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Resolution No. 6937 r '- . - 1 RESOLUTION NO. 6937 2 3 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 4 5 6 7 WHEREAS, the City Council is authorized by city Charter Section 8.9 to grant a franchise in the City of Vernon to any 8 9 person, firm, corporation, or other entity and to set terms 10 conditions, restrictions and limitations by ordinance; and 11 WHEREAS, Pacific Pipeline System, Inc. is a Delaware 12 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 13 14 15 of California; and 16 WHEREAS, Pacific Pipeline System, Inc. has applied for a 17 franchise to place a twenty-inch (20"), insulated, pressurized 18 steel pipeline under and in a portion of Alameda Street in the City of Vernon and to transmit or distribute such petroleum oil or 19 20 products through it; and 21 WHEREAS, said pipeline will have an above-ground valve located in the median strip of Alameda Avenue protected by 22 23 concrete barriers, and will include an associated fiber optics 24 cable to which the City of Vernon will have access; and WHEREAS, California Public utilities Code section 6232 25 26 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 27 28 ... .,. , 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 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 StatementlSubsequent 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- -' 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 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. 1// III III -3- 1 2 ... - SECTION 6: The City Clerk of the City of Vernon shall 3 certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. 4 5 6 7 ATTES~ /~- BRUCE V. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 8th day of April, 1997. //~ MALKENHORST, City Clerk -4- ~~ ~ .. EONIS C. MAL ~-;~r · .... .. 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 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. 4 5 6 7 8 9 /I BRUCE V. 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- ~^ITY COUNCIL DAVID B. BREARLEY LEONIS C. MALBURG City Attorney Mayor FAX: (818) 330-5818 THOMAS A. YBARRA KEVIN WILSON Mayor Pro-Tem Director of Community Services & Water FAX: (213) 588-2761 Wm. "BILL" DAVIS Councilman KENNETH J. DeDARIO Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 Councilman W. MICHAEL McCORMICK DAVE TELFORD Councilman Fire Chief CITY HALL FAX: (213) 581-1385 BRUCE V. MALKENHORST LOUIS ROSENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 May 1, 1997 City Council City of Vernon Honorable Members: 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: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson Director 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 25t'' 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. ~ = ~ ~ c E ~ v E ~ APR 2 1 1997 Community Services April 16, 7.997 Samuel Kevin Wilson, Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CFA 9.0058 Subject: Pipeline Franchise Franchise Fee, Insurance and Bond Dear Mr. Wilson: 'Enclosed please find a check in the amount of 5406.00 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, o as .Boone TMR/nc encl: i F:\WPWIN\MSWORD\FRANCH60.DOC 101 SOUTH FIRST STREET, SUITE 407, F1URE3AtlIK, CALtEORlutA 9150?.. (:~00) 9F7-~'F3%' Es"~~~; --Z, I 'f . fi~~l . T~r - ` 2053 ROONEY ENGINEERING, INC. (818)556-2744. 101 SOUTH FIRST ST., STE. 407 9191=119 BURBANK, CA 91502 DATE ~ ~ 1221(1) PAY TO THE _ _ ORDER OF ~Z~~ O'F ~~C CZ,~ O T.~ ~ ,[~,0~~ DOLLARS WELLS FARGO BANK R 11'00205311'=~:122LOL~9L~:0693 6574 511' B~ _ DETACH AND RETAIN THIS STATEMENT ROONEY ENGINEERING, INC. IF~NOT CORREOTCPLEEASE T60TiFY USEPROM Pi YEM NO RECEIPT DESIRED. DELUXE FORM DVC-2 V-2 DATE DESCRIPTION AMOUNT '~I'~-/a 1`-~G1y ISM v-z ~5 , - - - - t,': - - ~i C/` -CITY COUNCIL DAVID B. BREARLEY w aL..w~pV LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem n Water Wm. "BILL" DAMS + 1 Councilman ~O r H. "LARRY" GONZALES Councilman V W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRAN~iZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 April 3, 1997 City Council City of Vernon Honorable Members: 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 ~ ruly your~`~`` Bruce V. Malkenhorst City Clerk April 3, 1997 TO: Bruce V. Malkenhorst, City Administrator FROM:- 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 1 RESOLUTION NO. 6937 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING ITS INTENTION TO GRANT A FRANCHISE TO PACIFIC PIPELINE SYSTEM, INC. TO 4 INSTALL, MAINTAIN AND OPERATE A PRESSURIZED STEEL PIPELINE AND APPURTENANCES IN AND UNDER 5 ALAMEDA STREET IN THE CITY OF VERNON, CALIFORNIA 6 WHEREAS, the City Council is authorized by City Charter 7 Section 8.9 to grant a franchise in the City of Vernon to any 8 person, firm, corporation, or other entity and to set terms 9 conditions, restrictions and limitations by ordinance; and 10 WHEREAS, Pacific Pipeline System, Inc. is a Delaware 11 corporation and a public utility transmitting and distributing 3,,2 petroleum oil or products by means of pipes and appurtenances 13 subject to Section 6202 of the Public Utilities Code of the State 14 of California; and 15 WHEREAS, Pacific Pipeline System,-Inc. has appl'i'ed for a 16 