HomeMy WebLinkAboutRESO 8032RESOLUTION NO. 8032
RESOLUTION OF THE COUNCIL OF PALO ALTO APPROVING
THE INTERIM
PURSUANT TO
WATER
SECTION
SHORTAGE
7.03(a)
ALLOCATION PLAN
OF THE SETTLEMENT
AGREEMENT AND MASTER WATER SALES CONTRACT WITH
THE CITY AND COUNTY OF SAN FRANCISCO
WHEREAS, the City of Palo Alto is one of 29 agencies in
San Mateo, Santa Clara and Alameda Counties (collectively
referred to in the Master Contract as the "Suburban Purchasers")
which purchase water from the City and County of San Francisco
("San Franciscoh) pursuant to a Settlement Agreement and Mastei
Water Sales Contract entered into on August 8, 1984 ("Master
Contract"); 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 Utili ties 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,
analyses, have
010125 syn 0071962
these negotiations,
been conducted with
1
and
the
supporting
assistance
technical
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
("Plan") developed
components:
Interim
through
Water
this
Shortage
process
Allocation
comprises
Plan
two
• 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
• a "Tier Two" Plan to which only
Purchasers are parties, which allocates
the individual Suburban Purchasers; and
the Suburban
water among
WHEREAS, the Plan offers several advantages to all
agencies which rely on the SFPUC water system, including:
• It provides for a pre-determined allocation of water
during periods of shortage between San Francisco and
the Suburban Purchasers collectively;
• 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;
• It authorizes the "banking" of water savings by those
agencies which are able to use less water than the
amount allocated;
• 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; and
• 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 adopted
Resolution No. 00-0244 to approve the Interim Water Shortage
Allocation Plan between the SFPUC and the Suburban Purchasers
(the "Tier One" Plan);
NOW, THEREFORE, the Council of the City of Palo Alto
does hereby RESOLVE as follows:
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SECTION 1. The Council hereby approves 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.
SECTION 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 the adoption of similar resolutions or other
equivalently binding written commitments, and all such approvals
occurring on or before July 31, 2001.
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.
SECTION 3. The Council finds that the adoption of this
resolution does not constitute a project under the California
Environmental Quality Act and no environmental assessment is
required.
INTRODUCED AND PASSED January 22, 2001
AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, LYTLE,
MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
AT~~-~
City Clerk
APPROVED:
APPROV~FORM:
Senior Asst. Ci~ney
3
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