Resolution No. 6287
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RESOLUTION NO. 6287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN IN-LIEU REPLENISHMENT AGREEMENT, JULY 1,
1993-JUNE 30, 1994, BY AND BETWEEN THE CITY OF
VERNON AND THE WATER REPLENISHMENT DISTRICT OF
SOUTHERN CALIFORNIA
WHEREAS, the Central Basin Municipal Water District is a
member agency of the Metropolitan Water District; and
WHEREAS, the City of Vernon purchases water from the
Central Basin Municipal Water District; and
WHEREAS, the Metropolitan Water District has adopted a
program whereby "water producers" of member agencies may purchase
water on a restricted basis during specific months at an "In-Lieu"
replenishment rate; and
WHEREAS, the purpose of these "In-Lieu" programs is to use
imported water during said In-Lieu periods at a reduced rate in
substitution of groundwater which would otherwise be pumped during
that period, thereby replenishing the groundwater basin; and
WHEREAS, the Central and West Basin Water Replenishment
District ("Replenishment District") was formed to carry out
replenishment functions; and
WHEREAS, the City Council of the City of Vernon first
entered into an In-Lieu Replenishment Agreement in 1978 between the
City of Vernon and the Central and West Basin Replenishment
District, and on October 20, 1992 by Resolution No. 6173 approved
and authorized the execution of the In-Lieu Replenishment Agreement,
July 1, 1992-June 30, 1993; and
WHEREAS, on April 27, 1993 by Resolution 6240, the City
Council approved and authorized the execution of an addendum to said
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In-Lieu Replenishment Agreement, which permitted the City to
purchase additional In-Lieu water at substantial savings; and
WHEREAS, the Central and West Basin Water Replenishment
District now is known as the Water Replenishment District of
Southern California; and
WHEREAS, the City Administrator has recommended the
approval of the In-Lieu Replenishment Agreement, July 1, 1993-June
30, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the city of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the In-Lieu Replenishment Agreement, July 1, 1993-June 30,
1994, a copy of which has been presented to the City Council
concurrently with this resolution, and the City Council hereby
orders said Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement
for, and on behalf of, the City of Vernon.
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SECTION 4:
The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 6th day of July 6, 1993.
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EONIS C. MALBURG, Mayor
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
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No. 6287, was duly adopted by the City Council of the City of Vernon
at a regular meeting of the City Council was duly held on Tuesday,
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July 6, 1993, and thereafter was duly signed by the Mayor of the
City of Vernon.
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( SEAL)
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IN-LIEU REPLENISHMENT AGREEMENT
(CENTRAL BASIN AND WEST COAST BASIN: July 1, 1993 - June 30, 1994)
THIS AGREEMENT is entered into as of AUGu~) r !5; 199:4 by and between
WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA, a public entity
hereinafter "WRD") and Cr T'1 Ol=- \;{S7ft0or--.J (hereinafter "Producer").
RECIT AL$
Pursuant to the case of Central and West Basin Water Replenishment
District. et al.. vs. Charles E. Adams. et al.. Los Angeles Superior Court No.
786656, ("Central Basin Adjudication") or the case of California Water Service
Company et at. v. City of Compton; et .aJ...., Los Angeles Superior Court Case No.
506806, ("West Coast Basin Adjudication"), Producer is entitled to pump a certain
amount of groundwater from the Central Basin or the West Coast Basin. The
amount which Producer is entitled to pump varies from year to year and is referred
to as "Current Allocated Pumping Rights" ("CAPR") for the purposes of this
Agreement.
This In-lieu Replenishment Agreement is authorized by California Water Code
~60230(p). In order to limit Producer's extraction of groundwater from the Central
Basin or the West Coast Basin, as the case may be, WRD wishes to retire
Producer's unused CAPR, and Producer is willing to retire such rights pursuant to
the terms of this Agreement.
AGREEMENTS
The parties agree as follows:
1. Reduction in Pumping. Producer agrees to use its best efforts to
decrease the amount of water it pumps from the groundwater basins. However,
Producer shall not become liable to WRD for failing to decrease its groundwater
extractions from the groundwater basins, except to the extent of payments made
to Producer by WRD pursuant to this Agreement.
2. Producer's Statement of Rights to b~ Retired. Within thirty (30) days
after the date of this Agreement, Producer shall furnish in writing to WRD a
statement of the amount of Producer's CAPR to be retired under this Agreement for
each quarter during the current administrative year. Such statement may be
revised thereafter only with the written approval of WRD. WRD shall rely on such
statement in making payments hereunder during the current administrative year.
June 9, 1993
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3. Entitlement to In-Lieu Payment. To be finally entitled to payments
from WRD under this Agreement, Producer must have pumped, transferred to
others, or otherwise retired less than all of its CAPR during the current
administrative year. WRD will pay Producer the rate of payment defined below for
each acre-foot of CAPR not pumped, transferred to others (whether by lease or
otherwise), or otherwise retired. The maximum quantity of Producer's CAPR which
will be paid for pursuant to this Agreement will be one hundred ten percent (110%)
of the sum of the quarterly amounts set forth in Producer's statement pursuant to
Paragraph 2 above.
