HomeMy WebLinkAboutReso - CC - 111-1992RESOLUTION NO. 111-92
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 1992-93
WHEREAS, the 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 April 23, 1992, the San Francisco Public
Utilities Commission concluded that a water shortage emergency
condition continued, as a result of a sixth consecutive year of
below -normal precipitation; and
WHEREAS, the mandatory Water Conservation Program is
expected to remain in effect until at least Spring 1993; thus,
water rationing will be imposed by the SFWD on its wholesale
customers for the majority of Fiscal Year 1992-93; 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 Conservation
Program by the San Francisco Public Utilities Commission and the
actions by this agency and the other wholesale customers to
encourage water conservation.
1
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Subject to the provisions of Section 3 of this
Resolution, the provisions of Section 7.02(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 1992-93 (i.e., July 1, 1992 - June 30, 1993). 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 7.02(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 1992-93, commencing with Fiscal Year 1993-94.
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
7.02(b) on or before December 31, 1992. 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, 1992,
then this Resolution shall be of no further force or effect and
the provisions of Section 7.02(b) of the Contract shall apply to
water used during Fiscal Year 1992-93 in accordance with their
terms.
'B
ayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlin-
game, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council held on the
7th day of DECEMBER , 1992, and was adopted
thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, 0-MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIARO
'City Clerk