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regular basis. It became a political situation where the five votes could not be obtained <br />to actually sell capacity to LAVWMA directly by San Leandro. At that point, they went <br />again to the EBDA to buy interruptable capacity. The amount of capacity that they have <br />discussed over the years of purchasing -this interruptable capacity -has varied <br />tremendously in numbers. At the time they prepared an EIR. That's when the City of <br />Hayward put in their mitigation for traffic. There was not a specific dollar amount <br />given, but in the EIR itself the City of Hayward did come forward with a concern and <br />stated that there would have to be traffic mitigation prior to the project moving forward. <br />Right or wrong, agree or disagree, they did it and no one else did. They are the only <br />one that has a legal basis, under the EIR, for claiming the traffic mitigation. LAVWMA <br />could possibly go to court and win or something, but it became more expedient, I think <br />is the best way to saying it, to work with the City of Hayward on the traffic mitigation. <br />The City of Hayward also had a concern on the growth in the Valley. They were <br />looking for something to be put into the agreement that had something to do with <br />planning for growth, some type of urban limit line, those types of things, that they were <br />interested in. The other member agencies of EBDA - we have stayed away from that. <br />That's not an issue for other EBDA members -that would be between the City of <br />Hayward and LAVWMA. The agreement that is before you is about the best agreement <br />that could be obtained at this time for the City of San Leandro. Granted, we don't sell <br />capacity, but that is a resource that we still have and that can be re-approached in the <br />future. At the present time, over the term of the contract, the $ lOM buy-in fee, capital <br />buy-in fee, that would be paid to EBDA, the City of San Leandro - we were able to <br />obtain a formula for proportioning that back to the member agencies, based on the <br />October 20, 1997 -Verbatim Transcript, Item 6.A 5 <br />