HomeMy WebLinkAboutReso - CC - 064-1991RESOLUTION NO. 64 -
SUSPENDING OPERATION OF SECTION 7.02(b)
OF
SETTLEMENT AGREEMENT AND MASTER WATER SALES CONTRACT
WITH THE CITY AND COUNTY OF SAN FRANCISCO
FOR FISCAL YEAR 1991/92
WHEREAS, CITY OF BURLINGAME obtains water from the San
Francisco Water Department (SFWD), pursuant to the terms of a
Settlement Agreement and Master Water Sales Contract with the
City and County of San Francisco (Contract) and a Water
Purchase Contract with the San Francisco Public Utilities
Commission, each of which was entered into in 1984; and
WHEREAS, the San Francisco Public Utilities Commission,
on May 8, 1990 declared a water shortage emergency and adopted
a mandatory Water Conservation Program, including water
rationing and excess use charges. The goal of the mandatory
Water Conservation Program is to reduce significantly the
consumption of water supplied by the SFWD within its service
area; and
WHEREAS, on February 26, 1991 and April 23, 1991 the San
Francisco Public Utilities Commission concluded that a water
shortage emergency condition continued, as a result of a fifth
consecutive year of below -normal precipitation; and
WHEREAS, the mandatory Water Conservation Program is
expected to remain in effect until at least spring 1992; thus,
water rationing will be imposed by the SFWD on its wholesale
customers for the majority of fiscal Year 1991/92; and
WHEREAS, the Contract provides a methodology by which
individual wholesale customers' entitlements to the overall
Supply Assurance made by San Francisco are determined. Unless
the wholesale customers otherwise agree, this determination is
based on water usage by individual wholesale customers; and
WHEREAS, the provisions of the Contract which determine
permanent entitlements to a portion of the overall Supply
Assurance based on water used are not compatible with efforts
by all the wholesale customers to reduce consumption of SFWD
water. They should, therefore, be suspended in response to
the enactment and continuation of the mandatory Water Conser-
vation Program by the San Francisco Public Utilities Commis-
sion and the actions by this agency and the other wholesale
customers to encourage water conservation.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Subject to the provisions of Section 3 of
this Resolution, the provisions of Section 7.O2(b) of the
Contract dealing with the allocation of that portion of the
Supply Assurance designated as "suburban allocable water"
shall be suspended as to water used by wholesale customers
during Fiscal Year 1991/92 (i.e., July 1, 1991 - June 30,
1992). Water usage during this fiscal year will not be used
for any purpose in determining permanent entitlements of the
wholesale customers to suburban allocable water.
Section 2. In all other respects, Section 7.O2(b) of the
Contract shall remain in full force and effect and shall
operate without modification as to water used during all years
other than Fiscal Year 1991/92, commencing with Fiscal Year
1992/93.
Section 3. This Resolution shall become effective upon
adoption of resolutions of like tenor (or other similar
action) by each of the 25 other wholesale customers affected
by Section 7.O2(b) on or before December 31, 1991. If each
and all of the other 25 wholesale customers have not adopted a
resolution of like tenor (or taken other similar action) by
December 31, 1991, then this Resolution shall be of no further
force or effect and the provisions of Section 7.O2(b) of the
Contract shall apply to water used during Fiscal Year 1991/92
in accordance with their terms.
I, JUDITH A. MALFATTI, City Clerk of the City of Burlin-
game, certify that the foregoing Resolution was introduced at
a regular meeting of the City Council held on the 1st day
of July 1991, and was adopted thereafter by the
following vote:
AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIARO
?e6911
City Cler
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