franchise to place a twenty-inch (20"), insulated, pressurized 17 steel pipeline under and in a portion of Alameda Street in the 18 City of Vernon and to transmit or distribute such petroleum oil or 19 products through it; and 20 WHEREAS, said pipeline will have an above-ground valve 21 located in the median strip of Alameda Avenue protected by 22 concrete barriers, and will include an associated fiber optics 23 cable to which the City of Vernon will have access; and 24 WHEREAS, California Public Utilities Code. Section 6232 25 requires that the City Council adopt a resolution declaring its 26 intention to grant the franchise, .stating-the character of the 27 franchise, setting forth a notice of the day, hour, and place when. 28 1 and where all persons having any objection to the granting .thereof 2 may appear before the City Council and be-heard thereon (which day 3 shall be not less than twenty nor more than sixty days after 4 passage of the resolution), and directing the City Clerk to 5 publish the notice at-least once within fifteen days after the 6 passage of the resolution in a newspaper of general circulation; ~ and 8 WHEREAS, Pacific Pipeline System, Inc., will initially 9 pay an annual franchise fee for the pipeline in the amount of Two 10 Hundred Three Dollars and No Cents ($203.00) being the fee 11 established by California Public Utilities Code Section 6231.5, 12 and will pay a like amount for the privileges of installing and 13 maintaining the valve in the median strip and .installing and 14 maintaining a fiber optic .cable; for a total fee of Four Hundred 15 S:ix Dollars and No Cents ($406.00) per year; and 16 WHEREAS, California Public Utilities Code Section 6233 17 requires the notice of the public hearing to state the amount of 18 the annual franchise fee, to state that in the event payment of 19 .such fee is not made, the franchise will be forfeited, and to 20 designate the term of the franchise; and 21 WHEREAS, as a responsible agency under the California 22 Environmental Quality Act (CEQA), the City of Vernon is required 23 to review the Final Environmental Impact Statement/Subsequent. 24 Environmental_Lmpact Report for ..the proposed.. pipeline project and 25 to approve the findings and a statement of overriding 26 considerations, and CEQA Guidelines Section 15202(b) recommends 27 that .environmental review be included in the hearing on the 28 project. -2- 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION l: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are 5 true-and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 declares its intention to adopt "An Ordinance of the City Council 8 of the City of Vernon Granting a Franchise to Pacific Pipeline 9 System, Inc. to Install, Maintain and Operate a Pressurized Steel 10 pipeline and Appurtenances in and under Alameda Street in the City 11 of Vernon, California", which Ordinance shall have a term of 12 twenty-five (25) years. 13 SECTION 3: The City Council of the City of Vernon hereby 14 sets a hearing on the adoption of said Ordinance on May 6, 1997, 15 at 5:00 p.m. in the City Council Chambers at 4305 Santa Fe Avenue, 16 .Vernon, CA 90058-0805, or at such time thereafter as the matter 17 -may be heard. 18 SECTION 4: .The City Council will consider the Final 19 Environmental Impact Statement/Subsequent Environmental Impact 20 Report and a Statement of Overriding. Consideration at the same 21 hearing. 22 SECTION 5: .The City Clerk is directed to publish a 23 notice containing the information required within fifteen (15) 24 days after the passage of this resolution in a newspaper of _25 general circulation. 25 27 28 -3- 1 SECTION 6: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in fula force and effect. 4 APPROVED AND ADOPTED this 8th day of April, 1997. 5 _s/Leonis C. Malburg 6 LEONIS C. MALBURG, Mayor 7 ATTEST: 8 s/Bruce V. Malkenhorst BRUCE V. MALKENHORST, City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 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. 6937, 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, April 8, 1997, and thereafter was duly 8 signed by the Mayor of the City of Vernon. 9 10 sf Bruce V. Malkenhorst BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 Page FINDINGS l 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 2~ 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 Ghat 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 a~s 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");.afield 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. ot• 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 indifferent 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 oiI 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 astate-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 2 PPSI -MITIGATION A4EASURES 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 199.1.. 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 - n1ITIGATION A•tEASURES in November 1994. In addition, four newsletters were mailed. to the project mailing .list and to repository sites and amulti-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 b0-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 •an~lyzes 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 Fina] EIS/SEIR; 4 PPSI -MITIGATION t•IEASURES . (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 21.002..