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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 . r-" e _ _.�_� ,,,�,. . 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 i NJN:drk05.110 cc: Contra Costa County Board of Supervisors EBMUD Board of Directors i I • a i I j I 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 _ � i-n k MCI € 8 ILI e 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 l