September 19, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Determine that the granting of Facility/Pipeline Permit Supplement No. S-4-23 under existing Facility/Pipeline Permit No. P-138-84 to Tesoro SoCal Pipeline Company will not be contrary to the public interest; and authorize the City Manager, or designee, to issue said permit supplement in accordance with Section 15.44.060, Permit Issuance, of the Long Beach Municipal Code for the installation of electrical and fiber conduit. (District 7)
DISCUSSION
Tesoro SoCal Pipeline Company has filed an application for Facility/Pipeline Permit Supplement No. S -4-23, under existing Facility/Pipeline Permit No. P -138-84, to install approximately two hundred an d sixty-six (266) feet of electrical and fiber PVC Conduit along West 28th Street crossing De Forest Avenue. Map for the location and legal description of the installation can be found in Attachment A.
This installation will allow Tesoro SoCal Pipeline Company to make upgrades to their existing Pipeline Vault to comply with Assembly Bill 864, known as the California Coastal Best Available Technology (CBAT) regulation. The installed equipment will provide power and communications to allow for an existing valve in an equipment vault to be remotely actuated off in the event of a spill. The goal of this is to minimize the amount of crude oil released and protect state waters and wildlife.
The Public Works Department has revi ewed the application and found the proposed pipeline work to be compatible with existing installations and not an obstacle to any street use or any known proposed developments.
Traffic control requirements, stipulated by the Traffic Engineering Division, as well as typical trench resurfacing requirements will be included in the special conditions for the excavation permit. Liability insurance and cash bond for faithful performance will be processed following City Council authorization of the permit supplement.
This matter was reviewed by Deputy City Attorney Vanessa S. Ibarra on August 29, 2023 and by Budget Management Officer Nader Kaamoush on August 31, 2023.
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
C-14
HONORABLE MAYOR AND CITY COUNCIL
September 19, 2023
TIMING CONSIDERATIONS
City Council action is being requested on September 19, 2023, to allo w commencement of this work.
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following:
(1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected offici al knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Council members within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.
FISCAL IMPACT
If the Facility/Pipeline Permit Supplement is approved, a permit fee of approximately $14,800 will be deposited in the General Fund Group in the Public Works Dep artment. Additionally, the annual hazardous pipeline safety fee will be approximately $462, which will be adjusted annually based on the Consumer Price Index (CPI) and will also be deposited into the General Fund Group in the Public Works Department (Attac hment B). This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
ATTACHMENTS: A – LOCATION MAP AND LEGAL DESCRIPTION
APPROVED:
THOMAS B. MODICA
CITY MANAGER
R
SITE MAP
V56-E-MAP
N
E 6/15/23 ISSUED FOR PLAN CHECK
Attachment A
Attachment A
Attachment A
COLB Levine Act Statement Page 1 of 2
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Long Beach City Councilmember, the Mayor, and Commissioner (“City Officer”) from participating in any action related to a proceeding if they receive any political contributions totaling more than $250 within the previous twelve months, while a proceeding is pending, and for 12 months following the date a final decision in a proceeding concerning a license, permit, entitlement, franchise or, contract (collectively “license, permit, or contract”) has been made, from the person or company awarded the said license or contract . The Levine Act also requires a City Officer that has received such a contribution to disclose the contribution on the record of the proceeding.
City Officers are listed at the following sites:
• The Mayor and Councilmembers - https://www.longbeach.gov/officials/ • Harbor Commissioners - https://polb.com/commission
• Water Commissioners - https://lbwater.org/about-us/current-water-commissioners/ • Planning Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Parks and Recreation Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Board of Examiners, Appeals, and Condemnation - https://www.longbeach.gov/mayor/action/commissions/ • Cultural Heritage Commission - https://www.longbeach.gov/mayor/action/commissions/ • Long Beach Community Investment Company - https://www.longbeach.gov/lbds/hn/lbcic/
Proposers are responsible for accessing these links to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please identify the City Officer(s):
COLB Levine Act Statement Page 2 of 2
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please identify the City Officer(s):
Answering yes to either of the two questions above does not preclude the City of Long Beach from awarding a license, permit, or contract to your firm or any taking any subsequent action related to the said license, permit, or contract . It does, however, pr eclude the identified City Officers from participating in any actions related to this license, permit, or contract.
____
Date
_____________________________________
Signature of authorized individual
___________________
Type or write name of authorized individual
___________________
Type or write name of company