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HomeMy WebLinkAboutMINUTES - 05191998 - C68 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: MAY 19, 1998 SUBJECT: APPROVING PROPOSED RESOLUTION OF INTENTION AND BOUNDARY MAP UNDER SECTION 1.0104 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA IN AND FOR THE WINDEMERE RANCH. ASSESSMENT DISTRICT 1998-1 FOR THE ASSOCIATION OF BAY AREA GOVERNMENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'T'IFICATION RECOMMENDATIONS: PASS and ADOPT the attached resolution. FISCAL IMPACT: The resolution allows an assessment district to be formed under ABAG's authority that eliminates county cost and county liability. BACKGROUNDIREASONS FOR RECOMMENDATIONS: The attached resolution is necessary for the second Windemere Ranch assessment to be included within the ABAG pool for financing for the construction of their project. Over the last fifteen years, ABAG has been creating financing pools to assist local jurisdictions get the amount necessary to make a cost-effective and efficient bond sale. The provisions indicate that the county will have no liability in any way should the bonds fail. Another benefit of this provision is that there will be no prepayment penalty for retirement of the bonds. The reason that this is important is that these bonds are for the purpose of the provision of water through DSRiSD. The financing mechanismcould also have been handled through either DSRSD or the county. ABAG appears to be the preferred alternative because they are able to pool several issues to save costs and the CONTINUED ON ATTACHMENT: -L_YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER ACTION OF BOARD ON May 19.1998 APPROVED AS RECOMMENDED'X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED UNANIMOUS(ABSENT — — " ) ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED May ] 1998 ABSENT: ABSTAIN: PHIL BATCHELOR,CLEPK OF THE BOARD OF S VISORS AND C ADMINISTRATOR VA:dg BY At DE UTY abag2.bo Contact: Val Alexeeff(646-1620) CC: County Admintrator County Counsel GMEDA Departments the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed,shall be controlling as to the correct and detailed description thereof. 8. Special Benefit and Boundary Mme. The contemplated acquisitions and improvements, in the opinion of this Board, are of special benefit to, and the costs and expenses thereof are made chargeable upon the Assessment District, the exterior boundaries of which are shown on a reap thereof on file in the office of the Secretary of this Agency, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory proposed to be included in the Assessment District and shall govern for all details as to the extent of the Assessment District. 9. Public Property Exeml2t. This Board declares that all public streets, highways, lanes and alleys within the Assessment District in use in the performance of a public function, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of the acquisitions and improvements. 10. Engineer's Report. The acquisitions and improvements are hereby referred to Carlson, Barbee 8& Gibson, Inc., San Ramon, California, for the purpose hereof as Engineer of Work for the Assessment District (the "Engineer of Work'"),and the Engineer of Work is hereby directed to make and file with the Agency Secretary a report in writing (the "Engineer's Report"),presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements if the improvements are not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the Assessment District is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the Engineer's Report as a combined document; (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works,appliances,or property are to be acquired as part of the improvements; (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way,easements,and incidental expenses in connection with the improvements, including any cost of issuing and registering bonds; (e) A diagram showing, as they existed at the time of the passage of this Resolution,all of the following: (1) The exterior boundaries of the Assessment District. (2) The boundaries of any zones within the Assessment District. (3) The lines and dimensions of each parcel of land within the Assessment District. Each subdivision, shall be given a separate number upon the diagram. The diagram shall refer to the assessor's maps of the County for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels; (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the Assessment District in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e); (g) Proposed assessments upon each of the several subdivisions of land in the Assessment District for the maintenance and repair of the Improvements under Section 10100.8 of the Act; and (h) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the Agency and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 11. Use of Surplus. If any excess shall be realized from the assessment it shall be used, in such amounts as this Board may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this Agency, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds,or both; or (c) For the maintenance of the improvements. 12. Contact Person. Clarke Howatt, Financial Services Manager of. the Agency, is hereby designated as the person to answer inquiries regarding any protest'proceedings to be had .herein, and may be contacted during regular office hours at. Association of Bay Area Governments, 101 Eighth Street,Oakland,CA 94607, or by calling telephone number (510) 464- 7932. 13. Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein,are shown to be connected to the facilities, works or systems. of, or are to be owned, managed and controlled by any public agency other than this Agency, or of any public utility, it is the intention of this Agency to enter into an agreement with such public agencyor public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for,among other matters,the ownership,operation and maintenance by such agency or utility of the works,rights,improvements and acquisitions,and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work,rights,improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations; and that such agreement shall become effective after proceedings have been taken for ;the levy of the -3- assessments and sale of bonds and funds are available to carry out the terns of any such agreement. 14. Improvement Bonds.Notice is hereby given that serial and/or term improvement bonds to represent unpaid assessments,and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law a the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Band Act of 1915,Division 10 of the California Streets and Highways Code (the "Bond Law"), the last installment of which bonds shall(mature not to exceed twenty-nine(29)years from the second day of September next succeeding twelve months from their date. The bonds shall be issued in such series and shall mature-in such principal amounts at such times as shall be determined by this Board at the time of the issuance of such bonds. The provisions of Part 11.1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Agency to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. It is the intention of the Agency that the Agency will not obligate itself to advance available funds from the treasury of the Agency to cure any deficiency in the redemption fund to be created with respect to the bonds; provided., however, that a determination not to obligate itself shall not prevent the Agency from,in its sole discretion, so advancing funds. 15. Refunding of Bonds. The bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Board of the Agency that the public interest or necessity requires such refunding.Such refunding may be undertaken by the Board when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Beard expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Board finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata,basis, the Board may approve and confirm the report and may, without further proceedings,authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 96030) of Division 11..5 of the California Streets and Highways Code, 16. No Private!Contract, Notice is hereby given that,in the opinion of this Board,the public interest will not be served by allowing the property owners to take the contract for the construction;of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 17. Bond Consultants. The firms of Jones Hall,a Professional Law Corporation,San Francisco, California and Altura, Nelson & Co, Inc., San Ramon, California, are hereby appointed as bond counsel and underwriter, respectively, for this Agency's proceedings for the Assessment District. The Financial Services Manager of the Agency is hereby authorized and directed to enter into appropriate agreements with such consultants for their services, provided that such agreements shall provide the any compensation to be paid to then;shall be entirely contingent upon the completion of and payable from the proceeds of the assessment financings and the Agency shall not otherwise be liable for their compensation. -4- PASSED, APPROVED and ADOPTED 1998. ATTEST: -5- EXfUBIT A ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch:Assessment District 1998-1 DESCRIPTION OF WORK Within the Windemere Ranch Assessment District 1998-1, County of Contra Costa, State of California; the construction and acquisition of the following public improvements, including the acquisition of all lands,easements,rights-of-way,licenses, franchises,and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof, (including, but not limited to the removal and disposal of toxic materials related to the public improvements), in accordance with plans and specifications to be approved by appropriate agencies: The acquisition of water rights sufficient to provide domestic and fire flows for a residential and commercial development within the assessment district and the payment of costs related to such acquisition and the construction of public streets, utilities, and related appurtenances. A-1 RESOLUTION NO. - A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING ACTIONS WITH RESPECT THERETO) ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 RESOLVED, by the Board of Directors (the "Board") of the Association of Bay Area Governments (the "Agency"),State of California,as follows: 1. Resolution of Intention. On . 1998, this Board adopted its Resolution of Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, (the "Act") to initiate proceedings under the 'Act in and ;for the Agency's Windemere Ranch Assessment District 1998-1 (the "Assessment District") 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements describedtherein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the Agency Secretary a report (the "Engineer's Report")pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars. 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer's Report with the Agency Secretary, and this Board with the aid of Agency staff'has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. 4. Meeting and Hearing Ordered. Pursuant to the Act, this Board hereby orders that a public hearing shall be held before this Board, in the regular meeting place thereof, 101 Eighth Street,Oakland,California. The public hearing;shall be held on , 1998, at the hour of o'clock —.m. for the purposes of this Board's determination whether the public interest, convenience and necessity require the acquisitions and improvements and this Board's final action upon the Engineer's Report and the assessments therein and for receipt of and tabulation of assessment ballots. 5. Notice. The Agency Secretary is hereby authorized and directed to cause notice of the meeting and the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail,and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing; shall include the name of the Agency and the return address of the Agency Secretary as the sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Contra Costa or the State Board'of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment if bonded, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the Agency's address for receipt of completed ballots showing the owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a,disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered under Section 4 hereof. 5. Boundary MaR. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the Agency Secretary(the "Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars.The Agency Secretary is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County 'Recorder of the County of Contra Costa in which all of the proposed Assessment District is located, within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15)days before the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the Agency and by the distinctive designation of the proposed Assessment District. PASSED, APPROVED and ADOPTED 1998. ATTEST: •2- EXHIBIT 3 !r s COUNTY COUN IEE j �„I� T�' may, 'r` ,w ♦. y„ i :7N. 'F'rnYNs'1..rv�.. S tit yvs '� r r T�"'SPyr'��s 1 ...+wr.........0....swwi' ..u.-r-.�.•-- X_:ri.J' � �... N d pogeu DATE: November 20, 1995 Zhus TO: Vince Wong, Assistant General Manager, QIC 80201 Fa!m* � �---- FROM: .Brian E. . as5gton, Deputy Cowart'Counsel, QIC 20104 SuBJJECfi: SELLING WATER TO DSRSD FOR DISTRII3U7I0N OUTSIDE OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Ism 1• Can Zane 7 sell water to the Dublin San Ramon Service District ("DSRSD") for DSRSD to sell to famm customers in the Dougherty 'Valley, an axes outside of both Zone 7 and the Alameda County Flood Control Distract ("the District')? 2. If Zone 7 can sell water to DSRSD for these purposes, what actions would Zone 7 need to take to comply with all legal requirements to complete the ttusact on? 3. can Zone 7 annex the Dougherty Valley area? 4, Can Zone 7 contract with DSRSD to.deliver DSRSD's water from the state Project to DSRSD without awning the water? :... 5• Ey agreeing to participate Vwill Zoite 7 bin providing water (via DSRSD) to the Dougherty alley, e obligated. to enter into similar arrangements with future develop= of. areas outside the District? S'C.I1�14S�ARy1 1. Although the District Act does not explicitly address whether the District can sell water for use outsidethe District, the District Act appears to allow such a transaction where the water supply of tete Distiict is not reduced and the transaction benefits the District. = The conclusions in this memo are based on the genet description of the proposed f; Berrenda Mesa�SRSDfZone 7 transaction described to James Kohn 's A ?, 1995 David Layton. p� letter to y 2. To undertake this project, Zone 7 must comply with the requirements of the California Environmental. Quality Act. Zone 7 :must also abide by any legal regwrernents imposed on it by its contacts with the Department of Water Resources. 3. The'District Act does not permit Zone 7 to annex areas outside of Alameda County, To do this, Zone 7 would have to seek to have the California Legislature amend the District Act. 4. Zone 7 could enter into an agreement with DSRSD to convey the Berrenda Mesa water to DSRSD without Zone 7 owning the water. , 5. Future developers outside the District would not be able;to force Zone 7 to participate in delivering water to their developments if Zane 7 did not wish to participate. DISCSN 1. ZONE 7 CAN LAWFULLY EXPORT WATER TO TBE DOUGHERTY VALID. The Alameda County Flood Control and Water Conservation District Act C'District Act") does not explicitly address the issue of whether Zone 7 can, deliver water to water wholesalers for resale outside of the District. Sections 55-4 and 55-5, which describe the District's purposes;and.powers, require the District to manager the water in the District to conserve water and to put it to usesbenefitting .the District. Section 55--4 provides, 9n part: ' The objects and purposes of this act are . . . to conserve such water for beneficial and useful.purposes by spreading,storing, retaining and causing to percolate into the soil within said district, or without such district, such waters,'or to save or conserve in any manner all or any of such waters . . . Section 55-4 also parovides that.a goat of the act is "to prevent waste of water or diminution of the water supply it,-or exportation of water from said district, . . . Section. 55--5 grants the Distinct the following powers, among others, to accomplish these purposes- "Mo conserve and reclaim water-fear present and future use within the district; to appropriate and acquue water and water rights and import water into the district and to conserve within or. outside of the district, water for any purpose useful to the district;... to prevent unlawful exportation of water from said district;" Section 55-5.5., Section 5 -5.6 reiterates that the District's powers roust be used to benefit t the District, The Act grants the District the power. "To control the flood and storm waters . . . and to conserve such waters for '' beneficial and useful purposes of said district by spreading, storing, rem nim and causing to percolate into the soil within or without said district, or to save or conserve, in any manner aft or any such waders. . . , and to prevent waste of water or diminution'of the water supply in, or exportation of water from said district..." In addition to Section 55-4s prohibition of exporting water "from said.district," Section 55--5.6 contains an explicit'prohibition against exporting groundwater when it would endanger groundwatear levels: "[Ijothing in this act contained shall authorize the carrying out of any plan of improvement, the purpose of which is, of the effect of which will be, to take water which flows in any watershed in said district and transport or sell same for r' use anywhere outside of the district when the waster level of any gravel'beds . within the district riact is below the normal level and such water could reasonably be used to replenish the water level of said gravel beds;" In interpreting the District Act, one must take into account Section 55-34, which provides that the District act "shall be liberally construed to promote the object thereof, and to carry out its intents and purposes." The most coherent interpretation of thew statutes permits the District to deliver water ---- water that DSRSD'purchahses outside of the District — to DSRSD for eventual delivery to the Dougherty Valley. Although Sections 55--4 and 55-5 contain language indicating that the District must prevent "exportation" and "illegal exportation" of district water, ren in conjunction with the general, statements of the District Act's purpose and the ddter provisions of . the D%sta: ct Act, these provisions do not forbid transferring non—District water outside the District unless the transfers do not benefit the District in any way. The Act's express provision prohibiting exporting water when it would damage, groundwater levels supports this interpretation as it implicitly indicates that transferring waw outside the District is acceptable If this transfer dries not deplete the Districts groundwater supply. Moreover, the phrases in the District Act indicating that-wazer shoo€d not lie exported refer to waters "froth the district" Here, Zone 7 would be receiving the water from the Berarenda'Mesa Water District(via DSRSD).. Thus, the agreement with DSRSD would not adversely affect Zone Ts supply's for its customers within the'DistrIct. The District could seek an amendment to the District Act from the state legislature to clarify this point, but this is not,necessary. , Y The issue has been raised whether Zone 7 supplying water to the Dougherty Valley could result in.Zane 7 taxing Dougherty Valley residents without providing them,with representation. Urdu the District Acct, Zone 7 cannot tax or assess property outside of the District. Sec gZ. , §� 55-12. Zone 7 would have to receive any funds that.it requires from custotraers in the Dougherty Vaally through its contractual releaationship with DSRSD. u AC'rioNS THAT ZONE 7 WOULD HAVE TO TAKE TO LXW FULLY DELTVER WATER"TO.