HomeMy Public PortalAboutOrd. 1464CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1464
FOLLOWS:
A ORDINANCE OF THE CITY OF LYNWOOD AMENDING
CHAPTER 17 OF THE LYNWOOD MUNICIPAL CODE
RELATING TO PIPELINE FRANCHISES
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
Section 1. The first sentence of Section 17-2 of
Chapter 17 of the Lynwood Municipal Code is amended in its
entirety to read as follows:
"Every pipeline franchise granted by the City is
subject to the rules, regulations, restrictions, terms,
and conditions of this chapter; provided, however, that
if the ordinance granting a franchise to a franchisee
specifies terms and conditions that augment, modify, or
waive the terms and conditions set forth in this
chapter, the provisions of that ordinance will be
deemed to be controlling."
Section 2. The first sentence of Section 17-8 of
Chapter 17 of the Lynwood Municipal Code is amended in its
entirety to read as follows:
"If, after being awarded a franchise, a nonpublic
utility franchisee qualifies with the California Public
Utilities Commission as a public utility, that
franchisee may not, unless otherwise authorized by
state law, continue to operate under the franchise
unless it obtains the consent of the Council."
Section 3. The first sentence cf Section 17-29 of
Chapter 17 of -the Lynwood Municipal Code is amended in its
entirety to read as follows:
"In connection with any City work of improvement
specified in Section 17-43, if the franchisee, after
reasonable notice, fails or refuses to relocate,
permanently or temporarily, its facilities that are
located in, on, upon, along, under, over, across, or
above any street, or to pave, surface, grade, repave,
resurface, or regrade a street as required under any
provision of the franchise, then the City may cause
that work to be done."
Section 4. Section 17-26 of Chapter 17 of the Lynwood
Municipal Code is amended in its entirety to read as follows:
"17-26. Hazardous Substances. Prior to the issuance
of an excavation permit for the construction or
installation of a new pipeline for the transportation
of a hazardous substance in a gaseous state, or for the
transportation of hazardous liquid substances or highly
volatile liquid substances, the following conditions
must be satisfied, as applicable:
a. With regard to pipelines for the
transportation of a hazardous substance in a gaseous
state, approval must be obtained from the Fire Chief.
This approval will be based upon a determination that
no undue fire hazard will threaten life or property in
any areas of the City where the proposed pipeline will
be located. In making this determination, the Fire
Chief must consider and report upon the following:
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1• The type of substance in a gaseous state
that is to be transported in the pipeline.
2. The density of population or structural
development in the areas of the City where the pipeline
will be located.
3. The adequacy of water supplies for fire
suppression purposes.
4. The availability of public fire
protection facilities.
5. The number and location of shut-off
valves in the pipeline.
b. With regard to pipelines for the
transportation of hazardous liquid substances or highly
volatile substances, including hydrocarbon substances,
the franchisee must, unless preempted by paramount
state or federal law, submit to the Director copies of
documents previously submitted to the State Fire
Marshal evidencing the following:
1. That the new pipeline is designed to
accommodate the passage of instrumented inspection devices,
and has leak mitigation and emergency response plans and
equipment as may be required by the State Fire Marshal, as
provided for in Section 51013 (b) of the California
Government Code.
2. That the newly constructed pipeline will
be tested in accordance with Subpart E (commencing with
Section 195.300) of Part 195 of Title 49 of the Code of
Federal Regulations, as provided for in Section
51013.5(a) of the California Government Code.
3. That the franchisee will notify the
State Fire Marshal and the Lynwood Fire Department at
least three working days prior to conducting a
hydrostatic test required by the Elder California
Pipeline Safety Act of 1981 (Government Code §§ 51010
et sea.), as provided for in Section 51014.3 of the
California Government Code.
4. That the franchisee will provide to the
Lynwood Fire Department a map or suitable diagram
showing the location of the pipeline, a description of
all products to be transported within the pipeline, and
a contingency plan for pipeline emergencies that
includes, without limitation, any reasonable
information that the State Fire Marshal may require, as
provided for in Section 51015(a) of the California
Government Code.
5. That the franchisee will be available to
meet with the Fire Chief of the Lynwood Fire Department
at least once each calendar year to discuss and review
contingency plans for pipeline emergencies, as provided
for in Section 51015 (c) of the California Government
Code.
