Resolution No. 5383
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RBSOLlft"IOR RO. 5383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A COLLECTION AGREEMENT BY AND
BETWEEN THE FOREST SERVICE, UNITED STATES
DEPARTMENT OF AGRICULTURE, FOR RECREATION
PLANNING PURPOSES FOR THE BEAR BUTTE
HYDROELECTRIC PROJECT
WHEREAS, the City Council of the City of Vernon approved
Resolution No. 5329 on September 16, 1986, which approved and
authorized the execution of a Memorandum of Agreement by and be-
tween the United States Forest Service, United States Department
of Agriculture, ("USFS") and the City of Vernon, for performing
various studies on USFS property for the Bear Butte Hydroelectric
Project, FERC Docket No. 8444 (the "project"), and
WHEREAS, the City Council of the City of Vernon approved
Resolution No. 5339 on October 28, 1986, which approved and
authorized the execution of a Collection Agreement, Authorization
Letter and Special Use Permit between the City of Vernon and the
USFS respecting the Project, and
WHEREAS, the USFS and the Federal Energy Regulatory Com-
mission requires the City of Vernon to plan for recreation re-
lated to the project improvements, opportunities for recreation,
and recreation patterns disrupted by the Project,
WHEREAS, the City Council of the City of Vernon wishes
to enter into a Collection Agreement with the USFS for the pur-
pose recreation planning for the project pursuant to Vernon IS
feasibility study for the Project, and
WHEREAS, the USFS requires the deposit of fees in ad-
vance in relation to recreation planning for the Project.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that the
recitals
contained
hereinabove are true and correct.
SECTION 2: That the City Council of the City of Vernon
hereby approves the Collection Agreement, a copy of which has
been presented to the City Council concurrently with this resolu-
tion, and the City Council hereby orders said Agreement to be
received and filed by the City Clerk.
SECTION 3: That the City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
SECTION 4: That the City Council of the City of Vernon
hereby approves the advance paYment of $10,000 to the USFS to
cover the total cost, including administrative costs, of provid-
ing the requested information and services.
SECTIO~ 5: 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 April, 1987.
/--/ ~
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--/LEONIS C. MAL~May r
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AT,TEST: , t/," /' ~ // / . /'
/f-~ r;4~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 5383 ,was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayor of said City
8 at a regular meeting of the City Council held on Tuesday,
~../.t/~
BRUCE v: MALKENHORST, City
Clerk
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COLLECTION AGREEMENT
BETWEEN
CITY OF VERNON, CALIFORNIA
AND
SIERRA NATIONAL FOREST, USDA FOREST SERVICE
THIS AGREEMENT, in accordance with the provisions of the Act of April
24, 1950, (16 USC 572), is made and entered into this 7rh day of
April , 1987, by and between CITY OF VERNON, CALIFORNIA, a
municipal corporation, hereinafter referred to as CITY and the FOREST
SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, hereinafter
referred to as the "Forest Service.".
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RECITALS:
1.
CITY proposes to complete the planning, feasibility study,
design, environmental impact investigations, and biological
studies necessary to complete the Application for the Bear
Butte Hydroelectric Project, FERC No. 8444.
CITY feasibility studies on National Forest Land are
authorized by Forest Service Special Use Permit designated:
Interim Feasibility Study Special Use Permit - dated
September 30, 1986.
The proposed project known as the Bear Butte Hydroelectric
Project will be located on National Forest Lands within
Sections of 13, 23, 24, 26 of T.8S., R.25E.; and Sections of
7 ,8, 9, 10, 11 , 14, 15 , 16 , 17 , 18, 19 , 22 , 23 , T. as. ,
R.26E., Mt. Diablo Base and Meridian.
2.
3.
4.
Direction from the Forest Service and the Federal Energy
Regulatory CODlDission requires the CITY to plan for
recreation related to the project improvements,
opportunities for recreation, and recreation patterns dis-
rupted by the project. The recreation analysis,
coordination wi th all other aspects of concern and
examination of alternatives are required by 36 CFR
251.54(a).
