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HomeMy WebLinkAboutReso - CC - 125-2000RESOLUTION NO. 125-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING INTERIM WATER SHORTAGE ALLOCATION PLAN PURSUANT TO SECTION 7.03(x) OF THE MASTER CONTRACT WITH SAN FRANCISCO RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame is one of 29 agencies in San Mateo, Santa Clara and Alameda Counties that purchase water from the City and County of San Francisco ("San Francisco") pursuant to a Settlement Agreement and Master Water Sales Contract entered into in 1984 ("Master Contract"). Collectively these 29 agencies are referred to in the Master Contract as "Suburban Purchasers;" and WHEREAS, Section 7.03(b) of the Master Contract provides, in general, that during times when insufficient water is available in the San Francisco water system to meet the demands of all users, water will be allocated among the Suburban Purchasers based on each agency's proportional purchase of water from the San Francisco Public Utilities Commission ("SFPUC") during the year immediately preceding the onset of shortage; and WHEREAS, a problem with the Master Contract method is that it discourages the Suburban Purchasers from taking steps during periods of normal water supply to reduce their purchases from the SFPUC through development of alternative supplies such as recycled water or through demand reduction programs; and WHEREAS, Section 7.03(a) of the Master Contract also allows for the SFPUC and the Suburban Purchasers to negotiate a water conservation plan which allocates water between the SFPUC's retail customers in San Francisco and elsewhere ("direct City water users") and the Suburban Purchasers in times of shortage. If such a plan is adopted by the SFPUC and all of the Suburban Purchasers, it will supersede the method provided for in the Master Contract; and WHEREAS, since November 1998, negotiations between the SFPUC and the Suburban Purchasers and discussions among the Suburban Purchasers have been conducted under the auspices of the San Francisco Bay Area Water Users Association ("BAWUA" ), an organization of which all Suburban Purchasers are members; and WHEREAS, these negotiations, and supporting technical analyses, have been conducted with the assistance of BAWUA staff, a consulting engineering firm engaged by BAWUA, and BAWUA's Water Resources Committee comprising technical staff of several representative BAWUA member agencies; and WHEREAS, the Interim Water Shortage Allocation Plan ("Plan") developed through this process comprises two components: A. "Tier One" Plan to which the SFPUC and all Suburban Purchasers are parties, which allocates water between the SFPUC's direct City water users and the Suburban Purchasers collectively; and B. "Tier Two" Plan to which only the Suburban Purchasers are parties, which allocates water among the individual Suburban Purchasers. WHEREAS, the Plan offers several advantages to all agencies which rely on the SFPUC water system, including: A. It provides for a pre -determined allocation of water during periods of shortage between San Francisco and the Suburban Purchasers collectively. B. It allocates water among individual Suburban Purchasers through a formula which lessens any disincentive for those agencies which reduce demand on the San Francisco system through development of alternative sources or conservation. C. It authorizes the "banking" of water savings by those agencies which are able to use less water than the amount allocated. D. It creates flexibility by allowing the transfer of a portion of any agency's allocation, as well as of its "banked" water, to other Suburban Purchasers. E. It remains in effect until September 2009, and may be reevaluated at that time, concurrently with the expiration of the Master Contract; and WHEREAS, On October 24, 2000, the SFPUC enacted Resolution No. 00-0244 which adopted the Interim Water Shortage Allocation Plan between the SFPUC and the Suburban Purchasers (the "Tier One" Plan). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as follows: 1. The Interim Water Shortage Allocation Plan, consisting of both the Tier One and Tier Two Plans, copies of which are attached hereto as Exhibits A and B, respectively, is approved. 2. This approval is conditioned upon (a) the SFPUC and each of the other 29 Suburban Purchasers approving the "Tier One" Plan; and (b) all of the other 29 Suburban Purchasers approving the "Tier Two" Plan, such approvals being evidenced through adoption of similar resolutions or other equivalently binding written commitments, and all such approvals occurring on or before July 31, 2001. 3. If such resolutions or binding commitments are not adopted by that date, this resolution will automatically expire and be of no further effect on July 31, 2001, unless it has been extended prior thereto by further action of this Council. YO I, ANN T. MUS So, 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 qday ofnECFMR_, 2000, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: COFFEY, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK J