Staff Reports - East Bay Municipal Utility District

BOARD OF DIRECTORS
EAST BAY MUNICIPAL UTILITY DISTRICT
375 -11th Street, Oakland, CA 94607 office of the Secretary: (S1Q) m_^Q-
ROLL CALL:
AGENDA
Tuesday, January 22 9 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
b. Sanorris Investments, LLQ v. East Bay Municipal Utility District
Contra Costa County Superior Court, Case No. CIVMSN12-1843
2. Significant exposure to litigation pursuant to Government Code section 54596 9(bV one
matter.
3. Conference with Labor Negotiators Glen Berkheimer from the Industrial Employers
Distributors Association (I.E.D.A.), Alexander R. Coate, Carol Nishita, 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
© 2013 Board Committee Assignments
ANNOUNCEMENTS FROM CLOSED SESSION:
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
January 22, 2013
Page 2 of3
CONSENT CALENDAR: (Single motion and vote approving 9 recommendations including 1 resolution.)
1. Approve the Regular Meeting Minutes of January 8,2013.
2. File correspondence with the Board.
3. Authorize an amendment to the agreement with Bay Systems Consulting, Inc. in an amount
not to exceed $120,000 for specialized biodiesel research assistance services. These funds
will be fully reimbursed by the California Energy Commission.
4. Approve the Water Supply Assessment requested by the City of Oakland for the
Broadway/Valdez District Specific Plan pursuant to California Water Code, Sections
5. Approve the Water Supply Assessment requested by the City of Oakland for the Lake
Merritt Station Area Plan pursuant to California Water Code, Sections 10910-10915.
6. Authorize the Office of General Counsel to continue the employment of the law firm of
Best, Best & Krieger, LLP for specialized legal services related to federal water law, rates
charges, taxes, liens, and litigation involving such matters.
7. Authorize agreements with the Yuba County Water Agency (YCWA) to (1) cost-share ^
: on
environmental and technical work needed to support implementation of the Yuba Accord -
Freeport Point of Rediversion Project, including a commitment for the District to reimburse
YCWA up to $160,000 for consulting services and $8,000 for processing fees and (2)
establish a framework under which EBMUD and YCWA would negotiate a future
agreement for EBMUD to purchase transfer water from YCWA in dry years.
8. Accept the Principles of Agreement between East Bay Municipal Utility District and Contra
Costa Water District to cooperate on opportunities to improve water supply reliability by
sharing available capacity in existing facilities including Los Vaqueros Reservoir and the
Freeport Regional Water Project.
9. Authorize an application to the California Department of Water Resources for Proposition 1E
Stormwater Flood Management grant funding for the Chabot Dam Seismic Upgrade Project in
an amount up to $10,000,000, and authorize execution of the grant agreement if the District is
selected to receive the grant.
(Resolution)
DETERMINATION AND DISCUSSION:
10. Legislative Update:
• Update on Legislative Issues of Interest to EBMUD

Regular Meeting of
January 22, 2013
Page 3 of3
DETERMINATION AND DTSCUSSION (Continued):
11. Approve actions relating to the Diablo Vista Pumping Plant Replacement Project.
- Ha. Adopt the Mitigated Negative Declaration for the Diablo Vista Pumping Plant
Replacement Project, adopt the Mitigation Monitoring and Reporting Program in
accordance with the California Environmental Quality Act, and approve the Diablo
Vista Pumping Plant Replacement Project.
(Resolution)
1 lb. Approve a property exchange agreement with the City of Lafayette for the purchase
of a 9,461 square foot parcel at the southwest corner of Mt. Diablo Boulevard and Mt
Diablo Court, Lafayette and the eventual conveyance of the District's existing 5 663
square foot Diablo Vista Pumping Plant property at 3305 Mt. Diablo Boulevard'
Lafayette. m ', A. .
J
(Resolution)
12. Adopt the Mitigated Negative Declaration for the 39th Avenue Reservoir Replacement
Project, adopt the Mitigation Monitoring and Reporting Program in accordance with the
Pro-ert
EllVlrOnmental QuaKty Act '
13. General Manager's Report:
• Water Supply Update
© Retirement Board Update
• 2012 Interdepartmental Committees Annual Reports
REPORTS AND DIRECTOR COMMENTS:
14. Committee Reports:
• Planning
• Legislative/Human Resources
• Finance/Administration
15. Director Comments.
ADJOURNMENT:
and a PP rove the 39th Avenue Reservoir Replacement
(Resolution)
The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Wednesday.
February 13 7 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.
y:\Agendas\Agendas 2013X012213_regular_agenda.doc

BOARD CALENDAR
Date
Meeting
Time/Location
1 Topics
Monday, January 21
Martin Luther King Day
Holiday
• Offices Closed
Tuesday, January 22
Finance/Administration
Committee
Katz (Chair), Foulkes,
Linney
9:00 a.m.
Training Resource Center
• Update on Richmond
WW Services Project
• Financial Quarterly
Reports
Water Supply Workshop
9:30 a.m.
Training Resource Center
• Conservation
Update
• Recycling Update
• Water Transfers
• Los Vaqueros
Principles
11:00 a.m.
1:15 p.m.
• Closed Session
• Regular Meeting
Tuesday, February 12
Lincoln's Birthday
Holiday Board of Directors
• Offices Closed
Wednesday, February 13
FY14-15 Budget & Strategic
Plan Update
TBD
Training Resource Center
Board of Directors
11:00 a.m.
1:15 p.m.
• Closed Session
• Regular Meeting
Monday, February 18
President's Day Holiday
• Offices Closed
Tuesday, February 26
Energy/Sustainability
Committee
TBD
Fmance/Administration
Committee
0:00 a.m.
Training Resource Center
Board of Directors
1:00 a.m.
:15 p.m.
• Closed Session
* Regular Meeting

Dr# Prepared
Office of the Secretary
MINUTES
Tuesday, January 8, 2013
East Bay Municipal Utility District
Board of Directors
375 Eleventh Street
Oakland, California
Regular Closed Session Meeting
President John A. Coleman called to order the Regular Closed Session Meeting of the Board of
Directors at 11:03 a.m. in the Administration Center Board Room.
ROLL CALL
Directors Katy Foulkes, Andy Katz, Doug Linney, Lesa R. Mclntosh, Frank Mellon, William B.
Patterson, and President John A. Coleman were present at roll call.
Staff present included General Manager Alexander R. Coate, General Counsel Jylana Collins,
Manager of Wastewater Environmental Services Bennett K. Horenstein (Item la), Attorney
Jonathan Salmon (Item la), Assistant General Counsel Craig S. Spencer (Item 2), Director of
Finance Eric L. Sandier (Item 2), Director of Water and Natural Resources Richard G. Sykes
(Item 3), Manager of Water Supply Improvements Michael T. Tognolini (Item 3), and Attorney
Karen Donovan (Item 3).
PUBLIC COMMENT
There was no public comment.
BROWN ACT BRIEFING
- Filed with the Board were the following documents: 1) Booklet entitled "Annual Ethics Policy
& Brown Act Update," dated January 2013; and 2) Presentation entitled "Annual Brown Act
and Ethics Update," dated January 2013.
Attorney Saji Pierce presented the annual Brown Act and ethics update. She highlighted the
Ethics Policy of the EBMUD Board of Directors (Policy 6.04). She also highlighted recent legal
developments from the Fair Political Practices Commission regarding the 2013-14 gift limit
(raised to $440); changes to the Brown Act (real estate exception in closed session discussions);
changes to Government Code Section 1090 (prohibition by the entire Board from approving a
contract when one member has a "potential" financial interest); and changes to the Public
Records Act.
ANNOUNCEMENT OF CLOSED SESSION AGENDA
President John A. Coleman announced the Closed Session agenda. The Board convened to
Conference Room 8 A/B for discussion.

Regular Meeting Minutes of
January 8, 2013
Page 2 of 8
Regular Business Meeting
President John A. Coleman 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, Andy Katz, Doug Linney, Lesa R. Mclntosh, Frank Mellon, William B.
Patterson, and President John A. Coleman were present at roll call.
BOARD OF DIRECTORS
President Coleman led the Pledge of Allegiance
ANNOUNCEMENTS FROM CLOSED SESSION
The Board, in closed session this morning, by a unanimous vote of the Directors attending,
authorized the General Counsel to initiate litigation in one matter. The action, defendant and
other particulars will be disclosed, upon inquiry, once the action is formally commenced.
President Coleman also announced that General Manager Alexander R. Coate and General
Counsel Jylana Collins received their performance appraisals. He said there was consensus by
the Board that they both were doing outstanding work and that the Board fully supported their
efforts.
There were no other announcements required from closed session.
Swearing-in Ceremony
Secretary Lynelle M. Lewis administered the ceremonial Oath of Office to Directors Doug
Linney (Ward 5), Lesa R. Mclntosh (Ward 1) and William B. Patterson (Ward 6) who were reelected
to serve a four (4)-year term of office from January 1, 2013 through December 31, 2016.
Directors Linney, Mclntosh and Patterson expressed thanks to their constituents for re-electing
them for another four years. They also thanked their families, Board members, staff, and
customers for their support. Board members said they looked forward to continuing their work
with the District.
Election of President of the Board
President Coleman opened the floor for nomination of Board President for 2013.
• Motion by Director Linney, seconded by Director Mclntosh, to nominate Director Andy
Katz for President of the Board of Directors.
• Motion by Director Patterson, seconded by Director Foulkes, to nominate Director Frank
Mellon for President of the Board of Directors.

Regular Meeting Minutes of
January 8, 2013
Page 3 of8
President Coleman announced a 5 minute recess. Upon returning from recess there was
discussion regarding the process for electing Board officers. Director Linney suggested that
the Board continue its past practice of allowing the rotation of the Vice-President to serve as
President. Director Katz expressed gratitude for the nomination, asked the Board for its
support, and said that he would make extra effort to fulfill the obligations required of the
President of the Board.
President Coleman commented that Director Katz's ongoing record of tardiness to meetings
showed a lack of courtesy to staff and members of the Board. Director Katz acknowledged
this concern, expressed apology for his actions, and went on to reiterate his commitment to
put forth serious effort to fulfill the duties required as President. After considerable
discussion the Board adjourned for a 2 minute recess.
Following the recess the following person addressed the Board: Mark Foley, President,
AFSCME Local 2019, expressed his support for Director Katz'election as Board President. He
said that passing over Director Katz, who has served as Vice-President for the past two years,
would be a disservice to his constituents. Mr. Foley asked that the Board give Director Katz the
opportunity to serve as President.
Director Mellon commented that serving as Board President required objectivity for all
ratepayers and dependability to staff and the Board. He announced that, for the good of the
Board, he would withdraw his name from nomination and relinquish the nomination to Director
Katz. Director Patterson commented that the Board would be holding Director Katz to high
standards. He said that the work of the District would require Director Katz's full attention and
the duties of the office should be given very high priority. President Coleman reiterated the
responsibilities of the Board President and noted that the President must be objective in all
matters before the District. President Coleman thanked all board members for their comments
and thanked Director Mellon for relinquishing his nomination.
The motion to elect Director Andy Katz as President of the Board of Directors for 2013
carried (7-0) by voice vote.
• BOD 001-13 - Elected Director Andy Katz as President of the Board of Directors for 2013.
Director Katz thanked the Board for electing him as President and pledged to do his best in being
responsive and providing leadership to the District.
Election of Vice-President of the Board
President Katz called for nominations for Vice-President of the Board.
• Motion by Director Mellon, seconded by Director Mclntosh, to nominate Director Katy
Foulkes for Vice-President of the Board.

Regular Meeting Minutes of
January 8,2013
Page 4 of 8
There were no further nominations for Vice-President.
The motion to nominate Director Katy Foulkes for Vice-President of the Board of Directors
for 2013 carried (7-0) by voice vote.
BOD 002-13 — Elected Director Katy Foulkes as Vice-President of the Board of Directors for
2013.
Committee Assignment
President Andy Katz requested that Board members review and complete the 2013 Board
Committee assignment preference form and submit their responses to Secretary Lewis. He
announced that committee assignments will be presented for Board approval on January 22, 2013.
PUBLIC COMMENT
- Addressing the Board was Lisa Rossi, E-D Coat, Inc., who commented that E-D Coat, Inc.
has been out of business since October 2012 because of a revoked discharge permit and
that there has been no movement on the District's part to resolve the closure. She
requested reinstatement of their discharge permit and urged the Board to intervene so that
their employees can return to work.
CONSENT CALENDAR
• Motion by Director Mclntosh, seconded by Director Coleman, to approve Items 1-6 on the
Consent Calendar, carried (7-0) by voice vote.
1. Motion No. 003-13 — Approved the Regular Meeting Minutes of December 11, 2012.
2. The following correspondence was filed with the Board: 1) Presentation entitled "Water
Supply Board Briefing," Water Supply Engineering, dated January 8, 2013; 2) Presentation
entitled "Proposed Financings for FY13," dated January 8, 2013; 3) Memorandum dated
January 8, 2013 to Board of Directors, from Eileen M. White, Manager of Operations and
Maintenance, regarding Freeport Regional Water Authority January 10,2013 Board of
Directors Meeting; and 4) Memorandum dated January 3, 2013 to Board of Directors from
Alexander R. Coate, General Manager, regarding Director of Wastewater retirement.
3. Motion No. 004-13 — Awarded a contract to the lowest responsible/responsive bidder,
Duperon Corporation, in the estimated total amount of $ 1,526,850 for supplying five sets
of influent bar screens and washer compactors for the Main Wastewater Treatment Plant
under Proposal No. 1306.
4. Motion No. 005-13 — Authorized an agreement with DesignMind Business Solutions in an
amount not to exceed $404,875 for software development services to construct the Private
Sewer Lateral Application Enhancements.
5. Motion No. 006-13 — Authorized an amendment to Board Motion 170-10 to include
Verizon Wireless as an additional provider of cellular telephone and push-to-talk services.

Regular Meeting Minutes of
January 8, 2013
Page 5 of8
6. Motion No. 007-13 — Authorized the Office of General Counsel to continue the
employment of the law firm of Barg, Coffin, Lewis & Trapp, LLP, for services of special
counsel related to environmental regulation and litigation matters in an additional amount
not to exceed $200,000.
DETERMINATION AND DISCUSSION
7. Legislative Update.
Legislative/Human Resources Committee Chair Lesa R. Mclntosh reported that the
Committee unanimously supported the staff recommendations on the four 2013 federal
legislative initiatives. Special Assistant Marlaigne K. Dumaine reported that the 113 1
Congress convenes this month and that there will be great focus on the budget and debt
ceiling. She said that in addition to the fiscal issues, congress' domestic policy agenda is
likely to be comprised of issues of interest to EBMUD including infrastructure and the
Sacramento-San Joaquin Delta. Next, Ms. Dumaine highlighted EBMUD's 2013 federal
legislative initiatives. There was brief discussion about policy issues related to EBMUD's
Bay Delta needs. Ms. Dumaine said staff will continue to monitor the development of Deltarelated
legislation and administration policies and work to ensure that EBMUD's needs are
effectively communicated.
• Motion by Director Mclntosh, seconded by Director Mellon, to approve 2013 Legislative
Initiatives as presented by staff, carried (7-0) by voice vote.
Motion No. 008-13 - Approved four EBMUD 2013 Federal Initiatives: 1) Seek federal
funding opportunities for infrastructure projects via any new federal programs which may be
developed and any existing programs; 2) Continue to seek federal funding for EBMUD's
three WRDA authorized projects - the San Ramon Valley Recycled Water Project, the
Integrated Regional Recycled Water Program, and the Bay Area Regional Desalination
Project; 3) Continue to pursue new WRDA funding authorizations for EBMUD's seismic
program and the San Ramon Valley Recycled Water Project; and 4) Advance EBMUD's Bay
Delta needs with its federal delegation.
8. Approve The Execution Of Remarketing Agreements And Related Supporting
Documents For The $41,035,000 Water System Revenue Refunding Bonds, Series
2009A-2, And Approve The Appointment Of E.J. De La Rosa & Co. Inc. And RBC
Capital Markets Corporation As Remarketing Agents.
Director of Finance Eric L. Sandier summarized the recommended actions related to the
remarketing of Series 2009A-2 Water System bonds. The Series 2009A-2 Bonds were
remarketed on March 1, 2012 at a variable interest rate equal to the weekly Securities
Industry and Financial Markets Association (SIFMA) Municipal Swap Index. The interest
period for the bonds was twelve months and will end February 28, 2013. Therefore, it is
necessary to remarket the bonds prior to that date and set a new interest rate based upon the
weekly SIFMA Index, plus or minus a spread, if any, as determined at the time of pricing.
The new interest period will be determined after consultation with the remarketing agents

Regular Meeting Minutes of
January 8, 2013
Page 6 of 8
and financial advisor. At the end of the interest rate period the District will have to
remarket the existing bonds for up to an additional one year period, remarket the bonds
with liquidity support, or refund the bonds with a new bond issue.
The bond resolution approves the form of the remarketing agreement, continuing disclosure
agreement and preliminary reoffering circular and delegates authority to the General
Manager, Finance Director or the Treasury Manager to execute the remarketing agreements
and any other agreements and actions necessary to complete this transaction.
• Motion by Director Coleman, seconded by Director Patterson, to approve the recommended
action for Item 8, carried (7-0) by voice vote.
Resolution No. 33910-13 - Approve The Form And Authorize The Execution Of A
Remarketing Agreement In Connection With The District's Water System Revenue
Refunding Bonds, Series 2009A-2; Authorize The Delivery Of A Preliminary Reoffering
Circular And The Execution And Delivery Of A Final Reoffering Circular; Authorize And
Ratify Certain Related Actions; And Authorize The Officers Of The District To Do All Other
Things Deemed Necessary Or Advisable Relating Thereto.
9. Gen eral Man ager' s Rep o rt.
Operations and Maintenance Department Manager Eileen M. White presented the water
supply briefing. She provided status updates on the 2012 statewide water supply, water
supply forecast, precipitation and snow reports, and reservoir storage. She noted that there
was good rainfall for the months of November and December 2012, the District is at 109% of
average, and that reservoir storage was averaging a total system capacity of 79%. Ms White
said that water supply runoff was forecasted to be around 580,000 acre feet which would
leave EBMUD's water supply in good condition.
General Manager Coate reported that the December 2012 Monthly Report had been
provided in the agenda packet. Next, he announced the retirement of Director of
Wastewater David R. Williams after nearly twenty years of service with the District. He
noted that Mr. Williams will undertake a new challenge as Executive Director of the Bay
Area Clean Water Agencies. His last day with the District will be January 31, 2013 and his
effective retirement date will be in March. A retirement event will be held following the
January 22 Board meeting. General Manager Coate said that the District very much
appreciated the excellent work Mr. Williams has done during his many years with the
District, and he will be greatly missed. Effective February 1, Manager of Wastewater
Treatment Kurt Haunschild will serve as Interim Director of the Wastewater Department.
In concluding, Mr. Coate noted that staff provided a summary of 2012 committee agendas
along with proposed topics to bring before the committees in 2013. He asked the Board
for their feedback on this report.

Regular Meeting Minutes of
January 8, 2013
Page 7 of8
REPORTS AND DIRECTOR COMMENTS
10. Committee Reports.
- Filed with the Board were the Minutes of the December 11, 2012 Planning and
Legislative/Human Resources Committees.
11. Director Comments.
- Director Foulkes had no comment.
- President Katz thanked Director of Wastewater David R. Williams for his fine work at the
District. He also thanked Director Coleman for his excellent work as President of the Board.
He said he looked forward to the New Year.
- Director Linney thanked Director Coleman for his great service as President of the Board.
- Director Mclntosh had no comment.
- Director Mellon thanked staff for their work in 2012. He acknowledged Director of
Wastewater David R. Williams and said that he had enjoyed working with him. Director
Mellon also thanked Director Coleman for his fine work as President of the Board.
- Director Patterson thanked Director Coleman for his excellent performance as President of the
Board. He congratulated Director Katy Foulkes on her election as Vice-President.
- Director Coleman reported attending/participating in the following events: Upper Mokelumnc
River Water Authority Executive Committee teleconference call on December 12; ACWA
Executive Committee teleconference call on December 13; Contra Costa Council Board
meeting on December 14 in Pleasant Hill; Moose Feed Luncheon on December 14 in San
Francisco; ACWA Executive Committee teleconference call on December 17; agenda review
with General Manager Coate on January 4, 2013 in Oakland; ACWA Executive Committee
teleconference call on January 7; and Gary Skrell Retirement Celebration on January 8 in
Walnut Creek. He reported on plans to attend/participate in the following upcoming events:
Freeport Regional Water Authority teleconference call on January 10; EDAB 18 Annual
Legislative Reception on January 10 in Hayward; Contra Costa County Mayors' Conference
on January 10 in Lafayette; and ACWA Executive Committee teleconference call on January
15.
Director Coleman thanked staff for the work and support given to him over the past two years
as President of the Board. Board members and staff applauded Director Coleman for his fine
work as Board president.

Regular Meeting Minutes of
January 8, 2013
Page 8 of8
ADJOURNMENT
The meeting was adjourned at 2:35 p.m.
SUBMITTED BY:
Lynelle M. Lewis, Secretary of the District
APPROVED: January 22, 2013
Andy Katz, President of the Board
W:\MinutesVMinutes 2013X010813_regular_minutes. doc

EBMUD
AGENDA NO.
MEETING DATE January 22, 2013
TITLE
WASTE TO BIODIESEL PHASE II RESEARCH ASSISTANCE SERVICES
El MOTION • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an amendment to the agreement with Bay Systems Consulting, Inc. (Bay Systems) in an amount
not to exceed $120,000 for specialized biodiesel research assistance services. These funds will be fully
reimbursed by the California Energy Commission (CEC).
SUMMARY
In 2011, the District received a $1 million grant from the CEC to investigate low-cost methods for
producing biodiesel from waste grease and oils. If successful, the outcome from this work could allow
agencies to cost-effectively produce biodiesel from wastes to fuel diesel fleets. In February 2011, the
District executed a $150,000 agreement with Bay Systems to provide technical support for Phase I of the
grant-funded work, which consisted of researching and identifying potential low-cost alternatives.
Additional funding for this agreement is needed for the District to complete Phase II of the project, which
consists of evaluating technologies identified in Phase I of the study. Bay Systems has unique, specialized
expertise in biodiesel production and pilot testing. This $120,000 amendment, which would bring the total
contract amount up to $270,000, will provide funding to allow Bay Systems to provide an additional year
of technical assistance to complete the project.
DISCUSSION
Current methods for converting waste grease into biodiesel are costly to build and operate, and therefore,
provide little potential for widespread use. The District recently completed the first phase of the CEC
grant-funded study and identified several potential low-cost alternatives for converting waste grease into
biodiesel at a bench-scale level. In the next and final phase of this study, a pilot facility will be constructed
and operated to test the most promising alternatives at a scale sufficient to evaluate the alternatives'
potential performance and economics at full-scale. A conceptual design of facilities to cost-effectively
manufacture biodiesel from waste grease and oils is the goal for the final work product. If successful, this
design could potentially be implemented at wastewater treatment facilities to fuel diesel fleets or possibly
other diesel vehicles in the surrounding communities.
Funds Available: FY13
Budget Code: WWC/924/7999/2006832/5231
DEPARTMENT SUBMITTING
DEPARTMENT MANAGER or DIRECTOR
APPROVED
WASTEWATER
David R. Williams
G^peral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl PS 1008

Waste to Biodiesel Phase II Research Assistance Services
January 22,2013
Page 2
CONSULTANT SELECTION
Requests for proposals for Phase I specialty services were sent to four firms with experience in providing
scientific research assistance, and two firms submitted proposals in Phase I. Bay Systems was selected for
their qualifications, biodiesel experience, price and for continuity since they are currently providing the
biodiesel research specialist working on Phase I of this project. Also, an extensive search previously
performed during Phase 1 did not yield a more qualified candidate.
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Funding for this work, including the full amount of this contract, is provided by a grant from the CEC.
UNION NOTIFICATION
Locals 21 and 2019 were notified of this contract on January 2, 2013. Locals 21 and 2019 did not raise
any specific issues related to this contract.
ALTERNATIVES
Perform the work with District staff. This alternative is not recommended as the District does not have
the available resources with the required expertise to perform this work.
Do not contract for scientific research assistance. This alternative is not recommended, since without
additional support, the District would not be able to meet the CEC's requirements, and would not obtain
the $ 1 million grant funding or the potential benefits this grant could provide.
Select a different consultant. This alternative is not recommended because based on an extensive Phase
I market survey of consulting firms, staff determined that there are no other firms in northern California
with the required expertise available to perform this work. Recruitment efforts in local universities did not
attract a qualified candidate. Continuation of Phase II with the same consulting firm would create costefficiencies
and increase opportunity for success with Bay Systems knowledge gained from performing
Phase I work of the project.
Attachments
W:\NAB\Board Documents\2013\BDls\January 22VWW - Waste to Biodiesel Research Assistance Services PII.doc

EBMUD
CONTRACT EQUITY PROGRAM SUMMARY (P-035)
This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
Amendment to Professional Services Agreement
Waste to Biodiesel Phase il Research Assistance Services January 14, 2013
CONTRACTOR:
Bay Systems Consulting, Inc.
Mountain View, CA
Small Business Availability Group Contracting Objectives Participation
BID/PROPOSER'S
PRICE:
FIRM'S OWNERSHIP White Men 25% 75.0%
Ethnicity Gender White Women 6% 0.0%
$120,000 Asian Female
Ethnic Minorities 25% 25.0%
PRIME:
COMPANY NAME
ESTIMATED
AMOUNT
ETHNICITY
mGENDER
White-
Men
White-
Women
CONTRACTING PARTICIPATION
Ethnic
Minorities
Unclassified
Publicly
Held Corp.
Gov't/Non
Profit
Foreign
Bay Systems Consulting, Inc.
$30,000 Asian 25.0%
SUBS:
Aerotek, Inc.
$90,000 White 75.0%
TOTAL $120,000
75.0%
0.0% 25.0% 0.0% 0.0% 0.0% 0.0%
White Men
White Women
Ethnic Minorities
Total Employees
No. of Employees: 16
Percent of Total Employees: 5.6%
5.6% 88.9%
18
MSA Labor Market %: 32.3% 27.8%
39.9%
MSA Labor Market Location:
9 Bay Area Counties
aSSISSSSS«^£aSiSim£^£laSiaaS2i^^3a
i^^3$MSEffiiCT5fl^^i^ffiffiP'fe jaj 3
ontract Equity Participation - 75% White Men participation and 25% Ethnic Minority participation.
Overall Contract Equity Participation - 33% White Men participation and 67% Ethnic Minority participation.
Workforce Profile & Statement of Nondiscrimination
Submitted
NA
Good Faith Outreach Efforts
Requirement Satisfied
NA
Award Approval
ecommended
(P-035-7/11)
Page: 1 of 1

EBMUD
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title:
Waste to Biodiesel Phase II Research
Assistance Services
ssional Services Agreement
R=Recmmd
P=Prime
S=Sub
Composition of Ownership
DATE:
1/14/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Aiameda/CC Counties
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
AI/AN
0.7
0.4
0.5
Number of Ethnic Minority Employees
TOTAL
27.3
39.9
46.2
Company Name, Owner/Contact Person, Address
and Phone Number
B
H
A/PI
AI/AN
TOTAL
PERCENT
MSA %
RP | EMW:A/PI - SBE
Company Wide
1
11
4
-
16
88.9%
39.9%
Bay Systems Consulting, Inc.
I. Jasmine Ali
2665 Marine Way, Suite 1120
Mountain View, CA 94043
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
-
-
1
-
2
-
-
9
2
2
-
-
-
-
-
-
4
2
1
9
100.0%
100.0%
50.0%
90.0%
Bay Area
1
11
4
-
16
88.9%
39.9%
800-510-7754
AA Plan on File:
Co. Wide MSA:
NA
9 Bay Area Counties
Date of last contract with District:
# Employees-Co. Wide: 18
2/3/2011
Bay Area:
18
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
S
Aerotek, Inc.
WM
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
I
I
# Employees-Co. Wide:
Bay Area:
39.9%
Michae Wood
7301 Parkway Drive
Hanover, MD2107
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Information Not Provided
Bay Area
39.9%
510-214-1619
Co. Wide MSA:
# Employees-Co. Wide:
Bay Area:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
39.9%
Co. Wide MSA:
# Employees-Co. Wide:
Bay Area:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide |
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
I
# Employees-Co. Wide:
I
# Employees-Co. Wide:
WM=White Male, WW=White Women. EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Bay Area:
Bay Area:
39.9%
39.9%
(P-061-7/11)
Page: 1 of 1
File: PS-3123.xls