=TOUGHERTY VALLEY. As the projoxt is described above, Zone 7 selling water to Dougherty valley would quay as a "project" for the purposes of the California Environmental Quality Act: Therefore, after conducting a,:preliminary environmental review, the Agency will have to determine whether an ETR or a negative declaration is requited.. In addition, Zone 7 will have to abide by all requirements imposed on Zone 7 by any agreement between Zone 7 and the Statc Department of Water Resources concerning the transfer. III. ZONE 7 CANNOT ANNEX DOUGERTY VALLEY. The District Act does not allow Zone 7 to annex territory outside of Alameda. County into the District. Ibus, to annex the Dougherty valley area, Zone 7 would have to have the' California Legislatutt amend the District Act to grant Zone 7 this power. IV. ZONE 7 CAN ENTER INTO AN ARRANGEMENT WrM DSRSD TO TRANSFER'. WATER FOR DOUGHERTY VALLEY TO DSRSD EVEN IF ZONE 7 DOES NOT OWN TETE,WATER.. Even if Zone 7 does not own the Berrenda Mesa water that it is transferring to DSRSD, Zane 7 can contract with DSRSD to convey the water from the state profit to DSRSD On a contract basis. The District Act is again silent as to whether the District can contract to deliver water outside the DistriCt. It appears tial&.rly,however, that a court would conclude that the Dis'tr'ict had overstepped its bounds in delivering water to an emoting, in—district customer for use outside the District when the: arrangement brings other benefits to the District that help the District serve its purposes. V. ZONE 7 WILL NOT BE FORCED TO SERVE FUTURE DEVELOPERS OUTSME THE DISTRICT. Because no'provision of the District Act requires Zone 7 to serve customers outside of the District's boundaries, a future, Contra Costa County developer most lilotly'would not be able to farce Zone 7 to participate in delivering water to a new development outside of Zone 7 if Zone 7 was unwilling to provide the service. If Zone 7 enters into an agent to supply water to Doughy Valley, that act will not give a f inure developer outside of Zone 7 the ability to compel Zone 7 to supply it with water unless a legislative change requires Zone 7 to do so. Otherwiser, providing tht water would remain discretionary. "When exercising its statutory powers, a,[water district`s# governing board of necessity has considerable discretion to decide what is in the best interest of the: populawt on it servers." Bu I� ing JMdo= Assn,v, MunicipIl 3yawer `st 235 Cal. App. 3d 1641, 1648 (1991). Deciding whether or not to ilMift Am yea +MmNt L.AVApy I.�7]j To 4�4 at niwr UA44 J r Kai* p gryg ,I" J"'L Ay 6"'t%t�f (Cal 0'aftig i"'W's omme J'h Mown CL trorn '10nnt4q,", Mowmma + •c. X Y0.ftwwgS ij �j IMklYA.� J*MftAAWM MgAwDOW A.x N a �VM iRtICeM —- ...-� +M►J.P� canny safte Sim PVAw v6k#A it a" 'w SAM 4ls "a wo FA eft"8*4v Iff*t1m r4 %ftV NSM*AA Wt- Sacramentor California Mor Ncvanber 29, 299 Honorable �.l am �+. 3{ 23 State capitalmacer Dear Mr- Bakers e May the ,� c�neervatian District selt surty PlOod Control to receive iestrict ae31 s from the State Witter j r wager $rid 'Water �iatrct? wh.icxh it has contract; Pro f eCt. for use't the d . District ' The Alameda zaY sal..1 Surplus s Wa F'2, Control receive, frpm Niue grater, and W'etg district '� Stat Water ' which it' has contra ed to$t�,on subs ect to tete cd Prof ect, for use Outside n nt of the state, the z The ca2it'orn � hereafter` thZenoing with-Sa tea Resources Davol approved 'the bond act) , 22 30 j , Pt. g �a+artt Bond $t "the November submitted to , civ. s, Wat. �Aie't ftutnarized the a, 196th the �, ,6, bonds to help issuance o2' 62 g!en+�ral election And was , ' � Nate p Finan,.. ate '750#000 000 ins " The bond eet Water Pesour es i +�djate cof ' enera-1 ;obligation thereasfter the de ructiOn by the 9e p�►�entj of cartain eparstatmeat Otherwise sectifln ratOrOnce 3sxe sacY3. t1. s are to the Nater Code !unless Honorable will jam P. Baker - p. 2 #8217 water facilities, including a multi.plea purpose dam and reservoir' on the Feather River in the vicinity of Croviiis and an aqueduct System for they 'transportation of water to various parts of the state (see seubd. (d) , Sec. 12934) . Wafter facilities Constructed by the state are collectively designated as the State; Water Resources Deeevelopment System (so* Spec. 12931) , but are commonly referred to as the State Water Project. The bond act direect& the department to enter. into contracts for the sale, delivery, or us* of water made available by the States Water Project (Sacs, 12937) . The bond act prohibits the impairment of those contracts by subsequent acts of the Legislature during the time when any of the bonds authorized under the bond net are outstanding and permits the state to sate and be sued with rasped to the contracts (Sea. 12937) . Most of the $1.11754,400,000 .in general obligation bonds authoriteed under the bond act are outstanding ( cal.i faAnaU41 9 t l (Legal/Budgetary Basis) t 1046-67 fiscal year, pp. SS-4 to S-47'1 incl.) . The Alame;dae. Co%=ty Flood Control and Water Conservation oistrict (he a eat sear the district) is created and governed under thea Alameda County Flood Control, and. water Conservation District Act (Ch. 1275, Stats. 1949; hereafter the district act) . ' The districtconsists of all the territory within the boundaries of Alameda County (Sec. 2, district act) , and the Board of supervisors of Alameda County is ex: officio the board of supervisors of the district (See. 6, district .acct) . �The>0e district is authorized to acquire water and water rights mind to import - water into the district (para. 5, Sec. 5, district act)-.-7---- it is the established policy of the state to facilitate the tcluntae V of water and water r3ghtswNtre consistent/ with a p c.wee free of the place of export and the place ea import (See. 109) , and the district in araaell suthar to anter into agreements for the transfer or delivery of wader to any person, distarict or other esntityel (para. 9, So . 5, district act. Be! also Sec. 382, Wat. C. ) . Und r th+e state water supply contracts{ howeever, project vaster f del.iv$red to the contracting district may not be sold by the district for use outside the district without the prior written consent of the state (sea Art. 13 of the standard contract provisions) . in addition, it is expressly provided that the contract and all of its provisions apply to and bind the success;rksas and aseeiegms of the parties, and any asss ignmQnt of any contra 't righter is subject to states approval and to any reasonable terms and conditions the state'may impose (scree Arts. 40 and 41 of standard cantraert provisions) . r .. tl3lM of Samices;mj(y)Alameda cfttlin prior aVV.effmmM bgtWea the ps tjos,a$ • ARTiCL--�`3 W �'Ade'ar�q+.+�`Yn s�rrn�r� . 3.01, toWi mexr�shad dear=0 dsmuw,m smordamm V&h the Eswow Ava=umt and on I3 is belsig the fOROwrng Am*and do cents: (s� On ar bort April 34, I9A,Wimdemero"I rte the ronowutgdeposba ; isct+o ae"W in aocordsm wfth the Btcraw AVvenuft and on DwkWs belmM C1 ImmediU*available fetmds in an amount a qw to S3,0000%of 25'OWla ofthe"Water Amhaseftndrlm demed in the EEswow AVes ma),WWh fw&SW be cmftcd against WiYxleamtm's 53,E romribution to the 57,000 000;MNatex PurcMm Fun&at the dme of Cbft}mom to#e5j' nn 2tb1 of I+ t to'i3scr W Avmnem,pmvided,however,dwawh fust smolt be table to Windenm a reprdl s Of WhOber eseaOW dom ori or Wme Closiva Date.:. (11) LTMWxat*av+eit ble ftn&is an amoma mat to 53.€"Ho Of 5557,041.22,which sum is owed by Cor4Mftr to ZOO 7 as ditmi*bad in Seedon 3{b}ofthe FjM Ammdmfttoo W*Ar Sav c e FACmw Aommum( "]F Aatzemiment to EMOW Aerie if ft+CtOWM Dds Is C*6&4 bey*M ley 1, 1999 and Distrix:is rOquinW uWer,Secfion 3(b)of the First A=udmm to,Wa et SaN ift Slwrm A emeft to mks ftthff advac s to Zwe 7; of do"Water Storage,PmWmm FUM °'(as ded d in she Escrow Ag omm gj then`VvOIgMat$ pay to Dimict ' 53.00WO ofd such advmce as and when it becomes doe. Any ofthe lbragping finds 3wr356 12 .... .... be refixr%ded to Win&Mwe as and when such funds a*two6ed w We reinte used to 06'16a by Zone 7 under SeWon 4(b)ofthe AmMbftaot to Escrow int. (d) I"the event that FWD is unable to use the-Water tlmwt " (as defiried in the First Ameadn to F +aw Agre;ement)at ovy tim prior to C1oftg, "24MM*OWI deposit into et+ow on ms's b if hely AVMW&Hinds in an amau3tt equal to 53.00005A oftlte- WP Cel'(ass defined in Seeft n 2(d)Of the, 'Virg, Amendnaaft to PAMw A ero),.as and when such M Co is becom paphle by District to BMWD lu MCCOrdum with Selion 2(d)ofthe FicstAm I ixrWater SaMae EwmWAm= t DCmeTtf.�Aa da errih L �.21d1 #hut a rm#�! Lta A�rreeny ,rs#_ ,fit tl7to ,�w —- - be d red to hadae�ON&e� r. . fieft gEft M%tet'smote so= ,.r...r..s (e) -District shalt tefinw to Wk*M=,PCOM" receipt by any and all fcmds w4d to Zone 7 under Simon 3(a)offt First Araendme&to Esq' w Agrtert tM and r0imbwled tO AiStriCt=der 5eWon 4(bXx,)6f ft Fh* Ammdmaat to Escrow AWeernent, 0 Windemrere Anti.at Wast one day prig to the eohed gW da a of Closi n& depwit the fallowing into escrow on District's behalf. {i) lwaofiraately available fundt in an antottut to 53.t3WOO/o cfthUa portivaofthe sem million dollars(S"7 00o)Wuw Purchise ftnds required by Swoon 3(b)of the Water S"via Ssmw Affftumm thg rgeamsunpaid ill rat attcse with the fnreanirn&rar,�ne na- MMey#�x6y Chr.t C'+a1bM rMani" ML G1t4 J K JUS," Awr t- ost Fi St Paw 004 .K:wV CC. 10010. Qtvfa O.Ac" W I A1,0M IMRaY:f-ia -IMM A�as "lotL Ay . Ea ,;# 0o rfs # 4traata unM &in J. ,v,Mw Low, RaftftFAVIS .0w Atl+Ruta f Ltlpt� %"M o.mow !en r oft Kea 8.lout. M&VJ#ft Rah L 0.7 I "'Au+eat&ON&* "MW k%M1e00 MKhav K vow M%WW 3.Cut, Jon"k 0.A*", MOM 4,Rthy govemo .Part rA-M W W J,j, ;am fps SAVa,Rutty Cnn.to�n.r2,r�. Pony 60%,,�)' ,t►vccmN pp as r tr�Y J�o1x.r � C' fW,fctnv+c ,lure vl`a akti c.pcl0t.aurllWO& lx.rip Prt*a" M w Eq.rrsft Fwwo Ti :x l: Ah"©.Ortt. .tel ter.m.Ift CA ei ove T.MVM'M J a.awn 1,�W.• }il"&3d37 lt+anr a Wer thio �t W'. rrU044:(lfl)33+.31, ThDtryP PL)400, Cheat.,i~ TAamali 0,wr w ftVW a Jd0.a, lMwvfa WANW sacrament e.trr.�, ow.J.a, Cali Novamiaer 29, 1990 Honorable William P. Baker 3013 State capitol. sae - 7 Dear Mr. Baker: conservationyDthe Alameda Gaunt sell surplus Y Flood Control and Water to retie ve from the State Water lPus water district? which it has contracted Sect, for use Outside the The Alameda County Flood Control and Water District may �sall surplus receive fromwrater, ,which it has contracteidsarvation district gub ,pct tote Water Project, for use outs to "0 consent of than state. tide the {Ch. s The California Water Resources Development (C California With Sea. oPment Bond Aft hereafter the bond acts 1293b) , Pt 61 Div. approved at was submitted to the voters Wet, C. authorized the�iNovember a, 39 f� oters and was bonds to of $1,750 000,000 tion. fihe bond act help finance the immediate conetrit general abligration Of Water Resources (hereafter the de a Construction by the Department p rtment! of certain state 3 All sectIon referencesr otherw'" specified. are to the Water Code, unless rsrrt�6R a'IkYCN/d FNf1r . Honorable '4ill.iam P. Saner - p. 2 - #8217 water facilities, including a multiple purpose dam and reservoir on the Feather River in the vicinity of orovil.le and an aqueduct systemfor the transportation of water to various parts of the state (see subd. (d) , Sec. 12934) . Water facilities constructed by the state are collectively designated as the State Water Resources Development System (see Sec. 12931) , but are commonly referred to as the State Suter Project. The bond act directs the department to enter into contracts for the sale, delivery, or use of water made available by the State Water Project (Sac. 12937) . The bond act prohibits the impairment of those contracts by subsequent act& of the Legislature during the time when any of the bonds authorized under the bond act are outstanding and permits the state to sue and be sued with respect to the contracts (Sec. 12937) . Most of the $1,750, 000, 000 in general obligation bands authorized under the bond act are outstanding (StAtA 21 Califgrnia gnnuAl asport Sunplement (Legal/Budgetary Basis) , 1986-57 fiscal year, pp. S5-r43 to S5-47, incl. ) . The Alameda County Flood Control and Water Conservation District (hereafter the district) is created and governed under the Alameda County Flood Control and. Water Conservation District Act (Ch. 1275, Stats. 1.949,• hereafter the district act) . The district 'consists of all the territory within the boundaries of Alameda County (Sec. 2, district act) , and the Board of 5updrvisors of Alameda County is ex officio the board of supervisors of the district (Sec. 6, district .acct) . Thhee district is authorized to acquire water and water rightsand to import water into the district (para. 5, Sec. 5, district act) it is the established policy of the state to facilitate the voluntary transfer of water and water rights Were consistent/ with the public welfare of the place of export and than place of impart (Sec. 109) , and the► district is +wall author o enter into agreementsf or the transfer or do—livery ol water to any person, district, or otter entity ' (paera. 9, Sec. 5, district acts see also Sac. 382, Shat. C. ) . Un&r the atate water supply contracts, however, project wafter delivered, to the contracting district may not be sold by the district for use outside the, district without the prior written consent of the state (sea Art. 15 of the ;standard contract provisions) . Zn addition, it is expressly 'provided that the contract and all of its provisions apply to and bind the successors and assigns of the parties, and any assignment of any contract rights is subs set to state approval and to any reasonable terms/and conditions the stats may impose (see Arts. 40 and 41 of t4d standard contract provisions) . :r 3Y.Xerox TeieC4 ier 7021 ; 12- 3.90 3�49PM ; 915444;.9.s - 415 829 11>,80;« a Honorable William P. Baker - P. 3 .. 08217 Thug, we conclude that the district may sell rplus water, which it has contracted to Project, for use outside the receive ct the StateWaterthe state. district subject to the consent of s f very trulY Yours, Bien M. Gregory Legislative Counsel C7 ` " BY 1l..jLllyt '�:i L! l Thomas D. Whelan 'T'DW:emb Deputy Legislative counsel a �r .... ...... .............. APR 2 . om "m# et 0. r 144194, m^x"-rfr rr .. _. WQ 13Wk yCh 35M Rom Put Road 3 Livt mcM CVfli '94530 4 Td hOv-:k-V373 5124 6sdeqlt'Suift ow u CSHfmk 94102 7 Tet+: i m 4151861-14111 Anmufor peh*dow C F LVEMORE 9 lo IN THE"ERIOR CCiURT OF TM STATF11 OF CALIFCIRNIA IN AND FOR TI COUNTY OF AICA 12 L4SIi DIVISjpN 13 14 CITY OF Lry-EMOR,R, � NO. 15 I" aot 16 V. ) NONCE OF DnWr To FTt.E . CEQA PhITMW AL hMDA COUNTY FLOOD�.OL AND 17 WATFh1 �3RVA'IIO1�l"DIS 1"RIG"T ZONE 7; ]BOARD OF DMECTOM OF ALBA COUNTY) 18 FLOW CONTROL AND WATER } CONSERVATION T1WIT=,ZOM 7,DM I -19 duwvw 50, 211 21 } I • 22 SHAPELL,RMUS'I'RM,INC;"Mam E 1 RANCH PAR ;1S 51 23 Gmuo I90, j 24 Feat Partici Int. � 3 25 1 26 ZONE 7-BOARD OF DMECTOU OF To ALBA CC#[IN'1'Y FLOOD ODMOL AND WATER COIsSERVATIpN DISTRIC[ ER' 27 'WATCo NS1iRVA n(3N DM T'RICCL ZANE 7: C OUI+T1'Y FLOW MkMOL AND 28 / I PLEASE LE,,+ TAIL N(YnM vnd=Pubho RMWM CO&moa 21167.5,do. CITY€3F'L �' IV70laW E, St+es s peditk*trader the Pmvisi M oft}g Califs 3 F.umi o AC# ,WA COUNTY R13 CONTROL. 4 .AND WAT y t CONMV,A 1101 DLS'I'R,ICL Z�►NE 7. BOARD 0F DIR,E�'"1"+C)RS OF ASA COUNTY FLOOD CtlMMOL AND WATER C''E)I+1SEXYA1M DIS'I"RiCT, aapaw ofthe lrinal Sapp€ Repoft 7 aftti&d by indent Zone 7,m lead agcy and ttaIW on isqprevvl Of frAe ftbftd s gmmcnft Zone 7"s p u de i"in tdr scirvisye 9 � D Vancy&MOMMP*wt is an mine tod Porion of C+oaft coaa tU county. 11 The Peron will fo toli, 12 of a grit ofa and ` adde ft 'of M�Zwe 7' its'Zone 7. 13 Baud oaf&ying&e complimm Ofthe Final E 14 Ts ewxxgim of&e$roesammuoutsincluded in the naua stnaskrptct arT 15 &v ns Wa�s, „ 1 sL3�A�pari is WWwBMMVaWaCCbftV AVmm=4 and Zime 7 EaM mrcw 17 );wW&writ of spoa is Zone'7 mace zee 7 Dowd to heaeeforth Fmad in the UM— q-&,d by Im I9 24 ANTOOM RosshEAW 21 D zr.d: RWER B.MOORS 22 CINOF T 23 Diol G ...."" 24 AwWw City AUmmy AfWaray 35 for pedtlanei LNERMUM 26 1 27 i 23 2 Thomas . Cutty,1050 348,City Af Daniel G. #1441 2,Assistant City Attomcy Gabrielle P. '� bij&M#17'3609,lJcput�-City Attorney y j 3SUtl Rubes park 1 3 Livermore.California 94SS0 4 Tekpha t: 9251373.5120 Antonio ; S R cc$. #51471g , b 39San HayesS suift one Telep :413/Ut-140i941Q 7 8 LIVERMO 0 RE 9 1 IN THE SUPWOR COURT OF T14E STATE CSF CALIFORNIA tI IN AND FOR,THE COUNTY OF ALAN 3A 12 EASTERN DI"SION 13 1 14 CITY OF LrVE RMORE,a municipW CWPOM100. ) NO. is p � } PROOF OF SMLVICE OF NOTICE 16 Y' ) OF 11+ffIENT To Fii E CEQA AL.A +rtEl. A COUNTY FLO(`)D CONTROLANi) � PE'1'tTlt 17 WATER.CO S£RVA"I ON DISMCT,ZC3NE 7,BOARD ) OF DMECTOPS QF AI•A1 A COUNTY) 18 FLOOD CON-ML.AND WAT'El CONSF-RVA'1"IO 'Irt'DE MC ,ZONE 7;IOFS 1 i 19 through 3fl, 20 21 j 22 SHAPML IN'bUSTRMS,INC,WME1++1ERE RANCH PAP.TNM;D=St tl wgh 10() j 23 1 24 Real Parties m I I 2S ) 26 27 ! 