Resolution No. 77881
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RESOLUTION NO. 7788
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 PABCO PAPER COMPANY, WHICH GRANTS THE
CITY OF VERNON A LICENSE TO EXTRACT 800 ACRE-FEET
OF THE ALLOWED PUMPING ALLOCATION OF PABCO PAPER
COMPANY FOR THE PERIOD JULY 1, 2001 THROUGH JUNE
30, 2002
WHEREAS, the City of Vernon and PABCO Paper Company ("PABCO")
wish to enter into an agreement providing for the City to lease 800
acre-feet of the allowed pumping allocation of PABCO; and
WHEREAS, the Director of Community Services & Water and PABCO
have negotiated a Water Right License for the period of July 1, 2001
through June 30, 2002, with an agreed price of Two Hundred Two Thousand
Four Hundred Dollars and No Cents ($202,400.00); and
WHEREAS, a "Statement" of account dated June 12, 2001,
providing that the sum of Two Hundred Two Thousand Four Hundred Dollars]
and No Cents ($202,400.00) will be paid to PABCO, for the period of
July 1, 2001 through June 30, 2002, has been submitted to the City and
approved by the Director of Community Services & Water; and
WHEREAS, Mr. David J. Lucchetti, CEO for PABCO, signed said
Statement on June 7, 2001, 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
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Water Right License and the "Statement," (which is
1 attached to the License), a copy of which is attached hereto as
2 Exhibit "A" and made a part hereof.
3 SECTION 3: The City Council of the City of Vernon hereby
4 authorizes the Mayor and the City Clerk to execute said License for,
5 and on behalf of, the City of Vernon.
6 SECTION 4: The City Council of the City of Vernon hereby
7 directs the City Clerk, or his designee, to send a fully executed Water
8 Right License and a check for Two Hundred Two Thousand Four Hundred
9 Dollars and No Cents ($202,400.00) to:
10 PABCO Paper Company
Attn. Mr. David J. Lucchetti, CEO
11 4460 Pacific Boulevard
12 Vernon, CA 90058
13 SECTION 5: The City Council of the City of Vernon hereby
14 directs the City Clerk, or his designee, to send a copy of the Water
15 Right License (without the Statement) to:
16 Watermaster Service
State of California
17 Department of Water Resources
18 770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
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SECTION 6: The City Clerk of the City of Vernon shall
20 certify to the passage of this resolution, and thereupon and thereafterl'
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the same shall be in full force and effect.
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APPROVED AND ADOPTED this 20th day of June, 2001.
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25 LEONIS C. MAL RG, Mayor
26 er/--
ATTES
27 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7788, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 20,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
v
BRUCE V. MALKENHORST, City Clerk
(SEAL)
- 3 -
EXHIBIT
VIL
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this s1 day of 2001.
BY AND BETWEEN PABCO PAPER COMPANY
(hereinafter "Licensor")
4460 Pacific Boulevard
Vernon, CA 90058
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
800 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, 2001, and continuing to and including
June 30, 2002.
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.
(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 800 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
800 acre-feet during the period of July 1, 2001 through June 30,
2002.
f
PABCO PAPER COMPANY
Licensor
B y :
w ,rev-� Vai �t - i.3av c Lvket�f
Print Name
Title- Pl uvr\
By:
Print Name
Title:
CITY OF VERNON
Licensee
By:
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
Irz
f
STATEMENT
PABCO PAPER COMPANY grants to the City of Vernon a license to
extract 800 acre-feet of PABCO PAPER COMPANY allowed pumping
allocation for the 2001-2002 Fiscal Year @ $253.00 per acre-foot
for a total cost of $202,400.00.
PABCO PAPER COMPANY
Sig re Title IV uate,
CITY
Sicrhtetur
agrees to the above Statement.
Director of Community Services & Water LP 1Z Uf
Title Date
E
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
June 13, 2001
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
City Council
City of Vernon
Honorable Members:
Transmitting herewith is a one-year lease Water Right License and
Agreement with PABCO Paper Company for the rights to 800 acre-feet of
water. The cost of this water is $253.00 per acre-foot or $202,400.00
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 Administrator/City Clerk
BVM:ng
COMMUNITY SERVICES
& WATER DEPARTMENT
OFFICE MEMORANDUM
L-9
TO: Bruce V. Malkenhorst, City Administrator
010
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: June 11, 2001
SUBJECT: LEASING 800 ACRE-FEET OF WATER FROM PABCO PAPER
10111u i7�►1A
It is recommended that a one-year lease be executed with PABCO Paper Company for the
rights to 800 acre-feet of water. The cost of this water is $253.00 per acre-foot or $202,400.00
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.
SKW/ca
Enclosure
c: City Attorney
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
July 10, 2001
PABCO Paper Company
Attn: Mr. David J. Lucchetti, CEO
4460 Pacific Blvd.
Vernon, CA 90058
Re: Water Right License
Dear Mr. Lucchetti:
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Transmitted herewith is a fully executed original Water Right License
granting the City of Vernon to extract 800 Acre -Feet of the allowed
pumping allocation of PABCO Paper Company for the period July 1, 2001
through June 30, 2001, approved at the Vernon City Council meeting held
June 20, 2001 and a check for Two Hundred Two Thousand Four Hundred
Dollars and No Cents ($202,400.00).
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
Iti r a JO c
Chief Deputy City Clerk
GJO:ng
cc: Kevin Wilson
Resolution No. 7788
CHECK
CITY OF VERNONFOLIO NUMBER WELLS FARGO NUMBER 84474
4305 SANTA FE AVENUE 084474
VERNON, CALIFORNIA 90058-0805 rCHECK DATE
s�-eta
(323) 583-8811 922-(1) - �06
TheSum Of 2 0 2,4 0 0 dol's 0 0 cts
THE SUM OF DOLLARS AND CENTS $202 , 400.00
VOID AWER,00 DAYS
PAY TO Pabco Paper Company
THE. 4460:Paclific, Blvd.
ORDER OF Vernon,; ;CA 90058 AUTHORIZE IG ATu
TREASURER
II'08Lo4?Loll' 1: L 2 2 10 L L9 II:Lo L59 283738i1'
i+.ry nr v�nK.nkl •nne G+AKMA cc AVC . WCOKInKI nm icnanue onnrA_nAnr,
VENDOR NO.
VENDOR NAME
DATE CHECK ISSUED
CHECK NO.
010244
Pabco
Paper Company
06/28/01
84474
CITY ACCOUNT NUMBER
YOUR INVOICE NO.
YOUR INVOICE DATE
PAYMENT DESCRIPTION
DISCOUNT TAKEN
NET AMOUNT PAID
020-501-1084-5110
Water Right License Agreement
$202,400.00
07/01/01 - 06/30/02
07/18/01 - km
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
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
July 10, 2001
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
Re: Water Right License
To Whom It May Concern:
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Transmitted herewith is copy of a fully executed original Water Right
License granting the City of Vernon to extract 800 Acre -Feet of the
allowed pumping allocation of PABCO paper Company for the period July
1, 2001 through June 30, 2001, approved at the Vernon City Council
meeting held June 20, 2001.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at 323/583-8811 ext. 245.
Very truly yours,
%-B
Gloria J. O osco
Chief Deputy City Clerk
GJO:ng
cc: Kevin Wilson
Resolution No. 7788