Resolution No. 6870
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RESOLUTION NO. 6870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN IN-LIEU REPLENISHMENT AGREEMENT (CENTRAL BASIN
AND WEST COAST BASIN: JULY 1, 1996-JUNE 30, 1997)
BY AND BETWEEN THE CITY OF VERNON AND THE WATER
REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA
WHEREAS, the Central Basin Municipal Water District is a
agency of the Metropolitan Water District, and the City of
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Vernon as a purchaser of water from the Central Basin Municipal
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Water District is designated a "water producer"; and
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WHEREAS, the Metropolitan Water District has adopted a
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program whereby "water producers" of member agencies may purchase
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water on a restricted basis during specific months at an "In-Lieu"
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replenishment rate; and
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WHEREAS, the Water Replenishment District for Southern
California ("Replenishment District") was formed to carry out
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replenishment functions in Central and West Basin; and
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WHEREAS, the City Council of the city of Vernon first
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entered into an In-Lieu Replenishment Agreement in 1978 with the
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Replenishment District and has entered into such agreements annually
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thereafter; and
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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
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that period, thereby allowing the groundwater basin to be
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replenished; and
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WHEREAS, the City Administrator has recommended the
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approval of the Replenishment District In-Lieu Replenishment
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2 Agreement, (Central Basin and West Coast Basin: July 1, 1996-June
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4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
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approves the In-Lieu Replenishment Agreement (Central Basin and West
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Coast Basin: July 1, 1996-June 30, 1997), a copy of which has been
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presented to the City Council concurrently with this resolution, and
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the City Council hereby orders said Agreement to be received and
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filed by the City Clerk.
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SECTION 3: The City Council of the city of Vernon hereby
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authorizes the Mayor and the City Clerk to execute said Agreement
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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 5th day of November, 1996.
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,,,tv_ _E_?NIS C. MAL URG, Ma~r
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ATT~ / ~
BRUCE V. MALKENHORST, City Clerk
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2 STATE OF CALIFORNIA )
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3 COUNTY OF LOS ANGELES )
4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
5 do hereby certify that the foregoing Resolution, being Resolution
6 No. 6870, was duly adopted by the City Council of the City of Vernon
7 at a regular meeting of the City Council was duly held on Tuesday,
8 November 5, 1996, and thereafter was duly signed by the Mayor of the
9 City of Vernon.
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11 BRUCE V. MALKENHORST, City Clerk
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IN-LIEU REPLENISHMENT AGREEMENT
(CENTRAL BASIN AND WEST COAST BASIN: July 1, 1996 - June 30, 1997)
THIS AGREEMENT is entered into as of Novc:rn~ 19 .IOJqroby and between
WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA, a public entity
hereinafter "WRD") and City of Vernon (hereinafter "Producer").
RECIT ALS
Pursuant to the judgment in the case of Central and West Basin Water
Reelenishment 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 Comeanv et al. v. City of Cometon. et aI., 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 all or a
portion of Producer's unused CAPR and Producer is willing to retire such rights
pursuant to the terms of this Agreement.
Producer must participate in MWD's Seasonal Storage Program and must
qualify for Seasonal Storage Service Water to be eligible to participate in the In-Lieu
Replenishment Program.
AGREEMENTS
The parties agree as follows:
1 . Reduction in Pumeing. Producer agrees to use its best efforts to
increase purchases of imported water above what it would otherwise purchase
during the Seasonal Storage period as set by MWD and thereby decrease the
amount of water it pumps from the groundwater basins. However, Producer shall
not become liable to WRD for failing to increase its imported water purchases and
decrease its groundwater extractions from the groundwater basins, except to the
extent of payments made to Producer by WRD pursuant to this Agreement.
October 2. 1996
1
1996-97/n-Lieu Agreement
2. Producer's Statement of Riohts to be Retired. An estimate of the
amount of Producer's CAPR to be retired under this Agreement for each quarter
during the current administrative year is contained in Attachment A. This estimate
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.
3. Entitlement to In-Lieu Payment. To be finally entitled to payments
from WRD under this Agreement for unused CAPR in a particular basin, Producer
must have pumped, transferred to others, or otherwise retired less than all of its
CAPR in that basin during the current administrative year. Prior to becoming
eligible for payments hereunder, producer must have received Seasonal Storage
Service Water in such basin from Metropolitan Water District for 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 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 twenty dollars ($120) 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
promptly paid.
October 2, 1 996
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1996-97 In-Lieu Agreement
7. Quarterlv 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 cap provided in Paragraph 3), WRD shall make
payment for any such rights within 90 days of receipt of Watermaster's final report
of production for such year.
8. Quitclaim of Pumoino Riohts. 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. Termination. This Agreement is subjectto 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 10 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:
October 2. 1996
3
1996-97 In-Lieu Agreement
TO: WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA
12621 East 166th Street
Cerritos, CA 90703
A TTN: MELINDA SPERRY
TO: Producer:
City of Vernon
4305 Santa Fe Avenue
Vernon. CA
90058
A TTN: Samuel Kevin Wilson
11. Attornevs' 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.
13. Authoritv 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. Governina Law. This Agreement shall be interpreted and enforced
under the laws of the State of California.