29 / I I am emPIoyed in%t City of Livermore,Co ' . ''of 't`daIam oytr the age oftighteen 2 years and oat a party to tht within exttitied action;my business address is 1052 South Livermore 3 A 'LSM Caitfem 94S50, 4 Uu the daft given below.I served a copy of the attached: 5 I+IC►TTCE OF DI TEN?TO FILE CF-QA PI f-nON 6 by placing a Um COPY of Cult&cmm in ttte Ijbited States mall,is sSeMW davetctpe with 7 .Prstage MY Pm*,d,as follow., 8 Date*fdoposit; Ap111, 1998 9 Plow of e3�eposit: Livermore,California lC► Addressed as,foilaws: Arwdeawre Ranch Past ners II Me W1970=6 F.Atish ChVmtn 12 150'Post Street Sm Frimisco,CA 94108 13 Uvell hies,Inc. 14 Oxon UX#0563862 eJo Chrisdoe L.Herdman 15 5383 WIIS in Boulevard 0700 Bevedy Mils,CA 90211 16 Almmb Com. Flood Control 17 and Water Consavadou DlsriM Zom Admials"finnoffim 5997 parWe Drive PIMMIM CA 94598 19 Board of DU*Ctm Of'Alame&Com 20 Flcmd COMM and Wendt Consayafictj Dz Ct� Zone 7 2 f AdmWbuation off am 5597 Park"hive} 22 Pin;,CA 94588 23 1 decime, F'en&hy ofp dUri,that the foregoing is trove amd correct. 24 meted at L v+c mre„Califon W on April 1, 1 25 26 27 28 2 I THOMAS iL CURRY„#5034& DAMM C.S ERCRN,#144 Ay t City A r GABRIELLE P.WHAM,*173609, y C 1Y Aomq city OfLivamam '3 3300 Robertsm Pok,R W Livcrmm,CA 4 TEL= S)373-S12D 5 FAX:(97.5)373-312$' ANTOMO RO #5'1471 6 ROGER S.hfooRk 01"m 380 7 fteek sub*one Sm� CA 94102 TEL-(41 $ISi•1401 8 FAX(415)&6Y-112' 9 Attorme fig-Pefitiom YO CITY t71'LI�+'11fWOR E 11 12 SurmuoR OXMT QP THE STATE OF CAL ORMA 13 COLtNTY OF ASA 14 xs ' cn'Y OF UVERMOM a mu*cipw mporAdm 16 17 Pexitiaaer, � N�C�►` V. 18 AL EDA.COUM+ FLOOD CONTROL AND PErnioN poR WRIT 19 WAM CwZONE 7MADATEBOARD OF UUMCMU OF ALANfA COUNTY 20 FLOOD CONTROLAND WATER CONSERVATION iO11 DMMUi+i,ZONE 7;D' I . 21 ftou&U 50, 22 Respandenu; 23 WDMENMRE 24 �DINC.; 25 Re Pmtim m humvxL 26 27 29 Pftdolw CAYOfuvwwre hereby prions this Chert for s writ ofinerxfete 2 imemed nests Ahmeda y FIOW'CODW adWaW Co.., 3 7 C" 7'},and Bmrd OfDkectmof Ahmnk COU*Flood Comrot mW Water ComwnUod d DW&M Zone 7 C75mc 7 s DrM ODUCTION 8rMs 3WOn dWkrM res oidem'affrOW ext `ore Of the mon offfn added WdOtiM Ts partici,6M i,pz 10 s rAft to the DoE, 3,V*MW dpMppmew p"gect in so , xuporreted Porfi=afCoetra Cresta 1 I Cormy. pfiticmer duneqm 'fi r or**rmat fiul, 12 RNPrort{"FSMR*)OerMed by .ZOO*7 a had saawy and TWW an m Vp ovg of I3 tbaae r+da�nd T'a�bm�, watts art a prat� , 14 fcd+'fie Wa W PZ4=WaW WMMM*=MPMUC WnCY BaTuida Mesa Wer Daull 15 C"Btrrered$Mea$"j to mea Zone 7,and to h"Z e 7 whotemile G*balm AMOM of 16 mbed water to rewms"e itaway Du'bra S (I)SM")fcr um in the 17 Iotegfterty Vancy Tba UUI&r is dcopeed kweire.tree s+dr the <,.MW&,ay Wetex 1$ Tra" 21 T1r„ufirrvic hLW the NQukwmft oftlh+e Cain En 22 Code, f§2 1040, et seq.j_ POWOW Oftft as a.cowequenmtW the pn*d as aPproved maid 23 rice the rcl*Mty*od WO&Y Of water P VYWed by Zom 7 to its=rem waw&VOy wstomus, 24 kdlurmg Uvam. PCW*v&se$ks a ru=wWr}ws.'sc of mandaft spim raVoedws,, , fW 25 project xpprovW anti uatkWfi lty eer-dfied Fs SES,4W other r as'domwd'a P • 26 27 28 2 PARTIMs 3 3. p 'amore is t vn C19-bed r�nder tie` of the State of RW=iMsiniog 4 � �, ate!rr���ibka�p� 5 and r for, mWelpat��to bees: �, 6 + stot rtfand of its citizens, Limas a water supply +eat a *+M 7. 7 8 4Req)owmZmw7��;�' �*�d ut►der the lawsofthe ;°f�`+�+�, and 9 $self �t+aae cf th a Atataeda food Cou"I and Water Co�aa�t suh` 10 �and aP�m ncd m 55-36 of the A kM 1 to the �i Cc� ►on Act and other f ��'�C1 and Wat+tr Ous of4w Acct rUxtrict.Act,"'WSW CO&mcodEfied 12 Ss). Zone 7 Wved ebapter CEjqA ked spacy Mom t4) the mview and F 13 SEIR&,ad.that VPVW of the 14 '4ft+od+x Tim, 15 5. Rase ZOM 7is tbL'Pv*ft body Bmd a 'Zcaae 7 oftfie � 16 AP1and Control and act to the&WO and t 7 l3istr'ict Act and otter �� �s5'.38 of tht I6 r p� ar `sties , As Zone7's Rayer �Y�t6 7 Beard eras aVon*k for tha ftv3ew and=Wkmdm cfthe V-VW SEtR and the VMVVI 19 the�''°U *Wma►r?ram c#`; iah 20 21 6. kespotwble aged►Dublin San Rataon 3 ewvim DisbiCt CZsW) is s pubfic 22 aPmad under the laws ofAc Stag of California and entity 23 bict Law "ect to the PovW G(the Com a nk 2 Dough"h � �W1�at seq.),under the p�«M DSM, d�tba erty hater 7'ratx by htvttg ,Oae 7 whoks*it 7000 sat-,fit ro provideo 25snbs+�ge, t use .water �'�'liar its 6u tie Dou§ ty'Va : Costa Cotte, ht the �& P Fs'at k erect appma 44kthis,,W in , respondeft '27 � Wi +rovedTspa es oftheeements'wm and 28 Ca*m bemw�Z=I Wita Apacy and 04fin San Ra�n Savicm Dbb*X fairs , , hetpaI and a � i+' T Water s"NiceM OW `^s + to �. - .• ►) .ft rr.••a m vw f • A 7. .a _ wretwo men wow is a }\2 H T ^•. T tk kkh k +_ • t 4:1 T .. #f♦ }.t-, '.ila 11 ._)F'w ' ) County ! tS -t} R h # LM OtSadzed under ♦- ..fry w)•Yk w#r �}i # :y 4:1 to a M T •2r .. - t'. .•Y.• }e}t t a •t4 t w/i •s t � y,�• > >V !i w•#d r6 ,.. a ak. f.i • ! a ' to )x. ..k urr ^)f::ap of tt.- i ♦. StorageWater +a 1 sembooc would 'rr by - tl ) w> •'a )#T' x t with # ..tr tit a ukame use to Y • Ckkef y k•. rt I a * r. in coaft M fki I t).' T ..lu }-{ R ti-- S;.k,`.a tP tt>>., asaFd • > +•."}♦ }.a ,>a! t 4t. 1 .f -t#.6 # I.i.) rte_• }, u• a)n a r.4 -aYa: • •. i - t T ..+t i#t i •1 • I 40parbUcut of the Stan of CaUmis, with headquarter in ft City oi`S&MQefto and charged by 2 lww with tit MMewW duty ate#r"PORSVO to=mv the Stade Wster hojem Ung the project, 3 DWPL"utd aid MSPOMM ZCft Ts attar pipply cook=to itiams"ns*T"A"eabd enum 4 by 7000*cruet,&Cgitatg purchm of 7000 ac% t fttf Y.au`3 Pumon of Stag Water Prciw S - Vial sWeaulm is pur�to the MO'We W Amuidme to the sate Water pmjoM 6 which axstcag other for the tra l of p to 130.000 acre,-tom of 7 to urban - Ia the project MMMvV-9 4-9-.td ba suis pe#tt resPo is*1 W*Vad arrd atAMizrd=..a[.'0fAmmdwW No. 19 to Wittig S 9 beta 11WR Wd Zcw 7 rZons 7 emittemm amendmeo '). 10 Z1 10. pmIntfUladan' baW I2 ad �sgega that reg party ns ift=Shape Ind ,bc. ("Sba`pea-)m a DdawM C rgond m- SbapalL°was of the devdopars of the nougheny Vey prqg'a. w be !ec ed by the MMJM sbth'fsty or uotva slab ty of the water prcrvided by f Sharty 14 W � and lu 1�kw *W". along went rest party in inte�st WM&=M Rawh Partew%to Pay 15 $or the wwer prcvkW by that tranifer, 1� 17 11. On infonwtion and beW petl�aleSu that fW parry in ktereaW 18 Parbifts("W=del wre) is a 0tl wmk linibw gip. e,+cane of the devdIO of the 19 Dopy va&y hgact,wf be affected by the avaftbffsy or vnavailab3litty af&g W.W 1�ded 20 by the D040aV WOW Trate,and bas agreed,ala% Md poly in invite: Shpeit huhr � 21 Inc.,to pay fO r tho water provk%d by that v=sfkr_ 22 23 121. The Uft zee#ad cipadd= of Dan I through 30, "d 31 dm*ighI00. hchuiv% we 24 unbxMn to Psbmxw& Pe&mw wM this moa want faith the tray Datrres annd' 25 of the Doe r vows a or real parties in interest as s.:,,. they bake been as+casubW, 26 27 13- P+etkiQn rr•blas a dkva and bea fic W iii in 28 tha Pian As oibated by fes,uWawlW PMF4aPpr+v*,liie Douglr",vatir Tn mal 4 1 would tie dw raWMI ty and TMIIy Of water prr +ed by reWWeW Zow to fU water supply Ciistoi�f trgr bAX0116lavretMM in but smt Smiled tc•the fonowbV mpwft:.. 3' 4 (1)Un oft St ttth Bay C��'l'�,o&W water oan�A or both is the S Doo party Watex Tragi wilt reduce reliabitrty of the wear supply to Zme 75 water supply 6 Gusto:yrs,bduding uvrmore,since Zone 7 wM Luk the roeiairig apag&y to Ivey water to y these custotaers. 8 '0 (3) fio a assouatM with. tete Dough tty Watrr Trir WE cause 1Q t �MPUU opus the water Q3!of WAM and gr'ou►ndtex stttuces. a1 12 C3)monad nuand use argtv=dwator in deet with thr Dwsbert3►Water Tr 'er 13 will atm b0dop of salve in the'Maio C1t'atradwatxx$aaa is the Livrdr>a -Ama&r yam_ 14 13 (4) IMUNO growth indi by the�Wear Tratnerf r Foje t seed , 16 �,m�m��,pto1ea v as wo as camr>sive naaeaaea Ingrowth 17 &,,DMW sad W*ttd in thtd PtW*will tedme the rtabl'fity of water 18 supply for Zone 7's antomem Wduang Uvermvre. 19 20 21 22 14 In 1951,tine C:ouoty of Cornea Costa c7drtt W a final - twpoR fes, fled 23 appavcd,**Dojowty'i A&y b7q"v=CW WJE,6Audireg a am"plan .vecific 24 plan,,and reined WvjW VKovgk. As su . somded.the Vedfic per+eta`s�a glM for 25 d*VaO MWCl Of Mixed-use eOm"w*y within The V eY.Including the coj��of 26 up to 11.000 nnide=W &tong 94th commacW and odwr traits sad a:rsociaaclScr, 27 ir�5;xtsnvr�-tare. Cwt Ce+�a mod the Eaa�t 8sy�}��Diet�" tU31")art the 28 PlIftned Provickw of`waEarservic+e to the projeet, The DougMny vz&y,om u ft its CMP vWIM 5 I propsarty, includes apprI*IdM t*W97 arm in train q"Sed Copra Cosa CM%y,luted east 2 of the City of Sats R on and scutit of dw To,,.afVtav3ltt. Raul property ie the 1 gfieny Valley 3 is Owned in port by tqW-partim In iderest ShVA and Wm&4 re. 4 . 5 is. Alta Coe m Costas approvM af'tbe somal p1m uwn&mm and c plan,gRMUD and 6 other petwonara, not bduft err~, sued C"tra Costa itis that Cot wS SqwiOr emu,, 7 sIld lag violstionB of C t' A sad it oru3atenclr tit Coca m CO=,S gwaW peg-Afto Sh those S Pe6�wm peavAud in to trial cmrt,the yd*giort seeded wha pmdaz on appw Sed the U"&r. 9 00urtiudgmeat was vacated as pert ofthe settlemem. As punt ofthat mWowm)t mxrCOMM to CW4 Wmdenwe and Shapen agreed to seek a water service Provider dttherrthsa Enum£err the 11 DmWmty VWky dedapm g ufi*UW in the Wed&pt. The SCIdWS P"-wed bSltgb 12 as the Preferred water,aupphes lir that dev+dopa�emt. 13 14 16. Ofthe 1 l,t104 bathe tiepho, EBUW WM 15 previd* water for tic 1216 devices pkaned fvr the, Couaery Club at Gak Randi. Site 16 agremagm a0&kww odw r nCCI-ffiM D mjrm ofwstcr wmuld bre SOW&for the remefi* 27 9784 units phmned for the DOuAbwty VaIIcy. The Dougherty Wow Tiransmr 846VOW in tib 18 pedtiOn is Proposed;83 a me=OfPrOvift water to support that additional de<neiolrnteat. 19 20 17_ In 1994. r wwble agencies DSM and Berreoda Mesa entered itt�o a vowpurc6as�e 21 $ ,in which BermAa�agr�to�for delivery to the Dou&mty ya ey up to 22 7000 acre-feet of Its pomon of K"n's Stun•Water Prdtjedt Old to DftSD.Or et6)W to 23 DSRSD's a8r6emmtw to uvmfiw than maidcoxw is der to Zdat 7 6or oto DSM. 24 25 !8. ReT�1e WUq Oweada Mesa pined an E1R acidrtessittg a ptMaw riurmd by 26 8cTenda Mm to Vans&r a UOW of 7S.OM Jw feet of water to turd parties. Thu pogram F, 27 pry in 1495►was catffied in fml lom iR 1996. Mm Pwporsed ausfer of-mo aaaAu 28 formes pact of am program. The PIm9r* q MR wFusly did mt add-fits ire Ah.W-aper a 1 COMM Costs ,and imtead Focused oa WAPACU in Ke m county. 2 3 19- Ia 1995,r"POW29c'a8enCY BaarO ds Mesa also rapested Mpondent Zone 7 to consider 4 at the ddivary a!trcxted weer to the DAY Vary,either by takhS tithe S to the tf=OIamed wSte UtMemods and whol asake an tWivakA amount to Ate,or by adeting 6 hent a cOnum wdh DMM addressn water tramper n,h'ast:nga t r storage servWs. Insari 7 Ord*Kopnw3 Wmadbu to that d*My,y,Zone 7 would also mfrs into s�with S apic 8 to store`wader atamed from Ser aWa Mese,prior to its transfer to VSRSD Er day y to the 9 DoW3herty Valley. 10 11 20" Restwr} tp$ Meaa's Zone 7 acwd in;1995 to atrdwdzc a 12 study of arraagaemmta VW WWW stic W ZM Ts psortic*91on in the t www r of water to the 13wty7. Zone 7 rrlened that sturdy,the est.Iosdnrricrasl&r 'd at . 14 oft)ptivns for Prov g lister to MughoW Vsky CRD g,,P,rt-)is September 19% 15 16 21. Tha HQ eyx%MW tree a;Pr a Mcbes for PVV.Wk*meter to the D*u VVWky;the 17 ""Wtw"Via&(v&M Zwe 7 woald Wee1w the S"=titlers eats am BMW&MM *1ri88 r r and then wholmie,an ex1wva#e�tt MOM to DSM fir service as da~Dvugbrttr Valor i7 . espcnxrbdity for the rrdra Say of dw servic a j.sevexai�v�of a_VeCW arc erml WViW 20 apPrt (wire Zone 7 would provide eenveyanee aad semis, but D;�RSDVvOuld 21 rnaintai y f fire rnliab8ity of " ). and several Msiow of an _in� 2.1 app(Where DMM or M3hdW wed let vwder*p wide;serviee to the Dwoe ty Valley, 23 ana Zone 7 would have no sponfib7itiat 4390cialed with that sa^vic e). ()f thg throe approach, 24 int�'�,amxje plan the fage 1)ot Sherty Val*s4rvice area orr pw with cdxft as Zone 7 at ra&**doting sew;1ny,water Tudity and wxw qu&uhy of 26 Zone 7 supplies to"istift ea amens. 27 28 22. RASpdndeM Zone,7 diredvd the preparation of proposedOWe emcnts and odw dommeats 7 re g to DwSh=ty VAR ey wwa mvift zMAIAM WM the-Tull Integratioe VV..h i,the F1O 2 RePM- Zme 7 also&ecftd its staff tO CO"duct an erMtO m"W Mvi+ew under£SQA prion to its 3 excroudim of any w4dw sg!rviox IWIDCWMUfor tbc DOt I&vty'Valley. 4 3 23. On Augvg 6, 1946,ftqxedmt Zotae 7,wft as CF.QA kad agency.kneed a m►tice of b pian(Nop)for a Suppleammtatl Fi:lt, __ pmpftW to th treasfa of waw cutitlen 7 *Om 11CM&Mesa to a tlur Zma 7 or DSRSD, for tut fm tbt Oe►ttgltt..y VaIL-y The NOP 8 eftcuiaated for a thirty`&'paariOt Public agues allot Wooded limps aid wdivkfuials agave aw 9 doubts Abow the lr$gality of the prOPCN ed*ausfas and coomw about potential M*d imp 10 iucludmg advase impacts to water availalbilny and q0AIiIqF amaag a ldstiag Z.,- 7 casWmocs. I 1 sit s C4=am wore ots wud at U DOOPIS ModiAt IaW on Augcast 21,19%.'' 12 13 24. In late A99USt rind S*Pt$Mbcr W,VINVOOdat Zme 7 rdowW 40d odmditd itt DtaftSM 14 *wig tltc tamhr of vwatee emtitient wts&OM Sats+asa&Mesa fum�the�� Vim. 15 brae 7 circutatred*0 V taft SM for p�tb&inview farad cammeaat fbr 4S days,ba*wm umbar 16 S, 1997 and Ocwba 22, 1997. Foot em public eftyw and irate n mad roups*ad hWh d s, 17 imiuding poidow Livetmro,mgmgUrdvMft=ori out tb,Draft SELUL' 1S 19 25. Public cownuftscadmDrA SM R xaimc d a ramVof ,a+ cxpmssog coacam mut 20 the legality of the tumfi=and dx*lily kWj*Ott the quantity and oluaUty osfwAW available to 21 IdSdu*Zone 7 rcrsstomms_ COmmeatm otftemd the I:.Ws f urs,to ad"uA*W&M plgmt 22 impacts and curumlative,ikVatb.,the inae"=Cy oYfpmj=t zm `tigatiort.and itasea#e anaty&of 33 piojoct ales, 24 25 26• ROspoodatt Zone 7 mkmed its Finial SI R,incttt grmpo 26 17, 1997. Ch1 January 7, 1998,ToSPOMIM Zme 7 Bond bcM a public beanrixW; �it vo>oed to 27 cgfdfy they legal adequacy oftlte 1rjw SEtlt. 29 8 1 27. On )wary 28,' 1998,reVondent Zone 7 Board held a tubk harint ad&essinj Zotye Ts 2 pmposed approval of the fm VMpoW qVeernau a mb a8 in *e I)ou Water Transfer 3 projext: the: USR ? wuitr **ply aatrrra thr DStSD +escrow agreca*nt, the BMeaada Men 4 PurcbAft ASMemrnt, the See<aitw* Water S*ftW 1' V*NrAd• and the Zone.7 Entitlement 5 Atnendment.Afterham#ptfto test Y,incite tammany w oppowbon to d st sppre vo.the 6 ?xtr�e 7 8 v tcd d-1 to asdharuye aar $irgrova the eoc oftb a a s. jUbow4dw 7 adopted fid a stateept g ofovalidiag dmsidearasslons„wd a mbilption sr:exhoring pis& 8 9 28. Cd or sbow Inuary 29, 19%, mipondeft Zone 7 MW its aotk a of apto mierre#ion em the 10 projon approval bond oft the Fbw s£ftt. 11 1.2 29. WWO 30 days after to aftha no dw e�'deai�ieactioa,on 27 F'ebrawyr 1998,pioneer 13 L iv+er aom wcexar W OLtdbg Weemgnt, dw MMW by respoadit Zane,7 and real pad"in 14 inteareart Wi�ddexzrt atnd Shakp , as ss retie 13SRS That a raid 15 the coruwreoe of the emttftg parties to ton the firms per m! sir CSA. for the 16 COMmencemmt of MW WOW&VAM Zein 7 adsh*am Of its approval of tM tkar,rg r Wa a 17 Tram for an adde`tiwW 30 days,utatg,rod kwhxbg Aprg 1, 1998. ig 19 30. Pe~ti lona bis performed any turd alt conMons precedent to tis petitioft`and w&sug+ed aR 20 adrabiwative romc 5. Respondew have taken'tom&d a Mon on the MR c erWksd rn and 21 project approvabd+elm tW aba+e+o. Noy at law ranains whereby ped dow can same relied: 22 from these ach=. 23 24 31. Alt of the salons oaf teak dV=against w petitioner seeb rcW took Place in the County 25 of AbAaeda. The uderaft of atrtreru water caw==+afzone 7 wdbm oda,ichultvg pgwow 26 Liftral0re, will=ffer substsmW eop y if the mercy Warier Tra nsfar pn*a is 27 as approved by r esponde=. 28 ............................................................... FAILURE T ADEQUATELY AMS SIGNMCAN'T PROJECT V'AC fS Mwwon ofCEOA) 4 5 32. P itrcc pmattas by Mf'�W though t'set forth PX*VVtM 1 *rMAgh 31 6 oftbis 7 ' 8 33. CEQA PmbNu a land y fltim a pny*g s prq a ! 8 on&bcm effect an the 9 zztvironr»e� witbaa t lust'pnoaft and cadrybg as hmVsa MM aditp mdy 10 ash a#1 A im�.oftbe projut. 22 12 34_ I`be Paw MR us to *&Mibe aged wow.,sigai5c.kv..,oftb�c gam,sa 13 as to pwAe dacasia"aakem,ate wffw:mw wibnuuku aMMM9 a deadon tha WWW takes 14 ifto M=wdeusrnr . '!'best MR also&%to ade*lt*btu►amber oftl�e 15 p is aftbre emriro aes Ottk pt's- Ybm MUM of tb+e EOL inch but we 16 not limited to the Dwivg: 17 18 a The EM ft-b to w ideate►and wduNft MWMS On amt vm,iq aty.es 19 a rawt of dwdCO.eiom the Dm*b"Va1ky f tatesf by the 13o Katy Waw Trae,fLr. 20 21 b,' 7k W'R fads to adequady 3'and evabise ingam an vVw amply rebabihty 22 and water qty of dw prveyauce.nachammormechadsm used to ttaarshr vmw to the 23 Doughaty Vatiey_ 24 25 C. 1R faib to adequately 'aad malume V wtl&inds =pms of the 26 Pm1e4t, bickdimg but no ext toed prof .� ch On the widctidoped Tara Vary. U� 27 "wgge of that 6W**=W a the Egt'aj&M to adt&.s 28 waW duality OfajMband develapneft is the Taaasjam Valley. mb�WW to 1 +d. The EIR t;&to adegy ider*md"Wumc 2 mc}udi g bur r"timitex!to an VacW MWSpMft and their Mbam. 3 d ° The EIR fib to Y Wwttfy anal add,. 5 rescroatirnrai des!of ONPMAhY hCft" m Order to meet On imam} demand 6 Scacmted by*c plvjga. -- 7 8 9 FAILURE TO ADEQUATELY ASSYM CUMULA'tiWE BOAM 10 (Viabdoa ofCEQA) 11 12 35. P WOW ifm� by'rehmce,as&xWh SlOy sat forth berg,Wagm*1*rmo 34 13 of this paidm 14 1.3 3%. CEQ►A probibits.a tad:agency from WmvinS a Project havlz g as adveim affiedt on the 16 envimunw= Wfth=. Prepulagand Orctioing an eco vhvnmeuW moa* 17 an sig caw Cumo alive of the 18 19 37. The Fioai EtR**Ma s CEQA beft"it dons not adeque ely Wiese 20 Pry in comaecdorx with other4 developxoent that is taa�oaahly �Ie � or approved. or tsas been Y to voted. lbs What MAmid.,but is wt meted to,==to m 22 *Weft of&-vdopmemea water mp*c'r1btHity and water qusay. 23 24 25 26 27 2 FA1LifRE'ro AbEE I£TA' LYESCi E MWMG ENVJROhTMM 3 (V-tolatioa ofCEQA) 4 5 38. Pefifiomicofp0mgm by nef e, as th040 My*A ford herr, PIMPaPIN1 tbrou&h 37 6 orthis pe ddon. - 7 8 39. CEQA.reqLbft an ER to sdequaWy&=ibe the ==8 anvir0=004 mor to appror 9 t Project dte r%g tba mvtt t. 10 11 44. Tim AngEafib los&Ww*etY du ate to edstiog e5n*o w*a. Tltst a in&we k but 12 is not liauted to. on MAdsted � itnrc=aEte; • ftuag0, do=iptioa of the 13 `As an w ample that Sit.fttU In ffst or mvp� tdy two dcum,tpmw 14 st"p1 mt and ImbOd OPMO*c been docummw as present in the Vw"x,erg apt fan 13 oo=%utesz to the EM's Wadeqwe=alp&of the haPad Of pr4=an m*W mfoa 16 17 19 FAJLUM'1 O ADEQUATELY AWM PROJECT AL1"ENi+ilkTl S 19 (V"tolamon of CEQA) 20 21 41. PttdKlw MwWstw by rdbrtwe,as dwuo fully sea forth leave, 1 tbuocagl�41} 22 of this a 23 24 42. CEQA X1:3 a kid VOWS ER to I-k"W g�l'e a of Vie:aft t� 25 may rWuc a the envb ammd impact oftbe project. 