EBMUD
AGENDA NO.
a
MEETING DATE January 22. 2013
TITLE
WATER SUPPLY ASSESSMENT FOR THE BROADWAY/VALDEZ DISTRICT
SPECIFIC PLAN
S MOTION. • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Approve the Water Supply Assessment (WSA) requested by the City of Oakland (City) for the
Broadway/Valdez District Specific Plan pursuant to California Water Code, Sections 10910-10915.
SUMMARY
The Broadway/Valdez District Specific Plan project site (located within the District's Ultimate Service
Boundary) is approximately 96 acres and is bounded by Interstate 580 to the north, Grand Avenue to the
south, and centered around Broadway (see Attachment A). As described in the City's WSA request letter,
the Broadway/Valdez District Specific Plan is a mixed-used development project that has a reasonable
foreseeable growth scenario of up to 1,797 residential units, 1,114,050 square feet of retail space,
694,889 square feet of office space, a hotel with 181 rooms, and up to 6,409 parking spaces.
The project site is the historic Broadway Auto Row and currently consists of mainly commercial uses,
including a number of active automotive dealers and repair shops, with an estimated existing annual
average water use of approximately 185,000 gallons per day (gpd). The projected water demand for the
proposed project at build out is estimated to be 860,000 gpd. The City provided estimates on the existing
and future average water demands for the proposed project of approximately 393,000 gpd and 1,029,000
gpd, respectively; these estimates are based on wastewater generation rates, which results in an
overestimate of water demands for residential, office space, hotels, and parking structure land uses. Given
the District's land use demand approach, system capacity charge studies, and good informational
references on water unit ranges, the District's estimated water demand is 860,000 gpd for the proposed
project at build out. This demand is accounted for in the District's Urban Water Management Plan
(UWMP). Approval of the assessment is described in the attached letter (Attachment B) and upon Board
approval will be sent to the City.
Funds Available:
DEPARTMENT SUBMITTING
Budget Code:
DEPARTMENT MANAGER or DIRECTOR
APPROVED
Engineering and Construction
ft r-Xavier J. Was
General Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl WSA 0306

Water Supply Assessment for the Broadway/Valdez District Specific Plan
January 22, 2013
Page 2
DISCUSSION
On November 28, 2012, the City submitted a formal request for consultation between the District and the
City regarding water service to the Broadway/Valdez District Specific Plan, pursuant to California Water
Code, Section 10912. The project, for which an Environmental Impact Report is being prepared, meets the
threshold requirement for an assessment of water supply availability (a mixed-use project that would
demand an amount of water equivalent to or greater than the amount of water required by a 500 dwelling
unit project). The City is required to consult with the public water supplier to determine whether the water
demand associated with the proposed project was included in its last UWMP, and to assess whether its 20-
year water supply (available during normal, single-dry and multiple-dry water years) will meet the water
demand associated with the proposed project.
The 2010 UWMP concludes that the District has, and will have, adequate water supplies to serve existing
and projected demand within the Ultimate Service Boundary during normal and wet years, but that deficits
are projected for drought years. The District's Water Supply Management Plan includes up to a 15 percent
water conservation requirement in a severe drought. The project will be subject to the same drought
restriction as all District customers.
The WSA letter requests that the City comply with the California Code of Regulations concerning waterefficient
landscapes and District water service regulations in force at the time the application is made. The
letter also requests a meeting to discuss water conservation opportunities in the project area. A key
objective of this discussion will be to explore timely opportunities to maximize conservation via early
consideration of the District's conservation programs and State and Federal best management practices
applicable to the project.
The Broadway/Valdez District Specific Plan may not be a candidate for recycled water due to the potential
high cost to provide recycled water to the project site with minimal irrigation demand. However, the
District recommends that the City require developers of new or redevelopment projects within the
Broadway/Valdez District Specific Plan area to coordinate and consult with the District during the
planning and implementation phases of future projects regarding the feasibility of providing recycled
water for appropriate non-potable uses.
ALTERNATIVE
Do not submit a response. This alternative is not recommended. This assessment has been prepared
pursuant to California Water Code, Sections 10910-10915. It is consistent with the law and the District's
past WSAs.
Attachments: A. Map - Broadway/Valdez District Specific Plan
B. District's Response to November 28, 2012 Water Supply Assessment Request
i:\SEC\01-22-13 Board Agenda Items\E&C WSA Broadway/Valdez District Specific Plan sbl3_002.doc

BROADWAY / VALDEZ
DISTRICT SPECIFIC PLAN
Attachment A

Attachment B
January 22,2013
Alisa Shen, Planner III
City of Oakland
Planning, Building and Neighborhood Preservation Department
Strategic Planning Division
250 Frank H. Ogawa Plaza, Suite 3315
Oakland, CA 94612
Re:
Water Supply Assessment - Broadway/Valdez District Specific Plan
Dear Ms. Shen:
This letter responds to the City of Oakland's (City) request of November 28, 2012, for water
agency consultation concerning the Broadway/Valdez District Specific Plan (Enclosure 1)
located in Oakland, which is within the East Bay Municipal Utility District's (EBMUD) Ultimate
Service Boundary. EBMUD appreciates the opportunity to provide this response.
Pursuant to Sections 10910-10915 (SB-610) of the California Water Code, the project meets the
threshold requirement for an assessment of water supply availability based on the amount of
water this project would require, a mixed-use project that would demand an amount of water
equivalent to or greater than the amount of water required by a 500 dwelling unit project.
Please note that this assessment addresses the issue of water supply only and is not a guarantee of
service, and future water service is subject to rates and regulations in effect at the time.
Project Demand
The water demands for the Broadway/Valdez District Specific Plan area are accounted for in
EBMUD's water demand projections as published in EBMUD's 2010 Urban Water Management
Plan (UWMP/Enclosure 2). EBMUD's water demand projections account for anticipated future
water demands within EBMUD's service boundaries and for variations in demand-attributed
changes in development patterns. The project site is currently developed with mainly commercial
uses, and the estimated existing water demand for the area is approximately 185,000 gallons per
day (gpd). The projected water demand for the proposed project at build out is 860,000 gpd. The
City provided estimates on the existing and future average water demands for the proposed
project to be approximately 393,000 gpd and 1,029,000 gpd, respectively; these estimates are
based on wastewater generation rates, which results in an overestimate of water demands for
residential, office space, hotels, and parking structure land uses. Given the District's land use
demand approach, system capacity charge studies, and good informational references on water
unit ranges, the District's estimated water demand is 860,000 gpd for the proposed project at

Alisa Shen, Planner III
January 22, 2013
Page 2
build out. In addition, the City's estimates also include a significant quantity of water demand for
parking spaces, which should be zero.
EBMUD's demand projections indicate both densification and land use changes in a majority of
existing land use classifications, including commercial and multi-family residential land use
areas, thus increasing EBMUD's overall demand. EBMUD's 2010 UWMP projects water
demands over time, accounting for estimated variations in demand usage less conservation and
recycled supply sources as noted in Table 4-1, Water Demand Projections for Each Water Use
Sector, of the 2010 UWMP. EBMUD's water demand projections are based on the 2040 Demand
Study (Demand Study), which was completed in 2009. For planning purposes, the demands are
estimated in five-year increments, but it is recognized that actual incremental amounts may occur
stepwise in shorter time increments. An increase in usage by one customer in a particular
customer class does not require a strict gallon-for-gallon increase in conservation by other
customers in that class as, in actuality, the amount of potable demand, conservation and recycled
water use EBMUD-wide will vary somewhat. Future versions of the UWMP, which is updated
every five years, will include an updated assessment of customer demand and water supply.
Project Area
The Broadway/Valdez District Specific Plan project site, is approximately 96 acres and is
bounded by Interstate 580 to the north, Grand Avenue to the south, and centered around
Broadway. As described in the City's Water Supply Assessment request letter, the
Broadway/Valdez District Specific Plan is a mixed-used development project that has a
reasonable foreseeable growth scenario of up to 1,797 residential units, 1,114,050 square feet of
retail space, 694,889 square feet of office space, a hotel with 181 rooms, and up to 6,409 parking
spaces.
EBMUD Water Demand Projections
Since the 1970s, water demand within EBMUD's service area has ranged from 200 to
220 million gallons per day (mgd) in non-drought years. The 2040 water demand forecast of
312 mgd for EBMUD's service area can be reduced to 230 mgd with the successful
implementation of water recycling and conservation programs, as outlined in the 2010 UWMP.
Although current demand is lower than estimated in the Demand Study, as a result of the recent
multi-year drought and the downturn in the economy, the Demand Study still reflects a
reasonable expectation for growth over the long term for demand in year 2040. The
Broadway/Valdez District Specific Plan will not change EBMUD's 2040 demand projection.

Alisa Shen, Planner III
January 22,2013
Page 3
EBMUD Water Supply and Water Rights
EBMUD has water rights permits and licenses that allow for delivery of up to a maximum of
325 mgd from the Mokelumne River, subject to the availability of Mokelumne River runoff and
the senior water rights of other users. EBMUD's position in the hierarchy of Mokelumne River
water users is determined by a variety of agreements between Mokelumne River water right
holders, and the terms of the appropriative water rights permits and licenses, which have been
issued by the State, pre-1914 rights, and riparian rights.
Conditions that could, depending on hydrology, restrict EBMUD's ability to receive its full
entitlement include:
Upstream water use by prior right holders.
Downstream water use by riparian and senior appropriators and other downstream
obligations, including protection of public trust resources.
Variability in rainfall and runoff.
During prolonged droughts, the Mokelumne River supply cannot meet EBMUD's projected
customer demands. To address this, EBMUD has completed construction of the Freeport
Regional Water Facility and the Bayside Groundwater Facility, which are discussed below in the
Supplemental Water Supply and Demand Management section of this assessment. EBMUD has
obtained and continues to seek supplemental supplies.
EBMUD UWMP
The 2010 UWMP, adopted on June 28, 2011 by EBMUD's Board of Directors by Resolution
No. 33832-11, is a long-range planning document used to assess current and projected water
usage, water supply planning and conservation and recycling efforts. A summary of EBMUD's
demand and supply projections, in 5-year increments for a 25-year planning horizon is provided
in Table 4-3, EBMUD Demand and Supply Projections of the 2010 UWMP (Enclosure 3).
EBMUD's evaluation of water supply availability accounts for the diversions of both upstream
and downstream water right holders and fishery releases on the Mokelumne River. Fishery
releases are based on the requirements of a 1998 Joint Settlement Agreement (JSA) between
EBMUD, United States (U.S.) Fish and Wildlife Service, and the California Department of Fish
and Game. The JSA requires EBMUD to make minimum flow releases from its reservoirs to the
lower Mokelumne River to protect and enhance the fishery resources and ecosystem of the river.
As this water is released downriver, it is, therefore, not available for use by EBMUD's
customers.

Alisa Shen, Planner III
January 22, 2013
Page 4
The available supply shown in the attached table (Enclosure 3) was derived from EBMUD's
hydrologic model with the following assumptions:
EBMUD Drought Planning Sequence is used for 1976,1977 and 1978;
Total system storage is depleted by the end of the third year of the drought;
EBMUD will implement its Drought Management Program when necessary;
The diversions by Amador and Calaveras Counties upstream of Pardee Reservoir will
increase over time, eventually reaching the full extent of their senior rights;
Releases are made to meet the requirements of senior downstream water right holders and
fishery releases are made according to the JS A;
Dry-year supply of Central Valley Project (CVP) water, through the Freeport Regional
Water Facility, is available; and
Bayside Groundwater Project, Phase 1, is available.
As discussed under the Drought Management Program section in Chapter 3 of the 2010 UWMP,
EBMUD's system storage generally allows it to continue serving its customers during dry-year
events. EBMUD imposes rationing based on the projected storage available at the end of
September. By imposing rationing in the first dry year of potential drought periods, EBMUD
attempts to minimize rationing in subsequent years if a drought persists while continuing to meet
its current and subsequent-year fishery flow release requirements and obligations to downstream
agencies. Table 3-2, Long-Term Drought Management Program Guidelines, in the 2010 UWMP
summarizes the Drought Management Program guidelines for consumer water reduction goals
based on projected system storage.
In Table 4-3., EBMUD Demand and Supply Projections (Enclosure 3), "Single Dry Water Year"
(or Year 1 of "Multiple Dry Water Years") is determined to be a year that EBMUD would
implement Drought Management Program elements at the "moderate" stage with the goal of
achieving a reduction between 0 to 10 percent in customer demand. Year 2 of "Multiple Dry
Years" is determined to be a year that EBMUD would implement Drought Management Program
elements at the "severe" stage with the goal of achieving between 10 to 15 percent reduction in
customer demand. Year 3 of "Multiple Dry Years" is a year in which EBMUD would implement
Drought Management Program elements at the "critical" stage. Despite water savings from
EBMUD's aggressive conservation and recycling programs and rationing of up to 15 percent,
additional supplemental supplies beyond those provided through the Freeport Regional Water
Facility and the Bayside Groundwater Facility will be needed during Years 2 and 3 of a threeyear
drought. Therefore, supplemental supplies are needed in a multiple-year drought periods
while continuing to meet the requirements of senior downstream water right holders and the
provisions of the 1998 JSA.

Alisa Shen, Planner III
January 22, 2013
Page 5
Supplemental Water Supply and Demand Management
The goals of meeting projected water needs and increased water reliability rely on supplemental
supplies, improving reliability of existing water supply facilities, water conservation and recycled
water programs.
By 2011, EBMUD completed construction of the Freeport Regional Water Facility and the
Bayside Groundwater Facility to augment its water supply during drought periods. However,
additional supplemental supplies beyond those provided through these facilities will still be
needed, as noted above. Chapter 2 of the 2010 UWMP describes potential supplemental water
supply projects that could be implemented to meet projected long-term water demands during
multi-year drought periods.
The Freeport Regional Water Facility became operational in February 2011. EBMUD's ability to
take delivery of water through the Freeport facility is based on its Long Term Renewal Contract
(LTRC) with the U.S. Bureau of Reclamation. The LTRC provides for up to 133,000 acre-feet in
a single dry-year, not to exceed a total of 165,000 acre feet in three consecutive dry years. Under
the LTRC, the CVP supply is available to EBMUD only in dry years when EBMUD's total
stored water supply is forecast to be below 500 total acre feet on September 30 of each year.
Construction of the Bayside Groundwater Project, Phase 1, was completed in 2010. A permit
from the Department of Public Health, which is pending, is required before the groundwater can
be extracted and treated for municipal use. The project is designed to yield 2 mgd over a 6-month
period, resulting in an average annual production capacity of 1 mgd per year.
Chapter 2 of the 2010 UWMP also lists other potential supplemental water projects, including
northern California water transfers, Bayside Groundwater Project Expansion, Los Vaqueros
Expansion and others that could be implemented as necessary to meet the projected long-term
water supplemental need during multi-year drought periods. The 2010 UWMP identifies a broad
mix of projects, with inherent scalability and the ability to adjust implementation schedules for a
particular component, so that EBMUD will be able to continue to pursue the additional
supplemental supplies that are projected to be necessary, while also minimizing the risks
associated with future uncertainties such as project implementation challenges and global climate
change. The Environmental Impact Report that EBMUD certified for the Water Supply
Management Program 2040 examined the impacts of pursuing these supplemental supply
projects at a program level. Separate project-level environmental documentation will be
prepared, as appropriate, for specific components as they are developed in further detail and
implemented in accordance with EBMUD's water supply needs.
In addition to pursuing supplemental water supply sources, EBMUD also maximizes resources
through continuous improvements in the delivery and transmission of available water supplies,
and investments in ensuring the safety of its existing water supply facilities. These programs,

Alisa Shen, Planner III
January 22, 2013
Page 6
along with emergency interties and planned water recycling and conservation efforts, would
ensure a reliable water supply to meet projected demands for current and future EBMUD
customers within the current service area.
The Broadway/Valdez District Specific Plan presents an opportunity to incorporate water
conservation measures. Conditions of approval for the implementation of the Broadway/Valdez
District Specific Plan should require that the project comply with the California Model Water
Efficient Landscape Ordinance (Division 2, Title 23, California Code of Regulations,
Chapter 2.7, Sections 490 through 495). EBMUD staff would appreciate the opportunity to meet
with project sponsors to discuss water conservation programs and best management practices
applicable to such projects. A key objective of these discussions will be to explore timely
opportunities to expand water conservation via early consideration of EBMUD's conservation
programs and best management practices applicable to the project.
The Broadway/Valdez District Specific Plan may not be a likely candidate for recycled water due
to minimal irrigation demand and the potential high cost to provide recycled water to the project
site. However, EBMUD recommends that the City require developers of new or redevelopment
projects within the Broadway/Valdez District Specific Plan area to coordinate and consult with
EBMUD during the planning and implementation phases of future projects regarding the
feasibility of providing recycled water for appropriate non-potable uses.
The project sponsor should contact David J. Rehnstrom, Senior Civil Engineer, at (510) 287-1365
for further information.
Sincerely,
William R. Kirkpatrick
Manager of Water Distribution Planning Division
WRK:AMW:sb
sbl3_002a.doc
Enclosures: 1. Letter of Request for Water Supply Assessment dated November 28,2012
2. EBMUD 2010 Urban Water Management Plan
3. EBMUD Demand and Supply Projections Table
cc: Board of Directors w/o Enclosure 2

Enclosure 1
Planning, Building and Neighborhood Preservation Department
250 Frank H. Ogawa Plaza, Suite 3315, Oakland, California, 94612
November 28,2012
William Kirkpatrick
Manager of Water Distribution Planning
East Bay Municipal Utility District
P.O. Box 24055
Oakland, CA 94623-1055
RE:
Request for Confirmation of Water Supply Assessment for the proposed
Broadway/Valdez District Specific Plan, Oakland (SCH #2012052008; Oakland Planning
Case No. ZS12046 and ER120005)
Dear Mr. Kirkpatrick:
Per amendments to Section 10912 of the Water Code implemented by Senate Bill 610, the City
of Oakland is submitting this request to the East Bay Municipal Utility District (EBMUD) to
prepare a Water Supply Assessment (WSA). The assessment is required in order to determine
whether adequate water supply is available to meet the projected water demand of the proposed
implementation of the Broadway/Valdez District Specific Plan. A Notice of Preparation (NOP)
for an Environment Impact Report (EIR) was sent to you on May 2,2012.
The Broadway/Valdez District Specific Plan ("the Plan") will be a 25-year planning document,
with a planning horizon to the year 2035. The Plan will develop strategies to encourage more
retail and mixed-use development in the areas on and off Broadway between Grand Avenue and
Interstate 580. The Plan will include general plan and zoning amendments, along with detailed
strategies and work programs to create and implement projects, site design and development
standards, as well as funding strategies to carry out the Plan. The Project (^reasonably,
foreseeable" growth scenario) assnmes development of up to 1,797 residential units;
1.114,050 square feet of retail space: 694.889 square feet of office space: a 181-room hotel;
and up to 6.409 parking spaces, which collectively exceeds the thresholds for requiring a
WSA. The estimated water demand for the Protect is 1,028,940 gpd. as shown in the
attached tables.
Although EBMUD 3 s May 17 2012 letter (in response to the NOP) requested that future
development projects in the area request separate WSAs, the City nevertheless requests EBMUD
prepare a WSA at this time for the entire development program/Project so as to avoid future
individual projects from having to prepare separate WSAs, as long as the future project conforms
to the Plan. This will help ensure future development projects in conformance with the Plan will

have an expedited review process, one of trie basic purposes of the Plan. Moreover, it also allows
EBMUD, and the City, to better coordinate long-range planning efforts.
The City respectfully requests that EBMUD immediately prepare a WSA for the proposed
project as described above. The City acknowledges that this request for an assessment is a
required part of the environmental documentation for the project. We appreciate your prompt
response to this request.
. Please contact me if you need additional information. I can be reached at (510) 238-2166 or by
email at ashen@oaklandnet.com.-
Sincerely,
y Alfc4a Shi
Planner HI
Strategic Planning Division
cc:
Elizabeth Kanner, ESA Associates

Water Besaaad Stesmmary
Devebpmeat
Area Eadsfeg
VaMez Triangle 240,664
North led 152,209
Total 392 f S73
Water IteEHaad (gpd)
Proposed
48:9,433
535,452
lEcrease
24S,S24
387,243
103%
254%
162%
Land Use (Easting D&^apmeat to Remain) Snangiary
Birveltjp!ine£Lt
Arta
Valdei Itia-m^a
Ner&Ead 346JS7 312,794 230 0' LS02
0g2 473 4216,771 35-7 0 2,67(1
Kfee: TMs taMe iaidades apse-foEages im& UHJE of erdslikg deisispEHiest its isiasiaTSTilim xhs Prajea Area including er-dsisig
te'eilepmfiEt sQuu: will peaaaia as part cfX^w BeKQcpiaai! wstea. ihe Prsjart .4iaa.
Land Use (New Be'sstopiHgiH.'t) SoaamiaTy
Bfrvdiopmeat
Area
Valdei itaaa^Ju
(sqnare-feet)
793 r 5#4
Ofike
(sqnare-feet)
llfi.085
Residential
(dweling
mmitej!
N@rth.Eai 320,545 57S.S04 767 0'
3,015
Total
®4 3 S§9 1,797 ir7,fis& 181
yfpyy T^nl pptp^swl gj^tiaya-qn^gw; sftfi^ cm TVi^a ^ 4-Thvn(pfl=g^ WJIUMT P.PCT^g^ H^iapara wrlmfe WifeaHrig ^Plipirgiwpr-T
sffiuare-fisoiagaj tot wall EUHda as post cf New DsretapEeat -reitiaE ttie Project Assa.
1,030
Eeside-Edaii Hotel
f'arMisg
(dwelling SqiLagrefe&t
(square-feet) (sqaare-feet)
Units (sgace-s)
limits)
eid^i 113,977 127 0 863
Hotel
Sqaaorefe&f
Unils
117.700 IS!
farMug
(spaces)
3394
Land Use (EiijiiEg De^opjnemt to Reeaain + New Devdopmeut)
Resid&Biial
De^elopmezif
Office
(dweUang
Area (sqaare-feet) (square-feet)
units)
Valdeilkisra^le 1,405,795 23ffl,0S2 1,157
North End
Total
666,733
2,07fi^2S
S91,598
1,121,SS(I
997
2,164
Mate!
Squarefeet
UjHfe
1I7 : 700 IS1
0
117,ffi(S
0
111
ParMisg
(spaces)
4,262
4,S17

Enclosure 3
EAST BAY MUNICIPAL UTILITY DISTRICT DEMAND AND SUPPLY PROJECTIONS
(Reference: Table 4-3, UWMP 2010 - EBMUD)
PROJECTED DEMAND (MGD)
CUSTOMER DEMAND 2
ADJUSTED FOR CUMULATIVE CONSERVATION 3
ADJUSTED FORRECYCLED WATER 4
PLANNING LEVEL OF DEMAND
2010
251
(26)
(9)
216
2015 2020 2025 2030 2035 1 2040
266
(32)
(ID
223
280
(43)
(16)
221
291
(49)
m
in
304
(56)
(19)
229
308
(59)
(20)
229
312
(62)
(20)
230
PROJECTED AVAILABLE SUPPLY AND NEED FOR SUPPLEMENTAL SUPPLY (MGD) 5
NORMAL Y;EAR
SUPPLEMENTAL SUPPLY NEED
SINGLE DRY YEAR (MULTIPLE DRY-YEARS- YEAR 1)
AVAILABLE SUPPLY
CUSTOMER RATIONING 6
SUPPLEMENTAL SUPPLY WEED 7
MULTIPLE DRY YEA® - YEAR 2
ARABLE SUPBLT
CUS^MIRR^QNING 6
SUfLEMENTM,SUPpNEED 7
MULTIPLE SB
>216 >223 >221 >224 >229 >229 >230
o o 0 0
211
2%
5
183
15%
21
1$
»•
21
217 215
3% 3%
218 223
3% 3%
7 7
19©
15% 15% 15%
21 21 21 22
21
im IB
M it
222 222
3% -m
8 8
P
Si
22 22
21 •#••; m
m
E^ih^fe«yi%d;v^er^'ieved:perjthe^fl^^h|up;p^i!|lanag
Proved ^aiia^supp'I/dateineluag^ye^My*^
the nilgSiB'devefcjpa intbe-%ij§rt:|E,2Q03;
2010. ' : -'
in tfeihteiim Dreught Management'BfQgfacn Gui|eliues^iSGU.ssed: in Appendix G-2.

EBMUD
TITLE
5,
AGENDA NO. _
MEETING DATE January 22.2013
WATER SUPPLY ASSESSMENT FOR THE LAKE MERRITT STATION AREA
PLAN
0 MOTION
• RESOLUTION
• ORDINANCE
RECOMMENDED ACTION
Approve the Water Supply Assessment (WSA) requested by the City of Oakland (City) for the Lake
Merritt Station Area Plan pursuant to California Water Code, Sections 10910-10915.
SUMMARY
The Lake Merritt Station Area Plan project site (located within the District's Ultimate Service Boundary)
is approximately 315 acres and is bounded by 14th Street to the north, Interstate 880 to the south,
Broadway and Franklin Street to the west, and 4th and 5th Avenue to the east (see Attachment A). As
described in the City's WSA request letter, the Lake Merritt Station Area Plan is a transit-oriented mixedused
development project that has a reasonably foreseeable growth scenario of 4,900 residential units,
404,000 square feet of retail space, 1,229,000 square feet of office space, and 108,000 square feet of
institutional space.
The project site includes the Lake Merritt Bay Area Rapid Transit Station (BART), Oakland Chinatown
business and residential districts and Laney College. The site is currently developed with commercial and
residential uses with an estimated existing annual average water use of approximately 1,070,000 gallons
per day (gpd). The projected water demand for the proposed project at build out is estimated to be
2,130,000 gpd. The City provided estimates on the existing and future average water demands for the
proposed project of approximately 1,480,000 gpd and 2,873,000 gpd, respectively; these estimates are
based on wastewater generation rates, which results in an overestimate of water demands for residential
and office space land uses. Given the District's land use demand approach, system capacity charge
studies, and good informational references on water unit ranges, the District's estimated water demand is
2,130,000 gpd for the proposed project at build out. This demand is accounted for in the District's Urban
Water Management Plan (UWMP). Approval of the assessment is described in the attached letter
(Attachment B) and upon Board approval will be sent to the City.
Funds Available:
Budget Code:
DEPARTMENT SUBMITTING
Engineering and Construction
DEPARTMENT MANAGER or DIRECTOR
fo f- Javier J. Mas
APPROVED
/-l^'
Leral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl WSA 0306

Water Supply Assessment for the Lake Merritt Station Area Plan
January 22, 2013
Page 2
DISCUSSION
On November 27,2012, the City submitted a formal request for consultation between the District and the
City regarding water service to the Lake Merritt Station Area Plan, pursuant to California Water Code,
Section 10912. The project, for which an Environmental Impact Report is being prepared, meets the
threshold requirement for an assessment of water supply availability (a mixed-use project that would
demand an amount of water equivalent to or greater than the amount of water required by a 500 dwelling
unit project). The City is required to consult with the public water supplier to determine whether the water
demand associated with the proposed project was included in its last UWMP, and to assess whether its
20-year water supply (available during normal, single-dry and multiple-dry water years) will meet the
water demand associated with the proposed project.
The 2010 UWMP concludes that the District has, and will have, adequate water supplies to serve existing
and projected demand within the Ultimate Service Boundary during normal and wet years, but that deficits
are projected for drought years. The District's Water Supply Management Plan includes up to a 15 percent
water conservation requirement in a severe drought. The project will be subject to the same drought
restriction as all District customers.
The WSA letter requests that the City comply with the California Code of Regulations concerning waterefficient
landscapes and District water service regulations in force at the time the application is made. The
letter also requests a meeting to discuss water conservation opportunities in the project area. A key
objective of this discussion will be to explore timely opportunities to maximize conservation via early
consideration of the District's conservation programs and State and Federal best management practices
applicable to the project.
The Lake Merritt Station Area Plan is located within and around the District's East Bayshore recycled
water pipeline infrastructure and several facilities within the plan area use recycled water for irrigation
purposes. The District recommends that the City require developers of new or redevelopment projects
within the Lake Merritt Station Area Plan area to coordinate and consult with the District during the
planning and implementation phases of future projects regarding the feasibility of providing recycled
water for appropriate non-potable uses.
ALTERNATIVE
Do not submit a response. This alternative is not recommended. This assessment has been prepared
pursuant to California Water Code, Sections 10910-10915. It is consistent with the law and the District's
past WSAs.
Attachments: A. Map - Lake Merritt Station Area Plan
B. District's Response to November 27,2012 Water Supply Assessment Request
i:\SEC\01-22-13 Board Agenda Items\E&C WSA Lake Merritt Station Area Plan sbl3_003.doc

LAKE MERRITT STATION
AREA PLAN
Attachment A
OAKLAND
ALAMEDA
X
>
*,^lfe

Attachment B
DRAFT
January 22,2013
Christina Ferracane, Planner II
City of Oakland
Planning, Building and Neighborhood Preservation Department
Strategic Planning Division
250 Frank H. Ogawa Plaza, Suite 3315
Oakland, CA 94612
Re:
Water Supply Assessment - Lake Merritt Station Area Plan
Dear Ms. Ferracane:
This letter responds to the City of Oakland's (City) request of November 27, 2012, for water
agency consultation concerning the Lake Merritt Area Plan (Enclosure 1) located in Oakland,
which is within the East Bay Municipal Utility District's (EBMUD) Ultimate Service Boundary.
EBMUD appreciates the opportunity to provide this response.
Pursuant to Sections 10910-10915 (SB-610) of the California Water Code, the project meets the
threshold requirement for an assessment of water supply availability based on the amount of
water this project would require, a mixed-use project that would demand an amount of water
equivalent to or greater than the amount of water required by a 500 dwelling unit project.
Please note that this assessment addresses the issue of water supply only and is not a guarantee of
service, and future water service is subject to rates and regulations in effect at the time.
Project Demand
The water demands for the Lake Merritt Station Area Plan area are accounted for in EBMUD's
water demand projections as published in EBMUD's 2010 Urban Water Management Plan
(UWMP/Enclosure 2). EBMUD's water demand projections account for anticipated future water
demands within EBMUD's service boundaries and for variations in demand-attributed changes in
development patterns. The project site is currently developed with commercial, institutional, and
residential uses, and the estimated existing water demand for the area is approximately
1,070,000 gallons per day (gpd). The projected water demand for the proposed project at build
out is 2,130,000 gpd. The City provided estimates on the existing and future average water
demands for the proposed project to be approximately 1,480,000 gpd and 2,873,000 gpd,
respectively; these estimates are based on wastewater generation rates, which results in an
overestimate of water demands for residential and office space land uses. Given the District's
land use demand approach, system capacity charge studies, and good informational references on

