HomeMy WebLinkAboutReso - CC - 109-1990RESOLUTION NO. 109-90
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 1989-90 AND 1990-91
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. In
response, water use during April, May and June 1990 by wholesale
customers has been considerably below use during the
corresponding months of 1987; and
WHEREAS, the mandatory Water Conservation Program is
expected to remain in effect until at least May 1991; thus water
rationing will be imposed by the SFWD on its wholesale customers
for the majority of Fiscal Year 1990-91; and
WHEREAS, the Contract provides a methodology by which
individual wholesale customer's 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 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.
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
FY1989-90 (i.e., July 1, 1989 - June 30, 1990) and during
FY1990-91 (i.e., July 1, 1990 - June 30, 1991). 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.
Section 2. In all other respects, Section 7.02(b) of the
Contract shall remain in full force and effect and shall operate
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without modification as to water used during all years other
than FY1989-90 and FY1990-91, commencing with FY1991-92.
Section 3. This Resolution shall become effective upon
adoption of resolutions of like tenor by each of the 25 other
wholesale customers affected by Section 7.02(b) on or before
December 31, 1990. If each and all of the other 25 wholesale
customers have not adopted a resolution of like tenor by
December 31, 1990, 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 FY1989-90 and
FY1990-91 in accordance with their terms.
Section 4. If each and all of the 25 other wholesale
customers adopt resolutions suspending the operation of Section
7.02(b) as to water used during FY1990-91, but all 25 do not
adopt resolutions suspending operation of Section 7.02(b) as to
water used during FY1989-90 as well, this resolution shall be
effective to suspend operation of Section 7.02(b) as to water
used during FY1990-91 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 20th day of August ,1990,
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BARTON, HARRISON, O-MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: LEMBI
If
v CITY CLERK V