HomeMy WebLinkAboutReso 149-02 DSRSD MOU WaterLiti RESOLUTION NO. 149 - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
REGARDING COOPERATIVE IMPLEMENTATION OF AGREEMENT
TO SETTLE WATER LITIGATION
WHEREAS, City Council of the City of Dublin has been presented with a proposed First
Amendment to Memorandum of Understanding Regarding Cooperative Implementation of Agreement to
Settle Water Litigation; and
WHEREAS, the City Manager has recommended approval of said agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the First Amendment to Memorandum of Understanding regarding Cooperative Implementation of
Agreement to Settle Water Litigation, which is attached hereto as Exhibit A, and authorizes and directs the
Mayor to sign said agreement.
PASSED, APPROVED, AND ADOPTED this 6th day of August, 2002, by the following vote:
AVES: Councilmembers McCormick, Oravetz and Sbranti and Mayor Lockhart
NOES: None
ABSENT: Councilmember Zika
ABSTAIN: None
*~Mayor '
K/G/8-6-02/reso-dsrsdag~nt.doc
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FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
REGARDING COOPERATIVE IMPLEMENTATION OF
AGREEMENT TO SETTLE WATER LITIGATION
THIS FIRST AMENDMENT to the MEMORANDUM OF UNDERSTANDING
REGARDING COOPERATIVE iMPLEMENTATION OF AGREEMENT TO SETTLE
WATER LITIGATION, between the Dublin San Ramon Services District ("District") and
the City of Dublin ("City") as of December 21, 1999, is entered into as of August 6,
2002.
WHEREAS, on this same date the District has entered into an agreement with
the City of Livermore entitled "THE TRI-VALLEY WATER RETAILERS COOPERATION
AGREEMENT," and
WHEREAS, the District and City desire to continue their established practice of
efficient and coordinated land use and water service planning efforts for the areas within
the City's territorial limits and those areas which the City's General Plan has included
within the City's "planning area," and
WHEREAS, it is important to both the District and the City that District's efforts
under THE TRI-VALLEY WATER RETAILERS COOPERATION AGREEMENT are
carried out in a manner that does not adversely affect or unduly delay the City's land
use planning process and implementation of the City's adopted General Plan and
specific plans, including the Eastern Dublin Specific Plan.
NOW, THEREFORE, the District and City agree to amend the MEMORANDUM
OF UNDERSTANDING REGARDING COOPERATIVE IMPLEMENTATION OF
AGREEMENT TO SETTLE WATER LITIGATION as follows:
A new Section 6 is added to read as follows:
"6. Cooperation Reqarding Tri-Valley Water Retailers Cooperation
A,qreement. In order to facilitate coordinated land use and water service
planning, District shall keep City informed throughout District's
participation in the Committee of Valley Water Retailers ("CoVWR") whi.ch
is described in SectiOn 7 of THE TRI-VALLEY WATER RETAILERS
COOPERATION AGREEMENT. In furtherance of the foregoing:
(a) District will timely apprise City of matters which District
anticipates will be considered in the Annual Report described in Section
5.d of THE TRI-VALLEY WATER RETAILERS COOPERATION
AGREEMENT and provide City the opportunity to have input to the District
into those matters which may affect the City's interest as the land use
planning agency for the areas within the City's "planning area" as
described in its General Plan; and
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(b) Prior to the CoVWR's consideration of the Annual Report, as
described in Section 7.c of THE TRI-VALLEY WATER RETAILERS
COOPERATION AGREEMENT, District will provide City the opportunity to
provide input to the District on those matters which may affect the City's
interest as the land use planning agency for the areas within the City's
"planning area" as described in its General Plan."
Except as it has been amended herein, the MEMORANDUM OF
UNDERSTANDING REGARDING COOPERATIVE IMPLEMENTATION O.F
AGREEMENT TO SETTLE WATER LITIGATION shall remain in full force and effect.
DUBLIN SAN RAMON SERVICES DISTRICT
By:
Cynthia G. Jones
President Board of Directors
Attest:
Nancy Gamble-Hatfield, District Secretary
CITY OF DUBLIN
.J¢¢~t-Lockhar~
~v~yor
Attest:
Kay~
Approved as to form:
Elizabeth H. Silver, City Attorney
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