Christina Ferracane, Planner II
January 22,2013
Page 2
water unit ranges, the District's estimated water demand is 2,130,000 gpd for the proposed
project at build out.
EBMUD's demand projections indicate both densification and land use changes in a few existing
land use classifications, including commercial and residential land use areas, thus increasing
EBMUD's overall demand. EBMUD's 2010 UWMP projects water demands over time,
accounting for estimated variations in demand usage less conservation and recycled supply
sources as noted in Table 4-1, Water Demand Projections for Each Water Use Sector, of the
2010 UWMP. EBMUD's water demand projections are based on the 2040 Demand Study
(Demand Study), which was completed in 2009. For planning purposes, the demands are
estimated in five-year increments, but it is recognized that actual incremental amounts may occur
stepwise in shorter time increments. An increase in usage by one customer in a particular
customer class does not require a strict gallon-for-gallon increase in conservation by other
customers in that class as, in actuality, the amount of potable demand, conservation and recycled
water use EBMUD-wide will vary somewhat. Future versions of the UWMP, which is updated
every five years, will include an updated assessment of customer demand and water supply.
Project Area
The Lake Merritt Station Area Plan project site is approximately 315 acres and is bounded by
14th Street to the north, Interstate 880 to the south, Broadway and Franklin Street to the west,
and 4th and 5th Avenue to the east. As described in the City's Water Supply Assessment request
letter, the Lake Merritt Station Area Plan is a transit-oriented mixed-used development project
that has a reasonably foreseeable growth scenario of 4,900 residential units, 404,000 square feet
of retail space, 1,229,000 square feet of office space, and 108,000 square feet of institutional
space.
EBMUD Water Demand Projections
Since the 1970s, water demand within EBMUD's service area has ranged from 200 to
220 million gallons per day (mgd) in non-drought years. The 2040 water demand forecast of
312 mgd for EBMUD's service area can be reduced to 230 mgd with the successful
implementation of water recycling and conservation programs, as outlined in the 2010 UWMP.
Although current demand is lower than estimated in the Demand Study, as a result of the recent
multi-year drought and the downturn in the economy, the Demand Study still reflects a
reasonable expectation for growth over the long term for demand in year 2040. The Lake Merritt
Station Area Plan will not change EBMUD's 2040 demand projection.
EBMUD Water Supply and Water Rights
EBMUD has water rights permits and licenses that allow for delivery of up to a maximum of
325 mgd from the Mokelumne River, subject to the availability of Mokelumne River runoff and

Christina Ferracane, Planner II
January 22,2013
Page 3
the senior water rights of other users. EBMUD's position in the hierarchy of Mokelumne River
water users is determined by a variety of agreements between Mokelumne River water right
holders, and the terms of the appropriative water rights permits and licenses, which have been
issued by the State, pre-1914 rights, and riparian rights.
Conditions that could, depending on hydrology, restrict EBMUD's ability to receive its full
entitlement include:
Upstream water use by prior right holders.
Downstream water use by riparian and senior appropriators and other downstream
obligations, including protection of public trust resources.
Variability in rainfall and runoff.
During prolonged droughts, the Mokelumne River supply cannot meet EBMUD's projected
customer demands. To address this, EBMUD has completed construction of the Freeport
Regional Water Facility and the Bayside Groundwater Facility, which are discussed below in the
Supplemental Water Supply and Demand Management section of this assessment. EBMUD has
obtained and continues to seek supplemental supplies.
EBMUD UWMP
The 2010 UWMP, adopted on June 28,2011 by EBMUD's Board of Directors by Resolution
No. 33832-11, is a long-range planning document used to assess current and projected water
usage, water supply planning and conservation and recycling efforts. A summary of EBMUD's
demand and supply projections, in 5-year increments for a 25-year planning horizon is provided
in Table 4-3, EBMUD Demand and Supply Projections of the 2010 UWMP (Enclosure 3).
EBMUD's evaluation of water supply availability accounts for the diversions of both upstream
and downstream water right holders and fishery releases on the Mokelumne River. Fishery
releases are based on the requirements of a 1998 Joint Settlement Agreement (JSA) between
EBMUD, United States (U.S.) Fish and Wildlife Service, and the California Department of Fish
and Game. The JSA requires EBMUD to make minimum flow releases from its reservoirs to the
lower Mokelumne River to protect and enhance the fishery resources and ecosystem of the river.
As this water is released downriver, it is, therefore, not available for use by EBMUD's
customers.
The available supply shown in the attached table (Enclosure 3) was derived from EBMUD's
hydrologic model with the following assumptions:
EBMUD Drought Planning Sequence is used for 1976, 1977 and 1978;
Total system storage is depleted by the end of the third year of the drought;
EBMUD will implement its Drought Management Program when necessary;

Christina Ferracane, Planner II
January 22, 2013
Page 4
The diversions by Amador and Calaveras Counties upstream of Pardee Reservoir will
increase over time, eventually reaching the fall extent of their senior rights;
Releases are made to meet the requirements of senior downstream water right holders and
fishery releases are made according to the JS A;
Dry-year supply of Central Valley Project (CVP) water, through the Freeport Regional
Water Facility, is available; and
Bayside Groundwater Project, Phase 1, is available.
As discussed under the Drought Management Program section in Chapter 3 of the 2010 UWMP,
EBMUD's system storage generally allows it to continue serving its customers during dry-year
events. EBMUD imposes rationing based on the projected storage available at the end of
September. By imposing rationing in the first dry year of potential drought periods, EBMUD
attempts to minimize rationing in subsequent years if a drought persists while continuing to meet
its current and subsequent-year fishery flow release requirements and obligations to downstream
agencies. Table 3-2, Long-Term Drought Management Program Guidelines, in the 2010 UWMP
summarizes the Drought Management Program guidelines for consumer water reduction goals
based on projected system storage.
In Table 4-3, EBMUD Demand and Supply Projections (Enclosure 3), "Single Dry Water Year"
(or Year 1 of "Multiple Dry Water Years") is determined to be a year that EBMUD would
implement Drought Management Program elements at the "moderate" stage with the goal of
achieving a reduction between 0 to 10 percent in customer demand. Year 2 of "Multiple Dry
Years" is determined to be a year that EBMUD would implement Drought Management Program
elements at the "severe" stage with the goal of achieving between 10 to 15 percent reduction in
customer demand. Year 3 of "Multiple Dry Years" is a year in which EBMUD would implement
Drought Management Program elements at the "critical" stage. Despite water savings from
EBMUD's aggressive conservation and recycling programs and rationing of up to 15 percent,
additional supplemental supplies beyond those provided through the Freeport Regional Water
Facility and the Bayside Groundwater Facility will be needed during Years 2 and 3 of a threeyear
drought. Therefore, supplemental supplies are needed in a multiple-year drought periods
while continuing to meet the requirements of senior downstream water right holders and the
provisions of the 1998 JSA.
Supplemental Water Supply and Demand Management
The goals of meeting projected water needs and increased water reliability rely on supplemental
supplies, improving reliability of existing water supply facilities, water conservation and recycled
water programs.
By 2011, EBMUD completed construction of the Freeport Regional Water Facility and the
Bayside Groundwater Facility to augment its water supply during drought periods. However,
additional supplemental supplies beyond those provided through these facilities will still be

Christina Ferracane, Planner II
January 22, 2013
Page 5
needed, as noted above. Chapter 2 of the 2010 UWMP describes potential supplemental water
supply projects that could be implemented to meet projected long-term water demands during
multi-year drought periods.
The Freeport Regional Water Facility became operational in February 2011. EBMUD's ability to
take delivery of water through the Freeport facility is based on its Long Term Renewal Contract
(LTRC) with the U.S. Bureau of Reclamation. The LTRC provides for up to 133,000 acre-feet in
a single dry-year, not to exceed a total of 165,000 acre feet in three consecutive dry years. Under
the LTRC, the CVP supply is available to EBMUD only in dry years when EBMUD's total
stored water supply is forecast to be below 500 total acre feet on September 30 of each year.
Construction of the Bayside Groundwater Project, Phase 1, was completed in 2010. A permit
from the Department of Public Health, which is pending, is required before the groundwater can
be extracted and treated for municipal use. The project is designed to yield 2 mgd over a 6-month
period, resulting in an average annual production capacity of 1 mgd per year.
Chapter 2 of the 2010 UWMP also lists other potential supplemental water projects, including
northern California water transfers, Bayside Groundwater Project Expansion, Los Vaqueros
Expansion and others that could be implemented as necessary to meet the projected long-term
water supplemental need during multi-year drought periods. The 2010 UWMP identifies a broad
mix of projects, with inherent scalability and the ability to adjust implementation schedules for a
particular component, so that EBMUD will be able to continue to pursue the additional
supplemental supplies that are projected to be necessary, while also minimizing the risks
associated with future uncertainties such as project implementation challenges and global climate
change. The Environmental Impact Report that EBMUD certified for the Water Supply
Management Program 2040 examined the impacts of pursuing these supplemental supply
projects at a program level. Separate project-level environmental documentation will be
prepared, as appropriate, for specific components as they are developed in further detail and
implemented in accordance with EBMUD's water supply needs.
In addition to pursuing supplemental water supply sources, EBMUD also maximizes resources
through continuous improvements in the delivery and transmission of available water supplies,
and investments in ensuring the safety of its existing water supply facilities. These programs,
along with emergency interties and planned water recycling and conservation efforts, would
ensure a reliable water supply to meet projected demands for current and future EBMUD
customers within the current service area.
The Lake Merritt Station Area Plan presents an opportunity to incorporate water conservation
measures. Conditions of approval for the implementation of the Lake Merritt Station Area Plan
should require that the project comply with the California Model Water Efficient Landscape
Ordinance (Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490
through 495). EBMUD staff would appreciate the opportunity to meet with project sponsors to

Christina Ferracane, Planner II
January 22, 2013
Page 6
discuss water conservation programs and best management practices applicable to such projects.
A key objective of these discussions will be to explore timely opportunities to expand water
conservation via early consideration of EBMUD's conservation programs and best management
practices applicable to the project.
The Lake Merritt Station Area Plan is a candidate for recycled water. The project area is located
within and around EBMUD's East Bayshore recycled water pipeline infrastructure, and several
facilities within the project area have been utilizing recycled water for irrigation purposes.
EBMUD recommends that the City require developers of new or redevelopment projects within
the Lake Merritt Station Area Plan area to coordinate and consult with EBMUD during the
planning and implementation phases of future projects regarding the feasibility of providing
recycled water for appropriate non-potable uses.
The project sponsor should contact David J. Rehnstrom, Senior Civil Engineer, at
(510) 287-1365 for further information.
Sincerely,
William R. Kirkpatrick
Manager of Water Distribution Planning Division
WRK:AMW:sb
sbl3_003a.doc
Enclosures: 1. Letter of Request for Water Supply Assessment dated November 27, 2012
2. EBMUD 2010 Urban Water Management Plan
3. EBMUD Demand and Supply Projections Table
cc: Board of Directors w/o Enclosure 2

Enclosure 1
CITY OF OAKLAND
DALZIEL BUILDING • 250 FRANK H. OCAWA PLAZA, SUITE 3315 • OAKLAND, CALIFORNIA 94612-2032
Department of Planning, Building and Neighborhood Preservation (510} 238-3941
Planning & Zoning Services Division FAX (510} 238-6538
TDD (510) 238-3254
November 27, 2012
Mi, David Rehnstrom
East Bay Municipal Utility District
Water Distribution Planning Division
375 11 th Street, MS 701
Oakland, C A 94612
RB:
Request for Confirmation of Water Supply Assessment for the proposed Lake Merritt
Station Area Plan, Oakland (SCH#2012032012, Oakland Planning Case no. ER11-0017)
Dear Mr. Rehnstrom:
Per amendments to Section 10912 of the Water Code implemented by Senate Bill 610, the City
of Oakland is submitting this request to the East Bay Municipal Utility District (EBMUD) to
prepare a Water Supply Assessment (WSA). The assessment is required in order to determine
whether adequate water supply is available to meet the projected water, demand of the proposed
implementation of the Lake Merritt Station Area Plan. A Notice of Preparation (NOP) for an
Environment Impact Report (EIR) was sent to you on March 1,2012.
• The Lake Merritt Station Area Plan is a Specific Plan that will include general plan and zoning
amendments, along with detailed strategies and programs to encourage projects, site design and
development standards, as well as funding and implementation strategies to carry out the policies
in the Plan. The "reasonably foreseeable" growth scenario assumes development of: 4,900 new
housing units; 404,000 square feet of commercial retail space; 1,229,000 square feet of
commercial office space; and 108,000 square feet of institutional space, which collectively
exceeds the thresholds for requiring a WSA.
Although EBMXJD's March 26,2012, letter (in response to the NOP) requested that future
development projects in the area request separate WSAs, the City nevertheless requests EBMUD
prepare a WSA at this time for the entire development program so as to avoid future individual
projects from having to prepare separate WSAs, as long as the future proj ect conforms to the -
Guide. This will help ensure future development projects in conformance with the Guide will
have an expedited review process, one of the basic purposes of the Guide. Moreover, it also
allows EBMUD, and the City, to better coordinate long-range planning efforts.

The City respectfullyrequests that EBMUD immediately prepare a WSA for the proposed
project as described in the NOP mailed to you earlier and included here again for your
convenience. The City acknowledges that this request for an assessment is a required part of the
environmental documentation for the project. We appreciate your prompt response to this
request.
Please contact me if you need additional information. I can be reached at (510) 238-3362 or by
email at aparker@oaklandnet.cpm.
Sincerely, r\
Alicia Parker
Planner II
Strategic Planning Division
cc:
Leslie Gould and Hannah Lindelof, Dyett & Bhatia

Attachment 1
Lake Merrit Station Area Plan (LMSAP)
Water Demand Estimate Summary
Land Use-Unit
Residential Units (1)
Retail Square Feet (3)
Office Square Feet
Institutional Square Feet (4)
AutbSenvicesi{Square:feet}
Hofe! (Squa"fiji§sefr:s'., l^fs".
,Ughi1ndust'r1ai/QWer : ffiit(merciar'(SF)
Structural Parking
Total
I/sage Factor (2)
Avg. Daily Use
GPD/Unit
220
0.11
0.22
0.11
0,11
025
011
0.028
Existing
Development
3,000
843,000
1,022,000
3,467,000
64,500L
369T800.
192,000
Existing
Average Daily
(GPD)
660,000
92,730
224,840
381,370
7 095
92,450
21,120
-
1,479,605
LMSAP Net New
Development
(2035) 6
4,900
404,000
1,229,000
108,000
(29,019)
(51,597)
(29,540)
300,000
LMSAP Wet New
Average Daily Use
(GPD)
1,078,000
44,440
270,380
11,880
(3,192)
(12,899)
(3>249)
8,400
1,393,759
Total GPD
1,738,000
137,170
495,220
393,250
3,903
79;551
17,871
8,400
2,873,364
1. Existing residential units is based on ACTC/ABAG projections for 2005, with projects completed between 2005 and 2012 added in.
2. Based on City of Oakland Average Flow Rates for Sewer Generation Calculation plus 10%, see chart below.
3. Non-residential square feet are estimated based building footprint square footage, multiplied by the number of stories in existing buildings.
4. Estimated Average Rates assumed to be similar to commercial use rates. Institutional uses include new community type facilities at Laney College.
5. Existing jobs are based on ACTC/ABAG projections for 2005; Plan jobs are based on one job for every 350 SF of retail space and one job for every 400 square feet o
6. ACTC 2005-2035 minus projects completed between 2005 and 2012 (which are included in the existing condition).
7. Net new development assumes reductions for any existing land uses.
8. Water use assumed for structured parking only.
9. Parking square feet calculated by multiplying the number of parking spaced by 250 sf/space.
10. Assumed hotel generation rate equal to motel.
11. Water demand is 10 percent greater than Sewer Generation rate.
12. For hotel assume that 1 room is equal to 650 sf.
Average Rates Used for Usage Calculation
(From City of Oakland Sanitary Sewer Design Guidelines, revised August 2008)
Automobile parking
Commercial
Motel
Office Building
Residential - 2 bedroom apt. or condo
Retail Area
0.028 gpd/sf
0.11 gpd/sf
165 gpd/sf
0.22 gpd/sf
220 gpd/unit
0.11 gpd/sf
11/30/2012

Attachment 2
CITY OF OAKLAND
WATLK rMS'R^IJTlON
PAlZIEL BL.i|I.D«N(] • 250 FRANK H. OCAWA RAM, &U i T t 311 Jj • OA^ND, CALU"ORN|A 94612-2032
i cmtiri.iiiily .imi l.ronunut jitvu-loprnunl Ajyr-nry ^ .. , ,u firakH. Ogawa Plaza, Suite MIS, Oakland, CA. &46I2; i«|-23«-VTJS (phon.«)i 510-
23S-6S3S (fax); or e-mailed to ernaHmsSjgi'almbiandnst.c-oni. Gomrnente an tine NOP mwst Lift
reraaved aL the above mailuig ai e-mail address by jdjff p.m Agril 1 ; 2012. Please reference case
nurabeis ZSll22SMEll0fll in ail uatFuspoodeincp, fc aS^itKia, «e»UKsnts way be providisd at the
EfPi &opiiiii| Sesai

PROJECT TITLE; L-flke Merritt Station Area ifen
PROJECT LOCATION: The l&k& Merit Slaticsa Planning Area &s located in the hmfi of
Oakland, part of the urban center of Hie San Francisco Bay Area. Ths Plarau;xg Art:, is siirro-iOldea
by s. variety of ndghborhoocfe &od ds^inatiotis, uieiuduig Downtown Qstdsisd, Lake Mttfitt, me
Jack Lander. District, t]« lakeside Apanraenl Dujuict. Old Oakland; and ttie Oakland Estuajy sad
Chry or Alameda arc locswd TO ik$ south. Tbc Planning Area's contest is shown, in Figure L,
The Lake Memtt Station Planning Area «ncoinp*SS*a &ppK>&rfiaiefy315 3«res, iaai is generally
boustfi &V !4* S*' eec to ^s ncrth ^ ^ to !he say^ Broadway and Fraoklii Street to the west, and
4 ft and 5 rt Avenue 1* die cast. The Plasning Area -rsc-ludes the Lake Memtt Bay Area Rapid Transit
(BAM) Statiaa. OaldanaCftfeaawn ftusififissar.d I'i-sidavaai disoieis, Laaey Colit^;- ttidP*rtiWi
Qsrarasin]^ Colisise LHsTfiet Adittiniscratioa facilities, the GaidaruS Public Library,, the Oakland
Museum of California, She AlMl&da Comsty CowtlMUSe M otlier County offices, the Mil&
Pea]ca Coiwnuiri.it>' College District, thKM^gh & .grant from the Mecropoliten TfanSpOflatioa
CdutirjissiofB (MTCi,. have conic- togsth&r to prepiEre a Station Area Plait for the general half rnsls
uiea surrourKibg 1ilJ* I^ke Memtt BART Station. The Iske Merrill Stetson Aiea fuacfians as a
signiifitanii citywi*4e and ^e^onal cenier, wilh variaiis esiating bdss af activity, as described above.
The Ptsnnmg Ar«* includes, many diverse residssfis, &taslGnls b einployees and business owners. Tfea
Flarreiing Area ftlso infi]udcs sevcrai lusta-iic properties and distrte^ uiukdimy; hcs« designated by
the CitjTof Oisklarad m l^ing. Areas of frimary fanpcTtanoB (Afl); Arras of SecGsidaiy Importance
i AS1); properties iadividuaUy fated A, B 3 C, or D; and Landmark Properties.
fsjsttigg v. physical eiiviioftitien^l issy*s its 1hs project area iflsi*, but. are not isEfiBtedto, air
potfeti&ti aad noise associated with the 1-S8G leeway and major arteriatSj air poIluTtoa from toxic
asir contamkiantH; 5«bs«8.Jiidajd inftass&uctare., mnludiig iDads- ai&d inilacics; and soi] tod UtiuKii'fvate
eoiHsmnsation associated with previous uses in the project aca, including apprtvjdniately Sweaty
seven (27) properties identified; on fan CalifotaJa. Envroonsnisntel ProtecticHi Agency's Coxftesc List
FBOJECT BESCHIPTION i
The Lake Merritt Station Area Plan wlU h$ a 25 -year planning docunwait, with a ptaiairng horiaan to
The y&sr 303-5. Hie Flan will buiW on extensive oanmiunily feedback to stticulate & roadraap m
future traaat-ori^iited. dewlopibsat, cantiiajcd revitaliaatiein and ecoftoriiic growth^ mid cQxrmmitf
enhancements b the Staiion Area-
The PlittL wi]I include Isnd uss changes ilsatsedt to rfrduoc ftte barriers to increased transit use froai
both tlie irtisicdiaie area and surraioding r^ighfeOihoc-^S; «rld to create as acdviiy core aroimd a
rejuvewatfid Lafee Merritt BART scatioa, Saffisit8Be©us]y, Ite Plaxs will reisTforcesxid integrate the
culDJt-al and recreational r&saunr-ss flialniakft this transit s&tion isalque. Tlie PLaii will took at ways
in which .streets, open spaces, and other irtfiastRjetese in tiss weacan.Te improved, and will
establish reguladqas for dBvekrorneail piojecis that fUrtSsr 1fcfc 9e*'s vi&li^1 and safety. The Flan
will contain policies addi-cssbg a wide rsfige of topics, including:

«• Land Us;
* Building Design Sfasidanfe and Guidelines;
* Open Spau-e and Reereauoaal Facilities;
* £&s«tseape Design, Ctai-ter,. and Improveniarnsj
* CuJ rural and Historic Preservation;
••
CiiTciilafeOTL, Access, and Parking {ir.dud.ing BART Access Improvements'};.
* Community Resources, including an Affordable Housing Strategy;
s
Economic Development;
* Utilities and Public Services;
* Jtufrggtnscture Finarscing tod Phasing; And
* Implementation.
The 3 5 lsn vflll comsasi of wrictea. text, amps,, arid diagrams tlm express how the lake Mern.Lt Station
Plaiwang Area aheald develop into ihc future, and Wsfl sdenlif^ k^V aciioas the City and other
entities s]iou.1d sake to improve fhs Planair.g Area. The Plan "mil »ver Laad use, development
densirp 1 , tiwulfttion. and infrastructure, and have legal authority as a reguJEtory docuKusnt. Il mil
contain elemeate r-squinsd of Specific Plans, such as:
* The ciistniNrion, Lacatioa, artd extent of the uses of land, taclading open space, within I3ie
area covered by Hie plan;,
•• Th* piftposed disSribatioti, liocatioa, and extcrst ard. jrxtesnsity of majar components of pmblic
and private transportation., sewage, wate, dcainAge, solid 'waste- disposal,, eaiergy,. and otiter
gsssmtisi fecUJtieg propsssd o be located witflsin she area cov®ed by the plan and needed to
support i-he laud uses described in tlic plan- •
* SteHsdards and criteria by which developtneM will proceed^ and ssgMaids for tlie
conaervati0i3,, dewelopmeat, and utilisation, of natural f esoraccg, wlicfc appticebSej and
* A piofraB-s of iraplernentaitoo fijea^uiEg,. iiacludiiig regnlaijons, ptxjgranis, public works
ptojeclS;, and nsrasicmg. measures ncce-Ssaij r to cany (ml she prciposed impravemeiilE-
Frar mare 5nionnaic3E!! on 1he project please visit the project website at
Ttttn:// l www.buaness2qati3and,6CKn/lakgtn^ritljap,
PaOBABLl ENVIRONMENTiUL EFFECTSi
It is anticipated that the proposed project wco$l

{•here are IM agricultural and forest land «&5>wrt«4 in the Plajmmg Area), and mineral resources
(there arc no mineial resources in the Planning Art&)
The Draft EIR will aJ&a ftxamme a reasonable range of alten»tives xo the Project, includbg tb-
CBQA-irtandated No Project ASteinativ:, and other potential alternatives that may be capable or
rssfcting or avoiding potential environmental effects.
hie Number-ZSl 1225,
>6ic AngSI&Jl
ER!]0017 DirsctWv rJcpaitjuetit of l£nnm&. Building md
Nei^jborl«>o4 P jeservation
E^irOifflfietital Review Officer
Attachments:
F:gurs I: Planning Area Context
Figure 2: Planning Boundary.

