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RES-2023-074RESOLUTION NO. 2023- 074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SFPP, L.P., FOR THE RIGHT TO MAINTAIN AND OPERATE A SYSTEM OF PIPELINES FOR OIL, GAS AND OTHER SUBSTANCES IN CERTAIN PUBLIC STREETS WITHIN SAID CITY OF ANAHEIM AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO CONSIDER SUCH FRANCHISE AMENDMENT WHEREAS, SFPP, L.P., has been operating a pipeline in certain public streets pursuant to a franchise granted by the City, which franchise has now expired; and WHEREAS, SFPP, L.P. submitted an application for a new non-exclusive franchise dated May 22, 2023 (the "Application") to continue to operate a pipeline for the transportation of petroleum products in certain public streets within said City of Anaheim; 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 Franchise is 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 currently operating a pipeline for the transportation of petroleum products in certain public streets within said City of Anaheim; and 2. The proposed franchise will improve the services in this is a 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 public as well as private and government agencies; 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 through continued maintenance of existing pipeline and regulated safety measure for the benefit of the general public and 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 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 SFPP, L.P. and does hereby declare its intention to adopt an Ordinance granting a non-exclusive franchise (the "Franchise") to the SFPP, L.P. to provide for the transportation of petroleum products in certain public streets within said 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 of the SFPP, 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 at 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 SFPP, 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 P.M., or as soon thereafter as this matter can be heard, on September 26, 2023, in the Council Chamber of the City Council located at 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. 111 N THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 9 day of August , 2023 by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None ATTEST: CITYVLERK THE CITY OF ANAHEIM 149495 EXHIBIT "A" [Behind this sheet] t`PN PHEW C9�.n 0- 'O >: P ti• 2 u' a �DGNAED \9h^ Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA 92805 TEL: 714.765.5176 FAX: 714.765.5225 City of Anaheim DEPARTMENT OF PUBLIC WORKS PIPELINE FRANCHISE APPLICATION In compliance with the City of Anaheim Municipal Code Chapter 1.03, Franchise Applications, the following information is to be submitted at the time of application along with a deposit of $12,000.00. Please attach a signed copy of this form along with your responses. Please number each response to correspond to the questions listed below. 1. Name, address, phone, email, and fax numbers of applicant. a. SFPP, L.P., a Delaware limited partnership company By: Kinder Morgan Operating L.P. "D", its General Partner 1001 Louisiana Street, Houston, TX 77002 713-369-9000/ www.kindermorgan.com 2. Name, address, phone, email, and fax numbers of agent/contact person. a. Land Agent: Kurtis Johnson, 2319 S. Riverside Ave., Bloomington, CA 92316 Phone: (714) 507-5878 KurtislohnsonPkindermorgan.com b. Land Department (Franchise Fee issues) Land_ROW@ 3. The purpose for which the franchise is desired including the materials or products to be carried. a. The purpose for the Franchise Agreement is for continued placement of steel pipeline and appurtenances for transmission of petroleum products. 4. Any limitations as to time, place or type of service proposed by the applicant a. The pipeline has no discernable end date for use. 5. Duration of proposed franchise agreement. a. Seeking as long an agreement as allowable by the City. 6. Is the applicant a public utility in California? If yes, include evidence of public utility status. If the applicant is pursuing or planning to pursue public utility status provide an explanation of intended status and expected time frame for obtaining intended status. a. SFPP, L.P. is not a public utility but is a common carrier with similar traits to a public utility (right to eminent domain). All status documentation should be known to the City as this is a renewal. 7. In an attachment hereto, identify any and all direct and indirect affiliates of applicant. a. SFPP, L.P. is a wholly owned subsidiary of Kinder Morgan, Inc. 8. Will the applicant use the pipelines requested herein to carry materials or products for an affiliated company, another certified company, or another company? If yes, explain the nature of the materials or products to be carried and identify the companies' involved. The products being transported through the pipeline, will in some ways, be used by several public agencies as well as privately owned companies. a. There is not currently any intentions for the pipeline to be shared with any other company. Delivery of products does reach Airports/Military and without it, these agencies as well as City's and County's will potentially undergo emergency situations. 9. Will the applicant sell or lease the pipeline or other facilities to any other person or entity? If yes, please explain the nature of the use by other persons or entities including materials, products and volumes transported. No direct services are to be applied to the City. a. There are no plans to sell or convey the pipelines to any other person or entity. 