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Resolution No. 7611t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF VERNON AND CALIFORNIA WATER SERVICE COMPANY, WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 2,300 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION OF CALIFORNIA WATER SERVICE COMPANY FOR THE PERIOD JULY 1, 2000 THROUGH JUNE 30, 2001 WHEREAS, the City of Vernon and California Water Service Company ("California") wish to enter into an agreement providing for the City to lease 2,300 acre-feet of the allowed pumping allocation of California; and WHEREAS, the Director of Community Services & Water and California have negotiated a Water Right License for the period of July 1, 2000 through June 30, 2001, with an agreed price of Five Hundred Forty Thousand Five Hundred Dollars and No Cents ($540,500.00); and WHEREAS, a "Statement" of account dated.August 18, 2000, providing that the sum of Five Hundred Forty Thousand Five Hundred Dollars and No Cents ($540,500.00) will be paid to California,,for the period of July 1, 2000 through June 30, 2001, has been submitted to the City and approved by the Director of Community Services & Water; and WHEREAS, Mr. Robert R. Guzzetta, Vice President Engineerinq and Water Quality for California, signed said Statement on August 18, 2000, agreeing thereto. 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 r 1 and correct. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council of the City of Vernon hereby approves the Water Right License and the "Statement," (which is attached to said License), a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said License for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send a fully executed Water Right License to: California Water Service Company Attn. Robert R. Guzzetta, Vice President 3316 W. Beverly Blvd. Montebello, CA 90640-1537 SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send a copy of the Water Right License (without the Statement) to: Watermaster Service State of California Department of Water Resources 770 Fairmont Avenue, Suite 102 Glendale, CA 91203-1035 SECTION 6: 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 5th day of September, 2000. LEONIS C. �LBURG, Mayor ATTEST: v r BRUCE V. MALKENHORST, City Clerk - 2 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V.'MALKENHORST, City Clerk.of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5 6 7611, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Tuesday, September 5, 8 2000, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 v 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2000. BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY (hereinafter "Licensor") 3316 West Beverly Boulevard Montebello, CA 90640-1537 AND CITY OF VERNON, a municipal corporation (hereinafter "Licensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS• Licensor hereby grants to Licensee a License to extract 2,300 acre-feet of Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to the Judgment dated October 11', 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled "Central and West Basin Water Replenishment District vs. Charles E. Adams, et al." during the period commencing July 1, 2000, and continuing to and including June 30, 2001. This License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use, .and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of'the rights of Licensor. (2) Licensee shall pay assessments levied on the pumping of said ground waterA by the Water Replenishment District. (3) Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this License and provide the Watermaster with a copy of this license. -1- (4) Licensee shall note, in any recording of water production for the period of this License, that said pumping was done pursuant to this License. (5) Licensee's Allowed Pumping Allocation shall be increased by the amount hereby leased when computing carry-over of allowable over -extraction as provided by Part III, Subpart A and B in said Judgment. Licensor warrants that it has 2,300 acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said 2,300 acre-feet during the period of July 1, 2000 through June 30, 2001. -S� California Water Service Company ATTEST: By: Licensor BY Title • �«- /�irsr��-d By:�C_--- T i t l e BRUCE V. MALKENHORST, City Clerk (SEAL) C:\My Documents\LEASEAGREEMENTS\CAWATERSERVICE.doc CITY OF VERNON Licensee By: LEONIS C. MALBURG, Mayor APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney —2— STATEMENT CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 2,300 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2000_ 2001 Fisca l Year Q $235.00 per acre-foot for a total cost of $540,500.00. CALIFORNIA WATER SERVICE COMPANY Signature Title Z Date •CITY OF VERNON agrees to the above Statement. Title Date I SUPPORTING DOCUMENTS F WATER RIGHT LICENSE THIS LICENSE made, entered into and executed as of this day of 2000. BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY (hereinafter "Licensor") 3316 West Beverly Boulevard Montebello, CA 90640-1537 AND CITY OF VERNON, a municipal corporation (hereinafter "Licensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS: Licensor hereby grants to Licensee a License to extract 2,300 acre-feet of Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to the Judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled "Central and West Basin Water Replenishment District vs. Charles E. Adams, et al." during the period commencing