Resolution No. 7025
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RESOLUTION NO. 7025
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, 1997-JUNE 30, 1998)
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
8 Vernon as a purchaser of water from the Central Basin Municipal
9 Water District is designated a "water producer"; and
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WHEREAS, the Metropolitan Water District has adopted a
11 program whereby "water producers" of member agencies may purchase
12 water on a restricted basis during specific months at an "In-Lieu"
13 replenishment rate; and
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WHEREAS, the Water Replenishment District for Southern
15 California ("RepleniShment District") was formed to carry out
16 replenishment functions in the Central Basin and West Coast Basin;
17 and
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WHEREAS, the City Council of the city of Vernon first
19 entered into an In-Lieu Replenishment Agreement in 1978 with the
20 Replenishment District and has entered into such agreements annually
21 thereafter; and
22 WHEREAS, the purpose of these "In-Lieu" programs is to use
23 imported water during said In-Lieu periods at a reduced rate in
24 substitution of groundwater which would otherwise be pumped during
25 that period, thereby allowing the groundwater basin to be
26 replenished; and
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WHEREAS, the City Administrator has recommended the
28 approval of the Replenishment District In-Lieu Replenishment
"
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Agreement, (Central Basin and West Coast Basin: July 1, 1997-June
30, 1998); and
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 (Central Basin and West
Coast Basin: July 1, 1997-June 30, 1998), 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.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 16th day of September, 1997.
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, city Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 7025, was duly adopted by the City Council of the City of Vernon
6 at a regular meeting of the City Council was duly held on Tuesday,
7 September 16, 1997, and thereafter was duly signed by the Mayor of
8 the City of Vernon.
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A./~
BRUCE V. MALKENHORST, City Clerk
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CITY COUNCIL - BREARLEY
LEOMS C. MALBURG I Attorney
M18) 330-5818
Mayor
THOMAS A. YBARRA ~ WILSON
Mayor Pro-Tem ~?unity Services & Water
_ ,113) 588-2761
Wm. "BILL" DAMS KENNETH J. DeDARIO
Councilman
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 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
September 24, 1997
Water Replenishment District of Southern California
12621 E. 166th Street
Cerritos, California 90703
Attn: Melinda Sperry
Re: In-Lieu Replenishment Agreement
Gentlemen:
Transmitted herewith are two (2) duplicate originals of the In-
Lieu Replenishment Agreement which were presented to the Vernon
City Council and approved on September 16, 1997.
I am requesting that you forward these. documents to the
authorized representative for signature, and then return one
executed Agreement to me.
Thank you for your assistance in this matter.
Ver 'truly) your ,
~~.C./ -
ria J. O o
-Chief Deputy City Clerk
GJO/mm _ _ _ -
enclosures ~1
cc: Director of Community Services~~~
f?N"
IN-LIEU REPLENISHMENT AGREEMENT
(CENTRAL BASIN AND WEST COAST BASIN: July 1, 1997 -June 30, 1998)
THIS AGREEMENT is entered into as of by and between
WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA, a public entity
hereinafter "WRD") and (hereinafter "Producer").
RECITALS
Pursuant to the judgment in 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 al, v. City of Compton. et al., 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 Pumping. 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
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amount of water it pumps from the groundwater basins. However, Producer sh-all
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 Agreemento
August 27, 1997 1 1997-99 /n-Lieu Agreement
2. Producer's Statement of Rights 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 (5120) 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.
August ~7, 1997 2 1997-98 In-Lieu.4greemen8
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 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 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. Termination. 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 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.B. Mail, with postage prepaid, addressed to the appropriate addressee as follows:
AugusP 27, 9997 3 1997-99 /n-Lieu Agreement
TO: WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA
12621 East 166th Street
Cerritos, CA 90703
ATTN: MELINDA SPERRY
TO: Producer.
cite of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
ATTN: Samuel Kevin Wilson
1 1. 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 grqundwater
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. 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.
The following attachment is hereby made a part of this AGREEMENT.
Attachment A -Estimate of Rights to be Retired.
August 27, 1997 4 9997-98 /n-Lieu Agreement
WHEREFORE, the parties have executed this Agreement as of the date
appearing opposite their signatures.
WATER REPLENISHMENT DISTRICT
DATED: OF SOUTHERN CALIFORNIA
By:
General Manager
DATED: CITY OF VERNON
(Name of Producer)
(Titles and capacities By:
of persons executing eonis c. Malburg, MAYOR
on .behalf of Producer /
should be set forth.) ATTEST: By.
