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Home My WebLink About8.3 EBDA Tri-VlyExportProjCond , . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 11, 1993 SUBJECT: EBDA Conditions for Potential Tri-Valley Export Project q:- Laurence L. Tong, Planning Director IttaChment 1: Letter from EBDA, dated 9/16/93 Attachment 2: Draft Letter to DSRSD Consider sending letter to DSRSD REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION: FINANCIAL STATEMENT: None DES~RIPTION: On September 16, 1993, EBDA (East Bay Dischargers Authority) responded to TWA (Tri-Valley Wastewater Authority) and LAVWMA (Livermore-Amador Valley Water Management Agency) regarding conditions to be met before EBDA would consider an agreement for a Tri-Valley export project (see Attachment 1). DSRSD needs to respond to LAVWMA so that LAVWMA, in turn, can respond to EBDA. DSRSD needs an indication from the City of Dublin of Dublin's position regarding the land use and General Plan related conditions. It appears that LAVWMA, rather than TWA, will become the agency that proposes an export project for the Tri-Valley area. DSRSD has the authority for water and sewer in Dublin, and is a member of LAVWMA and TWA. The City of Dublin, however, has authority over land use and General Plan matters within Dublin. Staff has reviewed the conditions and finds that some relate directly to land use and General Plan matters in Dublin. In particular, Condition 10.C deals with defining the extent of urban development and open space retention; and Condition 10.D deals with defining the growth within urban boundaries. Staff believes that these issues have already been thoroughly and adequately addressed in the Dublin General Plan. Staff has prepared a draft letter (Attachment 2) to DSRSD reiterating the City's authority over land use and General Plan matters within Dublin. Staff recommends that the City Council review the draft letter, make any needed revisions, authorize the Mayor to sign the letter, and direct Staff to send the letter to DSRSD. ;;~-~;~~-~------------------------~;;;~~-;;~--;~~~~~-;~~~~~-~~;~~- Agenda File /030-,-7) ~ C Ir';r":}:~:. ~~L .1 . . COpy E,::'.S: BA'y D!8CI-fARGCRS AUTHORITY 2657 C!~'-': Avc'''':iJr? 5c;f/ :'t 'f["';70. C/i 9~58a. 7 ~ 1 (5'!to ;:.7~'"!.!:5jQ F,A.~: ::" . ::: :' :':;, C5iJ 7 i September 16. 1993 ~ .~.~: i-:::...e..~ ?r:~: ;';!fr[ Craig R. Lawson, General Manager Uvermore-Amador VaHey Water Management Agency 623 West Myrick Court Clayton, CA 94512-1648 possrSLE 12.7 MGO EXPORT PROJECT WITH THE VALLEY. SUMMARY OF MEMBER AGENCY CONDITIONS Dear Mr. Lawson: Over the past three months, the Authority member agencies have been considering three specific questions regarding a possible export project with the Valley. The three _ questions Were: 1. Wha~ if any. specific conditions Or requirements must be met by T'NA before your agency would consider approving an agreement? 2. Is your agency willing to actually sen permanent. fixed capacity to 1WA? 3. Would your agency approve the sale of capacity to TWA by another member agency? Responses have been received from all member agencies. The Authority Commission considered a formal response to TWA and.LA VWMA at its September 16, 1993 meeting. This Commission unanimously approved transmittal of this information to both agencies. The responses to question Nos. ~ and :3 will be addressed first. None of the member agendes indicated that they had any capacity that they would be willing to se/l. Although there were mixed responses on question No.3, the fact that there is no capacity to sell negates the need for the third question.' Consequently. any agre~nt between the Authority and the Valley would havs to be based on the interruptible concept that has been discussed previously. An- T- l' SUMMARY OF SPECIFIC CONDITiONS 1. Interruptible Capacity. Any agreement with the Valley must be based on the interruptible concept as Is currently the case for the 1.28 MGD agreement with LAWlMA This wiff insure,preservation of member agency capacity rights. CHAiR VICE-CHAm ' TR'::A <:r I~~r:, ~II. .'r""~_" .~_ ~ ......... I "ltf...~'.' . It'I"" FIJri:< ROIIl"" J. Oi{l$ CNtrle$ V. Weir . . .