4. Rate of Payment. All payments under this contract shall be made by
WRD at the rate of one hundred ten dollars ($110) per acre~foot.
5. Additional. Documentation. At any time during the term of this
Agreement, WRD may determine that further data or investigation is needed to
support the claim of Producer for payment under this Agreement, and may request
that Producer provide such further data or allow such further investigation. WRD
shall have the right to withhold payment until any such additional data is provided
or any necessary investigation is completed, and until WRD is satisfied that
Producer is entitled to payment hereunder. Nothing herein shall prevent WRD from
recovering any amounts paid under this Agreement from Producer which WRD
contends. were not properly due and owing to Producer, whether such payments
were made by reason of mistake or otherwise.
6. Watermaster Data Conclusive. Payments hereunder are contingent
upon Producer's providing all required reports of production to Watermaster and
upon Producer's full compliance with the applicable basin adjudication order. Any
payments made hereunder by WRD shall be finally determined based on the data
determined by Watermaster in its annual report under the relevant basin
adjudication for the current administrative year. Any discrepancies shall be
immediately rectified and any amounts owing between WRD and Producer shall be
prqmptly paid.
7. Quarterly Estimated In-Lieu Payments. Estimated payments under this
Agreement shall, unless otherwise agreed, be made to Producer. by WRD on a
quarterly basis. Each quarterly payment shall be calculated by multiplying the
Producer's rights to be retired for that quarter pursuant to Producer's statement of
CAPR (given pursuant to Paragraph 2) by the in-lieu payment amount pursuant to
Paragraph 4) . Payment shall be due within ninety (90) days following the end of a
quarter, unless otherwise agreed. To the extent that quarterly payments made
pursuant to this Agreement fail to compensate for all unused CAPR for the current
administrative year (subject to the 110% cap provided in Paragraph 3), WRD shall
make payment for any such rights within 60 days of receipt of Watermaster's final
report of production for such year.
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8. Quitclaim of Pumping Rights. For all CAPR paid for by WRD pursuant
to this Agreement, this Agreement shall constitute a quitclaim, effective as of the
date of such payment, of such water rights, and Watermaster is expressly
authorized to deduct such quantity as if it had been pumped or extracted from the
applicable groundwater basin by Producer during the current administrative year.
Each quarterly payment, when made, shall be deemed to be in lieu of all of the
estimated production for that quarter given pursuant to Paragraph 2, above, and
shall immediately cause the retirement of such rights. Producer expressly
acknowledges that any payments made hereunder are received in lieu of the
exercise of such rights, and that such rights are irrevocably retired for such year
upon receipt of payment.
9. Terminqtion. This Agreement is subject to termination with or without
cause by WRD or Producer upon five (5) days written notice, such notice to be
deemed effective upon personal delivery or two days after mailing to the
appropriate address as listed in Paragraph 1 0 below. This Agreement is effective
for the current' administrative year only and shall automatically terminate at the end
of such year.
10. Notices. All notices under this Agreement may be sent by first class
U.s. Mail, with postage prepaid, addressed to the appropriate addressee as follows:
TO: WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA
12621 East 166th Street
Cerritos, CA 90701
Attention: General Manager
TO: Producer: CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Victor.H. Vaits
11. Attorneys' Fees. If any action at law or in equity is brought to
enforce or interpret the provisions of this Agreement, the prevailing party shall be
entitled to its reasonable attorneys' fees.
12. Injunctive Relief. The parties acknowledge and agree that monetary
damages would be inadequate to compensate WRD for loss of groundwater
recharge in the event of Producer's breach. Accordingly, it is agreed that injunctive
relief shall be available to enforce the provisions of this Agreement, whether such
action is brought under the court's continuing jurisdiction pursuant to the applicable
basin judgment, or in a separate action brought for that purpose.
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13. Authority to Execute. Each person executing the Agreement below
hereby declares that he or she has appropriate authority to enter into this
Agreement on behalf of the party that person represents.
14. Governing Law. This Agreement shall be interpreted and enforced
under the laws of the State of California.
WHEREFORE, the parties have executed this Agreement as of the date
appearing opposite their signatures.
DATED: AUG()ST.5
I 1 993
WATER REPLENISHMENT DISTRICT
OF SOUTHERN CALIFORNIA
By:
DATED: ~~7
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CITY OF VERNON
(Name of Producer)
(Titles and capacities
of persons executing
on behalf of Producer
should be set forth.)
ATTEST By:
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City Clerk
Approved as to Form:
ltd~B~\'':?e~ 7/1l/J}
City Attorney
June 9, 1993
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