ORD 426U ORDINANCE NO. 426U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GRANTING AN EXTENSION
TO SOUTHERN CALIFORNIA GAS COMPANY OF A PREVIOUSLY GRANTED RIGHT,
PRIVILEGE, AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR
TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES IN, ALONG,
ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS AND ALLEYS WITHIN THE
CITY OF RANCHO PALOS VERDE AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council finds:
1.1 On September 20, 1955, the Board of Supervisors of the County of Los
Angeles (the "County") adopted Ordinance No. 6765 ("LA County Ordinance No 6765") granting to
Southern California Gas Company (the "Gas Company") the right, privilege, and franchise (the
"Original Franchise") to lay, construct, erect, install, operate, maintain, use, repair, replace, and
remove pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators,
valves, conduits, attachments, and other appurtenances for transmitting and distributing gas for any
and all purposes under, along, across, over or upon the highways, ways, and alleys of
unincorporated Los Angeles County for a period of fifty(50)years.
1.2 The City of Rancho Palos Verdes (the "City") subsequently incorporated, and
the territorial limits of the City include former portions of the unincorporated County that were
included in the Original Franchise area. Upon the City's incorporation, the administration and
authority to extend or renew the Original Franchise with respect to the newly incorporated area
transferred to the City.
1.3 The City is empowered by the Franchise Act of 1937 (Division 3, Chapter 2 of
the Public Utilities Code of the State of California) to grant franchises for the transmission and
distribution of gas and to prescribe the terms thereof.
1.4 The Original Franchise expires at 11:59 p.m. on October 21, 2005. The City
and the Gas Company have commenced negotiations under the Franchise Act of 1937 and are
currently in the process of negotiating a new franchise agreement (the "New Franchise"). As of the
date of this Ordinance, the parties have not reached final agreement on the terms of the New
Franchise.
1.5 The City desires to extend the term of the Original Franchise for a period of
60 days in order to allow the parties to complete their negotiations with respect to the New
Franchise.
Section 2. The City hereby extends the term of the Original Franchise for a
period of 60 days, through and including December 21, 2005. Except as otherwise provided in this
Ordinance, all terms and conditions set forth in LA County Ordinance No. 6765 shall remain in full
force and effect during the extension of the term granted herein.
Section 3. The Gas Company is a quasi-public utility that supplies natural gas
service within the boundaries of the City. The gas service to the City's residents must be continued
without interruption in order to protect the public health, safety and welfare of the residents therein
and the general public. Therefore, it is necessary to extend the Original Franchise pending the
completion of negotiations and the granting of a new franchise to the Gas Company. In order for the
gas service to continue without interruption of service, the City must grant a new franchise before the
expiration of the Original Franchise. The Original Franchise is set to expire at 11:59 p.m. on October
21, 2005, and the parties have not reached final agreement on the terms for a new franchise. There
is insufficient time for the parties to complete these negotiations and adopt an ordinance granting a
new franchise before the Original Franchise expires. Further, there is insufficient time for this
ordinance granting an extension to the term of the Original Franchise to become effective without a
single reading and immediate effectiveness. It is therefore urgent that the extension of the franchise
term become effective immediately to prevent an interruption in the gas service provided by the Gas
Company to the City's residents. An interruption in such service is of great public concern. The
residents rely on natural gas for cooking, heating, and other necessities of daily life. It is imperative
that the gas service to the City's residents be continued without interruption in order to protect the
public health, safety and welfare of the residents therein and the general public. This ordinance is
necessary for the immediate preservation of the public health, safety and welfare, declares the facts
constituting the urgency, and is passed by at least a four-fifths vote of the City Council. Accordingly,
this measure is adopted immediately upon introduction pursuant to Government Code Section
36934 and shall take effect immediately pursuant to Government Code Section 36937(b).
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance, or the application thereof to any person or place, is for any reason held to
be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the
validity of the remainder of this ordinance. The City Council hereby declares that it would have
adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section 5. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the provisions
of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting, to be entered in the Book of Ordinances of the Council of this City.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2005.
410 f
Mayor
Attest:
Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Ordinance No.
426U was duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on October 18, 2005, and that the same was passed and adopted by the following roll call vote:
AYES: Gardiner, Long, Stern,Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
Cit ,leek
Ordinance No. 426U
Page2 of 2
RANCHO VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on October 19, 2005, she caused to be posted the following document
entitled: ORDINANCE NO. 426U —AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES GRANTING AN EXTENSION TO SOUTHERN CALIFORNIA GAS
COMPANY OF A PREVIOUSLY GRANTED RIGHT, PRIVILEGE, AND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING GAS FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON
AND UNDER THE PUBLIC STREETS, WAYS AND ALLEYS WITHIN THE CITY OF
RANCHO PALOS VERDE AND DECLARING THE URGENCY THEREOF, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
en.msze-,-. 1:'-ix - )
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 426U-Extension to Southern California Gas Franchise.doc