26 27 43. The ymM E Mt Ss to avabime a reasom"e amscof PmJea � , 28 fixAmles,but is t w,its i plett hat hHure de on and unlysis of"Alter 1"Itl ft 12 I EIR. 2 3 4 FAJLM To ADEQUATELY RESPOND Tp COMNMWM (Vidb ioo ofCEQA) 6 7 44• peftom "00?O etes by fdatace,as thotsh MY set fbrtb here.pwapalft of this peen 1 through 43 9 10 45. CE QA mMm a ked 4=CY to +t't+alUUC Md respond to eU a cr al comnumu it 11 fectiM Do tine drab ENL wi& the pobhe inview perk, and to PwMe Soodr=soaed 12 analyses in nmq0"w to then coumum, 13 14 46. The Fmg Ek figs to a deWn*respoWto mnm 15 review pew, • *000mraenU rsla d ng to the EW5 bu&mpme s orptej"impM std 16 etan Bdw is hadeqLaft and kqpmsx*did add9adom aad mvkw of pmjam 17 a kft-m dvas. The EIIt&ho fa-b to adequaUjY address pabiic COMMWA qu6w aq the vfiec4'on the €� proposed prejea Of p0a&V lbpfiw dmftaVn6 the d0mmuftt on and vandity of 19 the Mr mmey Awa3dmts to the SWe Water bojed ooh, 20 21 iUc An » 22 FAILURE To M'l MATE SWNMCANT PSS3 WF IMPACTS 23 (ViOhrtioo crrCEQA) 24 25 47, Petioc"W hxOrporaw by ce6eremey as thou b My sec fbrth bean,puWVU 1*JVugh 46 . 26 of this petition. 27 28 4$. CF.Q.A kad y to =d adopt ate fmak midgadon mea that w Wd 13 substantially tesm sig ht envw=UnM21 efl+Cts of It prCiM. 2 3 49. Tte F' W OR fi&to WarSfY or adopt fe,'bte and effeajw mitigatioa to lessen 4 O p*e"Vis. Thn hadequacy kdUd",but iB not aimited to, the&g; 5 6 a. 11m EIR h�r an& e shies and vo 7 to � a cats to WWW"impact: SASOXIt d or guidarux to�low air ii�tlsoac,impar,� 8 be m e'rgated. h a#so pp'}�r as fitwe skWks to medgate unpacts on Wate,,' Y qty 5 due to the eifat ofvnm% water to Dc � VAcy, fto%h coav"mech&a th& 10 wouldOtherwise'be.xvafl"to the nook ofZoste 70s eta$service aft=d custom. I1 12 b. The MR bVmpaly defin MftWon Of such impaca as thaw an 13 qudtty=g a%r pro3w cxmdwn.. 14 IS 16 INADEQUATE FWDWGS A avERAMRrG CONSII}MATIMS 17 (ViOMOn of CP-QA) I8 ', 19 50. P61600W klcrates by rdere",as though MY set`6)rth here;puWqk'16rO46 49 20 of the petuitm. 21 22 51- CEQA des a lead qM ncy aWoviog.a to adcTt $ that are M mangy 23 coctsxs+tw#' art mt qty. and bridge the 1p boveft the undettb*rMem W4 24 each finding. 25 26 52. Firndittgs adopted by dent Zorx 7 Boud in support of the p appl,val WO 27 *Onclusor+p, ftw=11y txMseateot, and Aff tothe tmderlyim�g bt?dBe the U*tkw 28 Mideme and es eb hurmg raw*w3de tr&J48S.mckWIe but are haat hadw to,the c wdusion 14 that Med MXVVW WM ACK A&WWY ARW ZMW TS ability to sem*the U006 ofita MVXW and 2 aantidPOW fittWe CUMOCAM within 2W*7 b ri.s 3 4 53. ReSPOndft 7AM7, ftOVIgh*e Zow 7 Bo ud,tiled to ansae an 5 of ,oven'ridtrag =Wd&atk= as Mpiriod by CF.QA fDr Unavoidable igW� bane the P NWOW Sh&M as to ue�rr ddA4v k9scu are not Wobd on mal evidence in 64 ftcord.and 7 because the AgigmM that supporU the sogpd bOM&Sof t0 Pj. supported by an It Wequwe"MwM Offi9ft uplabding Itie beneft Used va=Wtamial cvid itt the reomd. The 9 reocatd WU cvi&m WainS the a for be eeWkW.4d by glowing the uutvaidabk 10 The coUCIWocc thatbene+Hts otawaWm I't iWOOt is without V"PPOM Reqwndstu tbefifore 11 Proms on WafficMA'&rmat'om*M dw cmcgcterncets of approving the NagScty Water 12 TTaos&c Projeog, 13 14 15 PRAM FOR RAF 16 17 W*MWOP ,p�LivW=ft pro that fW3 Coact: 18 19 {1) bz w its writ Ofmandste setft ams the acdo w of respoudow Z Ont 7 aid ifs ZOO 7 good 20 Vie$the COMP&MM of the Fv- W ER wi*CEQA; -W VW-*a and su ti6g Z.Ts 21 a xuatioa of the five agree+#>eM bWtWcd is the Dougherty Water Tran&r Pct{nsmdy,the 22 a DOM Water&VPIj COMMM1 D EWMw Aruwen4 Bermn da Mesa PWdWft A 23 Sem M pk Wa►teer Bind%and&ch=Pe:Ate,ad Zom 7 FntMetuen t )�which 24 writ of mandate duM re quht rcipoudeen Zooe 7 and Zone;7 board to bmcdorkh proceed in the 25 mer required by law; 25 27 28 1s 1 (2) Award pcdtionw Uvarmm its costs of salt Wd keys' fa*;ad 2 3 (3) mat such r mbef'as the Court dem 4 ��Tyj��;����AYS , ofLivr+e 9 LItrCOrce 10 11 ANMXDROSSMANN ROGMS.MOORR 12 13 ..,..` etftior�r 14 1S 16 17 19 19 20 21 22 23 24 25 26 27 28 16 i VERUCATION 2 I. C�I#Me wv,,:gum the Mayor of pedaamr, Culp of Livel mere, and am' authorized'�" frcsucrn Ou bebW of pedtioMr. I have read tb. forego 4 p"Won aW CoMpbft atwd SM faMilia wltlt#s CMe=. The f a=MdW is the 5 and Am tree Off petition p�k�wwledge. of perjmy under the laws of ft Sao of C vr.j. dw the 7 fbivVing is tree and conj=L s 9 14 12 Tutt: AprH 1. IM 13 ! dAWR0%, MAYOR 14 r 15 1 16 ! 17 20 r 21 r 22 t 23 r 24 2s r 26 f 27 1 29 1 ................. ...................... .. ............. PHONG N0. * 5109464565 NAMP,AND ADDRe$S(W SMUDEA. Pat cauff U#V 00UY Stuart M. Flashman (SEN 148396) (510)- 652-5373 5626 Ocean View Drive Oakland, CA 94618-1533 ;^Sept n#pne as coon,ludwal dautzipt CW twoftktoun-#0 ow.aft*Post**ce 04,0 St oat Adgwess Alameda county Superior Court Eastern Division 5672 Stoneridge Dr. , Plisamanton, CA 94588-85a2 Citizens tor 111.1anced Growth OffER(mr4T, Alameda County 'Flood Control and Water Conservation Dist. et al. NOTICE AND ACKNOWLEOCIMENT OF RECEIPT Can Mumber I — TO. Dublin San. Ramon Services District This summons and other dowment(s)indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return It to me within 20 days may subject you (or• tne party ort whose behalf you are "Pq Se med) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. It you are being served on be of a corporation. unincorporated association # u partnership), or ot er (Act ding a h entity, this form must be signed by you in tete rf&m* of such entity or by a Person authorized to receive service.of process on behalf of such entity.31M all otheroas".this form m"t be signed by you personally or by a person aumorized by YOU td acknowledge MCAIPt Ot SUMMOMS. Section 415.30 provides that this summons and other document(*) are ooeme4 served on the date you SlOn the AW~ed#M#nr of Ft eelot below,it you return this form to me. Dated; , Npri)L .3f .1990 . . . . . . . . . ACKf4OWL1eDGMXf4T Or RECEIPT This acknowledges receipt of.(To be completedblIfore mailing) t. A e00Y of the summons and a by (originai amendment) 2. M A copy of the SUMMoni and of the Petition(us"tago)end, M Stank Confidential Couraefing Statement(Marriage) Order to Show Cause(Marriage:} Stank Resportsive DeVaration Stank Financial DoeWation r"71 Other(Specify) Date of receipt.. . . . . . . . . . . . . . . Date this 16im is signed: . .. . . . . . . (TY04 ar an"t vow Awn*aft nano ot sm",4&". as Ohm baft"Ihm ftms POW A4Wq"W OW V&u COP osw 41?it, jWM" MOTICV AND ACKNOWLEDGMENT OF RECEIPT Q0 rtes.arcarn C-85 PHONE NO. 51OB4645GS NAME ANri A00146SS OF a!:laeftaR. T6"Pk4041 No, fru Conn ansa omy Stuart M. Flashman (S$N 148396) (510 ' 652-5373 5626 Ocean view )drive Oakland, CA; 94619-1533 'fSafl Mama of iotaft.a4CW 41WO Of o+'altlin sewn.It Mair.0"POP Olfate anal tIMO A4Vo" Alameda County Superior 4iourt Eastern Division $672 Stoneridge Dr. , Pleasanton, CA 94588-8501 pa.+�t+vrafr�; Citizens for Balanced Growth DEFENOmT Alameda County Flood Control and Water Conservation Dist. fits al.. NOTICE AND ACKNOWLMMIJUT OF RECOPT cis.Nf,rnaef V-0149S7-8 To. DublAn Sant R•siaton Services L3strict . . . . . . . . • (kwwt" M of it10uvrtauaE asofnfq"-Vd) This surnnmons and other doCuMent(a)indieMed below tiro being served pursuant to Soetiurt 415.30 of the California Cade of Civil Procedure. Your failure to complete this form and return it to me within 20 eiays may subiew you (cr the darty an whose behalf you are being served) to liability for the payment of any eApenses incurred in serving a summons on you in any outer manner perrWtt d by taw. it you ars being served on behalt of a corpor Oa h. uniancarporatetd a ssaciation (iriciuding>a partnership). or other entity, this toren must tier signed by you in the risme of swots entity Of by a person autnoritted to receive service of process on behalf of such ent/ty.M all outer cases,this form thust be signed by you personalty or by a Person authorized by you t6 ae*nowte4q* rwAipt of summons. Section 415.30 provides that this summons and putter docfteftent(s) are Ceemetd served 00 l""to V61A sign the ACknowte0grrfent of Receipt beriow, It you return this form to me. oaten: . April _3, ,199$ . . . . . . AA W t"wyy►rnu►e at leniafa ACKNOWLEDGMENT OF RECEIPT This acknowledges fecelpt of:(To be completed i Or More mailing) t. (MAcopy ofthe seatn~sand+atthe a on (Origirta1 amendment) 2. A copy of the suenntans and at the Petttaon(Marriage)and: ( Blank Con4dentiat!doasrtersling Stammont(Marriage) ) Order to Show Gauge Ward"a) M stank Aesportsivis 0ectarawn �1 Slank Financiaa l 0a ctsration =,Othe#r:(Sp"to act o ew eefuntaaaaakt by rel Rate of resc"t:. . . . . . . . . . . . . . . 494"Wa of piit"SOM"waai"are a.e+s.*tits►tMgi+f as*�aw+t+a ae�eu►eR 1tlAit�ea alettlaftet p+tlron� Date this fora►is sigow. . Orf*of PnW yaw n&M*afar eanne of*nifty.w seer, set who""W pts taa►+»fuq++ear} foom 04 4.400 At* wNOTICE AND ACKNOWLEDWS ENT OF RECFJPT Cot »at,r�:t e..•..a �. »,,,t.»srs 982(x) (4) `-' SUMMONS (CMA00M JUDXAaL) NEST To DEFSNDANt {Avis*s Acumdo) AtsAA COUNTY f` Al ? iA i FOR am OF C+ OtC FLOOD CR ! COLWry xorr.sawrarseueats gjR REN MR"w*a"Ap TRICT# t 1R lt' O 4 t�i J►TER +Si Sy s.s c wtanris •�1t tOF E ME CONTR T + VittWIT AWAMMY, T 8E19Ar$ +r � i PererN�ler#Y t�r$`t`PtiCT;laic!Ds�889 YOU AM Wei SMC)gy pLA1N" FF_ (A Ud. to 010 d*nttr0W*ndo) QTZENS FOR M&AI CEp Dltt"►V!t'l'N,N You have 30 CAtEIVUR DAYS atteK #�1s Despo" summons to sewn an � to t'#is a typsyrrr�#rll s!7wef � " AD t ash �� as�rd MOPOrt W at this Boum Pkei do jo A letter or Pho" eats WWI notViiia * ' trri8r+lner on # am OsrmL iKssartsrr �Yewri te"rsspo a must be inLao� u` � a � Wa/rxrrlotrt WO*AkW Ars A aMw" It You warm the owe 1 to hear your talar►. PW*"�'e i; � If YyawOU �`"a,tss �� 'li�+r t►ev� ose � cremes and ��an „ ytw Wray �OMAN t�►�� �ia+a�s +�xraewd Pre"fty My ' R►rustdrd ono Aft"fm &I froth t"tm bee tafarrl avFl►trt�t t ,W p, , t,If PVft%n +gw str► iwrtsgo gq Ttt a rtt+te:slhat fial Ny'�, You ty yi om 001010, stn >rsrtset ppr P to salt an May ft� R you do mt I ow as tettorrt+ey, you m +araN rbx Ex"o drm loqu si AVta" ^(ad& l rfutara +sewice► nr a tergssrt atd ;'qa tNar�r rm rrboaet►a/eN,nedisprt+r. 3�r1 sa #Ari trooir). a+tide �t a trn � do rtt!e� de ss a terra�„��t+si+t,(�+sa eW d�te�r7tarirs The f sM11 Arld erg ai'th*ereWt ls: F3 AIMMsde Coup S,u { r► rbrr►Y 'do Jet rro I*ss} #* n �.►�,, se72arieti0 a trlvs3r Ce's'rt' tterrs:Lin'lsi°" IV-014957-8 Pteirenton, + 94 58&4501 Tho narrre, tediROS'S, God telephone 6UMbW of*JnWs Sftf sry,Of 0��+11ff�h04t7k!� �; Y. {B nsrrrsb<o,fe 00064*y ev nG�nerrr de►tedil6na cies s 5t6 C +tBPn Grtvrt ' danto,o da+domtstdGrnts 'no est 001and, CA 801&.1533 3 Sa+D 882-8373 ,� DAM- K V J000�by; Ckouly s tse,,►t .�..�.._. NOTME To Tft�N tg3:You Orr aetved 1.M as an lndW4jW 2, as the pwton sued under the ftwom name of 3.M an behalf of(mak boblirit Sats � Se�s~v�tcwesc District under CCP CCP 416.10( qn) Qtt6rrls 4 r3ra(rnirw416,"(dearnn€�t gin CCP 41Q40 l+wsociadmar 410,70(C�WWW44tss adw. CCP 4zs. D �} +Gd11 41&W(b u3i) �ae.,w ry ewr s. b ee+uM1 dei' ,_ e�► date fovefto*w Prose of Somme) SUMMONS _. ....... _........ ......... ......... ......... ......... ......... ......... _....._.. .... .... __ .. ................_....._.. ......... ......... ._....... ......... ......... ......... ......... ......... ......... ......... tytik �8�'98 OSS:51 LAW OFFICE NU, 51t�34b+�5b5 OFFICE (F S. FILS� 519 652 SM Wa Ei33 904:3 ENDORSED I Swan M PI%WUaW Pl iL jsD 5626 O"uc Vmwv Thr. A�fi COUNTY � Clerkkad, C�A13 9+�+61&-1.533 '� S S134fW)6S2-SM 4 Attorney torr Petitlow md PWaW IlCIWtl 0.OVWXT,EXW QU.lt M 6 g IN TSE Supm4$COURT OF Ta STATIC OF CAId:�^O��A 31Y Al's FOR TSE COUWXY DF ALAlVMA ICAST13M DrMON 10 11 CrMEM MR DALAMM GROWT`14 s 12 13 vs. PETMON FOIL W=OF MAMATZ AND C4bM 'NT FOR INM CTME ANS`! 14 ALAI A COUN1''Y"�7� ACONTROL AND WATER CON vA710N DIST' CT 15 a PLbIW WftY,BOARD OF MUCT QRS C?F ALA�y+MA CA� CW=L =L i� AM WATU(;ONS vAr J>jS7wCT, Is or AZA MA COMMY FLOW coN jt(X A"D WAT'Mco 4MVATIONDUMCT. 19 MW DOES 1-2D ia� �+ar , ,< 21 DUBLIN SMAAMM VjC;SS see DMIMCr,apubko=y,MMUPWA ate. 22 l GSA WATM DISTRIC:T,sPOW waft 23 SCOPIC WwTM g DISMUCT.avoft,f=Y:STATS OF • 24 CALVORNLA,mAjjLTMgNT OF WATM RESOURCE;ZR APELL��, INC., Cacp, o;WIl1tD 26 RAMC H PARTNEM,s Commis 6mittez 27 pmmrshP;and DOHS 21-40 bidugM 29 PAW Prrttm ik 29 .t. MAR 20 ' A7 9:29 S 2 M! 662 #373 PACE-002 _... _........ ......... ......... ......... .......-........._... .......... ............. ......... ......... ......... ......... ......... ......... ......... ......... ........ _. _._.. _........ ......... ......... Perin*= and plAintiff CTTI'ZENS FOR BALANCW GROWTH (bereiaafter -CBG-) 2 hereby alleges as furrows; 3 q INTRODUMON S 1. This action challenges the actions sof respondents and defendants ALAMMA COUNTV 6 FLOOD CONTROL AND WATER CONSERVATIt1N DjSTRICT (hereinf "DISTI cT") 7 BOARD OF DERECTORS OF ALAI+MA COTJNW FLOOD CONTROL AND WA 8 CONSERVATION DISTRICT, ZONE 7 (herd "ZONE 7 BOARD") &adl BOARD' O 9 SUPERVISORS OF AL.ANWA COUNTY FLOODCONTROL AND WA 10 CONSERVATION DISTRICT (hereiaalter "SUPERVISORS") (the abovo-reftmCed partm 11 hutinafte r ecliexWvely referred to as"RESPONDENTS" ecpprvving>an ewmw agree tent 12 13 contract amendment with real puny in hum=DUBLIN SAN RAMON SERVWES DISTRIC 14 (homer "DSD") to pmvide watt r service for the Vougherty Valley project l5 uninoorporated Contra.Costa County. CBG alleges that these actions were illegal and imprope 16 in that they violate provtsim of the Alamo&County Flood Control and Water C.or�ser�mSon 27 (hereanafter"the Act") snd are;*emfore ultra vires. CRG seeks this Court's peremptory writ o 18 marinate commandlag DEFENDANTS to rescind aid actions. CBG also seeks a 19 'njuncuon, Pursuant to Code of CivG Procedure §526s, pmbiliting DEFENDANTS fret 20 undertaking any simile= mL" vires actions in the future, and this Court's eieclaratioa as to 21 Proper scope of actions for NPAMS in selling or supplying water frornrn the DISTRICT tc 22 areas outside of the DISTRICT's boundaries. 23 2. CBG seeks this reef as a private attorney general under Code of Civg procedure §1021.S to 24 Prot=the right of the DISTRICT's conspit mts, and specifically the rj&of the con tuents of 25 Zone 7 of the DISTRICT,I' an adequate and reliable water supply as provided for under the 26 ACT. Neither CBG,its directars,nor its m=Nn will receive MY app Mediu from this 27 action beyond those it will provide to the euemal brie. I£ g � suc�fiil, CBCT iz =ads t+o seek 28 lw4very of its reasesmNe attorneys'lig under C.C.P. §1021.S. 29 -2- FROM I3.G.R.S.1). PHONS NO. Sles4B45S5 1 PARTUS 2. 3. Petitioner acrid Ftaintif��CMZBNS FORBALANCED CrItC)WTH is 4 nOnProf4t 3Public,bWAfXt corporation drgat d utsdet the laws of the Sz 4 0 ofCatifornia, CB�"3'at am residents' citizen,v*ters, UxPaym antf PUty owners In Aharturda+G°cry, and sPecificmUy in 5 Zone 7 of the I)IS p,ICT. CBa's m 6 mrat+tpayers of Zone 7 of the rtISTlt`ICT re��y pay the DISTRICT"s rates and c&tges. CE*erdM for the pint Pose of promoting balanced 7 Srowth within the Uvexmore<Amedor Vaiieys of Mmeda County,uttly,whish We within the 8 j s � 1' : • i : Rs • x• 3ubj*a'0ftMs sod"' The SLTPERVISORS,whan=4 on DISTRICT mattal,are required faHow all _ # # ? Me Pr*"Sioax Respondent ind deftadam BOARD OF DIRECTORS OF TRE ALAMMA COtNTy FLOOD i i WATER ■■ R goveftag the ACT As 1 ; they am re ':.i B t R for R t t #..i } " i • :tI ?. i ■ `- Po f - i 'A M#t ? :.# • ♦.t # :tis _ r .4si i • f ti r# • - afi i { R }a i _ � • �'.5 to ;'R + ..t{,♦ ; lt' :i # - s ,f # i i MR i ♦ P f�. - p d - - r y t • ♦ r a # s i ..t ♦ gra # :• = p+ ...♦:}a i - f# � i R •t s p # � t ■ 9; �. �. f as • E i# Yt. f t # 1 R •'E =i ? - ► tip-# ■ f «i ♦ ■E # • 'i ♦ P E : �+� ..:.s ♦ r w i #t espy ! i? ! ai ._♦ ♦ t t • i T � Fs .:;r - _.i lis i 5 "a. of ♦ ' '.} �.4Y4 :+pt i { S ?e •men p ♦ d ' i pi # 4 i♦ ftlpmo 1 • a i .a fit ♦ is + i.f.N 'iP• R # i ♦ f i i i p s# _ # # t PHONE NO. 5 10&46456,5 1 California Water C+ta . SERRh MDA MESA has caaitracted with the DISTRICT to provide it Z with water out of its State Wit Prtjectlerrts fur use is the Dougherty Vey 'rcytext. 3P p,erty in inter" OPIC WATFR STORAM DISTRICT 4 "SRmmopIC")is a duly+xMMUted public a wty organic and extsifg under and b)r virtue o 5 the Constitution and laws of the State pf�C�e�lifarni�ty and spedlcaoy under the provisions oft 6 California;Water Storage;Disuict Law. (Wates Cock;f 39W'et$*qJ S WTROPIC has 7 coxttm=cd with;the:DISTRICT to store water it obtains from BERRENDA MESA for eva"sd 8 use to supply the Dougherty Valley.Prrojea, 9 12- Real party in jaereg STATE OF CALIFORM& DEPARTMENT OF WATER 10 RESOURCES wafter"DW -)is a division of the State of Ca#iforrtia DV is the owneri I and operator ofthe Ca�State Water Project. D'WR and the DISTRICT 12 44amar�3mrent to their cositra+ct for water deliveries have entered into 3 PrOvW ;g for the additim of 7,000 acre hdt 23 to the DIS"TRICT's enfidenmW regfttiq them oferf We nXnU fx+ m BERR A i SA 14 13. GBG is hdi%�and boli,and on that bads alleges.that.r�ri IS - SH"ELL Patty m interest INDUSTMS,INC. *rte ea"`SHAPELL")is a Delaware Corporation, 16 Si`3Ap�,is orae+ofthe developers of the DOU&Seny Vailey Projea. Along with r eW 11 %Merest"9E�1On RANCH i''AIiT�tE;RS g Y in y hapen has Weed to Pay for the waterto be 18 Provided by BEkRENDA MESA,, the DISnUCT,and 177 SRSD for the DoughtyValley I'raje�t. 19 14. B4 is htttti xxntd and believes, sad on that basis allege. P in interest that 2{t 'WI RANCH PARTMRS(herchuftrr`VMDM4ER»")is s 21 partnership, A.lonS welt SHAPELLy WNDMdERE a a developer of the DouS ,y Valley 22 Ilroject and has agreed to Pay for the water to berovided 23 I3ISTRI+�"T'y DS'R$D for jkw l� by 13I�fCItIA MBSA* iuC 8h►rxty Val1e;�+'�jeu. 24 15, The trace nsmes srtd oaPacitieus of DOES 21_40 are unknovvts to CECT at this tittle!;howevac 25 CBG allege on i&rmatkm and belief that each 'part y named as DOE has some i nems in the 26 subject matter Ofthm>�ttn. ire CRS,sales mxh P by such f . z� ask leave of the Cxwrt to ctus �'" and will sumd this petition and Comps by umrtmg the true nmesand 28 capac eS of said Does wlm 29 _s- { L�,S•R. .D. pHC)N6 NO. 5108464S65 MOM v FACTS OF TM CASE 16, In 1992, Contra Costa County approved a gon"place amendment and.specific plan to 2 allow development of the 11,000 urrt Dougherty Valley Project is the unincorporated area to the 3. east of the City of San Ramos. In approving the project, Coram Costa County designated the 4 East Bay Mu nicipsl Util tw girt.