The following attachment is hereby made a part of this AGREEMENT.
Attachment A - Estimate of Rights to be Retired.
October 2. 1996
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1996-97 In-Lieu Agreement
WHEREFORE, the parties have executed this Agreement as of the date
appearing opposite their signatures.
By:
WATER REPLENISHMENT DISTRICT
OF SOUTI:-IERN CALIFORNIA
~ PrO (dJ1rv/-
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General Manager
DATED: Ni;;Vt:;I'Y)Gl57Z- 19/ /9CJ(p
DA TED:
II - (f"-9'6
CITY OF VERNON
(Name of Producer)
(Titles and capacities
of persons executing
on behalf of Producer
should be set forth.)
ATTEST:
BY:~~~C/.;;1~1{' 6W~ '
--L:i c. Ha~
By:
Bruce V. Malkenhorst, CITY CLERK
By:
October 2. 1996
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1996-97 In-Lieu Agreement
Estimate of Rights to be Retired
1996-97 WRD In-lieu Replenishment Program
Agency
City of Vernon
Contact
Samuel Kevin Wilson
Phone #
(213)583-8811 Ext. 245
Estimate of Rights to be retired:
Central Basin
West Basin
Oct - Dee 96
1,000
Jan - March 97
1,100
April - June 97
400
Total Estimate
2,500
AF
AF
ATTACHMENT A
F~
DIRECTORS
DR. KENNETH M. ORDUNA, PRESIDENT
LEO J. VANDER LANS, VICE PRESIDENT
ALBERT ROBLES, TREASURER
M. SUSAN CARRILLO, SECRETARY
WATER REPLENISHMENT DISTRICT ROBERT Gol_DSwoRTHV, DIRECTOR
OF SOUTHERN CALIFORNIA FRED CARDENAS, GENERAL MANAGER
TRANSMITTAL LETTER
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DATE: January 17, 1997 FED ~ ®199?
TO: Samuel Kevin Wilson
City of Vernon C®~~,?~~~fy Servic@§
4305 Santa Fe Avenue
Vernon, CA 90058
Enclosed are the followin
Copies Description
1 1996-97 In-Lieu Replenishment Agreement
They are transmitted:
For approval - Approved as noted
For review and comment As requested
For action Please return
X For your information/files
Comments
Enclosed is one fully executed copy of the Replenishment Agreement for your files. Please be
aware that the maximum amount of rights that you may retire for this fiscal year is 2,500
acre-feet (your estimate).
If you have any questions, please call me at 310) 407-1924.
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Signed: > .f.,, ~ 1{~_,; ~ % _
Melinda Sperry
12621E 166th Street, Cerritos, California 90703 Phone (310).921-5521 Fax (310) 921-6101
® Printed on Recycled Paper.
l/~~~
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
FAX: (818) 330-5818
Mayor
KEVIN WILSON
THOMAS A. YBARRA
Mayor Pro-Tem Director of Community Services & Water
FAX: (213)588-2761
Wm. BILL" DAVIS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581'=1385
BRUCE V. MALKENHORST CI'T'Y HALL Louls xosElvxRANTz
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
.November 18, 1996
Melinda Sperry
Water Replenishment District
of Southern California
12621 East 166th Street
Cerritos, California 90703
Re: In-Lieu Replenishment Agreement
(Central Basin and West Coast Basin: 7/1/96-6/30/97)
Dear Ms. Sperry: .
Enclosed herewith are two duplicate originals of the above
referenced agreement which have been executed by the officials of
the City of Vernon.
Please return one fully executed agreement to the attention of the
undersigned after your general manager has executed both documents.
Very truly yours,
CITY OF VERNON
~~'~t->
G o iaa ~ rosco
Chief Depu y City Clerk
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Enclosure
cc: Kevin Wilson
Director of Community Services
and Water
CITY COUNCIL ` 1'L ~ h B. BREARLEY
LEONIS C. MALBURG ~ ~ g ~ Attorney
Mayor / ~ ` ~I,~ 818)330-5818
THOMAS A. YBARRA - V WILSON
Mayor Pro-Tem 7 ~ f,~/ ~ ~nuruty Services & Water
~,~r G'"" \.588-2761
Wm. "BILL" DAMS
Councilman `DeDARIO
H. "LARRY" GONZALES ~d~~>~ " ~~ght & Power
FAX: (213) 583-1983
Councilman
W. MICHAEL McCORMICK DAVE TELFORD
Councilman Fire Chief
FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
October 30, 1996
City Council
City of Vernon
Honorable Members:
Transmitted herewith is the In-Lieu Replenishment Agreement (Central
Basin and West Coast Basin: July 1, 1996 - June 30, 1997) with the
Water Replenishment District of Southern California. This has been
reviewed by the Director of Community Services and City Attorney, and
it is hereby recommended that the agreement be approved and executed.
Very truly yours,
`7
ruc ~ C- ~
e V . Make horst
City Clerk
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