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 (PM,o) 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 - i11ITIGA`TION 1\1);ASURES 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 sail 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 sail 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 - RIITIGATION ~1.1EASURES 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 rnitigable (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 t{te 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. 7 PPSI - R9ITIGATION 111CASURES 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 ]egad 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 8 PPSI - 11]ITLGATION MEASURES 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. B-V-4* .Revise .and implement the Applicant's Erosion. Control, Revegetation, and Landscaping Plan. The plan describes a .series of erosion control measures that may beused at .the discretion. of he construction-phase environmental supervisors working. far 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 approvedmeasures would not be permitted without the writtenapproval 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 xo 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 rriitigation measures B-V-1 through B-V-S. 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 9 PPS[ - A~IITIGATIO\` ~IEASURI:S 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. B-V-9* .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-Verlion, and the City Council hereby incorporates these measures, into the Project. B-`'V-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 area 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 toxehabilitate 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 requirethat 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 - D~IITIGATION 11GASUR)?S 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 Strearnbed Alteration Agreement. requirements. B-AQ-2 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. y B-AQ-4 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. B-AQ-S Include in the Oil- Spill Contingency Plan (System Safety Mitigatiori 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 measw•es 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 I'PSI - A'11TIGATION 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 (CRNIP) 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 1vlanagement 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 1'or .all areas not 12 PI'SI - 19TTIGATION ti1EASURES 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 locale archaeology .pursuant to relevant Federal, State, and county standards and guidelines. The. archaeologist. shall be accompanied by a Native American surveyor trained in recognizingarchaeological 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 tlae resource's 13 - PPSI - 1~71TIGATIOti 17LASURGS 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 y • 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 Federat 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 cgmpliance 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 asite-specific mitigation plan by local, State, and Federat agencies before any archaeological mitigation or construction begins. 14 PI'SI - 119ITIGATION AIEASURES A data recovery plan, including asite-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 techriiques planned to obtain data in the field • Laboratory and analytic procedures necessary to ]ink 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 - 111ITIG~\TION i~iG~\SUR1;S C-10 An archaeologist and Native American :observer, approved. by CPUC and ANF shall participate in the design and review of the OiI Spill Contingency Plan (OSCP) and implementing cleanup measures as contained in Mitigation Measure SS-13, Oil Spill Contingency Plan. y 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. fore all project-related activities that would .disturb the surface or subsurface constituents-of an archaeological site.. Agood-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 fora 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 n1GASURGS 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 - 1111TIC~~TION ~91rASURCS . EC-1 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.S-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. EC-2 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 RQW shall cause- medium potential sites 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 conswction area, landfill J?as migration to the trench should be evaluated. To assess potentially hazardous levels of toxic or explosive uses (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. EC-4 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 - M1T]Gr\'I'ION 1IEASURES 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 plane prepared by a certified Industrial Hygienist specifying site monitoring and personal protective equipment. EC-6 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.. EC-7 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 - A1ITIGATION 