Resolution 12646CITY OF ALAMEDA RESOLUTION NO. 12646
URGING THE BOARD OF DIRECTORS OF THE EAST BAY MUNICIPAL
UTILITY DISTRICT TO NOT COMPROMISE ITS DECISION WON IN
SUPERIOR COURT REGARDING DOUGHERTY VALLEY
WHEREAS, the East Bay Municipal District filed suit against
Contra Costa County in January 1993, challenging the County's
approval of the 11,000 home Dougherty Valley development; and
WHEREAS, the Contra Costa County Superior Court ruled in favor
of EBMUD in May, 1994, declaring that Contra Costa County's EIR for
the Dougherty Valley was in violation of both CEQA and its own
General Plan in not adequately addressing the issue of water supply
availability, and
WHEREAS, Contra Costa County has indicated its intent to
appeal this ruling; and
WHEREAS, the Alameda City Council has learned that the EBMUD
Board of Directors has voted to enter into settlement discussions
with the County; and
WHEREAS, the Superior Court ruling in favor of EBMUD has an
excellent chance of being upheld at the Appellate Court, and thus
has the potential of becoming important California case law on the
issue of land use and water supply planning.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda expresses its serious concerns that the EBMUD Board
of Directors may reverse its position on Dougherty Valley and allow
this project to go forward.
BE IT FURTHER RESOLVED that the City Council of the City of
Alameda considers that a settlement of this case could be a grave
step backward for progressive water management and land use
planning.
BE IT FURTHER RESOLVED that the Alameda City Council will join
other local cities in making it known to their citizens that if
EBMUD settles its suit against Contra Costa County, it will be
threatening the water supply of current ratepayers to satisfy the
thirst of irresponsible suburban developers in Contra Costa County.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 6th day of
June , 1995, by the following vote to wit:
AYES:
Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 7th day of June , 1995.
Diane Felsch, City Clerk
City of Alameda