HomeMy WebLinkAboutReso - CC - 060-2014RESOLUTION NO. - 60-2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
CALIFORNIA, AUTHORIZING THE BAY AREA WATER SUPPLY AND
CONSERVATION AGENCY TO INITIATE, DEFEND AND SETTLE ARBITRATION
RELATED TO THE WATER SUPPLY AGREEMENT
WITH THE CITY AND COUNTY OF SAN FRANCISCO
The City Council of the City of Burlingame does resolve as follows:
WHEREAS, in April 2003, the City of Burlingame (City) and other water suppliers
in Alameda, San Mateo and Santa Clara counties established the Bay Area Water
Supply and Conservation Agency (BAWSCA) as authorized by Water Code Section
81300 et seq. pursuant to State legislation enacted in 2002 (AB 2058); and
WHEREAS, the City is represented on the BAWSCA Board of Directors; and
WHEREAS, the City Council has previously approved the Water Supply
Agreement between the City and County of San Francisco and Wholesale Customers in
Alameda County, San Mateo County and Santa Clara County (Agreement); and
WHEREAS, the Agreement specifically delegates, pursuant to Section 8.04.A.,
Wholesale Revenue Requirement review to BAWSCA; and
WHEREAS, all questions and disputes related to the Agreement are subject to
judicial determination, except for the following matters, specified in Section 8.01.A.,
which are subject to mandatory, binding arbitration: (1) the determination of the
Wholesale Revenue Requirement, (2) San Francisco Public Utilities Commission's
(SFPUC's) adherence to accounting practices and conduct of the Compliance Audit,
and (3) the SFPUC's classification of new assets for the purposes of determining the
Wholesale Revenue Requirement; and
WHEREAS, the Agreement, pursuant to Section 8.04.C., provides that the
Wholesale Customers may, with the consent of BAWSCA, delegate the authority to
initiate, defend and settle arbitration of the matters provided for in Section 8.01.A. set
forth above; and
WHEREAS, the BAWSCA Board of Directors has requested that the City
delegate this authority to initiate, defend and settle arbitration solely for those limited
matters in the Agreement that must be resolved through binding arbitration in order to
protect the financial interests of the Wholesale Customers by ensuring they pay no
more than their fair share of regional water system costs; and
WHEREAS, BAWSCA has the capabilities required to serve in this capacity by
virtue of the expertise and qualifications of BAWSCA staff and consultants in relevant
disciplines including civil engineering, water supply planning, finance, economics,
accounting, and law; and
WHEREAS, BAWSCA will also finance the costs associated with such binding
arbitration.
NOW THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY
THE COUNCIL, AS FOLLOWS:
1. City appoints BAWSCA, acting through its Board of Directors, or its
authorized designee, as its authorized representative to initiate, defend
and settle arbitration for the matters that are subject to mandatory, binding
arbitration in the Water Supply Agreement between the City and County of
San Francisco and Wholesale Customers in Alameda County, San Mateo
County and Santa Clara County.
2. This appointment shall continue through the term of the Agreement, as
extended or renewed, or until revoked by the City Council.
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Michael Brow ri g, Mai r
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 7th day of July,
2014 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, DEAL, KEIGHRAN, NAGEL, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
G
Mary Ellen Kearney, Ci y Clerk