CC SR 20170404 N - Palos Verdes Reef Restoration ProjectRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 04/04/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding the proposed Palos Verdes Reef
Restoration Project
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter to the California State Lands Commission
expressing the City Council's opposition to the granting of an off -shore lease for
the proposed Palos Verdes Reef Restoration Project.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst,;;;
Ara Mihranian, AICP, Director of Community Development,
REVIEWED BY: Gabriella Yap, Deputy City Manager. -
APPROVED BY: Doug Willmore, City Manager'
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter to the California State Lands Commission (page A-1)
B. November 2011 City Council Staff report (page B-1)
C. March 18th Daily Breeze article (page C-1)
D. Public comments copied to City Council via email (page D-1)
E. City Council Policy No. 29 (page E-1)
BACKGROUND AND DISCUSSION:
From the late 1940s until the early 1970s, Los Angeles -area industries (most notably
Montrose Chemicals in Torrance) discharged tons of DDTs and PCBs into the ocean
waters off the Palos Verdes Peninsula. In October 2000, the Federal and State
governments and the remaining defendants settled the so-called Montrose case. The
Trustees for the Montrose Settlements Restoration Program (MSRP) received tens of
millions of dollars to reimburse past damage assessment costs and to implement the
actions necessary to restore the natural resources and their services that were injured
by the DDTs and PCBs. Additional information about the MSRP is available on-line at
httD://www.montroserestoration.noaa.00v/.
1
Since this project would be constructed within waters of the State of California, the City
has no jurisdiction over its permitting or construction; rather, such jurisdiction resides
with the California State Lands Commission (CSLC). However, the City has been
aware of and monitoring this project for several years. The City offered comments on
the draft Environmental Impact Report (EIR) that included this project in 2005. Also in
2005, the California Coastal Commission considered and found this project to be
consistent with the Coastal Act.
In November 2011, a public meeting was held at the Point Vicente Interpretive Center
(PVIC) to present the MSRP Trustees' proposal for the second and final phase of
MSRP restoration efforts. The Phase 2 Restoration Plan (P2RP) included two (2) fish
habitat restoration projects with the potential for direct effects upon segments of the
City's coastline: Kelp Forest Restoration and Subtidal Reef Restoration. The Kelp
Forest Restoration project commenced in late 2012, and has been very successful in
restoring kelp forests along the Peninsula coastline between the Palos Verdes Estates
city limit and Abalone Cove. Staff prepared a letter in support of the P2RP projects for
the City Council's review and approval in November 2011 (Attachment B).
The MSRP Trustees are now ready to proceed with the Subtidal Reef Restoration
project, which involves restoring subtidal rocky reefs along the southerly shoreline of the
Peninsula that have been degraded by sedimentation. On February 21, 2017, Staff was
notified that the MSRP Trustees would be holding another public meeting at PVIC on
Thursday, March 2, 2017, to present the Palos Verdes Reef Restoration Project for
public review and comment. In order to share information about this project with the
community, Staff posted information about this meeting on the City's Facebook and
Nextdoor pages on February 21, 2017. A large number of residents attended the public
meeting at PVIC, and many subsequently expressed disappointment and frustration that
the format of the meeting did not provide them the information that they needed to
understand the proposed project.
As currently envisioned, the project would involve the placement of 70,300 tons of
quarry rock from Santa Catalina Island on 40 acres of sandy ocean bottom within a 69 -
acre site located 0.3 miles offshore of Trump National Golf Course. Construction of the
underwater reef would be accomplished using equipment and materials brought to the
site on barges. The project is expected to take 40-60 working days to complete. The
Environmental Assessment for this project may be reviewed on the CSLC website at
http://slc.ca.gov/Info/Reports/PalosVerdes/Enviro Assess.pdf. Public comments on the
Environmental Assessment were due by March 22, 2017, and it is Staff's understanding
that the CSLC will be considering the Environmental Assessment and related lease for
this project at its upcoming meeting on April 20, 2017, in Berkeley.
On March 18, 2017, the Daily Breeze published an article (Attachment C) describing
objections to the project by environmental groups and residents. The City Council has
also been copied on several recent emails objecting to the project (Attachment D),
including comments from Trump National Golf Club and residents in the nearby
Seaview and Ladera Linda neighborhoods.
2
As discussed above, the City Council has previously expressed support for the P2RP
projects, at least in concept. However, it is clear that many City residents and property
owners are currently opposed to this current project, at least in part because the MSRP
Trustees and/or CSLC have not adequately addressed their questions and concerns
about it. Furthermore, it appears that the effectiveness and long-term viability of this
project is questionable, given its close proximity to the toe of the Portuguese Bend
Landslide. Among the stated purposes of this project is to restore reef habitat that has
been buried by silt and sediment, but erosion at the toe of the landslide will continue to
deposit silt and sediment in the proposed project area.
Pursuant to City Council Policy No. 29 (Attachment E), a majority of the City Council
must approve any formal City position taken with respect to proposed legislation or
projects, whereas individual City Council members are free to express their personal
opinions about such legislation or projects as individual private citizens. Although the
public comment deadline for the Environmental Assessment for this project was March
22, 2017, there is still time for the City Council to express its concerns about the project
to CSLC prior to its April 2017 meeting. Therefore, Staff has prepared a draft letter to
CSLC for the Mayor's signature (Attachment A).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Do not take a formal City position regarding the Palos Verdes Reef
Restoration Project.
9
April 4, 2017
Betty T. Yee, Chair
California State Lands Commission
100 Howe Ave., Ste. 100 South
Sacramento, CA 95825
SUBJECT: Objection to Granting Lease for Palos Verdes Reef Restoration
Project
Dear Chair Yee and Members of the State Lands Commission:
On behalf of the Rancho Palos Verdes City Council and presidents, I wish to
respectfully express our opposition to the granting of a lease for the Palos Verdes Reef
Restoration Project, which we understand will be appearing on the Commission's
agenda on April 20, 2017. Our City Council had expected to express our objections in
comments on the related Negative Declaration for the project, but were unable to do so
timely due to the unexpected cancelation of our March 21, 2017, meeting.
The City of Rancho Palos Verdes is supportive of the goal of the project to restore
recreational and commercial fishing resources that were destroyed by the dumping of
DDTs and PCBs in the waters off the Palos Verdes Peninsula in the 1940s through
1970s. In 2011, our City Council expressed conceptual support for such a project.
However, we do not support the project at its proposed location just over a quarter -mile
offshore from the City's Founders Park and Rancho Palos Verdes Beach.
