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Ms. Mohr clarified that in view of the second part of this motion that her support in no <br />' way says that she believes that Hayward's requests are justified. <br /> <br /> Mr. Pico didn't share Ms. Mohr's feeling on the fee that Hayward is requesting. He <br /> believes the amount requested is not a significant amount in relationship to the total costs and <br /> other options to this pipeline are significantly more expensive. He believed that Hayward <br /> deserved fair and reasonable compensation to mitigate some of the impact that development in <br /> the Valley will have on it just as the Hacienda Business Park developers provided to the City <br /> of Dublin fair and reasonable compensation for its impact on the City of Dublin. <br /> <br /> Mayor Tarver believed it would be nice if this agreement stated that Hayward shall not <br /> challenge us on any traffic impacts in the future because we're paying Hayward now. <br /> <br /> Ms. Dennis talked about storage we would have to build as EBDA member agencies <br /> reach build-out. If we contract for the maximum amount, they could interrupt our flow. <br /> Depending on what happens we might contract for more than we could use and is there a way <br /> they might buy capacity back from us if we didn't need it and they did? <br /> <br /> Mr. Lum said that under the terms of the proposal they have the right to use the pipe <br /> when they need it. <br /> <br /> Mayor Tarver asked if there is further direction to make sure we only pay once on the <br />- traffic mitigation to Hayward for our impacts. It appears that if we reduce the capacity then <br /> Hayward should reduce its fee; he didn't believe that issue had been discussed with Hayward. <br /> <br /> Mr. Roush stated that during the engineering and financial studies, there will need to be <br /> some nexus between the fee and the impacts which the growth will cause. If this is going to be <br /> added as a developer fee, state law requires that those kind of findings be made. <br /> <br /> Item 6h <br /> Discussion regarding first meeting date in July(SR95: 148) <br /> <br /> It was moved by Mr. Pico, and seconded by Ms. Mohr, to approve Resolution No. 95-51, <br /> canoeling the first meeting in July. <br /> <br /> The r011 Call vote was as follows: <br /> AYES: Councilmembers Dennis, Mohr, Pico, and Mayor Tarver <br /> NOES: None <br /> ABSENT: Councilmember Michelotti <br /> ABSTAIN: None <br /> <br /> 05/16/95 <br /> -18- <br /> <br /> <br />