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Enclosure 3
EAST BAY MUNICIPAL UTILITY DISTRICT DEMAND AND SUPPLY PROJECTIONS
(Reference: Table 4-3, UWMP 2010 - EBMUD)
PROJECTED DEMAND (MGD)
CUSTOMER DEMAND 2
ADJUSTED FOR CUMULATIVE CONSERVATION 3
ADJUSTED FORRECYCLED WATER 4
PLANNING LEVEL OF DEMAND
2010
251
(26)
(9)
216
2015 2020 2025 2030 2035' 2040
266
(32)
(ID
223
280
(43)
(16)
221
291
(49)
(18)
224
304
(56)
(19)
229
308
(59)
(20)
229
312
(62)
(20)
230
PROJECTED AVAILABLE SUPPLY AND NEED FOR SUPPLEMENTAL SUPPLY (MGD)'
NORMAL YEAR
SUPPLEMENTAL SUPPLY NEED
>216
0
>223 >221
0
>224
0
>229
0
>229 >230
0
SINGLE DRY YEAR (MULTIPLE DRY YEARS-YEAR 1)
AVAILABLE SUPPLY
CUSTOMER RATIONING 6
211
2%
TOTAL SUPPLEMENTAL SUPPLY NEED (TAB 7 53
SUPPLEMENTAL SUPPLY NEED 7
"5
MULTIPLE DRY YEARS - YEAR 2
AVAILABLE SUPPLY
183
CUSTOMER RATIONING 6
15%
SUPPLEMENTAL SUPPLY NEED 7
21
MULTIPLE DRY YEARS - YEAR 3
AVAILABLE SUPPLY
183
CUSTOMERRATIONING 6
15%
SUPPLEMENTAL SUPPLY NEED 7
21
THREE-YEARDROUGHT
1 Projected demand for 2035 is interpolated.
1 Customer demand value&are based on the demand projections from the "2040 Demand Study," feb 2009. These projected water dernandsare based on land use mEBMEBO's.Ultimate service
area and is unadjusted for conservation and non-potable water. The values are also unadjusted for the current suppressed demand due to the 2007-2010 rattening.pefeand the economic
downturn.
* Existing conservation saving from the "1994 Water Conservation Master Plan" and planned conservation program savings based on the "2011 Water Conservation Master Plan".
4 Existing recycled water achieved per the "1993 Water Suppry Management Program" and planned recycled water program savings as outlined in Chapter 5 of theiOWMP 2010.
5
ProjededavailablesupprydataMudesdyyearsuppty*liveriesfromthefteeportEegionalWaterProjectPWP)arriBaysideGrourKteterProjed,Phasel.I)elweryrulesfortheIRWfollcw
the rules as developed in the PreeportEIR, 2003.
6 Rationing reduction goals are determined according to projected system storage levels in the Long-Term Drought Management Program guidelines per Table 3-2 in Chapter 3 of the UWMP
2010.
7 The supplemental supply need is based on EBMUDSM modeling studies. It is the amount of water needed based on EBMUD's updated demand projections, the provisions of the 1998 joint
Settlement Agreement and the rationing policy stated in Table 3-2, Chapter 3of the UWMP 2010. The actual need will be dependenton antecedent eondtfons and the severity.of actual drought
concfitions. Supplemental suppry stored during the initialyear of the drought could be later released, diminishing supplemental supply needs. During, the drought that continued into 2010, the
combined effects of water rationing and an economfcotowrrturn suppressed demand betow the planning lewl rf
mental water. However, if the drought had continued into its second year, most litery supplemental supplies would have rje^nobtaned from the FreeportBegionaJWater-Fadlityas anticipated
in the Interim Drought Management Program Guidelines discussed in Appendix G-2.
217
3%
6
189
15%
21
189
15%
21
54
215
3%
6
188
15%
21
188
m
21
54
218
3%
7
190
15%
21
190
15%
21
55
223
3%
7
194
15%
22
183
15%
33
69
222
3%
8
194
15%
22
164
15%
53
m
222
4%
8
195
15%
22
w.
15%
73
115

EBMUD
TITLE
Co,
AGENDA NO.
MEETING DATE January 22, 2013
AUTHORIZE CONTINUED EMPLOYMENT OF BEST, BEST & KRIEGER, LLP
m MOTION • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize the Office of General Counsel to continue the employment of the law firm of Best, Best &
Krieger, LLP in an additional amount not to exceed $75,000 for specialized legal services related to
federal water law, rates, charges, taxes, liens, and litigation involving such matters.
DISCUSSION
The firm of Best Best & Krieger, LLP has been retained to assist the Office of General Counsel in matters
related to federal water law, rates, charges, taxes, liens, and litigation involving such matters. The Office
of General Counsel is now requesting authorization for additional funds for services described in a
separate confidential memorandum to the Board of Directors.
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Sufficient monetary funds have been budgeted to the OGC budget for fiscal year 2013 for this request for
specialized legal assistance.
Attachments
Funds Available: FY 2013
Budget Code: WSO B130 8511 5231
DEPARTMENT SUBMITTING
DEPARTMENT MANAGER or DIRECTOR
APPROVED
Office of General Counsel
(j/j
Jylana Collins
Ggpferal Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDI PS 1008

EBMUD
CONTRACT EQUITY PROGRAM SUMMARY (P-035)
This summary contains information on the contractor's workforce and contract equity participation, (completed by District)
Amendment to Professional Services Agreement
Authorize Continued Employment of Best, Best & Krieger, LLP January 6, 2013
CONTRACTOR:
Best, Best & Krieger, LLP
Sacramento, CA
Local Business Availability Group Contracting Objectives Participation
BID/PROPOSER'S
FIRM'S OWNERSHIP White Men 25% 100.0%
PRICE: Ethnicity Gender White Women 6% 0.0%
PRIME:
$75,000 White Men Ethnic Minorities
25% 0.0%
COMPANY NAME
ESTIMATED
AMOUNT
ETHNICITY
GENDER
White-
Men
White-
Women
sm
CONTRACTING PARTICIPATION
Ethnic
Minorities
Unclassified
Publicly
Held Corp.
Gov't/Non
Profit
Foreign
Best, Best & Krieger, LLP
$75,000 White 100.0%
SUBS:
None
TOTAL $75,000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
:J^-A±1~.- :.:-.: .:\:^mSEEBEHgEBmEm
White Men
White Women
Ethnic Minorities
No. of Employees: 74 137
68
Total Employees
49.1% 24.4%
Percent of Total Employees: 26.5% 279
MSA Labor Market %:
39.0% 33.7%
27.3%
MSA Labor Market Location:
USA
iit&iJ^
Contract Equity Participation - 100% White Men participation.
Workforce Profile & Statement of Nondiscrimination
Submitted
NA
Good Faith Outreach Efforts
Requirement Satisfied
NA
AVrafd.Approval
Recbtqftiended
(P-035-7/11)
Page: 1 of 1
File PS-3121 .xls

BBMUD
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Title:
Authorize Continued Employment of Best,
Best & Krieger, LLP
Profes
ssional Services Agreement
R^Recmmd
P=Prime
S=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Address,
and Phone Number
DATE:
1/6/2013
National
9 Bay Area Counties
Alameda/CC Counties
B
Ethnic Minority Percentages From U.S. Census Data
I
B
10.5
5.5
10.7
H I
10.7
16.2
15.6
Number of Ethnic Minority Employees
H
A/PI
AI/AN
A/PI |
3.7
14.2
15.4
TOTAL
AI/AN |
0.7
0.4
0.5
PERCENT
TOTAL
27.3
39.9
46.2
MSA %
RP
Best, Best & Krieger, LLP
Debbie A. Prior
WM - LBE
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
916-325-4000
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
NA
USA
11
4
1
6
-
-
34
14
4
16
-
-
23
13
4
6
-
-
-
-
-
-
-
68
31
9
28
Date of last contract with District:
# Employees-Co. Wide: 279
I
# Employees-Co. Wide:
# Employees-Co. Wide:
I
# Employees-Co. Wide:
# Employees-Co. Wide:
# Employees-Co. Wide:I
-
24.4%
17.3%
69.2%
32.2%
NA
NA
6/11/1996
WM=White Male. WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
I
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
27.3%
39.9%
0
39.9%
39.9%
39.9%
39.9%
39.9%
(P-061 -7/11)
Page: 1 of 1
File: PS-3121.xls

EBMUD
TITLE
AGENDA NO.
MEETING DATE January 22. 2013
YUBA ACCORD - FREEPQRT POINT OF REDIVERSION PROJECT AGREEMENTS
m MOTION • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize agreements with the Yuba County Water Agency (YCWA) to (1) cost-share on
environmental and technical work needed to support implementation of the Yuba Accord - Freeport
Point of Rediversion Project, including a commitment for the District to reimburse YCWA up to
$160,000 for consulting services and $8,000 for processing fees and (2) establish a framework under
which EBMUD and YCWA would negotiate a future agreement for EBMUD to purchase transfer
water from YCWA in dry years.
SUMMARY
This project would facilitate transfers of water from YCWA to EBMUD by adding the Freeport
Regional Water Project (FRWP) intake on the lower Sacramento River as a point of rediversion to
YCWA's water rights permits (see attached location map). The District would have the opportunity to
become a backup buyer for transfer water released under terms of the Lower Yuba River Accord (Yuba
Accord) that cannot currently be delivered to existing Yuba Accord buyers. The parties have negotiated
a cost-share agreement to complete environmental and technical work to implement the project. While
EBMUD and YCWA staff will each perform a substantial share of the overall work, the District will
also reimburse YCWA up to $160,000 for environmental consulting services and $8,000 for processing
fees. An overview of the project will be presented to the Board on January 22, 2013. YCWA is
scheduled to approve the project agreements on February 12, 2013.
DISCUSSION
The Water Supply Management Program (WSMP) 2040 identifies water transfers as a supplemental
supply option to meet the District's future dry year water supply needs. YCWA has been successfully
transferring water since 1987. In 2008, the 17-party consensus based Yuba Accord established
minimum instream flows on the Lower Yuba River while providing transfer water for the environment
and state and federal water contractors. In 2007, when YCWA certified the Yuba Accord
environmental impact report (EIR), the FRWP was still under construction. Now that the FRWP is
operational, EBMUD and YCWA are seeking to add the FRWP intake as a point of rediversion to
Funds Available: FY13 CIP
Budget Code: WSCY2005405
DEPARTMENT SUBMITTING
DEPARTMENT MANAGERr«r.DIRECTOR
APPROVED
Water and Natural Resources
{ Richard G^Sykes
Krai Manager
Contact the Office of the District Secretary regarding questions about completing or submitting this form.
BDl PS 0705

Yuba Accord - Freeport Point of Rediversion Project Agreements
January 22, 2013
Page 2
YCWA's water rights permits to facilitate future transfers to EBMUD. EBMUD would have the option
to purchase water made available under the Yuba Accord that cannot be delivered to existing buyers
south of the Delta due to Delta pumping restrictions.
The parties have negotiated two agreements to implement the project:
1. Cost-sharing Agreement: The cost-sharing agreement outlines the roles, responsibilities, and costsharing
commitments for the parties to complete technical and environmental work needed to
obtain the approvals necessary to implement the project. Each party would be responsible for its
own legal, administrative, management and certain engineering costs to implement the project. The
District would reimburse YCWA up to $160,000 for outside environmental and technical support
and 50% of the filing fee to the State Water Resources Control Board for the change petition to add
the FRWA intake to YCWA's water rights permits, not to exceed $8,000.
2. Term Sheet: The term sheet establishes the point of water delivery and re-diversion and
notification date. It identifies several provisions to be negotiated in a long-term water transfer
option agreement including delivery volume, price and schedule. The maximum quantity of water
transferred in any given year is not expected to exceed 20,000 acre-feet.
An opportunity for discussion of these principles will be provided during the January 22, 2013 Water
Supply Workshop.
FISCAL IMPACT
Funds for this project are included in the FY13 CIP.
ALTERNATIVES
Do not proceed with the project. - Not recommended. The project would facilitate future transfers
from YCWA to EBMUD to meet dry year needs. It requires no cost commitment to the District beyond
the cost to develop and implement the project that is already included in the FY13 budget.
Re-aegotiate agreements. - Not recommended. Since 2011, YCWA and EBMUD have been working
to develop a mutually agreeable, low-cost strategy for implementing the project. The proposed
agreements and cost-share commitments reflect a substantial amount of work already performed by
both parties.
RGS:MTT:jrl
Attachment: Project Location Map

Attachment
Yuba Accord - Freeport Point of Rediversion Project
Location Map
Lake
Shasta
Sacramento
River
Yuba County
Water Agency
Freeport Regional
Water Project Intake
(EBMUD
Service
Area
Folsom South
Canal Connection
Mokelumne
[Aqueducts j

EBMUD
AGENDA NO. Q»
MEETING DATE January 22. 2013
TITLE
PRINCIPLES OF AGREEMENT FOR WATER SUPPLY RELIABILITY
PARTNERSHIP WITH CONTRA COSTA WATER DISTRICT
EMOTION • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Accept the Principles of Agreement between East Bay Municipal Utility District (EBMUD) and Contra
Costa Water District (CCWD) to cooperate on opportunities to improve water supply reliability by
sharing available capacity in existing facilities including Los Vaqueros Reservoir and the Freeport
Regional Water Project (FRWP).
DISCUSSION
The Water Supply Management Program (WSMP) 2040 (April 2012) included a portfolio of projects
and programs to address long term water needs during times of drought. One proposed project was to
partner with CCWD for storage in their newly expanded Los Vaqueros Reservoir.
CCWD indicated their interest in providing storage in Los Vaqueros Reservoir to EBMUD and noted
an interest in use of EBMUD's unassigned capacity in the FRWP. Staff from both agencies have met
several times to explore opportunities and the attached principles were developed to guide future
discussions.
The principles include conceptual agreement to initiate a storage demonstration project. EBMUD
would store up to 5,000 acre-feet of water in Los Vaqueros Reservoir for a set period of time and
following that period water would be conveyed back to EBMUD. This would enable testing of facility
operations and would identify potential environmental or institutional concerns.
The CCWD Board was informed of the principles at their January 16, 2013 Board Meeting. They
accepted the principles and expressed enthusiasm for collaboration on water supply reliability. Once
the principles have been mutually accepted, demonstration project planning discussions will proceed.
An opportunity for discussion of these principles will be provided during the January 22, 2013 Water
Supply Workshop.
Funds Available: FYl 3
Budget Code: WSC/WNR/455/1011936
DEPARTMENT SUBMITTING
DEPARTMENT MANAGERcjr DIRECTOR
APPROVED
/
Water and Natural Resources
1 Richard G. S#kes
G^njsral Manager
Contact the Office of the District Secretary regarding questions about completing or submitting this form.
BDl PS 0705

Principles of Agreement for Water Supply Reliability
January 22, 2013
Page 2
FISCAL IMPACT
There is no cost to accept associated with accepting the principles of agreement. Partnership
development efforts involve staff time only, which is included in the FY13 budget.
ALTERNATIVE
Do not accept the principles of agreement. - This alternative is not recommended. The principles are
non-binding and will help guide staff to effectively plan a demonstration project furthering local water
supply reliability.
ARC:RGS:MTT:dec
Attachment

Attachment
Draft Principles of Agreement for Water Supply Reliability Partnership
Between
Contra Costa Water District and East Bay Municipal Utility District
• Whereas, Contra Costa Water District (CCWD) recently completed enlargement of its Los
Vaqueros Reservoir, and
• Whereas, East Bay Municipal Utility District (EBMUD) recently completed the Freeport
Regional Water Project, and
• Whereas, CCWD and EBMUD recognize that integrated utilization of excess capacity in
these recent infrastructure investments along with other existing facilities during drought and
non-drought periods may provide water supply benefits to both agencies and potentially to
other regional partners, and
• Whereas, recognizing the potential for mutual and regional benefit, CCWD and EBMUD
agree to these principles for cooperative pursuit of short and long-term joint projects for
water supply benefit which maximize the use of existing infrastructure of each agency and
assist in overall water supply benefit as stated below:
• CCWD and EBMUD hereby agree to:
- Evaluate and work to undertake a demonstration project to store up to 5,000 acre-feet
of water from EBMUD in Los Vaqueros Reservoir for later conveyance of stored
water back to the EBMUD system within five years
- Update the existing CCWD/EBMUD Interconnection Facility Agreement between
the agencies to incorporate the potential beneficial aspects of each agency's recent
water supply improvement projects and cost responsibility for exchanges based on
cost recovery methods
Conduct a coordinated public outreach program on CCWD-EBMUD partnership
projects undertaken pursuant to these principles
Evaluate long-term joint water supply reliability projects building upon the
demonstration project and based on the availability of capacity in the Freeport
Project and the expanded portion of Los Vaqueros Reservoir
Cooperate in efforts to obtain regulatory approvals necessary to conduct
demonstration and full scale projects
- Regularly communicate each agency's plans for water supply reliability including
water transfers, wheeling agreements, interties and additional water supply
infrastructure improvements

EBMUD
TITLE
K
AGENDA NO.
MEETING DATE January 22, 2013
CALIFORNIA DEPARTMENT OF WATER RESOURCES PROPOSITION IE
STORMWATER FLOOD MANAGEMENT GRANT APPLICATION
• MOTION
m RESOLUTION
• ORDINANCE
RECOMMENDED ACTION
Authorize an application to the California Department of Water Resources for Proposition IE Stormwater
Flood Management grant funding for the Chabot Dam Seismic Upgrade Project in an amount up to
$10,000,000, and authorize execution of the grant agreement if the District is selected to receive the grant.
SUMMARY
The proposed action will authorize application for and acceptance of a grant from the California
Department of Water Resources, with a minimum funding match of 50%, to help defray the total cost of
the Chabot Dam Seismic Upgrade project.
DISCUSSION
The California Department of Water Resources is administering the disbursement of a portion of grant
funds that are available under Proposition IE, the Disaster Preparedness and Flood Prevention Bond Act
of 2006. The Department's Division of Safety of Dams solicited the District for a grant application in a
letter received on December 24,2012. The letter indicates that dam-safety-related projects may be eligible
for grant assistance. District staff determined that the Chabot Dam Seismic Upgrade project would be the
best candidate for the grant application.
If the Board authorizes the submission of a grant application, staff will complete all necessary grant
application materials for timely submission to the Department. In the event the District's grant
application is approved, the proposed resolution authorizes the General Manager to execute a grant
agreement between the District and Department.
Funds Available: FY12-13; CIP#000861 page 2.4-15
Budget Code: WSC/562/7999/6970/2006797
DEPARTMENT SUBMITTING
Engineering and Construction
DEPARTMENT MANAGER or DIRECTOR
- Xavier J. Was
APPROVED
(general Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl GA 1004

California Department Of Water Resources Proposition IE Stormwater Flood Management Grant
Application
January 22,2013
Page 2
CEQA/ENVIRONMENTAL REQUIREMENTS
The District's Board of Directors authorized the contract for the Preparation of an Environmental Impact
Report (EIR) for the Chabot Dam Seismic Upgrade Project by Motion Number 134-12 on October 23,
2012. The EIR is expected to be approved by the Board in early 2014.
FISCAL IMPACT
Funds are available for this work in the capital budget for the Chabot Dam Seismic Upgrade.
ALTERNATIVES
Complete the Chabot Dam Seismic Upgrade Projects without grant funding. This alternative is not
recommended, as the project provides benefits consistent with grant requirements, and therefore it is
prudent to take the opportunity to pursue the grant. Grant funding will allow the District to complete the
project at the lowest cost to ratepayers.
I:\SEC\l-22-13 Board Agenda Items\E&C Proposition IE Stormwater Flood Management Grant Application.doc

Draft Prenated B
vjC-^7
Office of General Counsel
•AM
RESOLUTION NO.
AUTHORIZING SUBMISSION OF APPLICATION TO THE CALIFORNIA DEPARTMENT
OF WATER RESOURCES TO OBTAIN A STORMWATER FLOOD MANAGEMENT
GRANT TO FUND THE CHABOT DAM SEISMIC UPGRADE PROJECT
Introduced by Director
; Seconded by Director
WHEREAS, the Disaster Preparedness and Flood Prevention Bond Act of 2006, Public Resource
Code Section 5096.800 et seq., was passed by California voters in the November 2006 general
election (Proposition IE); and
WHEREAS, under Proposition IE the California Department of Water Resources (DWR) is
authorized to issue grants to public agencies and non-profit corporations to manage stormwater
runoff to reduce flood damages; and
WHEREAS, the East Bay Municipal Utility District (District) is currently in the planning stages
for the proposed Chabot Dam Seismic Upgrade Project and to further that work the Board
authorized, on October 23, 2012, a contract for the preparation of an Environmental Impact
Report on the Project, and that project would, if approved and completed, enhance the safety of
Chabot Dam and help manage stormwater runoff to reduce flood damages; and
WHEREAS, the District believes that the Chabot Dam Seismic Upgrade Project may qualify as
an eligible project for grant assistance from DWR under Proposition IE and wishes to apply to
DWR for such grant funding; and
WHEREAS, DWR procedures require Proposition IE grant applicants to certify by resolution
the approval of an application for a grant; and
WHEREAS, if the grant application is approved by DWR, it will submit to the District a
proposed agreement between DWR and the District for the administration of the grant funding;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the District does hereby
authorize the General Manager to collect data and conduct investigations on the Chabot Dam
Seismic Upgrade Project necessary to support and complete an application to DWR to obtain
Stormwater Flood Management Grant funding pursuant to the Proposition 1E Disaster
Preparedness and Flood Prevention Bond Act of 2006, to submit such an application to

DWR, and if the grant application is approved by DWR to execute the grant agreement between
DWR and the District.
ADOPTED this 22 nd day of January, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
President
Secretary
APPROVED AS TO FORM AND PROCEDURE:
General Counsel
W:\400\410\410.01\Grants\Authorizing Application for Stormwater Flood Mgmt.doc

AGENDA NO.
MEETING DATE
l\
CX.
January 22,2013
TITLE
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT - MITIGATED
NEGATIVE DECLARATION AND PROJECT APPROVAL
• MOTION • M RESOLUTION • ORDINANCE
RECOMMENDED ACTION
• Adopt the Mitigated Negative Declaration (MND) for the Diablo Vista Pumping Plant Replacement
Project.
• Adopt the Mitigation Monitoring and Reporting Program in accordance with the California
Environmental Quality Act (CEQA).
• Approve the Diablo Vista Pumping Plant Replacement Project.
SUMMARY
The Diablo Vista Pumping Plant Replacement Project consists of:
1. Replacing the existing 12-million gallon per day (mgd) pumping plant with a new 16-mgd pumping
plant to be located approximately 1,250 feet east of the existing site at the southwest corner of Mt.
Diablo Boulevard and Mt. Diablo Court in the City of Lafayette (see attached map).
2. Replacing the existing Leland Rate Control Station (RCS).
3. Constructing a new 30-inch water pipeline in Mt. Diablo Boulevard to connect the new facilities to the
District's existing water distribution system.
4. Demolishing the existing Diablo Vista Pumping Plant structure and the Leland RCS vault upon the
completion and successful testing of the new facilities.
Pursuant to CEQA, staff prepared an initial study to assess environmental impacts resulting from the
construction activities of the project. The District, as lead agency for the project, determined that a MND
is the appropriate level of CEQA review because the potentially significant environmental impacts
identified in the Initial Study would be mitigated to less than significant.
DISCUSSION
The Diablo Vista Pumping Plant is the primary conveyance point for water entering the Colorados Pressure
Zone that serves customers in portions of the Cities of Lafayette, Pleasant Hill, and Walnut Creek.
Funds Available: FY12-13; CEP #001252; Page 2.4-40
Budget Code: WSC/522/2006399/7999
DEPARTMENT SUBMITTING
DEPARTMENT MANAGER or DIRECTOR
APPROVED
Engineering and Construction
^
^
Xavier J. Was
General Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BD1_CEQA_O61I

Diablo Vista Pumping Plant Replacement Project - Mitigated Negative Declaration and Project Approval
January 22, 2013
Page 2
The pumping plant is a critical facility that needs to be replaced due to the following deficiencies:
• Pumping plant structure, constructed in 1954, does not meet current seismic code and is susceptible to
failure under seismic loading.
• Mechanical and electrical failures.
a
Inefficient pumps.
• Spare parts are difficult to find or non-existent due to age of the equipment.
* Electrical equipment poses a hazard to workers (i.e., arc flash).
• Structure likely has lead based paint and some equipment containing asbestos due to age of facility.
The Leland RCS provides water from the Lafayette Water Treatment Plant to the western side of the
Leland Pressure Zone and in part to the Diablo Vista Pumping Plant. The Leland Pressure Zone serves
customers in portions of the Cities of Pleasant Hill and Walnut Creek, as well as unincorporated areas in
Contra Costa County. The RCS is a high priority facility that needs to be replaced due to leakage
problems, significant corrosion of mechanical and electrical components, and safety issues.
Rather than replace electrical and mechanical components, at both the existing Diablo Vista Pumping
Plant and Leland RCS, and strengthen the existing pumping plant building, staff has determined it is more
cost effective to replace these facilities.
ENVIRONMENTAL REVIEW PROCESS/PUBLIC OUTREACH
The District conducted three public outreach meetings in July, August and October, 2012. The
District also presented the project to the City of Lafayette's Design Review Commission on
September 10,2012. The purpose of the outreach meetings was to provide a description of the project
and present alternative conceptual layouts for the new pumping plant and to solicit input. Key
concerns included architectural and landscape design elements of the new pumping plant, parking and
access to local businesses on Mt. Diablo Court, maintaining visibility of local businesses during and
after construction, and construction-related noise and traffic. The architectural and landscape plans
consider the comments from both the Commission and public outreach meetings and are incorporated
into the MND.
The MND was posted on the District's website and a notice was published in the Contra Costa Times on
November 16,2012. Copies of the project documents were available for public review at the District's
Administrative Building and the Lafayette Public Library. Direct mailers were sent to the surrounding
neighbors and affected public agencies.
The public review period started on November 16,2012 and ended on December 17,2012; no comments
were received.

Diablo Vista Pumping Plant Replacement Project - Mitigated Negative Declaration and Project Approval
January 22, 2013
Page 3
SCHEDULE
Project design is scheduled to start in February 2013. Construction is scheduled to start in 2014 and be
completed in 2016.
FISCAL IMPACT
The estimated cost for design and construction of the project is $8 million. Capital funding for the design
and construction phase is included in the FY12-13 Capital Improvement Program under the Pumping
Plant Rehabilitation Project.
ALTERNATIVES
Do Not Adopt the Mitigated Negative Declaration. This alternative is not recommended because the
MND meets CEQA requirements and is required to proceed "with the project.
No Project. This alternative is not recommended as this alternative does not satisfy the project objectives.
Attachment
I:\Sec\_01-22-13 Board Agenda Items\B&C Diablo Vista Pumping Plant Replacement Project - sbl3_001b.doc

Diablo Vista Pumping Plant Vicinity Map
Existing
Diablo Vista
Pumping Plant
L«d»hd
Not to scale
EBMUD

Draft Prepared By
^§\C/
O
RESOLUTION NO.
ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE DIABLO VISTA
PUMPING PLANT REPLACEMENT PROJECT, ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING THE PROJECT
Introduced by Director
; Seconded by Director
WHEREAS, the Diablo Vista Pumping Plant is a 12 million gallon per day pumping plant
constructed in 1954, with three horizontal pump units, two of which were installed in 1954 and
one which was installed in 1963; and
WHEREAS, the pumping plant has deficiencies, including: (1) a building structure that does not
meet current seismic codes and is susceptible to failure under seismic loading; (2) inefficient
pumps; (3) mechanical and electrical failures; (4) electrical equipment that poses a hazard to
workers (i.e. arc flash); (5) a structure that likely has lead-based paint and some asbestos
containing equipment due to the age of the facility; (6) component replacement parts that are
difficult to find or non-existent due to the age of the equipment; and
WHEREAS, EBMUD has determined that in order to remedy the deficiencies it is most cost
effective to replace the pumping plant and demolish the existing facility, and EBMUD is thus
proposing to undertake the Diablo Vista Pumping Plant Replacement Project (Project) involving
replacement of the entire pumping plant and rate control station; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA),
EBMUD as lead agency prepared an Initial Study for the Project analyzing whether any
potentially significant environmental impacts would result from the Project; and
WHEREAS, on November 16, 2012, a Notice of Intent to Adopt a Mitigated Negative
Declaration (MND) for the Project was circulated and the MND and the Initial Study upon which
it is based were made available for public review and comment; and
WHEREAS, EBMUD received no comments during the public review period; and
WHEREAS, EBMUD has prepared a Mitigation Monitoring and Reporting Program (MMRP)
for the Project which is attached hereto as Exhibit B and incorporated herein by this reference;
NOW, THEREFORE, BE IT RESOLVED that the EBMUD Board of Directors does hereby
find, determine and certify that:
1. The MND has been presented to the Board of Directors and the Board has reviewed and
considered the information contained therein prior to approving the Project.
2. The MND reflects the Board's independent judgment and analysis.

3. All proceedings of the environmental review process, including circulation of the MND and
all required notices, have been conducted and completed in compliance with CEQA, the
CEQA Guidelines, and all other applicable laws, regulations and procedures.
4. The potential environmental impacts of the Project are fully disclosed in the MND, and said
MND is adequate for use by EBMUD for the approval, design, and implementation of the
Project.
5. The Board of Directors makes the findings and determinations regarding the proposed
Project set forth in the Board's Findings Regarding the Project, attached hereto as Exhibit A
and incorporated herein by this reference.
6. The Board of Directors hereby approves, adopts, and imposes the MMRP attached hereto as
Exhibit B. The mitigation measures adopted by the Board in its Findings are hereby
incorporated into the Project.
7. The documents and materials constituting the record of this proceeding are located at
EBMUD's administrative offices, 375-11 th Street, Oakland, CA 94607. The custodian of said
records is the Secretary of the District.
8. In the preparation of the MND, every effort has been made to utilize the best information
available and to incorporate new information as it became available, including information
obtained from the public and from other agencies.
9. No substantial changes in circumstances have occurred since preparation of the MND which
would require revisions to the MND or consideration of a full Environmental Impact Report
(EIR) due to the discovery or disclosure of new significant environmental impacts not
covered in the MND, and there is no requirement to recirculate the MND or prepare an EIR.
BE IT FURTHER RESOLVED that in accordance with CEQA, the Board determines that
impacts identified in the MND as potentially significant have been reduced to a less than
significant level because EBMUD has made or agreed to Project revisions and/or mitigation
measures. EBMUD, acting as lead agency, has therefore determined that a Mitigated Negative
Declaration is appropriate for this Project.
BE IT FURTHER RESOLVED that based on the whole record before it, including the
Initial Study, the Board of Directors finds that there is no substantial evidence that the
Project will have a significant effect on the environment. Therefore, the MND, including the
MMRP, is hereby approved as having been completed in compliance with CEQA.
BE IT FURTHER RESOLVED that the Project, as described in said MND, is hereby approved
and the General Manager is hereby directed to take such actions as shall be necessary to
implement this determination to carry out the Project.

