Ordinance No. 10461
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
ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A FRANCHISE TO PACIFIC PIPELINE
SYSTEM, INC. TO INSTALL, MAINTAIN AND OPERATE A
PRESSURIZED STEEL PIPELINE AND APPURTENANCES IN
AND UNDER ALAMEDA STREET IN THE CITY OF VERNON,
CALIFORNIA
WHEREAS, Pacific Pipeline System, Inc. is a Delaware
corporation and a public utility transmitting and distributing
petroleum oil or products by means of pipes and appurtenances
subject to Section 6202 of the Public Utilities Code of the State
of California; and
WHEREAS, Pacific Pipeline System, Inc. has applied for a
franchise to place a twenty -inch, insulated, pressurized steel
pipeline in and under a portion of Alameda Street in the City of
Vernon and to transmit or distribute such petroleum oil or
products through it; and
WHEREAS, said pipeline will have an above - ground valve
located in the median strip of Alameda Avenue protected by
concrete barriers, and will include an associated fiber optics
cable to which the City of Vernon will have access; and
WHEREAS, the City of Vernon operates its own water
system, has property rights in the underground water, and is
responsible for insuring the potability of the water distributed;
and
WHEREAS, leakage or spillage of such oil or products,
whether under public streets or property or under private
property, may cause contamination of the ground or water which
will require remedial action by Pacific Pipeline System, Inc.
and /or the City of Vernon; and
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
WHEREAS, the City Council of the City of Vernon pursuant
to Section 6232 of the California Public Utilities Code adopted
Resolution No. 6837 on April 8, 1997, declaring its intention to
grant this franchise and setting a public hearing, notice of which
was published in the Metropolitan News on April 18, 1997, and the
public hearing held on May 6, 1997; and
WHEREAS, the City Council is authorized by City Charter
Section 8.9 to grant a franchise in the City of Vernon to any
person, firm, corporation, or other entity and to set terms
conditions, restrictions and limitations by ordinance.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: Findings.
The City Council of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: Grant of Franchise.
A franchise (hereinafter "Franchise ") shall be, and the
same is hereby, granted by the City Council of the City of Vernon
to the Pacific Pipeline System, Inc. (hereinafter "Franchisee ") to
maintain and operate approximately three hundred seventy -five
(375) feet of twenty inch (20 ") diameter, insulated, pressurized
steel petroleum pipeline (hereinafter "Pipeline ") in and under a
portion of Alameda Street in the City of Vernon, including valves
and other appurtenances in the median strip of Alameda Street, for
the purpose of transmitting oil and oil products. The Franchisee
shall also have the right to install, operate and maintain a fiber
optics communication system in conjunction with the Pipeline.
///
-2-
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
SECTION 3: Location.
The Franchise is identified and shall be located as shown
on the engineer's drawing marked Exhibit "A" attached hereto and
made a part hereof by reference and further described as follows:
Alameda Street:
Beginning at the north boundary of the
City of Vernon approximately 30 feet east
of the west City boundary and continuing
south for a distance of 225 feet, at
which point Franchisee will install a
valve in the median strip, then
continuing south 120 feet and turning
west 30 feet to the west boundary of the
City of Vernon.
SECTION 4: Term of Agreement. This Franchise is granted
for a term of twenty -five (25) years from and after the date
hereof. Upon request in writing by the Franchisee, this Franchise
may be extended for an additional term of twenty -five (25) years
by resolution of the City Council without public hearing. Such
extension shall be at the sole discretion of the City Council.
SECTION 5: Terms and Conditions.
The City Council of the City of Vernon hereby grants this
Franchise subject to the terms and conditions set forth in the
Code of the City of Vernon, California, 1959, Chapter 13, Article
IV, and Chapter 22, Article VI, to the extent they are not in
conflict with any paramount authority of the State or Federal
government, and the acceptance hereof shall evidence the
Franchisee's agreement to all terms and conditions of said
articles and the additional conditions herein contained.
SECTION 6: Franchise Fee.
During the term of this Franchise, Franchisee shall pay
to the City of Vernon an annual Franchise fee for the Pipeline in
the amount of Two Hundred Three Dollars ($203.00) being the fee
-3-
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
established by California Public Utilities Code Section 6231.5 and
escalated as set forth therein. In addition, the Franchisee shall
pay an equivalent amount for the maintenance and operation of the
valve in the median strip for a total annual fee of Four Hundred
Six Dollars and No Cents ($406.00). Such fees shall be paid in
advance of the 20th day of June of this year and each year
thereafter.
Such fees shall be escalated annually in accordance with
the Consumer Price Index cited in Section 6231.5, which shall be
the Consumer Price Index, Pacific Cities and U.S. City Average,
All Items Indexes, Urban Wage Earners and Clerical Workers, Los
Angeles- Anaheim - Riverside (hereinafter "Index ") published by the
United States Department of Labor, Bureau of Labor Statistics. In
the event said Index as of the anniversary date is higher than
said Index for the issuance date, the renewal fee shall be
increased effective the anniversary date by multiplying said
renewal fee by a fraction, the numerator of which is the Index for
the current anniversary date and the denominator of which is the
Index existing on the issuance date. There shall be no reduction
in fees by operation of this provision.
If, in the future, said Index shall be changed so that
the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in
accordance with the conversion factor published by the United
States Department of Labor, Bureau of Labor Statistics. In the
event said Index is discontinued or revised during the term of
this agreement, such other governmental Index or computation with
which it is replaced shall be used in order to obtain
-4-
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
substantially the same result that would be obtained if said
present Index had not been discontinued or revised.
SECTION 7: Additional Terms and Consideration.
In consideration of the right to install, operate, and
maintain valves and other appurtenances in the median strip of
Alameda Avenue and a fiber optic system in conjunction with the
Pipeline, the Franchisee shall perform and meet the following
conditions:
(a) Franchisee shall install, maintain and
repair in the median strip of Alameda Avenue signs for the "City
of Vernon" as shown on Exhibit B which is attached hereto and made
a part hereof by reference. Such signs shall be so constructed to
provide a barrier to protect the Pipeline valves and appurtenances
in said median strip from damage by any vehicle or other
instrumentality.
(b) Franchisee shall reserve for the City of
Vernon a single two -fiber optical cable or portion of a cable in
Alameda Street from the northern city limit to Slauson Avenue with
designated access points, all as shown on Exhibit C which is
attached hereto and made a part hereof by reference. Use of such
fibers shall include the right to interconnect to any similar
fiber reserved by Franchisee for any county, city, or other agency
whether governmental or private along the route of the Pipeline,
either inside or outside the boundaries of the City of Vernon.
SECTION 8: Insurance.
Franchisee shall secure and keep in full force and effect
at all times during the term of this Franchise general liability
insurance in the amounts determined by the City Council of the
-5-
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
City of Vernon on an annual basis. Franchisee shall maintain
worker's compensation and employee's liability coverage in
accordance with state law.
Franchisee shall file proof of such general liability
insurance and proof of worker's compensation insurance or
authorized worker's compensation self - insurance with the City
Clerk. Proof of general liability insurance shall include the
following:
(a) A certificate of insurance.
(b) An endorsement naming the City of Vernon,
its officers, and employees as additional named insureds under
such policy(ies).
(c) An endorsement covering operations performed
pursuant to this Franchise.
(d) An endorsement providing the City of Vernon
thirty (30) days written notice of cancellation or material
reduction of coverage.
(e) A notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true and
correct and that the signator is an officer authorized to so
certify.
SECTION 9: Performance Bond.
The grant of this Franchise is effective only upon
further consideration that Franchisee shall file with and shall
thereafter at all times during the life of this Franchise keep on
file with the City of Vernon a faithful performance bond in the
penal sum of One Hundred Thousand Dollars ($100,000.00), the
-6-
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
amount of which shall at the request of the City of Vernon be
subject to an increase in accordance with the Consumer Price Index
cited in Section 4, above.
SECTION 10: Reasonable Care.
Franchisee shall exercise reasonable care in inspecting,
testing, maintaining, and repairing the Pipeline in first class
condition to the satisfaction of the State Fire Marshal, the State
Department of Transportation, and the City of Vernon.
SECTION 11: Permits.
Franchisee shall obtain all necessary Federal, State, and
local permits, including City of Vernon health permits, and no
repair or construction to the Pipeline shall be performed except
in accordance with the provisions of Chapter 22 of the Vernon City
Code pertaining to encroachments to the extent they are not in
conflict with any paramount authority of the State or Federal
government.
SECTION 12: Termination for Non -User.
In the event that Franchisee shall fail to utilize the
Pipeline covered by this Franchise for a consecutive period of six
(6) months, the City Council of the City of Vernon shall have the
right, at its sole discretion, to declare this Franchise
terminated.
SECTION 13: Assignment.
Franchisee shall not sell, transfer, assign, or lease
this Franchise, or any part hereof, or any of the rights,
obligations or privileges granted hereby to any person,
partnership, joint venture, agency, entity, corporation, or public
utility, unless approved by resolution of the City Council.
-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
28
SECTION 14: Termination for Failure to Perform.
In the event Franchisee shall fail to keep, fulfill or
perform any of the terms or conditions of this Franchise and shall
fail to commence remedying such default within thirty (30) days
after written notice from the City, and to complete such remedy
within sixty (60) days of such written notice or such other time
as may be approved in writing by the City Administrator, the City
may declare this Franchise terminated. Upon such declaration of
termination and failure to remedy such default, this Franchise
shall be cancelled and all of the rights and privileges of
Franchisee under this Franchise shall be surrendered, and the City
may thereafter exclude Franchisee from further use of the street
under this Franchise.
SECTION 15: Safety Requirements.
The Pipeline shall meet the safety requirements of the
California Pipeline Safety Act of 1981 (Government Code Section
51010, et seq.) and /or the United States Hazardous Liquid Pipeline
Safety Act (49 U.S.C. Section 2001, et seq.), whichever is
applicable, or any successor provisions. Franchisee shall comply
with all valid regulations and orders issued under either Act, as
applicable. Failure to comply with any lawful order of the State
Fire Marshal or any other authorized public officer shall
constitute a default.
SECTION 16: Statutory Requirements.
Franchisee shall file and maintain with the City of
Vernon, in accordance with Government Code Section 51015, a map or
set of maps showing the location of the Pipeline, a description of
all products transported in the Pipeline, and a contingency plan
-8-
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
for Pipeline emergencies. In accordance with Vernon City Code
Section 22.85, the map or set of maps shall each be drawn to a
scale of not less than one inch to two hundred feet, showing in
detail the plan location, size and kind of installation of all
underground encroachments, whether currently in use or abandoned
in place. A corrected map or set of maps, each drawn to such
scale, shall be filed annually with the traffic engineer and shall
include all installations made during the previous year. Failure
of the Franchisee to comply with the above instructions shall
constitute a default.
SECTION 17: Conformity to Rules.
The Franchisee shall construct, install, and maintain the
Pipeline and appurtenances in accordance and in conformity with
all of the ordinances and rules adopted by the City Council and
not in conflict with any paramount authority of the State or
Federal government.
SECTION 18: Underground Service Alert.
Franchisee shall become a member agency of Underground
Service Alert and perform all duties as required by said agency.
SECTION 19: Repair and Restoration.
Upon notice from the traffic engineer, Franchisee shall
promptly repair or restore at its own cost and expense, to the
satisfaction of the City of Vernon, any damage caused to any
street, alley or other public or private property, in the City of
Vernon by reason of any breaks, or failure of the facilities
constructed, maintained, or operated under this Franchise; and if
Franchisee shall fail to comply with any instructions of the City
relative thereto within ten (10) days after the service of written
-9-
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
28
notice upon Franchisee requiring compliance therewith, then the
City may immediately do whatever work is necessary to carry out
said instructions at the cost and expense of said Franchisee,
which costs by the acceptance of this Franchise, said Franchisee
agrees to pay upon demand. Upon failure of Franchisee to pay,
City shall have an independent cause of action for recovery
against the Franchisee, the performance bond, and /or the policies
of insurance required by this Franchise.
SECTION 20: Suspension for Disaster.
In case of a serious earthquake or disaster, operations
of said facilities shall be suspended immediately. Only after a
thorough physical check of the entire facilities by a maintenance
crew of Franchisee shall operations be resumed. Franchisee shall
provide the City with the opportunity to have a City inspector
present at such check of the facilities.
SECTION 21: Relocation.
If, at any time during the term of this Franchise, it
becomes necessary to remove or relocate the Pipeline in order to
accommodate a construction project performed by or on behalf of
the City of Vernon, Franchisee shall at its own cost and expense
promptly remove or relocate said facilities.
SECTION 22: Removal of Encroachment.
In the event of the termination of this Franchise for any
cause, Franchisee shall at its own cost and expense, remove the
encroachment facilities. This provision shall not be applicable
during such period as Franchisee may be negotiating with the City
of Vernon for renewal of this Franchise. If Franchisee fails to
remove the encroachment facilities, City shall have the right to
-10-
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
remove them at Franchisee's sole expense and shall have recourse
for recovery of costs against the Franchisee and /or the
performance bond.
SECTION 23: Liability.
Franchisee shall be solely responsible and liable for any
ground or water contamination resulting from leakage or breakage
of the Pipeline, whether past, present, or future. Franchisee
shall clean up, remove and replace any contaminated soil; shall
satisfy any lawful order of a court of law or a Federal, State, or
local official regarding such contamination whether issued against
Franchisee or the City, its officers, or employees; and shall
preserve and save harmless the City and each officer and employee
thereof from any liability or responsibility therefor and from any
costs or attorney's fees arising therefrom.
SECTION 24: Indemnification.
Franchisee shall preserve and save harmless the City and
each officer and employee thereof from any liability or
responsibility for any accident, loss or damage to persons or
property happening or occurring as a proximate result of the
operation and /or maintenance of the Pipeline or the construction
or repair thereof.
SECTION 25: Notices.
All official communications, notices, and demands shall
be transmitted or delivered to the parties at the following
addresses or at such other address as may be given in writing to
the other party. If deposited in the United States Mail, delivery
shall be deemed to have taken place five (5) days thereafter.
///
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
CITY OF VERNON:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058 -0805
PACIFIC PIPELINE SYSTEM, INC.:
Pacific Pipeline System, Inc.
101 South First Street, Suite 407
Burbank, CA 91502
SECTION 26: Severance.
If any section, subsection, sentence, clause, phrase or
word of this ordinance is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance; it being the intention
of the City Council of the City of Vernon to pass and adopt this
ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that one or more of the sections,
subsections, clauses, sentences or phrases thereof may be declared
to be invalid or unconstitutional.
SECTION 27: Publication.
There being no newspaper printed, published or circulated
in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this ordinance and shall post the same,
or cause the same to be posted, within fifteen (15) days after its
passage in accordance with Section 36933 of the Government Code,
in three (3) of the most public places in the City of Vernon, to
wit: the northwest corner of 38th Street and Santa Fe Avenue, the
northeast corner of Leonis Boulevard and Pacific Boulevard, and on
the bulletin board in the lobby of the City Hall of said City,
located at 4305 Santa Fe Avenue, all in the City of Vernon, County
-12-
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
of Los Angeles, State of California.
SECTION 28: Effective Date.
This ordinance shall be in full force and effect thirty
(30) days from and after its passage by the City Council.
APPROVED AND ADOPTED this 20 day of May , 1997.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-13-
LEONIS C. MAL:URG, M. or
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
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 Ordinance, being
Ordinance No. 1046 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on
Tuesday, May 6, 1997, and thereafter finally adopted at a regular
meeting of said City Council held on Tuesday, May 20
1997, and thereafter was duly signed by the Mayor of the City of
Vernon, by the following vote:
(SEAL)
AYES: 5 Councilmen: Malburg, Ybarra, Gonzales,
Davis, McCormick
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
BRUCE V. MALKENHORST, City Clerk
-14-
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON
I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, do hereby certify that on the 29th day of May,
1997, there was posted three (3) copies of:
ORDINANCE NO. 1046
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
gener9.l circulation printed and published in the City of Vernon.
auAlc) `'
G ,Loria J. Oro o
Chief Deputy City Clerk
Date: Sya 9/9 7
:AfdvtPstg
Subscribed and sworn to before
me this `. }` of r \cam-\ 1997
Notary Public in and for the
County of Los Angeles, State
Of California
SHARON L. DUCKWORTH
COMM. i 1061096
Notary Public — California
LOS ANGELES COUNTY
jMYCornrn.ExIres JUN 9, 1999
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 6949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON CERTIFYING THAT THE COUNCIL HAS
REVIEWED AND CONSIDERED THE FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT /STATEMENT FOR THE
PROPOSED PACIFIC PIPELINE PROJECT AND MAKING
CERTAIN FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Vernon by
Resolution No. 6937 adopted April 8, 1997, declared its intention
to grant a franchise to Pacific Pipeline System, Inc., a Delaware
Corporation, to install, operate, and maintain a pressurized steel
pipeline and appurtenances for the transportation of hydrocarbon
substances in the City of Vernon; and
WHEREAS, said resolution set a hearing on the franchise
ordinance has been scheduled for May 6, 1997; and
WHEREAS, a Final Subsequent Environmental Impact
Report /Environmental Impact Statement ( "SEIR /EIS ") for the
proposed pipeline was prepared by the California Public Utilities
Commission in compliance with CEQA guidelines, public hearings
were conducted by the lead agency, and the SEIR /EIS was certified
by the lead agency, the California Public Utilities Commission, on
April 10, 1996; and
WHEREAS, the City of Vernon was notified of the project
and was provided with an opportunity to make comments on the draft
SEIR /EIS; and
WHEREAS, the City of Vernon, as a Responsible Agency
under CEQA, is required to consider and approve findings and a
statement of overriding considerations; and
WHEREAS, a separate document entitled "Findings and
Statement of Overriding Considerations for the Environmental
1 Impact Report" (hereinafter "Findings and Statement ") has been
2 prepared which contains the description of the complete project
3 consisting of a 132 mile oil pipeline from Kern County to Los
4 Angeles; and
5 WHEREAS, the portion of the project within the City of
6 Vernon consists of approximately 375 feet of twenty -inch (20 ")
7 insulated pressurized steel pipeline in and under Alameda Street
8 extending south from 25th Street, including a valve structure in
9 the median of Alameda Street protected by concrete barriers; and
10 WHEREAS, the original application called for the valve
11 structure to be located on the east side of Alameda Street with no
12 concrete barriers and with the pipeline crossing two times under
13 the east side of Alameda Street; and
14 WHEREAS, by allowing the valve structure to be located
15 in the median protected by barriers and installed in line with the
16 pipeline, the City of Vernon mitigated any potential leakage or
17 breakage from the double under - crossing of Alameda Street and
18 reduced the extent of traffic disruption from construction
19 activities.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
21 THE CITY OF VERNON AS FOLLOWS:
22 SECTION 1: The City Council of the City of Vernon
23 hereby finds and determines that the recitals contained
24 hereinabove are true and correct.
25 SECTION 2: The City Council of the City of Vernon
26 hereby certifies and adopts the Findings and Statement of
27 Overriding Considerations for the Environmental Impact Report, a
28 copy of which has been delivered to the City Council concurrently
-2-
1 herewith, and the City Council hereby orders said Findings and
2 Statement to be received and filed by the City Clerk.
3 SECTION 3: The City Clerk of the City of Vernon shall
4 certify to the passage of this resolution, and thereupon and
5 thereafter the same shall be in full force and effect.
