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Resolution No. 5873 . 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 RESOLUTION NO. 5873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE PROJECT PLANNING AGREEMENT RESPECTING THE MEADjMCCULLOUGH-VICTORVILLEjADELANTO TRANSMISSION PROJECT (DWP NO. 10180) WHEREAS, the City Council of the City of Vernon adopted Resolution No. 5154 on December 18, 1984, which approved the terms and conditions of the Project Planning Agreement between the Department of Water and Power of the City of Los Angeles, the cities of Anaheim, Azusa, Banning, Burbank, Colton, Glendale, Pasadena, Riverside, and Vernon, the M-S-R Public Power Agency, and the Western Area Power Administration (hereinafter "Parties"), to conduct feasibility studies and to provide for funding of Planning Work on a new 500 kV transmission line with appurtenant facilities between Southern Nevada and Southern California; and WHEREAs, the City Council of the City of Vernon adopted Resolution No. 5211 on September 3, 1985, to. increase the planning funds for said project from $3,500,000 to $9,500,000; and WHEREAS, the construction, operation and maintenance plan for said project is substantially completed; and WHEREAS, the Parties wish to provide additional funding of $2,000,000 to conduct further activities related to the continuation of Planning Work for which the City of Vernon will pay 6.25% or $125,000.00. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 2 THE CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon 4 hereby approves Amendment No. 2 to the proj ect Planning 5 Agreement, Mead/McCullough-Victorville/Adelanto Transmission 6 Project, a copy of which Amendment has' been presented to the 7 City Council concurrently with this Resolution, and the city 8 Council hereby orders said Amendment to be received and filed by 9 the City Clerk. 10 SECTION 2: The City Council of the City of Vernon 11 hereby authorizes the Mayor and the City Clerk to execute said 12 Amendment No. 2 for, and on behalf of, the City of Vernon. 13 SECTION 3: The City Clerk of the City of Vernon shall 14 certify to the passage of this resolution and thereupon and 15 thereafter the same shall be in full force and effect. 16 APPROVED AND ADOPTED this 15th day of January, 1991. 17 18 --~' //<<C~ MALKENHORST, City Clerk 19 ATTEST: // BRUCE V. 20 21 22 23 24 25 26 27 28 -2- . . 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 5873, was duly adopted by the City Council of the 6 City of Vernon at a regular meeting of the city Council duly 7 held on Tuesday, January 15, 1991, and thereafter duly signed by 8 the Mayor of the City of Vernon. 9 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- />,4 ,v~;"~Ph BRUCE v. MALKENHORST, ci ty Clerk ~~~lffi~ (Q)ff W@1~~1f <IDlffi@ IP(Q)~~1f ~ G'?~ ~1h~ (Cn~~ (Q)ff W$5 ~n~ t > .. TOM BRADLEY Mayor Commission MICHAEL J. GAGE, President RICK J. CARUSO, Vice President ANGEL M. ECHEVARRIA DOROTHY GREEN MARY D. NICHOLS JUDITH K. DAVISON, Secretary DANIEL W. WATERS, General Manager and Chief Engineer ELDON A. COTTON, Assistant General Manager - Power JAMES F. WICKSER, Assistant General MaMger - Water NORMAN L. BUEHRING. Assistant General Manager- External Affairs NORMAN J. POWERS, Chief Finoncial Officer March I, 1991 MeadjMcCullough-VictorvillejAdelanto Planning Participants (See attached list) Gentlemen: Executed Copies of Amendment No. 2 to the proiect Planninq Aqreement lDWP No. 101801 Enclosed for your files is one fully conformed copy of Amendment No. 2 (Amendment) to the above-referenced Agreement with all thirteen (13) countersignature pages. The Amendment is dated and effective as of March I, 1991. The Amendment provides for the continuation of Planning Work and provides an additional $2.0 million for Planning Work Costs. Should you have any questions, or if further information is desired, please contact me at (213) 481-5296 or have your staff contact Mr. Peter J. Fehervari at (213) 481-8747. 