HomeMy WebLinkAboutMINUTES - 01261993 - 1.66 � .46,
EAST BAY
MUNICIPAL UTILITY DISTRICT
January 12 , 1993
RECEIVED
,SANESUPERVISORS
Mr. Tom Torlakson, Chairman
Board of Supervisors
Contra Costa County CLERK BOARD A 0
651 Pine Street
CONTRA COS
Martinez, - CA 94553
Subject: Dougherty- Valley Development
Dear Chairman Torlakson:
Given the unique magnitude of the Dougherty Valley project, East
Bay Municipal Utility District provided extensive comment on the
Dougherty Environmental Impact Report (EIR)- , and ..in doing so., has
raised its objections to the adequacy of the EIR's analysis of .
water supply and service impacts.
County certification of the EIR, along with approval of the.,General
Plan Amendment and Specific Plan on December 22 , 1992 ; did not take
into account the District's clearly enunciated position -that
sufficient water is not currently available to service the
Dougherty Valley development. The District believes that it must,
avoid being placed in the position of jeopardizing water supply and
water quality for residents of its _existing service: area and-
proposed developments inside its Ultimate_ Service Boundary.. (USB) in.
order to serve new.'developments outside its USB.
The actions recently taken by the County Board of Supervisors have
placed the District in a position where .some. action has to be taken
to protect the District's customers. Given the situation and the .
applicable statute of limitations, the District has lit _le.-choicse
except .to initiate litigation challenging the adequacy of the EIR
and both the General Plan and Specific Plan approvals. We do so
regretfully, because we had hoped. that such. an action could have
been avoided, but believe that it is necessary at this time to
fully protect the District's rights. We -remain committed to the
idea that negotiated solutions are preferable to, litigation.
However, at this time we do not believe that it . would be
appropriate to schedule a workshop of our two Boards. We hope that
the meeting could be rescheduled to a later date.
CC
COIL)
375 ELEVENTH ST. OAKLAND.CA 94607 (415)835-3000
BOARD OF DIRECTORS NANCY J.NADEL.KENNETH H.SIMMONS.ANDREW COHEN
JOHN A.COLEMAN.STUART FLASHMAN.JOHN M.GIOIA.KATHERINE McKENNEY - -
Racal Paper .
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Chairman Torlakson
January 12 , 1993.
Page 2
I appreciate your consideration and understanding of our concern.
Very truly yours,
Nancy J. N del, President
Board of Directors
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NJN:drk05.110
cc: Contra Costa County Board of Supervisors
EBMUD Board of Directors
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EAST BAY
MUNICIPAL UTILITY DISTRICT ,
RECEIVED
January 12 , 1993
.MN 1310
CLERK BOARD OF SUPERVIS
Mr. Tom Tor lakson, Chairman I CONTRA COSTA CO.
Board of Supervisors _
Contra Costa County
651 Pine Street
Martinez, CA 94553
Subject: Dougherty Valley Development .
Dear Chairman Torlakson:
Given the unique magnitude of the Dougherty Valley project,. East
Bay Municipal Utility District provided" extensive comment, on the
Dougherty Environmental Impact Report (EIR) , and in. doing so., has
raised its objections to the adequacy of the ' EIR's analysis of
water supply and service impacts.
County certification of the EIR, along with approval of the General
Plan Amendment and Specific Plan on December 22 , 1992 , did.not take .
into account the D�i-�s trict's clearly enunciated.. position that
sufficient water is^�irrently available to service the Dougherty
Valley development. The District believes that it. must avoid being
placed in the position of jeopardizing water supply and water
quality for residents of its existing service area and proposed
developments inside its Ultimate Service Boundary (USB) in order to
serve new developments outside its USB. :
The actions recently taken by the County Board of Supervisors have
placed the District in a position where some action has to be taken
., . to protect the District's customers. Given the situation and the
applicable statute of. limitations, the District has little choice
except to initiate litigation. chalienging the- adequacy of the EIR
and both the General Plan and Specific Plan - approvals. We .do so
regretfully, because we had hoped that such an action could have
been avoided, but believe that it is necessary at this time to
fully protect the District's rights. We remain committed to the
idea that negotiated solutions are preferable to litigation..
However, at this time we do not believe that it would be
appropriate to schedule a workshop of .our two Boards. We hope that
the meeting could be rescheduled to a later date.
cc: BOARD MEMBERS (Provided)
CAO cakk_
Civ and P°`rC l�
1 1,
375 ELEVENTH ST. OAKLAND.CA 94607 (415)835-3000
BOARD OF DIRECTORS NANCY J.NADEL.KENNETH H.SIMMONS.ANDREW COHEN
JOHN A.COLEMAN.STUART FLASHMAN.JOHN M.GIOIA.KATHERINE McKENNEY W(
Rerycled Peper _
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MCI € 8
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Chairman Torlakson
January 12 , 1993
Page. 2
I appreciate your consideration and understanding of our concern.
Very truly yours,
Nancy J. N del, President
Board of Directors
NJN:drk05.110
cc: Contra Costa County Board of Supervisors
EBMUD Board of Directors
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