6 APPROVED AND ADOPTED this 6th day of May, 1997.
7
8 s /Leonis C. Malburg
9
ATTEST:
10
s /Bruce V. MalkPnhorst-
11 BRUCE V. MALKENHORST, City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
LEONIS C. MALBURG, Mayor
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. 6949, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held
7 on Tuesday, May 6, 1997, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
9
10 s /Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
11
(SEAL)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
City Administrator / City Clerk's Office
MEMORANDUM
DATE: September 2, 1999
TO: City Attorney's Offi
FROM: Gloria J. Orosco, i':f Deputy City Clerk
RE: National Union Bond 17 -76 -89
Attached herewith is a correspondence dated June 8, 1999 from The Anschutz
Corporation advising that a Surety Rider, for the above referenced bond, is
amending the Principal's name from Pacific Pipeline System, Inc. to Pacific
Pipeline System, LLC. Please advise if any other action is necessary.
,e',,,0460.-7 'N(1111
THE
CORPORATION
2400 ANACONDA TOWER • 555 SEVENTEENTH STREET • DENVER, COLORADO 80202 • 303-298 -1000 FAX 303 -298 -8881
June 8, 1999
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
RE: National Union Bond 17 -76 -89
Dear Sir or Madam:
Please find enclosed a rider on the above referenced bond executed April 9, 1999. The rider
amends the Principal's Name effective March 5, 1999 from Pacific Pipeline System, Inc. to
Pacific Pipeline System, LLC.
If you have any questions, please feel free to call me at 303 - 299 -1323. Thank you.
Sincerely,
THE ANSCHUTZ CORPORATION
I
Linnore T. a /males
Assistant Risk Manager
AIU Insurance Company
American Home Assurance Company
Granite State Insurance Company
The Insurance Company of the State of Pennsylvania
National Union Fire Insurance Company of Pittsburgh, Pa.
New Hampshire Insurance Company
�n+
American International Companies®
Principal Bond Office
70 Pine Street
New York, N.Y. 10270
SURETY RIDER
To be attached to and form a part of Bond No 177689 dated Apri 1 8th 1997
executed by Pacific Pipeline System, Inc.
National Union Fire insurance Company of Pittsburgh, Pa_
, as Principal, and
, as Surety, in favor of
In consideration of the premium charged, it is understood and agreed that, effective on March 5, 1999
Principal Name is Hereby Amended From:
To:
Pacific Pipeline System, Inc.
Pacific Pipeline System LLC
, as Obligee.
Provided, however, that the liability of the Surety under the attached bond and under the attached bond as changed by this rider
shall not be cumulative.
Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of
the above - mentioned bond, other than as stated above.
Signed, sealed and dated April 9, 1999
Pacific Pipeline System LLC
Accepted: By
(Obligee)
(Principal)
(Seal)
nn Wood-Vice Presidentfiiue)
National Union Fire Insurance Company
of Pittsburgh, Pa.
By By
(Tale)
(Surety)
Kathleen K. Freund
American Home Assurance Company
Nationa! -Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 175 Water Street, New York, N.Y. 10038
KNOW ALL MEN BY THESE PRESENTS:
POWER OF ATTORNEY
No. 23-B-13820
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
— Vivienne Douglas, Raymond A. Leonard, J. M. O'Connell, Kathleen K. Freund: of Denver Colorado—
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 10th day of September, 1998.
Lawr . Carlstrom, Senior Vice President
National Union Fire Insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 10th day of September, 1998 before me came the
above named officer of American Home Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
personally known to be the individual and officer described herein,
and acknowledged that he executed the foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
JOSEPH 8. NOZZOUO
Notary Public. Strte of New York
No. 01-N04652754
Qualified in Westchester Cow
Term Expires Jen, 31, Z.
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact."
1, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are
true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of each corporation
65166 (4/96)
this 9th day of April , 19 99.
ze4idatzet,
Elizabeth M. Tuck, Secretary
❑ NEW HAMPSIIIRE INSURANCE COMPANY
❑ GRANITE STATE INSURANCE COMPANY
❑ AMERICAN HOME ASSURANCE COMPANY
EN NATIONAL UNION FIRE INSURANCE COMPANY
PITTSBURGH, PA.
❑ Name of Company ❑ Nam, of Compton,/
CONTINUATION AMERICAN INTERNATIONAL COMPANIES
Bond No. 177689 CERTIFICATE Executive Offices: 70 PINE STREET
NEW YORK, N.Y. 10270
In Consideration of the renewal premium the Company named above which executed the bond described herein continues it
subject to all the conditions and terms thereof to noon on Apri 1 8, 2000 X9( at location of risk.
Principal or Insured Pacific Pipeline System, Inc. Amount of $100,000.00
Obligee City of Vernon, CA Premium $210.00
Kind of Bond Franchise Bond
This continuation is executed upon the express condition that the Company's liability under said bond and this and all continuations
thereof shall not be cumulative and shall in no event exceed the sum of
One Hundred Thousand Dollars and no /100ths
Signed and Sealed this 8th day of Apri 1
avia
Kathleen K. Freund At`°r"°"-' " -f°"
952.1 (9181)
_ _Jolters.
S9 99
American HIonic Assurance Company
Natiitit::3 Union Fire insurance Company of Pittsburgh, Pa.
I'rincipu`i lfond Office: 175 Water Street, New York, N.Y. 10038
'.:NO\\ :'.1_L i.IEN BY THESE ('RESENTS:
POWER OF ATTORNEY
No. 23-13-13820
That American 1lomc Assurance Company, a New York corporation, and National Union Firc Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation, does each hereby appoint
- -- Vivienne Douglas, Raymond A. Leonard, J. M. O'Connell, Kathleen K. Freund: of Denver Colorado- -
its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Firc Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 10th day of September, 1998.
"
Lawrencestrom, Senior Vice President
National Union Fire insurance Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK )
COUNTY OF NEW YORK )ss.
On this 10th day of September, 1998 before me carne the
above named officer of American Hone Assurance Company and
National Union Fire Insurance Company of Pittsburgh, Pa., to me
personally known to be the individual and officer described herein,
and acknowledged that he executed thc foregoing instrument and
affixed the seals of said corporations thereto by authority of his
office.
JOSEPH B. NOZZOLIO
Notary Public, State co New York
No. 01- N04652754
Qualified in Westchester Count1/
l'erm Expire: Jan, 31, M2a,
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Dircctors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact."
I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire insurance Company of Pittsburgh, Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are
true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed thc facsimile seal of each corporation
65166 (4,96)
this
day of
Elizabeth M. Tuck, Secretary
-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: (213) 581 -7924
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583 -8811
May 1, 1997
DAVID B. BREARLEY
City Attorney
FAX: (818) 330 -5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588 -2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583 -1983
DAVE TELFORD
Fire Chief
FAX: (213) 581 -1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581 -1178
At their meeting held April 8, 1997, the City Council approved
Resolution No. 6937 declaring its intention to grant a Franchise to
Pacific Pipeline System, Inc. As a responsible agency, the City has
considered the adequacy of the Final EIR /EIS in order to approve
Findings and a Statement of Overriding Considerations. Pacific
Pipeline System, Inc. will pay annually a fee of $406 which will be
escalated annually based on the Consumer Price Index.
This has been reviewed by the Director of Community Services, and it
is hereby recommended that the attached Findings and Statement of
Overriding Considerations be approved and the Franchise Agreement be
approved and executed.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM /hr
May 1, 1997
L -5
TO:
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson, of Community
Services & Water
SUBJECT: FRANCHISE ORDINANCE
PACIFIC PIPELINE SYSTEM
Pacific Pipeline System, Inc. is proposing to install a 20"
insulated oil pipeline and associated fiber optics cable from
Kern County to the Los Angeles area refineries. Approximately
375 feet of the pipeline will be within the City of Vernon in
Alameda Street just south of 25th Street.
I have reviewed the EIR and EIS prepared for this project
and I am of the opinion that the documents address potential
impacts and have adequately mitigated any potential concerns that
the City of Vernon may have. A Franchise Ordinance for the
installation, operation and maintenance of this pipeline and
fiber optics cable has been prepared by the City Attorney's
office. A public hearing has been set for May 6, 1997.
Pacific Pipeline System, Inc. have submitted a check in the
amount of $406.00 to cover the first year's franchise fee and the
Insurance and Performance Bond as required in the ordinance.
The insurance has been forwarded to Risk Management for approval.
It is recommended that the City Council approve the Findings
and Statement of Overiding Considerations, and the Franchise
Ordinance.
/Ps
Attachments
cc: City Attorney
Finance
PACIFIC PIPELINE SYSTEM, INC. RECEIVED
APR 2 1 1997
Community Services
April 16, 1997
Samuel Kevin Wilson, Director of Community Services & Water
City of Vernon
4305 Santa Fe Avenue
Vernon, CFA 90058
Subject: Pipeline Franchise
Franchise Fee, Insurance and Bond
Dear Mr. Wilson:
Enclosed please find a check in the amount of $406.00 to cover the first year's
franchise fee as called for in Section 6 of the Franchise Ordinance.
Also enclosed is an Insurance Certificate in accordance with Section 8 and a
Performance Bond in accordance with Section 9.
Please let me know if any further information is needed at this time.
Sincerely,
27jC1e
TM R/nc
encl:
F: \WPWIN \MS WORD \FRANCH6Q. DOC
101 SOUTH FIRST STREET, SUITE 407, BURBANK, CALIFORNIA 91502 WO) 9R7-4737
PAY TO THE
ORDER OF
ROONEY ENGINEERING, INC.
(818)556- 2744
101 SOUTH FIRST ST., STE. 407
BURBANK, CA 91502
-----1-;"\-\./1. 0 )F \167
DATE4 /I r, 7
2053
91 -119
1221(1)
WELLS FARGO BANK
`dn DOLLARS
11'00205311' A:122LOLL9L1:0693 6574. 5u'
ROONEY ENGINEERING, INC.
NP
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS- IN PAYMENT OF ITEMS DESCRIBED BELOW.
IF NOT CORRECT PLEA., T60TfFY US PROMPTLY. NO RECEIPT DESIRED.
DELUXE FORM DVC -2 V -2
DATE
DESCRIPTION
AMOUNT
LJC.4.4 1,E
V -2
-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: (213) 581 -7924
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583 -8811
April 3, 1997
DAVID B. BREARLEY
—•. w aL.....�pV
LOUIS ROSENKRAN f Z
Police Chief
FAX: (213) 581 -1178
Pacific Pipeline System, Inc. has prepared an Environmental Impact
Report (EIR) and Environmental Impact Statement (EIS) for the 20"
insulated oil pipeline and associated fiber optics cable that will be
laid from Kern County to the Los Angeles area refineries.
Approximately 375 feet of the pipeline will be within the City of
Vernon in Alameda Street just south of 25th Street. The Director of
Community Services advises that the pipeline within Vernon, as
proposed, will not interfere with the proposed Alameda Corridor
construction.
The Director has reviewed the EIR and the EIS, and has submitted the
attached Findings and Statement of Overriding Considerations. The
Director advises that it is his opinion the documents address
potential impacts and have adequately mitigated any potential concerns
that the City may have. The City, in accordance with the CEQA, is
required to review the Final Environmental Impact Statement /Subsequent
Environmental Impact Report for the project.
In addition to the above, since the lines will be installed within the
City of Vernon in Alameda Street (375 feet) it is also recommended
that a Franchise Agreement be prepared by the City Attorney's office
and that a Public Hearing be set on May 6, 1997 to review the matter
of approving a Franchise Agreement by and between Pacific Pipeline
System, Inc. and the City of Vernon.
Very truly yours,`�``
Bruce V. Malkenhorst
City Clerk
Water
TO:
FROM:
April 3, 1997
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: PACIFIC PIPELINES FRANCHISE ORDINANCE
Pacific Pipelines Systems, Inc, is proposing to install a
20" insulated oil pipeline and associated fiber optics cable from
Kern County to the Los Angeles area refineries. Approximately
375 feet of the pipeline will be within the City of Vernon in
Alameda Street just south of 25th Street. The pipeline within
Vernon, as proposed, will not interfere with the proposed Alameda
Corridor construction.
The City Attorney's office has prepared a Franchise
Ordinance for the installation, operation and maintenance of the
pipeline and the fiber optics cable. A valve structure is
proposed in the median of Alameda Street. This valve structure
will be protected by two concrete barriers on either side with
City of Vernon etched into the markers.
As a responsible agency under CEQA, the City of Vernon is
required to review the Final Environmental Impact
Statement /Subsequent Environmental Impact Report for the Pacific
Pipeline, Inc.'s proposed pipeline project and approve the
findings and a statement of overiding considerations.
I have reviewed the EIR and EIS prepared for this project
and I am of the opinion that the documents address potential
impacts and have adequately mitigated any potential concerns that
the City of Vernon may have.
The City Council will need to adopt a resolution of
intention to approve the franchise and to set a public hearing
for May 6, 1997. The City Attorney will prepare the resolution.
The Final EIR will also be considered at the same hearing.
SKW:ps
Attachment
cc: City Attorney
3
4
5
6
7
8
9
10
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 6937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING ITS INTENTION TO GRANT A
FRANCHISE TO PACIFIC PIPELINE SYSTEM, INC. TO
INSTALL, MAINTAIN AND OPERATE A PRESSURIZED
STEEL PIPELINE AND APPURTENANCES IN AND UNDER
ALAMEDA STREET IN THE CITY OF VERNON, CALIFORNIA
WHEREAS, the City Council is authorized by City Charter
Section 8.9 to grant a franchise in the City of Vernon to any
person, firm, corporation, or other entity and to set terms
conditions, restrictions and limitations by ordinance; and
WHEREAS, Pacific Pipeline System, Inc. is a Delaware
corporation and a public utility transmitting and distributing
petroleum oil or products by means of pipes and appurtenances
subject to Section 6202 of the Public Utilities Code of the State
of California; and
WHEREAS, Pacific Pipeline System, Inc. has applied for a
franchise to place a twenty -inch (20 "), insulated, pressurized
steel pipeline under and in a portion of Alameda Street in the
City of Vernon and to transmit or distribute such petroleum oil or
products through it; and
WHEREAS, said pipeline will have an above - ground valve
located in the median strip of Alameda Avenue protected by
concrete barriers, and will include an associated fiber optics
cable to which the City of Vernon will have access; and
WHEREAS, California Public Utilities Code Section 6232
requires that the City Council adopt a resolution declaring its
intention to grant the franchise, stating the character of the
franchise, setting forth a notice of the day, hour, and place when
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and where all persons having any objection to the granting.thereof
may appear before the City Council and be heard thereon (which day
shall be not less than twenty nor more than sixty days after
passage of the resolution), and directing the City Clerk to
publish the notice at least once within fifteen days after the
passage of the resolution in a newspaper of general circulation;
and
WHEREAS, Pacific Pipeline System, Inc., will initially
pay an annual franchise fee for the pipeline in the amount of Two
Hundred Three Dollars and No Cents ($203.00) being the fee
established by California Public Utilities Code Section 6231.5,
and will pay a like amount for the privileges of installing and
maintaining the valve in the median strip and installing and
maintaining a fiber optic cable; for a total fee of Four Hundred
Six Dollars and No Cents ($406.00) per year; and
WHEREAS, California Public Utilities Code Section 6233
requires the notice of the public hearing to state the amount of
the annual franchise fee, to state that in the event payment of
such fee is not made, the franchise will be forfeited, and to
designate the term of the franchise; and
WHEREAS, as a responsible agency under the California
Environmental Quality Act (CEQA), the City of Vernon is required
to review the Final Environmental Impact Statement /Subsequent
Environmental Impact Report for the proposed pipeline project and
to approve the findings and a statement of overriding
considerations, and CEQA Guidelines Section 15202(b) recommends
that environmental review be included in the hearing on the
project.
-2-
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
declares its intention to adopt "An Ordinance of the City Council
of the City of Vernon Granting a Franchise to Pacific Pipeline
System, Inc. to Install, Maintain and Operate a Pressurized Steel
Pipeline and Appurtenances in and under Alameda Street in the City
of Vernon, California ", which Ordinance shall have a term of
twenty -five (25) years.
SECTION 3: The City Council of the City of Vernon hereby
sets a hearing on the adoption of said Ordinance on May 6, 1997,
at 5:00 p.m. in the City Council Chambers at 4305 Santa Fe Avenue,
Vernon, CA 90058 -0805, or at such time thereafter as the matter
may be heard.
SECTION 4: The City Council will consider the Final
Environmental Impact Statement /Subsequent Environmental Impact
Report and a Statement of Overriding Consideration at the same
hearing.
SECTION 5: The City Clerk is directed to publish a
notice containing the information required within fifteen (15)
days after the passage of this resolution in a newspaper of
general circulation.
-3-
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
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 8th day of April, 1997.
ATTEST:
s /Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
-4-
s /Leonis C. Malburg
LEONIS C. MALBURG, Mayor
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
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6937, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
duly held on Tuesday, April 8, 1997, and thereafter was duly
signed by the Mayor of the City of Vernon.
(SEAL)
s /Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
-5-
CITY OF VERNON
PACIFIC PIPELINE SYSTEM, INC.
PROPOSED PIPELINE PROJECT
FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR
THE ENVIRONMENTAL IMPACT REPORT
TABLE OF CONTENTS
Pag.e
FINDINGS 1
BACKGROUND 1
THE PROPOSED PIPELINE PROJECT 1
OBJECTIVES UNDERLYING THE PROJECT 2
THE ENVIRONMENTAL REVIEW PROCESS 3
IMPACTS AND MITIGATION MEASURES 5
Air Quality 5
Biological Resources 7
Cultural Resources 11
Environmental Contamination 17
Hydrology 19
Land Use and Public Recreation 20
Noise 22
Paleontology 24
Public Utilities and Energy 25
Socioeconomics and Public Services 27
System Safety and Risk of Upset 29
Transportation and Traffic 37
Visual Resources 40
Impacts on Minority Populations and Low- Income Populations 41
ALTERNATIVES 45
UNAVOIDABLE IMPACTS 45
STATEMENT OF OVERRIDING CONSIDERATIONS 45
CONCLUSION 46
FINDINGS
1. The City Council of Vernon (the "City Council ") hereby certifies that it has received,
reviewed and considered the following information which constitutes the Final
Environmental Impact Statement /Subsequent Environmental Impact Report (the "Final
EIS /SEIR ") for Pacific Pipeline System, Inc.'s ( "PPSI ") proposed pipeline project
(the "Project "): (a) Volume I of the Final EIS /SEIR consisting of the Final EIS /EIR
and revisions made based on comments and further environmental review; (b) Volume
II of the Final EIS /SEIR consisting of the comments to the Final EIS /EIR' and (c)
Volume III consisting of the appendices to the Final EIS /SEIR.
The City Council further certifies that it considered the Project's environmental
effects as set forth in the Final EIS /SEIR.
2. Having received, reviewed and considered the foregoing information, as well as all
other information in the record, the City Council hereby conditions the Project and
finds as follows:
BACKGROUND
3. PPSI proposes to build and operate a 132 -mile pipeline system transporting crude oil
from Kern County to the refineries in the Los Angeles Basin. The purpose of the
proposed Project is to transport crude oil produced in the Outer Continental Shelf
( "OCS ") offshore Santa Barbara County and in the San Joaquin Valley ( "SQV ") from
Ernidio in Kern County to existing Los Angeles area refineries. Almost all of
Southern California's refining capacity is located in the Los Angeles area Los
Angeles refineries require up to approximately one million barrels of oil per day to
meet the current demand for refined petroleum products such as gasoline, diesel and
fuel oil.
4. The current major source of crude oil used by Los Angeles refiners is from the
Northern Slope of Alaska ( "ANS Crude "), a field that has passed its peak production
and is expected to decline by 5 to 10 percent per year in the coming years.
Currently, OCS and SJV production is the only domestic source to augment the
decreasing supplies of ANS Crude.
5. The proposed project would respond to market forces in providing Los Angeles area
refiners with crude oil to augment the decrease in supply of ANS Crude and would
further both the national policy of reliance on domestic sources of energy.
