breaks that were repaired by staff in 

February, sorted by city and street. The associated map shows the locations of the breaks 

geographically. 

ORGANIZATION EFFECTIVENESS AND EFFICIENCY 

District Employment. 

Retirements* 

Other Separations 

Hires 

February 2013 

2 

4 

4 

FY13 Totals 

68 

32 

74 

Încludes Vested Employees who left District employment and retired at a later date 

Tuition Reimbursement. 

FINANCIAL NEWS 

Employees 

Classes 

Total Reimbursed 

February 2013 

10 

12 

$3,502 

FY13 Totals 

103 

166 

$77,071 

The Net Mokelumne power revenue for February was $420,433 vs. the $556,598 planned. 

Inflows into Pardee for February were 39% lower than expected and generation was 64% of plan. 

The average electricity price was higher than plan at $36/MWh. Renewable power and related 

Renewable Energy Credits (RECs) were sold to the Sacramento Municipal Utility District under 

the Power Purchase Agreement. REC revenue for February was $58,242. Total net revenue 

through February is $2,727,975 which is 47.9% of the annual budgeted revenue of $5.7 million.



Page 7 

FY13 

December 

January 

February 

FY13 YTD Total 

Bold items are estimated. 

Plan 

$406,928 

$503,828 

$556,598 

$2,875,833 

Net Revenue 

Actual 

$704,200 

$594,253 

$420,433 

$2,727,975 

Inflow (Acre Feet) 

Plan 

49,700 

61,400 

64,700 

323,800 

Actual 

66,066 

46,791 

39,192 

293,596 

There were no contracts over $70,000 and less than $100,000 approved by the General 

Manager in February 2013. 

Monthly yield on all investments including reserve funds and proceeds for the Water 

2012A, Wastewater 2010B, and Wastewater 2012A bond issues was 0.73%, a decrease of 

0.03% from January 2013. New investments in February were at an average rate of 0.826%. 

The yield on 90-day Treasury bills on February 28, 2013 was 0.10%. 

Average interest cost during the month of February on outstanding commercial paper 

issued for the Water System was 0.18%, a decrease of 0.02% from January 2013. The 

average interest cost for outstanding Wastewater System commercial paper in February was 

0.17%, a decrease of 0.06% from January 2013. 

Fiscal year-to-date water consumption for water bills issued through January 2013 was 

180.6 MGD, which is 2.2% more than billed consumption of 176.7 MGD at the same time 

last year and 5.6% less than budgeted consumption of 191.3 MGD. 

Billed Water Consumption 

July 1, 2012 to January 31, 2013 

FY13 

Usage Type 

MGD 

Residential 

109.2 

Commercial 

45.9 

Industrial 

17.2 

Public Authority 

8.3 

Total Billed Water Consumption 

180.6 

FY12 

MGD 

107.9 

43.2 

18.2 

7.4 

176.7 

Water revenues billed for the fiscal year-to-date were $218.3 million, which is 8.9% more 

than the prior year actual revenue of $200.4 million due to increased consumption and the 

6% rate increase and is 5.1% less than the fiscal year-to-date budget of $230.0 million.



Page 8 

BILLED WATER CONSUMPTION 

(MGD) 