4;;';"~ .~:. sincerely, ~ DONAL[) M. ~ Manager of Power Contracts Enclosure c: Mr. Peter J. Fehervari wjo enclosure S. " J ~., -' III North Hope Street, Los Angeles, California 0 Mailing address: Box III, Los Angeles 90051-0100 Telephone: (213) 4814211 Cable address: DEWAPOLA FAX: (213) 481-8701 Recy<:lallle'no maoe _ <ecyOeO "'IS'. @ t . MEAD-MCCULLOUGH-VICTORVILLE/ADELANTO PLANNING PARTICIPANTS City of Anaheim Mr. Dale L. Pohlman AGM-power Resources Anaheim Public utilities Dept. 222 s. Harbor Blvd., 1st Floor Anaheim, California 92805 city of Pasadena Mr. David C. Plumb General Manager 150 S. Los Robles Ave., Ste. 200 Pasadena, California 91101 City of Banning Mr. Terry Collins Public utilities Director P. o. Box 998 Banning, California 92220 City of Riverside Mr. Bill D. Carnahan Director of Public utilities Riverside Public utilities Dept. 3900 Main street Riverside, California 92522 City of Vernon v' Mr. Bruce V. Malkenhorst City Administrator 4305 Santa Fe Avenue Vernon, California 90058 City of Azusa Mr. Joseph F. Hsu Director of utilities 213 E. Foothill Blvd. Azusa, California 91702 City of Burbank Mr. Ronald V. stassi General Manager Burbank Public Service Dept. P. o. Box 631 Burbank, California 91503 M-S-R Public Power Agency Mr. Kenneth H. McKinney General Manager P. o. Box 4060 Modesto, California 95352 City of Colton Mr. Gale A. Drews Electrical utility Manager 650 N. La Cadena Dr. Colton, California 92324 Salt River project Mr. Darrell E. smith P. o. Box 52025 Phoenix, Arizona 85072-2025 City of Glendale Mr. Michael P. Hopkins Director of Public Service Dept. 119 N. Glendale Ave., Rm. 600 Glendale, California 91206 Western Area Power Administration Mr. Thomas A. Hine Phoenix Area Manager P. o. Box 6457 Phoenix, Arizona 85005 . " .. 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 ')::1 .~ -.J ~M~~)~~~1T~ (Ri fDJ ,-: r(~ :1 r\..H fA\. n LllJ~~UlQ]UU~iklS _ MEAD/MCCULLOUGH-VICTORVILLE/ADELANTO TRANSMISSION PROJECT AMENDMENT No. 2 to the PROJECT PLANNING AGREEMENT between the DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES and CITY OF ANAHEIX CITY OF AZUSA CITY OF BANNING CITY OF BURBANK CITY OF COLTON CITY OF GLENDALE CITY OF PASADENA CITY OF RIVERSIDE CITY OF VERNON ll-S-R PUBLIC POWER AGENCY SALT RIVER PROJECT AGRICULTURAL IllPROVEllEN'l' AND POWER DISTRICT WESTERN AREA POWER ADllINISTRATION . Amendment No. 2 DWP No. 10180 . . . .f y 1 AMENDMENT NO. 2 2 :; TO THE PROJECT PLANNING AGREEMENT 4 5 6 1. PARTIES: The Parties to this Amendment No.2 ("Amendment"), effective as of H~f"~L I I <TOY I , to the Mead/McCullough- I 7 8 Victorville/Adelanto Transmission Project Planning Agreement as amended by Amendment No.1 thereto ("Agreement"), are the 9 DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES 10 11 12 ("Los Angeles"), a department organized and existing under the Charter of the City of Los Angeles, a municipal corporation of the State of California, and the CITY OF 13 ANAHEIM, CITY OF AZUSA, CITY OF BANNING, CITY OF BURBANK, CITY OF COLTON, CITY OF GLENDALE, M-S-R PUBLIC POWER AGENCY, CITY OF PASADENA, CITY OF RIVERSIDE, CITY OF VERNON, the UNITED STATES OF AMERICA acting through the WESTERN AREA POWER ADMINISTRATION and the SALT RIVER PROJECT AGRICULTURAL 14 15 16 17 18 19 20 21 22 2. IMPROVEMENT AND POWER OISTRICT, an agricultural improvement district organized and existing under and by virtue of the laws of the State of Arizona (hereinafter referred to individually as "Party" and collectively as "Parties"). RECITALS: This Amendment is made with reference to the 23 following facts and understandings among others: 24 2.1 The Parties hereto executed the Agreement (OWP No. 25 26 10180, dated April 1, 1985) to conduct and provide for 27 funding of Planning Work on a new transmission facility between Southern Nevada and Southern California. Q:) .~,j - 1 - , , " , ' '" , " " " " ,',-', ' , .~ .. , 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 . 2.2 The Parties, hereinafter also referred to as Planning Participants, appointed Los Angeles as the Project Manager. 2.3 The Parties entered into Amendment No.1 to the Project Planning Agreement effective as of December 31, 1985 which Amendment No. I, among other things, increased the limit of expenditure for Planning Work to $9,500,000. 2.4 The Project Manager completed a portion of the studies necessary for the determination of the feasibility of the DC Alternative, and presented the result of such studies to the Coordinating Committee. The Coordinating Committee concluded that an AC transmission line would better serve the needs of the Project Participants and directed the Project Manager to conduct further feasibility studies. 2.5 On June 24, 1988, the Project Manager obtained from the u.s. Bureau of Land Management ("BLM") a right-of-way grant which authorizes construction of a transmission line by the Project Participants on land owned by BLM. Pursuant to applicable Federal regulations, the right- of-way grant may be forfeited if not utilized within any continuous five year period. 2.6 The $9,500,000 approved for Planning Work has been fully expended. The Planning participants wish to provide for additional funding to the project Manager which shall conduct further activities related to the continuation of Planning Work consisting of the - 2 - ..... .., ' .. , " '> t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 r- t:;,) 24 25 26 27 Q:;) .~ ...J preparation of a construction, operation and maintenance plan to obtain permission from BLM to commence construction of the Project transmission line and prevent forfeiture of the right-oi-way. 3. AGREEMENT: In consideration of the mutual covenants herein, , the Parties agree to amend the Agreement as set forth 4 . AMENDMENTS: herein. 4.1 Limit on Planning Work Co~ts: Delete Subsection 7.1 of the Agreement and replace it with the following text: "7.1 Limit on Planning Work Costs: Notwithstanding any other provisions of the Agreement and this Amendment, the aggregate cost for Planning Work under the Agreement and this Amendment shall not exceed $11,500,000. Such aggregate cost shall include costs for Planning Work incurred by any Party, prior to the effective date of the Agreement or prior to the effective date of this Amendment." 4.2 Planning Work Budget: Delete Subsection 7.2 to the Agreement and replace it with the following text: "7.2 Planning Work Budget: The Parties hereby approve the budget for Planning Work Costs as set forth in Appendix B, Revision 2, attached hereto and made a part hereof. Any increase in such budget shall be subject to the prior review and approval of the Coordinating Committee." - 3 - : .. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 8. 5. ALLOCATION OF PAYMENT FOR PLANNING WORK COSTS: Notwithstanding any provisions to the contrary in the Agreement, the Parties hereto agree that the responsibility for and allocation of those Planning Work Costs authorized under this Amendment No.2, which costs are in excess of amounts previously authorized by the Agreement, shall be in accordance with Column C of Appendix A, Revision 1, which Appendix is attached hereto and made a part hereof. Such reallocation of Planning Work Costs shall not affect the allocation of voting rights or Election Rights which remain allocated pursuant to Column B of Appendix A, Revision 1. 6. EXECUTION OF THE AMENDMENT IN COUNTERPARTS: This Amendment No. 2 shall be executed in counterparts and each Planning Participant shall deliver its executed counterpart signature page to the project Manager. 