The location of the proposed reef is only a short distance downcoast from the toe of the
active Portuguese Bend Landslide. It is primarily the silt and sediment from this
landslide that has covered the reef that this project seeks to restore. However, the
proposed project will do nothing to stop or redirect this downcoast flow of silt and
sediment, which will likely result in any restored reef being quickly covered before any
self-sustaining fishing habitat can be re-established. Furthermore, we question the
wisdom of re-establishing fishing habitat in such close proximity to the DDT- and PCB -
laden sediments that lie not much further off our City's coastline.
We urge the Commission to reject the proposed lease agreement, and to direct the
applicant to work with environmental advocacy groups and affected local communities
to develop a more effective and acceptable project.
Sincerely yours,
Brian Campbell
Mayor
A-1
CITYOF
MEMORANDUM
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CAROLYNN PETRO, DEPUTY CITY MANAGEI t
DATE: NOVEMBER 1, 2011
SUBJECT: MONTROSE SETTLEMENTS RESTORATION PROGRAM: KELP
FOREST AND SUBTIDAL REEF RESTORATION
REVIEWED: CAROLYN LEHR, CITY MANAGER
Staff Coordinator: Matt Waters, Senior Administrative Analyst
RECOMMENDATION
Authorize the Mayor to sign the attached draft letter of support for the Montrose
Settlements Restoration Program's Restoration Plan to restore lost fishing opportunities in
and around the Palos Verdes Shelf through kelp forest and subtidal reef restoration.
BACKGROUND
Local industries discharged approximately 2,000 metric tons of DDTs and PCBs into the
ocean off the Palos Verdes Peninsula from the late 1940s until the early 1970s. Almost all
of the DDTs came from the Montrose Chemical Corporation manufacturing plant in
Torrance, reaching the ocean via the Los Angeles County Sanitation District's (LACSD)
White Point sewer outfall. Wastewater treatment methods employed during those years
did not contain or capture the DDTs prior to discharge into the ocean. Montrose Chemical
Corporation also dumped DDT -contaminated waste from barges into deep ocean waters
between the Peninsula and Santa Catalina Island. Large quantities of PCBs from
numerous sources throughout the Los Angeles Basin were released into the ocean via the
LACSD and City of Los Angeles wastewaters outfalls and the regional storm drain systems
during this period. The Santa Monica Bay Restoration Foundation (SMBRF) states that
these chemicals entered the ocean's food system, leading to breeding failures in bald
eagles, peregrine falcons, and other seabirds. Chemical levels in some fish have been
detected at such high levels that the State of California has issued warnings and
restrictions to reduce the risk of cancer, liver disease and birth defects.
In March 2001, after over ten years of litigation, the Courts approved a final settlement
M
MSRP: Kelp Forest and Subtidal Reef Restoration Projects
November 1, 2011
Page 2
between the Federal and State governments and the remaining defendants in the
Montrose case. Montrose and other defendants agreed to pay $140.2 million plus interest
to the Federal and State governments. The trustees for the Montrose Settlements
Restoration Program (MSRP) received $63.95 million. $35 million of the MSRP funds have
gone to reimburse past damage assessment costs. The remainder of the funds, plus
accumulated interest, is being used to restore the natural resources damaged by the
discharge of DDTs and PCBs.
MSRP Phase I Restoration efforts began in 2005. Phase I Projects include:
• Restore nesting habitats for seabirds on the Channel Islands
• Retore bald eagles to the Channel Islands
• Monitor Peregrine Falcons on the Channel Islands
• Restore recreational fishing in Southern California
• Restore 140 acres of wetland habitat to full tidal exchange
Phase I Restoration projects are in various stages of implementation.
DISCUSSION
MSRP trustees now propose the second and final phase of MSRP restoration efforts. The
Phase 2 Restoration Plan (P2RP) contains two fish habitat restoration projects which could
have a direct effect upon sections of the City's coastline: Kelp Forest Restoration and
Subtidal Reef Restoration.
Kelp Forest Restoration
The extensive kelp forests along the Palos Verdes Peninsula shoreline have been
degraded, largely because of the urchin barrens that have formed in these areas.
Urchin barrens are the result of uncontrolled urchin populations caused by the loss of
natural predators. The expanded urchin population overran rocky tidal areas and
prevented kelp plants from anchoring to the sea floor. The P2RP has identified seven
potential restoration sites, six of which are located in the waters off of Rancho Palos
Verdes. The affected coastline sites extend from the City's boundary with Palos Verdes
Estates to Abalone Cove. One goal of the plan is to replace fishing opportunities lost
because of chemical contamination. Fish that live in kelp forests have lower levels of
DDT and PCB contamination in their tissue than in that of fish living on soft -bottom
habitats. By restoring kelp habitat, the MSRP will increase the number of fish known to
be lower in DDT and PCBs.
One of the goals of the MSRP's restoration efforts is to restore lost or diminished fishing
opportunities. However, new regulations associated with the Marine Life Protection Act
are scheduled to go into effect on January 1, 2012 that will restrict or halt fishing in
sections of Southern California's coastal waters including areas off the Palos Verdes
Peninsula. These Fish and Game Commission regulations will ban fishing off of Point
MSRP: Kelp Forest and Subtidal Reef Restoration Projects
November 1, 2011
Page 3
Vicente, including the recently re -named Pelican Cove (formerly Point Vicente Fishing
Access) and will limit what fish can be taken from the waters adjacent to Abalone Cove
Shoreline Park. Activities such as recreational diving will be enhanced by the eventual
restoration of kelp forests and reefs.
The P2RP proposal calls for the SMBRF to partner with urchin divers and local non-
profit organizations to perform urchin barren control which would allow for natural kelp
forest re -growth. The SMBRF estimates that 133 acres of Peninsula -adjacent kelp
beds are still in need of restoration. Divers would access the affected coastline areas
by boat to remove sea urchins in phases over a three-year period. The proposed
budget for Kelp Forest Restoration is $2.5 million.
Subtidal Reef Restoration
Subtidal rocky reefs along the southern shoreline of the Palos Verdes Peninsula have
been degraded by sediment from the active Portuguese Bend Landslide and by the
1999 landslide at Trump National Golf club which covered near -shore reefs.
The P2RP identifies eighty acres of degraded reefs at three potential restoration sites,
two of which are located wholly or partially adjacent to Rancho Palos Verdes; a 56 -acre
area off Rancho Palos Verdes Beach below Trump National Golf Club; and a 12 -acre
area off Shoreline Park at the boundary with the City of Los Angeles. The P2RP
proposes to build artificial reefs in those areas. According to the P2RP, the
construction of artificial reefs in those areas could "impact various human uses,"
including recreation and navigation. The proposed budget for subtidal reef restoration
is $6.49 million and will take an estimated seven years to complete.
Other P2RP projects include reduction of seabird disturbances on the Channel Islands,
restoration of seabirds to Santa Barbara Island and Scorpion Rock, and the restoration
of Ashy Storm -Petrels on the Channel Islands.
