HomeMy Public PortalAbout2009 CC RES 09-082RESOLUTION NO. 09 -082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, DELINEATING CERTAIN
LOCATIONS FOR THE INSTALLATION AND OPERATION OF
PIPELINES OR OTHER FACILITIES IN CONNECTION WITH A
NONPUBLIC UTILITY PIPELINE FRANCHISE GRANTED TO
PARAMOUNT PETROLEUM CORPORATION
The City Council of the city of Carson (the "City Council ") hereby finds and resolves:
Section 1. Recitals.
A. On October 20, 1992, the City Council adopted Ordinance No. 92 -992 granting to
GATX Terminals Corporation (GATX) a twenty -five (25) year franchise (GATX Franchise) to
construct, lay, operate, maintain, use, renew, repair, replace, remove, change the size and number
of, and remove or abandon in place a pipes and pipelines for conducting, transporting, conveying
and carrying oil, gas, petroleum, wet gas, hydrocarbon substances, water, waste water, mud,
steam and other liquid substances not more hazardous than the aforesaid substances on, along, in,
under and across designated public streets, ways, alleys and places within the city of Carson.
B. On October 6, 1992, the City Council passed Resolution No. 92 -081, delineating
certain locations for the installation and operation of pipelines or other facilities in connection
with the GATX Franchise.
C. On January 22, 2002, the City Council passed Resolution No. 02 -003,
acknowledging the corporate name change of GATX and assignment of the GATX Franchise to
Kinder Morgan Tank Storage Terminals LLC (Kinder Morgan).
D. On September 17, 2002, the City Council adopted Ordinance No. 02 -1253
granting to Kinder Morgan a twenty -five (25) year franchise (Kinder Morgan Franchise) to
construct, lay, operate, maintain, use, renew, repair, replace, remove, change the size and number
of, and remove or abandon in place a pipes and pipelines for conducting, transporting, conveying
and carrying oil, gas, petroleum, wet gas, hydrocarbon substances, water, waste water, mud,
steam and other liquid substances not more hazardous than the aforesaid substances on, along, in,
under and across designated public streets, ways, alleys and places within the city of Carson.
E. On August 20, 2002, the City Council passed Resolution No. 02 -089 delineating
certain locations for the installation and operation of pipelines or other facilities in connection
with the Kinder Morgan Franchise.
F. On November 1, 2002, Paramount Petroleum Corporation, a Delaware
corporation, acquired from Kinder Morgan 4,665 feet of a 10 -inch pipeline (GX -145 pipeline).
Resolution No. 09 -082
Page 2 of 17
G. On July 6, 2004, the City Council adopted Ordinance No. 04 -1314, granting to
Paramount Petroleum Corporation, a Delaware corporation (Franchisee) a twenty -five (25) year
nonpublic utility pipeline franchise (Paramount Franchise) to construct, lay, operate, maintain,
use, renew, repair, replace, remove, change the size and number of, and remove or abandon in
place a pipes and pipelines for conducting, transporting, conveying and carrying oil, gas,
petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam and other liquid
substances not more hazardous than the aforesaid substances on, along, in, under and across
designated public streets, ways, alleys and places within the city of Carson.
H. On June 1, 2004, the City Council passed Resolution No. 04 -056, delineating the
locations for the installation and operation of pipelines or other facilities in connection with the
Paramount Franchise.
I. On May 3, 2005, the City Council passed Resolution No. 05 -052, which
superseded Resolution No. 04 -056 in its entirety, delineating the locations for the installation and
operation of pipelines or other facilities in connection with the Paramount Franchise.
J. On June 15, 2007, Franchisee acquired from Kinder Morgan 13,195 feet of an 8-
inch pipeline (GX -130 pipeline), which is the entirety of the GATX Franchise, and 4,014 feet of
a 10 -inch pipeline (GX -140 pipeline), which is a portion of the Kinder Morgan Franchise.