7. EFFECTIVE DATE AND TERM: This Amendment No. 2 shall become effective upon the date first written above, which shall be the date when all Planning Participants have delivered to the Project Manager one fully executed signature page. Thi.s Amendment No. 2 shall terminate concurrently, and in accordance with the terms of the Agreement. ALL OTHER SECTIONS TO REMAIN THE SAME: All other sections 23 of the Agreement that are not amended herein shall remain 24 the same and in full force and effect. 25 9 . SIGNATURE CLAUSE: IN WITNESS WHEREOF, the signatories 26 hereto represent that they have been appropriately 27 authorized to enter into this Amendment No. 2 to the project ?:::l .~ oJ - 4 - 1 2 Planning Agreement, as of the date first written above, on behalf of the Party for whom they sign. 3 4 ~. -t 5 ;:n N rr'1 C OJ -< ;;c ,.." $I> ~:> ~ N '~ ~ 5 6 DEPARTMENT OF WATER AND POWER I,P?~OV::O ASTOmFM.AND 1~~'l.nY OF THE CITY OF LOS ANGELES J ".r" K. H'~~'l C'T'.' ~-,,:'l~'" ;~~lW __..c.. h.:I\, ..ill 'd.""'.........b ~F THE CI~Y OF LOS. ANGELES ~. . R.D.\VEis~~' B- ~Uj .uj~~ sis nt QI;l AUam~ Y general Mlllla&tlr ana "Mm (n&mlll and~~~ 7 8 9 10 11 12 13 CITY OF ANAHEIM 14 By (Seal) 15 16 Attest: 17 18 19 CITY OF AZUSA 20 (Seal) 21 Attest: 22 r- G,) 24 25 26 (Seal) 27 Attest: 23 By CITY OF BANNING By - 5 - < .f 1 2 Planning Agreement, as of the date first written above, on behalf of the Party for whom they sign. 3 4 5 6 DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES 7 8 9 10 11 12 13 14 by BOARD OF WATER AND POWER COMMISSIONERS OF THE CITY OF LOS ANGELES By and Secretary (Seal) By 15 16 ~~J(S'4- 17 18 19 Alan R. Watts Special Counsel City of Anaheim Dated: February 7, 1991 CITY OF AZUSA 20 (Seal) 21 Attest: 22 ro- t::." 24 25 26 (Seal) 27 Attest: 23 By CITY OF BANNING By - 5 - , "I 1 2 3 4 5 6 Planning Agreement, as of the date first written above, on behalf of the Party for whom they sign. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES by 7 BOARD OF WATER AND POWER COMMISSIONERS OF THE CITY OF LOS ANGELES 8 9 10 11 By and Secretary 12 13 14 CITY OF ANAHEIM By (Seal) 15 16 Attest: 17 18 19 20 21 22 (Seal) CITY OF AZUSA By i ~PV 1'1l~ i/ / 23 24 25 26 CITY OF BANNING By (Seal) 27 Attest: 23 - 5 - '\ . , 1 Planning Agreement, as of the date first written above, on 2 behalf of the Party for whom they sign. :; 4 5 DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES 6 by 7 BOARD OF WATER AND POWER COMMISSIONERS OF THE CITY OF LOS ANGELES 8 9 10 11 12 13 14 (Seal) 15 Attest: 16 17 18 19 20 (Seal) 21 Attest: 22 By and Secretary CITY OF ANAHE IM By CITY OF AZUSA By 23 25 26 (Seal) :: A~.->~~L~ - 5 - 24 " 1 2 3 4 5 :;TY OF BURBZd~ APPROVED lts TO FORM . Date (Seal) Attest: 6 ~;;w~ By Title 7 8 9 CITY OF COLTON 10 By 11 (Seal) 12 Attest: 13 14 15 16 CITY OF GLENDALE 17 By 18 (Seal) 19 Attest: 20 21 22 ,,- Go) 24 25 (Seal) Attest: 26 27 9:) OJ""; CITY OF PASADENA By - 6 - 1 2 3 4 (Seal) 5 Attest: 6 7 8 9 10 11 ( Seal) 12 I Attest: 13. Y~a* ,(l~ I 14 15 16 17 18 (Seal) 19 Attest: 20 21 22 ,..- G.) 24 25 (Seal) Attest: 26 27 23 CITY OF BURBANK By C~F~ON . ~ ~d A-/~/ ::~T:{1J~ Alan R. atts Special Counsel City of Colton Dated: January M-, 1991 CITY OF GLENDALE By CITY OF PASADENA By - 6 - ., ~ " 1 2 ;) 4 (Seal) 5 Attest: 6 7 8 9 10 11 (Seal) 12 Attest: 13 14 15 16 17 18 19 20 21 22 ,..- ,," 24 25 26 27 23 (Seal) Attest: ~r$/3.g;t# .. -'. .. :-./' I'. '..' .'. -.. 'd --- _'. f. .'...- ._. ._._ ." ._ _. .'- (Seal) Attest: CITY OF BURBANK By CITY OF COLTON By By CITY OF PASADENA By - 6 - 1 2 CITY OF BURBANK 3 4 (Seal) 5 Attest: 6 7 8 9 10 11 (Seal) 12 Attest: 13 14 15 16 17 18 (Seal) 19 Attest: 20 21 By CITY OF COLTON By CITY OF GLENDALE By 22 24 25 26 (Seal) CITY OF PASADENA By a;~ti:f Hart~'r City Manager 23 , ' (; , \ I ttest:~, .,' . . . .~,,,~ Marv;I! lL ~ '~erreh' Z1U/"1 CitY'lClerk ' , I \ , -'1 ._1,) APPROVED AS TO Fj)'\M: #I J This ~Of.If:lfl.. 19JL- By r 'irY~ AsSistant General Counsel 27 23 - 6 - . . . t 10 11 12 13 14 15 16 1 2 3 ( Seal) 4 Attest: 5 CM..viL d.<-fl h?" J -' --ui:ty ~ 6 7 8 (Seal) 9 Attest: Attest: 17 18 19 20 21 Attest & Countersign: 22 23 24 25 26 27 23 CITY OF RIVERSIDE By ~'1~7??