The URL can be used to link to this page

Home My WebLink AboutReso 53-10 DSRSD Sewer CapacityRESOLUTION NO. 53 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING A LETTER OF AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) FOR THE ADMINISTRATION OF UNUSED CITY OF DUBLIN SEWER CAPACITY WHEREAS, the City Council of the City of Dublin (the "City") is desirous of improving the economic viability of the community through the establishment of certain economic incentive programs; and WHEREAS, in an attempt to attract new businesses or retain and/or expand existing businesses that will provide additional jobs and generate additional tax revenues for the City, as well as for certain residential projects that will likely result in greater economic activity in Dublin, Staff is requesting City Council consideration of an agreement with the Dublin San Ramon Services District (DSRSD) that will allow the City to provide unused City sewer capacity rights to new and/or existing businesses and/or projects; and WHEREAS, the proposed program would require the City, DSRSD, property owner and applicant to enter into a agreement permitting the re-allocation of regional and local sewer capacity rights, and the agreement will be recorded with the Alameda County Recorder's Office, and WHEREAS, the City Council finds it is in the public interest to enter into this agreement because the City and its residents will benefit from increased revenues received from both sales tax revenue that it may not otherwise receive, and from the increase in the property taxes as a result of improvements to the property; and WHEREAS, the City Council further finds that the City and its residents may also benefit from the creation of new jobs in the City that will occur when a new business is established or an existing business is expanded; and WHEREAS, the City Council further finds that the City and its residents may also benefit from the creation of construction jobs created from residential projects that are developed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Letter of Agreement with the Dublin San Ramon Services District (DSRSD) for the Administration of Unused City of Dublin Sewer Capacity (attached as Exhibit A). BE tT FURTHER RESOLVED that the City Manager is authorized to execute the agreement substantially in the form attached hereto and to undertake such action as may be necessary and desirable to carry out the intent of this resolution. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 4th day of May, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hildenbrand ABSTAIN: None ,~ .. fi~~~ Mayor ATTES : ~~ , City Clerk Reso No. 53-10, Adopted 5-4-10, Item 8.1 Page 2 of 2 ~a~ ~i DUBLIN SAN RAMON SERVICES DISTRICT 7051 Dublin Boulevard Dublin, Califomia 94568 Phone: 925 828 0515 FAX: 925 829 1180 aRVw.dsrsd.com Apri121, 2010 Ms. Joni Pattillo City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Letter of Agreement for the Administration of Unused City of Dublin Sewer Capacity Dear Joni: As you are aware, at the request of the City of Dublin (City), on Mazch 2, 2010, the Boazd of Directors of Dublin San Ramon Services District (District) adopted Resolution No. 9-10 (Attachment A) authorizing the City to transfer unused sewer capacity allocated to City properties to commercial properties where the City would like to stimulate economic growth. The resolution requires a Letter of Agreement between the City and District to define the administrative procedures for the administration of the program. In addition, on April 20, 2010, the District Board of Directors adopted Resolution No. 14-IO (Attachment B) authorizing the City to also transfer unused sewer capacity to residential development. Upon the City's approval and acceptance, evidenced by your signature below, this letter will serve as the required Letter of Agreement. The procedures for administering the unused capacity transfer program shall be as follows: • City shall provide to District Engineer, David A. Requa, a letter providing the name of (and contact information for) the applicant for the new, expanding, or relocating business (hereinafter, "commercial project") or residential development project (hereinafter, "residential project" or collectively "project") the City is supporting, the name of (and contact information for) the owner(s) of the property on which the project is located (if different than the applicant for the project) and the number of dwelling unit equivalents ("DUEs"} the City desires to allocate to the project. ~ The District Engineer shall have the discretion to determine whether the number of DUEs the City desires to allocate to the project are consistent with the wastewater flow characteristics, including volume and strength in terms of BOD and SS, for the proposed use. Such determination will be based, in the sole discretion of the District Engineer, on Dubiin San Ramon Sendces Dis[nct is a Public En[ity E~BIT A Ms. Joni Patillo Page 2 Apri121, 2010 ~ ~~ " 7 ~ information concerning the wastewater flow characteristics provided by the Applicant, and/or on a schedule of wastewater flow characteristics for the category or categories of use classifications deternuned by the District Engineer to be most applicable to the proposed use. • The Applicant shall be responsible for complying with the District Codel with respect to commencing wastewater service, including the acquisition of all additional DUEs determined to be necessary, the application for a Sewer Permit and compliance with all conditions thereto, and for paying all fees and chazges attributa.ble to the project. ~ Prior to and as a condition of District issuance of a Sewer Permit authorizing a commercial project to proceed, City shall sign an agreement with the District, the ~ applicant, and the landowner (if a person different from the applicant) regazding management of the DUEs allocated for the project, which agreement sha11 be in the form attached hereto as Attachment C, which form of agreement shall be revised to conform to changes made from time to time to pertinent portions of the District Code. • City sha11 provide District written notification should tfie applicant's commercial project fail and the City desires to transfer the allocated DUEs back to the City from the owner of the property. • The aggregate tota.l of DUEs allocated under this program shall not exceed sixty-six and two-thirds (66 2/3) DUEs at any time. No letter request dated after December 31, 2411 by the City to allocate DUEs will be honored by District unless approved by the District Boazd of Directors. If this Letter of Agreement is satisfactory to the City, please sign and retum one copy to the District. The District is pleased to have this opportunity to assist the City in these challenging economic times. Sincerely, ACCEPTED for CITY OF DUBLIN JOTiI PATTILLO City Manager -~ ~ ~ , 7~ r.'~' /~ ~~/ ~//l / A ~ ~~ ~a '-" a/ v / t~(. ~ I "'...~:..'~~-'C_.L `' !~ / BERT L. MICHALCZYK General Manager Date 1. This is the District Code of the Dublin San Ramon Se:vices District, which contains the pertinent rules and regulations as adopted by the District's Board of Directors from time to time. Ms. Joni Patillo Page 3 April 21, 2010 Attachments: (A)DSRSD Board Resolution No. 9-10 (B) DSRSD Board Resoiution No. 14-10 (C) Dublin Sewer Capacity Transfer Agreement cc: D. Requa S~ ~ ~ H\EN(71~F.Pllnent ItemcIFNGMC;R\nI TRT IMrII ~F AII~~ari~~lt .n,.~ ~f n,,.,.,....e.,~ _ n„tir., r:.,.,t .~.,w a,,..