THE PROPOSED PIPELINE PROJECT
6. The Project under consideration will receive both the Santa Barbara offshore crude oil
and the San Joaquin Valley crude oil and transport both types of crude from Kern
County to Los Angles area refineries.
PPSI - MITIGATION MEASURES
7. Construction of the proposed pipeline will take approximately 10 months. Five
separate groups of workers and equipment will install the proposed pipeline
simultaneously in different locations. The construction spreads would progress at an
average rate of 0.5 to 1 mile per day in open areas and 400 to 600 feet per day in
roadways and shoulders and in areas where construction will be constrained by
adjacent cut banks, steep slopes, or sensitive resources.
8. The proposed pipeline will be fully insulated; all oil heating for this Project will occur
at Texaco's Emidio Station and no heaters will be required south of Emidio Station.
All proposed pumps will be electrically- driven.
9. The proposed pipeline will operate from a central control facility in Los Angeles
county and will be equipped with a sophisticated communication system, including
fiber optics and a redundant satellite dish or second fiber optic system for back -up in
emergencies.
10. The proposed pipeline will be equipped with remotely controlled block valves that
could be shut down from the control center upon detection of any irregularities, and
can be automatically shut down in case of sustained power failure.
OBJECTIVES UNDERLYING THE PROJECT
11. In proposing the Project, PPSI outlined their objects as follows:
To provide a common carrier crude oil pipeline that can transport a substantial
portion of the SJV crude oil production that is currently shipped to Los Angles
refiners by other modes of transportation such as train or tanker.
• To transport the three distinctly different types of crude oil (i.e. heavy and
light SJV crude, and heavy, high sulfur OCS crude) in separate batches. If
this objective is met, it is more likely that the frequency of existing unit trains
and marine tankers used to transport crude oil to the Los Angeles basin could
be reduced.
To provide a common carrier crude oil pipeline that could transport portions of
the oil currently produced offshore Santa Barbara County (OCS crude) to
refiners in the Los Angeles are, where capabilities for refining this heavy,
high - sulfur oil and a significant demand for refined products exist. This
purpose is based on the need for additional pipeline capacity for heated crude
oil which has been, intensified by losing one of the pipelines in the same
corridor due to the 1994 Northridge Earthquake.
To route, design, construct, and operate a state -of- the -art pipeline in full
compliance with all local, State, and Federal rules and regulations in a manner
which avoids or minimizes the impacts to environmental resources to the
PPSI - MITIGATION MEASURES
maximum extent feasible and poses no significant risks to public health and
welfare.
• To minimize the potential need for marine tanker, train, and truck
transportation of OCS and SJV crude, in accordance with many governmental
agency policies that favor the pipeline transportation mode.
• To offer economically feasible regulated common carrier crude oil
transportation service to producers who intend to send their crude oil to
refineries in Los Angeles, based on market demands and the technical
capabilities of these refineries.
THE ENVIRONMENTAL REVIEW PROCESS
12. On October 10, 1991, PPSI filed an application with the CPUC for a pipeline project
( "Original Project "). The Original Project, as proposed at that time, was a 171 -mile
long, 20 -inch insulated pipeline with the capacity to transport 130,000 barrels per day
("BPD") of crude oil produced in Santa Barbara and Ventura Counties (mostly
produced off- shore).
13. A Final Environmental Impact Report ( "FEIR ") was completed on the Original
Project and certified in September 1993 by CPUC as the Lead Agency. The FEIR.
indicated that, in CPUC's view, the EIR had adequately identified the potential
impacts of the Original Project. However, PPSI announced certain changes after
certification of the FEIR and no decision was made on the Original Project application
by CPUC.
14. The pipeline route has been revised since it was originally proposed in 1991. In
1994, PPSI filed revised its pipeline application to the CPUC and filed a new
application to the U.S.D.A. Forest Service, Angeles National Forest, which
incorporated the revised pipeline project route.
15. Because much of the pipeline route would not change, a Subsequent Environmental
Impact Report was prepared to analyze the new aspects of the project. In addition,
because the new route would pass through Federal land in the Angeles National
Forest ( "ANF "), an Environmental Impact Statement was also required.
16. CPUC is the Lead Agency under the California Environmental Quality Act
( "CEQA "). ANF is the Lead Agency under the National Environmental Policy Act
( "NEPA ").
17. In accordance with the CEQA and NEPA Guidelines, a Notice of Preparation and a
Notice of Intent were mailed to approximately 2,500 parties.
18. Four scoping meetings were held in June 1994, and a report was prepared to
summarize issues and concerns. A public meeting was held in Palmdale, California
3
PPSI MITIGATION MEASURES
in November 1994. In addition, four newsletters were mailed to the project mailing
list and to repository sites and a multi - language telephone hotline was established to
provide recorded project information and to take requests for documents.
19. Community leaders in minority communities and low- income communities along the
proposed pipeline route were informed about the Project.
20. A Notice of Release of the Draft EIS /SEIR was sent to 14,000 property owners along
the proposed route.
21. Information workshops were held in 6 locations in May 1995 and public hearings
were held in 5 locations in June 1995.
22. All relevant documents were deposited into 12 repository sites established along the
proposed route. In addition, 33 libraries received copies of the Draft EIS /SEIR.
23. A 60 -day public review period for the Draft EIS /SEIR ended on June 19, 1995.
Comments were submitted by numerous agencies, groups, and individuals.
24. The CPUC and ANF evaluated all oral and written comments received during the
noticed comment period and prepared written responses. The responses are contained
in the Final EIS /SEIR. The Final EIS /SEIR was issued in January 1996.
25. The Final EIR /EIS analyzes the environmental impacts of the Project construction,
operation and abandonment. It focuses on impacts to residential, commercial,
recreational and industrial land uses, as well as traffic congestion and access
restrictions, noise level increases, risk of oil spills and associated impacts and
geological hazards. The Final EIR /EIS analyzes both Project and cumulative impacts
and proposes Project- specific and cumulative mitigation measures where feasible.
26. The Draft EIR /EIS proposed numerous mitigation measures to address Project impacts
in a variety of areas. As a result of the public review process and comments received
on the Draft EIR /EIS, many mitigation measures were revised and several new
mitigation measures were added.
27. The Lead Agency has the responsibility for considering individual and collective
effects of all activities involved in the Project. The CPUC and ANF, as the lead
agencies, have made such findings with respect to all significant impacts of the
Project.
28. The City Council has determined that in the period of time following the approval of
the Project and the making of findings by CPUC and ANF:
(a) No subsequent changes have been proposed in the Project which would require
important revisions of the Final EIS /SEIR due to the involvement of new
significant environmental impacts not considered in the Final EIS /SEIR;
4
PPSI - MITIGATION MEASURES
(b) No substantial changes have occurred with respect to the circumstances under
which the Project is to be undertaken which would require important revisions
in the Final EIS /SEIR due to the involvement of new significant environmental
impacts not covered in the Final EIS /SEIR; and
(c) No new information of substantial importance to the Project has become
available.
Consequently, the City Council does not need to prepare an additional EIS /SEIR, but
can instead rely on the Final EIS /SEIR certified by the CPUC and ANF.
29. Section 21002.1 of CEQA requires a responsible agency to consider only the effects
of the activities involved in the Project over which such agency is required by law to
carry out or approve. With respect to each of these impacts, the City Council can
only require the implementation of mitigation measures when it has the jurisdiction to
require such mitigation. The jurisdiction to require the implementation of several
mitigation measures lies with agencies other than the City Council.
30. Section 21081.6 of CEQA requires a public agency to adopt a monitoring program for
the changes to the project and conditions of approval which that agency has adopted.
In compliance with that requirement, the City Council hereby adopts the Monitoring
Plan for this project, described in Section C.5.6 of the Final EIS /SEIR. This
monitoring program has been designed to ensure compliance during project
implementation by designating responsible agencies to monitor each identified impact
of the project. The City Council is specifically responsible for monitoring compliance
with mitigation measures adopted below with respect to each significant impact within
its jurisdiction.
31. The Final EIS /SEIR also analyzes alternatives to the proposed Project. Specific
alternatives analyzed include different pipeline route variations and a "no project"
option. As a result of the public review process and comments received on the Draft
EIS /SEIR some alternatives were revised and several new alternatives were added in
the Final EIS /SEIR.
32. IMPACTS AND MITIGATION MEASURES
AIR QUALITY
The air basins along the Proposed Project route are currently in violation of Ozone (03) and
fine particulate (PM10) air quality ,standards. The Proposed Project would generate
considerable amounts of pollutant emissions from construction equipment over a period of
approximately ten months. The Applicant has proposed a number of emission control
measures for construction equipment to reduce emissions to the maximum feasible extent.
Operational emissions in Kern County could exacerbate the existing exceedances of ozone
standards, creating a significant (Class II) impact that can be mitigated by installing Best
5
PPSI - MITIGATION MEASURES
Available Control Technology on gas -fired heaters, encouraging ride share programs, and
implementing emission offsets. Emissions would also occur at electric power generation
plants to power the pipeline pumps. This impact would be less than significant (Class III)
under all normal conditions.
The Proposed Project could potentially reduce or eliminate the use of unit trains, tanker
trucks, and some marine tankers in the transport of SJV and OCS crude oil to refineries in
the Los Angeles area The elimination of these existing modes of transportation would result
in substantial reductions of emissions of criteria and toxic air pollutants and would be a
beneficial air quality impact (Class IV). The potential emission reductions associated with
the elimination of trains and trucks occurs mostly in the same area affected by the pipeline
project.
A -1 Apply water sprays to all disturbed active construction areas a minimum of two
times per day, except when soil water content exceeds the level recommended
by the soils engineer for compaction or when weather conditions warrant a
reduction in water application. Additionally, adequate dust control shall be used
to keep fugitive dust from being transmitted outside of the ROW or property
boundaries. Increase dust control watering beyond the level proposed by the
Applicant when wind speeds exceed 15 miles per hour. The amount of
additional watering would depend upon soil moisture content at the time. Cease
excavation and grading work when sustained wind speeds exceed 30 mph.
A -2 Confine construction activities to the ROW whenever possible and minimize the
disturbed area (see also Transportation, Section C.14).
A -3 Any disturbed area that is not covered with a foundation or paving within 14
days after completion of disturbing activities shall be stabilized using soil
coating mulch, dust palliatives, compaction, reseeding, or other approved
methods. Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation. Trucked soil loads shall
be covered in transit.
A -4* Install catalytic converters on gasoline- powered equipment (previously A -6).
A -4 Use alternatively fueled vehicles (methanol, natural gas, electricity) for
transporting workers to and from work sites.
A -5 Incorporate into the Transportation Management Plan (Mitigation Measure T -5
in Section C.14) measures that reduce pollutant emissions. For example,
schedule truck trips outside peak traffic hours.
A -7 Project truck drivers shall be instructed to not leave their engines idling for
more than two minutes. Spot checks shall periodically be performed as part of
the Mitigation Monitoring Program to verify success.
6
PPSI - MITIGATION MEASURES
A -8 Streets shall be swept manually or with water sweepers at the end of the day if
visible soil material is carried onto adjacent public paved roads. Reclaimed
water shall be used with the water sweepers. (CEQA Air Quality Handbook,
1993).
A -10 Traffic speeds on all unpaved roads shall be reduced to 15 mph or less (CEQA
Air Quality Handbook, 1993). Restrict truck speeds to 5 mph or less within
100 feet of the entrance to a paved road.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The South Coast
Air Quality Management District has the authority to require that Pacific implement the
above mitigation measures within the City of Vernon, and the City Council hereby
incorporates these measures into the Project.
BIOLOGICAL RESOURCES
Approximately 30 miles of the proposed pipeline route (from Emidio to Castaic Junction) are
within existing roads and road shoulders, where biological impacts would be minimal. Most
of the remaining 32 miles are within or overlapping previously cleared oil pipeline and utility
corridors, or in disturbed habitats adjacent to roadways. Permanent facilities would occupy
approximately 5 acres of disturbed habitat. Pipeline construction would re- disturb
approximately 145 acres of chaparral, coastal scrub, and grassland habitats, and roughly 5 -8
acres of riparian habitat, within recently disturbed oil pipeline and utility ROWs. An
additional 34 acres of previously uncleared chaparral and coastal sage scrub, and about 4 -5
acres of riparian vegetation adjacent to these corridors would also be cleared for pipeline
construction. Remaining areas of construction across open land, mostly grassland, amount to
approximately 45 acres. Construction impacts on vegetation are generally mitigable
(Class II) through avoidance of sensitive plant species' habitats and native specimen trees,
topsoil salvage and replacement, site- specific erosion controls, use of appropriate seed mixes
in revegetation, enforcement of monitoring and performance criteria, and coordinated
mitigation efforts with other users of the same utility corridors, in addition to Applicant -
proposed habitat restoration measures. These measures would also mitigate potentially
significant losses of wildlife habitat.
The Proposed Project would cross 58 perennial or intermittent streams of potential concern to
biological resources, disturbing native vegetation and wildlife. It may have both direct and
indirect impacts on aquatic habitats and biota in the drainages crossed.. Throughout the
route, erosion and sedimentation impacts caused by construction could have significant
(Class II) impacts on sensitive aquatic resources, plants, and animals downslope from the
Proposed Project route. Impacts would be mitigable through refinement and effective
implementation of the Applicant's Erosion Control, Revegetation, and the Landscaping Plan,
implementation of erosion and sediment control measures at stream crossings; and
construction timing so that perennial streams would be crossed during periods of minimal
flow and intermittent streams would be crossed when no water is present.
PPSI - MITIGATION MEASURES
B -V -3 Prior to construction, site- specific short- and long -term erosion control measures
to be implemented along each portion of the ROW, especially in sensitive areas
like West Liebre Gulch, shall be depicted on project construction plans and in
PPSI's Erosion Control, Revegetation, and Landscaping Plan (LWRC, 1994a).
These plans shall address all drainage crossings as well as areas of steep
topography. These plans shall detail the installation of structures or materials as
necessary to prevent the erosion and transport of sediment from the construction
ROW into off -ROW areas. USDA Forest Service Best Management Practices
shall be implemented to control erosion and protect water quality on National
Forest lands. Implementation of this measure during construction shall be
verified by 'a qualified specialist acceptable to the CPUC and the ANF, CDFG,
or other jurisdiction, as applicable.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of this measure will substantially mitigate any impacts described above. The Corps of
Engineers and California Department of Fish and Game have the authority to require that
Pacific implement the above mitigation measure within the City of Vernon and the City
Council hereby incorporates this measure into the Project.
B -V -4 Prior to construction, PPSI's Erosion Control, Revegetation, and Landscaping
Plan shall be revised to specify and plan, by milepost, the seed mixes and their
collection and methods of application to be used in revegetation. Each seed mix
shall consist of native species collected from natural stands of native vegetation
immediately adjacent to the pipeline route. The seed must be handled and
applied properly to assure germination, with appropriate follow -up care to
assure re- establishment. Along roadsides, the landowner or managing agency
may approve alternative mixes or impose its own requirements for revegetation.
B -V -3* Replace any trees removed or damaged as a result of project construction and
operations in accordance with local jurisdictional requirements. At a minimum,
the following shall be implemented, subject to approval by the affected
jurisdictions.
(a) Identify on ROW maps and enumerate (in conjunction with measure B -V -2),
all native specimen trees (greater than 6 inches dbh) and oaks greater than 4 feet
in height or larger than one inch dbh within and bordering the proposed ROW.
Monitoring during and immediately after construction shall establish the extent
of damage, if any, to oaks and native specimen trees. Trees severely damaged
or destroyed by the project shall be replaced, within the legal SPRR ROW or at
other locations acceptable to the CPUC and local jurisdictions, at a minimum
ratio of 10 vigorous saplings, which have survived at least 5 years in the ground
and are capable of surviving without further maintenance, for each specimen
tree removed.
(b) Alternatively, transplanting may be used to mitigate potential tree losses,
subject to the acceptance of the transplant location by the CPUC and local
PPSI - MITIGATION MEASURES
B -V -4*
jurisdiction, and the same '5-year monitoring and maintenance requirements.
Prior to construction, replanting sites sufficient to accommodate all foreseeable
losses of trees shall be specified in the Applicant's Erosion Control,
Revegetation, and Landscaping Plan.
Revise and implement the Applicant's Erosion Control, Revegetation, and
Landscaping Plan. The plan describes a series of erosion control measures that
may be used at the discretion of the construction -phase environmental
supervisors working for Pacific Pipeline. After review and approval by
appropriate agencies and affected jurisdictions, and prior to construction, these
measures shall be finalized on construction drawings for all portions of the
Proposed Project. Field improvisations of these approved measures would not
be permitted without the written approval from CPUC and the affected
jurisdictions which could be provided by an authorized onsite representative of
these agencies. Construction across all intermittent to perennial stream channels
shall occur during, seasonal periods of low flow (May to November).
B -V -5 Prior to construction, PPSI's Erosion Control, Revegetation, and Landscaping
Plan shall be revised to incorporate monitoring procedures and minimum
performance criteria to be satisfied for erosion control and revegetation.
Appropriate remedial measures are to be identified if performance criteria are
not met. [In addition, PPSI shall post a performance security with the CPUC
and ANF, the refunding of which shall be linked to the attainment of these
performance criteria. The amount of the performance security shall be
determined by the CPUC and ANF in consultation with affected landowners
and managing agencies and will be commensurate with the estimated costs of the
mitigation.]
B -V -6 Prior to operation of the pipeline, PPSI's Oil Spill Contingency Plan (see
System Safety Mitigation Measure SS -13) shall incorporate site - specific
measures to protect sensitive species and habitats from oil spill damage, to
minimize damage from response and repair operations, and to restore native
plant and animal communities to prespill conditions. Equipment storage areas
and mobilization procedures for each portion of the pipeline shall be described.
Emergency diversion and containment measures to minimize the flow of oil into
colonies of sensitive plant species shall be developed to protect the Bakersfield
cactus at EMP 7 and Peirson's morning -glory at EMP 52 -54, and at any other
locations where sensitive plant species are discovered in pre- construction
surveys. Non - destructive cleanup and restoration procedures shall also be
described for these areas. Habitat restoration procedures in all areas shall be
consistent with mitigation measures B -V -1 through B -V -5.
B -V -7 As part of PPSI's Erosion Control, Revegetation, and Landscaping and Oil Spill
Contingency Plans, PPSI shall include a section describing the coordination and
integration of PPSI's mitigation measures with the construction, routine
maintenance, and emergency procedures of other operators sharing common
PPSI - MITIGATION MEASURES
B -V -9*
corridors with PPSI. PPSI shall identify any circumstances where another
operator's practices may constrain mitigation effectiveness, and, prior to
construction, shall negotiate agreements regarding maintenance and emergency
procedures to be implemented in these shared areas.
Implement all mitigation measures applicable to construction for vegetation or
ground - disturbing activities associated with pipeline inspection, maintenance,
repair, or pipeline modification during operations. To the extent feasible, these
measures shall also be implemented pursuant to habitat restoration in the event
of an oil spill.
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of these measures will substantially mitigate any impacts described above.
The City Council has authority to require that Pacific implement the above mitigation
measures within the City of-Vernon, and the City Council hereby incorporates these
measures into the Project.