K. Ordinance No. 04 -1314 provides that the Franchisee may, as approved from time
to time by Resolution of the City Council, lay or construct from time to time, and may maintain,
operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the
collection, transportation or distribution of oil, gas, gasoline, petroleum, wet gas, hydrocarbon
substances, water, wastewater, mud, steam and other liquid substances not more hazardous than
the aforementioned substances, together with all manholes, valves, appurtenances and service
connections necessary or convenient for the operation of such pipes or pipelines including
conduits, cathodic protection devices, wires, cables and other appurtenances necessary or
convenient for the exercise of the Franchisee's business, in, under, along or across any and all
streets within the city of Carson.
L. Pursuant to Carson Municipal Code Section 6818, no owner of a pipeline
franchise shall transfer or sell such franchise except with the consent of the City Council. The
City Council may approve a transfer or sale upon written request for the consent of the City
Council and filing of duly executed instruments of transfer.
M. Franchisee filed with the City an application to request the City Council's consent
for approval of the transfer of the GX -130 and GX -140 pipelines and filed with the City duly
executed instruments of transfer.
N. The City Council has considered the request from Franchisee and has determined
that the transfer is in the public interest.
Resolution No. 09 -082
Page 3 of 17
Section 2. Consent to Transfer. The City Council consents to the transfer of the
GX -130 and GX -140 pipelines to Franchisee. Except for the approval of the transfer to
Franchisee, the provisions of the Paramount Franchise shall continue in full force and effect.
Section 3. Location of Pipelines. The City Council finds that the public interest
would be served by allowing the installation and operation of pipelines and appurtenant facilities
limited to those certain streets, highways, roads, alleys and other public places dedicated to
public use shown on the map attached hereto as Exhibit "A" and legally described as set forth in
Exhibit `B" attached hereto. Exhibit "A" and Exhibit `B" are incorporated herein by reference.
Section 4. Footage of Pipelines. The City Council finds that the public interest
would be served by allowing the installation and operation of pipelines and appurtenant facilities
for the Paramount Franchise limited to the following sizes and lengths, as more fully described in
Exhibit `B ":
Pipeline Size/Name Pipeline Franchise Length
8 -inch (GX -130 pipeline) 13,195 feet
10 -inch (GX -140 pipeline) 4,014 feet
Total: 17,209 feet
Section 5. Approval of Installation and Operation. The installation and operation of
pipelines as nonpublic utility pipelines is approved within the limitations stated in Sections 3 and
4, above. The pipelines authorized herein are in addition to the pipelines and appurtenant
facilities authorized by Resolution 05 -052.
Section 6. Pipeline Acquisitions; Previous Franchises Amended or Repealed.
A. The City Council previously passed Resolution 02 -089 to delineate the
locations of pipelines and facilities to be installed and operated under the Kinder Morgan
Franchise. Furthermore, Resolution No. 02 -089 was not also amended to reflect the sale
of GX -145 to Franchisee in 2002. Therefore, in order to reflect the decrease in footage of
pipeline operated by Kinder Morgan by the sale of the GX -145 pipeline in 2002 and the
sale of the GX -140 pipeline in 2007, Section 3 entitled "Footage of Pipelines" in
Resolution 02 -089 is amended to read as follows:
"Section 3. Footage of Pipelines. The City Council finds that the public
interest would be served by allowing the installation and operation of
pipelines and appurtenant facilities limited to the following sizes and lengths:
Resolution No. 09 -082
Page 4 of 17
Pipeline Name /Size Pipeline Franchise Length
4 -inch 85 feet
6 -inch 9,819 feet
8 -inch 50 feet
10 -inch 20,974 feet
12 -inch 265 feet
16 -inch 225 feet
24 -inch 85 feet
Total: 31, 503 feet"
Furthermore, Franchisee shall be responsible for and pay any arrears in franchise
fees owed to the city by the acquisition of the pipelines from the date of acquisition to the
present.