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 lever 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: athird-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 om 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 pipingassociated with water delivery and drainage. This adverse (Class II) impact can be mitigated by contacting agricultural owners as construction crews - - - - ..approach to find .the locationyof 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 - 11ITIGATION 1~1EASURES 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 ]east 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 PPS[ - 111ITIGATIUN MEASURES L-7 The Applicant shall include in the Oil Spill Continency Plane (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 disc}osure 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 - 1\tITIGATION ~4GASURES 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 alT 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 aCPUC/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 aCPUC/ANF-approved construction. monitor. N-3 Establish an S00 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_ ~3 PPSI - )\IiTICATION nI1rASURES 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. AlI 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 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 PRNIP 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. PA-2 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. PA-3 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. PA-4 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 reg?onal 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 PI'51_-MITIGATION P4LASURES 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). PA-5 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 invertebrate 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 dua•ing 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 pipe}ine 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 I'PSI - ~1IT1C,\"rION ~1G~ISURI;S impending activity,. thus allowing them to determine exact location of utilities prior to construction activities. Several planned disruptions of utility lines would occur for afew 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 anon-potable water would be used; whenever available, for dust suppression and for hydrostatic testing of all pipeline sections, resulting in anon-significant (Class III) impact upon water resources and water providers. P-0* - 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.. P-1* 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 ~6 PPSI -MITIGATION 1~1EASURES 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. SOCIOECONOd7ICS 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 PPSI -MITIGATION nll:ASUR)?S SP-4 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. SP-5 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. SP-6 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. Pot 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 lan~zuage that clearly sets the requirements for construction debris recyclin 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 YPSI - A•IITIG~~TION 11'I1rASURES 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 lifetimeincidents 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 Iuptures over the entire length of the pipeline: The ]~azards 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 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. SS-2 -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 - n1ITIGATION A4GASURGS . SS-3 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. SS-4 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.) SS-7 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 astate-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 astate-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, sand within six months for moderate defects. SS-9 .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 !~1EASURES 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 tams, 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 auto?i7atically 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-S 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 - n4ITIGATION n9EASURES 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 shou]d 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 oi] only and. at an average flow rate of 1.30,000 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 HZS 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 I'PSI - 1\11TIGATION 1\IE~ISURES , 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. SS-6 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 IViarshal. 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-S, and B-W-6 in Section C.3.2.2.5). Revie~~~ of OSCP: The OSCP will be subject to review by the California State Fire Marshal, California llepartment 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 fora 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 streamchannels, 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 PPS1 - I~fITIGATION ~1EASURES 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 .PPSPs .