B -W -11
The OSCP shall identify appropriately trained personnel and equipment to
respond to an oil spill pursuant to 40 CFR 194, Response Plans for Onshore
Pipelines. In addition, pursuant to Title 14 Subdivision 4 (Office of Oil Spill
Prevention and Response) of the California Department of Fish and Game
Government Code, the OSCP shall discuss procedures that clearly outline how
rehabilitation of oiled wildlife will be accomplished and assure by contract, or
other approved means, the equipment and personnel necessary to implement
these procedures. The OSCP shall incorporate wildlife contingency measures
into the OSCP including specifics of how to deal with oiled wildlife, both
terrestrial and aquatic; a List of names and telephone numbers of persons who
are expert in the rehabilitation of oiled wildlife; locations and response times of
facilities and persons for responding to oiled wildlife, creating facilities if
necessary; and providing for the ability to rehabilitate oiled wildlife over the
long term, if necessary.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of this measure will substantially mitigate any impacts described above. The CDFG has the
authority to require that Pacific implement the above mitigation measure within the City of
Vernon, and the City Council hereby incorporates this measure into the Project.
B-AQ-1
Environmental monitors acceptable to the CPUC and the ANF, CDFG, or other
jurisdictions, as applicable, shall be present during all earth moving activities
within streams, both ,perennial and intermittent. The monitors shall make sure
that the limits of the corridor are clearly marked and that all work remains
within these limits. The monitors shall also ensure that all construction
equipment maintenance, including refueling and lubrication, occurs at least 0.25
mile from the nearest stream or wetland. Turbidity in flowing streams shall be
monitored downstream of the crossings up to a distance of 1,000 feet or to the
point- where an increase can no longer be detected when compared to the
10
PPSI - MITIGATION MEASURES
B -AQ -2
B -AQ -4
B -AQ -5
turbidity samples taken immediately upstream of the corridor for comparison. If
increased turbidity extends farther downstream, the distance where turbidity is
still observable shall be noted (as access permits). When there is a measurable
difference between upstream and downstream turbidity, remedial measures as
appropriate, such as alteration of construction methods or installation of silt
fences or straw bales, shall be implemented. These measures shall be specified
in the Storm Water Pollution Prevention Plan, required by the Regional Water
Quality Control Board, to be reviewed and approved prior to construction, and
where applicable, any necessary U.S. Army Corps of Engineers Section 404
and /or CDFG Streambed Alteration Agreement requirements.
Complete construction through or over all streams during the dry season
(normally May through October) and prior to 1 November, including backfilling
and soil stabilization. Revegetation work and emergency maintenance /repairs
can occur after 1 November, as needed.
Remove all temporary fords and culverts placed in drainages for construction
access as soon as no longer needed for that purpose. The streambed and banks
shall be restored to their previous condition (slope, substrate type, and soil
compaction) during the dry season (normally May through October) and prior to
1 November unless for emergency repairs. Compaction to 95 percent of pre -
project density, where feasible, is generally considered sufficient to avoid lateral
erosion problems. .This measure applies to construction and to repairs within
streams.
Include in the Oil Spill Contingency Plan (System Safety Mitigation Measure
SS -9) measures to minimize impacts on stream habitats from cleanup activities
and for restoration of the bed and banks where altered by these activities. Site-
specific measures shall be included to reduce impacts in sensitive habitats such
as the Santa Clara River and the Los Angeles Harbor area.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The Corps of
Engineers, Regional Water Quality Control Board, California Department of Fish and Game,
and /or the U.S. Fish and Wildlife Service have the authority to require that Pacific
implement the above mitigation measures within the City of Vernon, and the City Council
hereby incorporates these measures into the Project.
CULTURAL RESOURCES
Cultural resources include - prehistoric and historic sites, structures, regional districts, or other
physical evidence associated with hum an activity. A total of eight prehistoric and two
historic resources within the pipeline ROW could be disturbed by construction. Potentially
buried sites may also be located beneath heavily vegetated areas or areas of eroded sediment
(alluvium) where the prehistoric ground surface is not visible.
11
PPSI - MITIGATION MEASURES
The significance of the sites within the ROW has not been fully evaluated. In the absence of
definitive data from excavation, impacts associated with pipeline construction are considered
potentially significant but mitigable (Class II). A Cultural Resources Management Plan
(CRMP) and Programmatic Agreement (PA) are being developed pursuant to Federal, State,
and local guidelines which shall coordinate treatment of the unavoidably impacted resources
including significance testing and data recovery, if necessary.
Physical impacts on prehistoric archaeological sites are also considered an adverse effect on
Native American values. These sites are sacred to these peoples. Besides the archaeological
sites, grasses and herbs used by contemporary Native Americans could be disturbed by
pipeline construction. These impacts on Native American values are considered significant
but mitigable (Class II).
C -1
Prior to project construction, the Applicant shall develop a Cultural Resources
Management Plan (CRMP), subject to CPUC and ANF approval, which shall
address the treatment of all cultural resources and sensitive areas identified in
Phase 1 investigations. This Plan shall address potential impacts on
archaeological sites and historic resources (e.g., consideration of the
construction, operation/maintenance, and traffic impacts on the historic Old
Ridge Route). A qualified archaeologist, approved by CPUC and ANF, shall
prepare the plan. Appropriate treatment of each resource including potential
avoidance, significance testing, and data recovery shall be included. The
CRMP shall be developed pursuant to all relevant city, county, and State
cultural resource guidelines and criteria and it shall stipulate the requirements of
all mitigation measures listed below. This plan shall be developed so that it can
form the basis of a subsequent Programmatic Agreement (PA) pursuant to
Section 106 of the National Historic Preservation Act (NHPA) and its
implementing guidelines (36 CFR 800) required by Federal permit from the
ANF, and any other Federal responsible agencies (e.g., U.S. Army Corps of
Engineers [COE]).
To fulfill its responsibilities under Section 106, the ANF, in consultation with
the State Historic Preservation Office (SHPO) and the Advisory Council on
Historic Preservation (ACHP), has agreed to develop a PA that shall stipulate
the requirements of all future archaeological and historical investigations
associated with the project, including but not necessarily limited to those
mitigation measures described below. The PA would be a legally binding
document that commits all signatories, including the ANF, COE, the SHPO, the
ACHP, and the Applicant, to comply with its stipulations. The Applicant would
be able to receive its' needed Section 404 Permit from the COE and permits
from the ANF only after the PA has been developed and signed. Affected
jurisdictions and Native American groups would be consulted in the
development of the PA.
C -2 The Applicant, utilizing the services of a qualified archaeologist approved by
CPUC and ANF, shall perform a Phase 1 archaeological survey for all areas not
12
PI'SI - MITIGATION MEASURES
previously defined and not surveyed including areas to be designated on final
engineering plans such as pump stations, receiving stations, staging areas, points
of ingress /egress, or any locations where corridor width exceeds 50 feet. The
investigations shall be conducted by a qualified and approved archaeologist with
experience in local archaeology pursuant to relevant Federal, State, and county
standards and guidelines. The archaeologist shall be accompanied by a Native
American surveyor trained in recognizing archaeological sites. If an
archaeological site is found, a qualified archaeologist shall determine the depth
and significance of the resource and the specific impacts of the proposed
project. If the resource cannot be avoided, an archaeological testing program to
determine site significance shall be conducted. If the site is significant, a
mitigation plan reviewed and approved by the appropriate jurisdictions shall be
carried out.
C -3 Prior to commencement of grading, the Applicant shall revise the alignment to
the extent feasible to avoid all archaeological sites by at least 50 feet without
exacerbating other environmental impacts. Sites near the alignment shall be
fenced to prevent accidental disturbance during construction.
C -4*
The Applicant, utilizing the services of a qualified archaeologist approved by
CPUC, shall conduct, prior to final project design approval, additional
subsurface Phase 1 survey supplementing Applicant - generated work pursuant to
relevant county cultural resource guidelines of high prehistoric sensitivity areas
where original Phase 1 results were affected by poor surface visibility resulting
from developed surfaces (pavement, landscaping), extensive vegetation cover,
and /or potential alluviation (floodplains of streams, creeks, or rivers). The high
sensitivity survey areas shall be based on the distribution of recorded
archaeological sites and presence of similar topographic characteristics and shall
be selected by the qualified archaeologist pursuant to relevant county cultural
resource guidelines in consultation with Local archaeologists, agency officials,
and local Native Americans. The subsurface survey shall determine the depth of
deposits to determine if the resources are avoidable by project redesign. If not
feasibly avoided, a Phase 2 significance assessment of the resource shall be
conducted (see Mitigation Measure C -6 below) pursuant to federal, state, and
local regulations and guidelines. If significant resources are identified during
the Phase 2 program, they shall be subject to Phase 3 data recovery mitigation
pursuant to the CRMP and PA (see Mitigation Measure C -7 below).
C -5 Monitor all construction within 200 feet of archaeological sites and sensitive
areas. The monitoring shall be performed by a qualified archeologist, approved
by CPUC and ANF, and a Native American observer (as proposed by the
Applicant; see Section C.4.2.2.3). The monitoring shall be consistent with
relevant Federal, State, and local guidelines in case archaeological remains are
discovered. If previously unrecorded cultural resources are discovered during
any phase of construction within or outside of these areas, the monitors shall
temporarily redirect construction to other areas and shall evaluate the resource's
13
PPSI - MITIGATION MEASURES
significance. For areas within the ANF, the ANF archaeologist shall be
consulted to determine appropriate methods for assessing site significance (Phase
2 program). For areas outside the ANF, the ANF archaeologist shall be
contacted. If the remains are significant, Phase 3 data collection, excavations,
or other standard archaeological or historic procedures shall be implemented to
mitigate impacts pursuant to ANF archaeologist direction.
C -6 Perform Phase 2 archaeological testing if Phase 1 investigations identify any
archaeological site that may be affected by the project, and the resources are not
feasibly avoidable. The site's significance within the area of potential impact
shall be assessed prior to any final project design approval pursuant to relevant
cultural resource regulations and guidelines. Basic scientific data required for
an evaluation of significance shall be obtained through test excavations designed
to determine:
• The vertical and horizontal extent of the deposit
• The structure of the deposit in terms of cultural stratigraphy, features,
burials, etc
• The density and diversity of artifacts and ecofacts in the deposit
• The nature and extent of previous disturbance
• Disturbance - related limitations of the data
• Research questions that may be addressed by analysis of the site
• Age of site occupation or occupations.
A testing program and site evaluation shall be conducted in accordance with the
applicable Federal, State, and local archaeological guidelines and shall address
the questions contained in local guidelines and the SHPO checklists. All
excavated non- burial related artifacts and associated documentation shall be
curated at a local facility meeting local, State, and Federal requirements and
guidelines.
C -7 If Phase 2 investigations determine that a significant archaeological site shall be
affected by the project and if avoiding or filling over the surface of the
archaeological site is not possible, the Applicant shall conduct Phase 3
archaeological data recovery investigations.
Phase 3 investigations shall be conducted in accordance with applicable county,
State, and Federal regulations and consistent with the requirements of the CPUC
and ANF. The Applicant shall facilitate coordination and compliance with the
CPUC, ANF, local agencies, the SHPO, the Advisory Council on Historic
Preservation, and the U.S. Army Corps of Engineers. Coordination shall
include review and approval of a site- specific mitigation plan by local, State,
and Federal agencies before any archaeological mitigation or construction
begins.
14
PPSI - MITIGATION MEASURES
A data recovery plan, including a site- specific research design, shall be
developed, reviewed, and approved by relevant jurisdictions specified in the
CRMP Mitigation Measure C -1. The plan shall be implemented before any
archaeological work or construction work, including grading and brush removal,
begins in the vicinity of the affected archaeological site. The research design
shall describe the following for each affected site:
• The significance of the site, as defined by historic contexts based on
local research questions
•
Theoretical bases of the research that is planned; regional and site -
specific research topics and questions to be addressed through
implementation of the mitigation plan, with reference to relevant
research questions
Specific types of data required to address each research topic and
question; the sample size required for each type of data; methods and
techniques planned to obtain data in the field
• Laboratory and analytic procedures necessary to link raw data with the
research questions; the logic to be used in interpreting the data
. How the data will be compared both qualitatively and quantitatively
with data from previous studies addressing the same research issues.
All excavated artifacts and associated documentation shall be curated at a local
facility meeting local, State, and Federal requirements and guidelines.
The mitigation plan shall describe a program and process for monitoring
construction activities in the vicinity of known sites, if any, and for treating
emergency discoveries of previously unknown cultural resources.
C -8 A qualified archaeologist approved by the CPUC and ANF shall review and
approve any erosion control and revegetation programs in the vicinity of a
known significant site, and shall monitor implementation of these mechanisms.
C -9 Conduct an educational workshop, coordinated by an archaeologist and Native
American representatives, and include potential Native American monitors
approved by CPUC and ANF to make construction workers aware of the
prohibited activities,. including vehicle use and unauthorized collecting of
artifacts, that can result in impacts on cultural resources. The workshop shall
provide instruction on cultural resource identification and identify a process for
contacting archaeologists and Native Americans to evaluate unknown finds
pursuant to Mitigation Measure C -4. Workers shall not be allowed in the
project area during off - hours. This workshop may be coordinated with other
workshops or training required for construction workers.
15
PPSI - MITIGATION MEASURES
C -10 An archaeologist and Native American observer, approved by CPUC and ANF
shall participate in the design and review of the Oil Spill Contingency Plan
(OSCP) and implementing cleanup measures as contained in Mitigation Measure
SS -13, Oil Spill Contingency Plan.
C -12 As proposed in the Applicant's Project Description, the Applicant, under
direction by CPUC and ANF, shall incorporate appropriate Native American
input and participation for all project - related activities that would disturb the
surface or subsurface constituents of an archaeological site. A good- faith effort,
to be evaluated by the CPUC /ANF, shall be made to involve as many trained
and interested local Native American groups and individuals in consulting on
impacts and mitigations and construction monitoring as possible. Qualifications
for Applicant- proposed monitors shall be as specified in written documents such
as NAHC Guidelines for Monitors /Consultants (1989), and city or county
agency cultural resource guidelines. Native Americans shall be consulted on
any archaeological work performed.
C -13 The Applicant shall provide for curation of non - burial related artifacts recovered
outside the ANF at a local, qualified facility that ensures access to artifacts by
Native Americans. An agreement between the Native Americans and the
institutional facility shall be reviewed and approved by the CPUC, and relevant
county agencies prior to construction start -up. The Applicant shall acquire
rights to all artifacts recovered within the project ROW outside the ANF so that
appropriate curation is assured. All artifacts recovered within the ANF shall be
curated in a facility specified by the ANF.
C -14 The Applicant shall implement procedures specified in CEQA Appendix K,
Section VIII if human remains are discovered outside the. ANF. In addition,
security measures shall be implemented to ensure that burials are not vandalized
until the decision of burial deposition has been made pursuant to Section 7050.5,
Health and Safety Code and 5097.98 of the Public Resources Code. If burials
are identified within the ANF, the statutes of NAGPRA shall apply.
C -15 The Applicant shall avoid adverse impacts on oak trees and other plants of local
Native American concern used for crafts, medicinal practice, and food. Impacts
on other native plants of Native American concern shall be minimized by
providing access to Native Americans to collect herbs prior to construction, and
by relocating and revegetating grasses. Project biologists shall consult with
Native Americans to map the locations of important vegetation prior to
construction.
C -17 The Programmatic Agreement (PA) shall include a provision for a formula-
based funding program based on magnitude of impact on ethnic heritage values.
Under this program, the Applicant shall provide an agreed -upon level of funding
before construction and shall thereafter solicit proposals from Native American
16
PPSI - MITIGATION MEASURES
organizations affiliated with tribal lands impacted by the pipeline (e.g.,
Emigdiano and Castac Chumash, Tataviam, and Gabrielino) for educational
and /or cultural enhancement programs. Proposals received shall be reviewed by
the Applicant and one or more programs shall be provided with a reasonable
level of support after review and approval by the CPUC and ANF.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC,
COE, SHPO, and /or ACHP have the authority to require that Pacific implement the above
mitigation measures within the City of Vernon, and the City Council hereby incorporates
these measures into the Project.
ENVIRONMENTAL CONTAMINATION
A preliminary environmental assessment was undertaken to identify sites with known or
suspected contamination that would impact construction of the Proposed Project, utilizing
several databases and regulatory agency records. Contaminated sites were ranked according
to high, medium, and low potential to significantly impact the project by causing hazardous
waste in the ROW. Site rankings are based on proximity and physical separation from the
ROW, the nature of the site contamination, physical conditions at the site, and agency
priority ranking. Only five of the sites within 500 feet of the ROW were deemed significant
enough to assign a ranking, two were ranked as medium impact potential sites and three were
ranked as low impact potential sites.
Transport of contaminants to the ROW from medium potential sites would impact worker
health and safety or result in potential public exposure to hazardous materials during
construction and waste handling. Therefore, medium impact potential sites are classified as
significant, but mitigable (Class II) impacts.
Unknown contamination resulting from unauthorized disposal, residual pesticide and
herbicide levels in the soil, abandoned oil wells, undetected pipeline leaks, or other unknown
sources may be encountered anywhere along the project route. The presence of unknown
contamination is a Class II impact.
For the new refinery connections in the Los Angeles area, 15 sites were identified that have
the potential to produce contaminated soil or ground water along the Ultramar and Chemoil
Refinery Connections. Six sites were ranked as having a high potential to impact the
proposed alignments, three sites as having a medium potential, and six sites with low
potential. Transport of contaminants to the ROW from the high or medium impact potential
sites would result in a Class II impact.
The volume of contaminated soil encountered during construction of the Proposed Project
between Emidio and Castiac Junction and any approved or pending projects that coincide
with construction of the Proposed Project is expected to be very low.
17
PPSI - i\IITICATION MEASURES
EC -1
EC -2
EC -4
Low potential sites require re- evaluation if construction parameters (trench
location and depth) vary from typical (vertical excavation 7 feet deep, 3 feet
wide, 30 feet from centerline of existing road ROW). The Applicant shall ,
reevaluate "low" potential sites (as labeled in Table C.5 -4) to determine whether
they need to be reclassified as medium or high impact potential sites. A
qualified and approved environmental consultant (California registered geologist
or civil engineer experienced in environmental assessments and acceptable to
CPUC and ANF) shall perform the review and evaluation, and the results shall
be reviewed and approved by the appropriate County Health Department prior to
construction. The land owner or responsible public agency shall be informed of
the discovery of any hazardous site, and shall be consulted regarding treatment
plans. A written report explaining cleanup activities shall be provided to the
land owner within 30 days of completion of cleanup.
Thoroughly review current agency records followed by site - specific visual
inspection of the ROW by a qualified and approved environmental consultant for
"medium" potential sites (as labeled in Table C.5 -4). Record review shall
identify data confirming no off -site contamination of the ROW, adequate
remediation of the ROW or agency certified closure of the site. Visual
inspection of the surface and shallow subsurface (with the aid of a spade or
probe) should verify no evidence of off - site discharge, surface stains or
unauthorized dumping. Results of the record review or visual inspection that
indicate contamination is present in the ROW shall cause medium potential site
to be treated as high potential.
Also included as medium (and high) potential sites are four landfills near the
Ultramar Refinery connection. Although actual waste is not anticipated in the
construction area, Landfill gas migration to the trench should be evaluated. To
assess potentially hazardous levels of toxic or explosive gases (benzene, vinyl
chloride, methane) emanating from adjacent landfills, a qualified and approved
environmental consultant shall conduct a soil vapor survey along the potentially
impacted segment of the alignment. Results shall be reviewed and approved by
the County Health Department or California Department of Toxic Substances
Control (DTSC) prior to construction. Where potentially hazardous levels of
gas are identified, mitigation by gas monitoring by the consultant during
construction and aeration shall be performed. The soil vapor survey is not
necessary where the record review substantiates a gas free landfill perimeter
adjacent to the ROW.