B. The City Council previously passed Resolution 02 -003 and approved the
assignment to Kinder Morgan of the GATX Franchise granted under Ordinance No. 92-
992 and Resolution No. 92 -081. Because Franchisee acquired from Kinder Morgan the
GX -130 pipeline, which is the entirety of the GATX Franchise, Ordinance No. 92 -992
and Resolution No. 92 -081 are hereby repealed in their entirety, and the bond associated
therewith shall be returned to Kinder Morgan.
Section 7. CEQA. The pipelines which are the subject of the Paramount Franchise were
previously owned and operated by Franchisee and its predecessor under Ordinance Nos. 92 -992,
02 -1253, and 04 -1314. The Franchisee will continue use of the pipelines as previously approved,
and therefore, this franchise amendment is exempt from the requirements of California
Environmental Quality Act as a Class 1 Categorical Exemption, Existing Facilities, pursuant to
Section 15301 of the CEQA Guidelines.
PASSED, APPROVED and ADOPTED this 4th day of August, 2009.
ATTEST:
City Clerk Helen S. Kawagoe
APPROVED AS TO FORM:
City Attorney 1V�1 iam W. Wynder
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
Resolution No. 09 -082
Page 5 of 17
Mayor Jim Dear
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council is five; that the foregoing resolution, being Resolution No.
09 -082 was duly and regularly adopted by said Council at a regular meeting duly and regularly held
on the 4th day of August, 2009, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Resolution No. 09 -082
Page 6 of 17
EXHIBIT "A"
PARAMOUNT PETROLEUM CORPORATION
NONPUBLIC UTILITY PIPELINE FRANCHISE
PIPELINE LOCATION MAP
[On Following Pages]
Resolution No. 09 -082
Page 7 of 17
405 FR.E
GXc 140 Pipelil
Paramount Petroleum Corporation
GX -130 and GX -140 Pipelines
48'tR009 0100710015169875.04
n -aim em s um w
rc•rc.rce 'ru 3411017•
.o■•rc[ n 1x1' 1131'.
hIi[Im 100 I6 'Ixco x04
Resolution No. 09 -082
Page 8 of 17
7
Resolution No. 09-082
Page 9 of 17
ci -0! own 23`.
111.•ItOCII 113.1Y,
CI
'51
imaxas
5
■It
1.33a1.5
"1
wz
ns
III-0(.11. :W0 330 IMOD PC,I
»TIIRC VI HO MI.
1331116 FLLBIZI
wu .
.k -on.o de a Iwo w.
Resolution No. 09 -082
Page 10 of 17
33
°-Resolution No. 09 -082
Page I I of 17
x,: r
a {{i
gj
ill
zi
O V "
II
rAagd
.M
urS
� LiiWS WtIZ� R
N
d:,
1.
�,r 1 l °'r'.
c� -arrro va
L
IIr
I~
L.
a „ i
II-OPI 0 'MO 335
b0 +80! S'O
bn+bOL 53 3NIIHOiv
!
a
9
s
5
5
Resolution No. 09 -082
Page 12 of 17
a° 5 !i
O.
