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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. 7 WHEREAS, under Section 3.1.2 of the WPA, both CMWD and Poseidon agreed to use 8 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. 5 6 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 '" 11115 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 '" 25 '" III 26 27 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 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)