On Wednesday, November 9, 2011, the MSRP Trustees will hold a public meeting on
the P2RP at the Point Vicente Interpretive Center from 6-8pm entitled "Restoring
Natural Resources Harmed by DDT and PCBs within the Southern California Marine
Environment." A previous public meeting was held on October 26, 2011 in Ventura.
The forty-five day public comment period for the P2RP will end on December 12, 2011.
Staff intends to attend the November 9 meeting.
Attached is a draft letter from the City of Rancho Palos Verdes, under the Mayor's
signature, offering support for the MSRP Phase 2 kelp forest and sub -tidal restoration
projects.
FISCAL IMPACT
Approval and submittal of the attached letter of support will have no discernible negative
fiscal impact.
M
MSRP: Kelp Forest and Subtidal Reef Restoration Projects
November 1, 2011
Page 4
ATTACHMENT:
Draft Letter of Support for MSRP Kelp Forest and Subtidal Reef Restoration Projects
MSRP PVIC Public Meeting Flyer
MSRP Phase 1 Restoration Highlights and Phase 2 Proposed Projects
SMBRF Phase 2 Restoration Plan Information Sheet
November 1, 2011
Montrose Settlements Restoration Program
501 W. Ocean Boulevard. Suite 4470
Long Beach, CA 90802
Attention: Jennifer Boyce, Program Manager
Dear Montrose Settlements Restoration Program Trustees:
On behalf of the City Council of the City of Rancho Palos Verdes, I am pleased to
offer our support for the Montrose Settlements Restoration Program's (MSRP)
proposed Phase II Kelp Forest and Subtidal restoration projects.
The damage done to kelp forests and a wide range of bird and fish species by
the release of DDTs and PCBs into the ocean waters off of the Palos Verdes
coastline, combined with damage to subtidal reefs by landslides has had a
profound and devastating effect..
Kelp forests are one of the most diverse and productive ecosystems on the
planet. Giant kelp forests in southern California support more than 716 species
of marine life. Sadly, there are far fewer kelp beds around Los Angeles than
there were 100 years ago. Improvements at wastewater treatment facilities have
allowed some kelp beds to recover, but many other beds around the Palos
Verdes Peninsula have not. Thoughtful, controlled thinning of the over-
abundance of purple sea urchins from these bare rocky areas would allow the
kelp beds to recover. Additionally, the artificial reef restoration project has the
potential to help recover over 65 acres of degraded reefs.
Please accept this letter as formal recognition of the City of Rancho Palos
Verdes' support for the MSRP's Subtidal Reef and Kelp Forest Restoration
Projects.
Sincerely,
Tom Long
Mayor
cc: City Council Members
City Manager
IN
MONTROSE SETTLEMENTS RESTORATION PROGRAM
PRESENTS
"Restoring Natural Resources Harmed by DDT and PCBs
within the Southern California Marine Environment"
Join Us For Our
Public Meeting
Wednesday, November 9, 2011
at the
Point Vicente Interpretive Center
31501 Palos Verdes Drive West
Rancho Palos Verdes, CA 90275
(310) 377-5370
YOU WILL LEARN ABOUT:
• Restoration completed during Phase 1 involving: Bald Eagles, Peregrine
Falcons, Seabirds, Fishing, and Fish Habitat
• Proposed Restoration Projects within the Phase 2 Restoration Plan
• How to submit a comment on the Phase 2 Plan
• How to stay connected with MSRP in the future
• The latest news from the Fish Contamination Education Collaborative
www.montroserestoration.gov
Cassius Auklet chick during banding.
(Laurie Harvey, NPS)
Xantus's Murrelet chicks in nest.
(DarreiWhitworth, CIES)
MSRP Phase 7 restoration projects are in various stages of implementation. The following
are highlights for each project that was proposed in the Phase 1 Restoration Plan.
Restore Nesting Habitat for Seabirds
on the Channel Islands MSRP is restoring
nesting seabird habitat on the Channel
Islands, specifically on Scorpion and Orizaba
Rocks, Santa Barbara, Santa Cruz, and San
Nicolas Islands. Seabird restoration projects
include non-native plant and animal removal,
revegetation of native plants, and social
attraction. Since 2007, MSRP planted 20,000+
native plants with help from volunteers,
installed 50+ artificial nests, removed feral
cats from San Nicolas Island, and completed
several years of seabird and oceanographic
monitoring surveys among the islands. in
2011, biologists discovered nine Cassin's
Auklets seabirds nesting in newly restored
habitat on Santa Barbara Island. Seabird
nesting habitat restoration work will begin on
several Baja California Pacific Islands in 2012.
Restore Bald Eagles to the Channel Islands
MSRP implemented a feasibility study to
determine whether the northern Channel
Islands could support a self-sustaining
population of Bald Eagles. Institute for Wildlife
Studies biologists successfully released 51
eagles on Santa Cruz Island and initiated a
comprehensive monitoring program.The
first natural hatching of a Bald Eagle in 2006
on Santa Cruz island was a milestone for
the study. Since the first natural hatchling,
biologists have continued to observe a high
nesting success rate among the Channel Island
Bald Eagles with breeding occurring on four
of eight Channel Islands. Approximately 65
eagles live among the Channel Islands and
new pairs are expected to establish breeding
territories across the Channel islands.
M
Restore Recreational Fishing In Southern
California MSRP is restoring recreational
fishing by providing information to the
public about fish contamination and by
improving access to a diversity of healthy fish
species. MSRP, along with partners, created
several popular outreach products including
a "Common Subsistence and Sport Fish of
Southern California" identification card with
safe fishing tips and the "What's the Catch?"
comic book, both in three different languages,
which are distributed to the public every year.
Outreach mini -grants awarded to youth fishing
organizations by MSRP are spreading the word
about safe fishing and how to avoid "Do Not
Consume"fish species. In 2012, MSRP hopes to
build artificial reef modules along the Belmont
Pier in Long Beach, California, that will attract
a greater diversity of fish species that are
available for consumption.
Restore Fish Habitat In Southern California
MSRP focused on two major areas of fish
habitat restoration for Phase 1 restoration,
wetlands and Marine Protected Areas (MPA).
Partial funding for Huntington Beach Wetlands
was used to restore Talbert and Brookhurst
Marshes in this complex and opened up
approximately 140 acres of wetland habitat
to full -tidal flow. MSRP funding for Bolsa Chica
Wetlands allowed dredging of the ocean inlet
maintaining full tidal exchange. MPA funding
went to the National Park Service and to the
Partnership for Interdisciplinary Studies of
Coastal Oceans to collect data on the effective
management of these areas.