July 1, 2000, and continuing to and including June 30, 2001. This License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use, and Licensee.shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor. (2) Licensee shall pay assessments levied on the pumping of said ground waters by the Water Replenishment District. (3) Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this License and provide the Watermaster with a copy of this license. -1- (4) Licensee shall note, in any recording of water production for the period of this License, that said pumping was done pursuant to this License. (5) Licensee's Allowed Pumping Allocation shall be increased by the amount hereby leased when computing carry-over of allowable over -extraction as provided by Part III, Subpart A and B in said Judgment. Licensor warrants that it has 2,300 acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said 2,300 acre-feet during the period of July 1, 2000 through June 30, 2001. ern California Water Service Company Licensor By: �4 T it l e: I/�ti,, �J .c .fi.c•z7e, By:_ Title: CITY OF VERNON Licensee By: L ONIS C. MA�LBU�GMa�yr ATTEST: / v By: BRUCE V. MALKENHORST, City Clerk (SEAL) APPROVED AS TO FORM: By: c� EDUARDO OLIVO, City Attorney C:\My Documents\LEASEAGREEMENTS\CAWATERSERVICE.doc 2 — STATEMENT CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 2,300 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2000-2001 Fiscal Year Q $235.00 per acre-foot for a total cost of $540,500.00. CALIFORNIA Signature CITY OF VERNON agrees to the above Statement. S° a Ire Title Date CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Watermaster Service State of California Department of Water Resources 770 Fairmont Avenue Suite 102 Glendale, CA 91203-1035 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 September 20, 2000 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 RE: Water Right License by and between the City of Vernon and California Water Service Company Gentlemen: The City of Vernon approved a Water Right License by and between the City of Vernon and California Water Service Company on September 5, 2000. Enclosed herewith for your records is a copy of said agreement. if you have any questions please feel free to contact Mr. S. Kevin Wilson, Director of Community Services & Water. Very truly yours, CITY OF VERNON is J. r s Chief De y City Clerk BVM/gjo cc: Agreement File Water Dept. Resolution 7611 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 California'Water Service Company 3316 W. Beverly Blvd. Montebello, CA 90640-1537 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 September 20, 2000 ATTN: Robert R. Guzzetta,, Vice President RE: Water Right License Dear Mr. Guzzetta: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 .BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The City of'Vernon City Council approved the Water Right License by and between California Water Service Company and the City of Vernon on September 5, 2000. This license is for the period July 1, 2000 thru June 30, 2001. For your records enclosed you will find a fully exe- cuted duplicate original of said Agreement and Statement. Pursuant to the "Statement" enclosed herewith is a check ilftyouahavet of $540,500 payable to California Water Service Company. any questions on this matter.please feel free to contact Mr. S. Kevin Wilson, Director of Community Services & Water. Very truly yours, CITY OF VERNON AaOro puty ity Clerk /gjo cc: Agreement File Water. Dept. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 28, 2000 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON . Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Transmitted herewith is a one-year lease Water Right License and Agreement with California Water Service Company for the rights to 2,300 acre-feet of water. The cost of this water is $235.00 per acre- foot or $540,500.00 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. Very truly yours, Bruce V. Malkenhorst City Clerk BVM/ng RM August 24, 2000 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson, Director of Community Services & Water SUBJECT: LEASING 2,300 ACRE-FEET OF WATER FROM CALIFORNIA WATER SERVICE COMPANY .It is recommended that a one-year lease be executed with California Water Service Company for the rights to 2,300 acre- feet of water. The cost of this water is $235.00 per acre-foot or $540,500.00 total. Attached is the Water Right License and Agreement. It is recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. /ps Attachments CC: City Attorney \\Patty\c\My Documents\LRASEWRRBMSMTS\U*M.19.doc MEMORANDUM 7� y CALIFORNIA WATER SERVICE COMPANY EAST LOS ANGELES TO: Samuel Wilson FROM: David Diamond DATE: August 22, 2000 SUBJECT: Vernon Lease Please sign the copy of the lease and after they are executed please call my Administrative Assistant, Olga at (323) 722-8601 to arrange for pickup. Thank you for your prompt attention to this matter. "n �z O n m`Z.� m .O D o 0 2 0 C N O O 0 X z mm Z� Q m 0, D r m ca rt © o o, rt -rt Oi M O z cn r -1 0 r 7h o O -� RID oN w m W` r 00 z r O z o C ty -n m Z� m ' ' m y ,� o coa M pu r. 0 M:J ' -1 z m r O 'b O 70 A o (A cc l m F-' t0� m m rn m m o o Q N b .