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Resolution No. 2024-017RESOLUTION NO. 2024-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON EXTENDING THE FRANCHISE AGREEMENT WITH PACIFIC PIPELINE SYSTEM, INC. SECTION 1. Recitals. A. On April 8, 1997, the City Council adopted Resolution No. 6937 declaring its intention to grant a Franchise to Pacific Pipeline System, Inc. (Franchisee) to install, maintain and operate a pressurized steel pipeline and appurtenances in and under Alameda Street in the City of Vernon. B. On May 20, 1997, the City Council adopted Ordinance No. 1046 granting a Franchise to Franchisee to install, maintain and operate a pressurized steel pipeline and appurtenances in and under Alameda Street in the City of Vernon for a term of twenty- five (25) years. C. On July 5, 2000, Pacific Pipeline Systems notified the City that 96 feet of 20” crude oil pipeline and a control cabinet on the median were constructed in the City’s right-of- way under the Vernon Franchise. The Franchise term expired on May 20, 2022. D. On November 15, 2021, the Public Works Department received a written request from the Franchisee to extend the Franchise for an additional term of twenty-five (25) years. E. Pursuant to Section 4 of Ordinance No. 1046 and upon written request by Franchisee, the City Council has the discretion to extend the Franchise by resolution, without a public hearing, for one additional term of twenty-five (25) years. F. The City Council wishes to extend the Franchise for an additional twenty-five (25) years pursuant to Section 4 of Ordinance No. 1046, effective May 21, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council hereby finds that this action is categorically exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15301, because it consists of the maintenance, repair or minor alteration of existing facilities and equipment and involves negligible or no expansion of an existing use. Docusign Envelope ID: 9FE25377-1172-4FE1-9BD7-1CFFED2FF623 Resolution No. 2024-017 Page 2 of 2 _______________________ SECTION 4. Effective May 21, 2022, the City Council hereby approves the extension of the Franchise to Pacific Pipeline System, Inc. for an additional twenty-five 25) years. SECTION 5. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED August 20, 2024. JUDITH MERLO, Mayor ATTEST: YONNIE PAKER, Deputy City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT RESOLUTION NO. 2024-017 was passed and adopted by the City Council of the City of Vernon at the Regular Meeting on August 20, 2024, by the following vote: AYES: 3 Council Members: Larios, Rivera, Ybarra NOES: 0 ABSENT: 2 Council Members: Lopez, Merlo ABSTAIN: 0 YONNIE PARKER, Deputy City Clerk seal) Docusign Envelope ID: 9FE25377-1172-4FE1-9BD7-1CFFED2FF623 City Council Agenda Report Meeting Date:August 20, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Lissette Melendez, Project Engineer Subject Extension of Franchise Granted to Pacific Pipeline System, Inc. Recommendation A. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15301, because it consists of the maintenance, repair or minor alteration of existing facilities and equipment and involves negligible or no expansion of an existing use; and B. Adopt Resolution No. 2024-017 finding and determining that the public interest and necessity require the time extension of Ordinance No. 1046 Granting a Franchise to Pacific Pipeline System, Inc. to maintain and operate a pressurized steel pipeline and appurtenances in and under Alameda Street. Background On May 20, 1997, the City of Vernon adopted Ordinance No. 1046 granting a franchise to Pacific Pipeline System, Inc. to install, maintain and operate a pressurized steel pipeline and appurtenances in and under Alameda Street. This Franchise was granted for a term of twenty- five years and with the possibility to request a time extension for an additional twenty-five years at the end of its first term by a resolution of the City Council without a public hearing. In 1999, Pacific Pipeline System installed approximately 96 feet of twenty-inch diameter, insulated, pressurized steel petroleum pipeline, and a control cabinet in the median on Alameda Street to transmit oil and oil products. During the term of this franchise, Pacific Pipeline System has been making annual payments in accordance with the California Public Utilities Code Section 6231.5 and per Ordinance No. 1046. Pacific Pipeline states that there have not been any oil spills or leaks in the pipeline during the term of the agreement. According to their records, in 2008, a protective composite wrap was installed around the line to repair external corrosion. Pacific Pipeline has provided records of their annual payments from 2007 to 2024. Ordinance No. 1046 expired in May 2022. Pacific Pipeline requested the extension in 2021 but the franchise extension was delayed until Pacific Pipeline provided maintenance and fee information requested by the City. The requested information was provided in July 2024 so the extension could proceed. The Public Works Department recommends the adoption of Resolution No. 2024-017 extending the agreement for 25 years. Fiscal Impact Approval of the extension of Ordinance No. 1046 will result in the continued annual payment from the franchisee resulting in additional revenue to the General Fund Franchises and Agreements Account No. 011-410-000-410300 estimated at $212.05. The franchise fee will be computed and increased annually by the September Consumer Price Index for the area as cited in the California Public Code Section 6231.5. Attachments 1. Resolution No. 2024-017 2. Renewal Request 3. Ordinance No. 1046