5.
The CITY has invited the Forest Service to participate in or
perform the recreation planning for the Project. The Forest
Service has repl~ed in a letter of February 11, 1987,
detailing their level of involvement and intention for the
recreation planning. The Letter of February 11, 1987, is
attached and heretofore made part of this Collection
Agreement as clarification of intent and defining scope of
work to be performed under this agreement. Signing of this
Collection Agreement by the CITY denotes their approval of
the Forest Service proposal in the February 11 letter.
Fs.e200.28(7~e2)
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NOW THEREFOR~, the parties hereto agree as follows:
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1.
Forest Service will complete the work to be consistent with
the CITY Application schedule providing necessary studies
are given to the Forest Service in a timely manner. The
Forest Service will attempt to complete the recreation study
by approximately June 1 or within 2 roonths after receiving
all necessary information. The product will be a rough
draft recreation plan containing necessary items which are
consistant with 18CFR(f)(7) for CITY's draft FERC
application.
2.
All work performed by the Forest Service and paid for by the
CITY will be public information accessible to the general
public.
CITY shall make an advance payment of $10,000 to cover the
total cost, including administrative costs, of providing the
requested information, and services which total is not to
exceed $10,000.
3.
4.
Forest Service shall deposit payments received from CITY
into the Forest Service cooperative work fund.
This agreement will have no effect on the provisions and
clauses of CITY's Special Use Permits or easement;
specifically, this agreement shall in no way be deemed an
admission or agreement on the part of CITY that it is
required to reimburse the Forest Service for any costs
incurred by it in processing The CITY's permit application.
This Agreement will in no way be considered by the Forest
Service as an obligation or construe any prejudgement on the
merits of the CITY proposal for the Project. The Forest
Service will remain impartial to the merits of the CITY
license application and make judgements only according to
policy and regulation guidelines.
Forest Service shall provide to CITY an itemized summary of
actual expenditures after the plan is complete and return
any funds not expended or previously committed.
Forest Service will provide the work and information, to the
best of its ability, as described herein, as soon as
possible following receipt of deposit.
The Uni ted States of America shall not be liable for. any
damage incident to the performance of work under this
agreement to CITY and CITY hereby expressly waives any and
all claims against the United States of America for
compensation for any loss, damage, personal injury or death
occurring in consequence of the performance of this
agreement.
5.
6.
7.
8.
FS.8200.28(7~82)
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9. This agreement shall become effective when accepted by the
parties hereto and will continue for two (2) years from the
date of execution of this agreement unless terminated
earlier by thirty (30) calendar days' written notice by
ei ther party to the other: Provided that any funds on
deposit will be available for expenses incident to closing
out the work beyond the written notice.
10. No member of, or delegate to, Congress or Resident Commissioner
shall be admitted to any share or part of this agreement or to
any benefit that may arise therefrom; but this provision shall
not be construed to extend to this agreement if made with a
corporation for its general benefit.
11. Nothing herein shall be construed as obligating the Forest
Service to expend or invoking the United States in any contract
or other obligation for the future payment of money in excess of
appropriations authorized by law and administratively allocated
for this work.
IN WITNESS WHEREOF, the parties hereto, by their respective duly
authorized officials, have executed this agreement the day and year
first written above.
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SIERRA NATIONAL FOREST
crIT OF VERNON
JAMES L. BOYNTON
Forest Supervisor
By~~-t'd-
- L~onis C. Ma1b
'--
By
A:f::' . /~
BrUC~lkenhorst, City
Clerk
BY
DAVID B. BREARLEY
CITY ATTORNEY ~
4/' /1'7
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':8-8200.28(7.82)
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UNITED STATES
DEP ARlliEfIT OF
AGRICULTURE
SIERRA
, NATIONAL
FOREST
FEDERAL BLDG., RM 3017
1130 ~O" STREET
FRESllO, CA 93721
FOREST
SERVICE
REPLY TO: mo
DATE: FES 11 ,ga7
Mr. Robert F. Young, P.E.