E
W
Z
�G§
=I;
0
v
}
1
Resolution No. 09-082
Page 13 of 17
zs fin
4f
gi
- ; t
•
. •;
4rri:
0t-09IN0 'MO 315
1,5+550 '5'0
vraGCZ S Nni-ta1ow
60.602 5I 3Nilliatvn
50•1505 7'0
01-0•1%0 DhSC 335
Resolution No. 09-082
Page 14 of 17
5 5
t
1
1:
g
P
1 i
• •
1
Resolution No. 09 -082
Page 15 of 17
EXHIBIT `B"
PARAMOUNT PETROLEUM CORPORATION
NONPUBLIC UTILITY PIPELINE FRANCHISE
PIPLELINE LOCATION LEGAL DESCRIPTIONS
[On Following Pages]
Resolution No. 09 -082
Page 16 of 17
PARAMOUNT PETROLEUM CORPORATION
DESCRIPTION OF PIPELINES
8 -INCH LINE - GX —130 LINE
The pipeline originates approximately 20 feet north of the center line of 212t Street and
approximately 20 feet east of the center line of Moneta Street. From its origination point,
the pipeline traverses in a southerly direction in Moneta Street for approximately 6,567
feet. At this point, the pipeline turns in an eastward direction in 228th Street and traverses
for approximately 179 feet, at which point the pipeline turns southward for approximately
20 feet, at which point the pipeline enters Mobile Oil Corporation right -of -way. Within
the Mobil parcel, the pipeline continues southward for approximately 723 feet, at which
point it enters private right -of -way. Within the private right -of -way parcel, the pipeline
continues in a southward direction for approximately 423 feet, at which point the pipeline
enters the jurisdictional street limits of the city of Carson at 231s` Street for approximately
73 feet, at which point the pipeline enters private right -of -way. The pipeline continues in
a southerly direction in the private right -of -way for approximately 307 feet, at which
point the pipeline enters the jurisdictional street limits of the city of Carson at 232nd
Street for approximately 20 feet, at which point the pipeline turns eastward for
approximately 40 feet, at which point the pipeline turns in a southward direction for
approximately 1,079 feet in Moneta Street. At this point, approximately 10 feet south of
the center line of 235th Street, the pipeline turns eastward in 235th Street for
approximately 36 feet, at which point the pipeline turns in a southerly direction for
approximately 20 feet, at which point the pipeline enters private right -of -way. Within the
private right-of-way, the pipeline continues southward for approximately 92 feet, at
which point the pipeline turns in a westward direction for approximately 173 feet, at
which point the pipeline turns southward in the private right -of -way for approximately 94
feet. Thence continuing southward the pipeline enters Moneta Street approximately 10
feet east of the center line and within the jurisdictional street limits of the city of Carson
for approximately 621 feet, at which point the pipeline enters L. A. County Sanitation
District No. 8 right -of -way. At this point the pipeline continues in a southward direction
within the Sanitation District right -of -way for approximately 901 feet, at which point the
pipeline continues southward crosses Sepulveda Boulevard within the jurisdictional street
limits of the city of Carson for approximately 93 feet. At a point approximately 40 feet
south of the center line of Sepulveda Boulevard, the pipeline turns in a westward
direction for approximately 971 feet, at which point the pipeline turns in a southerly
direction approximately 30 feet east of the center line of Figueroa Street. The pipeline
traverses in a southward direction in Figueroa Street for approximately 3,476 feet, at
which point the pipeline enters the cit of Los Angeles franchise.
The total footage within the jurisdictional street limits of the city of Carson consist of
11195 feet of 8 -inch diameter pipeline, more or less.
01007'0015'6Q875 04
Resolution No. 09 -082
Page 17 of 17
10 -INCH PIPELINE - GX -140
Exiting Kinder Morgan Tank Storage Terminals LLC's Carson Terminal at the southwest
comer of the property, the pipeline traverses westward and northward across Alameda
Street under the jurisdictional street limits of the city of Carson for approximately 50 feet,
at which point the pipeline leaves the jurisdictional street limits of the city of Carson.
The pipeline then re- enters the jurisdictional street limits of the city of Carson at a point
approximately 20 feet north of the center line of Lomita Boulevard approximately 50 feet
west of Union Pacific Railroad's right -of -way. At this point, the pipeline turns westward
and continues along Lomita Boulevard for approximately 1,526 feet, at which point the
pipeline crosses the Atchison, Topeka & Santa Fe Railroad right -of -way for
approximately 130 feet, thence the pipeline re- enters the jurisdictional street limits of the
city of Carson continuing westerly along Lomita Boulevard for approximately 2,438 feet,
at which point the pipeline turns southward and exits the jurisdictional street limits of the
city of Carson and enters the jurisdictional street limits of the cit of Los Angeles.
The total footage within the jurisdictional street limits of the city of Carson consists of
4,014 feet of 10 -inch pipeline, more or less.
01007/0015169875.04