BE IT FURTHER RESOLVED that the Secretary of the District is hereby directed to file a
Notice of Determination, in accordance with the law, with the County Clerk of Contra Costa
County.
Adopted this 22 nd day of January, 2013 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
President
Secretary
APPROVED AS TO FORM AND PROCEDURE
W:\410.01 Resolutions\Diablo Vista Replacement MND.doc
General Counsel

Introduction
EXHIBIT A
EBMUD BOARD OF DIRECTORS FINDINGS REGARDING THE
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
This document describes the findings by the East Bay Municipal Utility District
(EBMUD) Board of Directors for the Diablo Vista Pumping Plant Replacement Project
(Project).
Part 1 of these findings describes the Project.
Part 2 contains the findings regarding the independent review and judgment of the Board
of Directors.
Part 3 contains the findings regarding the proposed Project.
The findings presented here summarize the potential impacts identified in the Initial
Study and Mitigated Negative Declaration (MND) as well as the Project changes and
mitigation measures agreed to by EBMUD and incorporated into the Project as set forth
in the MND. The summary is not intended to change any aspects of the complete text of
the analysis and mitigation measures contained in the MND.
1.0 The Project
The existing Diablo Vista Pumping Plant, located at 3305 Mt. Diablo Boulevard,
Lafayette is a 12-million gallon per day (mgd) pumping plant that was constructed in
1954. The pumping plant contains three horizontal pump units, two of which were
installed in 1954 and one of which was installed in 1963. In 2011, portable pump tee
connections were installed in the parking area in front of the existing pumping plant
structure to allow deployment of an emergency portable pumping plant in the event of a
failure of the existing Diablo Vista Pumping Plant. The current pumping plant
deficiencies include:
• Pumping plant structure does not meet current seismic code and is susceptible to
failure under seismic loading.
Mechanical and electrical failures have occurred.
• Pumps are inefficient.
Spare parts are difficult to find or non-existent due to age of the equipment.
• Electrical equipment poses a hazard to workers (i.e. arc flash).
Structure likely has lead based paint and some asbestos containing equipment due to
age of facility.
The existing Leland Rate Control Station Valve Vault, located approximately 850 feet
west of Dolores Drive on the north side of Mt. Diablo Boulevard in the City of Lafayette,

was constructed in 1953. The current rate control station vault has leakage problems,
significant corrosion of mechanical and electrical components, and safety issues.
Rather than replace electrical and mechanical components at both the existing Diablo
Vista Pumping Plant and Leland Rate Control Station, and strengthen the existing
pumping plant building, staff has determined it is more cost effective to replace the entire
pumping plant and rate control station. The recommended project includes:
• Construction of a new 16 mgd Diablo Vista Pumping Plant at the southwest corner of
Mt. Diablo Boulevard and Mt. Diablo Court in the City of Lafayette.
« Construction of a new below grade Leland Rate Control Station Valve and Vault
adjacent to the new pumping plant.
» Installation of a new 30-inch water pipeline to connect the new Diablo Vista Pumping
Plant and Leland Rate Control Station to EBMUD's existing water distribution
system in Mt. Diablo Boulevard.
• Demolition of the existing Diablo Vista Pumping Plant and Leland Rate Control
Station Vault upon construction completion and successful testing of the new
facilities.
2.0 Findings Regarding Independent Review and Judgment
Each member of the EBMUD Board of Directors was provided access to copies of the
MND and the Mitigation and Monitoring Reporting Program (MMRP). The MND was
made available for public comment, and no comments were received during the public
review period.
The Board hereby finds that the MND reflects the Board's independent judgment and
analysis. The EBMUD Board also finds that it has independently reviewed, considered
and analyzed the Initial Study, the MND, and the MMRP prior to taking any final action
with respect to the proposed Project.
3.0 Findings Regarding the Project
Having received and considered the information contained in the Initial Study, MND, and
MMRP, the EBMUD Board of Directors hereby adopts the following findings regarding
the Project.
3.1 Findings Regarding Less than Significant Effects
A. Aesthetics
Impact: Less than Significant with Mitigation Incorporated.
Findings: The new Diablo Vista Pumping Plant construction will change the
visual character of the existing site conditions viewed from the street and adjacent
commercial properties in the vicinity compared to the appearance of an open area

familiar to residents. The new pumping plant structure will include architecture
treatment and design elements to enhance the appearance of the new facility and
ensure that it is consistent with the visual character of nearby commercial
structures in the area and aesthetically embraces the utility nature of the water
pumping plant function. A landscape plan will also be incorporated to create an
attractive and functional site area that includes low maintenance and low water
use planting. Therefore, visual changes resulting from construction of the Project
would be minimal and considered less than significant. Mitigation measures are
identified as Mitigation Measure AES-1 and AES-2 in the MND and MMRP.
Facts in Support of Findings: Mitigation measures AES-1 and AES-2 are hereby
incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to these mitigations, any aesthetic impacts have
been avoided or will be reduced to a less than significant level.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impacts to Aesthetics.
B. Air Quality
Impact: Less Than Significant with Mitigation Incorporated
Findings: The Project would result in maximum daily emissions levels that are
below Bay Area Air Quality Management District (BAAQMD) thresholds.
Therefore, the Project's impact related to construction-period criteria pollutant
emissions is less than significant. However, BAAQMD recommends
implementation of construction mitigation measures to reduce constructionrelated
emissions for all projects, regardless of the significance level of
construction-period impacts. These measures are identified as Mitigation
Measure AIR-1 in the MND and MMRP.
Construction activities can also result in fugitive dust, which contributes to
particulate matter levels. While construction-period dust emissions have been
estimated, BAAQMD does not have a threshold of significance for fugitive dust
impacts, but instead regards fugitive dust impacts to be mitigated if appropriate
management practices are implemented. BAAQMD recommended basic
construction management practices are included in Mitigation Measure AIR-1.
Facts in Support of Findings: Mitigation measure AIR-1 is hereby incorporated
and imposed and shall be monitored in compliance with the MMRP. Because
EBMUD has agreed to this mitigation, any air quality impacts have been avoided
or will be reduced to a less than significant level.
As a result of these project circumstances and by employing this mitigation
measure, the Project will have less than significant impacts to Air Quality.

C. Biological Resources
Impact: Less Than Significant with Mitigation Incorporated
Findings: The new Diablo Vista Pumping Plant Project site is landscaped,
regularly maintained, and within a developed urban area. Based on archival
research and field surveys undertaken by EBMUD it is unlikely that special status
species occur on the Project site or that project construction and operation would
interfere substantially with the movement of any resident or migratory fish or
wildlife species or with established native resident or migratory corridors.
Furthermore, potential impacts to candidate, sensitive, or special status species
associated with the Project would be less than significant with implementation of
the survey measures in Mitigation Measure BIO-1 identified in the MND and
MMRP and employment of avoidance and mitigation measures to limit impacts as
necessary.
All trees removed at the new Diablo Vista Pumping Plant site will be replaced
with the types of trees, shrubs, and other vegetation depicted in the landscape
plan. Implementation of Mitigation Measure BIO-2 and AES-2 identified in the
MND and MMRP will lessen potential impacts to a less than significant level.
Facts in Support of Findings: Measures BIO-1, BIO-2, and AES-2 are hereby
incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to these mitigations, any such impacts have been
avoided or will be reduced to a less than significant level.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impacts to Biological
Resources.
D. Greenhouse Gas Emissions
Impact: Less Than Significant with Mitigation Incorporated
Findings: The Project would not conflict with local plans, policies, or regulations
aimed at curbing emissions of greenhouse gases because of its small scale and
temporary nature. The construction mitigation measures from the air quality
section (AIR-1 and AIR-2) will also serve to mitigate potential impacts from
greenhouse gas emissions. Therefore, no additional mitigations are required.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impacts to Greenhouse Gas
Emissions.
4

E. Hazards and Hazardous Materials
Impact: Less Than Significant with Mitigation Incorporated
Findings: The eastern portion of the existing Diablo Vista Pumping Plant site
contains soil staining and oil sheens attributed to runoff of wash water from an
adjacent business. The runoff appears to have contaminated the site soils with
petroleum hydrocarbons and heavy metals. Prior to demolition of the existing
pumping plant structure, runoff onto the site will be contained (at this writing it
has ceased), soil sampling will be conducted, and appropriate remedial actions to
remove the soil contamination will be implemented. Implementation of
Mitigation Measure HAZ-1 identified in the MND and MMRP will lessen
potential impacts to a less than significant level.
Backbone and distribution pipelines are dosed with chlorine to disinfect the
pipeline prior to being placed in-service. This water is then purged from the
pipeline and dechlorinated prior to release into the sewer or storm water system.
The implementation of Best Management Practices (BMPs) consistent with
Mitigation Measure HAZ-2 identified in the in the MND and MMRP will lessen
potential impacts to a less than significant level.
Based on the age of the existing Diablo Vista Pumping Plant building, it is likely
that lead-based paint is present. In addition both the existing pumping plant site
and new Diablo Vista Pumping Plant site may have been impacted by aerially
deposited lead due to their proximity to Highway 24 during the last 50 to 60
years. Standard EBMUD Specifications will require the contractor to test and
dispose of lead contaminated soil according to State and Federal requirements.
Implementation of Mitigation Measure HAZ-3 identified in the MND and
MMRP will lessen potential impacts to a less than significant level.
The existing Diablo Vista Pumping Plant building houses electrical controls that
contain asbestos. Additional asbestos testing of building materials will be
conducted and all equipment found to have asbestos will be removed by an
approved asbestos abatement contractor, pursuant to Standard EBMUD
Specifications. Implementation of Mitigation Measure HAZ-4 identified in the
MND and MMRP will lessen potential impacts to a less than significant level.
Facts in Support of Findings: Measures HAZ-1 through HAZ-4, are hereby
incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to these mitigations, any such impacts have been
avoided or will be reduced to a less than significant level.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impacts to Hazards and
Hazardous Materials.

F. Noise
Impacts: Less Than Significant with Mitigation Incorporated
Findings: Although EBMUD is not subject to local jurisdiction zoning ordinances
for projects involving the transmission of water (Government Code Section
53091) EBMUD strives to consider local noise ordinances during construction,
where feasible and not contrary to its public purpose and responsibilities. By
limiting work hours and implementing best management construction practices,
noise resulting from the project is considered less than significant. Measures
limiting work hours are identified in Mitigation Measure NOI-1 in the MND and
MMRP. BMPs related to Noise Control and Noise Complaint Procedures are
identified in Mitigation NOI-2 and NOI-3, respectively, in the MND and
MMRP.
While BMPs related to construction practices will limit vibrations,
preconstruction building surveys are available in the unlikely and remote event
that the project is demonstrated to have caused any damage to nearby structures.
The surveys are described in Mitigation NOI-4 in the MND and MMRP.
Implementation of Mitigation Measures NOI-1 through NOI-4, as detailed in
the MND, would reduce impacts to a less than significant level.
Facts in Support of Findings: Mitigation measures NOI-1 through NOI-4 are
hereby incorporated and imposed and shall be monitored in compliance with the
MMRP. Because EBMUD has agreed to these mitigations, any such impacts have
been avoided or will be reduced to a less than significant level.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impact related to Noise.
G. Transportation/Traffic
Impacts: Less than Significant with Mitigation Incorporated
Findings: The Project would generate vehicle trips during project construction,
temporarily contributing to increased traffic on local roadways. Truck trips would
be associated with hauling materials, debris and equipment to and from the site.
Construction employees would also contribute to vehicle trips. The addition of
traffic during project construction would not degrade traffic operation along the
study corridor. However, lane closures during construction would affect
pedestrians and bicyclists. Implementation of Mitigation Measure TRAF-1 and
TRAF-2 identified in the MND and MMRP will lessen potential impacts to a less
than significant level.

The long-term cumulative impact of the Project is less than significant as the
project would generate less than one vehicle trip per day due to minimal
maintenance requirements for the new pumping plant facility.
Facts in Support of Findings: Mitigation measures TRAF-1 and TRAF-2 are
hereby incorporated and imposed and shall be monitored in compliance with the
MMRP. Because EBMUD has agreed to this mitigation, any such impacts have
been avoided or will be reduced to a less than significant level.
As a result of these project circumstances and by employing these mitigation
measures, the Project will have less than significant impact to Traffic.
H. Utilities and Service Systems
Impacts: Less than Significant Impact
Findings: There is an existing City of Lafayette 30-inch Reinforced Concrete Pipe
storm drain that is located on the new pumping plant site that will be relocated
prior to the construction of the new pumping plant. EBMUD will coordinate with
the City of Lafayette on the removal and replacement of the storm drain.
The Project will require the excavation of in-place soils. Soils and any solid waste
encountered in the excavations will be disposed of at an appropriate landfill
identified by the contractor as required in EBMUD construction specifications
regarding material off-haul and disposal. The project will comply with applicable
statues and regulations related to solid waste.
As a result of these project circumstances, the Project will have less than
significant impacts to Utilities and Service Systems.
I. Agricultural Resources
Impact: No Impact
Findings: The Project site is not designated as prime Farmland, Unique Farmland,
or Farmland of Statewide Importance. It is located within an urban area
surrounded by residential and commercial uses. The Project site is not currently
zoned for agricultural use nor is it under a Williamson Act contract for
agricultural preservation.
As a result of these project circumstances, the Project will have no impacts to
Agricultural Resources.
J. Cultural Resources
Impact: No Impact.

Findings: The Project site is located on developed land that has been subject to
extensive prior excavation and disturbance. All project work will occur in areas
that have been previously disturbed. It is unlikely that unique archeological,
paleontology resources or human remains exist along the project alignments.
However, if remains of archeological features or human remains are uncovered
during trench excavation work, the standard protocol will be followed to preserve
and protect such features. Generally this will consist of immediately stopping
work until such time as a qualified archeologist or the county coroner can make a
determination of significance for archeological and human remains, respectively.
As a result of these project circumstances, the Project will have no impacts to
Cultural Resources.
K. Geology and Soils
Impact: Less than Significant Impact
Findings: None of the project areas are within a mapped fault zone or are located
on soils susceptible to liquefaction or landslides.
Construction work will incorporate BMPs for erosion control in accordance to
General Permit for Storm Water Discharges Associated with Construction and
Land Disturbance Activities (Construction General Permit Order No. 2009-0009-
DWQ). These erosion control measures would reduce the potential for short-term
soil erosion and loss of topsoil.
As a result of these project circumstances, the Project will have less than
significant impacts to Geology and Soils.
L. Hydrology and Water Quality
Impact: Less than Significant Impact
Findings: EBMUD's water distribution system/facilities are designed,
constructed, operated and maintained to conform to state and federal requirements
for water treatment and discharge, thus no impacts to water treatment and
discharge are anticipated. The Project would not deplete groundwater supplies or
recharge because the existing impermeable surface will be restored thus
maintaining the status quo commensurate with infiltration (from precipitation),
groundwater and recharge.
The Project site is not located within a 100-year flood plain. The Project would
not expose people or structures to significant risk of loss or flooding as a result of
a dam or levee failure.

Drainage patterns may be temporarily disrupted during construction. Standard
Construction Specifications will require that the contractor develop and
implement an erosion and sedimentation control plan for work performed in
unpaved areas.
As a result of these project circumstances, the Project will have less than
significant impacts to Hydrology and Water Quality.
M. Land Use and Planning
Impact: No Impact
Findings: No change in land use or dividing an established community will result
from the Project. Therefore, the Project would not conflict with established
communities, General Plan designations, zoning, or habitat conservation plans.
As a result of these project circumstances, the Project will have no impacts to
Land Use and Planning.
N. Mineral Resources
Impacts: No Impact
Findings: No mineral deposits of economic significant are known to exist within
the project boundary.
As a result of these project circumstances, the Project will have no impacts to
known Mineral Resources.
O. Population and Housing and Growth Inducement
Impacts: No Impact
Findings: The Project will not induce population growth by making additional
water supply available for new development. The Project refurbishes and replaces
existing facilities to improve the reliability of the existing water distribution
system for existing customers. No housing presently exists at the project site
where the new pumping plant and rate control station will be constructed or where
the new pipelines will be installed, which will occur within public roadways;
therefore, the proposed Project would not displace housing. The Project would not
displace people or housing from the site and no relocation would be required
As a result of these project circumstances, the Project will have no impacts to
Population and Housing and Growth Inducement.
P. Public Services

Impacts: No Impact
Findings: The Project replaces an existing pumping plant and rate control station.
The Project would not generate a need for any new public facilities (schools,
police protection, parks, etc.) because it does not induce population and
employment growth. Workers at the project site are likely to commute from the
existing Bay area labor supply. Any deterioration of existing public facilities
resulting from construction (e.g., streets) would be restored by EBMUD to preconstruction
condition upon completion of construction. Such impacts are shortterm
and not significant.
As a result of these project circumstances, the Project will have no impacts to
Public Services.
Q. Recreation
Impacts: No Impact
Findings: The Project will not generate or attract additional population; therefore
it would not affect demand for recreational facilities. It also will not directly
impact any recreational resources.
As a result of these project circumstances, the Project will have no impacts to
Recreation.
R. Mandatory Findings of Significance
Impacts: Less than Significant Impact with Mitigation Incorporated
Findings: All project related impacts are short-term and construction related.
Impacts to Aesthetics, Air Quality, Hazardous Materials, Noise and Vibration,
Transportation/Traffic, and Utilities/Service Systems are less than significant with
mitigations.
Any potential environmental impacts resulting from the Project are considered not
significant after incorporation of mitigation and no significant cumulative impacts
are expected to occur.
W:\\410.01 Resolutions\DiabIo Vista Replacement MND Exhibit A.doc
10

EXHIBIT B
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
AETHESTICS/VISUAL QUALITY
Mitigation Measure AES-2: EBMUD will require the construction contractor to ensure
that the construction site is clean by storing building materials and equipment within the
proposed staging areas or in areas removed from public view where feasible, and by
promptly removing trash and construction debris that will not be reused on site.
Construction phasing will be organized to minimize equipment storage on site.
Impact being Mitigated
Impact AES-1: Project
construction could generate visual
impacts experienced in the shortterm
from nearby areas during
construction.
Timing
Requirement
During
Construction
Responsibility for
Implementation
EBMUD Contractor
Responsibility
for
Monitoring
EBMUD Construction
Inspector
Design Phase
Check Box
Completed by
Date
Construction Phase
Check Box
Completed by
Date
Post-Construction
Phase
Check Box
NA
Mitigation Measure AES-2:
« During the detailed design phase, EBMUD will prepare a detailed Architecture
Landscape Plan for the Diablo Vista Pumping Plant Replacement Project property
consistent with the 2012 Landscape Plan. Landscape vegetation, including trees,
removed as a result of the Proposed Project will be replaced based on the Architectural
Landscape Plan that will be implemented. Drought tolerant plants and native species
identified in the Contra Costa County Fire Protection District's Suggested Fire Smart
Plant List and approved City of Lafayette Planting list will be incorporated into the
Landscape Plan as practicable.
• EBMUD will incorporate aesthetic/architectural design details for the new Diablo Vista
Pumping Plant structure, fencing, and related site improvements consistent with the
2012 Architecture Plan.
• EBMUD will require its construction contractor to provide a warranty for new
plantings for 1 year after Project completion.
• A five-year tree monitoring program will be implemented. A performance standard of
not less than 75 percent survival rate of replacement tree plantings and a requirement
that trees are evaluated as self-sustaining at the end of five years.
Impact AES-2: Project
construction could alter the site's
appearance and long-term visual
effects.
Design /
Construction
Design Engineer /
Construction
Inspection
Design Project Manager/
EBMUD Construction
Inspector / EBMUD
Maintenance
Completed by
Date
Completed by
Date
NA
AIR QUALITY
Mitigation Measure AtR-1: The BAAQMD "Basic Construction Mitigation Measures"
will be incorporated by EBMUD into the contract specifications;
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) would be rocked and/or watered or soil stabilizers (nontoxic)
would be applied as necessitated by soil and air conditions.
• All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill,
and demolition activities will be effectively controlled for fugitive dust emissions
utilizing application of water or presoaking.
• Ail haul trucks transporting soil, sand, or other loose material off-site would be covered
or require all trucks to maintain at least two feet of freeboard.
• All visible mud or dirt tracked-out onto adjacent public roads would be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
« All vehicle speeds on unpaved roads would be limited to 15 mph.
• Idling times would be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13. Section 2485 of California Code of Regulations
ICCRJ).
• AH construction equipment would be maintained and properly tuned, in accordance
with manufacturer's specifications. All equipment would be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
Impact AIR-1: Construction
activities would generate exhaust
emissions from vehicles/equipment
and fugitive dust particles that
could affect air quality.
Construction
EBMUD contractor
EBMUD Construction
Inspector
Completed by
Date
Completed by
Date
NA

EXHIBIT B
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
BIOLOGICAL RESOURCES
Mitigation Measure BIO-I:
H
If site clearing, demolition, and construction do not commence between September t
and January 31, then preconstruction surveys, for nesting birds should be conducted by
a qualified biologist to ensure that no nest will be disturbed during project
implementation This survey would be conducted no more than 14 days prior to the
initiation of demolition/construction activities during the early part of the breeding
season (February through April) and no more than 30 days prior to the initiation of
these activities during the late part of the breeding season (May through August).
During this survey, the biologist will inspect all trees and other habitats in and
immediately adjacent to the impact areas for nests. If an active nest is found sufficiently
close to work areas to be disturbed by these activities, the biologist, in consultation
with CDFG, will determine the extent of a construction-free buffer zone to be
established around the nest to ensure that no nests of species protected by the Migratory
Bird Treaty Act (MBTA) or State code will be disturbed during project
implementation.
• If active nests of migratory bird species (listed in the MBTA and/or raptors) are within
the project area or in areas subject to disturbance from project activities, a nodisturbance
buffer will be required in order to avoid nest disturbance. The avoidance
buffer is based on the nest location, topography, cover and species' tolerance to
disturbance and is determined by a qualified biologist.
• If an avoidance buffer is not achievable, a qualified biologist will monitor the nest(s) to
document that no take of the nest (nest failure) has occurred. Active nests cannot be
taken or destroyed under the MBTA and, for raptors, under the California Fish and
Game Code. If it is determined that construction activity is resulting in nest
disturbance, work should cease immediately and CDFG should be contacted.
impact being Mitigated
Impact BIO-1: Avian species that
are protected under the Migratory
Bird Treaty Act or the California
Fish and Game Code have
potential to nest within or near the
Proposed Project area.
Timing
Requirement
Pre-Construction
Responsibility for
Implementation
EBMUD Biologist
Responsibility
for
Monitoring
EBMUD Construction
Inspector
Post-Construction
Design Phase Construction Phase Phase
Check Box Check Box Check Box
Completed by
Date
Completed by
Date
NA
Mitigation Measure BIO-2: Implementation of Architectural Landscape Plan, which will
include planting new tress, shrubs, plants, groundcover, etc. will mitigate tree removal to a
less than significant level.
HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Prior to Demolition of existing Diablo Vista Pumping Plant
structure, runoff onto property from adjacent site would cease and site soil contamination
would be remediated.
Impact BIO-2: Replacement of
onsite trees at new Diablo Vista
Pumping Plant site.
Impact HAZ-1: Existing Diablo
Vista Pumping Plant site soil may
contain elevated levels of
Petroleum Hydrocarbons and
Heavy Metals from adjacent site
runoff onto site.
Design/
Construction
During
Construction,
Prior to Demo of
existing Diablo
Vista PP
Design Engineer/
Construction
Inspection
EBMUD contractor
EBMUD Construction
Inspector
EBMUD Construction
Inspector / Regulatory
Compliance
Completed by
Date
Completed by
Date
Completed by
Date
Completed by
Date
NA
NA
Mitigation Measure HAZ-2: Implementing EBMUD's Best Management Practices
(BMPs) to discharge any purged water from the pipeline into the sanitary sewer under local
sanitary permit conditions; or dechlorinate and off-haul to EBMUD's main waste water
treatment plant or EBMUD-owned disposal site
Mitigation Measure HAZ-3: If any paint is separated from building materials (e.g.,
chemically or physically) during demolition of the structures, or if lead containing sand or
soil is found on any of the Project sites, EBMUD and/or its construction contractor will
implement the following steps:
Impact HAZ-2: Pipelines are
dosed with a high-chlorine-level of
water for disinfectant purposes
prior to being placed in-service.
The high-chlorine-level of water is
purged from the pipeline and can
cause significant environmental
hazards.
Impact HAZ-3: The Project
would create a significant hazard to
the public or the environment
through the routine transport, use,
or disposal of hazardous materials
During
Construction
During
Construction
EBMUD contractor
EBMUD contractor
EBMUD Construction
Inspector
EBMUD Construction
Inspector
Completed by
Date
Completed by
Date
Completed by
Date
Completed by
Date
NA
NA

EXHIBIT B
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
• Evaluate paint waste independently from the building material to determine whether or
not lead-based paint is present and to specify its proper management.
• Evaluate soil and sand still present at Project site to determine if it contains lead in an
amount that requires special handling.
» If lead-based paint or lead-containing sand or soil is found, complete abatement prior to
any construction activities that will create lead dust or fume hazard.
• Perform lead removal and disposal in accordance widi 8 CCR 1532.1, which regulates
and specifies exposure limits, exposure monitoring, respiratory protection, and good
worker practices by workers exposed to lead.
• Provide evidence by any contractor performing lead removal to the Contra Costa
County Environmental Health Department of the contractor's certified training for
lead-related construction work.
Mitigation Measure HAZ-4: Prior to demolition activities, EBMUD and/or its construction
contractor will conduct an asbestos survey in compliance with the National Emission
Standards for Hazardous Air Pollutants to determine the presence or absence of asbestos,
and submit the results of the survey to EBMUD. In the event ACMs are found, any
demolition activity that will disturb ACMs or create an airborne asbestos hazard will be
performed by a licensed asbestos abatement contractor under the supervision of a certified
asbestos consultant and according to EBMUD standards. This requirement will be
incorporated into EBMUD construction specifications for the Project, and will be monitored
by EBMUD during construction.
NOISE and VIBRATION
Mitigation Measure NOI-l: Day and Hours of Construction Operations
a) Construction activities will be limited to between 8:00 a.m. and 8:00 p.m. Monday
through Friday. Trucks and personnel can arrive at the site for reporting, minor tasks,
and meetings after 7:00 a.m. but no construction work that would be audible off-site by
residents nearby can begin until 8:00 a.m.
b) Extreme noise generating activities greater than 90 dBA at 50 feet will be limited to
between 8:00 a.m. and 4:00 p.m. Monday through Friday,
c) Any construction activity proposed outside of the standard hours of 8:00 a.m. to 8:00
p.m. (Monday through Friday), with the exception for emergencies, must be approved
by EBMUD. EBMUD will also notify residents and businesses along Mt. Diablo
Boulevard and Mt. Diablo Court by postcard,
d) No extreme noise-generating activities would be allowed on Saturdays,
e) No construction activity would take place on Sunday or Federal holidays,
fj For clarification, construction activities include but are not limited to: truck idling, all
moving equipment (including trucks, excavators, etc), stationary noise generating
equipment such as generators or materials, deliveries, and construction meetings held
on-site in a non-enclosed area.
Impact being Mitigated
(Lead).
Impact HAZ-4: The Project
would create a significant hazard to
the public or the environment
through the routine transport, use,
or disposal of hazardous materials
(Asbestos).
Impacts NOI-l, 2,3: Construction
activities associated with the
project will elevate noise levels
near the active pipeline
construction zone, new pumping
plant construction, and demolition
of existing pumping plant and rate
control station for
short/intermittent intervals.
Overall the construction period is
anticipated to take from 18 to 24
months for the entire project.
Timing
Requirement
During
Construction
During
Construction
Responsibility for
Implementation
EBMUD contractor
EBMUD contractor
Responsibility
for
Monitoring
EBMUD Construction
Inspector
EBMUD Construction
Inspector
Design Phase
Check Box
Completed by
Date
Completed by
Date
Construction Phase
Check Box
Completed by
Date
Completed by
Date
Post-Construction
Phase
Check Box
NA
NA
Mitigation Measure NO 1-2 Noise Control
a) Equipment and trucks used for project construction would utilize the best available
noise control techniques (e.g., improved mufflers, equipment redesign, use of intake
silencers, ducts, engine enclosures and acoustically-attenuating shields or shrouds,
wherever feasible),
b) Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project
construction would be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed air exhaust from pneumatically powered tools.
However, where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed air exhaust would be used, this muffler can lower noise levels from the

EXHIBIT B
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
exhaust by up to about 10 dBA. External jackets on the tools themselves would be used
where feasible, and this could achieve a reduction of 5 dBA. Quieter procedures would
be used, such as drills rather than impact equipment, whenever feasible.
c) Stationary noise sources would be located as far from adjacent residential or sensitive
receptors as possible, and they would be muffled and enclosed within temporary sheds,
incorporate insulation barriers, or other measures to the extent feasible.
d) If feasible, the noisiest phases of construction (such as pavement saw cutting) will be
limited to less than 10 days at a time.
Impact being Mitigated
Timing
Requirement
Responsibility for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction Phase
Check Box
Post-Construction
Phase
Check Box
Mitigation Measure NOI-3. Noise Complaint Procedures
a) Contractor would provide a procedure and phone numbers for notifying the EBMUD
staff (during regular construction hours and off-hours);
b) Install a sign posted on-site with permitted construction days and hours, and who
to notify in the event of a problem;
c) Notification of neighbors and occupants within 300 feet of the project construction area
at least 30 days in advance of pile-driving activities and the estimated duration of the
activity; and
d) A preconstruction meeting would be held with EBMUD inspectors and the general
contractor/on-site project manager to confirm that noise mitigation and practices
(including construction hours, noise control, neighborhood notification, posted signs,
etc.) are in place or completed.
Mitigation Measure NOI-4. Vibration Control
• To prevent cosmetic or structural damage to adjacent or nearby structures, EBMUD
will incorporate into contract specifications restrictions on equipment operation,
whereby surface vibration will be limited to no more than 0.5 in/sec PPV, measured at
the nearest structures. If vibration levels are found to exceed the 0.5 in/sec PPV
threshold, construction will be halted immediately and alternative construction
methods will be implemented to maintain vibration levels below this threshold.
• Preconstruction building surveys will be offered and conducted if approved by nearby
property owners to ensure that structures are maintained at their pre-construction
condition. Any new cracks or other changes in structures will be compared to
preconstruction conditions and a determination made as to whether the proposed
project could have caused such damage. In the event that the project is demonstrated
to have caused the damage, EBMUD will have the damage repaired to the pre-existing
condition.
TRAFFIC/TRANSPORTATION
Mitigation Measures TRAF-I: Limit construction trucks to ten or less through Mt. Diablo
Boulevard during peak hour commute periods (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00
p.m.). With implementation of this measure, the impact would be reduced to Less than
Significant. Construction and haul trucks will be directed to use the Pleasant Hill Road
interchange to access the work site.
Impact TRAF-I: Project
construction would add
construction worker trips and truck
trips but would not degrade current
LOS significantly due to low
traffic volume in the area.
During
Construction
EBMUD contractor
EBMUD Construction
Inspector
Completed by
Completed by
Mitigation Measures TRAF-2: EBMUD contract specifications would require preparation
and implementation of a Traffic Management Plan, which would include the following
elements:
• The work hours for each phase of project construction, the process for notifying
residents and businesses of construction activity, and the means for people to report
construction-related problems.
Impact TRAF-2: Project
construction would add
construction worker trips and truck
trips but would not degrade current
LOS significantly due to low
traffic volume in the area.
During
Construction
EBMUD contractor
EBMUD Construction
Inspector
Completed by
Completed by

EXHIBIT B
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
" Traffic control plans showing typical work areas for each phase of Construction along
with details for partial and full road closures, detours, and construction area signage.
The plans should indicate a minimum roadway width to maintain for emergency
vehicle access through the site. The plans will include temporary "Share The Road"
signage adjacent to work zones when construction is taking place on Mt. Diablo
Boulevard to alert vehicles to the presence of bicycles using this Class II bicycle route.
• Procedures for notifying emergency services of full roadway closures and detours.
" Haul routes for each construction phase would be provided to all trucks serving the site
during the construction period. The haul route will indicate that Mt. Diablo Boulevard
is designated as a Class II bike route, and to exercise caution when using these roads.
• Flaggers at the construction site to direct construction vehicles and control traffic as
needed.
• Flaggers at the Mt. Diablo Boulevard/Lafayette Hotel driveway intersection during
construction stage 4.
• Documentation of road pavement conditions for all routes that would be used by
construction vehicles both before and after Project construction. Roads found to have
been damaged by construction vehicles would be repaired to the level at which they
existed pnor to Project construction.
Impact being Mitigated
Timing
Requirement
Responsibility for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction Phase
Check Box
Post-Construction
Phase
Check Box

EBMUD
AGENDA NO.
MEETING DATE January 22, 2013
TITLE
PROPERTY ACQUISITION FROM THE CITY OF LAFAYETTE FOR THE
DIABLO VISTA PUMPING PLANT REPLACEMENT PROJECT
• MOTION m RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Approve a property exchange agreement with the City of Lafayette for the purchase of a 9,461 square foot
parcel at the southwest corner of Mt. Diablo Boulevard and Mt. Diablo Court, Lafayette and the eventual
conveyance of the District's existing 5,663 square foot Diablo Vista Pumping Plant property at 3305 Mt.
Diablo Boulevard, Lafayette.
SUMMARY
The existing 12 million gallon per day (mgd) Diablo Vista Pumping Plant located at 3305 Mt. Diablo
Boulevard will be replaced with a new 16 mgd pumping plant on property owned by the City of Lafayette
(City). The new pumping plant is not being re-constructed at the existing site because the site is smaller in
size than desired, a temporary pumping plant would have to be located at another site while construction
of a new pumping plant took place, and the City had expressed interest in exchanging a portion of its Mt.
Diablo Court property for the District's 3305 Mt. Diablo Boulevard site to increase retail off-street
parking. The two subject sites are shown on the attached map. In addition to being larger, the City's
property offers better site access which simplifies construction and lowers overall costs.
DISCUSSION
The District and the City have developed a property exchange agreement to affect the transfer of the
properties. The Lafayette City Council approved this agreement at its meeting on January 14, 2013. The
highlights of the agreement include:
Valuation- Both properties were appraised by a local independent licensed real estate appraiser who was
mutually selected by the City and the District. The unit value of both properties was established at $40 per
square foot resulting in a value of $226,500 for the District's existing pumping plant property. The larger
City's property value was calculated at $378,440. Recognizing the value differential of the two properties
and in order to make this exchange a non-cash transaction, the District will absorb the cost to relocate the
City's storm drain facility off of the City's property as well as allocate money for paving, lighting and
Funds Available FY:
Budget Code:
DEPARTMENT SUBMITTING:
Administration
DEPARTMENT MANAGER or DIRECTOR:
Carol Nishita
APPROVED:
B^neral Manager
/
Contact the Office of the District Secretary with questions about completing or submitting this form.

