HomeMy WebLinkAboutReso - CC - 077-1988RESOLUTION NO. 77-88
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 YEARS 1987-1988 AND 1988-89
RESOLVED by the CITY COUNCIL of the City of Burlingame,
California, and this Council does hereby find, order, and deter-
mine as follows:
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 Pur-
chase Contract with the San Francisco Public Utilities Commis-
sion, each of which was entered into in 1984; and
WHEREAS, the San Francisco Public Utilities Commission, on
April 28, 1988, declared a water shortage emergency and adopted
a mandatory Water Conservation Program, including water ration-
ing 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. In
response, water use during April, May, and June 1988 by
wholesale customers of the SFWD has been considerably below use
during the corresponding months of 1987; and
WHEREAS, the mandatory Water Conservation Program is ex-
pected to remain in effect until at least April 1989; thus,
water rationing will be imposed by the SFWD on its wholesale
customers for the majority of Fiscal Year 1988-89; and
WHEREAS, the Contract provides a methodology by which in-
dividual 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 As-
surance 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 enact-
ment 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 con-
servation.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The provisions of Section 7.02(b) of the Contract deal-
ing 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 FY 1987-1988 (i.e.,
July 1, 1987 - June 30, 1988) and during FY 1988-89 (i.e., July
1, 1988 - June 30, 1989). Water usage during these two fiscal
years will not be used for any purpose in determining permanent
entitlements of the wholesale customers to suburban allocable
water.
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 FY
1987-1988 and FY 1988-1989, commencing with FY 1989-1990.
3. This Resolution shall become effective upon adoption of
resolutions of like tenor by each of the 25 other wholesale cus-
tomers affected by Section 7.02(b), on or before September 30,
1988. If each and all of the other 25 wholesale customers have
not adopted a resolution of like tenor by September 30, 1988,
then this resolution shall be of no further force or effect and
the provisions of Section 7.02(b) or the Contract shall apply to
water used during FY 1987-1988 and FY 1988-1989 in accordance
with their terms.
4. If the 25 other wholesale customers adopt resolutions
suspending the operation of Section 7.02(b) as to water used
during FY 1988-1989, but all 25 do no adopt resolutions suspend-
ing the operation of Section 7.02(b) as to water used during FY
1987-1988 as well, this resolution shall be effective to suspend
operation of Section 7.02(b) as to water used during FY 1988-
1989 only.
Vice Mayor
I, JUDITH A. MALFATTI, 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
1st day of August 1988, and adopted thereafter by the
following vote:
AYES: COUNCILMEMBERS: AMSTRUP, BARTON, LEMBI, MANGINI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIARO
City Clei