RES 03017 - Laserfiche WebLink

RESOLUTIoN~o. 31-02 RESOLUTION OF THE BOARD OF DIY, ECTORS OF DUBLIN SAN KAMON SERVICES DISTRICT APPROVING THE TRI-VALLEY WATER RETAILERS COOPERATION AGREEMENT BETWEEN DUBLIN SAN RAMON SERVICES DISTRICT AND THE CITY OF LIVERMORE AND APPROVING AMENDMENT NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN DUBLIN SAN RAMON SERVICES DISTRICT AND CITY OF DUBLIN REGARDING THE COOPERATIVE IMPLEMENTAITON OF THE AGREEMENT TO SE't-I'LE WATER LITIGATION WHEREAS, the City of Dublin issued a notice of preparation for an environmental impact report related to the proposed "east of Fallon Road" annexation, which properties would be annexed to the District's service area and to the City of Dublin; and WHEREAS, in accordance with the November 9, 1999 Settlement Agreement related to the Dougherty Valley litigation, the District prepared a Preliminary Water Service Analysis and Preliminary Impact Analysis describing the impact that the proposed annexation would have on the reliability of the District's water supply; and WHEREAS, the City of Livermore and the Citizens for Balanced Growth, which were parties to the Settlement Agreement, disputed the conclusions of the Preliminary Water Service Analysis; and WHEREAS, the District requested mediation of this dispute in accordance with the Settlement Agreement and after consultation with the City of Dublin; and WHEREAS, the mediation process was conducted by retired .ludge Daniel Weinstein of San Francisco, with the assistance of Dr. Michael Kavanaugh as a technical advisor; and WHEREAS, the mediation process concluded with .ludge Weinstein's Order of December 3, 2001 which upheld the conclusions of the Preliminary Water Service Analysis after certain modifications were · made; and WHEREAS, the District made those modifications to the Water Service Analysis in accordance with the Order of the Mediator; and WHEREAS, the Mediator also required that ~e District and the City of Livermore establish a "Zone 7 Retail Water Supply Council" to deal with the uncertainties associated with provisions of water service in the Livermore-Amador Valley in the future; and WHEREAS, on January 2, 2002 the District and the City of Livermore entered into a Memorandum of Understanding related to the formation'of that organization, which Memorandum of Understanding was in conformance with the Order of the Mediator; and WHEREAS, since that time, the District and the City of Livermore have been engaged in good faith discussions under the Memorandum of Understanding with the assistance of Dr. Kavanaugh; and WHEREAS, the District's Board of Directors hereby finds that by entering into the proposed Tri- Valley Water Retailers Cooperation Agreement with the City of Livermore, the District will be able to better provide adequate and reliable water service to current and future residents of the District by more effectively