Monitor Peregrine Falcons on the Channel
Islands In 2007, a comprehensive Peregrine
Falcon monitoring effort across all eight of
the Channel Islands was cc m )I: *ec . Uc Ir gi-ts
found 25 active territories and 15 pairs
successfully hatched eggs that produced
35 young. One of the highlights of the 2007
survey was the documentation of a successful
breeding pair on Santa Barbara Island. This
event was the first documented breeding on
the island in over 50 yearsl MSRP is planning to
conduct a second monitoring survey in 2013.
Aerial view of Huntington Beach Wetlands
restoration. (Earthcam,NOAA)
Peregrine falcon chicks in nest after banding.
(Orion Latta, SCPBRG)
Divers working in kelp fore
(David Witting, NOS
Young girl during youth fishing derl
(Gabrielle Dorr, N01
Ashy Storm -Petrel using marine debris
for nest.
(Darrell Whitworth, CIES)
Diver collecting urchins during removal
project.
(David Witting, NOAH)
MSRP projects proposed in the Phase 2 Restoration Plan are described below.
Restore Subtidal Reef and Kelp Forest
Habitat on the Palos Verdes Shelf MSRP
proposes to restore critical fish habitat on
the Palos Verdes Shelf. Kelp forests and rocky
reefs are known to produce more fish than
other habitat types and fish that have lower
levels of DDT and PCB concentrations in their
tissues. MSRP is propsing to build artificial reef
modules in areas that have been impacted by
sediment erosion along the coast. Kelp forests
in this area have been impacted by the loss of
urchin predators which resulted in an increase
in urchins essentially wiping out kelp forests.
For this project MSRP would partner with
commercial urchin divers and local non-profit
organizations to perform urchin barren control
allowing for natural kelp recruitment and
growth.
Monitor Said Eagles on the Channel Islands
MSRP proposes to monitor Bald Eagles on
the Channel Islands to determine if a self-
sustaining population is feasible. The proposed
monitoring program would continue to
focus on breeding activities, investigation of
diet, survival and contaminant analysis. The
program would shift from extensive year-
round monitoring to a more directed focus of
understanding the eagle's annual population
status.
Monitor the Recovery of Peregrine Falcons
on the Channel Islands MSRP proposes
to conduct two additional comprehensive
monitoring efforts on the Channel Islands
during Phase 2. Biologists would monitor
active Peregrine Falcon territories to determine
their reproductive success and levels of DDT
and PCBs will be measured from egg and
blood samples.
Restore Seabirds to Santa Barbara Island
and Scorpion Rock MSRP proposes to
continue and expand the restoration work on
Santa Barbara island and Scorpion Rock. On
Santa Barbara Island, biologists would expand
existing restoration sites and add new sites.
If this project moved forward, MSRP would
continue removal of non-native vegetation
and planting of native plants on Scorpion
Rock until native plants can fully establish
and outcompete non-native plants. Biologists
would also install nest boxes and social
attraction devices on Santa Barbara Island and
continue monitoring of seabirds at both areas.
Restore Ashy Storm -Petrels on the Channel
Islands MSRP identified projects on Anacapa
and Santa Cruz islands in Phase 1 but was
unable to complete this work. if this project
moved forward, biologists would continue
to work on these projects in Phase 2 but
also may expand to include restoration
projects throughout the Channel Islands
as appropriate. MSRP proposes to improve
nesting habitat, Install social attraction
devices, install artificial nesting boxes, perform
annual monitoring at nest sites, and perform
contaminant analysis.
Reduce Seabird Disturbance on the Channel
Islands This proposed project will build upon
on-going seabird disturbance reduction
efforts that have been developed by other
groups. Primarily this project would focus
on developing and enforcing appropriate
seabird colony protective measures, educating
the public and specific user groups about
protective measures, and evaluating program
effectiveness for integration into statewide
seabird management programs.
S
MSRP PHASE II RESTORATION PLAN
Meeting Dates October 26 (Ventura) and November 9, 2011 (Rancho Palos Verdes)
Email Scott Valor (svalorgsantamonicaba_y.org) for details
The federal government will soon be accepting comments on the Montrose Settlements
Restoration Program (MSRP) plan to restore lost fishing opportunity in and around the Palos
Verdes Shelf. The plan includes $2.4 million for the Santa Monica Bay Restoration Foundation
(SMBRF) to restore 60 acres of rocky subtidal habitat.
As a member of the SMBRC Governing Board, we hope you will write a letter supporting the
SMBRF project as part of the overall MSRP restoration plan.
What is the MSRP?
The MSRP was formed by several federal and state
agencies to oversee restoration activities funded by a
settlement agreement between these agencies and several
chemical companies in the Los Angeles area.
What was the settlement about?
Between the 1940s and 1970s chemical companies,
including the Montrose Chemical Corporation, disposed
nearly 2000 metric tons of DDT and PCBs through the Los
Angeles County Sanitation Districts wastewater outfall.
These chemicals have been incorporated into the ocean
food web causing breeding failures in bald eagles,
peregrine falcons and other seabirds. These chemicals are
now found in some fish at levels so high the state has
issued restrictions and warnings to reduce the human
health risk of cancer, liver disease, and birth defects.
What is the SMBRF's rocky subtidal restoration project?
The Palos Verdes Peninsula historically supported hundreds of
acres of large, productive, and stable kelp beds. Some kelp beds
have recovered due to restoration in the early 1970's and
improvements in wastewater treatment (decreased turbidity).
However, 133 acres of former beds are still bare due to the
development of extensive and persistent urchin barrens.
SMBRF plans to partner with the Santa Monica Baykeeper and
local commercial urchin divers to restore these kelp beds. Sites
already restored by Baykeeper now have persistent kelp forests
that support abundant and diverse marine life.
Kelp Forest Urchin Barren
Why should MSRP fund SMBRF's kelp restoration?
The contaminated sediments on the Palos Verdes shelf represent lost fish habitat services.
SMBRF's project will restore critical fish habitat to compensate for these lost services.
The Daily Breeze (http://www.dailybreeze.com)
Why environmentalists aren't ready to support artificial reef off Palos Verdes Peninsula
Residents, environmentalists worry NOAA project could affect coastline, stir up chemicals
By Cynthia Washicko, The Daily Breeze
Saturday, March 18, 2017
A plan to create an artificial reef off the coast of Rancho Palos Verdes would be a boon to underwater plants and
animals, but environmental groups and some residents are concerned that building the reef could do more harm
than good.
Proposed by the National Oceanic and Atmospheric Agency, the project would place 70,300 tons of rock from
quarries on Catalina Island at various points along a 69 -acre area of coastline to re-create a rocky reef that was
partially buried years ago by landslides.
Officials at environmental nonprofit Heal the Bay, however, say the process of building that reef could stir up
chemicals that have leached into the underwater soil.
Collaborative design
The artificial reef was proposed in 2011 as part of the second phase of NOAA's Montrose Settlements
Restoration Program, which helps fund projects to address the effect of DDTs and PCBs, chemicals used as
pesticides and flame retardants, that washed offshore and contaminated coastal habitats.
