Resolution No. 6180
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RESOLUTION NO. 6180
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DETERMINING THE APPEAL BY THE
SOUTHERN CALIFORNIA GAS COMPANY HEARD BY THE
CITY COUNCIL ON OCTOBER 29, 1992 AND ADOPTING
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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WHEREAS, the Southern California Gas Company ("Gas
6 Company") applied for the issuance of an encroachment permi t
7 pursuant to Ordinance no. 607 ("the franchise"), to install a new
8 26-inch gas pipeline along a route under Downey Road on May 28,
9 1992; and
10 WHEREAS, the Director of Community Services and City
11 Engineer, Victor H. vaits, previously determined that the Gas
12 Company's application and required drawings were deficient and
13 incomplete; and
14 WHEREAS, the Gas Company filed a writ of mandate action
15 (Los Angeles superior Court Case No. BS017468) on June 24, 1992,
16 seeking a court order commanding the issuance of an encroachment
17 permit; and
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WHEREAS, the Superior Court previously denied the Gas
19 Company's motion for a writ of mandate, finding that the Gas
20 company' s application and required drawings were incomplete and
21 that the Gas Company first must exhaust its administrative
22 remedies; and
23 WHEREAS, the Gas Company supplemented its May 28, 1992
24 application and required drawings, chiefly through submitting
25 profile plans of the route of its proposed pipeline on August 27,
26 1992; and
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WHEREAS, the Assistant to the Director of Community
28 Services and civil Engineer, S. Kevin Wilson, sent a letter to the
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Gas Company on september 22, 1992, in which he notified the Gas
Company that the City Engineer had determined that the proposed
aliqnment of the Gas Company's pipeline was in conflict with the
proposed alignment of a reclaimed water pipeline and that the gas
pipeline must be redesigned to avoid the conflict; and
WHEREAS, the Gas Company filed an appeal by letter on
october 1, 1992, objecting to the City Engineer'S determination,
asserting that the proposed gas pipeline had priority over the
proposed reclaimed water pipeline, and appealing for the issuance
of an encroachment permit as applied for on May 28, 1992; and
WHEREAS, the City Council conducted a public hearing
regarding the Gas Company's appeal on October 29, 1992, and
WHEREAS, at the public hearing, the city Engineer
presented his report, with documents as exhibits, and testified;
and
WHEREAS, as part of the City Engineer'S presentation, the
City Administrator and the City Attorney both presented letters,
with documents as exhibits, and the City Engineer presented the
testimony of Cameron A. Raether; and
WHEREAS, the City Attorney's letter to Mr. vaits (Exhibit
R of his report) indicated that the city Attorney believed that
sufficient grounds exist for the City council to rescind the Gas
Company's franchise and deny the appeal on that basis; and
WHEREAS, the Gas Company presented five volumes of
documents and the testimony of David H. Carroll; and
WHEREAS, the Central Basin Municipal Water District
("Water District") presented documents and the testimony of Tom
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1 Love; and
2 WHEREAS, after hearing the testimony and receiving the
3 documents as evidence, the City Council closed the hearing and took
4 the matter under submission, reviewed the testimony and documents
5 which had been received, and deliberated concerning the issues
6 presented.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 CITY OF VERNON AS FOLLOWS:
9 SECTION 1: The City council of the city of Vernon hereby
lO finds and determines that the recitals contained hereinabove are
II true and correct.
12 SECTION 2: The City Council of the city of Vernon hereby
13 renders its decision as follows:
14 A. Adopts certain findings of fact and conclusions of
l5 law regarding the central issues presented by the appeal, which
16 Findings of Facts and Conclusions of Law are submitted concurrently
17 herewith and made a part hereof;
18 B. Approves the Notice of Rescission and Offer to
19 Restore, rescinds the franchise, and instructs the City Clerk to
20 send said Notice to the Gas Company immediately; and
21 C. Denies the Gas company's appeal, based upon its
22 conclusions regarding the following central issues presented by the
23 Findings of Fact and Conclusions of Law and the Notice of
24 Rescission:
25 1. As of October 1, 1992, the date the appeal was filed,
26 the Gas Company's application and required drawings were deficient
27 and incomplete.
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The City may prefer the alignment of the Water
2 District's proposed pipeline in a certain location under City
3 streets to the alignment of the Gas company's proposed pipeline in
4 the same location, so that the Gas Company must change its
5 alignment.
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3. The Water District's alignment was prior in time to
7 the Gas Company's alignment, so that the Gas Company must change
8 its alignment.
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4. Because the city has rescinded the franchise, the Gas
10 Company may not install a large new pipeline.
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SECTION 3: The City Clerk of the city of Vernon shall
12 certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 10th day of November, 1992.
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THOMAS A. YB , Mayor Pro Tem
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MALKENHORST, City Clerk
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BRUCE V.
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of
4 Vernon, do hereby certify that the foregoing Resolution, being'
5 Resolution No. 6180, was duly adopted by the city Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Tuesday, November 10, 1992, and thereafter was duly
8 signed by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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