10. If the applicant intends to provide services to persons, residents, businesses, or others within the City, please explain the nature of the services and provide a general description of the intended customers. a. Delivery of these products is meant for the public as well as private and government agencies. 11. Will the facilities proposed to be installed or used by the applicant be used by the applicant or any other person or entity for any service NOT specifically authorized by applicant's CPUC certificate? If yes, please provide a full explanation of the services to be carried, the companies involved and the intended customers. a. The facilities will only by used by the applicant. All products are regulated by either PHMSA or Fire Marshall as the regulating agencies. As a Franchise holder, SFPP does operate under CPUC guidelines. 12. List all pending applications and permits issued by the City to applicant (or a related company) which relate directly or indirectly to this application. Also list all pending applications or decisions applied for or granted by other State and Federal agencies which relate directly or indirectly to this application. Include application / permit number, date filed, date issued. a. A project is currently in planning for a relocation of facilities at Manchester Ave. no documentation has been received at this time for permitting. The permitting will entail potholing. After investigation of utilities, plans will be made and a subsequent permit will be filed for traffic control/Encroachment within Manchester Ave and Lincoln Ave. 13. Attach an appropriate scale map to show the route that the pipeline infrastructure takes or will take through the City. Using colors and a clear legend to show the following: (1) the infrastructure that is proposed in the application, (2) above ground facilities, (3) existing infrastructure owned by the applicant (or its affiliate) to which the new facilities will be attached or integrated, (4) To the extent known at the time of filing, the entire infrastructure that is planned for the City. If the map Page 2 scale is too small to show the information clearly, the applicant will be required to supply a larger map. a. See attached (confidential) maps showing all locations within the City including Private/Caltrans/UPRR. SFPP is working on mapping and updated footages for any annexed area as well and will need City public ROW information to complete. 14. Describe the existing pipelines and proposed pipelines that exist or will be installed. Include the volume, pressure and type of substance being transported by the pipeline, the size, date of construction, date of last use, material specifications of the pipeline, maximum pipeline pressure rating, date of most recent inspection, inspection results, date of most recent certification, copy of certification, detailed description of material transported, maximum daily volumes, and certifications from all agencies responsible for permitting and operation of the pipeline facility, as applicable, and evidence of public utility status, if any and the Pipeline Emergency Plan. Provide the following information on any pipeline that will be installed as part of the construction proposed in this application: Will applicant use directional boring to install pipeline? No plans for boring. Will applicant direct bury (trench) the pipeline? Pipeline is installed. Will pipeline be installed for other parties during this construction? Is applicant willing to lease pipeline to other parties? Not currently but possibly Is applicant going to participate in joint trench? Is applicant willing to participate in joint trench? a. Existing lines are: LS-121 (10" Steel) and LS-125/126 (16" Steel) b. Petroleum products to be transported: Jet Fuel, additives, gasoline and other liquids. c. LS-121 installed in 1963 / LS-125/126 installed in 1988. d. City should have all information on specs for the pipelines and status on regulating agencies. Inspection reports are not shared. If the City does require documentation, SFPP can work to provide something that will satisfy the City. e. No Changes to existing configuration are currently planned aside from the Manchester Ave project. This work will be trenched. f. There are no plans to lease the lines but this could be possible in the future. g. Joint trenching is not applicable in this situation. 15. State (a) the internal diameter of each existing or contemplated pipeline; (b) the length of each pipeline within the boundaries of the City. If the pipeline route includes right of ways, easements, licenses or similar rights within the boundaries of the City, but which are not located in city streets or other City -owned property. Please provide (i) a colored map indicating the pipeline segments that are not located in city streets or other City -owned property; and (ii) a title report and supporting title documentation demonstrating that the pipeline segment is not located in a city street or other City -owned property. Page 3 a. The internal diameter for the LS-121 is 9.562 and the internal diameter of the LS-125 is 15.438"; (b) the length of each pipeline within the boundaries of the City is 7,814' for the LS-121 and 13,675.20' for the LS-125. b. The above linear footages are currently undergoing review and will be reported to the City as soon as possible if any +/- exist. 16. Describe pull boxes, splice boxes, valves, vents, structures, equipment and other vaults and pedestals to be installed by applicant (include size, model number and manufacturer). a. SFPP is still collecting data on any of these structures and will report everything to the City once compiled. 