"Our goal here is really to restore the function of that rocky habitat," said David Witting, an NOAA biologist.
The reef design is a product of work between biologists, who focused on such elements as the varying heights of
the reef and the channels between each section, and engineers, who ensured the project was feasible, Witting
said.
"We put a lot of design into the way that they're going to be placed, and we've had biologists who have worked
with rocky reef habitat in California for decades look at the design and provide input into it," Witting said.
RELATED: Abalone restoration efforts in coastal waters could use the public's help, say scientists
The reef isn't being built to support any particular species of flora or fauna, Witting said. Still, it could have a
positive impact on several types of abalone, including white abalone, which are endangered, and pink abalone
that are a species of concern.
"Southern California rocky reefs ... support hundreds of invertebrate species and many dozens — likely over
100 fish species, so it's really trying to create these areas to support this high -diversity assemblage," he said.
Environmental concerns
That lack of specificity is an area of concern for some environmental groups, though. Dana Murray, senior
coastal policy manager for Heal the Bay, said for a project like this one, some biological targets should be
included in the proposal, which would help determine when the reef could be deemed successful.
C-1
A larger issue, however, is the fact that the reef will be built on top of soil that's been contaminated by toxic
chemicals. Those chemicals, specifically DDTs, which were used as pesticides, and PCBs, used as flame
retardants and insulators, have washed offshore and contaminated the soil along the coastline.
Even though both substances were banned in the 1970s, they can remain in the sand along the ocean floor, and
building the reef atop that sand could stir up and redistribute those toxic chemicals again, Murray said.
That could create issues at all levels of the food chain. Once small organisms that live in the sand consume the
chemicals, fish that feed on those organisms can then take in the chemicals, and larger predators that feed on the
fish eventually will be contaminated as well, she said.
"That's the crux of our concerns for a project like this," she said.
Those chemicals could have an effect on humans as well, as people fish in the area and run the risk of
consuming contaminated sea life.
RELATED: The decline and hopeful resurgence of Southern California's abalone population
And aside from the environmental issues that go with constructing the reef, she added that officials at Heal the
Bay would like to see the scientific backing that an artificial reef is the right project for the area in the first place.
Other projects, such as wetland restoration, could help the area, but there's been little information about why an
artificial reef was chosen over some of those, she said.
Residents also have raised concerns about what they said was too little public outreach, and, in some cases, the
possibility that the reef could change the quality of surf in the area or exacerbate coastal erosion.
"The report does not include any wave refraction computer analysis to determine the impact of the reef on near -
shore wave energy, currents and sediment transport," Rancho Palos Verdes resident Gary Randall said in an
email.
Randall also criticized NOAA for a lack of public outreach about the project and pushed the agency to postpone
starting construction until more people can learn about the plan and comment on it.
"It's important that they reach out to different stakeholders about this," Murray said.
A representative from the Surfrider Foundation said the organization is still researching the project and declined
to comment further.
RELATED: Divers off Palos Verdes Peninsula begin fight against algae invading Southern California coast
Project Hurdles
Before any stones can be dropped to the ocean floor, though, the project still has several hurdles to clear. The
public comment window for the project is open through Wednesday, and NOAA staff will have to coordinate
several state and federal agencies before anything can get started, Witting said.
Even after all that is finished, it will still take several months to gather the more than 70,000 tons of rock that
eventually will make up the reef. And this is all after nearly a decade of planning to get the project off the
ground.
If everything goes according to plan, the reef could be in place within about six weeks after the first stones are
pushed off the barge from Catalina, Witting said, and some species could start using the man-made structure
within hours once it's complete.
C-2
Those likely will be adult fish, the most mobile of all the animals that could eventually call the reef home, he
said. From there, it'll be a slower process as invertebrates and some underwater plants put down holds on the
reef.
All told, Witting said, it could be up to six years before the reef is a fully functioning ecosystem.
Anyone interested in submitting a comment on the project can send an email to msrp@noaa.gov.
URL: http://www.dailybreeze.com/environment-and-nature/20170318/why-environmentalists-arent-ready-to-support-artificial-reef-off-palos-verdes-peninsula
C 2017 The Daily Breeze (http://www.dailybreeze.com)
C-3
From: edmundo hummel
To: CEOA.comments(abslc.ca.aov, msrp(abnoaa.gov
Cc: CC; Kit Fox; Ara Mihranian; DirectoOlwildlife.ca.gov; Roberto. Uranga(acoasta1.ca. gov; staff. liemamail. house. gov;
Craig W. Cadwallader; jalamillo(ahealthebay.org; dmurray(ftealthebay.org; fourthdistrict(,5bos.lacountv.gov
Subject: Creation of Artificial Reef Off Coast of Rancho Palos Verdes
Date: Wednesday, March 22, 2017 11:56:52 AM
NOAA/CSLC/MSRP Trustees:
My name is Edmundo Hummel. I have been a resident of Rancho Palos Verdes for four years.
One of the main reasons I live in this area is for the incredible beauty of the ocean and
coastline. I am writing to you today to express my strong opposition to the proposed Palos
Verdes Reef Restoration Project, as presented in NOAA's Environmental Assessment Report
dated February 22, 2017 (NOAA EA 2017). Instead, I am asking that NOAA/CSLC pursue
the "No Action Alternative" at this time. Below are a few of the reasons I oppose the project.
Future Sediment: The NOAA EA 2017 report fails to adequately answer an obvious
question: if this new reef were constructed, what would prevent new. Sediment continues to
be added to this area due to the active and well known Portuguese Bend Landslide (PBL),
adding to the concern that the artificial reef will simply be covered with sediment over a
relatively short time period. In fact, it is interesting to note that the primary cause for some
loss of rocky -reef habitat in this area is more likely due to effects of the PBL and other
smaller recent landslides along the coast, rather than due to any effects of DDT and PCBs
from the White Point outfall. This brings into question whether Montrose Settlement Funds
should even be considered for this project.
Kelp Forests: What impact will 70,300 tons of rock have on the kelp forests that have begun
to rebound in the area? Is growth of kelp forests a goal or not? The report indicates both that
the kelp forests are a priority and that they are NOT an objective of the project. The proposed
artificial reef would be placed "adjacent to existing nearshore kelp beds." (NOAA EA 2017,
Page 7) How will damage to existing kelp beds and rocky reef be mitigated? How high is the
risk of damage to existing kelp beds?
PCB and DDT: What will dumping 70, 300 tons of rock have on existing PCB and DDT
embedded in deposits on the ocean floor? This project is located within an active superfund
site, and yet this aspect does not appear to be addressed at all in the report. Disturbing of these
deposits during construction, or post -construction due to altered sediment transport patterns,
could release previously trapped DDT and PCB into the water column, creating further
environmental harm.