The Applicant shall assign trained personnel during active trenching to observe
visual evidence of contamination and perform monitoring with appropriate
testing equipment (photoionization or flame ionization detectors), sampling and
direct laboratory testing as necessary to identify areas of previously unknown
soil contamination within the excavation. These personnel should meet the
Federal OSHA requirement for 40 -Hour Training for Hazardous Waste
18
PPSI - MITIGATION MEASURES
EC -6
EC -7
Operations and Emergency Response (29CFR1910.120) and be familiar with the
calibration and operation of the testing equipment.
The monitoring personnel shall have authority to implement an approved
contingency plan when hazardous materials are encountered. Contingency
plans, developed and approved by County Health Department or California
DTSC prior to construction, shall present specific alternatives for action to be
taken in the event contaminated soils are encountered. The plan shall specify
procedures for monitoring, identifying, handling and disposing of hazardous
waste, including contamination from unanticipated tanks or pipelines within the
excavation. The contingency plan shall include a health and safety plan
prepared by a certified Industrial Hygienist specifying site monitoring and
personal protective equipment.
Prior to trench excavation and pipeline construction, the Applicant shall contact
the California Department of Conservation, Division of Oil, Gas and
Geothermal Resources for specific information on wells located in or near the
pipeline route, including location and abandonment details. The Applicant shall
make a diligent effort to avoid construction over abandoned oil wells. If the
pipeline is located near (i.e., within 50 feet of the ROW) or over a plugged or
abandoned well or if an unrecorded well is encountered during construction, the
Applicant shall coordinate with the Division of Oil, Gas and Geothermal
Resources to ensure that the well is flagged for avoidance, correctly abandoned,
and does not require remedial plugging or the installation of a gas venting
system.
If local treatment facilities are impacted, the Project Proponent shall utilize
portable on -site treatment units or in- situ treatment prior to construction in order
to greatly reduce transport- and treatment- related cumulative impacts.
Applicable technologies such as chemical stabilization /fixation, thermal
combustion, vapor extraction or bioremediation can be selected based on site
specific conditions.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The California
EPA (as to measures EC -2 and 4), The Division of Oil and Gas (as to measure EC -6), and
the County of Los Angeles (as to measures EC -1 and 7) have the authority to require that
Pacific implement the above mitigation measures within the City of Vernon, and the City
Council hereby incorporates these measures into the Project.
HYDROLOGY
The proposed route would cross or pass adjacent to 62 streams or watercourses between
Emidio and Castiac Junction. Flood- related impacts could occur through diversions of flows
during construction or through channel alteration and direct obstruction of flows by the
19
PPSI - MITIGATION MEASURES
pipeline when placed on a bridge. These significant impacts (Class II) would be mitigated by
requiring minimum flow disturbance and channel alteration during and after construction.
Erosion and scour impacts (Class II) to the pipeline in stream crossings could result in
rupture of the pipeline and oil contamination of the stream, ground water, and riparian
habitat.
Design of individual stream crossings for the 100 -year flood throughout the pipeline is
considered to provide an acceptable level of protection at each crossing, except where such
crossings are located above water supply reservoirs. Construction- related water quality
impacts would be avoided by Applicant- proposed measures that would control erosion.
H -12 The Applicant shall develop measures, in coordination with the CPUC, ANF,
CDFG, and RWQCB, that would reduce the likelihood of pipeline rupture in
areas of shallow ground water. The pipeline shall be designed to prevent uplift
by the use of concrete coating (or other measures, if determined appropriate).
Such coating would also minimize the possibility that a third -party could damage
the pipeline.
H -13 The proposed pipeline shall be located at least 200 feet from any existing water
well. Depending on the geology of any particular well location, a greater
separation or special pipeline design features might be required. The Applicant
shall coordinate with the State Department of Health Services to locate these
wells and develop specific design requirements prior to construction.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The Department
of Health Services or The Regional Water Quality Control Board has the authority to require
that Pacific implement the above mitigation measures within the City of Vernon; and the City
Council hereby incorporates these measures into the Project.
LAND USE AND PUBLIC RECREATION
Construction at the ANF site of the proposed Whitaker Pressure Relief /Reduction Station
(Milepost 50.5) would potentially impact recreational uses at Paradise Ranch; this would be
significant (Class II), but would be short -term and limited to localized construction activities.
Construction disturbance to recreational uses in the National Forest would be adverse but not
significant (Class II) due to the low level of recreational use in the Forest area near the
pipeline. Agricultural uses would be impacted during construction by the potential
disturbance of agricultural piping associated with water delivery and drainage. This adverse
(Class II) impact can be mitigated by contacting agricultural owners as construction crews
approach to find the location of any pipelines and to ensure timely repairs if any pipes are
broken.
Adverse but not significant (Class II) impacts would affect residential land uses by temporary
disruptions of pubic services such as water, gas, and electricity, as well as disruptions of
20
PPSI - MITIGATION MEASURES
access roads within residential neighborhoods. These impacts can be reduced by informing
residences in advance of construction activities in their neighborhoods.
L -1
The Applicant shall give ample advance notice (one month) to potentially
affected property owners and tenants prior to construction of the pipeline.
Notice shall be provided by: 1) mailing notices to properties within 300 feet of
the ROW; 2) posting bulletins in neighborhoods that could be affected; and 3)
placing notices in local newspapers.
L -2 The Applicant shall notify residents at least two weeks in advance of lane
closures where access to residential areas may be restricted, and develop
alternative transportation routes. Further, normal access to residential areas
shall be restored at the end of the work day and throughout weekends.
L -3 The Applicant shall use a public liaison /contact person before, during, and after
construction through residential areas as the single -point contact and interface
between residents and construction crews. One contact person per spread shall
be provided and shall be available both in person and by phone for up to one
year after construction.
L -4 The Applicant shall schedule construction to avoid peak use periods (weekends,
holidays, and summer months between Memorial Day and Labor Day) at
recreational parks, if compatible with biological mitigation measures regarding
timing of construction. If not compatible with biological mitigation measures, at
a minimum, construction shall be avoided during weekends and holidays.
Provide onsite notification of recreational access closures at least two weeks in
advance, through the posting of signs and /or notices.
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of this these measures will substantially mitigate any impacts described
above. The City Council has authority to require that Pacific implement the above mitigation
measures within the City of Vernon, and the City Council hereby incorporates these
measures into the Project.
L -5 The Applicant shall contact agricultural owners at least two weeks prior to
arrival of construction crews, in order to arrange for their assistance in devising
alternative access and locating pipelines, and to ensure timely repair should a
breakage occur.
L -6 The Applicant shall limit construction hours where construction is located
adjacent to a'school. Limitations shall be based on hours of school operation,
time of year, and acoustical factors. If construction cannot be avoided during
school hours, the Applicant shall contact affected schools prior to the start of
project construction and verify daily school schedules. Construction should be
avoided adjacent to schools during hours of high school activity.
21
PPSI - MITIGATION MEASURES
L -7 The Applicant shall include in the Oil Spill Contingency Plan (OSCP) (see
Mitigation Measure SS -13) oil spill /fire emergency response procedures that
specifically address sensitive land uses to further reduce potential land use
impacts. These sensitive land uses include schools, residences, religious
facilities, recreational lands, and environmentally sensitive habitat areas.
Designated representatives of these nearby land uses shall be consulted during
preparation of this aspect of the OSCP.
L -8 The Applicant shall coordinate with affected agencies and proponents of
proposed projects within or adjacent to the ROW to minimize cumulative
construction effects and avoid preclusion of other planned land uses to the
maximum extent feasible. Said coordination shall take place during the final
design and permitting stages of the pipeline project and shall include, but not be
limited to:
• Provision of pipeline route and construction schedule to affected parties
• Coordination of construction activities with other construction projects
• Coordination of utility disruptions and road or lane closures.
L -9 In negotiating access for construction and operation, the Applicant shall disclose
all required mitigation measures that may affect the Right -of -Way or the
adjacent properties. The Applicant shall obtain a signed disclosure form from
each land owner whose property will be traversed by the. Proposed Project. The
Applicant shall submit a copy of all executed Mitigation Disclosure forms to the
CPUC prior to construction.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC or the
County of Los Angeles has the authority to require that Pacific implement the above
mitigation measures within the City of Vernon, and the City Council hereby incorporates
these measures into the Project.
NOISE
There are sensitive receptors (religious building and residences) in the community of Lebec
(Kern County) that are sufficiently close to the pipeline ROW that severe noise levels would
occur during construction (Class II). Other sensitive uses (residence and school) north of
Castaic Junction and along the proposed Los Angeles area refinery connection routes would
be exposed to less significant construction noise impacts due to greater background noise
levels, resulting in adverse but not significant noise impacts (Class III). A significant
construction noise level (Class II) was identified in the previous FEIR at five land uses south
of Castaic and three along the El Segundo branch. Noise impacts can be reduced by
prohibiting construction before 7:00 a.m. and after 7 :00 p.m., providing advance notice to
affected parties and tips on reducing noise effects, setting up a toll -free complaint line,
rescheduling construction if necessary, and assuring that vehicles have properly maintained
mufflers.
22
PPSI - MITIGATION MEASURES
Mitigation measure N -1 shall apply only to those areas identified in tables C.9 -9 and C.10-10
of the FEIR as having Severe Impact. Mitigation measure N -2 shall apply to the Sensitive
Receptors identified in those tables.
N -1
Conduct all construction activities involving motorized equipment between the
hours of 7 a.m. and 7 p.m. Monday through Saturday, or for a shorter period if
so stipulated in the applicable noise ordinance. Further restrict construction to
outside school hours where schools are located near the ROW and would be
impacted by construction noise. Incorporate these restrictions in all construction
plans and scheduling prior to construction. Compliance during planning and
construction is to be monitored by the city /county agency that enforces the noise
ordinance, by the Public Works Department, or by a CPUC /ANF- approved
construction monitor. This measure is to be overridden by transportation
measure T -3 where it conflicts with the provisions therein.
N -2 The Applicant /contractor shall provide 72 -hour advance notice to all sensitive
receptors identified as potentially subject to either some or severe noise impact
during. construction (see Tables; implement with L -1 through L -3). Notification
shall be by mail with telephone follow up. The announcement shall state where
and when construction will be scheduled in the subject's area. It shall further
provide tips on reducing noise intrusion, for example, by closing windows
facing the planned construction. The noticing shall also advise the recipient on
how to inform the Applicant /contractor if specific outdoor events are scheduled
so that construction can be rescheduled, if necessary, to avoid a conflict. A
reasonable deadline for notification shall be stated. Compliance is to be
monitored by a CPUC /ANF- approved construction monitor.
N -3 Establish an 800 telephone number for receiving complaints during construction
and develop procedures for responding to them. The number shall be included
in the mailed notification (Mitigation Measure N -2) and implemented with
Mitigation Measures L -1 through L -3.
N -4 Maintain proper mufflers on all internal combustion and vehicle engines used in
construction to reduce noise to the maximum feasible extent. A CPUC /ANF-
approved construction monitor shall see to compliance through periodic checks
of the equipment and its operation, or by making use of noise measurements
periodically over the complete construction schedule.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC has
the authority to require that Pacific implement the above mitigation measures within the City
of Vernon; and the City Council hereby incorporates these measures into the Project_
23
PPSI - MITIGATION MEASURES
PALEONTOLOGY
Paleontological resources are the fossil evidence of plant and animal remains over 11,000
years old that have been naturally preserved in rock or rock -like material. They are
normally found in cliffs, ledges, steep gullies, or badlands where a vertical profile can be
viewed. The Proposed Project ROW would encroach through a total of ten geological rock
units.
The potential of a given fossil to contribute to the understanding and interpretation of the past
is based on the specimen's quality, preservation, and relative uniqueness. All vertebrate
fossils, however, regardless of abundance, are considered highly significant. Therefore,
potential impacts on these resources related to pipeline construction are considered
significant, but feasibly mitigated (Class II).
PA -1
PA -2
PA -3
PA -4
Prior to construction, the Applicant shall develop a Paleontological Resources
Monitoring Plan (PRMP) for approval by the CPUC and Angeles National
Forest (ANF) which shall address the treatment of paleontological resources
discovered during pipeline construction. The PRMP shall be prepared by a
qualified paleontologist; it shall include procedures for significance testing and
data recovery. The PRMP shall defer to the Cultural Resources Monitoring
Plan (see Section C.4.2) if paleontological resources are found with
archaeological material.
A workshop shall be conducted by a professional vertebrate paleontologist
approved by the CPUC and ANF to explain to the contractor and construction
workers why vertebrate fossils are important and what they look like.
Construction workers shall not collect any fossils found during pipeline
construction activities before they can be assessed as to their significance. This
orientation may take place in conjunction with the Preconstruction Workshop
required in the Cultural Resources and Biological Resources Mitigation Plans.
All archaeological and construction monitors shall be briefed on the locations of
moderate to highly sensitive areas for paleontological resources. A copy of the
paleontological and sensitivity milepost table and a manual documenting the
paleontological monitoring procedures shall be provided to monitors as part of
the briefing.
If paleontological resources are found during construction, work shall be
redirected to another area nearby so that the find may be assessed for
significance. Construction monitors shall notify the pipeline company and the
onsite construction monitoring coordinator. As part of the monitoring
procedures, a vertebrate paleontologist approved by the CPUC and ANF with
regional experience shall then be contacted to assess the significance of the find
and to recommend additional mitigation measures if necessary. The
paleontologist shall be retained to perform inspection of the excavation and to
salvage exposed fossils. A standard sample (2.4 cubic meters) shall be
24
PPSI - MITIGATION MEASURES
PA -5
undertaken for identification of microvertebrates (rodents, birds, rabbits).
Monitors shall also determine whether the fossil is part of an archaeological
deposit. If it is found with archaeological material, it shall then be considered
to be a cultural resource discovery and treated according to the procedures
specified in the a Cultural Resource Monitoring Plan that shall be prepared prior
to construction (see Section C.4).
Preserve significant fossils (if found during construction), by removal, unless
this is not feasible. Due to the potential for rapid deterioration of exposed
surface fossils, preservation by avoidance is not an appropriate measure. In
cases where the fossil cannot be removed immediately, the fossil location shall
be stabilized to prevent further deterioration prior to data recovery under the
direction of a professional vertebrate paleontologist. These procedures shall be
included in the PRMP.
PA -6 For all fossils recovered during construction, a data recovery program shall be
undertaken that includes preparation of recovered specimens to a point of
identification, including screen washing fossiliferous sediment samples to
recover small to microscopic vertebrate fossils, preparation of large vertebrate
fossils recovered in plaster jackets, and analysis. The paleontological
monitoring, and salvage team shall include an expert in vertebrate paleontology.
A final report, including an itemized and assessed inventory of recovered
specimens, shall be prepared by a professional vertebrate paleontologist and
distributed to the appropriate lead agencies and museums. This report shall also
include any important megainvertebrate fossil localities and /or fossil plant
localities. These items and procedures shall be included in the PRMP.
PA -7 All fossil remains recovered during pipeline construction and operation activity
shall be curated at Applicant expense at a qualified research facility such as the
San Bernardino County Museum or Los Angeles County Museum of Natural
History. A Memorandum of Agreement (MOA) for curation between the
Applicant, landowner, and curation facility providing rights to these materials
for guaranteed future research access shall be reviewed and approved by the
CPUC and ANF, and by relevant counties prior to construction.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC has
the authority to require that Pacific implement the above mitigation measures within the City
of Vernon, and the City Council hereby incorporates these measures into the Project.
PUBLIC UTILITIES AND ENERGY
Utilities. The proposed pipeline would be installed parallel to numerous utility lines, such as
fiber optics, high pressure gas lines, and crude oil pipelines, throughout most of the route.
The Applicant would use Underground Service Alert to notify affected utility members of
25
PPSI - MITIGATION MEASURES
impending activity, thus allowing them to determine exact location of utilities prior to
construction activities.
Several planned disruptions of utility lines would occur for a few hours during pipeline
installation in the trench (the interrupted utility would be reconnected around the pipeline)
resulting in an adverse but not significant impact (Class III). Because the collocational
impact following a major earthquake could be more severe than if only one pipeline were
present in the ROW, inspection of the corridor would be conducted more frequently due to
the presence of multiple pipeline operators, possibly resulting in earlier detection of a major
problem. The Applicant's contingency planning would ensure that the most critical utilities
are restored first after a major accident.
Energy Resources and Providers. The Proposed Project represents an efficient mode of
crude oil transportation, and the impact on energy resources and energy providers would not
be significant (Class III), nor would it require mitigation measures beyond those provided in
the project design.
Water Resources and Providers. Construction would require approximately 12 acre -feet of
water for dust suppression and 5 acre -feet for hydrostatic testing. Reclaimed a non - potable
water would be used whenever available, for dust suppression and for hydrostatic testing of
all pipeline sections, resulting in a non- significant (Class III) impact upon water resources
and water providers.
P -0*
P -1*
The Applicant shall plan with public agencies in the three counties (1) to
provide consultation and training as appropriate to emergency service providers
to ensure adequate emergency response to pipeline related accidents, and (2) to
fund public agency costs to achieve and maintain readiness in three areas- -start
up, annual maintenance, and contingency funding in event of a major oil spill.
Participate in the Tri- County Socioeconomic Monitoring Program (SEMP) for
Santa Barbara and Ventura counties and a similar monitoring program for Los
Angeles County to monitor impacts on school districts and, based on the
findings of the monitoring program(s) and the cost of additional classroom
capacity, pay school mitigation fees to add additional classroom capacity as
necessary. Fees shall be calculated by the appropriate County Association of
Governments.
P -2(a)* Make arrangements, prepare signage, obtain health approvals, and use reclaimed
water, wherever available, for dust suppression during construction.
P -4* Make arrangements to move uncontaminated rock and soil to sites that need
these materials for fill, rather than to landfills. If approved, materials can be
used for daily cover requirements at landfills.
U -1 In consultation with affected utility service providers, the Applicant shall
prepare Construction Plans designed to protect utilities and shall provide the
26
PPSI - MITIGATION MEASURES
Plans to affected jurisdictions for review, revision, and final approval prior to
construction.
U -2 The Applicant shall coordinate with the local water districts in advance in order
to efficiently obtain reclaimed or potable water for delivery to the construction
sites and to meet any restrictions imposed by them.
U -3 The Applicant shall set priorities for disaster repair efforts on utility lines and
transportation networks, subject to approval by the affected Offices of
Emergency Services. Those utility lines vital to the region must be repaired
ahead of other lines. This information shall be included in the Oil Spill
Contingency Plan (see Mitigation Measure SS -13).
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC,
County of Los Angeles, and /or Southern California Association of Governments has the
authority to require that Pacific implement the above mitigation measures within the City of -.
Vernon, and the City Council hereby incorporates these measures into the Project.
SOCIOECONOMICS AND PUBLIC SERVICES
The construction of the entire Pacific Pipeline (from Emidio to the refinery destinations)
would employ 670 workers at its peak, with an average of 472 workers per month over a
10- month period. Population immigration is not expected to result from construction or
operational employment because primarily local workers would be employed and project
employees would not have to relocate to the area. Therefore, there would be minimal
impacts on temporary or permanent housing.
Some disruption of businesses located along the pipeline route could occur as construction
progresses in the vicinity of the I -5 service areas of Wheeler Ridge, Grapevine, Old Fort
Tejon, and Lebec. Impacts would result from construction dust generation, emissions from
heavy construction equipment, construction noise, and blocked traffic lanes or driveway
access. These disruptions are considered adverse but not significant (Class III), since they
would last one to three days at any one location. In some jurisdictions construction may
involve the closure of several small roads. This would have a potentially significant
(Class II) impact on patrol and response capabilities, especially in remote areas.
SP -1
The Applicant shall hire as many local workers as possible from each county in
which pipeline construction takes place to work on that county's section of the
project. To maximize the use of local workers, the Applicant must require that
its construction contractors and subcontractors work with local trade unions and
make every other feasible effort to employ local workers including the funding
of job training. If satisfaction on the part of the local trade unions is not
reached, then the issue of using local workers shall be settled through
arbitration.
