Resolution No. 78580
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RESOLUTION NO. 7858
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 PACIFIC COAST BUILDING PRODUCTS, INC.
FOR THE PERIOD JULY 1, 2001 THROUGH JUNE 30, 2002
AND RESCINDING RESOLUTION NO. 7788
WHEREAS, on June 20, 2001, the City Council of the City of
Vernon adopted Resolution No. 7788 which approved a Water Right License
with PABCO Paper Company (the "PABCO License") for the lease of 800
acre-feet of water; and
WHEREAS, following the City Council's approval of the PABCO
License and payment of the license fee, PABCO Paper Company advised the
City that the owner of the water rights was actually its parent
company, Pacific Coast Building Products, Inc. ("Pacific Coast"); and
WHEREAS, the City Council desires to enter into a new Water
Right License to lease 800 acre-feet of water from Pacific Coast, to
rescind Resolution No. 7788, and to terminate the PABCO License; and
WHEREAS, the Director of Community Services & Water and
Pacific Coast have negotiated a new Water Right License with an agreed
price of Two Hundred Two Thousand Four Hundred Dollars and No Cents
($202,400.00) for the period of July 1, 2001 through June 30, 2002; and
WHEREAS, a Statement of account dated October 25, 2001 (the
"Statement"), providing that the sum of Two Hundred Two Thousand Four
Hundred Dollars and No Cents ($202,400.00) will be paid to Pacific
Coast, 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, President of Pacific Coast,
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signed the Statement on September 12, 2001, agreeing thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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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
rescinds Resolution No. 7788 and specifically rescinds the PABCO
License, it being the intent of the City Council that the Water Right
License and the Statement for the lease of the 800-acre feet of water
with Pacific Coast supersede the PABCO License.
SECTION 3: The City Council of the City of Vernon hereby
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 4: 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 5: 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:
Pacific Coast Building Products, Inc.
Attn. Mr. David J. Lucchetti, President
4460 Pacific Boulevard
Vernon, CA 90058
SECTION 6: 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:
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Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
SECTION 7: 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 7th day of November, 2001.
ATTES
v
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAL URG, M yor
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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.
7858, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, November 7,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE"V. MALKENHORST, City Clerk
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EXHIBIT
Ain
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this day of 2001.
BY AND BETWEEN PACIFIC COAST BUILDING
PRODUCTS, INC.
(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.
ATTEST:
By:
PACIFIC COAST BUILDING PRODUCTS, INC.
Licens
By:
David Lucchetti
Print Name
Title: President
V" B Y : ' r i1,�Ix U
f�
W 1 I N zt+ \ 1` r-Ri zw
Print Name
Title:/�iancM r �.� N►r.�krei
CITY OF VERNON
Licensee
BRUCE V. MALKENHORST, City Clerk
(SEAL)
LEONIS C. MALBURG, Mayor
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
C:\My Documents\WaterRight\Pacific License 01-02.doc
DOM
STATEMENT
PACIFIC COAST BUILDING PRODUCTS, INC. grants to the City of
Vernon a license to extract 800 acre-feet of PACIFIC COAST BUILDING
PRODUCTS, INC. allowed pumping allocation for the 2001-2002 Fiscal
Year @ $253.00 per acre-foot for a total cost of $202,400.00.
PACI
, INC.
resident
Signature Title Date
CITY O VERNON agrees to the above Statement.
f Director of Community Services & Water 10/25/O1
t re Title Date
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
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 Pacific Coast Building Products, Inc., 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 OF VERNON
orco
Chief De ty City Clerk
GJO:ng
CC: Kevin Wilson
Resolution 7858
Agreement File No. 01-081
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
Pacific Coast Building Products, Inc.
Attn: Mr. David J. Lucchetti, President
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) 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 duplicate original copy of a Water Right
License 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 OF VERNON
Alr a J. Orosco
Chief De uty City Clerk
GJO:ng
CC: Kevin Wilson
Resolution No. 7858
Agreement License No. 01-081