Project Success: How likely is this project to be successful? Nowhere in the report is there
mention of the odds of success of the artificial reef. Where else has this type of project been
undertaken (with the similar situation of a nearby ongoing landslide) and how successful was
it. Is this project, in the end, experimental? I strongly oppose experiments of this magnitude
being conducted in this sensitive area for numerous reasons.
Beach/wave Impact: There is a beach located between the Portuguese Land Slide Area and
the proposed near -shore project. The report indicates "The placement of reefs in nearshore
areas has the potential to alter the transport of sediment and affect the topography of adjacent
sub -tidal and beach areas." What, exactly will this artificial reef do to wave action and beach
erosion/build-up in the area?
D-1
In summary, I feel too many unanswered questions, far too much unmitigated risk, and far too
much bias in the 2017 report to support the construction of the Palos Verdes artificial reef. As
such, I am strongly opposed to this project and respectfully request that all the MSRP
Trustees, including project lead agencies NOAA and CSLC, do NOT approve this project.
Stated a different way, I am requesting that the MSRP Trustees select the No Action
Alternative.
Thank you for your consideration.
Respectfully,
Edmundo Hummel
D-2
From: Bill Foster
To: cc
Subject: Fwd: Palos verdes reef restoration project
Date: Wednesday, March 22, 2017 9:25:02 AM
Sent from my iPad
Begin forwarded message:
From: Bill Foster <bfosna,cox.net>
Date: March 22, 2017 at 9:22:58 AM PDT
To: msrp&noaa.goc, CEOA.comments&slc.ca.gov
Cc: Marty Foster <martycrnan.cox.net>, grapecon(4cox.net, BrianCU%gov,
rgdewevn.cox.net
Subject: Palos verdes reef restoration project
I have been a Rancho Palos Verdes resident for 38 years. Over this time I have
seen several projects along our coast line that according to experts would
improve and eliminate various problems. 2 in particular were at the Portuguese
Bend area. About 40 years ago these geological experts places a granite jetty at
the east end of The Portuguese Bend club area in an effort to save the sandy
beach. It did quite the opposite for the past 25 years all of the sand has
disappeared or is covered with rocks. About 20 years ago and enormous effort
was done to decrease dirt erosion on the west side of Portuguese Bend by
installing very costly and unsightly heavy wire rock containers along the cliffs.
This project also ended in failure and the amount of dirt that continually falls into
the Bay Area has continued and possibly increased.
The ocean front area from Point Fermin to to Abalone Cove is one of the most
unstable geological areas in all of Los Angeles County and perhaps Southern
California.
The prospect of putting the proposed amount of material on the ocean floor ,so
close to an unstable and fragile area that has experienced tremendous land
movement, such as the Whites Point massive landslide, which has not been
remedied and of course the Portuguese Bend slide which seems continue despite
efforts such as dewatering wells that are ineffective, could result weakening the
geology of our unstable shoreline.
I realize the health of Marine life of our Ocean is important, but to try to improve
that with the risk of unknown future catastrophes is irresponsible and dangerous.
We live in earthquake country and changing the geology, which this project will
certainly do, increases our risk of the unimaginable.
Bill Foster
Bill Foster
Sent from my iPad
D-3
From:
Susan Brooks
To:
msroCcbnoaa.aov; cequa.comments( slc.ca.aov
Cc:
cc
Subject:
Palos Verdes Reef Restoration Project
Date:
Wednesday, March 22, 2017 9:18:49 AM
Dear Agency Leaders:
This proposed project was last seen by representatives of our city in 2011. A lot has occurred
in the ensuing 6 years. I respectfully request that you delay any action on this project until
current day Stakeholders have an opportunity to assess and offer input on this project. I
served on this City Council in the 1990's and returned in 2011 to tend to the People's and
Environmental needs. As a member of the Sanitation District Board (past and Present), I've
been concerned about when and how the Montrose Chemical Cleanup program would
commence. After 45 years of DDT lying on the ocean floor, 7 miles long (as long as the
southern portion of the PV Peninsula and the City of RPV) and 1 mile wide, this contaminated
ocean floor has been remediated with a systematic release of particulates in order to
suppress the toxic chemical due to wave activity.
My request is that we take a new look at today's findings. Just a half mile westward lies the
largest landslide in the Western Hemisphere, The Portuguese Bend Landslide. We are
actively seeking remedy to this slide, knowing that solutions similar to what you propose,
might very well be part of the answer to stopping this ongoing loss of land, buildings,
roadways and disruption of the ocean environment. However, current studies must be
considered before embarking on the project you have outlined. In the early 1990's, the Army
Corp of Engineers bolted huge Gabions (boulders encased in thick wire mesh) against the
seawall in an effort to mitigate environmental damage. It took only a year before they began
to break off and eventually fall apart completely due to strong currents.
Our City Council would have likely issued a strong letter urging you to halt this project for
some of the aforementioned reasons, but last night's meeting was cancelled due to
unforeseen circumstances which led to a lack of a quorum. Please halt any plans to embark
upon this project until further input and study.
Thank you.
Susan Brooks
U Susan Brooks
Councilwoman, Rancho Palos Verdes
(310) 541-2971
From: John R. (Rod) Jensen
To: CE0A.comments(c0slc.ca.aov, msro(abnoaa.gov
Cc: Kit Fox; Ara Mihranian; Director(awildlife.ca.gov; Roberto. Urangaftcoastal.ca.gov; staff. lieuftmail.house.gov;
Craig W. Cadwallader; jalamillo(clhealthebay.org; dmurray(ftealthebay.ora; fourthdistrict(a bos.lacountv.gov
Subject: Proposal for an artificial reef off of Palos Verdes
Date: Tuesday, March 21, 2017 7:41:36 PM
NOAA/CSLC/MSRP Trustees:
My name is John R. (Rod) Jensen. I have been a resident of Rancho
Palos Verdes for 30 years, residing in Abolone Cove. One of the main
reasons I live in this area is for the incredible beauty of the ocean and
coastline. I am writing to you today to express my strong opposition
to the proposed Palos Verdes Reef Restoration Project, as presented
in NOAA's Environmental Assessment Report dated February 22,
2017 (NOAA EA 2017). Instead, I am asking that NOAA/CSLC
pursue the "No Action Alternative" at this time. Below are a few of
the reasons I oppose the project.
Future Sediment: The NOAA EA 2017 report fails to adequately
answer an obvious question: if this new reef were constructed, what
would prevent new. Sediment continues to be added to this area due
to the active and well known Portuguese Bend Landslide (PBL),
adding to the concern that the artificial reef will simply be covered
with sediment over a relatively short time period. In fact, it is
interesting to note that the primary cause for some loss of rocky -reef
habitat in this area is more likely due to effects of the PBL and other
smaller recent landslides along the coast, rather than due to any
effects of DDT and PCBs from the White Point outfall. This brings
into question whether Montrose Settlement Funds should even be
considered for this project.