27
SP -4
SP -5
SP -6
PPSI - MITIGATION n1EASURRS
Applicant shall compensate any business disrupted, displaced, or forced to
relocate due to the construction or operation of the Proposed Project. Where a
nearby business owner believes business has been diminished without
compensation, the Applicant and business owner shall participate in arbitration
by neutral appraisers (agreeable to the Applicant and the business owner) to
determine if any compensation is due to the business owner.
The Oil Spill Contingency Plan shall address specific measures relative to
business disruptions and direct cost recovery in the event of an oil spill. Also
see Mitigation Measure SS -13, Oil Spill Contingency Plan, and Mitigation
Measure SP -4, business compensation.
Prior to the approval of demolition and construction permits, the Applicant shall
demonstrate how debris will be salvaged and recycled in a manner that is
practical, available, and accessible. For example, arrangements shall be made
to move uncontaminated rock and soil to sites that need these materials for fill,
rather than to landfills. If approved, materials can be used for daily cover
requirements at landfills. Also, the Applicant shall also develop explicit
language that clearly sets the requirements for construction debris recycling by
contacting the recycling coordinators in each of the jurisdictions through which
the pipeline would pass.
SE -8* Participate in city and county In -Lieu Housing Programs and /or fund programs
focusing on the rehabilitation and creation of affordable housing in impacted
jurisdictions where significant impacts exist, as identified by the SEMP. The
level of funding shall be based on the difference between the median rental costs
and the rental housing affordability limits for moderate income households in
each impacted jurisdiction.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC,
County of Los Angeles, and /or Southern California Association of Governments has the
authority to require that Pacific implement the above mitigation measures within the City of
Vernon, and the City Council hereby incorporates these measures into the Project.
SP -3
Include a business relations coordinator for each city and county on the
Applicant's project construction team. The responsibility of the business
relations coordinators shall include the preparation of a Business Impact
Mitigation Plan. Prior to the start of project construction, the coordinators shall
contact businesses, including agriculture, which could be disrupted for one day
or more by project construction, to inform them of the specific nature of the
potential disruptions and to identify related issues and concerns, and to obtain
their input regarding impact mitigation. Construction scheduling shall be
designed to minimize business impacts. The Business Impact Mitigation Plan
shall also integrate applicable mitigation measures from this EIS /SEIR for this
and other issues such as traffic, air quality, noise, and soil contamination. This
28
I'I'SI - 1\IITIGATION MEASURES
plan shall be prepared by the Applicant and be reviewed and approved by
appropriate city and county planning agencies prior to the start of construction.
Following the preparation of the Business Impact Mitigation Plan and within two
weeks of commencement of construction in a specific area, the coordinators
shall contact the businesses again to implement specific mitigation measures and
to resolve any remaining concerns and issues. Appropriate city and county
agencies shall participate in and monitor the implementation of the plan. Also,
see Mitigation Measure L -5 (Section C.8, Land Use and Public Recreation).
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of this measure will substantially mitigate any impacts described above. The
City Council has authority to require that Pacific implement the above mitigation measure
within the City of Vernon, and the City Council hereby incorporates this measure into the
Project.
SYSTEM SAFETY AND RISK OF UPSET
System safety impacts associated with the Proposed Project primarily result from potential
crude oil spills that could cause significant impacts in other issue areas. Using failure rates
for 20 -year old pipelines as a conservative assumption the probability of major rupture at any
particular location along the pipeline was found to be 1.2 in one thousand over the entire
lifetime of the project (i.e. , 50 years). The probability for a leak from the pipeline during
the same time period is estimated at 2 in one thousand. The total lifetime incidents for the
entire length of pipeline is estimated to be 1.8 ruptures and 3.6 leaks. In Kern County, the
use of an existing pipeline from Pentland to Emidio would result in a lifetime of incremental
increase of 0.8 leaks and 0.4 ruptures over the entire length of the pipeline.
The hazards associated with potential oil spills, and subsequent fires and impacts on
resources, would be reduced by measures that PPSI is proposing to incorporate into its
design relating to oil spill prevention and response. The Applicant is required to have its Oil
Spill Contingency Plan reviewed and approved by the CPUC and the local response agencies
prior to the start of pipeline operation. Twenty -eight additional mitigation measures have
been developed in this EIS /SEIR to address construction safety, spill prevention,
minimization of spill volumes, and spill containment and response.
SS -1
SS -2
The Applicant shall provide structural support for underground utilities in and
near the construction area during work in the trench and backfilling operations
to prevent damage to such facilities during construction activities.
The Applicant shall use hand tools (i.e., non -motor operated equipment) in
utility intensive areas and within 24 inches of underground structures. Any soil
remediation or excavation work in the vicinity of the pipeline shall also require
the use of hand tools within 24 inches of the pipeline.
29
PPSI - MITIGATION MEASURES
SS -3
SS -4
SS -7
SS -9
The Applicant shall halt work in the immediate vicinity in the event of
inadvertent damage to an underground utility, until the owner of the utility has
been contacted and repairs have been effected.
The Applicant shall notify owners through the office of Underground Service
Alert of any underground facilities (including electrical, water, gas, petroleum
pipelines, fiber- optics, and agricultural water delivery and drainage pipelines) 48
hours in advance of excavation in the vicinity of these facilities. The Applicant
shall have an electrical contractor on -call at all times during construction near
the potentially affected facility to repair any circuits if required by the owner in
the event they are damaged during construction. The appropriate response to
hazards associated with damage to natural gas pipelines will be determined in
consultation with natural gas utility operators and local fire departments. Local
fire departments shall be notified of the schedule for construction activities in
the vicinity of natural gas and other oil pipelines. (See Section C.11, Public
Utilities and Energy, for a description of other underground utilities along the
proposed pipeline ROW.)
The Applicant shall implement internal corrosion prevention techniques in
accordance with the requirements of the California State Fire Marshal
(49CFR195.418) as part of the pipeline maintenance procedures. Such activities
shall include routinely scheduled pigging of the pipeline to remove pockets of
accumulated fluids that contribute to internal corrosion (such as hydrogen
sulfide, carbon dioxide, and water), the use of corrosion inhibitors and
corrosion coupons, and periodic testing by a state -of- the -art "smart pig" to
identify areas where corrosion, pipewall thinning, dents, cracks, and other
defects have occurred. Specific measures are discussed below:
•
Whenever any section of the pipe is removed for any reason, it shall be
inspected for possible internal corrosion and records retained for
inspection by the State Fire Marshal.
• The pipeline shall be tested with a state -of- the -art "smart pig" to
identify areas where corrosion, pipewall thinning, dents cracks and
other defects have occurred. State -of- the -art pigging will be capable of
defining wall- thickness contours around any area of reduced wall
thickness. The smart pigging will be done every year. A program of
maintenance shall be developed to ensure that permits to perform the
work are obtained as soon as possible and that pipeline defects are
rectified within one month of securing the necessary permits for severe
defects, and within six months for moderate defects.
The Applicant shall make a good faith effort to establish a cooperative
organization whose members will include the pipeline operators in the study area
(which would include PPSI, ARCO Pipe Line, Mobil, All American, Texaco,
Chevron, and possibly The Gas Company). The purpose of this organization
30
PPSI - MITIGATION MEASURES
shall be to exchange information, initiate self - regulation, use joint resources for
spill prevention, emergency response, and cleanup. Since the failure of each
pipeline will have a drastic effect on regulation and operation of others, the
members of this organization have internal incentives to cooperate despite their
competition in the market. For example, the Institute of Nuclear Power
Operations (INPO) formed after the Three -Mile Island accident, has been
greatly effective in self - regulation and increasing the overall safety in the
nuclear industry (J.V. Rees, 1994).
SS -10 After every 20 years of operation, the Applicant shall conduct a full analysis of
the pipeline components for safety and reliability purposes. This analysis is in
addition to the normal maintenance and inspection required, and should include
the results of a comprehensive "smart pig" inspection, the integrity check on
pump stations, heaters, storage tanks, valves, communication systems, and other
components. A full report on the status of the entire system, any potential
deficiencies, and the remedial actions should be prepared. This report should be
submitted to CPUC, ANF, and the California State Fire Marshal or their
successors. The continued operation of the pipeline after 20 years should be
dependent on these agencies' approval of the safety status as presented by the
Applicant.
SS -11 The Applicant shall install even speed and vibration sensors at all pump stations
to shut down the pipeline automatically in the event that threshold acceleration
should be exceeded. Such devices shall be required to detect earthquakes with
intensity of 6.0 or more. The petroleum industry has some objections to
automatic shutdown systems because erroneous shut down procedures have
caused accidents. Should the Applicant disagree with this mitigation, they shall
prepare a report and clearly demonstrate (to the satisfaction of CPUC, ANF,
and CSFM) that these sensors would result in more oil spill accidents than they
would prevent.
SS -16 The Applicant shall conduct a public education program consistent with 49 CFR
195.440 to help the public and agencies understand pipeline safety hazards. The
program will be supervised by the State Fire Marshal and approved by
emergency services agencies in each county. This program shall include
distribution of a brochure explaining how to recognize a leak, what to do in the
event of a spill, what potential safety impacts could occur, and who to call. The
brochure will be distributed to homes, sensitive receptors, and businesses within
1,000 feet of the pipeline, and shall be actively distributed by Pacific Pipeline
System Inc., along with construction notifications during the installation of the
proposed pipeline. Translated versions of the educational material should be
distributed in high - minority communities. Please see Mitigation Measure ML -5
in Section C.16 (Impacts on Minority Populations).
SS -18 The Applicant shall conduct a comprehensive safety and reliability analysis of
the SCADA system and pipeline control room prior to commencement of
31
PPSI - MITIGATION MEASURES
operations. The analysis should meet or exceed the guidelines developed by the
Institute of Electronic and Electrical Engineers. Include the improvements
recommended by this study to the hardware and software. Provide the
regulatory agencies with the study results.
SS -20 In consultation with spill response contractors and the public response agencies,
the Applicant shall conduct an evaluation of the response capabilities along the
ROW to meet the needs of additional oil and gas projects in the area. This
evaluation should address the potential for multiple release scenarios, response
capabilities required to meet the needs of credible maximum spill scenarios in
the region, and the feasibility and the barriers to effective sharing of response
resources. (Other shippers should be contacted for cooperation, as
recommended under Mitigation Measure SS -9.) The current system for
coordinating the response resources and the efforts of many public agencies
should also be reviewed in the evaluation of response capabilities. There is a
potential that oil spills near the refinery connections, or at the Santa Clara river
crossing could eventually reach the ocean. Therefore, the Applicant shall
execute a contract with a marine cooperative spill cleanup co -op to ensure these
resources are available.
SS -22a The proposed pipeline shall be used only as stated in the Applicant's Project
Description: for transportation of crude oil only and at an average flow rate of
130,000 BPD. No exceedance of this level is allowed without appropriate
environmental review and analysis, and no other material including petroleum
compounds or products (whether in gas or liquid form) may be transported
through this pipeline. The H2S content of the crude oil transported by the
pipeline shall not exceed 10 ppm.
SS -24 To reduce likelihood of damage to the pipeline from third -party construction,
place markers at major highway and road crossings, keyed to Thomas Guide
page numbers. Placement and markers are to meet the approval of each
applicable County jurisdiction. Additionally, to avoid potential construction
impacts, two pipeline markers shall be visible from any point along the pipeline,
with a maximum spacing of 500 feet between any two markers.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC
and /or the California State Fire Marshall have the authority to require that Pacific implement
the above mitigation measures within the City of Vernon, and the City Council hereby
incorporates these measures into the Project.
SS -5
The Applicant shall prepare a Fire Protection Plan (FPP) and a Hazardous
Materials Management Plan for all areas along the pipeline ROW for the
construction phase of the project. Contingency analysis and planning shall be
conducted to identify fire situations, how to minimize their occurrence, and how
to respond should they actually occur. Local Fire Departments shall review the
32
PPSI - MITIGATION MEASURES
SS -6
plans based on their specific needs and resources. The plans shall assure that
locations and conditions for storage of fuels comply with rules set forth in the
Uniform Fire Code and National Fire Codes. The FPP shall include specific
measures to avoid impacts on cultural resources, sensitive habitats, and sensitive
biological resources identified in other sections of this EIS /SEIR. These plans
shall be approved by the CPUC, ANF, and local fire jurisdictions and the
environmental monitoring authority for the appropriate discipline.
The Applicant shall implement recommendations for geotechnical studies,
Mitigation Measures G -3 and G -4, and 40CFR 190 -110 for proper pipeline and
above - ground facilities design features in fault zones to accommodate potential
ground movement. Section 419 of ANSI Standard B31 -4 must be followed in
providing for expansion and flexibility. Develop and implement a program for
routine inspections of mainline valves twice annually. The valves shall be
checked for mechanical integrity. Remotely activated block valves shall be
checked to ensure they operate automatically within 60 seconds. Check valves
should be checked annually to assure proper functioning. Maintenance records
shall be retained for inspection by the State Fire Marshal.
SS -13 The Applicant shall maintain an up -to -date Oil Spill Contingency Plan (OSCP)
in compliance with 49 CFR 195.402, the standards of all applicable jurisdictions
along the route, as well as additional items discussed below. The OSCP shall
include procedures indicating the pipeline inspection procedures following an
earthquake of 6.0 or greater. The areas of the ROW around the earthquake
epicenter must be inspected first. Pipeline bridge crossings and potential
liquefaction areas are then to be inspected in a predetermined order. Include
wildlife contingency measures including specifics of how to deal with oiled
wildlife, both terrestrial and aquatic; a list of names and telephone numbers of
persons who are expert in the rehabilitation of oiled wildlife; locations and
response times of facilities and persons for responding to oiled wildlife, creating
facilities if necessary; and providing for the ability to rehabilitate oiled wildlife
over the long term, if necessary (see also Mitigation Measures B -W -4, B -W -5,
and B -W -6 in Section C.3.2.2.5).
Review of OSCP: The OSCP will be subject to review by the California State
Fire Marshal, California Department of Fish and Game, U.S. Fish and Wildlife
Service, the Los Angeles County Metropolitan Transportation Authority, and
other applicable local, State and Federal agencies who will review it for
compliance with all requirements of 49 CFR 195.402, and California SB 2040,
and the standards of all applicable jurisdictions along the route. In addition, the
plan will be specifically reviewed for methods and instructions for containing oil
across land, down stream channels, storm drains, and in water. The removal of
contaminated vegetation and implementation of methods to protect and care for
birds and wildlife in the event they become soiled with oil will also be
reviewed.
33
PPS' - MITIGATION MEASURES
Spill Response Training /Equipment: All appropriate emergency personnel must
be trained for spill response. Oil spill containment and recovery equipment
shall be inspected and maintained annually. Regular drills shall be scheduled
and the results evaluated so that oil spill response personnel are familiar with
the equipment and with the project area.
PPSI will investigate the possibility of using a Task Force or Special Committee
consisting of the fire agencies along the pipeline route to serve as, or augment
the spill response contractors that are required under this and other mitigation
measures. The Task Force or Special Committee would be funded adequately to
meet .PPSI's obligations for oil spill response and fire fighting equipment.
Contact Lists: The OSCP shall include a list of the names and telephone
numbers of the pre- approved response contractors and the following:
•
•
Information on the type and amount of equipment each can provide
Number of laborers available and estimated time to mobilize the
response team.
The plan shall include a listing of names, telephone numbers, and addresses for
emergency access to private lands along the pipeline route.
Biology Considerations:
(1)
Station oil spill response and containment equipment at the following
locations:
• Emidio and Grapevine Pump Stations
• Pyramid Lake
• Vicinity of the Castaic Creek crossing
• Vicinity of the Santa Clara River crossing
• Vicinity of the Dominguez Channel crossings.
(2) Outline provisions for qualified biological monitors on site during all
cleanup activities in the vicinity of known rare plant population locations.
(3) Outline provisions for restoration of affected plant populations and habitat
in the event of an impact and these shall be reviewed and approved by
CPUC, USFS, and CDFG, as appropriate, prior to their implementation.
(4) Include maps that show population locations of rare, threatened, or
endangered plant species. Maps must show population locations and
suitable habitat and must define ingress and egress points and areas where
cleanup activities can occur without impact on rare plants. Provide
directions for emergency containment procedures if a spill should occur in
or upstream of habitat of sensitive plant species. This information shall be
34
PPSI - n4ITIGATION MEASURES
reviewed every five years by the Applicant, ANF, CPUC, and responsible
agencies, and updated as appropriate.
(5) Prepare evaluation of the non - cleanup option for ecologically vulnerable
habitats such as riparian habitats (see also Mitigation Measure B -W -5).
(6) Areas of particular biological sensitivity shall be noted (similar to the Base
Maps in Appendix B) and special cleanup techniques outlined, should these
areas be contaminated.
(7) Provisions to rehabilitate a habitat affected by a spill and /or by cleanup
activities shall include the following:
• Measures to protect sensitive habitats from damage
• Measures to minimize potential damage from response and repair
operations
• Measures to restore native plant and animal communities to prespill
conditions
• Site - specific restoration plans for riparian and coastal habitats
• Containment and cleanup measures addressing storm drain and flood
control channels. A monitoring program shall be established to
assess the rate and overall success of the cleanup and reclamation
efforts.
(8) Develop site- specific contingency plans for sensitive habitats (see
Mitigation Measure B -V -6 for details of plan).
Cultural /Archaeology /Paleontological Considerations: Areas of
archaeological or paleonto - logical significance within the potentially -
affected spill area that are discovered during the lifetime of the project
shall be noted in the OSCP. Special cleanup techniques, emphasizing
water - surface cleaning and absorbent cleaning and prohibiting use of heavy
construction equipment in these areas shall be required.
A qualified local archaeologist and a trained Native American observer
shall be included in designing the Oil Spill Response Plan to ensure that
site impacts can be avoided or minimized during containment and cleanup.
To the maximum extent feasible, site areas shall not be affected
unnecessarily by ground disturbance associated with construction of dams,
berms, trenches, or the establishment of staging areas. The Oil Spill
Response Plan, shall include provisions for contacting a qualified local
archaeologist and Native American observer when an oil spill response is
required. The archaeologist and Native American observer shall visit the
spill site to assist in avoiding sites and to monitor the containment. After
containment is accomplished, cleanup activities shall be preceded by a
brief archaeological reconnaissance of the affected area. If any sites are
35
PPSI - MITIGATION MEASURES
located in the area, the archaeologist and spill cleanup team leaders shall
evaluate further actions, including emergency site excavation.
Hydrological and Water Quality Considerations: As discussed in
Mitigation H -11, the OSCP shall include a stream by stream analysis of
maximum potential oil spill that can be released, the exact potential
pathway of the oil, the time to reach potable water resources, and specific
measures to prevent contamination of water resources. A computer based
(preferable GIS) system that could simulate the progression of the oil spill
and identify response resources would be very useful. Mitigation Measure
H -11 also requires the development of other measures to protect Pyramid
and Castaic Lakes from an oil spill.
Land Use Considerations: Develop procedures for sensitive land uses to
further reduce potential land use impacts. These sensitive land uses
include schools, hospitals, residences, religious facilities, recreational
lands, prisons, and oil fields along the pipeline ROW and environmentally -
sensitive areas. Designated representatives of these nearby land uses shall
be consulted. The OSCP will include lists of sensitive receptors within
1,000 feet (305 meters) of the pipeline ROW (as defined in Section
C.8.1.2) and procedures to ensure they are notified in the event of a spill.
Socioeconomic Considerations: Develop specific measures relative to
business disruptions and direct cost recovery in the event of an oil spill.