Resource Management International, Inc.
1010 Hurley Way - Suite 500
Sacr&~nto, Californio 95325
Dear Mr. Young:
In reference to our meeting of December 9, 1986, following 1s our direction
for the Bear Butte Hydroelectric Project.
The Forest Service will develop a Recreation Area Concept Plan for the Bear
Butte Project. This Concept Plan, or Plans, will propose types of recreation
facilities and Recreation Opportunity Spectrum (ROS) level. It will be deve-
loped by the Forest Service according to direction from the Sierra National
Forest Land Management Plan (~~) and with the environmental information con-
tained in the U.~. This will be done without char~e to you.
Rrnl rr 'a.,':if'M
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SIEIJl;.".nor.. The development of the Concept Plan is the first step in the NEPA process.
~l The next step will be Public Seoping. The Recreation Area Concept Plan will
fEB 12 198?e completed for your scoping meeting in late March. You will need to include
. the Concept Plan in your scoping session and public involvement process. We
~I ,'wOl 'may wish to participate in the presentation of the Plan; this can be discussed
r~ at a later date.
D.r~
A.O
After the scoping sessions and your resource studies are complete, the Forest
Service asrees to c~,~lete a Canposite Plan (funds to be provided by the City
of Vernon). The final COClposite Plan will use information gained from the
;:copina and agency consultotion, field studies indicating limiting factors,
~nd a refined Concept Plan.
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~or the C~;~oslte Plan to be workable, realistic, and supported by the For~st
Service, the Project :JUst be able to be irr.plernented as proposed. 1"n1s means
information such as cultural resource sites, migration routes, animal use
--~reas, sensitive plant locations, etc., which would prevent developing faci-
lities in certain location.s, Iillst be known before the start of the Composite
Plan.
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UP
.!~.ot,O'C!S
en:;, The Composite Plan will locate and define facility types, level of develop-
ll' ,':Z __ment, size of facilities in People At One Time (PAOT's), and appropriate ROS
_____level. Tne Forest Service will provide th~ Plan in the for@ of an rou6h over-
lay on blueprint topoaraphical maps. Any overlays used in planning will also
be provided in an unfinished format at the plan scale. A draft narrative will
also be provided which will give the following:
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Hr. Robert Young, P.E.
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1. Assumptions and source of information used for plan development.
2. Description of existing and proposed facilities.
3. Estimate of proposed day and overnight use.
4. Cost estimate of facilities.
5. Description of existing visual character.
6. Motif and area management guid~lines.
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7. Sequential plan of development.
The above plan wllr::'be in a draft form. Your staff will be responsible for
fonmatti~ graphics, narrative, and final editin~ to fit the ~~hioit E.
To complete the ~FcPA process for the Recreation Plan, the Composite Plan 1s to
be included in the draft Application for review and cooments by other agen-
cies. Some changes may be necessary after the draft review. Toe Forest
Service will refine as necessary under the same agreement as the original
Composite Plan.
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Tl1e Forest Service will develop the Composite Plan under a new collection
agreement to pay cost-to-Government \'1ages of er.JPloyeas perforr.lin:; the ser-
vices. After rough field data from your environmental studies has been
received, we will start wo:- e Compooite Plan. He anticipate total
char~es to be ap ely $10,000. changes are necessary after
public revlal, th will be charged to the sau account.
Upon receivino a letter from you confirming this proposal, we will send you a
Collection Agree~nt for signature.
If you have any questions, please contact Kerlnit Johansson at (209) 487-5541,
or Chris Nota at the Pinerid~e District Office at (209) 841-3311.
Sincerely,
.j ,-~ ,..,..' .~~' ,lZ~
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..' J~1ES L. BOY:rrou
Forest Supervisor
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