100 4- 

50 

*—t 

-FY13YTD 

-FY13 BUDGET 

FY12 ACTUAL 

0 -i 1 1 r- 

^ „ d* /



Page 9 

FEBRUARY 2013 MAIN BREAKS 

City 

ALAMO 

BERKELEY 

BERKELEY 

BERKELEY 

BERKELEY 

BERKELEY 

BERKELEY 

BERKELEY 

BERKELEY 

CASTRO 

VALLEY 

EL CERRITO 

EL CERRITO 

EMERYVILLE 

HERCULES 

LAFAYETTE 

LAFAYETTE 

LAFAYETTE 

OAKLAND 

OAKLAND 

OAKLAND 

OAKLAND 

OAKLAND 

Bldg 

81 

1166 

1556 

59 

74 

1874 

1605 

4371 

1401 

1256 

1680 

1571 

3117 

740 

994 

648 

3819 

Pre 

Street 

BOLLA 

CRAGMONT 

HEARST 

JUANITA 

LEROY 

POPPY 

POPPY 

SAN RAMON 

STUART 

SEVEN HILLS 

DEVONSHIRE 

ELM 

65 TH 

HERCULES 

PLEASANT 

HILL 

SHARON 

TEIGLAND 

40 TH 

55 TH 

22 ND 

44TH 

COOLIDGE 

Suf 

AVE 

AVE 

AVE 

WA 

Y 

AVE 

LN 

LN 

AVE 

ST 

RD 

DR 

ST 

ST 

AVE 

RD 

CIR 

RD 

ST 

ST 

AVE 

ST 

AVE 

Pipe Material 

ASBESTOS 

CEMENT 

STEEL 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

STEEL 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

Pipe 

Diameter 

6 

1 

4 

4 

4 

6 

6 

6 

6 

8 

6 

6 

6 

12 

16 

4 

4 

6 

6 

6 

6 

6 

Year 

Installed 

1959 

1932 

1936 

1941 

1936 

1927 

1927 

1940 

1909 

1953 

1927 

1945 

1985 

1941 

1949 

1946 

1938 

1951 

1934 

1931 

Est 

Water 

Loss 

(Gal) 

5,760 

11,520 

57,600 

5,760 

5,760 

5,400 

1,800 

5,760 

5,760 

5,760 

3,150 

450 

57,600 

144,000 

5,760 

5,760 

17,280 

5,760 

900 

5,760 

5,760 

40,320 

Identified 

On 

02/11/13 

02/04/13 

02/23/13 

02/12/13 

01/31/13 

02/13/13 

02/14/13 

02/06/13 

01/30/13 

01/30/13 

02/14/13 

02/11/13 

02/20/13 

02/03/13 

01/26/13 

02/11/13 

02/17/13 

02/09/13 

02/21/13 

02/21/13 

01/31/13 

02/13/13 

Completed 

On 

02/19/13 

02/07/13 

02/25/13 

02/19/13 

02/05/13 

02/14/13 

02/14/13 

02/20/13 

02/04/13 

02/04/13 

02/14/13 

02/11/13 

02/21/13 

02/08/13 

02/01/13 

02/11/13 

02/20/13 

02/20/13 

02/21/13 

02/26/13 

02/04/13 

02/21/13



Page 10 

City 

OAKLAND 

OAKLAND 

OAKLAND 

OAKLAND 

OAKLAND 

OAKLAND 

ORINDA 

RICHMOND 

RICHMOND 

RICHMOND 

RICHMOND 

SAN 

LEANDRO 

WALNUT 

CREEK 

WALNUT 

CREEK 

WALNUT 

CREEK 

Bldg 

20 

2326 

8015 

9865 

5525 

9 

260 

1095 

1536 

2017 

1539 

Pre 

Street 

CROXTON 

FOOTHILL 

MAPLE 

PLYMOUTH 

PLYMOUTH 

ROBERTS 

DARYL 

21ST 

3RD 

HOFFMAN 

MONTANA 

BEGIER 

NEWELL 

OLYMPIC 

SPRINGBROO 

K 

Suf 

AVE 

BL 

AVE 

ST 

ST 

AVE 

DR 

ST 

ST 

BL 

ST 

AVE 

AVE 

BL 

RD 

FEBRUARY 2013 MAIN BREAKS 

Pipe Material 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

ASBESTOS 

CEMENT 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

CAST IRON 

Pipe 

Diameter 

6 

6 

6 

6 

2 

6 

6 

4 

6 

6 

4 

6 

6 

6 

6 

Year 

Installed 

1939 

1927 

1937 

1926 

1943 

1924 

1947 

1939 

1932 

1937 

1939 

1958 

1933 

1941 

TOTAL 

Est 

Water 

Loss 

(Gal) 

5,760 

57,600 

5,400 

5,760 

450 

540 

5,760 

5,760 

1,800 

23,040 

1,350 

11,520 

5,760 

2,250 

5,760 

541,890 

Identified 

On 

02/27/13 

02/21/13 

02/10/13 

02/19/13 

02/02/13 

02/06/13 

02/19/13 

02/11/13 

02/12/13 

02/05/13 

02/05/13 

02/16/13 

02/01/13 

02/25/13 

02/05/13 

Completed 

On 

02/27/13 

02/22/13 

02/11/13 

02/25/13 

02/02/13 

02/07/13 

02/20/13 

02/15/13 

02/12/13 

02/11/13 

02/05/13 

02/19/13 

02/06/13 

02/25/13 

02/08/13


Monthly Report – February 2013 

Page 11



MEMO TO: 


THROUGH: Alexander R. Coate, General Manager 

ff^ 

FROM: 

Lynelle M. Lewis, Secretary of the Distrk 

SUBJECT: Sustainability/Energy Committee Minutes - February 26,2013 

Chair Doug Linney called to order the Sustainability/Energy Committee meeting in the Training 