Acquisition of City of Lafayette Property/Diablo Vista Pumping Plant Replacement Project
January 22, 2013
Page 2
landscaping that the City will need for its new parking lot once the existing pumping plant structure is
demolished. The District and the City shared in the costs of the real estate appraisals, the preliminary title
reports and the environmental property assessments. The District advanced the funds for these items and
the City's share has been credited against the value differential. The debits and credits for each party are
shown below:
District Owes City
1. Property Cost $378,440
2. Construction License $ 51,090
Total $429,530
City Owes District
1. Property Cost
2. Appraisal, Title, Report, and
Site Assessment Costs
3. Storm Drain Relocation
4. Paving, Lighting, Landscaping
Site Improvements
Total
$226,500
$ 12,100
$100,000
$ 90,930
$429,530
Right of Entry- Since the existing pumping plant must remain in operation until the new pumping plant is
constructed and placed into service, the District will maintain its ownership of the existing Diablo Vista
Pumping Plant property. Likewise under this property exchange agreement, the City will continue to own
its property; however, the District via a construction license will be allowed to enter the City's property
and construct the new pumping plant facility. The District is further obligated to demolish the existing
pumping plant and backfill, grade and compact the site for the City's future use. The overall project is
expected to take between 18 to 24 months to complete.
Construction Parameters- The agreement acknowledges the District's proposed installation of appurtenant
pipelines within Mt. Diablo Boulevard as part of the overall project. The City has agreed to waive its
standard encroachment permit fees associated with both the pipeline installation work and the pumping
plant construction. Other conditions regarding work hours, equipment and material storage on public
streets, traffic control, pavement restoration, and insurance coverage are contained within the agreement.
FISCAL IMPACT
Funding has been included in the capital budget for this property acquisition.
ALTERNATIVE
Rebuild the pumping plant at the existing location. This alternative is not recommended as the existing
site is smaller than desired, immediately adjacent to existing buildings and businesses thus constraining
construction space, and would require finding a site for constructing a temporary pumping plant. The
City's property is of adequate size and provides excellent access for both construction and long-term
operations.
Attachment - Map

ATTACHMENT
Diablo Vista Pumping Plant Vicinity Map
-•-\
Existing^, /
Diablo Vista^'
Pumping P
^/'"
^0''
w
Not to scale
•4-
EBMUD

Draft Prepared By
jg
Office of General (fcjiunse!
RESOLUTION NO.
APPROVING AN AGREEMENT FOR THE CONVEYANCE OF THE EXISTING 5,663
SQUARE FEET DIABLO VISTA PUMPING PLANT PROPERTY TO THE CITY OF
LAFAYETTE IN EXCHANGE FOR 9,461 SQUARE FEET OF PROPERTY ON
MT. DIABLO BOULEVARD FOR THE DIABLO VISTA PUMPING PLANT
REPLACEMENT PROJECT
Introduced by Director
; Seconded by Director
WHEREAS, under the Diablo Vista Pumping Plant Replacement Project the District will replace
the existing 12 million gallon per day ("MGD") pumping plant located at 3305 Mt. Diablo
Boulevard in the City of Lafayette ("Existing Pumping Plant Property") with a new 16 MGD
pumping plant; and
WHEREAS, the 5,663-square-foot Existing Pumping Plant Property is not large enough to
accommodate the planned replacement pumping plant; and
WHEREAS, the City of Lafayette currently owns a 9,461-square-foot parcel at the southwest
corner of Mt. Diablo Boulevard and Mt. Diablo Court ("City Property") that would
accommodate the planned replacement pumping plant; and
WHEREAS, the City desires to exchange the City Property for the Existing Pumping Plant
Property in order to provide increased retail off street parking; and
WHEREAS, both properties were appraised by a local independent licensed real estate appraiser
mutually selected by the City and the District and the unit value of both properties was
established at $40 per square foot, resulting in a value of $226,500 for the Existing Pumping
Plant Property and $378,440 for the City Property; and
WHEREAS, the District and the City have developed a Property Exchange Agreement to affect
the transfer of the two properties; and
WHEREAS, under the terms of the Property Exchange Agreement (1) the District will receive
the City Property, as described in Exhibit A, attached hereto and as shown on the attached map,
Exhibit B; (2) the City will receive the Existing Pumping Plant Property, as described in Exhibit
C, attached hereto, and as shown on the attached map, Exhibit D; and (3) to offset the difference
in value between the two properties, the District will cover the cost to relocate the City's storm
drain facility off of the City Property and will allocate money for paving, lighting and
landscaping on the Existing Pumping Plant Property that the City will need for its new parking
lot; and

WHEREAS, the Property Exchange Agreement allows the needs of both the District and the City
to be achieved without either party resorting to condemnation; and
WHEREAS, the Property Exchange Agreement requires each party to fully comply with the
California Environmental Quality Act regarding all of the activities contemplated under this
Agreement; and
WHEREAS, the Board has adopted a mitigated negative declaration for the Diablo Vista
Pumping Plant Replacement Project, adopted the mitigation monitoring and reporting plan, and
approved the Project;
NOW, THEREFORE, BE IT RESOLVED that the Manager of Real Estate Services and
Secretary are authorized and directed to execute the Property Exchange Agreement in a form
approved by the General Counsel, as well as any deeds, easements and other documents
necessary for the conveyance of the Existing Pumping Plant Property to the City of Lafayette in
accordance with the terms of the Property Exchange Agreement.
ADOPTED this 22 nd day of January, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
President
Secretary
APPROVED AS TO FORM AND PROCEDURE:
General Counsel
W:\400\410\410.01\DiabIo Vista Pumping Plant Property Exchange.doc

EXHIBITS
Real property lying within the Rancho Boca De La Canada Dei Pinole, being a portion
of the parcel of land described in the Quit Claim Deed to the City of Lafayette
recorded June 1, 2012 as Document No. 2012-0130405, Contra Costa County
Recorder's office, State of California described as follows:
Beginning at the northwest corner of said Quit Claim Deed to the City of Lafayette
being also a point on the southerly line of Parcel 46 described in resolution number
40201 of the California Highway Commission for the "Reiinquishment of State
Highway in the City of Lafayette" recorded October 24, 1975 in Book 7666 of Official
Records at page 761; thence along the southerly and westerly lines of said Parcel 46
(being the southerly and westerly lines of Lafayette city streets commonly known as
Mt. Diablo Blvd. and Mt. Diablo Ct.) the following four (4) courses: 1) along a nontangent
curve to the right with a radius of 600 feet, a radial line to said point bears
north 9°18'13" east, through a central angle of 14°01'50", an arc distance of 146.93
feet to a point of compound curvature; thence 2) southeasterly and southwesterly
along said curve, having a radius of 10.00 feet, through a central angle of 92°09'57",
an arc distance of 16.09 feet; thence 3) tangent to said curve south 25°30'00" west
31.91 feet; thence 4) southerly along a tangent curve to the left, having a radius of
128.00 feet, through a central angle of 9°42'07" an arc distance of 21.67 feet;
thence leaving said westerly line of said Mt. Diablo Ct. north. 66°39'07" west 26.05
feet; thence north 73°12'38" west 24.74 feet; thence north 76°10'18 west 81.88 feet
to a point on the west line of said Quit Claim Deed to the City of Lafayette, thence
along said line north 2°22'35" east 66.74 feet to.the Point of Beginning
Containing an area of 9,461 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System of 1927
(CCS27), Zone 3. Multiply distances by 1.000084 to obtain ground distances.
I
Page 1 of 1 |
EXHIBIT A

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EXHIBIT B

The land referred to is situated in the County of Contra Costa, City of Lafayette, State of
California, and is described as follows:
Portion of the Rancho Booa de la Canada del Pinole, described as follows:
Beginning on the Southeastern line of Mount Diablo Boulevard at the Northeastern comer of the
Parcel of land described as Parcel Two in the Deed from Pat LaRocca, et ux, to C. Leroy Wolff,
dated March 11, 1947, recorded July 9, 1947, in Book 1094 of Official Records, Page 566;
thence from said point of beginning, South 12° 02' 55" East, 253.47 feet to the Southeastern
corner of said Wolff Parcel; thence South 65° 43' West along the Southeastern line of said Wolff
Parcel a distance of 55 feet; thence Northerly in a straight line to a point on the Southeastern
line of said Mount Diablo Boulevard, which is distant thereon South 65° 43' West, 60 feet from
the Northeastern corner of said Wolff Parcel; thence North 65° 43' East along the Southeastern
line of said Boulevard and the Northwestern line of said Wolff Parcel a distance of 60 feet to the
point of beginning.
EXCEPTING THEREFROM
Commencing on the Southeast line of Mt. Diablo Boulevard at the Northeast corner of the
Parcel of land described in the Deed from C. Le Roy Wolff to East bay municipal utility district,
dated May 7, 1952, and recorded June 6,1952, in Book 1942, at page 466, Contra Costa
County Records; thence from said point of commencement along the Eastern line of the last
named Parcel of land (1942 or 466) South 12° 02' 55" East, 102.00 feet to the true point of
beginning of this description; thence South 77° 57' 05" West, 56.90 feet to the West line of the
said last named Parcel (1942 or 466); thence along said West line South 13° 09' 30" East, 99.10
feet to the intersection of the South line of that certain Parcel of land deeded to Fred h. Vann,
et al., recorded September 11,1961, in Book 3949, at Page 520, Contra Costa County Records;
thence along the Northeasterly extension of the South line of the Vann Parcel (3949 or 520),
North 65° 43' East, 56.27 feet to the East line of the hereinabove referred to Parcel (1942 or
466); thence Northerly along said East line North 12° 02' 55" West, 87.15 feet to the point of
beginning.
ALSO EXCEPTING THEREFROM:
Commencing on the Southeast line of Mt. Diablo Boulevard at the Northeast corner of the
Parcel of land described in the Deed from C. Leroy Wolff to East Bay Municipal Utility District
dated May 7, 1952 and recorded June 6,1952 in Book 1942, at Page 466, Contra Costa County
Records; thence from said point of commencement along the East line of last named Parcel of
land (1942 or 466), South 12° 02' 55" East, 189.15 feet to the intersection thereof with the
Northeasterly extension of the South line of that certain Parcel of land deeded to Fred H. Vann,
et al, recorded September 11, 1941 in Book 3949 at Page 520, Contra Costa County Records,
which point is the true point of beginning of this description; thence along said Northeasterly
extension, South 65° 43' West, 56.27 feet to the West line of the hereinabove referred to Parcel
(1942 or 466); thence along said West line, South 13° 09' 30" East, 64.06 feet to the South line
of said Parcel (1942 or 466); thence along said South line, North 65° 43' East, 55 feet to the
Page 1 of 2
EXHIBIT C

East line of said Parcel (1942 or 466); thence along said East line, North 12° 02' 55" West,
64.32 feet to point of beginning.
APN: 233-120-029
Page 2 of 2
EXHIBIT C

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EBMUD
AGENDA NO.
MEETING DATE January 22, 2013
TITLE
39TH AVENUE RESERVOIR REPLACEMENT PROJECT - MITIGATED
NEGATIVE DECLARATION AND PROJECT APPROVAL
• MOTION M RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Adopt the Mitigated Negative Declaration (MND) for the 39th Avenue Reservoir Replacement
Project.
• Adopt the Mitigation Monitoring and Reporting Program in accordance with the California
Environmental Quality Act (CEQA).
» Approve the 39th Avenue Reservoir Replacement Project.
SUMMARY
The 39th Avenue Reservoir Replacement Project consists of replacing a 10.2-million gallon (MG), opencut
reservoir, constructed in 1920, with a 3.5-MG concrete tank, related valve pit structure, and associated
inlet/outlet piping modifications. Construction will include demolition of the existing reservoir roof system,
the concrete lining, and a portion of the western dam embankment. Staff prepared an Initial Study to assess
environmental impacts resulting from the construction activities of the project. The District, as lead agency
for the project, determined that a MND is the appropriate level of CEQA review because the potentially
significant environmental impacts identified in the Initial Study will be mitigated to less than significant.
DISCUSSION
The 39th Avenue Reservoir operates in conjunction with Field Reservoir in the 39th Avenue Pressure Zone,
serving water to approximately 8,700 customers in the cities of Oakland and Piedmont (see the attached
project vicinity map). The reservoir is formed by two embankment dams which are not under the jurisdiction
of the California Division of Safety of Dams. A roof was installed in 1933, retrofitted in 1961, and repaired
in 2011 to resolve rain water intrusion into the reservoir. The current reservoir deficiencies include:
« The existing roofing material is reaching the end of its useful life.
• The roof structure does not meet current seismic codes.
• The reservoir does not have an underdrain system to detect leakage through the reservoir lining.
• The storage capacity is too large for the area it serves, which leads to water quality operational
challenges.
Funds Available: FY12-13; CEP #003042; Page 2.4-11
Budget Code: WSC/523/2006102/7999
DEPARTMENT SUBMITTING
DEPARTMENT MANAGER or DIRECTOR
APPROVED
Engineering and Construction ,
Xavier J. Was
General Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BD1_CEQA_O61]

39th Avenue Reservoir Replacement Project - Mitigated Negative Declaration and Project Approval
January 22,2013
Page 2
Rather than install a new roof and make other major upgrades, staff has determined it is more cost effective
to install a smaller capacity tank to improve seismic stability and water quality maintenance capability.
ENVIRONMENTAL REVIEW PROCESS/PUBLIC OUTREACH
The District conducted two public outreach meetings. The first meeting was held on January 18, 2012, and
a follow-up meeting was held on April 25, 2012. In general, neighbors were pleased with the final concept
and had only minor input regarding the site plan. Construction-related concerns focused on noise, dust, and
neighborhood traffic impacts as well as the preservation of the existing landscaping. The District posted the
MND on the District's website and a notice was published in the Oakland Tribune on September 27, 2012.
Copies of the project documents were available for public review at the Administrative Building and two
branches of the Oakland Public Library. Direct mailers were sent to the surrounding neighbors, schools, and
affected public agencies.
The public review period started on September 27,2012 and ended on October 29,2012. No comments
were received.
SCHEDULE
Project design is scheduled to start in 2018. Construction is scheduled to start in 2019 and take
approximately two years. Staff scheduled the design phase to coincide with the end of the warranty period
for the recent repairs of the roofing system. Adopting the MND now affords the District maximum
flexibility for design and construction schedule acceleration in case of earthquake damage or further
unexpected deterioration.
FISCAL IMPACT
The estimated cost for design and construction of the project is $8.9 million. Capital funding for the
planning phase is included in the FY12-13 Capital Improvement Program under the Central Oakland Hills
Cascade Pressure Zone Improvements Project. Capital funding for the design and construction phases is
currently planned for FY19-20 and appropriation will be requested in a future budget.
ALTERNATIVES
Do Not Adopt the Mitigated Negative Declaration. This alternative is not recommended because the
MND meets CEQA requirements and enables the project to proceed at any time.
No Project. This alternative is not recommended as this alternative does not satisfy the project objectives.
Attachment
I:\Sec\_01-22-13 Board Agenda Items\E&C 39th Avenue Reservoir Replacement Project - sbl3_007.doc

- > •
Attachment
39th Ave Reservoir —
Replacement (3.5 MG)
4290 Mayhelle Avenue
~ ^ \
Affca served by 39th Ave Reservoir
j
M*|i-434 V*EB ' ii II
39th Avenue Reservoir Repiacemmeint Project
Vicinity Map

Draft Prepared By ^__^ ^ ( -
Ik
Officeofuenefai
RESOLUTION NO.
ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE 39 th AVENUE
RESERVOIR REPLACEMENT PROJECT, ADOPTING THE MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING THE PROJECT
Introduced by Director
; Seconded by Director
WHEREAS, the 39 th Avenue Reservoir is a 10.2 million gallon open cut reservoir constructed in
1920, with a roof enclosure constructed in 1933; and
WHEREAS, the reservoir has deficiencies, including: (1) existing roofing materials that is
reaching the end of its useful life; (2) a roof structure that does not meet current seismic codes;
(3) lack of an underdrain system to detect leakage through the reservoir lining; and (4) storage
capacity that is too large for the area served; and
WHEREAS, EBMUD has determined that in order to remedy the deficiencies it is most cost
effective to demolish the existing reservoir roof system and install a smaller capacity tank to
improve the seismic stability and water quality maintenance capability, and EBMUD is thus
proposing to undertake the 39 th Avenue Reservoir Project (Project); and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA),
EBMUD as lead agency prepared an Initial Study for the Project analyzing whether any
potentially significant environmental impacts would result from the Project; and
WHEREAS, in accordance with CEQA, on September 27, 2012 a Notice of Intent to Adopt a
Mitigated Negative Declaration ("MND") for the Project was circulated and the MND and the
Initial Study upon which it is based were made available for public review and comment; and
WHEREAS, EBMUD received no comments during the public review period; and
WHEREAS, EBMUD has prepared a Mitigation Monitoring and Reporting Program
(MMRP) for the Project which is attached hereto as Exhibit B and incorporated herein by this
reference;
NOW, THEREFORE, BE IT RESOLVED that the EBMUD Board of Directors does hereby
find, determine and certify that:
1. The MND has been presented to the Board of Directors and the Board has reviewed and
considered the information contained therein prior to approving the Project.
2. The MND reflects the Board's independent judgment and analysis.
3. All proceedings of the environmental review process, including circulation of the MND and
all required notices, have been conducted and completed in compliance with CEQA, the
CEQA Guidelines, and all other applicable laws, regulations and procedures.

4. The potential environmental impacts of the Project are fully disclosed in the MND, and said
MND is adequate for use by EBMUD for the approval, design, and implementation of the
Project.
5. The Board of Directors makes the findings and determinations regarding the proposed
Project set forth in the Board's Findings Regarding the Project, attached hereto as Exhibit A
and incorporated herein by this reference.
6. The Board of Directors hereby approves, adopts, and imposes the MMRP attached hereto as
Exhibit B. The mitigation measures adopted by the Board in its Findings are hereby
incorporated into the Project.
7. The documents and materials constituting the record of this proceeding are located at
EBMUD's administrative offices, 375-11 th Street, Oakland, CA 94607. The custodian of said
records is the Secretary of the District.
8. In the preparation of the MND, every effort has been made to utilize the best information
available and to incorporate new information as it became available, including information
obtained from the public and from other agencies.
9. No substantial changes in circumstances have occurred since preparation of the MND which
would require revisions to the MND or consideration of a full Environmental Impact Report
(EIR) due to the discovery or disclosure of new significant environmental impacts not
covered in the MND, and there is no requirement to recirculate the MND or prepare an EIR.
BE IT FURTHER RESOLVED that in accordance with CEQA, the Board determines that
impacts identified in the MND as potentially significant have been reduced to a less than
significant level because EBMUD has made or agreed to Project revisions and/or mitigation
measures. EBMUD, acting as lead agency, has therefore determined that a
Mitigated Negative Declaration is appropriate for this Project.
BE IT FURTHER RESOLVED that based on the whole record before it, including the
Initial Study, the Board of Directors finds that there is no substantial evidence that the
Project will have a significant effect on the environment. Therefore, the MND, including the
MMRP, is hereby approved as having been completed in compliance with CEQA.
BE IT FURTHER RESOLVED that the Project, as described in said MND, is hereby approved
and the General Manager is hereby directed to take such actions as shall be necessary to
implement this determination to carry out the Project.

BE IT FURTHER RESOLVED that the Secretary of the District is hereby directed to file a
Notice of Determination, in accordance with the law, with the County Clerk of Alameda County.
Adopted this 22 nd day of January, 2013 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
President
Secretary
APPROVED AS TO FORM AND PROCEDURE:
W:\410.0I Resolutions\39th Ave Reservoir Replaeement.doc
General Counsel

1.0 Introduction
EXHIBIT A
EBMUD BOARD OF DIRECTORS FINDINGS REGARDING THE
39 TH AVENUE RESERVOIR REPLACEMENT PROJECT
This document describes the findings by the East Bay Municipal Utility District (EBMUD)
Board of Directors for the 39 th Avenue Reservoir Replacement Project (Project).
Part 1 of these findings describes the Project.
Part 2 contains the findings regarding the independent review and judgment of the Board of
Directors.
Part 3 contains the findings regarding the proposed Project.
The findings presented here summarize the potential impacts identified in the Initial
Study and MND as well as the Project changes and mitigation measures agreed to by EBMUD
and incorporated into the Project as set forth in the MND. The summary is not intended to
change any aspects of the complete text of the analysis and mitigation measures contained in the
MND.
1.1 The Project
The 39th Avenue Reservoir, located in Oakland, is a 10.2-million gallon (MG) open-cut
reservoir that was constructed in 1920. See the attached project vicinity map. The two
embankments are not under the jurisdiction of the Division of Safety of Dams. A roof enclosure
was installed in 1933, retrofitted in 1961, and repaired in 2011 to resolve rain water intrusion
into the reservoir. The current reservoir deficiencies include:
• The existing roofing material is reaching the end of its useful life.
The roof structure does not meet current seismic codes.
• The reservoir does not have an underdrain system to detect leakage through the reservoir
lining.
• The storage capacity is too large for the area it serves, which leads to water quality
operational challenges.
Rather than install a new roof and make other major upgrades, EBMUD has determined it is
more cost effective to install a smaller capacity tank to improve the seismic stability and water
quality maintenance capability. The recommended project includes:
• Demolition of the existing reservoir roof system, concrete lining, and a portion of the western
dam embankment.
• Installation of a 3.5-MG concrete tank, including a valve pit structure and an inlet/outlet
piping modification.
1

• Installation of new landscaping features to provide screening using topographic,
hardscape, additional trees, and bushes.
2.0 Findings Regarding Independent Review and Judgment
Each member of the EBMUD Board of Directors was provided access to copies of the MND and
the MMRP. The MND was made available for public comment, and no comments were received
during the public review period.
The Board hereby finds that the MND reflects the Board's independent judgment and analysis.
The EBMUD Board also finds that it has independently reviewed, considered and analyzed the
Initial Study, the MND, and the MMRP prior to taking any final action with respect to the
proposed project.
3.0 Findings Regarding the Project
Having received and considered the information contained in the Initial Study, MND, and
MMRP, the EBMUD Board of Directors hereby adopts the following findings regarding the
Project.
3.1 Findings Regarding Less than Significant Effects
A. Aesthetics
Impact: Less than Significant with Mitigation Incorporated.
Findings: There will be a change to the visual site character due to the removal of the
existing 2.25 acre 39th Avenue Reservoir roof structure. The views from the streets and
surrounding residences into the site will be improved due to incorporation of measures to
landscape the entire reservoir bowl and partially buried tank with grasses, wild flowers,
shrubs and trees, to provide continuity with existing site landscaping. Therefore, visual
changes resulting from construction of this reservoir project would be minimal and
considered Less than Significant. Mitigation measures are identified as Mitigation
Measure AES-1 in the MND and MMRP.
Facts in Support of Findings: Measure AES-1 requiring civil and landscape plans is
hereby incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to this mitigation, any aesthetic impacts have been avoided
or will be reduced to a Less than Significant level.
As a result of these project mitigations, the Project will have Less than Significant
aesthetic impacts.
B. Air Quality
Impact: Less Than Significant with Mitigation Incorporated

Findings: The project would result in maximum daily emissions levels that are below
BAAQMD thresholds. Therefore, the project's impact related to construction-period
criteria pollutant emissions is Less than Significant. However, BAAQMD recommends
implementation of construction mitigation measures to reduce construction-related
emissions for all projects, regardless of the significance level of construction-period
impacts. These measures are identified as Mitigation Measure AIR-1 in the MND and
MMRP.
Construction activities can also result in fugitive dust, which contributes to particulate
matter levels. While construction-period dust emissions have been estimated, BAAQMD
does not have a threshold of significance for fugitive dust impacts, but instead regards
fugitive dust impacts to be mitigated if appropriate management practices are
implemented. BAAQMD-recommended basic construction management practices are
included in Mitigation Measure AIR-1.
Consistent with BAAQMD recommendations, the fugitive dust emissions presented in
the MMRP have been reduced by 53 percent to reflect implementation of the measures
included in Mitigation Measure AIR-1 in the MND and MMRP.
Facts in Support of Findings: Measure AIR-1 incorporating the BAAQMD "Basic
Construction Mitigation Measures" is hereby incorporated and imposed and shall be
monitored in compliance with the MMRP. Because EBMUD has agreed to this
mitigation, any air quality impacts have been avoided or will be reduced to a Less than
Significant level.
As a result of these project circumstances, and by employing this mitigation measure, the
Project will have Less than Significant impacts to Air Quality resources.
C. Biological Resources
Impact: Less Than Significant with Mitigation Incorporated
Findings: The Project site is within a developed urban area, and based on the archival
research and field surveys undertaken by EBMUD it is unlikely that special status species
occur on the Project site or that project construction and operation would interfere
substantially with the movement of any resident or migratory fish or wildlife species or
with established native resident or migratory corridors. Furthermore, potential impacts to
candidate, sensitive, or special status species associated with the Project would be Less
than Significant with implementation of the survey measures in Mitigation Measure
BIO-1 identified in the MND and MMRP and employment of avoidance and mitigation
measures to limit impacts as necessary.
Approximately five to ten trees will be removed at the 39 th Avenue Reservoir site in order
to replace the existing inlet/outlet pipeline. All other trees at the site will be preserved.
The proposed tree removals are necessary to the project and will allow EBMUD to
; maintain water service to the community and will not result in significant impacts