Bruce V. Malkenhorst, CITY CLERK
APPROVED AS TO FORM:
By:
David B. Brear ey, CITY AT RNEY
August 27, 1997 ~J 1997-98 /n-Lieu AgveemenP
Estimate of Rights to be Retired
1997-98 WRD In-Lieu Replenishment Program
Agency CITY OF VERNON
COntaCt Samuel Kevin Wilson
Phone # (213)583-8811
1=aX # (213)588-2761
Estimate of Rights to be retired:
Central Basin West Basin
Oct -Dec 97 1070
Jan -March 98
1070
April -June 98 X60
Total Estimate 2500 AF AF
9~i~ -g~
t re Date
A'I"TAC~IMEN'~' ~
CITY ('(7T T>\rrTr ~ DAVID B. BREARLEY
LEOl ~ ~ City Attorney
pV . FAX: (818) 330-5818
THO; \\y KEVIN WILSON
~ Director of Community Services & Water
FAX: (213) 588-2761
Wm
KENNETH J. DeDARIO
Director of Light & Power
H. "LA] FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY MALL 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
September 11, 1997
City Council
City of Vernon
Honorable Members:
The Community Services Department is requesting to renew the In-Lieu
Replenishment Agreement with the Water Replenishment District of
Southern California for the period July 1, 1997 thru June 30, 1998.
It is hereby recommended that the Agreement be approved and the Mayor
and City Clerk be authorized to execute said agreement and a
resolution adopted.
Very t my yours,-
Bruce V. Malkenhorst
City Clerk
BVM/mm
enclosure
September 10, 1997
C-3
TO: Bruce V. Malkenhorst, City Administrator
FROM:. Samuel "Kevin" Wilson 'Director of Community Services
& Water
SUBJECT: IN-LIEU REPLENISHMENT AGREEMENT
Herewith for your consideration is a proposed In-Lieu
Replenishment Agreement covering the period July 1, 1997 thru
June. 30, 1998.
It is recommended that the agreement be approved by the City
Council- and the Mayor be authorized to execute the document. The
City Attorney will be preparing the resolution.
SKW:ps
cc: City Attorney
DIRECTORS
DR. KENNETH M. ORDUIVA, PRESIDENT
M. SUSAN CARRILLO, VICE PRESIDENT
ALBERT ROBLES, TREASURER
ROBERT GOLDSWORTHY, SECRETARY
WATER REPLENISHMENT DISTRICT LEO J. VANDER LANS, DIRECTOR
OF SOUTHERN CALIFORNIA FRED CARDENAS, GENERAL MANAGER
September 3, 1997
~ .-~~g~~®
Mr. Tom Kennedy 4
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
SUBJECT: 1997-98 In-Lieu Replenishment Agreement
Dear Mr. Kennedy:
Enclosed is a copy of the above referenced Agreement with an estimate form for participation in
the Water Replenishment District of Southern California's 1997-98 In-Lieu Program. This
year's Agreement has not changed from last year. The Program highlights are as follows:
? Any agency wishing to participate in the In-Lieu Program must certify for (and receive)
MWD Seasonal Storage water.
? The in-lieu rate is $120/AF.
? The current budget for the program is 30,000 AF.
The District has prioritized areas of participation based on relative benefits to basin management.
The highest priority is the West Coast Basin, the next priority is the southern portion of Central
Basin (basically south of the Artesia Freeway), and the third priority is the Los Angeles Forebay.
Participation will only be requested from agencies in these three areas. Therefore, we expect that
the budget limit of 30,000 acre-feet will be sufficient to accommodate everyone's requests based
on past participation.
- - - If you wish to participate, please sign the estimate form and return it to the Replenishment
District office before September 30, 1997 (You may also fax your estimate to 562-921-6101,
Attn: Melinda Sperry). Each estimate, when received, will be dated and time stamped. In the
event the estimates are over the budgeted amount, the order of acceptance up to the budgeted
amount will be by the priorities as stated above, then by date of receipt of the signed estimate if
necessary. No priority will be given to agencies whose estimates are received after September
12621 E. 166th Street, Cerritos, California 90703 Phone (562) 921-5521 Fax (562) 921-6101
Printed on Recycled Paper. ` ias
Mr. Tom Kennedy
September 3, 1997 Page 2
30, 1997, and would be included only if the total requests received prior are below the budgeted
amount.
Please return the signed Agreements by October 30, 1997. WRD will fill in the first blank on
page 1 (the date the Agreement is entered into) at the time the Agreement is fully executed.
Your previously submitted estimate will be included as an attachment to the Agreement. One
fully executed copy will be sent back for your files. (If you wish to have an executed original for
your files, please send two signed originals to the District office).
If you have any questions, please contact me at (310) 407-1924.
Sincerely,
Melinda Sperry
Engineer.
Enclosure
Information to be entered when assigning new
agreement# to system.
CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE
AGREEMENTS OR
REDEVELOPMENT AGENCY
# 1. Approval date: ~ l ~ q # 1 a. Agreement # ~~3
#2. Title of Agreement: -
#3. Effective Date: (if different from approval date) °t ~ t ~ '1
#4. Expiration Date: (if applicable) d~ ~ ~ a ~ ~
QR_
#5. Expiration Date: NONE
:AgrmntData