("ERMEV)as the preferred service provider for water 5 service to the project,and indicated its inteatt to seek amocat cm of ft project to,EBMt3l?. 6 EBMM sued Contra Costa Cou aty(Comm Co"Superior Co rt, Can No.C93-00235X ' 7 afteging that the project approval violated the CaliforrAa Ewnronmental Qua*Act and was S Uwongstent with the:CowjWs general plea. ERMUD won at the trial court. 'V 1Wc the demon 9. was under appall,the parties roached a settlement, The settlement provided that Si APELL and 10 'W13' EMEIM would use,thea best efforts to obtain an alternative water supplier for the project, 11 It specifically deapated DSRSD as the pre fuTed water supplier. If thow efforts proved 12 unsuccessful and-the project was still without a water sutppher in the year 2W2.EBMU7 agreacd 13 to provide water to the project and not to oppose annexation of the project to its service ares. 14 27. Subsequent to that agrement,DSM has prewlin inarily determined to provide water I5 setvirO to the Dougherty Valleyy. depeadou on its ability to obtain waster through a tea w&r of 16 state water pmjea entitlements f om BERRENDA MESA. in support of that decision,DSRSD 17 , has conducted several dev+cloper-finided studies to det+ernwo the feasibility sad OpUnW plan for 18 providing water sorvtce to the Dougherty VaRty Project. In sddition, in 1995 BERRENDA 19 MESA prepared and in.1996 it cotified are Eav ironuwrW Impact Report CTM")for the transfer 20 of state Water Prot entitlements to sego Dougherty Valley. Those,studies id+r ndfae d provision 21 of water through a contractual anugement with Zone 7 of the DISTRICT as a prefhtred caption 22 As part of several of the options,Zone 7 of DISTIUCT would also enter into a contract of 23 SEMIT`Itt3PIC to stirrer water obtained from SERl't,Ei+iDA Uc'A panncisng its eventual tnuuf a'to 24 DSRSD for use in Doug any Valley. Some sof the waver trmuferred from BERRENDA.MESA ZS . would also be stored in the groundwater basin underlying Zone 7 ofthe;DISTRICT. All of'the 26 water to be provided to the Doughat'tzr Valley Project through I)SRSD would be Marred 27 28 through the DISTIUICT f3►ttcs the DISTI RICT would construct for this purpose. 29 .6.. .... ... . r rui 1 e z.. L+. f''t UNM 1`*W. Ji61C?'Tt]FJCJJ 1. 18. In September 1096,Zone 7 of DISTRICT release a 1"in"nc44 jnstiagim sl, aM, 2 Operattanal AnAdyss ofaptions for provldi�g Water to Dov $hetty y alley(.FTl7")• 7'hat,rePort, 3 also Amdad by the Dougherty Valley davelopas,dfxUSSftd the implications of the various 4 available aptians for rt2i,og WA TDMA NMSA's air entitlemems tea►supply the Dougherty 5 Valley PrrojeCt. it wnsdered the legal obstacles to having Zone 7 provide water to an 6 area outside ofthe DISMCT. It WdUded, as an Vpencfiix, an opinion from the Alamoda 7 Counsel's olllCe� Co=y that tbe;DISTRICT had legal authority to provide waxer to XWW areas 8 outside of the DISTRICT, sa long as the DISTRICT'S water supply was not reduced thereby. 9 19. In September I997 Zvm 7 af'the DISTRICT released a Draft SuppkmenW EIR("SEW) 10 for the transfer ofwater Mfidme=for that its DDqbxtyV aLe Y. In Decambtr 1997,Zone 7 of 11 the MSTRICT release the FUtrsat SEIIL 12 20. On or"batt Imlary 7, IWS, the ZONE 7 BOARD.held,a pubkhearing on the Final SEM 13 and vote to cath►the sm 14 21. On or about jamtary 28, T998,the ZONE?BOARD bald a public hag On the proposed 15 cow and escrow,age. Members of do public, itscttsdiV CBG atsd 3OMe Of its 16 members, leaded m oppositim to the approval. 'They specifically raised the issue of the vioiati 17 ofthe ACT. N'Overtheless,the ZONE 7 BOARD vot«i 6•I to"horin.the Zane 7 Saud 19 President to sign five eensentamvung and ` mystess%'Wng the centrads for delivery of water' 19 by Zone 7 for the Dcwgherty Valley proica, 20 21 GENIRAI,ALLEGA'YIT4NS 22. C8G has Preformed any and all COnditim precedent to the filing ofhis Petition and corrtglaint and has Odmusted all admin stratim rte. 24 23. CBCs and its m anbens have no plat spe0dy r adegntate rowdy in the ordinary t of ca 25 the taw, in that if the DISTRICT is stlawed W imptemeazt its coonrract with 1]S c`I)to coppursesrs 26 water to the Dtafgl wt3y valley project,'CaA its ttsm and the suly residents and rat 27' IXSI MCT will lis WV&m*� Y�ofatbe 'nim UnPropw divemon afZonc 7's w set 28 and spec i&cally water within the groundwater b$s Zone 7he , to areas outside ofd 29 DISTRICT in disregard ofthe teems ofthe ACT and without proper terms and limitations to _7 1 praterA the DISTRICT AM its water supply, as spaded by the ACTT. As a �� Zone 7r 'a: � mt"M, and poteniMy other resides of the DISTRICT win be d epzived 3 the ruble and water of �i�that was the purpose of ACT. In+addition,DISTRICT 4 funds wilt be=P�yCXPdea3 for purposes that we beyond the supe of the DIS TFJCT's 5gatutory auto. T61 are ham for which montY 6 provide �sraages°r ether 1e8�M�y could.not ct�m�aa 7 8 CEMCING AL.L,EGA noNS 9 MIST CAUSE OF ACnON-VIOLA1" ON OF TSE 10 EM%OF ,AFMOVAL OF COMPACT IN'l IOLAT10114 OF"CBE ACTT: �2 24. CBGl2 ehy MHO'PN*BM* 121 k4usive and ko rporittes thm hatin by this 1 4 25, The DIST CT, tie"ERVISORS.and the ZONE 7 BC3ARD sire wader obiiSation to take no w-'don dw violates the Provisions of the ACT. 1 S : 2 In approv ng the am�nt to do DISMUCrs camraet wah D 16 fiRSI3 tc>provide.«racar I'm to the Doug city Vangy h project, and to 17 suppc�rti�+eaorow or attt�rg.;tkose approvals to oar, the I:tIS7��,IC2", tt8 SL�P�;3t,'�SC�ItS and the C1N�7$t"1'A�;D rott�iattd this 28 prt�t+isictas ofthe ACT: Sp+ot��y; 19 21, Ile+contract am 2f� �and�8,�eensent 1t�the DIS'fRICT, as ate�it,§SS-�4 of t�ACT ���'�of the 21 DISTRICT 8tzd �P�� act�tioa of orate#'�rta►nI the fi�to pt'e =t the 6*1111tion ofthe wwa r supply to the DISTRICT. 28. The conte aMe�t and 23 �mw a8:'e�em�ent»olate the �tS#G►3tSt O�� S-�5� inthey Pi wide fat the 0aas and sale for use outside of the DISTRICT of water thd 24 tbat AoSY61ti!t wa*rshed ofthe=STRICT w uxg re avwg the d 25 uty to use such water to replenish' the water kVWS oftbe 8MVW beds within the DISTRICT. 26 29, Because said ocanam e03�nt and"Crow a 2 x their i�eat violate pmvisiows o#'the ACT, 28 approval by the ZONE 7 BOARD was MAW vtrev ZONE 7 RDARD, and the I?ISTpICT to abide �' as SUCA- t duty ofthe the 29 by the moons oftheir enabling statute. ft IS I "We"Or a aPPrOPriate that a wtit of Mandue 2 ]BOARD to isscm'vrdming tht 1).rSIWCT � 7 � MPr-Pt 1-d r�ltrrr v1r,�s 4M d e f 3 and escrow aver Daae reg apprZONE said contras=Amendment d 5 SXCGND CAUSE OF ACrIOX-IFS Cnn 301 Cgs,her 11EFC.{:p, Z referawe. p�hs 1.29 inclusive ar3drates ecce' n i-IM by this g 31. Code ofC�P ove&ft 526a SHOWS,any resident or 9 Acti Iycaa to againa Public'� s oc , r8uso maintain,an I fi' or . ry teth*prapeny fg �jc�n ��Upeaditure cfthe 32. The Di7iUC.i y=s as a Publk en*aha as dged I2 asu escablishhed Wider author of the Stet+c of G,atifo at1d 13 33. The m D C ' is Subject to the proyWow ofC.C.;p. 5�G� 14 the��� ft nmt >r ad ZO 7 gam escrow �for ale of in ePpapproving1 approvals to occur,are, � `to I1isD. orsaid I 1 1Y of Zone'by tegai. They w,"8L �d to the water- I? 34. Tb�Gfare, ��the ar�rt�, ,,� •� of xsid ppl . C�is wed to a petm�� the uY}uaction WagWagp►IS 18 SUPERVISORS,a�the ZONE 7'BOARD � `>;u19 4uth"v'olatiotts Of the ACt as sea forth h Pry fiun utiic nuking or�wing any eacewu�C+ve. 20 T�CAUSE OF AC"rzoN-DICLAUTOgy XZr j n 2 35 CgG Yr e P y�}� MC 22 a '7hs 1-34 • l C.P. §1060) . r'' ce. ' torr ,Neste ,this 23 2,4 36, CBG hereby soaks star C*urts d :tamuon of the r 25 nco�the trs or sale Ofwater °�8 t4 ' ti s 1 7Citi the D sT�CT.for the DISTpj,� 26 use+outride ofthe DI •end Idly to Zone 7 ST CT's b u-daries. 27 28 29 -9- i /2 PRAYER FOR R ` --Y ' XFE3liX Petitioner and phaintff Citic far Balanced Growth pray fcrr rehef r allows 4 2. For this C .'a PftvmPkxY wth ofmandate directing PXSP014DEWS to vacsfe and so 3 aside their deiznatiotns apptovicng the contract at eaadnnaat and grow a nt with DSRSD, and to RESPONDENTS far Ruth a fro 2xtg�c m- accordance with the Court3s` � �. For this C ut's �eut inune6m prohi ,g R PONZEIM fi m U=tiag 0, 1 ' othxwisc advv4ng for the tramport andfor$ate of the:DfSTRiCT,s neater for use outside;of the DfSTIi, CI"°$bout ire viotaticrn of the provi its of they ACI, l 1 For this+Cox,trt's duration that the sahe or trans 12 perrtatxan afwater b0100ging to the DISTRICT,or any t1 f,for use Gartside of the DISTRIC ,g l3 iviolates the �and Purposes ofthe ACT`, as Wed as�c 14 oh3Provisions of the ACT; Is 4. For an mad of rtag>nsblca attorneysattorneysfees under Code O C v l Procedum section 1021.5 or as+�dwJwise authorized by hour 1 o S. For costs of U*incumd ham;and 17 6. For Amh other and further 18 esgnnitahk or tezgaf r+ohiefas the t�a�t de, �andproperDated.- March:l9, I99i3 19 4 4f ...... 20 . tuaxt 21 omey for petitioner and Plaintiff 23 24 25 26 27 Zs 29 . -10- 1 HU i-- NU. �l�fb4ta45t� .2 ' 3 � wor Ap war of ad !tet is� I have tb*t �r°moi 6 my own met t y 'D Owft d6sed in th�.to tho'li P��tora Armed wd r under die'� Of�C �� '��ttwy am �ti l:Un t:�till�ot� the torejgc;iW pn.,hy of ywisaaa-01,WAD and and 4a 10 . I7 ;2 M r I • ` . 24 5 �ry2r t • ` Y 26 2"7 ` ' t `s 5626 C1cm View Dr.2 Oakland.CA 9.4612.1533 1 IL L24 D AN( ':C i i�ya 4 Arron for Pt�i ioM wd Plaiatff By Paas cantow, Dopuci 6 7 9 'N TIM SM�MWR COURT OF THE STATIC OF CA,LIpC UXU $Y ANS FOR TRE COtt qTV OF ALO ME33A 9 L49TZIM bIVIRON I0 CrrMENS FOR,BALANCER GROW' 11 CaUomia non-gro&corp n, a V-014957-8 Fd*W 3/20/98 12 p 13 VS. QST AMENDMENT TO FETTTION FOR WJUT OF MANDATE AND C OMPLAW 14 A��AMB;DA Ct7UI�lTY FLOODCON ROL FOR DOUNCTTVE AND DECLARATORY 1 S AND WATER COI+MRVATTON DISTRICT, BELIEF a public aid%BOAW OF DIRECTORS OF 16 AL+AMEDA COUWy FLOOD CONTROL AND WATER'CON.MViP TLONDISMCT, 17 ZONE 7;BOARD OF SUPERVISORS OF 1$ ALAI*MA CCxJNTY FLOOD CONTRC►L AND WATER CONMtVATION DISMUCT; 19 and DOES I-2o b&ive, 20 a DBdarna 21 x3t38LIK SAN RAMON SERVICES DisTIUCT,a p►liblic a dity,BEDENDA 22 AMSA.WAT:Es"tt DZS7WCTa public e t ter, 23 SE3 1TRt PIC WATER STORAGE I)ISTRI'CT,a Pubes STATE OF 24 CALIFORNIA,DEPAR`i'MENr OF WATER 25 RESOURCES; SHAIi=MUST1 5, INC.,a Dtlsware Corporation;WI1+WEIVIM 26 RANCH PARTNER,a+C.difornla HmiWd 21 P te;ALL VEMONS'IrinMMKtHST80 IN 1`FIE MAT`Ii:BS OF THB Cpitil'T'RACT 28 AMhNDNCEN T ANKH,ONE AND THE ATER SERVICE I:SC`ROW'��+�NT Z9 ........ ..... ..... ... .... HHUNc NUJ. 5�i3234645b� I BETWEEN ZONE 7 WATER AGENCY AND DUBT.3N SAN RAMO}N SERVICES 2 DISTMCT;artd DOES 22-40 incdusive, 3 Real parties In Interest 4 Petitioner and pwntiff aTiZI ENENs FOR BALANCED GROWTH C-CBC'')herby ani 5 its Petition For Writ Of'Mandate And Cam laW For p biunctive And DftUratoty Rely 7 substitwe as a real Party in iu cT rest, -A PERSONS D ;TEILESTP-D IN THE MATTSU p TEE CONTRACT A&MMMENT NUMBER ONE AND THE WATER SERVICE, ESCROW 8 9 AGREEMENT BETWEEN ZONE 7 WATER AGENCY AND DUBLIN SAN RAMO 10 SERVICES DISTRICT'far DUE 21. 11 CBG f usher amends its Pexitiou For Writ Of Mandate And Complaint For Wurtc lve 12 Declaratory"*t to add the folldwmg P,sSSMPh as Paragraph 14a and amend Paragraph 15 13 follows: 14 14a, CBG namtes ALL PERSONS IN'T`ERESTED IN THE MATTF.ILS OF TIM CONTRA IS- ANIENDMETsM NL1h+fE3f.R. ONE AND THE WATOt. SatWCE ESCpC1W AG REEMEM 16 BETWEEN ZONE 7 WATER AGENCY AN#+1t MMLN SAN RAMON SER 17 DISTRICT ("ALT:. nqmpsm PE1tSbNS') as a rt ,a party in interest in this 18 substituting this Party for• 130E 21.• The tate oasts and 0aPacity of ALL IlnEItES • 19 PERSONS is unknown to CEts at this roue; however CBG is informed and believed that 21 . 21 party has so=interest in t1�t sutdca matter of this actino. Ther+cfare, and in accc►rd,anca with th • pro%isions of Code of Civil Procedure W1.1, CBG sates sum Party or#was by this S 22 23 t�amc, If any perscrt appears iia resPoase to pub on of the summons for tris amity,.CSO 24 ask leave of the Court to sumd this Pedtion and Comphaim Try inserting the true n aaws 25 capadtiea of said D4TE.RE s"TED PERSONS when arca wined. 26 15. The true narues and capacities ofDOES 22-40 are=known to CBCT at this time;however 27 CBG allege on irtformatioa and beliefthat each such party named as DOE has solus itaatcrrst in the 28 "Je ct matter of this acticsst. TherdOm CHG sues suint Parties by smb fictitious names,sand win 29 _2_ 2 ask leave of the Court to 022nd this Petition and C'o Dint by Ming. true ernes and 2 "Pacitiess of said Dow vwbim w4rta mw. 3 4 bared: March 26; i998 S 7 ,, - tw�rt 8 Attcrncy for Petitioner and plaiW& 10 VERWICATION I am the a�itornW of record for P ry'and �'adi fOr Ba Wn� Ctotsrth 12 am attt oozed to execute tW ve caticm on its be har P+fitioaer Wed la nth` 12 P nerd its omc not a"Ibble to dos First � ►me to the.Petition and CCrmplaWt because of r�o 33 14 tum and dam, and i 2=as knowladge"or more knovAedgeable of the facts deged they IS I haves read the Bing Horne Amey to Petition and C,,VW, tbA 16 matters alleged therein. Al! edieged in the r W� am. fttmli�r with p+ddtea yore true of bay Ovvtt Personal imowiexi Sa ]7 I dechm under PUalty of perjury under tic lays of the State of Califs nda that the foregoingg IS true and coFr+act and that this '��ott was executed on March 25, 19598 at ig Califotttst. 20 21 Una 2,2 23 24 25 26 27 28 29 V� � r '7t!tr♦.S r.. J�$tR•: NA DATE: November 20, 1995 TO- Vince Wong, Assistant General Manager, QiC 80201 -- FROM: Brian 1 . gtors, Deputy County Counsel, QIC 20104 SUBJECT: SELLING RATER TO DSRSD FOR. DISTRIBUTION OUTSIDE OF THE -- ALAMEDA,COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1. Can.Zone 7 sell water to the Dublin Sart Ration Service District ("DSRSD") for DSRSD to sell to fuuu'e custothers in the Dougherty Valley, an area outside of'booth Zane 7 and the Alameda County Flood Control District Cthe District")? 2. If Zone 7 can sell water to DSRSD for these purposes, what actions would Zone 7 need to take: to comply with all legal requirements to complete the wxuaction? 3. Can Zone 7 annex the Dougherty Valley area? 4. Can Zone 7 contract with DSRSD to deliver DSRSD's water from the state project to DSRSD without owning the water? 5. By agreeing to participate in providing water (via DSRSD) to the Dougherty Valley, will Zone 7 be obligated to enter into similar a:rrangtments with future developers of areas outside the District? 1. Although the District Act docs not explicitly address whether the District,can sell water for use outside the District, the District Act appears to allow such a transaction where the water supply of the District is not reduced and the transaction benefits the .District* The conclusions in this memo are based ars the general, description of the proposed . Berrenda Mesa/DSRSD/Zone 7 vvisaction described in James Kohnen's April 7, 1995 Ietter to David Layton. 2. To undertake this project, Zone 7 must comply with the requirements of the California Environmental {duality Act. Zoite 7 mint also abide by any legalrequirements imposed on it by its contracts with the: Department of Water Resources. 3. The District Acct does not permit Zone 7 to annex areas outside of Alameda County. To do this, Zone 7 would have to seek to have the California>Legislature. amend the District Act. 4. lone 7 crud enter into an agreement with DSRSD to convey the Bezrenda Mesa water to DSRSD without Zone 7 owning the water. 5. Furore developers outside the District would not be able to force Zone 7 to participate in delivering water to heir developments if Zone 7 did not wish to participate. DISCUS ION I. ZONE 7 CAN LAWFULLY SRT WATER TO THE DOUGI MTY VALLEY. The Alameda County Flood Control and Water Conservation District Act ("District Act") does not explicitly address the issue of whether Zone 7 can deliver water to water wholesalers for resale outside of the District. Sections 55-4 and 55-5, which describe; the Distr ces purposes and powers, require the District to manage the water in the District to conserve water and to put it to uses'benefitting the District. Section 5.5--4 provides,in part: ' Tice: objects and purposes of tins act are . . . to conserve such water for beneficial and useful purposes by sprung, staring, retaining and causing to percolate into the soil within said district, or without such district, such waters, or to save or conserve in any manner all or any of such waters . . . Section 55--4 also provides that a goal of the act is "to prevent waste of water or diminution of the water supply in, or expormdon of water from said district. . . ." Section 55-5 grants the District the fallowing powers, among others, to accomplish these purposes: "(T)o conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights and import water into the district and to conserve within or outside of the district, water for any purpose useful to the district;... to prevent unlawful exportation of water from said district, Section 55--5.5. Section 55--5.6 reiterates that the District's powers must be used to bctefit the Districr. The Act grants the District the power: "To control the flood and storm waters . . . ,and to conserve such waters for beneficial and useful purposes of said district by spmadiing, storing, remit* and causing to percolate into the soil within or without said district, or to save or conserve in any manner all or any such waters. . . . and to prevent waste of water or diminution of the water supply in, or exportation of water fromsaid district...." In addition to Section 55-4s prohibiti6n of exporting water "from said district," Section 55---5.6 contains an explicit prohibition against exporting groundwater when it would endanger groundwater levels- "[N]othing in this act contained shall authorize the carrying out of any plan of improvemernt, the purpose of which is, or the effect of which will be,.to take water which flows in any watershed in said district and transport or sell same for use anywhere outside of the district when the water level of any gravel beds within the district is below the normal level and such water could reasonably be used to replenish the water level of said gravel beds;" Its interpreting,the District Act, one must take into account Section. 