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Resolution No. 78561 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. 7856 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 COAST PACKING COMPANY WHICH GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 390 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION OF COAST PACKING COMPANY FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002 WHEREAS, the City of Vernon and Coast Packing Company ("Coast Packing") wish to enter into an agreement providing for the City to lease 390 acre-feet'of the allowed pumping allocation of Coast Packing; and WHEREAS, the Director of Community Services & Water and Coast Packing have negotiated a Water Right License for the period of July 1, 2001 through June 30, 2002 with an agreed price of Ninety-Three.Thousand Six Hundred Dollars and No Cents ($93,600.00); and WHEREAS, a Statement of account dated October 25, 2001 (the "Statement"), providing that the sum of Ninety -Three Thousand Six Hundred Dollars and No Cents ($93,600.00) (for the 2001-2002 fiscal year) will be paid to Coast Packing has been submitted to the City and approved by the Director of Community Services & Water; and WHEREAS, Mr. Ronald R. Gustafson, the President of Coast Packing, signed the Statement on September 5, 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 7 101 11 12 13 14 15 16! 17 18 19 20 21 22 23 24 25 26 27 28 approves the Water Right License and the Statement (which is attached to the 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 the 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 and a check for Ninety -Three Thousand Six Hundred Dollars and No Cents ($93,600.00), to Coast Packing Company Attn. Ronald R. Gustafson, President 3275 E. Vernon Avenue P. 0. Box 58918 Vernon, CA 90058-0918 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 7tn day of November, 2001. ATTEST: y BRUCE V. MALKENHORST, City Clerk G EONIS C. MALBU G, MayoVr - 2 - I STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 5 do hereby certify that the foregoing Resolution, being Resolution No. 6 7856, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Wednesday, 8 November 7, 2001, and thereafter was duly signed by the Mayor of the 9 City of Vernon. 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - EXHIBIT n,i PATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2001. BY AND BETWEEN COAST PACKING COMPANY (hereinafter "Licensor") 3275 East Vernon Avenue P.O. Box 58918 Vernon, CA 90058-0918 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 390 acre-feet of Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to the Judgment dated October ll,. 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. STATEMENT COAST PACKING COMPANY grants to the City of Vernon a license to extract 390 acre-feet of COAST PACKING COMPANY allowed pumping allocation for the 2001-2002 Fiscal Year @ $240.00 per acre-foot for a total cost of $93,600.00. COAST PAC I G CRMIANY President 9/5/2001 S gnate Title Date u CITY OZ.YERNON agrees to the above Statement. atur Director of Community Services & Water 10/2' Title Date 1 Licensor warrants that it has 390 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 390 acre-feet during the period of July 1, 2001 through June 30, 2002. COAST PACKING COMPANY Licensor By: Ronald Gustafson Print Name Title: President B y : Dieter Rehnberg Print Name Title: ATTEST: Vice -President CITY OF VERNON Licensee By: LEONIS C. MALBURG, Mayor By: BRUCE V. MALKENHORST, City Clerk (SEAL) APPROVED AS TO FORM: By: EDUARDO OLIVO, City Attorney C:\My Documents\WaterRight\Coast License.01-02.doc -2- 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 BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 27, 2001 Coast Packing Company Attn: Ronald R. Gustafson, President 3275 E. Vernon Avenue P.O. Box 58918 Vernon, CA 90`058-0918 Re: Water Right License Dear Mr. Gustafson: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 8264425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX:(323)826-1481 Transmitted herewith is a duplicate original copy of a Water Right License approved by the Vernon City Council on November 7, 2001, and a check in the amount of $93,600.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. Very truly yours, CITY OF VERNON 41yv f V on Chief De ty City Clerk GJO:ng CC: Kevin Wilson Resolution No. 7856 Agreement File No. 01-079 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 27, 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) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323)826-1481 Transmitted herewith is a copy of a Water Right License by and between the City of Vernon and Coast Packing Company approved by the Vernon City Council on November 7, 2001. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. Very truly yours, CITY F VERNON AJ. osco Chief Deputy City Clerk GJO:ng CC: Kevin Wilson Resolution No. 7856 Agreement File No. 01-079