~ Craig A. Lawson September 16, 1993 Page 2 . , EAST BA Y DISCHARGERS AUTHORITY A Joint Powers Public ~gency .2. Effluent Quality. An flows must meet all NPDES permit requirements for current and future Valley treatment plants, prior to discharge to the export system. Valley flows shall not cause violations of the Authority's NPOES permit,for the combined effluent of all system users. ~ 3. O&M and Capital Costs. Any additional O&M costs related to additional Valley flows must be borne by the Valley. All capital costs associated with construction of the export project must be borne by the Valley. 4. Storage F~litles. The construction of storage facilities must be scheduled to coincide with increases in' dry/wet weather flows. I This will insure that the Valley will be able to protect the Authority's ,!T-laximum capacity of 189.1 MGD from being exceeded and will protect member agency capacity rights. 5. Indemnity/Litioation. The Valley must agree to indemnify and save harmless the Authority from all claims, suits, damages, costs, losses and expenses in any manner including but not limited to reimbursement for staff time, arising out ofthe export project. The Valley must indemnify the Authority for all attorney fees and expenses that the Authority incurs in connection with said export project 6. Union Sanitary District. No other specific conditions. 7. Oro Lorna Sanijary District. No other specific conditions. 8. Castro Valley Sanitary District. CVSD will require a Right of Entry agreement for the construction through their service area. The agreement would cover such items as: location of the facility, inspection of construction, O&M of the facilities. indemnification from liability due to failures of the facilities, and obligations to relocate the facilities in the event they disrupt District facilities. 9. City of San Leandro. The City will require an Encroachment Permit for construction through the City. The permit would include conditions to minimize impacts on roadway users and property owners. The - City will require installation of street trees with an lrrigaticn system along Lewelling boulevard f}om Washington Avenue to WickS Boulevard as a mitigation for the negative impacts of the construction." 1 10. City of Havward. a. The capacity request should be less than the current value of 12.7 MGD. No specific figure has been mentioned. I Craig R. LaIJi.'$on September 16, 1993 Page 3 . EAST 8.SCHARGERS A UrHORITY . A loUd fwetS I'Htr: J.gcocr b. Adverse effects of growth in the Valley on the City and its residents must be mitigated. Urban limit fines should be established which define the extent of urban development and retention of open space. General plans which define growth within urban boundaries and wastewater needs for existing and proposed development should be adopted. c. d. ~ The Authority also acknowledges the actions that have been taken byTWA and LAWlMA that will result in LA WVMA becoming the sponsoring. agency. The Authority looks forwvard to beginning serious negotiatiohs with LAWVMA for the development of a project for up to 12.7 MGO capacity. Please contact me after you have had the opportunity to consider this information. We should be able to renew the Liaison Committee meetings in late September or early October. If you have any questions, please let me know. Sincerely, t1J.o jtWw] Charles V. Weir General Manager e: Robert D. Whitley, TWA Coml1llsaSOflE!rs Mert1b<!-c Ageney MQn'lge~ CVW_Z\TWACPCTY .020 -~ . October 11, 1993 Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 . RE: East Bay Dischargers Authority (EBDA) Conditions for Potential Tri-Valley Export Project Dear President Covello and Members of the Board: DRAFT The city of Dublin has received and reviewed the EBDA conditions for a potential Tri-Valley export project indicated in the September 16, 1993 letter. While DSRSD clearly has authority for water and sewer, the city of Dublin has authority over land use and General Plan matters within Dublin. Therefore, DSRSD's discussions with LAVWMA and EBDA should not include land use issues for which it has no authority. The city of Dublin's adopted General Plan sets forth the city's land use and General Plan policies. It is the constitution for all future development within Dublin. If there are any questions regarding Dublin's adopted land use and General Plan polices, please contact me or a member of Dublin's Staff, and we will be happy to help clarify those policies. Sincerely, Peter W. Snyder Mayor cc: Richard Ambrose, city Manager Laurence Tong, Planning Director Lee Thompson, Public Works Director ATTA l