Please see Mitigation Measures L -7 in Section C.8 (Land Use), and SP -5
in Section C.12 (Socioeconomics).
Transportation Considerations: Develop specific measures that address
and mitigate potential disruption to transportation systems and provide for
planning and coordination with the appropriate agencies. Please see
Mitigation Measure T -13 in Section C.15 (Transportation and Traffic).
SS -14 The Applicant shall distribute copies of the approved Oil Spill Contingency Plan
to each agency whose operations could potentially be affected by a spill along
the pipeline route, and to local fire departments who may be called on for
emergency response. Copies of the contingency plan shall also be made
available to any public agency along the pipeline route that requests copies. All
contingency plan recipients are to be notified of contingency plan changes via
formal contingency plan updates.
SS -15 The Applicant shall supply and maintain oil spill containment and response
equipment at locations accessible to first response personnel along the route to
facilitate rapid response to an oil spill. Selected locations and equipment must
be approved by appropriate jurisdictions along the pipeline ROW.
36
PPSI - MITIGATION MEASURES
SS -17 The Applicant shall exercise the OSCP with a full -scale response drill prior to
operation of the pipeline. Any deficiencies identified as a result of this exercise
shall be corrected by the Applicant prior to startup. Emergency response drills
shall be conducted according to the National Preparedness for Response
Exercise Program (PREP) Guidelines and, at a minimum, shall include a
pipeline equipment deployment exercise annually, an internal tabletop exercise
annually and an internal notification exercise quarterly. Drills shall be used to
clarify the role of the oil spill responder. Again, the communication problem
and need for interpretation in the high - minority communities should be
addressed in any response drill.
SS -21 The Applicant shall provide each pump station with appropriate fire - fighting
equipment. Aqueous film - forming foam (AFFF) equipment shall be installed
where water supplies are available. At locations without water supply, a non-
aqueous fire suppression system shall be installed with equivalent or superior
performance to AFFF. All systems must meet or exceed local fire codes and
other legal requirements.
SS -22 The Applicant shall prepare a Fire Protection Plan for the operational phase of
the Proposed Project. The Plan shall include details of fire protection and loss
prevention measures that will be implemented during the operation of the
pipeline. The Plan shall be approved by all affected fire protection
jurisdictions.
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of these measures will substantially mitigate any impacts described above.
The City Council has authority to require that Pacific implement the above mitigation
measures within the City of Vernon, and the City Council hereby incorporates these
measures into the Project.
TRANSPORTATION AND TRAFFIC
Construction of the Proposed Project would have an impact on the study area's transportation
system as the construction activities would physically block many of the public roadways
along the pipeline corridor. Although some of the pipeline alignment is on private property
and Angeles National Forest land, the majority of the route (33.3 out of 65 total miles) is
located within the ROW of public streets and highways. As construction occurs at these
locations, portions of the roadway which are normally used for traffic circulation and /or
parking would be temporarily unavailable for these purposes.
At the numerous locations- where the pipeline alignment would cross a roadway, the
Applicant has committed to boring underneath the roadway, thereby minimizing traffic
disruptions during construction. At the locations where the pipeline alignment runs parallel
to a roadway, construction activities would, in most cases, result in traffic impacts as travel
lanes, shoulders, driveways, and parking areas would be blocked. The impacts at any
particular location would have a duration of one to three days.
37
PPSI - MITIGATION MEASURES
Construction of the proposed pipeline would result in several significant, but mitigable
(Class II) impacts as the construction activities would increase traffic congestion, block
access to adjacent properties, obstruct pedestrian circulation, increase the accident risk, and
restrict emergency access. In addition, project construction would result in an increase in
traffic volumes, an increase in parking demand, a loss of existing parking space, and
disruptions to transit operations, which are categorized as adverse, but not significant impacts
(Class III).
T -1
The Applicant shall restrict all necessary lane closures or obstructions on major
roadways to off -peak periods in urbanized areas to mitigate traffic congestion
and delays which would be caused by lane closures during construction and by
exploratory excavations. Such closures would be avoided from 6:00 to 9:30
a.m. and 3:30 to 6:30 p.m., or as directed by the affected public agency.
T -2 The Applicant shall notify affected parties of potential obstructions and
alternative access provisions. Blocked access to nearby properties requires
advance coordination with property owners and tenants. Where construction
activities would interfere with access to local businesses, schools, farms, and /or
residents, the owners and tenants shall be notified of the potential obstructions.
Alternative access provisions and parking shall be provided by the Applicant
where feasible, with guide signs to inform the public. If alternative access is
not feasible, then the Applicant shall provide compensation to the affected
businesses.
T -3 The Applicant shall schedule construction on or adjacent to critical land uses
(hospitals, schools, major employers, recreational areas, etc.) so that at least
one access driveway is left unblocked at all hours or during business hours.
T -4 The Applicant shall provide alternative pedestrian or bicycle access routes to
avoid obstruction to pedestrian or bicycle circulation. Where existing, pedestrian
circulation routes or bike trails would be obstructed by pipeline construction
(e.g., along the proposed San Fernando bikeway), alternative access routes shall
be developed and signed /marked appropriately.
T -5 The Applicant shall develop Transportation Management Plans in order to
increase safety for the traveling public. These detailed transportation
management plans shall be developed for every location at which construction
activities would interact with the existing transportation system. Input and
approval from the responsible public agencies shall be obtained. The use of
fingers, warning signs, lights, barricades, cones, etc. shall be established
according to standard guidelines outlined in the Caltrans Traffic Manual, the
Standard Specifications for Public Works Construction, and the Work Area
Traffic Control Handbook (WATCH).
T -6 The Applicant shall coordinate in advance with emergency service providers to
avoid restricting movements of emergency vehicles. Police departments, fire
departments, ambulance services, and paramedic services shall be notified in
38
I'PSI - MITIGATION MEASURES
advance by the Applicant of the proposed locations, nature, timing, and duration
of any construction activities and advised of any access restrictions that could
impact their effectiveness. At locations where access to nearby property is
blocked, provision shall be ready at all times to accommodate emergency
vehicles, such as plating over excavations, short detours, and alternate routes.
The Transportation Management Plan (Mitigation Measure T -5) shall include
details regarding emergency services coordination and procedures.
T -7 The Applicant shall provide a shuttle bus service for construction workers from
convenient off - street parking areas to the work sites to minimize traffic volumes
and parking demand at the work sites. Sufficient off - street parking shall be
provided at the bus service staging areas so that adjacent or nearby parking
facilities are not adversely affected.. Multiple staging areas shall be utilized to
reduce traffic impacts on the roadways serving the staging areas. Approval
shall be obtained from the affected local jurisdictions for the staging areas. An
employee incentive program shall be established to encourage ridesharing and /or
transit usage.
T -8 The Applicant shall provide an off - street area for the storage of construction
equipment, vehicles, and materials to address the increased demand for
construction equipment storage.
T -9 The Applicant shall ease the temporary loss of parking spaces through advance
notification and temporary replacement of parking spaces. Where the
construction activities would eliminate existing parking spaces, advance signing
(at least 72 hours) and notification to nearby businesses /residents shall be
provided by the Applicant. If the loss of parking spaces would create a
hardship (as determined by the affected public agencies), alternative spaces shall
be arranged by the Applicant, if feasible, and appropriate guide signs installed.
The required Transportation Management Plan (Mitigation Measure T -5) shall
include provisions regarding the loss of existing parking spaces.
T -10 Roads disturbed by construction activities or construction vehicles shall be
properly restored to ensure long -term protection of road surfaces. Care shall be
taken to prevent damage to roadside drainage structures. Roadside drainage
structures and road drainage features (e.g., rolling dips) shall be protected by
regrading and reconstructing roads to drain properly. A road maintenance
program shall be established and implemented by the Applicant for portions of
the road where the pipeline is buried. Said measures shall be incorporated into
an access agreement /easement with the applicable governing agency prior to
construction (see also Mitigation Measure C -16 regarding protection of the Old
Ridge Route).
T -11
The Applicant shall coordinate in advance (at Least 90 days prior to construction
start -up) with public transit agencies and the transportation branch of affected
school districts to avoid disruption to transit operations and to allow adequate
39
I'I'SI - MITIGATION MEASURES
time for service adjustments. Public transit agencies and schools which operate
bus routes on the roadways potentially affected by the proposed construction
activities shall be informed in advance of the pipeline project and the potential
impacts at bus stop locations. Alternate pick -up /drop off locations shall be
determined and signed appropriately.
T -12 Coordinate issues of compatibility of rail operations with SPTC, UPRR, ATSF,
and LACMTA. The Applicant and contractors shall plan and implement all
activities within the railroad ROW with the appropriate railroad personnel.
Railroad representatives shall be on site at all times during construction along
active rail lines.
T -13 The Applicant shall prepare an emergency response plan which addresses
potential disruption to the transportation system in case of a major oil spill, as
part of the overall Oil Spill Contingency Plan outlined in the System Safety
section (C.13.2). The Applicant /Operator shall be prepared at all times to
immediately respond to an oil spill which would affect any transportation facility
so that necessary facility closures and cleanup operations can be initiated
expediently. Coordination with appropriate law enforcement agencies, public
works departments, fire departments, and state agencies shall be required in
advance of, and in the event of an upset.
T -14 The Applicant shall maintain close coordination with the agencies responsible
for encroachment permits on each affected roadway and with the utility
companies which have facilities along the same ROW. The Transportation
Management Plans (Mitigation Measure T -5) shall take into account other
construction projects and their planned mitigation procedures.
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of these measures will substantially mitigate any impacts described above.
The City Council has authority to require that Pacific implement the above mitigation
measures within the City of Vernon, and the City Council hereby incorporates these
measures into the Project.
VISUAL RESOURCES
Short -term construction impacts on visual resources would result from the temporary
alteration of landforms and vegetation, as well as from the presence of equipment, materials
and workforce at above- ground facility sites (i.e. , pump stations), and along the ROW.
These short -term impacts would be adverse, but not significant (Class III).
Short - term cumulative impacts may occur if other projects in close proximity to the pipeline
are constructed at the same time as the pipeline. However, the construction period for each
pipeline segment is sufficiently short that cumulative construction impacts would not be
significant.
40
PPSI - MITIGATION MEASURES
Mitigation Measure V -2 applies to private rights -of -way and assumes a 50 -foot width.
Where construction occurs in connection with a City Council granted franchise, its terms
shall be controlling.
V -1
The Applicant shall store construction materials and excavated materials away
from highly visible route segments along I -5, SR 166, Old Ridge Route,
Templin Highway, Lebec Road, and Peace Valley Road, whenever possible, to
reduce intrusion into scenic views. Material storage shall also be located away
from residences, schools, and businesses.
V -2 The Applicant shall confine construction activities and materials storage to
within the pipeline ROW and above - ground facility sites. All food- related trash
(wrappers, cans, food scraps, etc.) shall be disposed of in closed containers, and
the containers regularly removed from the construction site.
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of these measures will substantially mitigate any impacts described above.
The City Council has authority to require that Pacific implement the above mitigation
measures within the City of Vernon, and the City Council hereby incorporates these
measures into the Project.
IMPACTS ON MINORITY POPULATIONS AND LOW- INCOME POPULATIONS
In compliance with President Clinton's 1994 "Executive Order on Federal Actions to Address
Environmental Justice in Minority and Low - Income Populations" (Executive Order 12898),
this EIS /SEIR comprehensively addresses the question of whether and how the impacts of the
Proposed Project and alternatives may disproportionately affect minority populations and
low - income populations. It also analyzes and recommends specific mitigation measures for
such disproportionate effects identified.
The analysis is based on the general assessment of impacts for all of the environmental issues
and the specific geographic distributions of these impacts in relation to the distributions of
minority and low - income communities in the region. Census tract data was used in
delineating the distribution of minority and low- income communities, including such key
parameters as racial and ethnic makeup, income level, use of languages other than English,
population density, and unemployment.
ML -1 Community Outreach and Communications Program
• The Applicant ,shall establish a Community Liaison Group to contact and
meet with local community- based organizations, homeowner and
neighborhood associations, chambers of commerce, community leaders and
local public agencies, and local residents to provide information and
answer questions regarding the Project, and receive feedback on the
Community Partnership Program (see ML -2). The Community Liaison
Group shall have multi - cultural /multi - lingual capabilities such as liaisons
41
PPSI - MITIGATION MEASURES
with community familiarity that speak the predominant languages (e.g.,
English, Spanish, Chinese, Japanese, Korean, and Vietnamese) along the
pipeline route and informational materials (i.e., brochures, fact sheets,
signs, etc.) that are translated into those languages.
• At the start of project construction, the Applicant shall set up a 24 -hour,
toll free, project hotline with multi - lingual capabilities to answer any
questions or address concerns about the Project, to operate until one year
after start -up of normal project operations.
ML -2 Community Partnership Program
• A Community Partnership Program shall be set up to supply the affected
communities with the following types of information: job training and
mentorship programs through existing community organizations;
identification of jobs through existing job databases such as the City of
Los Angeles database; an educational module which would provide help
on environmental improvement projects for the affected communities,
including training on participation in public decision- making processes and
environmental and health issues associated with industrial development.
• The Applicant shall create an easily accessible computer communications
network (Community Partnership Network) for communities through
which the pipeline passes, along with an endowment to be provided for
ongoing operation and maintenance costs for the network. Network
subgroups shall be developed to address the needs of ethnic or cultural
groups (e.g., language) along the pipeline route. The Applicant shall place
computer terminals in a minimum of 10 easily accessible public locations
along the pipeline route (within two miles on either side of the route) in up
to 10- high - minority and low - income communities at such locations as
libraries, schools, and community centers. The network shall also be
accessible through the Internet and accessible to modem - equipped
computers.
• Applicant shall provide educational and informational materials for the
Community Partnership Program, as described above, that will be
accessible on the Network. Applicant shall continue to work with
community -based organizations to facilitate educating the community about
use of the Community Partnership Network for a period of 3 years after
project approval by the CPUC and ANF.
ML -3 Local Community and Minority -Owned Business Enterprise (MBE) Hiring
Program
• Applicant shall locate the Control Center for the Pipeline within one -mile
of Taylor Yard and shall maximize use of local workers (residence within
42
PPSI - MITIGATION MEASURES
5 miles of the pipeline route between San Fernando and refineries) in the
staffing of this facility.
• Applicant shall develop a local and MBE Hiring Program with maximum
use of local workers and a target of using at least 40% MBE firms for the
following job categories for work in the Sylmar to Wilmington area:
trucking and hauling; paving; potholing and subsurface investigation;
utility location and relocation; environmental monitoring; archaeological
monitoring; office supply and reproduction services; machine shops; line
flier; security services; emergency response; laboratory analysis; courier
services; building maintenance; and cathodic protection surveys.
• Applicant shall contract with local (based within 5 miles of the pipeline
route) and MBE firms for goods and services to the maximum extent
feasible.
• Applicant shall work with construction unions to develop their MBE
programs.
The Applicant shall ensure diversity among its contractors and
subcontractors by emphasizing use of local hiring practices. The
workforce employed shall represent the ethnic make -up of the
neighborhoods through which the pipeline passes to the greatest extent
possible.
ML -4 Open areas of the pipeline corridor shall be attractively landscaped and utilized
for green belts, parkways, bike routes, and other open space uses to buffer
adjacent residential areas from industrial uses. The development and
maintenance of such alternative land uses for the corridor shall be evaluated
during the permit review process for new development within the corridor.
ML -5 Communication of Potential Emergencies to Non - English Speaking Populations
• The Applicant shall prepare a demographic data analysis to identify those
segments of the population along the pipeline ROW that primarily speak a
language other than English. This information is readily available from
the U.S. Census Bureau and the analysis should be conducted at the census
block level.
The results of the demographic data analysis shall be incorporated into the
Oil Spill Contingency and Fire Protection Plans and address how potential
emergencies will be communicated to, and responses coordinated with, the
affected populations, especially for non - English speaking residents.
43
PPSI MITIGATION MEASURES
• The Applicant shall consult with communications specialists who
understand the cultures of the affected communities to determine
appropriate notification measures in the event of an emergency.
• The Oil Spill Contingency and Fire Protection Plans shall include a list of
radio and television stations, as well as community contacts and available
translators, that can be contacted in the event of an accidental release.
This list must identify radio and television stations that reflect the diversity
of the listeners /viewers along the pipeline ROW (e.g., non - English
language stations, rap /hip -hop music, rock music, news /talk radio, etc.).
ML -6 The Applicant shall utilize its Community Outreach and Communications
Program and its Community Partnership Program to assist with the following
mitigation activities:
• Close cooperation and consideration with local community -based
organizations in development and implementation of the Business Impact
Mitigation Plan (Mitigation Measure SP -3) to be used to mitigate
construction impacts on local business.
• Facilitate the use of local transit systems to reduce traffic impacts during
construction or in the event of accidents, line replacement, or line
removal.
• Provision of summary reports regarding pipeline condition, operation, and
maintenance, including summaries of the required triennial smart pig
testing results as described in Mitigation Measure SS -7 in Section C.13.
ML -8 Efforts shall be made to ensure equitable application of mitigation measures,
regardless of the particular visual or land use character of a particular area.
Based on the analysis contained in the EIS /SEIR, the City Council finds that implementation
of these measures will substantially mitigate any impacts described above. The CPUC has
the authority to require that Pacific implement the above mitigation measures within the City
of Vernon, and the City Council hereby incorporates these measures into the Project.
ML -7
The Applicant, in determining the location of oil spill containment and response
equipment, shall endeavor to ensure that the spacing of such equipment along
the pipeline is in full consideration of the density of hazard factors and .
populations at risk along the pipeline route. This information shall be included
in the Oil Spill Contingency Plan (see Mitigation Measure SS -13 in
Section C.13).
Based upon the analysis contained in the EIS /SEIR, the City Council finds that
implementation of this measure will substantially mitigate any impacts described above. The
City Council has authority to require that Pacific implement the above mitigation measure
44
PI'SI - MITIGATION MEASURES
within the City of Vernon, and the City Council hereby incorporates this measure into the
Project.
* Signifies mitigation measures from the FEIR dated September 1993.
ALTERNATIVES
33. The EIS /SEIR has included consideration of reasonable alternatives, as required
by CEQA. Initially, 15 alternatives to the proposed Project were considered for
evaluation in the environmental document. After conducting a screening
analysis, four alternatives (including the Project) were selected for full
consideration. The other three which were selected are the Mojave Alternative
discussed in the February 5, 1995 Amendment; the Cajon Pipeline Alternative
(as recently revised to include the EPTC connection); and the No Project
Alternative. Each of these alternatives was comprehensively analyzed and
compared relative to its respective "specific impact - causing factors and their
resulting effects with respect to 15 environmental issue areas (Air Quality,
Biological Resources, etc.)" (Exhibit 4a, p. ES -15).
UNAVOIDABLE IMPACTS
34. The environmental review documents also identify several significant adverse
impacts that cannot be mitigated or avoided. As earlier explained, these are
largely associated with accidental ruptures or spills from the pipeline, the risk of
which is inherent in this mode of transportation, just as it is with alternative
modes. The only way to avoid these impacts would be to cease transporting oil
by any means. These impacts are specifically identified and discussed in the
EIS /SEIR.
STATEMENT OF OVERRIDING CONSIDERATIONS
35. The Project cannot be approved unless, with respect to each significant effect,
changes or alterations have been required in or incorporated into the Project
which mitigate or avoid the significant effects on the environment. (Pub. Res.
Code Section 21081(a).) As to those significant effects for which identified
mitigation measures or alternatives are infeasible, the City Council is obliged to
find that there are overriding considerations of public interest which outweigh
those effects on the environment. (Id., Section 21081(b).)