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 - n41TICATION i\-tEASURES 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-S). (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 proliibitina use of heavy construction equipment in these areas shall be required. y 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 spilt 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 n~ILASURES 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 Continency 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 afull-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, anon- 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 PIan 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 au hority 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 PYSI - ;`11TIGATION i~1EASURES • 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 wide. igns 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 flaggers, 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 1'PSI - i1ITIGATION l\IEASURES 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. y 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 1Vleasure 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 constructior (see also Mitigation Measure C-16 regarding protection of the OId 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 PI'SI - ~11TIGA'I'l01' i~ILASURES 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 Spi11 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 faci ity 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 (iVlitigation 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 - A•IITIGATION l\IGASURES 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 imp ement 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 LOI+j'-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 - ntITICATION ~IEASURI;S . 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 sha17 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 1~1EASURES 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 shaT] 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. I1.1L-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 ademographic -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 Spi}1 C.ontin~~ency 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 PPST - 1141TIGATION AI1?ASURES • 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.). Iy1L-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. 1\-1L-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 t11e 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 [he 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 I'I'SI -MITIGATION n1L'ASURES • 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 he 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 EPIC 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 s~riificant 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 - AIITICATION 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) A11 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 OFFICE OF TI3E CITY CLERK INTER-OFFICE MEMORANDUM s l DATE: May 29, 1997 ~S T0: Martha Valenzuela, Office Manager - Finance FROM: Gloria J. Orosco~ief 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 corporation and a public utility transmitting and distributing S 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. 26 and/or the City of Vernon; and 1 WHEREAS, the City Council of the City of Vernon pursuant 2 to Section 6232 of the California Public Utilities Code adopted 3 Resolution No. 6837 on April 8, 1997, declaring its intention to 4 grant this franchise and setting a public hearing, notice of which 5 was published in the Metropolitan News on April 18, 1997, and the 6 public hearing held on May 6, 1997; and 7 WHEREAS, the City Council is authorized by City Charter 8 Section 8.9 to grant a franchise in the City of Vernon to any 9 person, firm, corporation, or other entity and to set terms 10 conditions, restrictions and limitations by ordinance. 11 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 12 SECTION 1: Findings. 13 The City Council of the City of Vernon hereby finds and 14 determines that the recitals contained hereinabove are true and 15 correct. ' 16 SECTION 2: Grant of Franchise. 17 A franchise (hereinafter "Franchise") shall be, and the 18 same is hereby, granted by the City Council of the City of Vernon 19 to the Pacific Pipeline System, Inc. (hereinafter "Franchisee") to 20 maintain and operate approximately three .hundred seventy-five 21 (37.5) feet of twenty inch (20") diameter, insulated, pressurized 22 steel petroleum pipeline (hereinafter "Pipeline") in and under a 23 portion of Alameda Street in the City of Vernon, including valves 24 and other appurtenances in the median strip of Alameda Street, for 25 the purpose of transmitting oil and oil products. The Franchisee 26 shall also have the right to install, operate and maintain a fiber 27 optics communication system in conjunction with the Pipeline. 28 -2° 1 SECTION 3: Location. 2 The Franchise is identified and shall be located as shown 3 on the engineer's drawing marked Exhibit "A" attached hereto-and 4 made a part hereof by reference and further described as follows: 5 p,lameda Streets Beginning at the north boundary of the City of Vernon approximately 30 feet east 6 of the west City boundary and continuing -south for a distance of 225 feet, at 7 which point Franchisee will install a valve in the median strip, then 8 continuing south 120 feet and turning west 30 feet to the west boundary of the 9 City of Vernon. 