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HomeMy WebLinkAbout8.8 Sewage Treatment and Disposal Capacity ) OS6 - So CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23, 1983 SUBJECT Sewage Treatment and Disposal Capacity EXHIBITS ATTACHED None RECOMMENDATION Authorize Staff to make offer to Alameda County for 100 , 000 gallon sewage capacity FINANCIAL STATEMENT: Recommended offer - $479 ,376.22 plus interest DESCRIPTION In 1974 the Cities of Livermore and Pleasanton and the Dublin San Ramon Services District ( DSRSD) formed the Livermore-Amador Valley Water Management Authority (LAVWMA) , a joint powers agency, for the purpose of implementing a sewage disposal system and', if necessary, sewage treatment . The joint powers agreement, as amended May 31, 1977 , provided that the disposal system ' s maximum capacity would be 15 .62 million gpd. In the event there was excess capacity in the 15 . 62 million gpd, the joint powers agreement allowed the original member agencies to purchase any unused capacity up to 1 million gpd. The City of Pleasanton was guaranteed 500 ,000 gpd of the unused capacity (Para . XIA( 8 ) ) . The joint powers agreement further provided that such unused capacity could be purchased for " industrial ( including non-retail commercial ) purposes" but only after voter approval of the purchasing entities ' electorate. In February, 1980 , after Pleasanton had requested its additional 500 ,000 gpd, Livermore requested the right to purchase the remaining 500 ,000 gpd of the unused sewer capacity in LAVWMA ' s sewage disposal system. At the LAVWMA Board meeting of March 20 , 1980 , the Board discussed the allocation of the 500 , 000 gpd unused capacity. Because DSRSD, as a community services district created under the provision of Government Code Section 61000 , et seq. , lacked land use authority ( i . e . , zoning authority) , and lacked statuatory authority to acquire sewage capacity for a specific use , DSRSD turned to the County of Alameda for advice . The County indicated to the LAVWMA Board that it sought to acquire 100 , 000 gdp of the unused capacity for the unincorporated area of Alameda County within DSRSD ' s boundaries . The LAVWMA Board voted to authorize Livermore to acquire 400 ;000 gpd and DSRSD to acquire 100 , 000 gpd . (LAVWMA minutes of March 20, 1980 . ) Voter approval of the purchase of the 100 ,000 gpd was required by the LAVWMA joint powers agreement . The County of Alameda requested DSRSD to call a district-wide advisory election for the November , 1980 election. The question submitted to the voters within DSRSD was: "Shall the County of Alameda acquire from the Livermore-Amador Valley Water Management Agency 100 , 000 gallons of additional pipeline capacity for industrial ( including non-retail commercial) uses to serve that portion of the County of Alameda lying within the Dublin San Ramon Services District? All costs relating to such expansion for private use shall be paid by private developers with no cost to the taxpayer . " The Board of Supervisors ' ordinance (Ord . No. 80-77, Section V) calling the election noted that DSRSD was entitled to acquire the 100 ,000 gpd for industrial purposes , but Alameda County proposed to acquire the 100 , 000 gpd capacity through DSRSD because DSRSD lacked the power to industrially zone real property within its jurisdiction . (Only DSRSD, Livermore and Pleasanton were authorized, pursuant to the LAVWMA joing powers agreement , to purchase the 1 million gpd unused sewer capacity. Hence DSRSD purchased the 100 , 000 gpd capacity on behalf of Alameda County. ) By agreement dated September 11, 1980 , between LAVWMA and DSRSD, DSRSD purchased 100 , 000 gpd of unused sewer capacity in LAVWMA' s pipeline (Article 1 ) . The purchase of the unused capacity was subject to voter approval by the DSRSD electorate (Article 5 ) . The agreement contemplated that DSRSD would sell its right to the 10 , 000 gpd to Alameda County due to DSRSD ' s lack of land use controls (Article 10 ) . Provision was made for DSRSD to pay all costs associated with the increased sewer capacity in LAVWMA' s disposal facilities (Article 2 ) . ---------------------------------------------------------------------------- Q COPIES TO: 6 ITEM NO. 6. 0 Q AGENDA STATEMENT : Sewage Treatment and Disposal Capacity Page 2 The voters of DSRSD approved the purchase of the 100 , 000 gpd capacity in November , 1980 . By agreement dated June 2 , 1981 , and amended on January 18 , 1983 , between DSRSD and the County of Alameda, the District (DSRSD) agreed to expand its sewage treatment plant to accommodate the additional 100 ,000 gpd disposal capacity and agreed to reserve 100 , 000 gpd of treatment capacity "for users to be designated by County" . ( Sections 1 and 2 ) DSRSD agreed to enter into all necessary agreements with LAVWMA to obtain 100 , 000 gpd "added capacity in LAVWMA facilities for County ' s users within the District" , and County agreed to pay its proportionate share ( i .e. , 10% ) of LAVWMA ' s costs incurred in connection with the additional 1 million gpd (Pleasanton 500 , 000, Livermore 400 , 000 and DSRSD/County 100 , 000 ) capacity. At the time of this agreement (June 2 , 1981 ) Dublin was not yet incorporated, hence the reference to "County' s users within the District" encompassed the area now within the City of Dublin. DSRSD thus purchased the right to the 100 , 000 gpd sewer disposal capacity from LAVWMA with the restriction that it was limited to territory within DSRSD and for industrial ( including non-retail commercial ) uses . (At that time Dublin was not incorporated. The territory now within Dublin was, of course, the major portion of the area within DSRSD. ) DSRSD then agreed with Alameda County to ( 1 ) expand the District ' s sewage treatment plant to accommodate the 100 , 000 gpd and reserve the additional 100 ,000 treatment capacity for users designated by Alameda County, and ( 2 ) enter into all necessary agreements with LAVWMA to obtain the additional 100 ,000 gpd disposal capacity "for County ' s users within the District" . (The September 11 , 1980 , agreement between LAVWMA and DSRSD required written consent of LAVWMA to assign it . Alameda County agreed to pay its proportionate costs for the expanded sewage treatment directly to DSRSD. The County agreed to reimburse DSRSD for its costs (payable by DSRSD to LAVWMA) for the additional 100 , 000 gpd disposal capacity. During 1983 , the expansion of the DSRSD treatment plant was completed. The total cost to the County for its share of the expansion and the additional disposal capacity is broken down as follows : Treatment Plant Expansion $330 , 287 . 95 Export System Expansion 149 ,088 . 27 $479 ,376 . 22 It was the understanding of all parties involved at the time of the advisory election that the additional 100 , 000 gallons for industrial (non-retail comercial ) sewage capacity was to be used for the in-fill of Dublin. It is therefore Staff ' s recommendation that the City Council authorize Staff to make a formal offer to Alameda County to purchase the 100 , 000 gallons of sewage capacity. It is recommended that the City offer the County $479 ,376 . 22 plus interest for the period in which the expense had been incurred .