The changes or alterations to mitigate or avoid significant effects are contained
in the Proposed .Mitigation Monitoring, Compliance, and Reporting Plan
contained in the Final EIR and the final EIS /SEIR.
As to any remaining requirement for a statement of overriding considerations
that may exist under Section 21081(b), the finding of need for the Project, and
45
PPSI MITIGATION MEASURES
the discussion that the Project is in the public interest, set forth those overriding
considerations.
CONCLUSION
36. A. Based on the foregoing findings and the information contained in the
record, the City Council has made one or more of the following findings with
respect to the significant effects of the Project:
(i) Changes or alterations have been required in, or incorporated into,
such project which mitigate or avoid the significant environmental effects
thereof as identified in the completed EIS /SEIR.
(ii) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and such changes have been adopted
by such other agency, or can and should be adopted by such other agency.
(iii) Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the completed
EIS /SEIR.
B. Based on the foregoing findings and the information contained in the
record, the City Council has made the following findings:
(i) All significant effects on the environment due to the Project have
been eliminated or substantially lessened or substantially lessened where
feasible.
(ii) Any remaining significant effects to the environment found to be
unavoidable are acceptable due to the overriding concerns set forth in the
foregoing Statement of Overriding Considerations.
C. Having conditioned the Project as set forth in the foregoing findings and
adopted the foregoing Statement of Overriding Considerations, the City Council
hereby approves the Project as conditioned herein.
46
ey-A7
OFFICE OF THE CITY CLERK Y;6‘
INTER - OFFICE MEMORANDUM
DATE: May 29, 1997
TO:
Martha Valenzuela, Office Manager - Finance
FROM: Gloria J. Oroscotlrief Deputy City Clerk
SUBJECT: Franchise Agreement - Pacific Pipeline System, Inc.
Dear Martha:
Attached hereto is signed Ordinance No. 1046, for the granting of
a Franchise to Pacific Pipeline System, Inc. This Franchise
Agreement was approved by City Council on May 20, 1997 and
becomes effective in 30 days. All fees have been paid for this
initial year and all other requirements are now being secured.
Please refer to Section 6, Franchise Fee, specifically page 4,
wherein the fees are identified and also the procedure to be used
to adjust said fee annually. Pacific Pipeline System, Inc.
should be invoiced next year reflecting any adjustment in the
annual fee which is due by June 19, and. each year thereafter.
cc: Agreement File
K. Wilson,
Dir. of Community Services
/gjo
1 ORDINANCE NO. 1046
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 VERNON GRANTING A FRANCHISE TO PACIFIC PIPELINE
SYSTEM, INC. TO INSTALL, MAINTAIN AND OPERATE A
4 PRESSURIZED STEEL PIPELINE AND APPURTENANCES IN
AND UNDER ALAMEDA STREET IN THE CITY OF VERNON,
5 CALIFORNIA
6 WHEREAS, Pacific Pipeline System, Inc. is a Delaware
7 corporation and a public utility transmitting and distributing
8 petroleum oil or products by means of pipes and appurtenances
9 subject to Section 6202 of the Public Utilities Code of the State
10 of California; and
11 WHEREAS, Pacific Pipeline System, Inca has applied for a
12 franchise to place a twenty -inch, insulated, pressurized steel
13 pipeline in and under a portion of Alameda Street in the City of
14 Vernon and to transmit or distribute such petroleum oil or
15 products through it; and
16 WHEREAS, said pipeline will have an above- ground valve
17 located in the median strip of Alameda Avenue protected by
18 concrete barriers, and will include an associated fiber optics
19 cable to which the City of Vernon will have access; and
20 WHEREAS, the City of Vernon operates its own water
21 system, has property rights in the underground water, and is
22 responsible for insuring the potability of the water distributed;
23 and
24 WHEREAS, leakage or spillage of such oil or products,
25 whether under public streets or property or under private
26 property, may cause contamination of the ground or water which
27 will require remedial action by Pacific Pipeline System, Inc.
28 and /or the City of Vernon; and
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
WHEREAS, the City Council of the City of Vernon pursuant
to Section 6232 of the California Public Utilities Code adopted
Resolution No. 6837 on April 8, 1997, declaring its intention to
grant this franchise and setting a public hearing, notice of which
was published in the Metropolitan News on April 18, 1997, and the
public hearing held on May 6, 1997; and
WHEREAS, the City Council is authorized by City Charter
Section 8.9 to grant a franchise in the City of Vernon to any
person, firm, corporation, or other entity and to set terms
conditions, restrictions and limitations by ordinance.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: Findings.
The City Council of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: Grant of Franchise.
A franchise (hereinafter "Franchise ") shall be, and the
same is hereby, granted by the City Council of the City of Vernon
to the Pacific Pipeline System, Inc. (hereinafter "Franchisee ") to
maintain and operate approximately three hundred seventy -five
(375) feet of twenty inch (20 ") diameter, insulated, pressurized
steel petroleum pipeline (hereinafter "Pipeline ") in and under a
portion of Alameda Street in the City of Vernon, including valves
and other appurtenances in the median strip of Alameda Street, for
the purpose of transmitting oil and oil products. The Franchisee
shall also have the right to install, operate and maintain a fiber
optics communication system in conjunction with the Pipeline.
///
-2-
1
3
4
5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 3: Location.
The Franchise is identified and shall be located as shown
on the engineer's drawing marked Ethibit "A" attached hereto and
made a part hereof by reference and further described as follows:
Alameda Street: Beginning at the north boundary of the
City of Vernon approximately 30 feet east
of the west City boundary and continuing
south for a distance of 225 feet, at
which point Franchisee will install a
valve in the median strip, then
continuing south 120 feet and turning
west 30 feet to the west boundary of the
City of Vernon.
SECTION 4: Term of Agreement. This Franchise is granted
for a term of twenty -five (25) years from and after the date
hereof. Upon request in writing by the Franchisee, this Franchise .
may extended for an additional term of twenty -five (25) years
by resolution of the City Council without public hearing. Such
extension shall be at the sole discretion of the City Council.
SECTION 5: Terms and Conditions.
The City Council of the City of Vernon hereby grants this
Franchise subject to the terms and conditions set forth in the
Code of the City of Vernon, California, 1959, Chapter 13, Article
IV, and Chapter 22, Article VI, to the extent they are not in
conflict with any paramount authority of the State or Federal
government, and the acceptance hereof shall evidence the
Franchisee's agreement to all terms and conditions of said
articles and the additional conditions herein contained.
SECTION 6: Franchise Fee.
During the term of this Franchise, Franchisee shall pay
to the City of Vernon an annual Franchise fee for the Pipeline in
the amount of Two Hundred Three Dollars ($203.00) being the fee
-3-
1 established by California Public Utilities Code Section 6231.5 and
2 escalated as set forth therein. In addition, the Franchisee shall
3 pay an equivalent amount for the maintenance and operation of the
4 valve in the median strip for a total annual fee of Four Hundred
5 Six Dollars and No Cents ($406.00). Such fees shall be paid in
6 advance of the 20th day of June of this year and each year
7 thereafter.
8 Such fees shall be escalated annually in accordance with
9 the Consumer Price Index cited in Section 6231.5, which shall be
10 the Consumer Price Index, Pacific Cities and U.S. City Average,
11 All Items Indexes, Urban Wage Earners and Clerical Workers, Los
12 Angeles- Anaheim - Riverside (hereinafter "Index ") published by the
13 United States Department of Labor, Bureau of Labor Statistics.
14 the event said Index as of the anniversary date is higher than
15 said Index for the issuance date, the renewal fee shall be
16 increased effective the anniversary date by multiplying said
17 renewal fee by a fraction, the numerator of which is the Index for
18 the current anniversary date and the denominator of which is the
19 Index existing on the issuance date. There shall be no reduction
20 in fees by operation of this provision.
21 If, in the future, said Index shall be changed so that
22. the base year differs from that used as of the date of
23 commencement of the term hereof, it shall be converted in
24 accordance with the conversion factor published by the United
25 States Department of Labor, Bureau of Labor Statistics. In the
26 event said Index is discontinued or revised during the term of
27 this agreement, such other governmental Index or computation with
28 which it is replaced shall be used in order to obtain
-4-
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
substantially the same result that would be obtained if said
present
Index had not been discontinued or revised.
SECTION 7: Additional Terms and Consideration.
In consideration of the right to
maintain valves and other appurtenances
Alameda Avenue and a fiber optic system
Pipeline, the Franchisee shall perform
conditions:
install, operate, and
in the median strip of
in conjunction with the
and meet the following
(a) Franchisee shall install, maintain and
repair in the median strip of Alameda Avenue signs for the "City
of Vernon" as shown on Exhibit B which is attached hereto and made
a part hereof by reference. Such signs shall be so constructed to
provide a barrier to protect the Pipeline valves and appurtenances
in said median strip from damage by any vehicle or other
instrumentality.
(b) Franchisee shall reserve for the City of
Vernon a single two -fiber optical cable or portion of a cable in
Alameda Street from the northern city limit to Slauson Avenue with
designated access points, all as shown on Exhibit C which is
attached hereto and made a part hereof by reference.
fibers shall include the right to interconnect to any similar
fiber reserved by Franchisee for any county, city, or other agency
whether governmental or private along the route of the Pipeline,
either inside or outside the boundaries of the City of Vernon.
SECTION 8: Insurance.
Franchisee shall secure and keep in full force and effect
at all times during the term of this Franchise general liability
insurance in the amounts determined by the City Council of the
Use of such
-5-
1 City of Vernon on an annual basis. Franchisee shall maintain
2 worker's compensation and employee's liability coverage in
3 accordance with state law.
4 Franchisee shall file proof of such general liability
5 insurance and proof of worker's compensation insurance or
6 authorized worker's compensation self - insurance with the City
7 Clerk. Proof of general liability insurance shall include the
8 following:
9
10
11
12
13
14
15
16
17
18.
19
20
21
22
23
24
25
26
27
28
(a) A certificate of insurance.
(b) An endorsement naming the City of Vernon,
its officers, and employees as additional named insureds under
such policy(ies).
(c) An endorsement covering operations performed
pursuant to this Franchise.
(d) An endorsement providing the City of Vernon
thirty (30) days written notice of cancellation or material
reduction of coverage.
(e) A notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true and
correct and that the signator is an officer authorized to so
certify.
SECTION 9: Performance Bond.
The grant of this Franchise is effective only upon
further consideration that Franchisee shall file with and shall
thereafter at all times during the life of this Franchise keep on
file with the City of Vernon a faithful performance bond in the
penal sum of One Hundred Thousand Dollars ($100,000.00), the
-6-
1 amount of which shall at the request of the City of Vernon b
2 subject to an increase in accordance with the Consumer Price Index
3 cited in Section 4, above.
4 SECTION 10: Reasonable Care.
5 Franchisee shall exercise reasonable care in inspecting,
6 testing, maintaining, and repairing the Pipeline in first class
7 condition to the satisfaction of the State Fire Marshal, the State
8 Department of Transportation, and the City of Vernon.
9 SECTION 11: Permits.
10 Franchisee shall obtain all necessary Federal, State, and
11 local permits, including City of Vernon health permits, and no
12 repair or construction to the Pipeline shall be performed except
13 in accordance with the provisions of Chapter 22 of the Vernon City
14 Code pertaining to encroachments to the extent they are not in
15 conflict with any paramount authority of the State or Federal
16 government.
17 SECTION 12: Termination for Non -User.
18 In the event that Franchisee shall fail to utilize the
19 Pipeline covered by this Franchise for a consecutive period of six
20 (6) months, the City Council of the City of Vernon shall have the
21 right, at its sole discretion, to declare this Franchise
22 terminated.
23 SECTION 13: Assignment.
24 Franchisee shall not sell, transfer, assign, or lease
25 this Franchise, or any part hereof, or any of the rights,
26 obligations or privileges granted hereby to any person,
27 partnership, joint venture, agency, entity, corporation, or public
28 utility, unless approved by resolution of the City Council.
-7-
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 14: Termination for Failure to Perform.
In the event Franchisee shall fail to keep, fulfill or
perform any of the terms or conditions of this Franchise and shall
fail to commence remedying such default within thirty (30) days
after written notice from the City, and to complete such remedy
within sixty (60) days of such written notice or such other time
as may be approved in writing by the City Administrator, the City
may declare this Franchise terminated. Upon such declaration of
termination and failure to remedy such default, this Franchise
shall be cancelled and all of the rights and privileges of
Franchisee under this Franchise shall be surrendered, and the City
may thereafter exclude Franchisee from further use of the street
under this Franchise.
SECTION 15: Safety Requirements.
The Pipeline shall meet the safety requirements of the,
California Pipeline Safety Act of 1981 (Government Code Section
51010, et sea.) and /or the United States Hazardous Liquid Pipeline
Safety Act (49 U.S.C. Section 2001, et seq.), whichever is
applicable, or any successor provisions. Franchisee shall comply
with all valid regulations and orders issued under either Act, as
applicable. Failure to comply with any lawful order of the State
Fire Marshal or any other authorized public officer shall
constitute a default.
SECTION 16: Statutory Requirements.
Franchisee shall file and maintain with the City of
Vernon, in accordance with Government Code Section 51015, a map or
set of maps showing the location of the Pipeline, a description of
all products transported in the Pipeline, and a contingency plan
-8-
1 for Pipeline emergencies. In accordance with Vernon City Code
2 Section 22.85, the map or set of maps shall each be drawn to a
3 scale of not less than one inch to two hundred feet, showing in
4 detail the plan location, size and kind of installation of all
5 underground encroachments, whether currently in use or abandoned
6 in place. A corrected map or set of maps, each drawn to such
7 scale, shall be filed annually with the traffic engineer and shall
8 include all installations made during the previous year. Failure
9 of the Franchisee to comply with the above instructions shall
10 constitute a default.
11 SECTION 17: Conformity to Rules.
12 The Franchisee shall construct, install, and maintain the
13 pipeline and appurtenances in accordance and in conformity with
14 all of the ordinances and rules adopted by the City Council and
15 not in conflict with any paramount authority of the State or
16 Federal government.
17 SECTION 18: Underground Service Alert.
18 Franchisee shall become a member agency of Underground
19 Service Alert and perform all duties as required by said agency.
20 SECTION 19: Repair and Restoration.
21 Upon notice from the traffic engineer, Franchisee shall
22 promptly repair or restore at its own cost and expense, to the
23 satisfaction of the City of Vernon, any damage caused to any
24 street, alley or other public or private property, in the City of
25 Vernon by reason of any breaks, or failure of the facilities
26 constructed, maintained, or operated under this Franchise; and if
27 Franchisee shall fail to comply with any instructions of the City
28 relative thereto within ten (10) days after the service of written
-9-
1 notice upon Franchisee requiring compliance therewith, then the
2 City may immediately do whatever work is necessary to carry out
3 said instructions at the cost and expense of said Franchisee,
4 which costs by the acceptance of this Franchise, said Franchisee
agrees to pay upon demand. Upon failure of Franchisee to pay,
6 City shall have an independent cause of action for recovery
7 against the Franchisee, the performance bond, and /or the policies
8 of insurance required by this Franchise.
9 SECTION 20: Suspension for Disaster.
10 In case of a serious earthquake or disaster, operations
11 of said facilities shall be suspended immediately. Only after a
12 thorough physical check of the entire facilities by a maintenance
13 crew of Franchisee shall operations be resumed. Franchisee shall
14 provide the City with the opportunity to have a City inspector
15 present at such check of the facilities.
16 SECTION 21: Relocation.
17 If, at any time during the term of this Franchise, it
18 becomes necessary to remove or relocate the Pipeline in order to
19 accommodate a construction project performed by or on behalf of
20 the City of Vernon, Franchisee shall at its own cost and expense
21 promptly remove or relocate said facilities.
22 SECTION 22: Removal of Encroachment.
23 In the event of the termination of this Franchise for any
24 cause, Franchisee shall at its own cost and expense, remove the
25 encroachment facilities. This provision shall not be applicable
26 during such period as Franchisee may be negotiating with the City
27 of Vernon for renewal of this Franchise. If Franchisee fails to
28 remove the encroachment facilities, City shall have the right to
-10-
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
remove them at Franchisee's sole expense and shall have recourse
for recovery of costs against the Franchisee and /or the
performance bond.
SECTION 23: Liability.
Franchisee shall be solely responsible and liable for any
ground or water contamination resulting from leakage or breakage
of the Pipeline, whether past, present, or future. Franchisee
shall clean up, remove and replace any contaminated soil; shall
satisfy any lawful order of a court of law or a Federal, State, or
local official regarding such contamination whether issued against
Franchisee or the City, its officers, or employees; and shall
preserve and save harmless the City and each officer and employee
thereof from any liability or responsibility therefor and from any
costs or attorney's fees arising therefrom.
SECTION 24: Indemnification.
Franchisee shall preserve and save harmless the City and
each officer and employee thereof from any liability or
responsibility for any accident, loss or damage to persons or
property happening or occurring as a proximate result of the
operation and /or maintenance of the Pipeline or the construction
or repair thereof.
SECTION 25: Notices.
All official communications, notices, and demands shall
be transmitted or delivered to the parties at the following
addresses or at such other address as may be given in writing to
the other party. If deposited in the United States Mail, delivery
shall be deemed to have taken place five (5) days thereafter.
///
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF VERNON:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058 -0805
PACIFIC PIPELINE SYSTEM, INC.:
Pacific Pipeline System, Inc.
101 South First Street, Suite 407
Burbank, CA 91502
SECTION 26: Severance.
, subsection, sentence, clause, phrase or
is for any reason held to be invalid or
decision shall not affect the validity of
of this ordinance; it being the intention
If any section
word of this ordinance
unconstitutional, such
the remaining portions
of the City Council of the City of Vernon to pass and adopt this
ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that one or more of the sections,
subsections, clauses, sentences or phrases thereof may be declared
to be invalid or unconstitutional.
SECTION 27: Publication.
There being no newspaper printed, published or circulated
in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this ordinance and shall post the same,
or cause the same to be posted, within fifteen (15) days after its
passage in accordance with Section 36933 of the Government Code,
in three (3) of the most public places in the City of Vernon, to
wit: the northwest corner of 38th Street and Santa Fe Avenue, the
northeast corner of Leonis Boulevard and Pacific Boulevard, and on
the bulletin board in the lobby of the City Hall of said City,
located at 4305 Santa Fe Avenue, all in the City of Vernon, County
-12-
1 of Los Angeles, State of California.
2 SECTION 28: Effective Date.
3 This ordinance shall be in full force and effect thirty
4 (30) days from and after its passage by the City Council.
5 APPROVED AND ADOPTED this 20 day of May , 1997.
6
ii4Ed_1-mai
7 LEONIS C. MA►:URG, M.yor
8 ATTEST:
/
BRUCE V. MALKENHORST, City Clerk
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-13-
1
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
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 Ordinance, being
Ordinance No. 1046 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on
Tuesday, May 6, 1997, and thereafter finally adopted at a regular
meeting of said City Council held on Tuesday, May 20
1997, and thereafter was duly signed by the Mayor of the City of
Vernon, by the following vote:
AYES: 5 Councilmen: Malburg, Ybarra, Gonzales,
Davis, McCormick
(SEAL)
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
BRUCE V. MALKENHORST, City Clerk
-14-
Information to be entered when assigning new
agreement# to system.
CATEGORY (circle one only) : L & P, GAS
AGREEME
GENERAL
R LICENSE
#1. A pp roval date: 6-lad 9 7 #1a. A
reement #
",/ 0/Y-
#2.
Title of Agreement: F CUYA tsp. r�o rr�a
#3. Effective Date: (if different from approval date) (9, a t 1 q i
#4. Expiration Date: (if applicable) Co I MI a Dad.
OR
#5. Expiration Date: NONE
:AgrmntData