Implementation of Mitigation Measure BIO-2 requiring minimization of tree removal
identified in the MND and MMRP will lessen potential impacts to a Less than Significant
level.
Several small potential seasonal wetlands and one sparsely vegetated drainage feature
occur within topographic low areas in the center of the western half of the project site.
The areas identified on the project site are considered to be "isolated" since they do not
have hydrologic connectivity with navigable waters of the United States, and therefore
are not subject to the U.S. Army Corps of Engineers' (Corps) jurisdiction; however, only
the Corps can confirm/verify this assumption. If impacts to potential seasonal wetlands or
other waters of the United States can not be avoided, the implementation of Mitigation
Measure BIO-3 in the MND and MMRP would reduce potential impacts to wetland
functions to a Less than Significant level.
Facts in Support of Findings: Measures BIO-1, BIO-2, and BIO-2, are hereby
incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to these mitigations, any such impacts have been avoided or
will be reduced to a Less than Significant level.
As a result of these project circumstances, and by employing these mitigation measures,
the Project will have Less than Significant impacts to Biological Resources.
D. Geology and Soils
Impact: Less Than Significant with Mitigation Incorporated
Findings: The project site is within the Alquist-Priolo Special Studies Zone as defined by
the California Division of Mines and Geology (1982). Two traces of the Hayward Fault are
mapped west of the project site and a third mapped trace of the fault is located east of the
site. Although these traces do not underlie the proposed water tank, sympathetic rupture
may cause damage to the water tank and other structures and result in a potential loss of
water. Implementation of Mitigation Measure GEO-1 requiring the tank to have a setback
from known active traces of the fault indentified in the MND and MMRP will lessen
potential impacts to a Less than Significant level.
Facts in Support of Findings: Measure GEO-1, is hereby incorporated and imposed and
shall be monitored in compliance with the MMRP. Because EBMUD has agreed to these
mitigations, any such impacts have been avoided or will be reduced to a Less than
Significant level.
As a result of these project circumstances, and by employing these mitigation measures,
the Project will have Less than Significant impacts to Geology and Soils Resources.
E. Greenhouse Gas Emissions
Impact: Less Than Significant with Mitigation Incorporated

Findings: The project would not conflict with local plans, policies, or regulations aimed
at curbing emissions of greenhouse gases because of its small scale and temporary nature.
The construction mitigation measures from the air quality section (AIR-1 and AIR-2)
will also serve to mitigate potential impacts from greenhouse gas emissions. Therefore,
no additional mitigations are required.
As a result of these project circumstances, and by employing these mitigation measures,
the Project will have Less than Significant impacts to Greenhouse Gas Emissions.
F. Hazards and Hazardous Materials
Impact: Less Than Significant with Mitigation Incorporated
Findings: Entities undertaking construction and excavation activities disturbing more
than one acre of asbestos-containing materials, which may exist in the serpentine rock
matrix in the Franciscan Formation in the project site, are required to prepare an Asbestos
Dust Mitigation Plan specifying measures that would be taken to prevent visible dust
dispersing into adjacent property. The plan must be submitted to and approved by the
BAAQMD at least two weeks prior to the beginning of excavation, and the site operator
must ensure the implementation of all measures through the construction project. In
addition, the BAAQMD may require air monitoring for offsite migration of asbestos dust
during construction activities and may change the plan on the basis of the air monitoring
results. While subsurface investigations did not encounter asbestos-laden serpentine
bedrock materials, if serpentine rocks are discovered, implementation of Mitigation
Measure HAZ-1 in the in the MND and MMRP will lessen potential impacts to a Less
than Significant level.
Backbone and distribution pipelines are dosed with chlorine to disinfect the pipeline prior
to being placed in-service. This water is then purged from the pipeline and dechlorinated
prior to release into the sewer or storm water system. The implementation of BMPs
consistent with Mitigation Measure HAZ-2 identified in the in the MND and MMRP
will lessen potential impacts associated with releases to a Less than Significant level.
Facts in Support of Findings: Measures HAZ-1 and HAZ-2, are hereby incorporated and
imposed and shall be monitored in compliance with the MMRP. Because EBMUD has
agreed to these mitigations, any such impacts have been avoided or will be reduced to a
Less than Significant level.
As a result of these project circumstances, the Project will have Less than Significant
impacts to Hazards and Hazardous Materials Resources.
G. Noise
Impacts: Less Than Significant with Mitigation Incorporated

Findings: The project would result in short term exposure of persons to demolition and
construction related noise levels. Although EBMUD is not subject to local zoning
ordinances for projects involving the transmission of water (refer to Government Code
section 53091) EBMUD strives to consider local noise ordinances during construction,
where feasible and not contrary to its public purpose and responsibilities. By limiting
work hours and implementing best management construction practices established by the
City of Oakland, noise resulting from the project is considered Less than Significant.
Measures limiting work hours are identified in Mitigation Measure NOI-1 in the MND
and MMRP. Best Management Practices (BMPs) related to Noise Control and Noise
Complaint Procedures are identified in Mitigation NOI-2 and NOI-3 respectively in the
MND and MMRP.
While BMPs related to construction practices will limit vibrations, preconstruction home
surveys are available in the unlikely and remote event that the project is demonstrated to
have caused any damage to residences. The surveys are described in Mitigation NOI-4
in the MND and MMRP.
EBMUD finds that the implementation of Mitigation Measures NOI-1, NOI-2, NOI-3,
and NOI-4, as detailed in the MND, would reduce impacts to a Less than Significant
level.
Facts in Support of Findings: Measures NOI-1, NOI-2, NOI-3, and NOI-4 are hereby
incorporated and imposed and shall be monitored in compliance with the MMRP.
Because EBMUD has agreed to these mitigations, any such impacts have been avoided or
will be reduced to a Less than Significant level.
As a result of these project circumstances, and by employing these mitigation measures,
the Project will have Less than Significant impact to Noise Resources.
H. Transportation/Traffic
Impacts: Less than Significant with Mitigation Incorporated
Findings: The project would generate vehicle trips during project construction,
temporarily contributing to increased traffic on local roadways. Truck trips would be
associated with hauling materials, debris and equipment to and from the site.
Construction employees would also contribute to vehicle trips. The near-term impact to
intersections is Significant But Mitigable. Implementation of Mitigation Measure
TRAF-1 requiring a Traffic Management Plan with Specified Elements identified in the
MND and MMRP will lessen potential impacts to a Less than Significant level.
The long-term cumulative impact of the project is Less than Significant as the project
would generate less vehicle trips than the existing project due to minimal maintenance
requirements for a new pipeline.

Facts in Support of Findings: Measure TRAF-1 is hereby incorporated and imposed and
shall be monitored in compliance with the MMRP. Because EBMUD has agreed to this
mitigation, any such impacts have been avoided or will be reduced to a Less than
Significant level.
As a result of these project circumstances, and by employing these mitigation measures,
the Project will have Less than Significant impact to Traffic Resources.
I. Utilities and Service Systems
Impacts: Less than Significant Impact
Findings: The project will require the excavation of in-place soils. Soils and any solid
waste encountered in the excavations will be disposed of at an appropriate landfill
identified by the contractor as required in EBMUD construction specifications regarding
material off-haul and disposal The project will comply with applicable statues and
regulations related to solid waste.
As a result of these project circumstances, the Project will have Less than Significant
impacts to Utility and Service Systems Resources.
J. Agricultural Resources
Impact: No Impact
Findings: The project site is not designated as prime Farmland, Unique Farmland, or
Farmland of Statewide Importance. It is located within an urban area surrounded by
residential uses. The project site is not currently zoned for agricultural use nor is it under
a Williamson Act contract for agricultural preservation.
As a result of these project circumstances, the Project will have no impacts to agricultural
resources
K. Cultural Resources
Impact: No Impact.
Findings The project site is located on developed land that has been subject to extensive
prior excavation and disturbance. All project work will occur in areas that have been
previously disturbed. It is unlikely that unique archeological, paleontology resources or
human remains exist along the project alignments. However, if remains of archeological
features or human remains are uncovered during trench excavation work, the standard
protocol will be followed to preserve and protect such features. Generally this will consist
of immediately stopping work until such time as a qualified archeologist or the county
coroner can make a determination of significance for archeological and human remains,
respectively.

As a result of these project circumstances, the Project will have no impacts to Cultural
Resources.
L. Hydrology and Water Quality
Impact: No Impact.
Findings: EBMUD water distribution system/facilities are designed, constructed,
operated and maintained to conform to state and federal requirements for water treatment
and discharge, thus no impacts to water treatment and discharge are anticipated. The
project would not deplete groundwater supplies or recharge because the existing
impermeable surface will be restored thus maintaining the status quo commensurate with
infiltration (from precipitation), groundwater and recharge. The existing drainage pattern
and system for the pipeline will not be altered by this project thus the project will not
increase storm-water run-off and will include implementation of an erosion and
sedimentation control plan for construction work on unpaved portions of the pipeline
alignment. The project site is not located within a 100-year flood plain. The project
would not expose people or structures to significant risk of loss or flooding as a result of
a dam or levee failure.
As a result of these project circumstances, the Project will have Less than Significant
impacts to Hydrology and Water Quality resources.
M. Land Use and Planning
Impact: No Impact
Findings: No change in land use or dividing an established community will result from
the Project. Therefore, the Project would not conflict with established communities,
General Plan designations, zoning, or habitat conservation plans.
As a result of these project circumstances, the Project will have no impacts to Land Use
and Planning Resources.
N. Mineral Resources
Impacts: No Impact
Findings: No mineral deposits of economic significant are known to exist within the
project boundary.
As a result of these project circumstances, the Project will have no impacts to known
Mineral Resources.
O. Population and Housing and Growth Inducement

Impacts: No Impact
Findings: The project will not induce population growth by making additional water
supply available for new development. The project refurbishes and replaces existing
facilities to improve the reliability of the existing water distribution system that currently
serves customers in the City of Oakland. Only planned growth, approved and permitted
by these two cities will be served by these improved facilities and the replacement is not
intended to facilitate growth. No housing presently exists at the project site which occurs
within public roadways; therefore, the proposed project would not displace housing. The
project would not displace people or housing from the site and no relocation would be
required
As a result of these project circumstances, the Project will have no impacts to Population
and Housing Resources.
P. Public Services
Impacts: No Impact
Findings: The project replaces existing water transmission and distribution pipelines
only. The Project would not generate a need for any new public facilities (schools, police
protection, parks, etc.) because it does not induce population and employment growth.
Workers at the project site are likely to commute from the existing Bay area labor supply.
Any deterioration of existing public facilities resulting from construction (e.g., streets)
would be restored by EBMUD to pre-construction condition upon completion of
construction. Such impacts are short-term and not significant.
As a result of these project circumstances, the Project will have no impacts to Public
Services Resources.
Q. Recreation
Impacts: No Impact
Findings: The project will not generate or attract additional population; therefore it
would not affect demand for recreational facilities. It also will not directly impact any
recreational resources.
As a result of these project circumstances, the Project will have no impacts to Recreation
Resources.
R. Mandatory Findings of Significance
Impacts: Less than Significant Impact with Mitigation Incorporated

Findings: All project related impacts are short-term and construction related. Impacts to
Visual Quality, Air Quality, Greenhouse Gases/Climate Change; Geology, Soils and
Seismicity and Biological Resources are Less than Significant with mitigation.
Regarding cumulative impacts, twelve projects have been identified within a one to three
mile radius of the Project site. No cumulatively considerable impacts are projected as a
result of the combination of the impacts of the Project with other identified projects.
W:\410.01 Resolutions\39th Ave Reservoir Repalcement MND- Ex. A FINAL.doc
10

EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL MITIGATION
39TH AVENUE RESERVOIR REPLACEMENT PROJECT
The requirement for a mitigation monitoring or reporting program (MMRP) is introduced
in Section 15091 of Title 14, California Code of Regulations, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA). This section
directs the public agency approving or carrying out the project (East Bay Municipal
Utility District [EBMUD]) to make specific written findings for each significant impact
identified in the MMRP. When making the required findings, the agency will also adopt a
program for reporting on or monitoring the changes that it has either required in the
project or made a condition of approval to avoid or substantially lessen significant
environmental effects. These mitigation measures must be fully enforceable through
permit conditions, agreements, or other measures.
Section 15097 was added to the CEQA Guidelines on October 23, 1998. It requires the
public agency to adopt a program for monitoring or reporting on the revisions that it has
required in the project and the measures it has imposed to mitigate or avoid significant
environmental effects. Reporting or monitoring responsibilities may be delegated to
another public agency or private entity. However, until mitigation measures have been
completed, the lead agency remains responsible for ensuring that implementation of the
mitigation measures occurs in accordance with the program.
As the Lead Agency, EBMUD will monitor and report on mitigations for 39th Avenue
Reservoir Replacement Project (project). Reporting generally consists of a written
compliance review by the Regulatory Compliance Division, based on reports prepared
during and at the end of the Design and Construction Phases. Monitoring is generally an
ongoing or periodic process of project oversight, conducted by EBMUD Construction
Division during the Project Construction Phase.
The project's MMRP is comprised of a matrix of impacts and mitigation. For each
significant impact, an action (mitigation measure) is identified along with the timing
requirements for implementation, and designation of EBMUD's work unit responsible for
ensuring that the action occurs. For impacts that are Less than Significant, mitigation is
not required by CEQA. Mitigation for impacts to environmental justice, a social concern,
is also not required under CEQA.
The attached table presents the MMRP for the project.

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Impact being
Mitigated
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
AETHESTICS
Mitigation Measure AES-1:
• Civil and Landscape plans for the 39th
Avenue Reservoir Replacement Project
will be prepared during the Design Phase
that will be consistent with the August
2012 Siegfried Concept Design Process
and Recommendations Report.
• Designers will observe the design intent
of including natural variations in color
and texture for the reservoir roof.
Impact AES-1:
Project
construction will
alter the site's
appearance and
long-term visual
effects.
Design/
Construction
Design
Engineer/
Construction
Inspection
Record of
Engineer/
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA
AIR QUALITY
Mitigation Measure AIR-1: The BAAQMD
"Basic Construction Mitigation Measures" will be
incorporated by EBMUD into the contract
specifications:
• All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two
times per day and/or kept moist with a
permanent mister, type to be determined.
• All haul trucks transporting soil, sand, or
other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet
power vacuum street sweepers at least once
per day. The use of dry power sweeping is
prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 mph.
• Idling times shall be minimized either by
shutting equipment off when not in use or
Impact AIR-1:
Construction
activities would
generate exhaust
emissions from
vehicles/equipment
and fugitive dust
particles that could
affect air quality.
Construction
EBMUD contractc
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
reducing the maximum idling time to 5
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations [CCR]).
• All construction equipment shall be
maintained and properly tuned, in accordance
with manufacturer's specifications. All
equipment shall be checked by a certified
mechanic and determined to be running in
proper condition prior to operation. EBMUD
will request and maintain logs that certify the
proper operating condition of construction
vehicles.
Impact being
Mitigated
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: If site clearing,
demolition, and construction do not commence
between September 1 and January 31, then
preconstruction surveys, for nesting birds should
be conducted by a qualified biologist to ensure
that no nest will be disturbed during project
implementation. This survey shall be conducted
no more than 14 days prior to the initiation of
demolition/construction activities during the early
part of the breeding season (February through
April) and no more than 30 days prior to the
initiation of these activities during the late part of
the breeding season (May through August).
During this survey, the biologist will inspect all
trees and other habitats in and immediately
adjacent to the impact areas for nests.
Impact BIO-1:
Special status plant
or wildlife species
could be
encountered during
the construction of
the reservoir.
Pre-
Construction
EBMUD
Biologist
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA
If an active nest is found sufficiently close to work
areas to be disturbed by these activities, the

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
biologist.in consultation with CDFG, will
determine the extent of a construction-free buffer
zone to be established around the nest to ensure
that no nests of species protected by the Migratory
Bird Treaty Act or State code will be disturbed
during project implementation.
Impact being
Mitigated
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
If active nests of migratory bird species (listed in
the MBTA and/or raptors) are within the project
area or in areas subject to disturbance from project
activities, a no-disturbance buffer will be required
in order to avoid nest disturbance. Avoidance
buffer is based on the nest location, topography,
cover and species' tolerance to disturbance and is
determined by a qualified biologist.
If an avoidance buffer is not achievable, a
qualified biologist will monitor the nest(s) to
document that no take of the nest (nest failure) has
occurred. Active nests cannot be taken or
destroyed under the MBTA and, for raptors, under
the CDFG. If it is determined that construction
activity is resulting in nest disturbance, work
should cease immediately and CDFG should be
contacted.
Use the Corp-verified wetland delineation map to
obtain a permit from the RWQCB if any mapped
feature is impacted the final design of the
proposed project.
Mitigation Measure BIO-2: EBMUD will
minimize the number of trees to be removed
during construction. Approximately 5- 10 trees on
the western embankment will need to be removed
on the western reservoir embankment in order to
install the new inlet/outlet pipeline. All other trees
Impact BIO-2:
Protect coast
redwood trees and
heritage coast live
oak trees that
could be damaged
Design/
Construction
Design
Engineer/
Construction
Inspection
Record of
Engineer/
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
on the site will be preserved. Prior to the start of
any clearing, stockpiling, excavation, compaction,
paving, changes in ground elevation, changes in
construction, retained trees that are adjacent to or
within proposed project construction areas will be
identified and clearly delineated by protective
fencing, which shall remain in place for the
duration of all construction work.
Impact being
Mitigated
or removed during
construction.
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
Mitigation Measure BIO-3: In the event that
impacts to mapped wetland or other waters of the
U.S. are identified, EBMUD will consult with the
Corps, CDFG, and Regional Water Quality
Control Board regarding the most appropriate
assessment and mitigation methods to adequately
address losses to wetland function that could
occur as a result of the project. The appropriate
permits will be obtained and the mitigation
measures outlined within these permits will be
implemented. All mitigation work shall be
authorized by applicable permits and will reduce
potential impacts to Less than Significant.
Impact BIO-3:
Protect wetland
functions that
could be damaged
or removed during
construction
GEOLOGY/SOILS
Mitigation Measure GEO-1: The tank has been
designed to have a setback from known active
traces of the fault and will meet or exceed the
Uniform Building Code and American Water
Works Association standards for foundation
design
Impact GEO-1: :
Facility damage or
service
interruptions
resulting from
strong ground
shaking
Design/
Construction
Design Engineer/
Construction
Inspection
Record of
Engineer/
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
HAZARDS AND HAZARDOUS
MATERIALS
Mitigation Measure HAZ-1: If asbestos-laden
serpentinite rock is encountered during earthwork,
Contractor will be required to obtain an approved
Asbestos Dust Mitigation Plan from the Bay Area
Air Quality Management District prior to trench
excavation.
Impact being
Mitigated
Impact HAZ-1:
Subsurface
investigations at
the site did not
encounter
asbestos-laden
serpentinite
bedrock materials.
However,
asbestos-laden
serpentinite
materials have
occasionally been
encountered during
earthwork in the
East Bay. If
serpentinite rocks
are encountered at
the site, then
earthwork may
disperse dusts
containing
asbestos.
Timing
Requirement
During
Construction
Responsibility
for
Implementation
EBMUD contractc
Responsibility
for
Monitoring
EBMUD
Construction
Inspector
Design Phase
Check Box
Completed by
Date
Construction
Phase
Check Box
Completed by
Date
Post-
Construction
Phase
Check Box
NA
Mitigation Measure HAZ-2: .Following
EBMUD's Best Management Practices (BMPs),
discharge any purged water from the reservoir and
associated pipelines into the sanitary sewer under
local sanitary permit conditions; or dechlorinate
and off-haul to EBMUD's main waste water
treatment plant or District-owned disposal site.
Impact HAZ-2:
Pipelines are dosed
with a highchlorine-level
of
water for
disinfectant
purposes prior to
being placed inservice.
The highchlorine-level
of
During
Construction
EBMUD contract
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Impact being
Mitigated
water is purged
from the pipeline
and can cause
significant
environmental
hazards.
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
NOISE and VIBRATION
Mitigation Measure NOI-I: Day and Hours of
Construction Operations
• Construction activities will be limited to
between 7:00 a.m. and 7:00 p.m. Monday
through Friday, and extreme noise generating
activities greater than 90 dBA will be limited
to between 8:00 a.m. and 4:00 p.m. Monday
through Friday.
• Any construction activity proposed for
special activities outside the standard hours of
7:00 a.m. to 7:00 p.m. (Monday through
Friday) must be approved by EBMUD.
« No extreme noise-generating activities shall
be allowed on Saturdays.
Impacts NOI-1,2,
3 and 4:
Construction
activities
associated with the
project will elevate
noise and vibration
levels near the
project site and
along the truck
route for
short/intermittent
intervals. The
construction period
is estimated at 16
to 18 months.
During
Construction
EBMUD contractc
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA
• No construction activity shall take place on
Sunday or Federal holidays.
• For clarification, construction activities
include but are not limited to: truck idling,
moving equipment (including trucks,
elevators, etc) or materials, deliveries, and
construction meetings held on-site in a nonenclosed
area.
Construction of the
39 th Avenue
Reservoir
Replacement
Project could cause
vibration that
could disturb local
residents and cause
cosmetic damage
to buildings and
structures

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Mitigation Measure NOI-2. Noise Control
Impact being
Mitigated
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
• Equipment and trucks used for project
construction shall utilize the best available
noise control techniques (e.g., improved
mufflers, equipment redesign, use of intake
silencers, ducts, engine enclosures and
acoustically-attenuating shields or shrouds,
wherever feasible).
• Impact tools (e.g., jack hammers, pavement
breakers, and rock drills) used for project
construction shall be hydraulically or
electrically powered wherever possible to
avoid noise associated with compressed air
exhaust from pneumatically powered tools.
However, where use of pneumatic tools is
unavoidable, an exhaust muffler on the
compressed air exhaust shall be used; this
muffler can lower noise levels from the
exhaust by up to about 10 dBA. External
jackets on the tools themselves shall be used
where feasible, and this could achieve a
reduction of 5 dBA. Quieter procedures shall
be used, such as drills rather than impact
equipment, whenever feasible.
• Stationary noise sources shall be located as
far from adjacent residential or sensitive
receptors as possible, and they shall be
muffled and enclosed within temporary
sheds, incorporate insulation barriers, or other
measures to the extent feasible.
• District will install noise and vibration
monitors in the neighborhood, number to be
determined, and record readings as needed to
maintain noise and vibration levels within

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
mitigation limits.
Impact being
Mitigated
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
Mitigation Measure NOI-3. Noise Complaint
Procedures
• Contractor shall provide a procedure and
phone numbers for notifying the EBMUD
staff (during regular construction hours and
off-hours).
• Install a sign posted on-site with permitted
construction days and hours, complaint
procedures and who to notify in the event of a
problem. The sign shall also include a listing
of both the EBMUD staff and construction
contractor's telephone numbers (during
regular construction hours and off-hours).
• The designation of an on-site construction
complaint and enforcement manager for the
project.
Notification of neighbors and occupants
within 300 feet of the project
construction area at least 30 days in
advance of the estimated duration of the
activity; and
A preconstruction meeting shall be held
with EBMUD inspectors and the general
contractor/on-site project manager to
confirm that noise mitigation and
practices (including construction hours,
noise control, neighborhood
notification, posted signs, etc.) are in
place or completed.
• The designation of a Project Liaison for
public contact 24 hours a day, 7 days a week.

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Mitigation Measure NOI-4. Preconstruction
Home Surveys
Impact being
Mitigated
Timing
Requirement
Responsibility Responsibility Construction
for
for Design Phase Phase
Implementation Monitoring Check Box Check Box
Post-
Construction
Phase
Check Box
• To prevent cosmetic or structural damage to
adjacent or nearby structures, EBMUD will
incorporate into contract specifications
restrictions on construction whereby surface
vibration will be limited to no more than 0.5
in/sec PPV, measured at the nearest
residential or other sensitive structure. The
noise control mitigations will also ensure
that impacts are reduced to a Less than
Significant level. In the unlikely and remote
event that the project is demonstrated to
have caused any damage to residences,
compensation shall be provided to repair
any damage caused by the construction.
• With homeowner permission, EBMUD will
conduct pre-construction surveys of homes,
sensitive structures and other areas of
concern within the area of potential effects
due to concrete demolition. During
construction, a Project Liaison will be
assigned to facilitate communication and
expedite claims processing within the legal
framework available to all parties.
TRAFFIC/TRANSPORTATION
Mitigation Measures TRAF-1: EBMUD
contract specifications shall require preparation
and implementation of a Traffic Management
Plan, which shall include the following elements.
• The work hours for each phase of project
construction, the process for notifying
residents of construction activity, and the
means for people to report construction-
Impact TRAF-1:
The addition of
construction
activity traffic
during project
construction would
cause an increase
in traffic on
During
Construction
EBMUD contractc
EBMUD
Construction
Inspector
Completed by
Date
Completed by
Date
NA
10

39TH AVENUE RESERVOIR REPLACEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
related problems.
A haul route will be provided to all trucks
serving the site during the construction
period. The haul route will identify the
schools in the vicinity of the project site,
including the school crossing on Maybelle
Avenue between Masterson Street and Bayou
Street. The map will also indicate the
existence of speed humps on Maybelle
Avenue.
A truck staging area to be used when there is
insufficient space for trucks within the site.
The staging area should be located such that
trucks would not be queued onto the steep
portion of Maybelle Avenue east of Bayo
Street.
A flagger at the MacArthur
Boulevard/Maybelle Avenue intersection to
assist truck turning into and out of Maybelle
Avenue during periods of peak construction
activities, including import fill and site
restoration activities. Construction site to
direct construction vehicles and control
traffic as needed.
Signage on Maybelle Avenue warning
motorist of the construction work ahead and
presence of trucks entering the roadway.
Pre-construction documentation of road
pavement conditions for all routes that would
be used by construction vehicles both before
and after project construction. Roads found
to have been damaged by construction
vehicles shall be repaired to the level at
which they existed prior to project
construction.
Impact being
Mitigated
Maybelle Avenue
by more than the
daily fluctuation of
traffic experienced
on this roadway.
Construction
activities would
reduce roadway
speeds, increase
roadway hazards,
and create
potential conflicts
between transit
buses, pedestrians,
and bicyclists.
Emergency access
would also be
constrained at
project
construction
locations.
Based on the
significance
criteria, this is
considered a
significant impact
if not mitigated.
Timing
Requirement
Responsibility
for
Implementation
Responsibility
for
Monitoring
Design Phase
Check Box
Construction
Phase
Check Box
Post-
Construction
Phase
Check Box
11

\z
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: January 22, 2013
MEMO TO:
Board of Directors
FROM: Alexander R. Coate, General Manager ir^^
SUBJECT:
2012 Interdepartmental Committees Annual Reports
INTRODUCTION
EBMUD Interdepartmental Committees oversee, review, and coordinate issues related to various
District functions. As part of their ongoing duties, these committees report their activities
annually to the General Manager. Below is a list of the 2012 committees and their Chair.
• Art Committee, Susie Wallenstein, Chair
• Consultant Contracts Negotiation Committee, Ed McCormick, Chair
• Contract Equity Advisory Committee, Beverly Johnson, Chair
• Pipe Committee, Alvin Tong, Chair
• Sustainability/Recycling Committee, Eva Lucia, Chair
• Water Quality Committee, Ron Hunsinger, Chair
• Water Resources Committee, Lena Tarn, Chair
The 2012 Annual Committee Reports summarizing the objectives, accomplishments and future work
plans of each committee are attached for your information and review.
ARC:rrj
Attachments (7)

ART COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
Formed in 1993, The EBMUD Art Committee meets quarterly to coordinate the exhibition of local
artists at the District's art gallery located on the 2 nd floor of the Administration Building.
The Art Committee coordinates approximately seven exhibits each year. Three of the exhibits are
coordinated in conjunction with the month-long celebrations of Hispanic Heritage, Black History and
Asian American Heritage. On alternate years, one of the regular exhibits showcases the creations of
EBMUD employees.
Additionally, the Art Committee sponsors an annual Arts and Craft Fair highlighting the crafts produced
by EBMUD employees and retirees. This year 19 artists participated by exhibiting and selling their
crafts, which included specialty chocolates, wearable art, and artwork. The event was well attended and
enjoyed by District personnel and the public alike.
This year charter Art Committee member Katherine Parker, and long-term legal advisor Veronica
Fauntleroy both retired from the District. The Committee is working with the Office of General Counsel
to determine who will be the new legal advisor, and is seeking new members of the Committee to
replace Katherine and other members who may be leaving the committee soon.
Each of the 7-week long art exhibits is coordinated by one or two committee members with support
from the entire committee. Responsibility for coordination is distributed amongst committee members
so that each member works on one or two shows per year. Committee members are responsible for:
• Attendance at quarterly meetings where art work is selected and scheduled, ideas for new shows arc
generated, and committee procedures and policies are discussed.
• Seeking out artists, reviewing submitted art work, and communicating with artists and local art
groups.
• Assuring that guidelines for the exhibits are provided to the artists, arranging legal agreements and
protecting EBMUD from inappropriate liabilities.
• Coordinating design of invitations, artist statements, exhibit labels and podium materials. Postcard
invitations to the exhibit and reception are provided to the artist, and are mailed to several news and
community organizations.
• Coordinating delivery, hanging and taking down of art exhibits (sometimes from multiple artists).
• Publicizing the shows in the LOG, through District email and intranet, and through mailings.
• Coordinating, hosting and arranging refreshments for artist receptions.
2012 Accomplishments
As in previous years, the 2012 exhibits provided opportunities to a widely diverse group of artists of
different ages, ethnicities and genders and provided positive community engagement for the District.
The following is a summary of the 2012 art exhibits.

