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RES-2017-082RESOLUTION NO. 2017- 0 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT A FRANCHISE WITH CARDINAL PIPELINE, L.P., FOR THE RIGHT TO MAINTAIN AND OPERATE A SYSTEM OF PIPELINES FOR OIL, GAS AND OTHER SUBSTANCES IN KNOTT AVENUE AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AMENDMENT WHEREAS, Cardinal Pipeline, L.P. submitted an application for non-exclusive franchise dated December 9, 2014 (the "Application") to provide a pipeline for the transportation of oil, gas and other substances in Knott Avenue; and WHEREAS, the City Council of the City of Anaheim has considered and weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03 of Title 1 of the Anaheim Municipal Code, and has determined that the proposed extension and amendments to the Franchise are in strict compliance with the Charter of the City and all applicable laws, and does hereby make the following findings with regard to said: 1. That Franchisee is interested in operating a pipeline for the transportation of gas, oil and other substances in Knott Avenue; and 2. The proposed franchise will improve the services in this is an oil pipeline passing through the City of Anaheim and the Franchisee has determined that this pipeline and associated franchise will help improve efficiency and redundancy to serve the residents of California; and 3. That the term and proposed service territory of the requested non-exclusive Franchise is as set forth in the Application and have been considered and weighed by the City Council in its determination; and 4. That Franchisee has the ability to provide economic, reliable service to its customers in its service territory; and 5. That Franchisee has the ability under the requested Franchise to provide service without unduly interfering with existing facilities using the public streets or rights-of-way or using the public streets or rights-of-way; and 6. That the proposed ordinance approving the Franchise will not, to the best of Anaheim's information and belief, affect the financial obligations of Franchisee, and will not affect the ability of Franchisee to obtain future financing; and 7. That the proposed Franchise will have both short and long term benefits by improving existing pipeline through upgrades and maintenance and also by improving safety for residents of Anaheim and also the environment by reducing possibility of any potential issues that may arise with the pipeline; and 8. That the proposed Franchise will benefit the health, welfare and safety of Anaheim and its residents by upgrading and maintaining the existing pipeline running through the City of Anaheim and the ability to respond to any emergency for the existing pipeline. With no pipeline, crude oil would be transported by truck or rail, thereby creating a larger impact to the residents of the City of Anaheim. WHEREAS, the Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the proposed Franchise is exempt from CEQA pursuant to Public Resources Code section 15284 (Pipelines) of Title 14 of the California Code of Regulations, because it can be seen with certainty that there is no possibility that the Franchise will have a significant effect on the environment. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve the Application of Cardinal Pipeline, L.P. and does hereby declare its intention to adopt an Ordinance granting a non-exclusive franchise (the "Franchise") to the Cardinal Pipeline, L.P. to provide for the transportation of oil, gas and other substances in Knott Avenue within the limits of the City of Anaheim. BE IT FURTHER RESOLVED that the terms and conditions of the proposed Franchise are included within a proposed uncodified ordinance which ordinance incorporates Exhibit "A" (the Application and Proposal of the Cardinal Pipeline, L.P). Copies of the proposed uncodified ordinance, including Exhibit "A" thereof, are available for public review in the Office of the City Clerk located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid grant of Franchise to Cardinal Pipeline, L.P or having any objection to the adoption thereof may appear before the City Council and be heard thereon at a public hearing to be held at 5:30 o'clock P.M. on July 25, 2017, in the Chambers of the City Council located in the City Hall at 200 South Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this resolution twice, within fifteen days of the passage hereof, in the Anaheim Bulletin. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6 th day of June , 2017 by the following roll call vote: AYES: Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: Mayor Pro Tem Vanderbilt ABSTAIN: None CITY OFEIM By -7/ �. MA OR OF THE CITY OF ANAHEIM AT ST: G(.'Je CI CLERK OFT CITY OF A AHEIM 121211 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-082 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of June, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Vanderbilt IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of June, 2017. (SEAL)