17. If the pipeline route includes right of ways, easements, licenses or similar rights within the boundaries of the City, but which are not located in city streets or other City -owned property. Please provide (i) a colored map indicating the pipeline segments that are not located in city streets or other City -owned property; and (ii) a title report and supporting title documentation demonstrating that the pipeline segment is not located in a city street or other City -owned property. a. It is believed this should already be in the hands of the City and this would be not applicable. 18. Submit third part inspection and certification plan including anticipated company, frequency of certifications, procedures for certifications and planned actions for lapse in certifications. a. Not applicable. 19. Submit spill cleanup plan. Include statement stating the responsibility of the applicant and the City of Anaheim, include cost reimbursement procedures for the City of Anaheim to recover costs from applicant and any limitations of cost. a. Not applicable, SFPP carries self-insurance and bonding for any spills. All applicable documents are regularly filed with the City. 20. Is the existing pipeline currently in use? If so: what is being transported? Provide quantities transported monthly since the expiration of the last franchise agreement. a. The pipelines are in use, Petroleum products are transported, if the City requires actuals from any month, SFPP can provide this information upon request. Impact on City of Anaheim Resources and Quality of Life 21. Describe in detail the local benefits of permitting the proposed use of the right of way. Include a discussion of direct benefits, such as, compensation in the form of franchise fees, utility user's tax, secured and unsecured property tax and the indirect benefits, such as, improved access for local residents or other aesthetic improvements. a. Continued use of the City Franchise Public ROW allows SFPP, L.P. to provide lower costs to the public as well as government agencies and major airports. 22. In order to minimize the impact of applicant's proposed construction, please indicate whether the applicant has checked pending applications and recently granted permits in the City to determine whether the opportunity to construct using a joint trench, or the opportunity to share facilities is available? Check street resurfacing schedules? Page 4 a. No proposed permits at this time. 23. Proposed to use directional boring in areas where it would minimize the impact on traffic, residents and businesses? If no directional boring is proposed, please explain why. a. No proposed directional drilling at this time. Applicant Certification Please note: this form must be signed and submitted, in its original format with no changes, along with the completed franchise application or your application will be deemed incomplete. Applicant agrees to comply with the City's land use and planning process (including public notification) for the location of any structures or facilities to be placed in or adjacent to the City's public right-of-way. The applicant further agrees to provide all necessary information requested by the City including required documentation to conduct applicable environmental reviews. The applicant further agrees to timely pay all City of Anaheim costs and fees associated with the application in accordance with City of Anaheim Municipal Code. The applicant further agrees that the approval of this franchise application in no way approves any construction activities or maintenance activities in the City right-of-way without going through the normal right of way construction permitting process. The applicant further agrees to accept all costs, fines, and remediation requirements from the City, State, or Federal government resulting from environmental contamination (past, present or future) associated with these facilities. I declare under penalty of perjury that the foregoing information is true and correct. Applicant: SFPP. LP.. a Delaware Limited Liability Comi)any Date: 5/22/2023 (Owner of facilities installed or to be installed in the public right-of-way) Kurtis Johnson, Sr. Right of Way Agent, Kinder Morgan, Inc. Printed Name, Title and Company Page 5 Applicant Certification Please note: this form must be signed and submitted, in its original format with no changes, along with the completed franchise application or your application will be deemed incomplete. Applicant agrees to comply with the City's land use and planning process (including public notification) for the location of any structures or facilities to be placed in or adjacent to the City's public right-of-way. The applicant further agrees to provide all necessary information requested by the City including required documentation to conduct applicable environmental reviews. The applicant further agrees to timely pay all City of Anaheim costs and fees associated with the application in accordance with City of Anaheim Municipal Code. The applicant further agrees that the approval of this franchise application in no way approves any construction activities or maintenance activities in the City right-of-way without going through the normal right of way construction permitting process. The applicant further agrees to accept all costs, fines, and remediation requirements from the City, State, or Federal government resulting from environmental contamination (past, present or future) associated with these facilities. I declare under penalty of perjury that the foregoing information is true and correct. Applicant: Date: (Owner of facilities installed or to be installed in the public right-of-way) Printed Name, Title and Company Page 6 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-074 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29"' day of August, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 301 day of August,_ 2023. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)