Staff Reports - East Bay Municipal Utility District

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