10 SECTION 4• Term of Actreement. This Franchise is granted 11 for a term of twenty-five (25) years from and after the date 12 hereof. Upon request in writing by the Franchisee, this Franchise. 13 maybe extended for an additional term of twenty--five (25) years 14 by resolution of the City Council without public hearing. Such 15 extension shall be at the sale discretion of the-City. Council. 16 SECTION 5: Terms and Conditions. 17 The City Council of the City. of Vernon hereby grants this 18 Franchise subject to the terms and. conditions set forth in the 19 Code of the City of Vernon, California, 1959, Chapter 13, Article 20 IV, and Chapter 22, Article. VI, to the extent they are not in 21 conflict with any paramount authority of the State or Federal 22 government, and the acceptance hereof shall evidence the 23 Franchisee's agreement to all-terms and conditions of said 24 articles and the additional conditions herein contained. 25 SECTION 6: Franchise Fee. 26 During the term of this Franchise, Franchisee shall pay 27 to the City of Vernon an annual Franchise fee for the pipeline in 28 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. In 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 1 substantially the same result that would be obtained if said 2 present Index had not. been discontinued or revised. 3 SECTION 7: Additional Terms and Consideration. 4 In consideration of the right to install, operate, and 5 maintain valves and other appurtenances in the median strip of 6 Alameda Avenue and a fiber optic system in conjunction with the 7 Pipeline, the Franchisee shall perform and meet the following 8 conditions: 9 (a) Franchisee shall install, maintain and 10 repair in the median strip of Alameda Avenue signs for the "City 11 of Vernon11 as shown on Exhibit B which is attached hereto and made 12 a part hereof by reference. Such signs shall be so constructed to 13 provide a barrier to protect .the Pipeline valves and appurtenances 14 in said median strip from damage by any vehicle or other 15 instrumentality.. 16 (b) Franchisee shall reserve for the City of 17 Vernon a single two-fiber optical cable or portion of a cable in 18 Alameda Street from the northern city limit to Slauson Avenue with 19 designated access points, all as shown on Exhibit C which is 20 attached hereto and made a part hereof by reference. Use of such 21 fibers shall include the right to interconnect to any similar 22 fiber reserved by Franchisee for any county, city, or other agency 23 whether governmental or private along the route of the Pipeline, 24 either inside or outside the boundaries of the City of Vernon. 25 SECTION 8: Insurance. 26 Franchisee shall secure and keep in full force and effect 27 at all times during the term of this Franchise general liability 2S insurance in the amounts determined by the City Council of the -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 ~ Clerk. Proof of general liability insurance shall include the 8 following: 9 (a) A certificate of insurance. 10 (b) An endorsement naming the City of Vernon, 11 its officers, and employees as additional named insureds under 12 such policy(ies). 13 (c) An endorsement covering operations performed 14 pursuant to this Franchise. 15 (d) An endorsement providing the City of Vernon 16 thirty (30) days written-notice of cancellation or material 17 reduction of coverage. 18 (e) A notarized letter from the underwriter or 19 carrier certifying that the coverage and statements in the 20 standard certificate of insurance (attached thereto) are true and 21 correct and that the signator is an officer authorized to so 22 certify. 23 SECTION 9: Performance Bond. 24 The grant of this Franchise is effective only upon 25 further consideration that Franchisee shall file with and shall 26 thereafter at all times during the life of this Franchise keep on 27 file with the City of Vernon a faithful performance bond in the 28 -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 be 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 SECTION 14: Termination for Failure to Perform. 2 In the event Franchisee shall fail to keep, fulfill or 3 perform any of the terms or conditions of this Franchise and shall 4 fail to commence remedying such default within thirty (30) days 5 after written notice from the City, and to complete such remedy 6 within sixty (60) days of such written notice or such other time ~ as may be approved in writing by the City Administrator, the City 8 may declare this Franchise terminated. Upon such declaration of 9 termination and failure to remedy such default, this Franchise. 10 shall be cancelled and all of the rights and privileges of 11 Franchisee under this Franchise shall be surrendered, and .the City 12 may thereafter exclude Franchisee from further use of the street 13 under this Franchise. 14 SECTION 15: .Safety Requirements. 