Kelp Forests: What impact will 70,300 tons of rock have on the kelp
forests that have begun to rebound in the area? Is growth of kelp
forests a goal or not? The report indicates both that the kelp forests
are a priority and that they are NOT an objective of the project. The
proposed artificial reef would be placed "adjacent to existing
nearshore kelp beds." (NOAA EA 2017, Page 7) How will damage to
existing kelp beds and rocky reef be mitigated? How high is the risk
of damage to existing kelp beds?
PCB and DDT: What will dumping 70, 300 tons of rock have on
existing PCB and DDT embedded in deposits on the ocean floor?
This project is located within an active superfund site, and yet this
aspect does not appear to be addressed at all in the report. Disturbing
of these deposits during construction, or post -construction due to
altered sediment transport patterns, could release previously trapped
D-5
DDT and PCB into the water column, creating further environmental
harm.
Project Success: How likely is this project to be successful? Nowhere
in the report is there mention of the odds of success of the artificial
reef. Where else has this type of project been undertaken (with the
similar situation of a nearby ongoing landslide) and how successful
was it. Is this project, in the end, experimental? I strongly oppose
experiments of this magnitude being conducted in this sensitive area
for numerous reasons.
Beach/wave Impact: There is a beach located between the Portuguese
Land Slide Area and the proposed near -shore project. The report
indicates "The placement of reefs in nearshore areas has the potential
to alter the transport of sediment and affect the topography of
adjacent sub -tidal and beach areas." What, exactly will this artificial
reef do to wave action and beach erosion/build-up in the area?
In summary, I feel too many unanswered questions, far too much
unmitigated risk, and far too much bias in the 2017 report to support
the construction of the Palos Verdes artificial reef. As such, I am
strongly opposed to this project and respectfully request that all the
MSRP Trustees, including project lead agencies NOAA and CSLC,
do NOT approve this project. Stated a different way, I am requesting
that the MSRP Trustees select the No Action Alternative.
Thank you for your consideration.
Respectfully,
John R Jensen
21 Barkentine Road
Rancho Palos Verdes, CA 90275
Msg: 310 594-8323
Sent from my iPad
A e
From: Maft Foster
To: CEOA.comments(@slc.ca.gAra Mihranian; kit rpvca.gov; r4deweyCG)cox.net
Subject: Palos Verdes Reef Restoration Project
Date: Tuesday, March 21, 2017 12:40:33 PM
I am writing to express my strong disapproval of the above project. There is a good chance that creation of a reef
may well not achieve the goal of increasing marine mammal life in the area. There is an excellent chance that in this
geologically sensitive site the risks outweigh any benefit.
Thank you
Marty Foster
RPV resident
Sent from my Wad
D-7
From: Clayton Kuhlman
To: msrp(cbnoaa.gov; gabrielle dorr
Cc: CEOA comments; Kit Fox; Ara Mihranian; CC; fourthdistrict(obbos.lacounty_.gov; craigc(obsurfrider-southbay. or;
Roberto. U ra nga (a)coasta l.ca. oo
Subject: Palos Verdes Reef Restoration Project Comments Attention: Kelly Keen
Date: Monday, March 20, 2017 3:03:30 PM
Attachments: Palos Verdes Reef Restoration Project reject west site 3 16 2017.pdf
Palos Verdes Reef Restoration Project Comments
re:
httl2://www.monsroserestoration.noaa.gov/wp-content/uploads/2017/02/PV_EA-_15-Feb-2017.1df
Hello my name is Clayton Kuhlman, a former resident and local activist for coastal public access in Portuguese
Bend, Ca. I have an enormous interest in this project and felt obligated to share my feelings and thoughts about the
proposed reef.
My greatest concern is outlined in greater detail in a .pdf file located here:
hftl2://sharksseafoodbar.com/Palos—Verdes—Reef Restoration Project_ reject_ west site 3_ 16 2017,
Please review and note this report intends only to illustrate and identify any potential problems associated with the
geographic location of the planned reef and facts used are annotated "" or italicized within the report.
My experience and relationship with this particular area is profound and extensive indeed. I grew up just across PV
Drive South in the Seaview tract. I spent countless hours and days at a time in the 1950s - 1990s diving or fishing or
exploring or studying the unique and special environment. In college a semi -comprehensive study of the tidal zone
inhabitants was undertaken by myself and Nick Housego. It documented myriad species along with other pertinent
info. with a number of over -leafs.
My entire life I have been a proponent of open areas, access to public domain and am an conscientious user of
ocean resources. In 1973 I met with California Coastal Zone Commission officials, Army Corps. reps and SOC
members at the Federal Bld in Los Angeles to discuss protection and action regarding intentional habitat destruction
just west of this exact spot of coastline, including the reconstruction of the seawall. We also discussed access rights
as per California Statues and I feel I was instrumental in the future formation of the Ocean Trails network and
access to open space(s). This area, now a golf course was a blow to saving the pristine bluff and the wildlife within
that I cherished.
I support most restoration projects and techniques however like the artificial reef design of this project, to
encourage and enlarge the local kelp forests. Wh This projects location needs to be abandoned from consideration.
There are too many variables to realize a successful outcome. It is quite possible the new reef would not prevail.
Please review the paper:
by Dr. R.E. Kayen*, H.J. Lee, J.R. Hein
https://walrus.wr.usgs. goy/reports/reprints/Kayen_ CSR_22.pdf
Continental Shelf Research 22 (2002) 911-922
Influence of the Portuguese Bend landslide on the character of
the effluent -affected sediment deposit, Palos Verdes margin,
Me
southern California
R.E. Kayen*, H.J. Lee, J.R. Hein
US Geological Survey, 345 Middlefield Road, Menlo Park, CA 94025, USA
Received 12 July 2000; accepted 12 December 2001
I look forward to a supporting a successful reef project. Thank you for your time and consideration. With respect,
sincerely, Clayton Kuhlman
me
From: Lili Amini
To: CEOA.comments(a)slc.ca.aov; msrwabnoaa.aov
Cc: CC; Kit Fox; Ara Mihranian; Director(c wildlife.ca.gov; Roberto. UrangaCacoasta1.ca. gov; staff. lieu(omail.house.gov,
Craig W. Cadwallader; jalamillo(ftealthebay.org; dmurray(ftealthebay.org; fourthdistrict(a)bos.lacounty.gov
Subject: Trump National Opposing PV Reef Restoration Project
Date: Monday, March 20, 2017 1:17:48 PM
Attachments: imaae002.pnng
image004.png
imaae006.pnng
Importance: High
Good afternoon,
On behalf of Trump National Golf Club Los Angeles, please be advised that we strongly
oppose the proposed Palos Verdes Reef Restoration Project. There are numerous
unanswered questions about this project, both short term and long term, that make this
project unsupportable and detrimental to us as well as other members of the community.
