HomeMy WebLinkAbout2009-08-18; Municipal Water District; Resolution 1373EXHIBIT 5
1 RESOLUTION NO.1373
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
3 DIRECTING STAFF TO RETURN WITH A DRAFT AGREEMENT
BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT
4 AND POSEIDON RESOURCES (CHANNELSIDE) LLC
FORMALIZING THE PROCESS FOR COLLECTING,
5 MONITORING AND ANALYZING DESALINATED WATER
PRODUCTION DATA NECESSARY TO DETERMINE THE
6 ELIGIBILITY REQUIREMENTS FOR THE METROPOLITAN
WATER DISTRICT'S $250 PER ACRE-FOOT INCENTIVE.
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WHEREAS, under Section 3.1.2 of the WPA, both CMWD and Poseidon agreed to use
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commercially reasonable efforts to obtain either a subsidy from the Metropolitan Water District ofy
Southern California (MWD) under its Seawater Desalination Program in an amount not less than
Two Hundred Fifty Dollars ($250.00) per acre-foot for CMWD's purchase of Desalinated Water or11
through the financial support of a third party which provides the CMWD with the economic
equivalent of not less than Two Hundred Fifty Dollars ($250.00) per acre-foot for the purchase of
I O
Desalinated Water; and
WHEREAS, to qualify for the subsidy, the CMWD and Poseidon must satisfy MWD'sI O
reporting requirements, and these requirements include specifying the public agency within MWD
17 to be responsible for record keeping and auditing functions for all water produced from the
18 seawater desalination project; and
1Q WHEREAS, staff recommends that CMWD be the responsible public agency, and that
2Q Poseidon prepares the required documentation on behalf of CMWD and at no additional cost to
21 CMWD for CMWD's submittal to MWD.
22 WHEREAS, since the action will not have any physical impact on the environment, the
23 consideration of the action is covered by the general rule that CEQA applies only to projects that
24 have the potential for causing a significant effect on the environment. In this case, it can be seen
25 with certainty that there is no possibility that the action may have a significant effect on the
26 environment and it is not subject to CEQA pursuant to CEQA regulation 15061 (b)(3).
27 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board
of the City of Carlsbad, California, as follows:
1 1. That the above recitations are true and correct.
2 2. That staff is authorized to prepare an agreement between CMWD and Poseidon
2 formalizing the process for collecting, monitoring and analyzing desalinated water production data
necessary to determine the eligibility requirements for the MWD incentive payment, and the
agreement to be submitted to the Board for their consideration.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District and the City Council of the City of Carlsbad on the
18th day of August 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Board Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
ATTEST:
LORRAJNE M.CW&QO, SJ0RETARY
Karen R. Kundtz, Assistant Secretary
(SEAL)