15 The Pipeline shall meet the safety requirements of the, 16 California Pipeline Safety Act of 1981 (Government Code Section 17 510.10, et sea.) and/or the United States Hazardous Liquid Pipeline 18 Safety Act. (49 U.5.C. Section 2001, et se whichever is 19 applicable, or any successor provisions. Franchisee shall comply 20 with all valid regulations and orders issued under either Act, as 21 applicable. Failure to comply with any lawful order of the State 22 Fire Marshal or any other authorized public officer shall 23 constitute a default. 24 SECTION 16: Statutory Requirements. 25 Franchisee shall file and maintain with the City of 26 Vernon, in accordance with Government Code Section 51015, a map or 2°7 set of maps showing the location of the Pipeline, a description of 2S 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 _g_ 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 5 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 24 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 2S remove the encroachment facilities, City shall have the right to -10- 1 remove them at Franchisee's sole expense and shall have recourse 2 for recovery of costs against the Franchisee and/or the 3 performance bond. 4 SECTION 23: Liability. 5 Franchisee shall be solely responsible and liable for any 6 ground or water contamination resulting from leakage or breakage 7 of the Pipeline, whether past, present, or future. Franchisee 8 shall clean. up, remove and replace any contaminated soil; shall 9 satisfy any lawful order of a court of law or a Federal, State, or 10 local official regarding such contamination whether issued against 11 Franchisee or the City, its officers, or employees; and shall 12 preserve and save harmless the City and each officer and employee 13 thereof from any liability or responsibility therefor-and from any 14 costs or attorney's fees arising therefrom. 15 SECTION 24: Indemnification. 16 Franchisee shall preserve and save harmless the City and 17 each officer and employee thereof from any liability or 18 responsibility for any accident, loss or damage to persons or 19 property happening or occurring as a proximate result of the 20 operation and/or maintenance of the Pipeline or the construction 21 or repair thereof. 22 SECTION 25: Notices. 23 All official communications, notices, and demands shall 24 be transmitted or delivered to the parties at the following 25 addresses or at such other address as may be given in writing to 26 the other party. If deposited in the United States Mail, delivery 27 shall be deemed to have taken place five (5) days thereafter. 28 -11- 1 CITY OF VERNON: 2 City Clerk City of Vernon 3 4305 Santa Fe Avenue. Vernon, CA 90058-0805 4 PACIFIC PIPELINE SYSTEM, INC..: 5 Pacific Pipeline System, Ina. 6 101 South First Street, Suite 407 Burbank, CA 91502 7 SECTION 26: Severance. If any section, subsection, sentence, clause, phrase or 9, word of this ordinance is for any reason held to be invalid or 10 unconstitutional, such decision shall not affect the validity of 11 the remaining portions of this ordinance; it being the intention 12 of the City Council of the City of Vernon to pass and adopt this 13 ordinance and each section, subsection, sentence, clause or phrase 14 thereof irrespective of the fact that one or more of the sections, 15 subsections, clauses, sentences or phrases thereof may be declared 16 to be invalid or unconstitutional. 17 SECTION 27: Publication. 18 ublished or circulated There being no newspaper printed, p 19 in the City of Vernon, the City Clerk is hereby directed to 20 certify to the passage of this ordinance and shall post the same, 21 or cause the same to be posted, within fifteen (15) days after its 22 passage in accordance with Section 36933 of the Government Code, 23 in three (3) of the most public places in the City of Vernon, to 24 wit: the northwest corner of 38th Street and Santa Fe Avenue, the 25 northeast corner of Leonis Boulevard and Pacific Boulevard, and on 26 the bulletin board in the lobby of the City Hall of said City, 27 located at 4305 Santa Fe Avenue, all in the City of Vernon, County 2S -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 ~ . 7 LEONIS C. MA URG, M yor 8 ATTEST: / 9 BRUCE V. MALKENHORST, Clty Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- 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 Ordinance, being 5 Ordinance No. 1046 was-duly and regularly introduced at a regular 6 meeting of the City Council of the City of Vernon, held on 7 Tuesday, May 6, 1997, and thereafter finally adopted at a regular 8 meeting of said City Council held on Tuesday, May 20 ~ 9 1997, and thereafter was duly signed by the Mayor of the City of 10 Vernon, by the following vote: 11 AYES: 5 Councilmen: Malburg, Ybarra, Gonzales, 12 Davis, McCormick 13 NOES: 0 Councilmen: None 14 15 ABSENT: 0 Councilmen: None 16 i~ 17 BRUCE V. MALKENHORST, City Clerk 18 19 (SEAL) 20 21 22 23 24 25 26 27 28 -14- Information to be entered when assigning new agreement# to system. CATEGORY (circle one only) : L & P, GAS GENERAL R LICENSE AGREEME . # 1. A royal date: ~co~ ~ ~ # 1 a. A reement # ~ #2. Title of Agreement: ~ 12, r ' #3. Effective Date: (if different from approval date) C~ ~ ~ L q ~ #4. Expiration Date: (if applicable) Cp ~ ~l.©~ c~ D Q2 d. OR #5. Expiration Date: NONE ~a ~ :AgrmntData