55-34, which provides that the; District act "shall be liberally construed to promote the abject thereof, and to carry out its intents and purposes." The most cohere i t interpretation of these statutes permits the District to deliver water --- water that DSRSD purchases outside of the District -- to DSRSD for eventual delivery to the Dougherty Valley. Although Sections 55--4 and 55-5 contain language indicating that the District must prevent "exportation" and "illegal exportation" of district war, read in conjunction with the general, statements of the District Act's purpose and the tither provisions of the D strict Act., tines- provisions do not forbid wmsfermg non—District water outside the District unless the transfers do not benefit the District in any way. The Act's express provision prohibiting exporting water when it would damage groundwater levels supports this interpretation as it implicitly indicates that transferring water outside the District isacceptableif this transfer does not deplete the Distress groundwater supply. Moreover, the phrases in the District Act indicating that water should not be exported refer to waters "from the district." Mere, Zone 7 would be receiving the water from the Berronda Mesa Water District (via DSRSD)., Thus, the agreement with DSRSD would not adversely affect "Zona Ts supply's for its customers within the District. The District could seek an amendment to the District Act from the state legislature to clarify this point, but this is not nc=sary.' Z The issue has been raised. whether Zone 7 supplying water to the Dougherty Valley could result in Zone 7 taxiing Dougherty Valley presidents without providing them with. representation. Under the District Act, Zone 7 cannot tact or assess property outside of the District. fie; 1,1�, § 55-12. Zane 7 would have to receive any fiends that it requires for n customers in the Dougherty Vally through its contractual releationship with DSRSD, n ACTIONS THAT ZONE 7 WOULD HAVE TO TAKE TO L,AWMI`LLY DEUVER WATER TO-7OUGBMTY VALLEY. As the project is described above,Zone 7 selling water to Dougherty valley would qualify as a "project" for the purposes of the California Environmental Quality Act, Therefore, after conducting a preliminary environmentsl review, the Agency will have to determine whether an Elly; or a negative declaration is require& In addition, Zone 7 will have to abide by all requirements unposed on Zone 7 by any agreement between Zone 7 and the State Department of Water Resources concerning.the transfer. IIT. ZONE 7 CANNOT ANNEX DOMMERTY VALLEY. The District Act clues not allow Zorn 7 to annex territory outside of Alameda County into the District. Thus, to annex the Dougherty valley area, Zone 7 would have to have the California T,:e:gislature amend the District Act to ,rant Zone 7 this power. TY. ZONE 7 CAN ENTER INTO AN ARRANGE.NI EUTr WITH DSRSD TO TRANSFER WATER FOR DOUGHMTY VALLEY TO DSRSD EVEN IF ZONE 7 DOESNOT OWN TIM WATER. tt L Even if Zone 7 does not own the Berta.Mesa water that it is transferring to DSRSD, Zone 7 can contract with;DSRSD to convey the water from the state project to DSRSD on a', contract basis. The'District Act is again silent as to whether the District can contract to deliver water outside the District. it appears unlikely, however, that a court would conclude that the District had overstepped its bounds in delivering water to an existing, in—district customer for use outside: the District when the arrangement brings other benefits to the District that help the District serve its purposes. V. ZONE 7 WL..L NOT BE FORCED TO SERVE FUTURE.DEVELOPERS OUTSIDE THE DISTRICT. Because no provision:of the District Act requires Zone 7 to serve customers outside of the District's boundaries, a future Contra Costa County developer most Trimly would not be able to force Zone 7 to participate in delivering ring water to a new development outside of Zone 7 if Zoite 7 was unwilling to provide the service. if Zone 7 enters into an agreement to supply water to Dougherty 'Valley, that acct will: not give a future developer outside of Zone 7 the ability to compel Zone 7 to supply it with water unless a legislative change requires Zone 7 to do so. Otherwise, providing the water would remain discretionary. "When exercising its statutory powers, a iwzter district'sj governing board of necessity has considerable discretion to decide what is in tete best interest of the papulation it serves." B"ag b-dusta Ass . v. d)i —Mu .ci. A Water Dist., 235 Cal. App. 3d 1643, 1648 (1991). Deciding whether`or not to participate in providing water to an area outside of Zone Ts service area therefore would remain within Zone Ts discretion? a A developer r of an area outside of Zone Ts jurisdiction might be able to cotnpeI Zane 7 to supply it with water if, in approving an amingement to supply Douo=ty 'Valle water, Zcxac 7 formai ly stated y W31th that it would provide water to all areas outside of Zone Ts boundaries that want Zane 7 to do so. _ ..... ..... ChtW ,a+ey ttArt ilii firt*� spa geA,,,4 "4 { i� ,�y�yCt�NcdKfr .iriM T. r 'A`"t�►WW1 � ChAnrr C•yag CAw 8.rater ♦i �J.AMCM V KW KOi;i'ci Arf 0�:=Vg" V�PIlr 4r'aMtf 1310N .` ,R v InJ �YMtA A VI VVSM A.WrM Cwt,AM1Y r: �V� Mlit� (.11 Ar! *MW Com'CA Z++i�X027 Alyyi LI Swt� Qa N• IMA/t ft"NO To yt�{} rSRtar!!{ JM+r F. tAit Tae* i� EaKAa-*,W t +eoar+tt yts�.sit i ;rw tt Wz Owro it .r+aW.M. Sacral *ntO Calif., «'c +r �sa�, ��.. Nov*Mber 29, ' 1990 nig Honorab2r William p. 3033 State Capitol akar �e Wit t ai.- c Dear iKr. aktr: 7 Conser-'ratio t3fettherictzeea Count y Flood central .and Water Al to receiveon the 5tatt12 +e +lus water t ha district? t Water Project, jfor iuse ch ioutsa cOn r&cted e District The Alameda Count many sell a 9`lood Control and Water Cabserv$ti receive from t'ha: � Wat,��tgra project, it ha,� on district the to contracted to the consent e .at, for uee outside the t the state. A (Ch. The Calitornia Water Resources 8 (comMenc., wit * See, es Devslo hereafter the i 1393o) , Pt Fmertt' Band A approved nxtd sem) , was submitted to , ri3v. 6, Wats C. at the �Taarmber 8, 1960, the voters +grid' wee authorized the in or o,t $1 general election. bonds to help rinanc+a "750,000,000 in The bona act . of water Resources tate i ediate construct onebal obliga;tia t (harsasfter the depatrtb+antj of carte.* Department n state 1 All Section refer*.... sre to the otherwise epee=fled. Water Code, ;unless o oa�rda ora, a Honorable Wi?l.i= P. Baker .. P• 2 - #8217 water facilities, including a multiple purpose dam; and reservoir an the Feather River in the vicinity of Orovi.11e and an aqueduct system for the transportation of water to various parts of tha state (see subd'. (d) , Sec. 12934) . Water facilities constructed by the state are collectively designated as the State wafter Resources Development System (see Sec. 12931) , but are commonly referred to as the State Water Project. The bond, acct directs the department to enter into contracts for the sale, delivery, . or useref water made available by the state Water project (See. 12937) . The bond act prohibits the impairment of those contracts by subsequent acts, of the Legislature during the time when any of the bonds authorized under tre band act are outstanding and permits the state to sue and be suers with respect to the contracts (Sec. 12937) . Xost of the $1,750, 000, 000 in general obligation bands authorized, under the bond act are outstandings (Stata 91 Cam rn a An=ikl Zs2ort su.)Mlemeent (L*galjBudgetary Basis) , 1996 .57 fiscal year, pp. S5-43', to 55-47, incl. ) . The Alameda County Flood Control and Water conservation District (hereafter the district) is created and governed under the Alameda County Flood Control and. Water Conservation District Act (Ch. 1275, Stets. 1949? hereafter the district act) . The district consists of all the. territory within the boundaries of Alameda County (Sec. 2, district act)' , and the Board of Suparviscrs of Alaxod* County is ex officio the board of supervisors of the district (Sec. 6, district act) . The district is authorized to acquiree water and water rights and to impart �- water into the district (para. 5, See. 5, district act) . 3:t is the established policy of thetarts to facilitate the vol.�unta tr sfe► of water and water rfght�aro consistent/ with the pi b is welfare of the place of wmort And the place ot, import (sec. 100) , and the district is earal3, author a enter into agreements for thetransfer orde very o water to any parson, district, or ott.aer entity (para. 9, Sec. 5, district acts d� see also Sec. 38*, Wat. C.) . Unr the state water supply contracts, however', protect water !delivered to the contracting district slay not be sold by the district for, use outside. the diet-riot without the prior written consent of the agitate (see Art. 15 of the standard contract provisions) . In addition, it is expressly provided that theb contract and all of its provisions: apply to and bind the suocesupts and assigns or the parties, and, any assignment of any eontrat t rights is subject ct to. states apprtval and to any reasonable: teres send conditions the state may impcea (see Arts 40 and 41 of standard contract provisions) 1.1111.1 ..... .... .. .. ... _....... ........ _..... . 112- J`�L7 f J•�y�q 7 1[ 17 VQYSVN W Q1� 514: i�v(} y f Honorable William P. Baker - p• 3 Thus, we conclude that the water, which it his contracted to distract may sell thW to surplus Project,j sta for use *uts.ide the district tor subive ject to the Wato r that state. cnsent. og s very truzY yours, BiOn M. Gregs ry Legislative Counsel x teas D. Whelan TDW:emb DeputY L*gislativs Counsel t .. _........................................................ BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued) issue can eliminate the prepayment penalty. It is necessary for the Board to pass the resolution to allow ABAG to proceed. There is some urgency in this matter due to ABAG's schedule. The Assessment District Screening Committee met May 7, and while there were many questions the committee has no objections to this proceeding forward. There are 3 exhibits in the attachments. Exhibit 1 includes the transmittal documents related to this issue including fixture expenditures. Exhibit 2 includes the Draft Engineer's Report and related documents. Exhibits 3 includes documents pertaining to ability to purchase water and lain suits filed within the last year attempting to block zone 7-A sale of water. Actions related to purchase of water from zone 7-A and subsequent law suits are the basis for the need for an additional issue and for high attorney costs. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Order on May 19, 1998 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, CANCIAMILLA and ROGERS NOES: NODE ABSENT: NONE ABSTAIN: NODE RESOLUTION NO. 98/274 SUBJECT: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA APPROVING PROPOSED RESOLUTION OF INTENTION AND BOUNDARY MAP UNDER SECTION 10104 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA IN AND FOR THE WINDEMERE RANCH ASSESSMENT DISTRICT 1998-1 FOR.THE ASSOCIATION OF BAY AREA GOVERNMENTS WHEREAS the Association of Bay Area Governments(the"Agency"),a joint exercise of powers agency,duly organized under the laws of the State of California and operating in the County of Contra Costa (the"County"),is beginning special assessment proceedings under the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of California (the "Act") in and for the Agency's Windemere Ranch Assessment District 1998-1 (the "Assessment District") for the construction and acquisition of water system rights and improvements; and WHEREAS, under Section 10104 of the Act,the Agency must obtain certain approvals from the Board of Supervisors of the County as a condition to continuing proceedings for the Assessment District because the Agency is neither a city nor a county and a portion of the lands proposed to be assessed by the Agency in and for the Assessment District lies within unincorporated territory of the County; and WHEREAS the Agency has filed with the Clerk of the Board of Supervisors a request that the Board of Supervisors approve the proposed Resolution of Intention and Boundary Map to be used by the Agency in its proceedings for the Assessment Distract,together with copies of the proposed Resolution of Intention and Boundary.Map for the Assessment District;and WHEREAS the public interest, convenience and necessity will be served by the conduct of proceedings for the Assessment District by the Agency; NOW,THEREFORE,BE IT RESOLVED by the Board of Supervisors of the County as follows: Section 1. The form of proposed Resolution of Intention and.Boundary Map for the Agency's Assessment District submitted by the Agency to the Board of Supervisors are hereby approved. Section 2. The approvals granted herein shall in no way subject the County to any liability for the costs of the proposed acquisitions and improvements, the Assessment District; the assessments to be levied therein nor any of the bonds to be issued by the Agency for the Windermere Ranch Assessment District. Section 3. The Clerk of the Board of Supervisors is directed to file a certified copy of the Resolution with the Secretary of the Agency as soon as possible. I hereby certify that this is a true and correct copy of an action takers and entered on the Orig: Val Alexeeff(646-1620) minutes of the Board of Supervisors on the cc: County Administrator date shown. County Counsel ATTESTED: may 19, 1298 PHIL BATCHELOR, Clerk of the Board Supervisors apd County Administrator VA:dg At B --�' Deputy RESOLUTION NO. 98/274 EXHIBIT 1 Growth Management and Contra Economic Development Agency Costa Valentin Alexeeff, Director County April 30, 1998 r. Clarke J. Howatt Financial Services Manager VIA FAX Association of Bay Area.Governments 101 Eighth Street Oakland,California 94507 Dear Mr. Howatt: RF: Windemere Assessment Bonds for the Purchase of Water and Various Associated Soft Cast Improvements I have been informed by Windemere of their wish to use the ABAG Special Assessment Bond Round-tip Program(SABR)again for their portion of Dougherty Valley. The SABR Program was instituted by ABAG to allow for the pooled issuance of assessment district bonds under proceeding for Marks-Roos,Mello-Roos and the Municipal Improvement Act of 1913. It is my further understanding that the repayment of the bonded indebtedness is non-recourse to ABAG and that the county is not liable for repayment of the assessment district debt. This is identical to the approval of a 13,700,000 issue last year. Given the number of governmental agencies that will be involved in the development of the"Windemere project, the SABR Program continues to be a good fit for this next issuance of debt on the W ndemere project. As you are aware,formal Board of Supervisors approval is necessary in order to implement the requirements of JPA law. Prior to the matter going to the Board,I look forward to your meeting with the Assessment District Screening Committee to resolve any issues, Sincerely, Val Alexeeff,Director VA:iz abag.0 cc: M Wal€ord,Public Works S.Epperly,Public Works J.Kennedy,Redevelopment V.Westatm County Counsel D.Coleman,Chapman and Wilscm N.Webster,Treasurer-Tax Collector S.Ybarra,Auditor R.Perez,Assessor 651 Pine Street, No. Wing, Second Floor, Martinez,California 94553-1213 Telephone: (510) 646-1620 • FAX: (510)646-1599 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG May 1, 1998 Mr. Val Alexeeff Contra Costa County Director of Growth Management and Economic Development 651 Pine Street, 2nd Floor Martinez, CA 94553 RE: Windemere Ranch—Assessment District 1998-1 Dear Mr. Alexeeff: On October 15, 1997, the Association of Bay Area Governments issued $12,880,000 of bonds for the Windemere Ranch project, which is located in the unincorporated area of Contra Costa County. In July of 1997, the County board of Supervisors approved a Resolution of Intention and Boundary Map, which facilitated the action by ABAG. As you know, ABAG has been asked to process a second bond issue for the Windemere project in an amount not to exceed $12 million. Similar to the first bond issue, proceeds from the new issue would be used to pay for soft costs associated with the project. Proceeds may also be used to reimburse Windemere Ranch Partners for previously incurred expenses. In order to process this second Assessment District, under Section 101.04 of the Streets and Highways Code of California, ABAG, being neither a City nor a County, must obtain certain approvals for the Board of Supervisors, which governs this unincorporated area. Please accept this letter as a request for Contra Costa County's approval of the attached Resolution of Intention and the Boundary Map for the Windemere Assessment District 1998-1. We would be happy to meet with you and your staff to discuss the details of these proceedings. We would appreciate a formal acceptance of the attached Resolution and Boundary Map before the ABAG Board hearing to consider the matter on May 21, 1998. Thank you for your assistance. Sincerely, Euge Y. Leong Executive Director 1AFinancial Services\ABAG\SABR\Windemere 111Alexeeff L.etter.doc Mailing Address: P.O.Box 2050 Oakland,California 94604-20.50 (510)464-7900 Fax:(510)464-7970 Info@abag.ca.gov Location: Joseph P.Bort MetroCenter 101 Eighth Street Oakland,California 94607 47% PASSED AND ADOPTED this day of 1998 by the following vote of the Board of Supervisors, to wit: AYES: NOES: ABSENT: Chairman of the Board of Supervisors, County of Contra Costa State of California ATTEST: Clerk of the Board of Supervisors County of Contra Costa By: y ti N LZ foams r s ! s `" pol � � w Poo its *� IR K t 1 ASSOCIATION OF BAY .AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG MEMORANDUM To: ABAG Executive Board & ABAG Finance and Personnel Committee Date: I May 1998 From: Clarke J. Howatt,ABAG Financial Services Manager Re: Windemere Ranch Assessment District, Series 1998 Summary This is a request from Contra Costa County that the Agency initiate procedures to form a second Special Assessment District in the Dougherty Valley area for the Windemere Ranch development leading to a bond issue later this summer in the anticipated amount of approximately $12,000,000. Proceeds of the proposed issue would fund continuing infrastructure design necessary to permit commencement of grading and construction