Resource Center at 9:15 a.m. Director Katy Foulkes was present at roll call and President Andy 

Katz arrived at 9:20 a.m. Staff present included General Manager Alexander R. Coate, General 

Counsel Jylana Collins, Interim Director of Wastewater Kurt B. Haunschild, Director of 

Operations and Maintenance Michael J. Wallis, Associate Civil Engineer Alicia R. Chakrabarti, 

Associate Civil Engineer Yuyun Shang, Manager of Regulatory Compliance Michael R. Ambrose, 

Special Assistant to the General Manager Cheryl A. Farr, and Secretary of the District Lynelle M. 

Lewis. 

Public Comment. Wastewater Treatment Plant Operator Eric Larsen encouraged the District to 

consider providing charging stations at work sites for electric vehicles. Director of Operations and 

Maintenance Michael J. Wallis briefly described plans to test electric vehicles and charging stations 

for District purposes in the near future. The Committee requested further information on plans to test 

electric vehicles and add charging stations for District use, and encouraged staff to continue to 

explore the concept of employee fee-for-use as electric vehicle charging stations are tested and 

established at some District work sites. 

Wastewater Energy System Master Plan (ESMP) Implementation Update. Associate Civil 

Engineer Alicia R. Chakrabarti presented an update on key findings and implementation of 

recommendations in the ESMP. She reported that the Main Wastewater Treatment Plant (MWWTP) 

is already very energy efficient and noted that the MWWTP became the first wastewater treatment 

plant in North America to produce more renewable electricity on-site than is required for operation. 

Next, Ms. Chakrabarti highlighted plan components and said that it identified numerous conservation 

measures for implementation. She pointed out that some measures require operational changes rather 

than capital investments, and said three operational changes have been tested and implemented and 

seven additional operating energy conservation measures are scheduled to be implemented this year. 

Eight capital improvement projects are scheduled for implementation in 2013 and 2014. 

Ms. Chakrabarti said staff will continue to monitor progress on implementation of the ESMP and 

provide updates as warranted. The Committee asked staff to provide a list of all of the measures 

discussed in the Wastewater ESMP.

Sustainability/Energy Committee 

Minutes of February 26, 2013 

March 7, 2013 

Page 2 

CEC-Funded Biodiesel Study Update. Associate Civil Engineer Yuyun Shang provided a status 

update on a state grant-funded biodiesel research project to investigate low-cost methods for 

producing biodiesel from waste grease and oils. She reported that the District's earlier study had 

demonstrated that producing biodiesel from brown grease was technically feasible but the method 

used was too expensive to be implemented at a larger scale. In addition, biodiesel produced from 

brown grease did not meet the ultra low sulfur standards required for U.S. vehicles made after 

2006. However, Ms. Shang reported that staff has made substantial progress in achieving the ultra 

low sulfur standards using non-distillation methods. In the next year of the biodiesel study, staff 

will continue to evaluate low-cost methods for sulfur removal and alternative brown grease 

biodiesel production. Additionally, she said that further study is needed to determine the feasibility 

of transitioning to full-scale implementation of a biodiesel operation at the Main Wastewater 

Treatment Plant in a cost-effective way. The Committee commended staff on its research effort. 

District Renewable Energy and Sustainability Policy Reviews. Manager of Regulatory 

Compliance Michael R. Ambrose reported on a staff review of District policies related to 

renewable energy and sustainability that was requested by the Board in late 2012. He reported that 

staff looked at the District's Strategic Plan, Policy 7.07 (Renewable Energy) and Policy 7.05 

(Sustainability). Mr. Ambrose said that in general, the existing policies and the Strategic Plan 

goals could be better integrated and provide better direction to staff on procurement of renewable 

energy. Staff recommended updates to focus procurement on holistically considering impacts to 

economic, environmental and human resources (i.e., triple bottom line decision process). 

Mr. Ambrose said that the next steps would be for staff to prepare draft revisions and circulate the 

revised draft policies for staff review prior to bringing the recommended changes back to the 

Committee and the full Board for consideration within the next few months. The Committee 

concurred with this plan, and also asked staff to review the key performance indicators related to 

greenhouse gas and other renewable energy goals and recommend whether they are sufficiently 

ambitious and report back at the next Sustainability/Energy Committee. 

Adjournment. Chair Linney adjourned the Sustainability/Energy Committee meeting at 10:00 a.m. 

ARC/LML/slb 

W:\Minutes\Minutes 2013X022613_sustainability_minutes.doc


w. 