Art Committee Annual Report - 2012
January 22, 2013
Page 2
a
February 2 - March 23,2012: Bay Area artists, Marlon Ingram, Keba Konte, and Viviana
Renella showcased very diverse bodies of work infusing acrylic on raw canvas, photography
to wood transfer, and a frozen flower series. Although each artist displayed a very unique art
form, the exhibit collectively captured each artist's own rendering of the beauty that can be
found within the human spirit and the nature that surrounds us. The curator for this exhibit
was Charmin Baaqee, assisted by Katherine Parker.
" March 29 - May 11, 2012: The work of Angie Villegas graced the gallery walls in this period.
Angie's work celebrated local sports players, appealing to a wide audience of sports enthusiasts.
Rema Randle-Jones curated this show.
m
May 17 - July 6, 2012: In collaboration with Asian Pacific Month, artist Aphra Pia shared a glimpse
into the lives and customs of an ancient civilization while traveling on the Silk Road in Turkey and
Uyghur. Her photographs focused on Cappadocia in Turkey (the West end) and Uyghur people on
the East end. Vinella Garcia and Bill Jeng curated the exhibit.
• July 12 - August 31, 2012: The Golden Gate Weavers Guild presented "Weaving on the Wall:
Recycled and New Fibers". This show combined a wide variety of weaving styles and materials to
showcase the artistry in all of the works. The exhibit was curated by Catherine Anderson.
• September 6 - October 26, 2012: This year's Hispanic Heritage Month exhibit featured the work of
Margo Rivera Weiss, who focused on fruits and vegetables grown in or widely enjoyed in Hispanic
communities around the world. The reception event featured tasting of several types of fruit that
were featured in the exhibit. Susie Wallenstein curated the exhibit.
• November 1 - December 12, 2012: The highly colored abstract paintings of artist Eric Niemann
rounded out the calendar this year. Widely exhibited in the East Bay, these urbane paintings brought
a note of sophistication to the gallery space. Rema Randle-Jones curated this exhibit.
2013 Work Plan
The exhibit schedule is currently full through mid-2014. Committee members will continue to review
submissions by artists and schedule future shows.
Committee Composition
Katherine Aldaz, Senior HR Analyst
Catherine Anderson, Mtls Testing Supervisor
Veronica Fauntleroy (retired)
Vinella Garcia, Word Processing Specialist II
Bill Jeng, Associate Civil Engineer
Katherine Parker (retired)
Rema Randle-Jones, Assistant to the GM
Charmin Roundtree-Baaqee, Assistant Engineer
Todd Salerno, Senior Graphic Designer
Joey Smith, Janitor Supervisor
Susie Wallenstein, Assoc. Civil Engr, Chair

CONSULTANT CONTRACT NEGOTIATIONS COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
The Consultant Contract Negotiations Committee (CCNC) was formed in 1999 to coordinate
District-wide engineering consultant procurement and contracting practices. The CCNC's
purpose is to develop and implement District-wide practices for cost-effective engineering
consultant contracting. Development and implementation support of the Engineering Consultant
Roster (ECR) process is one of the primary responsibilities of the CCNC. Providing support for
the as-needed training of project managers in procuring, negotiating and administering consultant
contracts is another area of focus for the committee.
The CCNC meets on an ad hoc basis to coordinate implementation of the FY12-13 District-wide
ECR and plan for the development of the FY13-14 ECR. The committee will continue to focus
on improving Contract Equity Program (CEP) performance in 2013, particularly the percentage
of work contracted to ethnic minority firms. District compliance with guidelines for consultant
contract fees, mark-up and multipliers has become routine over the past several years.
2012 Accomplishments
• Successfully implemented the FY12-13 ECR, under the direction of committee member
and Roster Manager Beverly Johnson. The 2012 CEP performance for White Women
Owned firm percentage totaled 8%, exceeding the District's goal of 6%. The 2012 CEP
performance for Ethnic Minority Owned firm percentage totaled 12%, a vast
improvement over the 0% result in 2011.
• Successfully contracted out 76% of contracted work to Local Businesses, including 27%
to Local Small Businesses.
• Provided high quality, specialized CEQA training to District project managers.
• Continued tracking and updating of the Consultant Agreement Spreadsheet History
document. The District has complied with the guidelines for consultant contract fees,
markups and total multipliers for the past 15 years.
2013 Work Plan
In 2013, the Committee has four primary goals, as follows:
1. Lead the effective development and implementation of the FY14-15 ECR, to help ensure
that ECR usage is optimized by project managers and that CEP, and Local and Local Small
Business performance meets District objectives.

Consultant Contract Negotiations Committee Annual Report - 2012
January 22, 2013
Page 2
2. Improve CEP performance on ECR contracts (2012 actual percentages were 12% ethnic
minority and 8% white women-owned firms, compared to the District CEP objectives of
25% and 6%, respectively). Staff will seek to continue to significantly improve performance
for ethnic minority firms, to whom 12% was contracted.
3. Maintain the high percentage of District-wide ECR-eligible contracts that utilize the ECR.
District Project Managers used the ECR for 16 (80%) of 20 ECR-eligible contracts in 2012.
The ECR usage percentage increased from 71% in 2011.
4. Continue to back-burner the development of an advanced, hands-on District-wide CEP and
contracting training course that will include a module on professional services contract
negotiations guidelines. This training course, which has been deferred since 2011 due to
hiring freeze and budgetary issues, does not appear to be needed over the next two years.
Committee Composition
Andrew Akelman, Administration Department
Mike Ambrose, O&M Department
Helen Argyres, Administration Department
Joel Freid, Legal Department
Marcell Hall, Water and Natural Resources Department
Beverly Johnson, Administration Department
Ed McCormick, Wastewater Department
Dave Pratt, Engineering and Construction Department
Michael Tognolini, Water Resources Department

INTERNAL CONTRACT EQUITY ADVISORY COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
The Internal Contract Equity (CE) Advisory Committee was organized in 1990 to increase the
effectiveness of the District's contracting diversity program by eliciting District-wide input and
support in monitoring the program's effectiveness and providing department feedback on
recommended program and reporting enhancements.
The Committee convenes bi-annually to address contracting issues and/or other agencies
contracting diversity initiatives that could impact (positive or negative) the District's CE
program and the local business community.
2012 Accomplishments
1. The outreach activities including development of the following targeted business forums:
• Public Works Prevailing Wage
• Construction Business
2. Creation of the following:
• Contracting Out Process Flow Chart
• Supplemental Contract Equity Participating Reports which provides greater detail of
each departments' contracting activities by providing the name of the contractor, the
purchase order amount and a brief description along with CE tracking categories for
the firm (local, small and availability group)
2013 Work Plan
The Committee will continue to review, monitor, and make recommendations on reaching the
District's goal of 50% small business participation for contract awards of $70,000 or less, for
reaching all three contracting objectives and for increasing local hiring on District construction
projects.
Committee Composition
Beverly Johnson, Chair. Administration
David Pratt, Engineering Department
Rema Jones, Office of the General Manager
Andrew Akelman, Finance Department
Tom Polzak (retired)
Edward McCormick, Wastewater Department
Joel Freid, Legal Department
Xanthe Berry, Legal Department
Marcia Schnapp, O&M Department
David Bruzzone, WNR Department

PIPE COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
The purpose of the Pipe Committee is to establish and maintain standards, specifications,
procedures and practices related to the wide range of matters involving water and reclaimed
water distribution system pipelines, appurtenances and meters. This summary report describes
the Committee's accomplishments in 2012 and goals for 2013.
2012 Accomplishments
Pipe Materials and Appurtenances - The Committee is utilized as a venue to resolve unusual
issues that arise during the procurement, storage and installation of pipe materials and
appurtenances. Issues that were discussed and resolved by the Committee during 2012 include:
requiring shop fabricated rather than field fabricated fitting/bends on large diameter pipeline
installations; requiring NSF 61 approved gasket materials for use on fire hydrant installations;
standardizing on field assembled skirted valves rather than shop assembly; developing new
standard drawings for meter lid lifting hooks used by meter readers; developing standard
drawings for multi-meter vaults used for service to new multi-family dwellings; developing new
standard drawings for manhole covers and developing new standard drawing for air valve
installations.
New Pipe Materials Fitting and Repair Methods - The Committee continued to resolve issues
and update standards associated with High Density Polyethylene (HDPE), a relatively new
pipeline material used at the District. The Committee approved revisions to HDPE standard
drawings (i.e. showing use of molded fittings and adding repair details) and developed an
inventory of HDPE materials to be stored at Oakport for new installations and repairs. Oakport
has started stocking HDPE pipe and fittings. Also, the committee reviewed changes in AWWA
standards for PVC pipe and updated purchase specifications for PVC pipe.
Investigation of Product Deficiencies - The Committee participated in ongoing investigations of
potential deficiencies observed in materials in the distribution system. The primary investigation
included a study on the pH rise detected in recently installed mortar-lined, steel pipe.
New Pipe Installation Technologies - Several committee members participated in a pilot study
on pipeline installation technologies that are less disruptive for communities than traditional
open cut methods. A final report on the pilot study was completed and issued to staff in May
2012. The study recommended implementation of horizontal directional drilling with HDPE pipe
by District crews in fiscal year 2013.

Pipe Committee Annual Report
January 22, 2013
Page 2
Trench Paving — Several committee members continued to represent the District on a regional
Utility Coalition. The Utility Coalition established an East Bay area-wide standard for restoring
paving after a utility excavates in a street. The standard is being implemented in various east bay
cities. As part of the Coalition effort, the District continued to sponsor training sessions for
utilities and agencies on a GIS based, project tracking system (i.e. "Work in Streets") to facilitate
exchange of project plans between coalition utilities and cities.
The Committee is chartered to meet approximately every two months. In 2012, four meetings
were conducted in February, April, May, and October. Meeting minutes have been placed on
DOX (Keyword search: Pipe Committee).
2013 Work Plan
The Pipe Committee will continue to be the primary forum for information distribution and
discussion of issues related to matters involving distribution system pipelines and appurtenances.
It will continue to review and update standards, procedures, specifications and practices as the
need arises during 2013.
Committee Composition
Andy Akelman
Dave Bailey
Denis Carroll
Christopher Dodge
Leann Gustafson
Laura Johnson
Steve Kachur
Phil Kohne
Mark Muller
David Rehnstrom
Serge Terentieff
Alvin Tong
Manager of Purchasing
Senior Mechanical Engineer
Supervising Construction Inspector
Senior Civil Engineer
Manager of Distribution Maintenance and Construction
Manager of Pipeline Construction and Equipment
Superintendent Water Distribution
Manager of Facilities Maintenance Construction
Supervising Construction Inspector (retired)
Senior Civil Engineer
Senior Civil Engineer
Manager of Pipeline Infrastructure (Chair)

SUSTAINABILITY/RECYCLING COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
The purpose of the Sustainability/Recycling Committee is to foster sustainable projects, educate
employees about sustainable practices, and assist District work groups to develop and expand
their Reduction, Recycling, Reuse, and Reclamation (RRRR) efforts. Such RRRR efforts
exemplify the District's approach toward promoting the District's sustainability policy and
supporting its mission "... to preserve and protect the environment for future generations". This
committee is an integral part of the District's strategic plan for Water Quality and Environmental
Protection goals by promoting reduction of pollutants at the source and implementing waste
reduction, recycling, reuse, and reclamation programs. The Committee's and the District's
RRRR efforts have also been important in assisting Bay Area cities and counties to achieve statemandated
reductions in the quantities of solid wastes disposed within landfills.
Several Sustainability/Recycling Committee meetings were held during 2012 to plan and execute
Earth Day Fair's week-long activities April 23-27, and to plan and execute the District-wide
Clean Up week July 16-20. The Sustainability/Recycling Committee's efforts continued to
address the District's goals by emphasizing to District employees that their resource conservation
and waste reduction efforts are important and by providing continuing education concerning
sustainable practices that all employees can apply at work and home.
2012 Accomplishments
• Committee members continued to implement the new composting program and updated
recycling program at the Administration Building, Adeline Maintenance Center campus
and the Main Wastewater Treatment Plant. Green compost and blue recycling cans were
added in the break rooms and other strategic areas throughout each of the facilities.
Currently, waste diversion from landfill to compost and recycling is 65% at the
Administration Building. With continued staff education, the Committee anticipates that
this number could increase further.
• The Committee planned and held its 13 th Annual Earth Day Event on April 26, 2012 and
sent out educational quizzes and information to staff the week of April 23-27. Exhibitors
at this well-attended event included 5 District workgroups and 15 non-District
organizations. Many positive comments were received from District staff and
participants.
• The Committee planned and held the District-wide Clean-up Event on July 16-20. The
goals of this event were to do the following:
- Implement the new Records Retention Schedule
- Delete unnecessary emails and electronic files
- Purge office papers and files by recycling

Sustainability/Recycling Committee Annual Report - 2012
January 22,2013
Page 2
- Send only appropriate records to long-term storage
- Surplus old non-working equipment, supplies, and materials.
The District successfully cleaned up the following:
- E-mail deleted to free up server space
- Recycled papers in fourteen 96-gallon toters equaling 12,000 pounds (6 tons) of
paper
- Shredded another 12,000 pounds of paper
- Sent 134 boxes to long-term storage freeing up storage space in the offices
- Recycled 351 pounds of e-waste
- Recycled 30 tons of concrete pipe that had been left over from the drought in the
1970's and for which the District was paid $17,500 for scrap metal.
The District-wide Clean-up will continue to occur on a bi-annual basis.
• The Committee continued to manage the e-waste collection program it initiated in
2006-2007 by providing and managing collection containers for the year-round collection
and recycling of e-waste (e.g., cell phones, storage media, pagers, PDAs, etc.) at the
Admin Building, Adeline Maintenance Center and Main Wastewater Treatment Plant.
• The Committee published five District LOG articles, several email notices and
educational quizzes that provided information about Sustainable issues, including Earth
Day events, District Clean-Up benefits, and bike to work activities.
2013 Work Plan
• Identify a new committee chair, with the retirement of Eva Lucia.
• Consistent with Sustainability Policy 7.05, continue to develop strategies for fostering
sustainable projects/programs and educating employees about sustainable practices.
• Continue efforts to support various District work groups to achieve the RRRR Business
Plan objectives for non-renewable resource and waste reduction, recycling, reuse, and
reclamation.
• Organize the 14 th annual Earth Day events in April 2013.
• Continue to audit RRRR practices at District facilities and recommend improvements.
• Continue to work with ISD and Purchasing to educate employees about e-waste
reduction/recycling and paper conservation and printer cost reduction issues.
• Continue to publish District LOG Green Corner articles to provide continuing education
to staff on non-renewable resource and waste reduction, energy conservation, alternative
commuter options, GHG emissions reduction, and recycling issues.
• Continue to educate staff on the use of the Sustainable Purchasing Guidelines in brown
bag seminars, staff meetings, LOG Green Corner articles, e-mails, etc.
• Coordinate with staff on Pollution Prevention week activities in September 2013.

Sustainability/Recycling Committee Annual Report - 2012
January 22, 2013
Page 3
Committee Composition
Cynthia Adkisson, Environmental Compliance Section
Michael Ambrose, Regulatory Compliance Office
Ike Bell, Wastewater Treatment Division
Elizabeth Bialek, Engineering Services Division
Charles Bohlig, Water Conservation Division
Patrick Cho, Data Center Division
Sara Cleveland, New Business Office Division
Vincent Flores, Wastewater Treatment Division
Lorena Girardin, Regulatory Compliance Office
Dennis Kreiden-Karaim, Engineering Services Division
Eva Lucia, Engineering Services Division (Chair, retired)
Antonio Martinez, Distribution Maintenance and Construction Division
Kathleen Morris, Purchasing Division (retired)
Virginia Northrop, Local Watershed & Recreation Division
Ed Ostrowski, Workplace Health and Safety Section
Lionel Reynolds, Facilities and Maintenance Construction Division
John Schroeter, Regulatory Compliance Division
Joey Smith, Facilities Maintenance and Construction Division
Tara Sweet, Water Distribution Planning Division
Richard Sykes, Water and Natural Resources Department

WATER QUALITY COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
• Review, oversee, and coordinate the District's drinking water quality program.
• Promote the efficient collection, management, and use of water quality information.
B
Promote distribution of water quality information throughout the District.
• Ensure, review, and comment on legislation and regulations affecting drinking water.
a
Recommend appropriate actions as needed to respond to drinking water quality issues.
2012 Accomplishments
» Committee Activities
• Twelve meetings were held in 2012.
• Minutes were recorded and distributed.
• Legislation/Regulation
• The Water Quality Committee maintained an overview of water quality legislation and
regulation by providing comments and recommendations, where appropriate.
Legislative activities in 2012 included the analysis of two State Assembly bills dealing
with water treatment devices. Regulatory activities in 2012 included providing
comments to the EPA on proposed revisions that would modify Consumer Confidence
Report (CCR) distribution requirements. Committee members also completed
preparations for the Unregulated Contaminant Monitoring Rule 3 (UCMR3). Staff
participated in the USEPA Science Advisory Board and on the National Sanitation
Foundation International's Joint Drinking Water Advisory Committee responsible for
NSF/ANSI Standards 60 and 61.
• The Committee reviewed and provided comment on regulatory activities by the State
Water Resources Control Board and the California Office of Environmental Health
Hazard Assessment.
• Water Quality Strategic Direction
• The Committee reviewed and revised the FY12 water quality goals. The goals are
significantly more stringent than the regulatory requirements.
• In 2012, the Committee monitored 122 water quality parameters. These parameters
included all regulated contaminants, as well as treatment techniques, emerging
contaminants, and customer expectations. Water quality updates to the Board of
Directors occurred in February and October.
- The Committee reviewed all water quality monitoring programs in the District as well
as key parameters on a monthly basis.
• The Committee continues to track the Centers for Disease Control/USEPA efforts to
revise policy and procedures that cover the practice of fluoridation.

Water Quality Committee Annual Report - 2012
January 22, 2013
Page 2
• Emerging Contaminants
• The Committee continually reviews and monitors research and public policy
development pertaining to contaminants such as chromium VI, chlorate, perchlorate,
endocrine disrupting compounds, pharmaceuticals and personal care products, and
NDMA. Committee members served on state and national committees involving
specific contaminants and the general approach to dealing with emerging
contaminants.
• Research
• The Committee chair acted as District liaison to the Water Research Foundation
(WaterRF).
" Committee members participated in WaterRF research project technical advisory
committees.
• Committee members also participate in Focus Area Groups responsible for developing
the individual project RFPs.
• The Committee reviewed in-house studies on NDMA and trihalomethane formation
from study plan phases to final reports.
• Outreach
• The Committee sponsored numerous webcasts to keep staff abreast of new
developments.
2013 Work Plan
In 2013, the Committee will continue to meet monthly to review, oversee, and coordinate the
District's drinking water quality program. This will include:
• Review of District water quality policies and programs in source, treatment, and
distribution, especially as it relates to the incorporation of water quality goals into District
policies and program.
• Advocacy for sound science in proposed legislation and regulation.
• Oversight of current and long-term emerging contaminant issues.
• Implementation of a long-term plan for coordination and promotion of water quality
research.
• Outreach to District staff and the water industry in general.

Water Quality Committee Annual Report - 2012
January 22, 2013
Page 3
Committee Composition
Ronald Hunsinger, Manager of Water Quality, (Chair, retired)
Richard Sakaji, Manager, Regulatory Planning and Analysis (Vice-chair)
Nirmela Arsem, Manager of Laboratory Services
Michael Ambrose, Manager Regulatory Compliance
Clifford Chan, Manager of Water Treatment and Distribution
Andrew Enos, Superintendent of Aqueduct
Scott Hill, Manager, Watershed and Recreation
John Hurlburt, Manager of Water Supply
William Kirkpatrick, Manager of Water Distribution Planning
Hubert Lai, Supervisor, Operations Engineering
Cheryl McBain, Supervisor System Water Quality
John Schroeter, Manager of Environmental Compliance
James Smith, Superintendent of Water Treatment
Susan Teefy, Superintendent of Water Treatment

WATER RESOURCES COMMITTEE
ANNUAL REPORT - 2012
Committee Purpose
The Water Resources Committee (WRC) coordinates and clarifies District responses to emerging
water resources issues to advance District policies in a comprehensive and effective manner.
2012 Accomplishments
In 2012, WRC continued to focus on activities related to the District's petition to extend its
Permit 10478 to 2040. The Permit Extension Team, consisting of staff from the Department of
Water and Natural Resources, Operations, and the Office of General Counsel, continued to meet
on a monthly basis to develop strategies and address emerging issues related to the extension
petition. District staff worked with the State Water Resource Control Board (SWRCB) staff to
address issues related to the permit extension. Staff consulted with SWRCB staff regarding the
environmental document and obtained their input on the description of the project, baseline and
alternatives analysis. In December, staff provided draft ADEIR Chapters 1 and 2 to SWRCB
staff for their initial review and comment. Staff plans to complete the administrative draft and
release to the SWRCB and the resource agencies in early 2013 and publish the draft
environmental report in spring 2013.
Staff also coordinated with SWRCB staff regarding the filing and processing of "clean-up"
change petitions to ensure that the permits and licenses issued by the SWRCB for the
Mokelumne River facilities accurately reflect EBMUD's existing municipal and hydroelectric
operations and current service area boundary. EBMUD filed six clean-up change petitions and a
water rights position paper to support those petitions.
The Committee also led efforts on several activities:
• Obtained acceptance of the Water Management Plan (WMP) by US Bureau of Reclamation.
The WMP, a requirement associated with EBMUD's Central Valley Project contract, is
submitted every 5 years. It was adopted by EBMUD Board on April 10 th posted in the Federal
Register on October 22 nd with public comments due by November 21 st . No significant
comments were submitted and the WMP was deemed complete by USBR.
• Reviewed and submitted comments on drafts of the Delta Stewardship Council's Delta Plan as
well as the Draft Programmatic EER. to ensure that recommended actions are consistent with
EBMUD's water rights and resources.
• Tracked and attended SWRCB workshops to consider modifying the Sacramento-San
Francisco Bay-Delta Water Quality Control Plan (WQCP) as part of its triennial review.
Submitted comment letter raising EBMUD's concerns about co-equal goals, using best
available science and offering modeling assistance.

Water Resources Committee Annual Report - 2012
January 22, 2013
Page 2
• Met with Department of Fish Game (now Department of Fish and Wildlife) to discuss
Mokelumne River Water Resources, the Permit extension, and the WQCP, to keep them
informed of EBMUD's activities on the Mokelumne River and the Bay Delta.
• Co-authored the Water Supply Reliability Report published on Sept 10, 2012. This was
through participation in the Urban Water Resources Planning Committee of CUWA.
• Conducted Mokelumne tours for two new State Water Board members.
The WRC ensured that the District's response to these issues were effective and consistent
throughout departmental lines. Additionally, the WRC adjusted the District's strategies and
responses to these issues as necessitated by changing conditions.
2013 Work Plan
During 2013, staff expects to complete the environmental documentation for the extension
petition and expert testimony for a SWRCB hearing during the fall. Staff will also continue to
coordinate District responses to Mokelumne and Bay Delta emerging water resource issues.
Strategic responses continue to be guided by the principle that a balanced approach to allocation
of California's water resources, to meet both environmental and water supply needs is
fundamental to the District's mission.
Committee Composition
Alex Coate, General Manager
Jylana Collins, General Counsel
Karen Donovan, Attorney III
Fred Etheridge, Attorney III
Craig Spencer, Assistant General Counsel
Richard Sykes, Director of Water and Natural Resources
Lena Tarn, Engineering Manager
Ana Ulloa, Senior Civil Engineer
Mike Wallis, Director of Operations and Maintenance
Eileen White, Manager of Operations and Maintenance

EAST BAY MUNICIPAL UTILITY DISTRICT
II
DATE: January 17, 2013
MEMO TO:
Board of Directors
THROUGH: Alexander R. Coate, General Manager l\r^.,
FROM:
Lynelle M. Lewis, Secretary of the Distek
SUBJECT: Planning Committee Minutes - January^, 2013
Chair Doug Linney called to order the Planning Committee at 9:45 a.m. in the Training
Resource Center. Directors Lesa R. Mclntosh and Katy Foulkes were present at roll call. Staff
present included: General Manager Alexander R. Coate, General Counsel Jylana Collins,
Director of Operations and Maintenance Michael J. Wallis, Director of Engineering and
Construction Xavier J. Mas, Senior Civil Engineer David J Rehnstrom, 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. None.
Diablo Vista Pumping Plant Replacement Update. Senior Civil Engineer David J. Rehnstrom
presented a status update on the project and a schedule for consideration of the Mitigated
Negative Declaration (MND) for the project. He reported that a final land exchange agreement
has been completed and is scheduled to be considered for approval by the Lafayette City Council
on January 14. Next he reported on the three public outreach meetings and the presentation to the
City's Design Review Commission. He noted that the architectural and landscape plans were
updated to incorporate comments from both the Commission and public outreach meetings.
Mr. Rehnstrom said that public review of the MND started on November 16, 2012 and ended
on December 17, 2012 and staff received no comments on the project. The EBMUD Board is
scheduled to consider adoption of the MND and approval of the land exchange agreement at its
meeting of January 22, 2013. Design will begin in 2013 and construction will start in 2014 and
take approximately two years. The Committee raised no questions.
Orinda Water Treatment Plant NPDES Permit. Manager of Regulatory Compliance
Michael R. Ambrose reported on the development of a tentative order to amend the Orinda
Water Treatment Plant (WTP) NPDES permit. He said that the Orinda WTP routinely
discharges water into San Pablo Creek and these discharges are unable to meet the
dichlorobromomethane (DCBM) effluent limitation specified by the General NPDES Permit.
Consequently, staff negotiated the permit with the San Francisco Regional Water Quality
Board (SFRWQB) for an Individual NPDES Permit and Cease and Desist Order (CDO), which
are effective until November 30,2014.

Board of Directors
Planning Committee Minutes of January 8, 2013
January 17, 2013
Mr. Ambrose said that the tentative order amends the NPDES permit to replace the
DCBM limitations with revised limitations based on the mixing zone and dilution credit
study. The CDO would no longer be necessary because the District can comply with the
revised DCBM limitations. The Regional Board will consider the tentative order for
approval at its February 13, 2013 meeting. The Committee raised no questions.
Adjournment. Chair Linney adjourned the meeting at 10:04 a.m.
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EAST BAY MUNICIPAL UTILITY DISTRICT
\H
DATE: January 17, 2013
MEMO TO:
Board of Directors
THROUGH: Alexander R. Coate, General Manager K ^
FROM:
Lynelle M. Lewis, Secretary of the District-^^^^2—
SUBJECT: Legislative/Human Resources Committee Minutes - January 8,2013
Chair Lesa R. Mclntosh called to order the Legislative/Human Resources Committee at 10:15 a.m.
in the Training Resource Center. Director Frank Mellon was present at roll call and Director Andy
Katz arrived at 10:17 a.m.. Staff present included: General Manager Alexander R. Coate, General
Counsel Jylana Collins, Director of Engineering and Construction Xavier J. Mas, Special Assistants
to the General Manager Marlaigne K. Dumaine and Cheryl A. Farr, and Secretary of the District
Lynelle M. Lewis.
Public Comment None.
Policy on Project Labor Agreements (PLAs). Director of Engineering and Construction Xavier J.
Idas reported that staff had developed final draft language for the new PLAs policy, incorporating
clarifications that staff will make a recommendation to the Board after determining whether analysis
should be performed for a PLA and including language regarding quality assurance, coordinating with
master labor agreements, and endeavoring to consider the benefits of local hiring. There was
discussion about the contract value threshold and the Committee recommended that staff clarify the
$25 million threshold to say, "including labor and materials" and then have the PLA policy draft
review completed per standard process (departmental and union review followed by
Finance/Administration Committee review prior to consideration by the full Board). The Committee
concurred with the policy language as presented with the one recommended noted modification.
Legislative Report. Special Assistant to the General Manager Marlaigne K. Dumaine reported that the
113 Congress convenes this month and that there will be great focus on the budget and debt ceiling.
She said that in addition to the fiscal issues, congress' domestic policy agenda is likely to be
comprised of issues of interest to EBMUD including infrastructure and the Sacramento-San Joaquin
Delta. Next, Ms. Dumaine highlighted EBMUD's 2013 federal legislative initiatives which include:
1) Seek federal funding opportunities for infrastructure projects via any new federal programs which
may be developed and any existing programs; 2) Continue to seek federal funding for EBMUD's three
WRDA authorized projects - the San Ramon Valley Recycled Water Project, the Integrated Regional
Recycled Water Program, and the Bay Area Regional Desalination Project; 3) Continue to pursue new
WRDA funding authorizations for EBMUD's seismic program and the San Ramon Valley Recycled
Water Project; and 4) Advance EBMUD's Bay Delta needs with its federal delegation. Ms. Dumaine
said that staff will work with EBMUD's delegation to provide input on the Draft Environmental
Impact Report for the Bay Delta Conservation Plan (BDCP). It was moved, seconded and
unanimously carried to forward the recommended 2013 federal initiatives to the full Board.
Adjournment. Director Mclntosh adjourned the meeting at 10:40 a.m.
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