of the Project. The requested Agency action does not authorize the bond issue nor does it obligate the Agency to complete the financing. Program Background In 1993, the Executive Board approved the ABAG Special Assessment Bond Round-Up ("SABR") Program allowing for the pooled issuance of local assessment district bonds. To date, the Agency has brought five SABR issues to market aggregating nearly $125 million, including the $12,880,000 first Special Assessment Bond issue for the Windemere Ranch issued in October of last year. The 1997 issue was used primarily to fund the acquisition of water rights for the Project. The Project The 2300-acre Windemere Ranch (the "Property") is located just north of the I-580-680 interchange and adjacent to the City of San Ramon. Windemere Ranch is part of the 11,000-unit Dougherty Valley. Specific Plan that was approved by Contra Costa County in 1992. Windemere has entitlements from the County for 5,170 dwelling units and 380,000 square feet of commercial space. A first phase tentative map, consisting of 2,249 dwelling units, was approved in November 1996. Timely commencement of construction of phase one is dependent upon the purchase of water through the Dublin San Rai-non Services District ("DSRSD") which, with funding from the Agency's 1997 Windemere Ranch issue, is under contract to provide water for the entire Project. Commencement of construction is also dependent upon obtaining the necessary jurisdictional permits required for grading. The current proposal would finance the elements necessary to obtain such permits. Mailing Address: P,O.Box 2050 Oakland,California 94604-2050 (510)464-7900 fax:(510)464-2970 infoiPabag,ca,gov Location: Joseph P.Bort MetroCenter 101 Eighth Street Oakland,California 946,07-47% Association of Bay Area Governments Windemere Ranch Assessment District,Series 1998 Page 2 The Developer The Property is owned by Windemere Ranch Partners(the "Developer"), a California Limited Partnership consisting primarily of Somerset Homes, a United Kingdom real estate development company. and Weyerhaeuser Venture Corporation, a wholly owned subsidiary of The Weyerhaeuser Corporation of the United States. The Partnership, whose purpose was to obtain the entitlements, bought the Property in 1984. The Partnership currently intends to sell the Property to other entities that would take on construction of the approved residential units; however, the existing "Windemere Development Agreement" with Contra Costa County requires that a single "master developer" always be in place to provide continuity and interface with all parties regarding the entire development. Future Financing Overall development of the Windemere Ranch Project will likely be facilitated with the assistance of additional public financing efforts in addition to last year's financing through the Agency and this new financing as proposed. If, in the future, subsequent financings are individually approved, they would provide for major additional infrastructure components along with many hundreds of units of multi- family housing for low and moderate income families to firlfill the 25% low income residential requirement stipulated in the land use approval for the Property. Current Project Status In January 1998, Alameda County Zone 7 ("Zone 7"), as a wholesale purveyor of water, approved by a 6:1 vote of its independently elected Board a contract (and Environmental Impact Report ("EIR")) with DSRSD to allow Zone 7's conveyance and treatment systern to be used for the Windernere Ranch Property. The agreement calls for DSRSD to provide retail water service to the Property through the use of the Zone 7 water system. This is and has been the preferred arrangement made by the Developer with the jurisdictions involved in furnishing water to the Property. The 1997 Windermere Ranch debt was issued through the Agency primarily to fund this arrangement and proceeds of the 1997 Bonds are currently being used to compensate Zone 7 for the rights granted under the agreement. In late March 1998, in response to the January 1998 Zone 7 approval, a lawsuit was filed by a group called "Citizens for Balanced Growth" challenging Zone Ts right to serve property outside its service boundary. On March 30, 1998,the City Council of Livermore approved filing of a lawsuit challenging the adequacy of the EIR prepared in connection with Zone Ts agreement to allow the conveyance and treatment system to be used for the Property. The Developer, Zone 7, and DSRSD have funded the agreement for furnishing water to the Property and continue to proceed with the Project together with the County and the other jurisdictions involved. Association of Bay Area Governments Windemere Ranch Assessment District,Series 1998 Page 3 The Proposed Financing The current request relates to the second sub-phase of water acquisition and infrastructure design for the Property. Proceeds of the new issue would fund design of the infrastructure requirements necessary to obtain the jurisdictional permits and to repay certain prior expenditures made by the Developer for Project design. This funding would occur later this summer only after completion of proceedings to form the new Special Assessment District, including the required elements instituted by Prop 218. The proposal also includes a request that the Agency once again facilitate the actual formationof the new Special Assessment District by initiating the required proceedings. This service was first performed by the Agency for the 1997 Windemere Ranch issue. Under section 10003 of the Municipal Improvement Act of 1913, the most frequently used assessment law in California, a joint powers agency is authorized to use the law to create an assessment district. Under the Act, ABAG would consider matters for the Assessment District in two steps. At the first meeting (May 21st), the Board will be asked to adopt a Resolution of Intention setting this financing process in motion and to pass a second Resolution giving preliminary approval to the Special District's Engineer's Report (both Resolutions are attached). These Resolutions set the time for the required subsequent public hearing. If the Board were to make an affirmative determination on the initial application, the second step would be to hold the required hearing, receive the property-owner ballot (under Prop 218),confirm the assessments and authorize the Bonds and the financing documents (Official Statement,etc.). This hearing and consideration for final approval of the bond issue would all take place at the July meeting of the Executive Board. All of the above procedures would be conducted with a minimum of complication(i.e.the ballot)as a result of the current single owner status of the Property. The County has applied on behalf of the Project for participation in the ABAG SABR Program primarily because of the need to coordinate the interests of the many various agencies of local government that are either directly or indirectly involved in the formation and implementation of the new district. The Dublin San Ramon Services District, a joint powers authority formed in 1972 whose members include the Counties of Alameda and Contra Costa along with the Cities of San Ramon and Dublin, is the provider of record for water services and reclaimed water services. The Contra Costa County Central Sanitary District will provide sewer services. Though the Property lies within an unincorporated section of Contra Costa County, the County's annexation agreement with the City of San Ramon requires that the City of San Ramon annex each portion of all the Dougherty Valley developments, including the Windemere Ranch Project, but only after each portion goes to the individual unit permitting stage. Thus, the future governmental party at interest for the Windemere Project is the City of San Ramon although the current permitting agency is Contra Costa County. The County is expected to make its formal determination with respect to this matter on May 19", just prior to the ABAG Executive Board meeting. County staff have indicated a desire for ABAG to continue to intermediate and accommodate this aspect of the Project's development, primarily because of the temporary nature of the County's jurisdiction over the Property. Furthermore, as a previous participant in earlier ABAG SABR issues, the County is also aware that the Project will also benefit from the economies of the SABR program. Association of Bay Area Governments Windemere Ranch Assessment District,Series 1998 Page 4 Security Repayment of the proposed Bonds would be secured by property tax assessments levied by Contra Costa County,which appear on the regular property tax bills sent by the County to property owner/homeowners. Further, the County is a "teeter plan"jurisdiction so that timely tax collections are assured by virtue of advances from the County's general fund with subsequent collection by the County. The current relatively high appraised value of the Property provides the primary basis for the very strong likelihood of repayment of the assessed lien by the property owners). The Bonds would not be rated; however, the Agency's obligation to make payment on these Bonds, as in all of its SABR program securities, is strictly limited to property tax payments passed through by the County to the Fiscal Agent. The bond proceeds would also establish a fully funded debt service reserve fund equal to maximum annual debt service on the financing. The Official Statement for the proposed issue would carry language having the same effect as the following: Neither the faith and credit of ABAG,any of its members,the County,or any other political subdivision is pledged to the payment of the Agency's Bonds.< The Bonds are limited obligations payable solely from and secured solely by assessments constituting liens on the assessed parcels. Actions Requested The Agency has been formally petitioned to pass the Resolution of Intention to Make Acquisitions and Improvements (Resolution 05-98, attached). This Resolution would begin the formal process of assessment. However, it cannot be adopted unless the County has previously given its consent(expected on May 10). This process also requires at this juncture the adoption of the form of the Engineer's Report (by Resolution 06-98, attached). This second Resolution fulfills the requirement of the Act to show the estimated costs of the items to be acquired or constructed and their related bonding and administrative costs and the way the costs are apportioned to the benefited lands in the Assessment District. The form of the Report has been prepared by Carlson, Barbee & Gibson, Inc. under contract with the developer. The Report is on file with the ABAG Secretary. Association of Bay Area Governments Windemere Ranch Assessment District,Series 1998 Page 5 Proposed Financing Team .tones Hall, San Francisco, serves as Bond Counsel for the SABR Program. The borrower has proposed that Altura, Nelson & Company, Inc., San Ramon, serve as Managing Underwriter for this transaction. The Underwriter would be represented by Nossaman Guthner Knox & Elliott, San Francisco. ABAG would be represented generally in this matter by its Legal Counsel. The M.A.I. firm of Smyers and Associates, Walnut Creek, has been selected to perform the required appraisal of the parcels comprising the district. US Bank Corporate Trust, San Francisco,would serve as the Fiscal Agent for the transaction. Representatives of the County, the Developer, and the proposed financing team will be available at the meetings of both the Finance & Personnel Committee and the Executive Board to discuss the current status of the Project, the proposed proceedings to form the new Assessment District, and the proposed financing. Staff Recommendation Staff respectfully recommend approval of Resolution 05-98 indicating an intention to begin formation of the new Special Assessment District for the Project and Resolution 06-98 approving the form of the Engineer's Report. (:\Financial ServiceAABAG SAMWindemere JEStaffReport-Windemere 11.doc Windemere Ranch Pasters cla chapn=&Wilson 1350 Treat Blvd,Suite 560 Pastor Fax Neste 7671 c moi► Walnut 04614 CA 94396; �n�twFMM phone (925)933-1405 fax (925)933-1404 sns# Phan*a April 30, 1998 . rax# Mr. Clarke T. Howatt Association of Bay Area Governments 101 Eighth Street Oakland, CA 94607 RE: 20MLCM Valley Asaessmen District 1_998-1 Dear Clarke: . In October 1997,ABAG issued$12.88 million of bonds for Windemere Ranch Assessment District 1997-1. The Assessment District had a Construction Fund of$10.155 million. It was originally contemplated that$6.6 million of the Construction Fund would be used to purchase water rights and storage,and the balance would be used for engineering costs associated with such purchase. Subsequent to the closing of the$12.88 million bond issue, the cost of the water storage increased. Now,$9.0 million is required for the purchase of water and storage and only$1.155 million is available for the engineering costs. Although Windemere Ranch Partners has been paying for the associated engineering costs internally, Windemere Ranch Partners would like to proceed with a second bond issue in the approximate amount of approximately$10 million. Proceeds from the second bond issue would be used to fund costs not paid with the first bond issue and would additionally cover the costs of designing the road, sewer and water systems. Proceeds would also be used to pay for casts associated with jurisdictional permits and some of the funds may be used to reimburse Windemere Manch Partners for costs already incurred in the project design process. For your convenience,we have attached the following two schedules: A.. 40 19-97-1 - end--A summary of the Construction Fund categories,their original allocations,their revised.allocations,and an explanation of how the funds were spent. B. AD'1998-1 —C_ons gtion.Ewd Rcc }est--A summary of the fiends requested for the second bond issue. If you have any questions regarding the above schedules,please don't hesitate to call me. Skreerely Susan Collins cc: Daniel M. Coleman EXHIBIT A eu ami `� tL` ap 'm 13 3 ] j 3 ot ' . �. c t o c t c •� � � U � � !U Q1 N tti 09 r� ON CN ® � 5+9 60# rla— c7 csac� F o ci C o co " c c� c. C) a V4V4 *q "n vr r' VIA rra #4q 64 0 64 404 - •SE re �► o � � -,.» � , as o �, .� �n 2 C4 LZ � UUC4 z ' " ry cry t vi s c• pp CT - -- cV rn EYBIT B Windemere Ranch Assessment District 1998-1 Construction fund Request Amount Requested 1 Civil Engineering- Water Service Facilities Design $975,000 2 DSRSD-Additional Water Payment $160,000 3 DSR.SD-Additional legal bills $200,000 4 CCCSD-Tunnel Design $1,500,000 5 Jurisdictional Permits $500,000 6 Plan Check Fees $1,000,000 7 Civil Engineering $1,000,000' 8 Soil Engineering $150,000' 9 Structural Engineering $200,000' 10 Utility Engineering $150,000' 11 Traffic Engineering $50,000 12 Landscape Architect $150,000' 13 NPDES Consultant $50,000' 14 Environmental Consultant $200,000' 15 Preliminary Engineering $150,000' 16 Fire station Design and Equipment $300,000' 17 Elementary School Design $150,000 18 Community College Design $150,000 19 Legal Fees i $115001000 $8,535,000 Note: Items 7- 15 include some carryover from 1997-1 Project Status (Add a new section that outlines the current status of the water transfer and that refers to the two lawsuits) In.January 1998, Alameda County Zone 7(.Zone 7),as a wholesale purveyor of water, approved by a vote of 6:1 a contract(and Environmental Impact Report)with Dublin San Ramon Services District(DSR.SD)to allow Zone 7's conveyance and treatment system to be used for the.Property. The agreement calls for DSRSD to provide retail water service to the Property through the use:of the Zone 7 water systern. This is the arrangement contemplated by the,Developer for fiunishing water to the Property at the time the 1997-1 Bonds were issued and proceeds of the 1997-1 Bonds are contemplated to be used to compensate Zone 7 for the rights granted under the agreement. In late March 1998 and in response to the January 1998 Zane 7 approval,a lawsuit was filed by a group called "Citizens for Ba hmaed Growth"challenging Zone 7's right to serve property outside of the lone 7 service boundary. 'rho Property is outside of Zone Ts servieei boundary. On March 30, 1998,the City Council of Livermore approved filing of a lawsuit challenging the adequacy of the EIR prepared in connection with Zone Ts agreement to allow the conveyance and treatment system to be used for the Property. EXHIBIT 2 ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 5/1/98 DRAFT ENGINEER' S REPORT DIVISION 12, STREETS AND HIGHWAYS CODE OF CALIFORNIA Carlson,Barbee B OIbson,Inc. CMtENW-PS 0 SURV CM*P(XMM ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 5/l/98 DRAFT ENGINEER'S REPORT DIVISION 12, STREETS AND HIGHWAY'S CODE OF CALIFORNIA CONTENTS ITEM PAGE 1. Assessment........................................................................................... l 2. Cost Estimate................................................................... ................... 3 3. Assessment Roll................................................................ ......... . 4. Names and Addresses of Property Owners............................................... 5. Method of Assessment......................................................... ................... 6 6. Descriptions and Plats of Easements and/or Lands to be Acquired(If Any)...................7 7. Plans&Specifications................................................................................8 8. Assessment Diagram....................................................:............................9 9. Certificates...................................................................... ...................1Q ASSOCIATION OF BAY AREA GOVERNMEN'T'S Windenzere Ranch Assessment District 1998-1 ASSESSMENT WHEREAS,on , 1998,the Board of Directors of the.Association of Bay Area Governments(the"Agency"),State of California,under the Municipal Improvement Act of 1913(the "Act),adopted its Resolution of Intention to Make Acquisitions and Improvements(the"Resolution of Intention") for the acquisition and/or construction of the public improvements(the"Improvements')more particularly therein described in and for the Agency's Windemere Ranch Assessment District 1998-1 (the "Assessment District"); WHEREAS,with respect to the Improvements, the Resolution of Intention directed the undersigned to make and file a report presenting a general description of any works and appliances already installed and any other property necessary or convenient for the operation of the Improvements,plans,and specifications for the proposed construction,estimates of costs, maps and descriptions of lands and easements to be acquired,and diagram and assessment of and upon the subdivisions of land within Assessment District,to which Resolution and the description of the Improvements therein contained reference is hereby made for further particulars; NOW,THEREFORE,the following assessment is made to cover the portion of the estimated cost of the Improvements and the costs and expenses incidental thereto to be paid by the assessments: SUMMARY COST ESTIMATE (1) (2) (3) As Preliminarily As Confirmed As Modified Approved And Recorded After Recordation Cost of Construction............................ $ 0 $ $ Cost of Acquisitions.....................*....... $ 0 _- $ $ Contingencies............................. ...... $ 2,825 $ Incidental Expenses............................. $_10 857 175 $ $ _ TOTAI.COST................................... $ 10.8 6 0 OO000 $ $ Estimated Contributions........................ $ 0 $ _ $ Estimated Earnings on Improvement Fund.............................. $ 0 $ $ BALANCE TO ASSESSMENTS............ $ 10.860.000 $- - $ I do hereby assess and apportion the Balance to Assessment of the Total Cost of the acquisitions, work and improvements upon the several lots,pieces or parcels or portions of lots or subdivisions of land liable therefor and benefited thereby,and hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram,upon each,severally and respectively,in accordance with the benefits to be received by such subdivisions,respectively,from the Improvements,and more particularly set forth in the list hereto attached and by reference made a part hereof. The assessment is made upon the several subdivisions of land within the Assessment District in proportion to the estimated benefits to be received by the subdivisions,respectively,from the improvements. As required by the Act,an Assessment Diagram is hereto attached showing the Assessment District and also the boundaries and dimensions of the respective subdivision of land within the Assessment District as the same existed at the time of the passage of the Resolution of Intention,each of which subdivisions having been given a separate number upon the Assessment I Diagram. Each subdivision of land assessed is described in the within Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Contra Costa for the fiscal year 19___- 19 and includes all of such parcel excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of said property,reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. Notice is hereby given that serial and/or term improvement bonds to represent unpaid assessments and bear interest at the rate of not to exceed twelve percent(12%)per annum,or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds,will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code,the Improvement Bond Act of 1915,and the last installment of such bonds shall mature not to exceed { }'years from the second day of September next succeeding twelve(12)months from their date. Under the Resolution of Intention,the requirements of Division 4 of the California Streets and Highway Code shall be satisfied with Part 7.5 of said Division 4, for which the following is presented: 1. The total amount,as near as can be determined,of the total principal amount of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings,other than contemplated in the instant proceedings is: $ 12 880 000 2. The total amount of the principal sum of the special assessments(the"Balance to Assessment")proposed to be levied in the instant proceedings is: $ 10 860 000 3. The total amount of the principal sum of unpaid special assessments levied against the parcels to be assessed,as computed pursuant to Paragraph I above,plus the principal amount of the special assessment proposed to be levied in the instant proceedings from Paragraph 2 above is: $ 23340.000 4. The total true value,as near as may be determined,of the parcels of land and improvements which are proposed to be assessed in the instant proceedings,as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Contra Costa is: Dated: ' 1998 Engineer of Work By: Gregory D.Miller R.C.E.45042 Expires: 3/31/02 2 ASSOCIATION OF BAY AREA GOVERNMENTS Windentere Rattch Assessment District 1998.1 ENGINEER'S COST ESTIMATE 1. CONSTRUCTION (a) All Public Improvements(specify streets,sewer, storm drainage,etc.) $ 0 (b) All Private Utilities(specify gas,electric,telephone) $ 0 2. ACQUISITIONS (a) Completed Improvements(specify as in I(a)and (b) above) $ 0 (b) Lands,Easements and Rights-of-way $ 0 (c) Rights of service and use $ 0 3. INCIDENTALS (a) Construction and Acquisition; (1) Civil Engineering—Water Service Facilities Design $ 975,000 (2) DSRSD—Additional Water Payment $ 160,000 (3) DSRSD—Additional Legal Bills $ 200,000 (4) CCCSD—Tunnel Resign $ 1,500,000 (5) Jurisdictional Permits $ 500,000 (6) Plan Check.Fees $ 1,000,000 (7) Civil Engineering $ 1,000,000 (8) Soil Engineering $ 150,000 (9) Structural Engineering $ 200,000 (10) Utility Engineering $ 150,000 (11) Traffic Engineering $ 50,000 (12) Landscape Architect $ 150,000 (13) NPDES Consultant $ 50,000 (14) Environmental Consultant $ 200,000 (15) Preliminary Engineering $ 150,000 (16) Fire Station Design and Equipment $ 300,000 (17) Elementary School Design $ 150,000 (18) Community College Design $ 150,000 (19) Legal Fees $1190.000 (b) Costs of Issuance (1) Bond Counsel $ 50,000 (2) Underwriters Discount $ 189,175 (3) Assessment Engineering $ 50,000 (4) Appraisal $ 5,000 (5) Other Costs of Issuance(int.,Printing) $ 18,000 (6) ABAG Fees and Legal Expenses $ 45,000 (7) Fiscal Agent,Administrator,Recordings,etc. $ 15,000 (8) Capitalized Interest $ 1,200,000 (9) Debt Service Reserve $ 750,000 10,857,175 4. CONTINGENCIES $ 2,525 TOTAL PROJECT"COST $ 1Q,86Q.000 Less Estimated Improvement Fund Earnings ($ 0 ) Less Estimated Contributions ($ 0 ) TOTAL TO ASSESSMENT 3 ASSOCIATION OF BAY AREA GOVERNMENTS `Vindeniere Ranch Assessment District 1998-1 ASSESSMENT ROLL (1) (2) (3) Assessment Assessor's As Preliminary As Confirmed As Modified Diazram No. Parcel No. Approved &Recorded After Recordation 1• 206-050-006, 560431.39 2. 206-050-007 199215.84 3. 206-050-008 385296.58 4. 206-050-009 2949926.93 5. 206-090-004 394053.32 6. 206-090-005 1101707.40 7. 206-090-006 1751348.08 8. 206-090-007 858160.56 9. 206-090-008 858160.56 10. 206-090-009 1751134.81 11. 206-090-010 801241.75 12. 206-090-011 418134.35 13. 206-050-010 407188.43 14. 206-050-011 0 15. 206-050-012 0 4 ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 NAMES AND ADDRESSES OF PROPERTY OWNERS Assessment Assessor's Diagram No. Parcel No. Owner's Name and Address 1. 206-050-006 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA '94596 2. 206-050-007 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 3. 206-050-008 Windemere Ranch Partners 13501'reat Blvd.,Walnut Creek,CA 94596 4. 206-050-009 Windemere Ranch Partners 1350'Treat Blvd.,Walnut Creek,CA '94596 5. 206-090-004 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 6. 206-090-005 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 7. 206-090-006 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 8. 206-090-007 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 9. 206-090-008 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 10. 206-090-009 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 11. 206-090-010 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 12. 206-090-011 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 13. 206-050-010 Windemere Ranch Partners 1350 Treat Blvd., Walnut Creek,CA 94596 14. 206-050-011 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 15. 206-050-012 Windemere Ranch Partners 1350 Treat Blvd.,Walnut Creek,CA 94596 5 ASSOCIATION OF BAY AREA GOVERNINIENTS Windetnere Ranch Assessment District 1998-1 METHOD OF ASSESSMENT The assessments are apportioned according to the special benefits received by the lots,pieces and parcels of land within the Assessment District. The proportionate special benefit derived by-each parcel is determined in relationship to the entirety of the capital cost of the improvements and the maintenance and operation expenses of the Improvements. No assessment has been apportioned on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessed and any general benefits have been separated from special benefits for purposes of this report. For such purposes, the general benefits are derived from(describe the general benefit items in the Improvements)and are estimated to cost$0,which cost is to be paid for from funds other than those raised by the assessments. Under this report the assessments for the Assessment District are apportioned in accordance with the foregoing and using the following criteria; The assessments for each parcel of land were apportioned based on the number of projected equivalent dwelling units(EDU)at buildout within that parcel. For this purpose,a single family detached dwelling unit is equal to one EDU,a multi-family attached dwelling unit is equal to.75 EDU,and each acre of commercial is equal to 5 EDU. The number of EDU's per parcel were determined from the approved tentative subdivision map for Phase One. For future phases, the number of EDU's per parcel were estimated by evenly distributing the remaining approved dwelling units within the project per the Dougherty Valley Specific Plan over the developable acreage within each parcel. No EDU's have been assigned to parks,schools or open space areas. 6 ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1948-1 DESCRIPTION AND PLATS OF EASEMENTS AND/OR LANDS TO BE ACQUIRED There are no Descriptions and Plats of Easements and/or Lands to be Acquired. 7 ASSOCIATION OF BAY AREA GOVERNMENTS Windermere Ranch Assessment District 1998-1 PLANS AND SPECIFICATIONS There are no Pians and Specifications. ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 ASSESSMENT DIAGRAM Reference is made to the Assessment Diagram in and for said assessments proceedings on file in the office of the Secretary of the Board of the Agency, said Assessment Diagram being too bulky to be bound with this Engineer's Report. 9 .................. ............ ASSOCIATION OF DAY AREA GOVEM"IENTS Windemere Ranch Assessment District 1998-1 CERTIFICATES 1. On 1998, the Assessment and Assessment Roll in this Engineer's Report, in the amounts set forth in Columns(1)of each,with the Assessment Diagram attached,was filed with me. Deputy Secretary-Treasurer 2. On 1998, by Resolution No. the Assessment in this Engineer's Report, in the amounts set forth in Column (2)and the Assessment Diagram attached were confirmed and approved by the Board of Directors of the Agency. Deputy Secretary-Treasurer 3. On 1998, the Assessment in this Engineer's Report and the Assessment Diagram attached, all as confirmed and approved by the Board of Directors of the Agency wee recorded in the office of the official of the Agency who is the counterpart of the Superintendent of Streets of a city. Deputy Secretary-Treasurer 4. On 1998,A Notice of Assessment was recorded and the Assessment Diagram was filed in the office of the County Recorder of the County of Contra Costa, California. Deputy Secretary-Treasurer 5. On 1998, a certified copy of the Assessment and Assessment Diagram were recorded in the Office of the County Surveyor of the County of Contra Costa,California. Deputy Secretary-Treasurer 10 ASSOCIATION OF DAY AREA GOVERIVIEN`E'S May 1, 1998 Windetttere Ranch Assessment District 1998-1 Job No.:94462-00 Tabulation of Equivalent Dwelling Unit(EDU) FUTURE: � SING1.1". (11(11:1'i FUTURE ASSESSMENT 'IOTA(, FAMILY FAMILY SF % DISTRICT � ATX NO. ACRES ACRES E (AC) (I)II) � (ly(t) (I)V) EMPS Altocation I 206.050.006 188.1 51 256 256 5.16 2 j 206-050.007 1601 18 - 91 91 1.83 3 206-050-008 165 3 34 5 - 171 176 _ 3.55 4 206-050-009 253.3 ' E 4 745 794 1347.5 27.16 5 206.090-004 1 12 8 " 180 180 3.63 6 206-090.005 135.7 21 30 491 503.25 10.14 7 206-090-006 241.7 i 159 800 800 16.13 8 206-090.007 94.7 78 392 392 7.90 9 206-090-O08 i 157.0 78 392 392 7.90 10 206-090-009 128.4 16 80 80 1.61 i 1 1 206-090-010 1379 72 4 362 366 7.38 12 206.090-011 108.4 38 191 i9l 3.85 13 206-050-010 1698 37 _ 186 186 3.75 14 �206-050-011 123 3 t 5 l 206-050-012 144 5 I 2320 � 581 f 22.4 � 964 1235 2921 4960.75 t00% • future development acres not applicable Units taken from'l entative Subdivisiott(,tap, VYindemere 94462-00 EduO2 Page 1 cis � i rr IV re �i• � r 9X � � X91 lilt w .� , 'w R } i F� I N v t � � �� � ,a �'� � 11 `�✓ { � a� 1 R, t� til I a > ca z 0 z 1 N Q b : it —� R > , I v` . I tIto ; LZ WRYR ax> �r I� I f ff $ pN 'tet u 8 40 lx � r i � I s� a CMx a w w JONES HALL A PROFESSIONAL LAW CORPORATION A' TORNE'YS AT LAW CI1 w xrt uc F.AJ7AM5 850 GALWOR.NIA STREET STEPHEN H.GASAI-FOGIO EIGHTEENTH FLOOR. 'THOMAS A-DOW 4BY SAN rAA.NGMOO,CA 64108. ANDREW C.HALL,JR. COURTNHY L.JONES TELE PHONE. WLu.LAM J,XA.DI (415)391-5780 CHRIS'TOPMEER X.LYNCH FACSIMILE. WILLLAMII:MADISON (4SE)391•Eib4.. DAVID J.OSTER DAVM A.WAsxox Friday, April 24, 19'98 HOMEPAGE:hup://www.jhhw.com KENNETH L JONES,of rouxsxL Clarke J. Howatt, Financial Services Manager ASSOCIATION OF BAY AREA GOVERNMENTS 101 Eighth Street Oakland, CA 94607 via Overnight Re: Dougherty Valley Assessment District 1998-1 Dear Clark: I understand that you now wish to proceed with the second bond issue for the above District. I have given it the unoriginal title above. Since we last ventured into assessments with your Agency, Prop 218 is now fully effective and a petition,such as we used before is no longer required. As before, we would be proceeding under the Municipal Improvement Act of 1913, the most commonly used assessment law in California. Under Section 10003 of the Act, a joint powers agency is authorized to use the law to create an assessment district. As bond counsel, I will provide all the required documents,resolutions,forms and instructions on how to proceed. In this regard, I expect that the Engineer will be the same and will use the same format of engineer's report as was used before. To begin the process,I offer the following: 1. Resolution of Intention to Mabe Acquisitions and Improvements. This is for adoption by your Board to formally begin the process of assessment. However, it cannot be adopted until the County gives its consent using the next resolution. 2. Contra Costa County Supervisors'Resolution Approving Proposed Resolution of Intention and Boundary Map. This is for adoption by the County Supervisors under Section 10104 of the Act. The text of it explains the situation. This resolution specifically provides that by giving consent to ABAG, the County is in no way liable for the assessments or any bonds resulting from the assessment district. To obtain this consent,you need to send to the County a written request for approval of the Resolution of Intention and the Boundary Map under Section 10104 of the Streets and Highways Code. Clarke J. Howatt Friday, April 24, 1998 Page 2 The request should simply state that ABAG intends to take the steps necessary under the Municipal Improvement Act of 1913 to create an assessment district in the Dougherty Valley area to finance water rights acquisitions and improvements and that, before formally starting the process, ABAG is seeking the approval required under Section 10104 of the Act. Be sure to send along a copy of the unadopted Resolution of Intention (item 3'above) and a copy of the Boundary Map,to be provided to you by Carlson, Barbee&Gibson, Inc. separately. 3. Resolution Preliminarily Approving Engineer's Report and;Directing Actions With Respect Thereto. This for adoption by your Board to give tentative approval to the engineer's report, to set the dates for the meeting,hearing and ballot and order the recording of the Boundary Map. In order to adopt this resolution, ABAG must first: (a) have received the adopted_ County Resolution; (b) adopt the Resolution of Intention; (c) have received the Engineer's Report. When this resolution is adopted, I will supply the required notice to the property owner and instructions about recording the Boundary Map. If you want to figure the hearing date, allow a day or so to mail the notice and add 45 days. Then the first meeting of ABAG after the 45-day wait is the hearing: date and date on which all the other actions can take place,like confirming assessments and authorizing bonds. By the time you get this, I will be away and will stay that way until the 11th of May. Poetic, huh? if you want fixes on documents, call my assistant Ben. If you levant lawyer stuff, call my partner, Dave Oster, Very truly yours, Stephen R.Casaleggio SRC:bfs Enclosure cc: w/encl.: Ken Moy, Esq.,General Counsel,ABAG Susan E.Collins,Windemere Ranch Partners David P. Carlson,CB&G, Inc. Alan Altura,Altura Nelson&Co. Inc. David Oster, Esq. A RESOLUTIC IN OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS ASSOCIATION OF BAY AREA GOVERNMENTS Windemere Ranch Assessment District 1998-1 RESOLVE€? by the Board of Directors (the "Board") of the Association of Bay Area Governments (the "Agency"),State of California,as follows:. 1. Intention. The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof in and for the Agency's proposed Windemere Ranch Assessment District 1998-1 (the "Assessment District"). 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 17 of the Streets and Highways Code of California (the"Act"). 3. Nature and Location of and Grades for lrnprovements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans,profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way,the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done therein.The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County and shall be shown upon the plans. 4. Change of Grade. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. S. Work on Private Pranerty. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work.on public property, it is hereby determined that it in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the tot on which the work is to be done. 6. Official Grades. This Board does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the County. 7. Descriptions - General. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of