MEMO TO: 


THROUGH: Alexander R. Coate, General Manager 

fftC- 

FROM: Lynelle M. Lewis, Secretary of the Distric 

U 

SUBJECT: Finance/Administration Committee Minutes - February 26, 2013 

Director William B. Patterson called to order the Finance/Administration Committee in the Training 

Resource Center at 10:15 a.m. Director Doug Linney was present at roll call and Chair John A. 

Coleman was excused to attend the ACWA and CAS A conferences in Washington, D.C. Staff present 

included: General Manager Alexander R. Coate, General Counsel Jylana Collins, Director of Finance 

Eric L. Sandier, Interim Director of Wastewater Kurt B. Haunschild, Manager of Budget Jeanne M. 

Chase, Internal Auditor Supervisor Barry N. Gardin, Inflow/Infiltration Program Manager Jacqueline 

T. Kepke, Special Assistant to the General Manager Cheryl A. Farr, and Secretary of the District 

Lynelle M. Lewis. 

Public Comment. None. 

FY13 Semi-Annual Budget Performance Report. Manager of Budget Jeanne M. Chase reported 

that for the first six months of the fiscal year, total Water System revenues were 53% of budget 

and operating expenses were 41% of budget. It was noted that revenue from water sales, interest 

income revenues and tax revenue are tracking less than budget. Wastewater System revenues were 

49% of budget and operating expenses were 42% of budget, and revenue from treatment charges 

and permits met budget projections for the first six months of the fiscal year. 

In FY13, Ms. Chase said Water System revenues are projected to be approximately $29 million less 

than budget due to reduced post-drought consumption and the economic downturn. Ms. Chase said 

that staff implemented a variety of mitigation strategies to offset the revenue shortfall that included 

reductions to the operating budget and restructuring of outstanding Water System debt. The revenue 

for the Wastewater System is projected to be approximately $2.2 million less than budget and 

operating expenditures are projected to be approximately $3 million less than budget primarily due to 

lower operating costs and implementation of cost-saving measures. She said staff will present the 

proposed FY14-15 biennial budget at the April 9 th budget workshop and recommend a budget plan to 

set the District on a course of long-term organizational and fiscal sustainability. 

Committee members commented and asked questions regarding debt restructuring for the Wastewater 

System. Director of Finance Eric Sandier said that the primary cost savings strategies in the 

Wastewater System have been operating controls and process improvements.


Finance/Administration Committee 

Minutes of February 26, 2013 

March 7, 2013 

Page 2 

Semi-Annual Internal Audit Report. Internal Auditor Supervisor Barry N. Gardin presented a 

status update on the FY 13 Audit Plan. He said during this reporting period four of the nine audits 

identified in the plan have been initiated, completed and/or reported: Customer Assistance 

Program (completed), contract administration (in progress), water consumption recognition (in 

progress) and utilization of stand by pay (in progress). He reported that the audits found no 

material weaknesses in District operations, no irregularities in reporting and no need for 

significant adjustments. The Committee raised no questions on the audit plan. 

Private Sewer Lateral Incentive Program Update. Inflow/Infiltration Program Manager 

Jacqueline T. Kepke presented an update on EBMUD's efforts to incentivize the repair or 

replacement of private sewer laterals (PSLs) in its service area. She reported that in 2011 the District 

began pilot-testing programs to determine the most effective and efficient means to use PSL 

incentive program funds. Early pilot phases, where the District provided a rebate and the property 

owners were required to secure their own contractors, yielded lower than expected rates of 

participation. It was determined that the level of effort required of property owners greatly impacted 

participation. Ms. Kepke described a new pilot that will test the property owner participation rates 

when EBMUD directly contracts with qualified contractors for PSL inspection, repair and 

replacement. An agreement with contractors to complete the PSL relacement work in a selected 

project area that Oakland has identified as having had high inflow and infiltration rates is scheduled 

for Board consideration at its Regular Meeting of February 26, 2013. Participation rates and the pros 

and cons of this new approach will be evaluated as part of a comprehensive review of the pilot tests. 

Staff will continue to keep the Board apprised of progress on the PSL Incentive Program. The pilot 

project is anticipated to continue through 2013, at which time staff will propose a long-term program 

framework for Board consideration. 

Adjournment. Director William B. Patterson adjourned the meeting at 11:06 a.m. 

ARC/LML/slb 

W:\Minutes\Minutes2013\022613 finance minutes.doc

Staff Reports - East Bay Municipal Utility District

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