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C. 25
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: May  9, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Amendment No. 2 of the East County Water Management Association Agreement

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   05/09/2023
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Ryan Hernandez, 925-655-2919
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     May  9, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

  1. APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute, on behalf of the Contra Costa County Water Agency (Water Agency), Amendment No. 2 of the East County Water Management Association (“ECWMA”) Agreement.

  2.   

  3. DESIGNATE the Director of Conservation and Development to act as the Water Agency’s Manager representative when the supervisor and/or alternate are unavailable, as authorized by Amendment No. 2.


FISCAL IMPACT:

The Water Agency pays annual dues to the ECWMA, currently in the amount of up to $500 per year. Dues may be used at the discretion of the members for costs such as meeting administration and food, grant applications, consultant services, or other activities as agreed upon by the parties. This amount has periodically been reduced or waived depending on the activities of the association. No additional fiscal impact is anticipated as a result of Amendment No. 2 to the ECWMA Agreement.

BACKGROUND:

The East County Water Management Association (ECWMA) was established in 1997 by East Contra Costa County water agencies to facilitate coordination, cooperation, and education between member agencies regarding matters affecting the region’s water supplies, and to implement the recommendations in a 1996 Phase II East County Water Supply Management Study that was commissioned by the members of the association. Since the ECWMA Agreement was executed in 1997, it has been amended once to add and redefine member agencies and to establish a governance structure for the Integrated Regional Water Management Program, through which the County and ECWMA agencies have and continue to receive grant funding. The ECWMA has proposed Amendment No. 2 for the Board’s approval that will add and correct member agencies, remove inconsistent administrative clauses, provide a more streamlined method of adding new members, and allow agency managers to vote as alternates of Governing Board Representatives.  

Functionally, the amendment will: 1) add the Bethel Island Municipal Improvement District as a party to the ECWMA Agreement; 2) change the party name “Contra Costa County,” used in Amendment No. 1, back to “Contra Costa County Water Agency” because the name change was in error; 3) amend ECWMA’s administrative procedures; 4) provide a procedure for adding new members; and 5) authorize each member agency to designate a Manager to act as an alternate of the Governing Board Representative, who may vote on behalf of the member agency in the absence of the Governing Board Representative. These amendments are recommended and reflected (in italics) in Amendment No. 2. Per the ECWMA Agreement, the agreement may only be amended with unanimous written approval by all member agencies.  
  
Staff recommends the Board approve Amendment No. 2 of the East County Water Management Association Agreement.

CONSEQUENCE OF NEGATIVE ACTION:

Should this amendment not be adopted, the East County Water Management Association will be unable to add and redefine member agencies and member agencies will not be able to be represented by a Manager.

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