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Resolution No. 82751 RESOLUT'ION NO. 8275 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF. 4 A WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF VERNON AND COAST PACKING COMPANY WHICH GRANTS THE- 5 CITY OF VERNON A LICENSE TO EXTRACT 390 ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION FOR THE PERIOD 6 JULY 1, 2003 THROUGH JUNE 30, 2004 7 8 WHEREAS, the City of Vernon and Coast Packing Company ("Coast 9 Packing") wish to enter into an agreement permitting the City to lease 10 390 acre-feet of Coast Packing's allowed pumping allocation; and 11 WHEREAS, the Director of Community Services &Water and Coast 12 Packing have negotiated a Water Right License for the period of July 1, 13 2003 through June 30, 2004 with an agreed price of Eighty -Seven Thousand 14 Seven Hundred Fifty Dollars and No Cents ($87,750.00); and 15 WHEREAS, a Statement of account dated August 27, 2003 (the 16 "Statement"), providing that the sum of Eighty -Seven Thousand Seven 17 Hundred Fifty Dollars and No Cents ($87,750.00) (for the 2003-2004 18 fiscal year) will be paid to Coast Packing has been submitted to the 19 City and approved by the Director of Community Services & Water; and 20 WHEREAS, Mr. Ronald R. Gustafson, the President of Coast 21 Packing, signed the Statement on August 18, 2003, agreeing thereto. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 23 CITY OF VERNON AS FOLLOWS: 24 SECTION 1: The City Council of the City of Vernon hereby 25 finds and determines that the recitals contained hereinabove are true 26 land correct. 27 SECTION 2: The City Council of the City of Vernon hereby 28 approves the Water Right License and the Statement (which is attached 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 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 Eighty -Seven Thousand Seven Hundred Fifty Dollars and No Cents ($87,750.00), 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 3rd day of September, 2003. t LEONIS C. URG, VMayor ATTEST: BRUCE V. MALKENHORST, City Clerk - 2 - I 1 2 3 4'' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25' 26 27 28 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. 8275, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, September 3, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) - 3 EXHIBIT VA, WATER RIGHT LICENSE THIS LICENSE is made, entered into and executed as of this day of 2003. 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 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, 2003, and continuing to and including June 30, 2004. 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 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, 2003 through June 30, 2004. COAST PACKING COMPANY Licensor 17) By: Ronald Gustafson Print Name Title: President/CORPORATE SECRETARY By e l� K. Dieter Rehnberg Print Name Title: Vice -President ATTEST: By: a==, BRUCE V. MALKENHORST, City Clerk (SEAL) -2- CITY OF VERNON Licensee B ONIS C. MALB G, Mayor APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney 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 2003-2004 Fiscal Year @ $225.00 per acre-foot for a total cost of $87,750.00. COAST PACKING COMP. Signature CITY OF President Title to the above Statement. Title 8/18/2003 Date ity Services & Water OPZ 7 � 3 Date '40 V: 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 Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 28, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of 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 one-year Water Right License and Agreement with Coast Packing Company for the rights to 390 acre-feet of water. The cost of this water is $225.00 per acre-foot or $87,750.00 total. This has been reviewed by the Director of Community Services and Water 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/gm OF `'ER'�' II''L 6 y 10.Y J V1' OY » s O''ELY 11i9J COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, of Community Services & Water DATE: August 27, 2003 SUBJECT: LEASING 390 ACRE-FEET OF WATER FROM COAST PACKING COMPANY It is recommended that a one-year lease be executed with Coast Packing Company for the rights to 390 acre-feet of water. The cost of this water is $225.00 per acre-foot or $87,750.00 total. Attached is the Water Right License and Statement. It is recommended that the License be approved and the Mayor and City Clerk be authorized to sign the License. SKW/ca Enclosures a 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) 826-1438 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) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 September 17, 2003 Re: Water Right License- Coast Packing Company July 1, 2003 through June 30, 2004. To Whom It May Concern: Transmitted herewith is a copy of the above referenced Water Right License approved by the Vernon City Council on September 3, 2003. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, AJ.)co Chief Deputy City Clerk GJO/gm CC: Kevin Wilson Resolution No 8275 Agreement No. 03-076 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 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 September 17, 2003 Coast Packing Company 3275 E. Vernon Avenue P.O. Box 58918 Vernon, CA 90058-0918 Attn: Ronald R. Gustafson, President Re: Water Right License Dear Mr. Gustafson: KENNETH J. DeDARIO Director of 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 of the above referenced matter approved by the Vernon City Council on September 3, 2003, and Check No. 00212417 in the amount of $87,750.00. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, zale_" 45,ia J.Or o Chief Deputy ity Clerk GJO/gm cc: Kevin Wilson Resolution No. 8275 Agreement No. 03-076 CITY OF VERNON WE` 16-2412220ANK CHECK 00212417 4305 SANTA FE AVENUE NUMBER VERNON, CALIFORNIA 90058-0805 (323) 583-8811 i' F ` '`gig , CHECK DATE CHECK AMOUNT a 09/16/03 $87,750.00 VOID AFTER 90 DAYS PAY EIGHTY SEVEN THOUSAND SE*FST DOLLARS & 00 CENTS TO THE COAST PACKING COMPAJ�`��"'l ORDER OF 3275 E. VERNON AVE. `g P.O. BOX 58918 VERNON, CA 90058-0918 / 118002L2tiL7114 i:L2L000248>I:L L59283738111 9-1 i r Ur V L' "UN — 4JU5 SANTA FE — VERNON CALIF. — AUG272003 1 08/27/03 LEASE/390 ACRE FT/WTR FY'03-04 REMITTANCE ADVICE $87,750.00 1