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Minutes - San Leandro City Council Meeting - July 17, 1995 Page - 19 - NEW BUSINESS (continued) Council Member Galvan said it is important that the City Council is clear on the issues of concern to them, including protecting the City's right to sell capacity without threat of veto and interest in issues keeping Dublin-San Ramon away from the table. He suggested that the City work to protect the option for all members to sell capacity in the future. He said they also need to work through the language related to where influent/effluent measurement is taken. He said he feels uncomfortable, as a member agency of EBDA, getting involved in growth restriction language. He said it is time for San Leandro to say what it wants from the agreement. Mayor Corbett asked if Council Member Galvan would like to see the no- veto clause established for the sale of excess capacity in the future or if he would like to see the JPA revamped for all time in the future to not require unanimous votes on any item. Council Member Galvan said he advocates passing a companion EBDA resolution which would provide language protecting all EBDA members' rights to sell their capacity without the threat of one member agency stopping them. He said the influent/effluent issue needs to be further discussed and resolved to the satisfaction of Dublin-San Ramon, but he is not proposing a non- unanimous vote on that issue. He said he proposes the veto-proof on the sale of excess capacity. Vice Mayor Kerr said he feels this is a good proposal . He said the City should see what Dublin-San Ramon's issues are and get answers to them. He said the sanitary districts have everything to gain and nothing to lose. He said the City has a great deal to lose; Lewelling Boulevard will be torn up and traffic rerouted, and it will be devastating to Greenhouse Marketplace and other businesses in San Leandro. He said the negotiating committee must reconsider the issues. Mayor Corbett said the Council must determine what is best for the community based on the circumstances. She said the City had the opportunity to request mitigation during the EIR process.. Hayward requested traffic impact mitigation as part of the EIR process. San Leandro said it was not up to the City to control growth in the Valley and only requested specific mitigation such as trees on Lewelling Blvd. and the issue of tearing up the street. She said in June 1994 the City Council decided to be part of the negotiations with LAVWMA and gave direction to sell excess capacity and went along with the negotiations. Modifications were made to the proposal by EBDA and LAVWMA. She said she is concerned that if conditions seem too onerous for other EBDA agencies, it may take several years to regain the ability to sell excess capacity and the City will lose the proposed payments. Council Member Galvan said he is not asking for any additional mitigation related to the EIR. He said the veto-proof issue has nothing to do with LAVWMA; it is an EBDA issue and is onerous for San Leandro right now. He said LAVWMA needs the capacity, and he thinks San Leandro is making a reasonable request to be allowed to sell capacity with a majority vote of the Board. He said this is the