HomeMy WebLinkAbout2011-09-13; City Council; Resolution 2011-223EXHIBIT 2
1
RESOLUTION NO. 2011-223
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, APPROVING THE AGREEMENT WITH THE SAN
DIEGO COUNTY WATER AUTHORITY MEMORIALIZING
4 CERTAIN UNERSTANDINGS AND ESTABLISHING A
FRAMEWORK FOR COOPERATION REGARDING THE
5 PROPOSED CARLSBAD SEAWATER DESALINATION
PROJECT
6
7 WHEREAS, on October 19, 2004 the CMWD Board executed a Water Purchase
8 Agreement (WPA) with Poseidon Resources; and
g
WHEREAS, the City performed the required CEQA approvals and certified the
10
Environmental Impact Report (EIR) for the project on June 13, 2006 and approved an
11
Addendum to the certified EIR on September 15, 2009; and
12
WHEREAS, the City entered into an Amended and Restated Development
14 Agreement with Poseidon executed by the City on October 5, 2009, addressing certain
15 benefits to be derived from the project; and
16 WHEREAS, SDCWA and Poseidon began having discussions about a new
17 arrangement, wherein SDCWA would purchase all of the proposed project's product
18 water; and
19 WHEREAS, at its July 22, 2010 meeting, the SDCWA Board approved a Term
20 Sheet outlining general terms between SDCWA and Poseidon; and
21
WHEREAS, in addition to the general terms contained within the Term Sheet,
22
there is a provision that the SDCWA may acquire the desalination facility at any time
23
after ten years of commercial operation; and
25 WHEREAS, in order to preserve the numerous benefits that had been provided
26 to Carlsbad in the Water Purchase Agreement, Development Agreement and related
27 City permits, approvals and agreements, City/CMWD staff began conversations with
28
1 SDCWA to develop an agreement that will protect the interests of the citizens and rate
2 payers of Carlsbad; and
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
4
Carlsbad, California, as follows that:
5
1. The above recitations are true and correct.
6
2. That the City Council approves the "Agreement Memorializing Certain
8 Understandings and Establishing a Framework for Cooperation Regarding
9 a Desalination Project located within the City of Carlsbad", hereinafter
10 referred to as the "Agreement" with San Diego County Water Authority
11 ("CWA"). The City Manager is authorized to execute it provided
12 Attachment "A" to the agreement is approved as to form by the City
13 Attorney, the Agreement is fully executed by CWA and, Poseidon and
14 CMWD have entered into a legally binding agreement establishing the
15
terms under which the parties would rescind the Water Purchase
16
Agreement between them.
17
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 I''
26 I"
27 '"
28
1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
2 Carlsbad City Council, Carlsbad Municipal Water District Board of Directors and
3 Carlsbad Housing and Redevelopment Commission held on the 13th day of September
4 2011, by the following vote to wit:
5 "
6..
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
7
NOES: None.8
9 ABSENT: None.
10
11
MATT HALL, Mayor
12
ATTEST:13
14
15 ^ IDRRAINE M. WOOD, city cierk
16 (SEAL)
17
18
19
20
21
22
23
24
25
26
27
28
"<t^