6. That, with regard to any portion of the
proposed pipeline that is within 500 feet of any rail
line in the City, the franchisee will be in compliance
with all applicable regulations adopted by the State
Fire Marshal governing the construction, testing,
operations, periodic inspection, and emergency
operations of intrastate hazardous liquid pipelines, as
provided for in Section 51015.2 of the California
Government Code.
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7. That the franchisee will comply with all
applicable regulations of the State Fire Marshal that
establish procedures for maintaining, testing, and
inspecting mainline valves and check valves on the
intrastate hazardous liquid pipeline, as provided for
in Section 51015.4 of the California Government Code.
8. That the franchisee will be in
compliance with all applicable guidelines and
regulations of the State Fire Marshal relating to the
spacing of valves on new pipelines so as to limit
spillage from surrounding higher ground into standard
metropolitan statistical areas and environmentally
sensitive areas, as provided for in Section 51016 of
the California Government Code.
9. That the franchisee will immediately
report to the Lynwood Fire Department, as well as the
office of Emergency Services, every rupture, explosion,
or fire involving the pipeline, including the testing
of such pipeline, as provided for in Section 51o18(a)
of the California Government Code."
Section 5. The second sentence of Section 17-27 of
Chapter 17 of the Lynwood Municipal Code is amended in its
entirety to read as follows:
"The Council may approve, by resolution, the location
of the facilities as requested by the franchisee in its
application for a franchise, which resolution may be
adopted concurrently with the adoption of an ordinance
granting the franchise. The locations of additional
facilities, if any, must be approved by subsequent
resolutions of the Council."
Section 6. Subsection 2 of paragraph b of Section
31 of Chapter 17 of the Lynwood Municipal Code is amended by
deleting the second sentence of that subsection, which reads
follows:
"If the franchise is for a nonpublic utility pipeline
for industrial gas or oil or products thereof, the fee
modification must be made in accordance with the
provisions of California Public Utilities Code Section
5231.5(e)."
Section 7. The first sentence of Section 17-43 of
Chapter 17 of the Lynwood Municipal Code is amended in its
entirety to read as follows:
"As authorized by Section 6297 of the California Public
Utilities Code, the City reserves the right to change
the grade, alignment, or width of any public street,
way, alley, or place over which the franchise is
granted, including the construction of any subway or
viaduct."
17-
as
Section 8. Section 17-51 of Chapter 17 of the Lynwood
Municipal Code is amended in its entirety. to read as follows:
"17-51. Approvals. No excavation permit for a
pipeline to be constructed or installed in accordance
with the franchise may be issued unless the franchisee
has complied with all applicable provisions of
paragraph b of Section 17-26 relating to pipelines for
the transportation of hazardous liquid substances or
highly volatile liquid substances. This requirement
does not apply to emergency situations, such as those
involving the mitigation of pipeline ruptures, spills,
or leaks."
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Section 9. The first sentence of Section 17-60 of
Chapter 17 of the Lynwood Municipal Code is amended in its
entirety to read as follows:
"The franchisee of any franchise awarded to a mutual
water company, or to a public utility (other than a
public utility operating a pipeline system transmitting
oil or products thereof), must file a report with the
Director for each franchise payment period."
Section l0. The City Clerk is directed to certify the
passage and. adoption of this ordinance and to cause it to be
published or osted as re fired bb la
Firs read at a recrga~ar r7eet~ng o~'the City Council of said City
held on the 16th day of -SEPTFMBE92,1997 and finally ordered published at
a reoulzr meetinn of _';~ `:ouncil`helc! on tho 7TF# d~•~ nr i!!:T!?~FR, 1997
t PAUL H. RICHARDS, II, MAYOR
ATTEST:
1'
ANDREA L. HOOPER, C TY CLERK
APPROVED AS TO FORM:
Vila:.. ~. ~..da~,
CITY ATTORNEY
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STATE OF CALIFORPTIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that
the above and foregoing is a full, true and correct copy of Ordinance No. 1464 on
file in my office and that said ordinance was adopted on the 7TH day of
OCTOBER , 19 97 ,and passed by the following vote:
AYES: COUNCILMEMBER BYRD, HENNING, RICHARDS
NOES:
NONE
ABSENT: COUNCILMEMBER REA
City Clerk, City of Lynwood