* N w o z c n0 2� � � o o m ;K 61 r i m D �m m z m 1Fs-- C, N m ri F- W o`t w ;;m �<c o c C., H Ft. a v pi CL C] O wo 1,4 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 i CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 California Water Service Company 3316 W. Beverly Blvd. Montebello, CA 90640-1537 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 September 20, 2000 ATTN: Robert R. Guzzetta, Vice President RE: Water Right License Dear Mr. Guzzetta: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 .BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The City of'Vernon City Council approved the Water Right License by and between California Water Service Company and the City of Vernon on September 5, 2000. This license is for the period July 1, 2000 thru June 30, 2001. For your records enclosed you will find a fully exe- cuted duplicate original of said Agreement and Statement. Pursuant to the "Statement" enclosed herewith is a check in the amount of $540,500 payable to California Water Service Company. If you have any questions on this matter please feel free to contact Mr. S. Kevin Wilson, Director of Community Services & Water. Very truly yours, CITY OF VERNON G r a Oro Chief Deputy ity Clerk /gjo cc: Agreement File INV.:, CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 September 20, 2000 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Watermaster Service State of California Department of Water Resources 770 Fairmont Avenue Suite 102 Glendale, CA 91203-1035 RE: Water Right License by and between the City of Vernon and California Water Service Company Gentlemen: The City of Vernon approved a Water Right License by and between the City of Vernon and California Water Service Company on September 5, 2000. Enclosed herewith for your records is a copy of said agreement. If you have any questions please feel free to contact Mr. S. Kevin Wilson, Director of Community Services & Water. Very truly yours, CITY OF VERNON A r s y City Clerk BVM/gjo cc: Agreement File Water Dept. Resolution 7611 WATER RIGHT LICENSE THIS LICENSE 0 made, entered into and executed as of this Xp� day of�� 2000. BY AND BETWEEN CALIFORNIA WATER SERVICE COMPANY (hereinafter "Licensor") 3316 West Beverly Boulevard Montebello, CA 90640-1537 AND CITY OF VERNON, a municipal corporation (hereinafter "Licensee") 4305 Santa Fe Avenue Vernon, CA 90058-0805 RECITALS: Licensor hereby grants to Licensee a License to extract 2,300 acre-feet of Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to the Judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled "Central and West Basin Water Replenishment District vs. Charles E. Adams, et al." during the period commencing July 1, 2000, and continuing to and including June 30, 2001. This License is granted, subject to the following conditions: (1) Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use, and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor. (2) Licensee shall pay assessments levied on the pumping of said ground waters by the Water Replenishment District. (3) Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this License and provide the Watermaster with a copy of this license. -1- (4) Licensee shall note, in any recording of water production for the period of this License, that said pumping was done pursuant to this License. (5) Licensee's Allowed Pumping Allocation shall be increased by the amount hereby leased when computing carry-over of allowable over -extraction as provided by Part III, Subpart A and B in said Judgment. Licensor warrants that it has 2,300 acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said 2,300 acre-feet during the period of July 1, 2000 through June 30, 2001. _94MM*tSrn California Water Service Company Licensor By: / By: 2 Title: As�c,., ATTEST: By: BRUCE V. MALKENHORST,,City Clerk (SEAL) C:\My Documents\LEASEAGREEMENTS\CAWATERSERVZCE..doc CITY OF VERNON Licensee L ONIS C. MALBU �GMa�yr� APPROVED AS TO FORM: B y : EDUARDO OLIVO, City Attorney -2- i STATEMENT CALIFORNIA WATER SERVICE COMPANY grants to the City of Vernon a license to extract 2,300 acre-feet of CALIFORNIA WATER SERVICE COMPANY allowed pumping allocation for the 2000-2001 Fiscal Year Q $235.00 per acre-foot for a total cost of $540,500.00. CALIFORNIA W TER SERVICE COMPANY Signature Title CITY 07 VERNON frees to the above Statement. I Suture "' Title Date CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 28, 2000 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Transmitted herewith is a one-year lease Water Right License and Agreement with California Water Service Company for the rights to 2,300 acre-feet of water. The cost of this water is $235.0`0 per acre- foot or $540,500.00 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. Very truly yours, G Bruce V. Malkenhorst City Clerk BVM/ng �W August 24, 2000 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson, Director of Community Services & Water SUBJECT: LEASING 2,300 ACRE-FEET OF WATER FROM CALIFORNIA WATER SERVICE COMPANY It is recommended that a one-year lease be executed with California Water Service Company for the rights to 2,300 acre- feet of water. The cost of this water is $235.00 per acre-foot or $540,500.00 total. Attached is the Water Right License and Agreement. It is recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. /ps Attachments CC: City Attorney \\Patty\c\My Documents\LEASEAGREEMENTS\memo.19.doc MEMORANDUM f 7�Ff tElV���4 CALIFORNIA WATER SERVICE COMPANY EAST LOS ANGELES TO: Samuel Wilson FROM: David Diamond DATE: August 22, 2000 SUBJECT: Vernon Lease Please sign the copy of the lease and after they are executed please call my Administrative Assistant, Olga at (323) 722-8601 to arrange for pickup. Thank you for your prompt attention to this matter.