~ CITY OF VERNON By M-S-R PUBLIC POWER AGENCY By SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By WESTERN AREA POWER ADMINISTRATION By - 7 - . . 9 10 11 12 13 14 15 16 17 18 19 1 2 3 ( Seal) 4 Attest: 5 6 7 8 (Seal) Attest: /L- Attest: 20 21 22 CITY OF RIVERSIDE By CITY OF VERNON By..- t~~~~:;. APPROVED AS TO FORM BY~ DAVID B. BREARLE~ CITY A'i'TORNEY 'dAN 1 5 199J M-S-R PUBLIC-POWER AGENCY By SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By Attest & Countersign: ro- G.) 24 25 26 27 23 WESTERN AREA POWER ADMINISTRATION By - 7 - f 1 2 3 ( Seal) 4 Attest: 5 CITY OF RIVERSIDE By 6 CITY OF VERNON 10 11 12 13 14 15 16 17 7 By 8 ( Seal) 9 Attest: Lj'~wc .- - 18 19 20 21 22 Attest & Countersign: ,..- ,," 24 25 26 27 28 "';" ,,,' ';' ,',"'" , , " H-S-R PUBLIC PO~_ AGE~ By ~ ~~..7 SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By WESTERN AREA POWER ADMINISTRATION By - 7 - " " , ,," ." , " , , . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,..- G~ 24 25 26 27 23 (Seal) Attest: (Seal) Attest: Attest: BY DATE Attr} .' Countersign. 11 ~A.,D~({)wAP, CITY OF RIVERSIDE By CITY OF VERNON By M-S-R PUBLIC POWER AGENCY By By WESTERN AREA POWER ADMINISTRATION By - 7 - . . 1 2 3 ( Seal) 4 Attest: 5 CITY OF RIVERSIDE By 6 CITY OF VERNON 7 By 8 ( Seal) 10 11 12 13 14 15 16 17 18 19 20 21 22 ", 9 Attest: Attest: Attest & Countersign: ,..- G':> 24 25 26 27 23 M-S-R PUBLIC POWER AGENCY By SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT By :STE~ ~o; ~TION - 7 - : ~ ".:: .::'" . -. 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 23 APPENDIX A TO PROJECT PLANNING AGREEMENT, REVISION 1 SCHEDULE OF PT.ANNING WORK COST S~ES AND ELECTION RIGHTS The Planning Work Cost Share and Election Right of each Planning Participant shall be the indicated percentage set forth opposite its name in the following'schedule. Planning Work Election Right Cost Share & Planning Work Percentage Only Election Right% Cost Share Only AC Project DC Alternative AC Project Planning Column A Column B ColuIijt). C Participant MW % MW % JfiL % Anaheim 150 14.286 200 10.000 110 9.1666 Azusa 6.3 .600 15 .750 18 1. 5000 Banning 4.3 .410 8 .400 11 . 9 167 Burbank 50 4.762 80 4.000 94 7.8334 Colton 5.3 .505 12 .600 21 1. 7500 · Glendale 50 4.762 78 3.900 90 7.5000 Pasadena 30 2.857 58 2.900 70 5.8334 Riverside 60 5.714 150 7.500 110 9.1666 Vernon 35 3.333 65.9 3.295 75 6.2500 Los Angeles 373.47 35.568 583.1 29.155 291 24.2500 M-S-R 100 9.524 250 12.500 210 17.5000 SRP 0 0 200 10.000 0 0 Western 185.63 17.679 300 15.000 100 8.3333 Total 1,050.00 100.000 2,000 100.000 1,200 100.0000 , " :" " ... 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 , " 1 2 3 APPENDIX B TO PROJECT PLANNING AGREEMENT 4 5 6 PLANNING WORK BUDGET REVISION 2 This Revision 2 to the Mead-Adelanto Planning Work Budget shown below authorizes expenditure of a $2 million increase in Planning Work Costs. 7 8 BUDGET PLANNING WORK 1) Additional funding for Planning Work $ 1,765,000 to be performed by the Project Manager for activities consisting of the preparation of a construction, operation and maintenance plan to obtain permission from BLM to commence construction of the project transmission line and prevent forfeiture of the right-of-way* Additional funding for work to be $ 235,000 performed by Salt River Project pursuant to Letter Agreement between the Project Manager and SRP dated August 9, 1990** 2) $ 2,000,000 * As long as total expenditures do not exceed $1,765,000, the Project Manager may expend, in any month, up to 120% of the following monthly budgeted amounts: Jan 1991 $ 125,000 Feb 91 200,000 Mar 91 225,000 Apr 91 255,000 May 91 255,000 June 91 315,000 July 91 390.000 TOTAL $ 1,765,000 ** Authorized by the Mead-Adelanto Coordinating 25 Committee pursuant to a motion approved at its meeting held December 7, 1990 in Ontario, California. 26 27 23 , " , , ,', ,"' :. ::.>>: ,,"'> ':".'''',: , ,,'.