Importantly, two weeks ago we raised several concerns about the Project. Although we
were promised that our concerns would be answered, we have yet to receive a response.
Not only does this demonstrate a blatant disregard to the valid and substantial concerns of
the property located closest in proximity to the project and potentially most impacted, but it
impliedly admits that the Project applicant is unable to address the concerns. The lack of
communication about the impacts of the Project can only be interpreted as a way of
attempting to avoid valid criticism and concerns that the Project Applicant would rather
leave hidden from the public.
Aside from the lack of communication, we have major concerns about issues such as
safety, exact project location, noise levels, and potential impacts to business operations --
all of which have not been addressed. Therefore, we are asking that NOAA/CSLC
pursue the " NO ACTION ALTERNATIVE".
Thank you for your time and attention to this very important matter.
Lili Amini
General Manager
Trump National Golf Club, Los Angeles
One Trump National Drive I Rancho Palos Verdes, CA 1 90275
p. 310.303.3256 1 f. 310.265.5522
www.trumpgolf.com I www.trumpnationallosangeles.com
01MID
30"
D-10
From: Laureen Claire Vivian
To: CEOA.comments(@slc.ca.aov; msrD(abnoaa.aov
Cc: CC; Kit Fox; Ara Mihranian; Director(c wildlife.ca.gov; Roberto. Uranga(dcoasta1.ca. gov; staff. lieu(amail.house.gov,
Craig W. Cadwallader; jalamillo(ilhealthebay.org; dmurray(ftealthebay.org; fourthdistrict(a)bos.lacounty.gov
Subject: NOAA
Date: Monday, March 20, 2017 12:10:30 PM
NOAA/CSLC/MSRP Trustees:
My name is _Laureen Vivian . I have been a resident of San Pedro for _50 years.
One of the main reasons I live in this area is for the incredible beauty of the ocean and coastline.
I am writing to you today to express my strong opposition to the proposed Palos Verdes Reef
Restoration Project, as presented in NOAA's Environmental Assessment Report dated February
22, 2017 (NOAA EA 2017). Instead, I am asking that NOAA/CSLC pursue the "No Action
Alternative" at this time. Below are a few of the reasons I oppose the project.
Future Sediment: The NOAA EA 2017 report fails to adequately answer an obvious question: if
this new reef were constructed, what would prevent new. Sediment continues to be added to this
area due to the active and well known Portuguese Bend Landslide (PBL), adding to the concern
that the artificial reef will simply be covered with sediment over a relatively short time period. In
fact, it is interesting to note that the primary cause for some loss of rocky -reef habitat in this area
is more likely due to effects of the PBL and other smaller recent landslides along the coast, rather
than due to any effects of DDT and PCBs from the White Point outfall. This brings into question
whether Montrose Settlement Funds should even be considered for this project.
Kelp Forests: What impact will 70,300 tons of rock have on the kelp forests that have begun to
rebound in the area? Is growth of kelp forests a goal or not? The report indicates both that the
kelp forests are a priority and that they are NOT an objective of the project. The proposed
artificial reef would be placed "adjacent to existing nearshore kelp beds." (NOAA EA 2017, Page
7) How will damage to existing kelp beds and rocky reef be mitigated? How high is the risk of
damage to existing kelp beds?
PCB and DDT: What will dumping 70, 300 tons of rock have on existing PCB and DDT embedded
in deposits on the ocean floor? This project is located within an active superfund site, and yet this
aspect does not appear to be addressed at all in the report. Disturbing of these deposits during
construction, or post -construction due to altered sediment transport patterns, could release
previously trapped DDT and PCB into the water column, creating further environmental harm.
Project Success: How likely is this project to be successful? Nowhere in the report is there
mention of the odds of success of the artificial reef. Where else has this type of project been
undertaken (with the similar situation of a nearby ongoing landslide) and how successful was it. Is
this project, in the end, experimental? I strongly oppose experiments of this magnitude being
conducted in this sensitive area for numerous reasons.
Beach/wave Impact: There is a beach located between the Portuguese Land Slide Area and the
proposed near -shore project. The report indicates "The placement of reefs in nearshore areas
has the potential to alter the transport of sediment and affect the topography of adjacent sub -tidal
and beach areas." What, exactly will this artificial reef do to wave action and beach erosion/build-
up in the area?
In summary, I feel too many unanswered questions, far too much unmitigated risk, and far too
much bias in the 2017 report to support the construction of the Palos Verdes artificial reef. As
such, I am strongly opposed to this project and respectfully request that all the MSRP Trustees,
including project lead agencies NOAA and CSLC, do NOT approve this project. Stated a different
way, I am requesting that the MSRP Trustees select the No Action Alternative.
D-11
Thank you for your consideration.
Respectfully,
Laureen C, Vivian
D-12
From: -
To: CEOA.comments(oslc.ca.gov; "msrp(canoaa.gov
Cc: Kit Fox; Director(abwildlife.ca.gov; Roberto. Uranga(abcoastal.ca.gov; staff.lieu(a mail.house.gov;
fourthdistrict(c bos.lacountyyov
Subject: Objection to ENVIRONMENTAL ASSESSMENT PALOS VERDES REEF RESTORATION PROJECT Send March 20 2017
Date: Monday, March 20, 2017 8:06:00 AM
Summary: This study is inadequate and poorly researched in reference to surfing, so biased
that the project should be put on hold until professionals not currently involved in the project
can review the entire project, and come to an objective conclusion based on new research
based on the study area.
Anonymity: Due to current legal issues in which Plaintiffs' attorneys are using public Coastal
Commission documents from over 10 years ago to publicly name potential defendants
without any recourse, I respectfully ask my name and address not be public.
I am a 14 years resident of RPV and lived the area for 57 years. I have only know about this
project for about a month, and am alarmed it has been planning for over 4 years with little
public notice. I attended the Open House Palos Verdes Reef Restoration Project Open House,
Hosted by City of Rancho Palos Verdes, March 2 but there was no presentation so it
answered none of my concerns.
I object to any of this project as it based on inadequate and incorrect information. I will take
one area but there are probably others that are similar.
In the appendices C 15 15.0 lists: RECREATION, c) Would the Project substantially
interfere with recreational surfing activities or have a substantially adverse effect on surfers?
"Less Than Significant Impact"
This conclusion is based on incorrect information. The impact will be great as the study does
not correctly identify the surfing spots in the area, nor gives any reference to where this
information comes from.
Page 32 5.5.3.1 Surfing list three surfing spots, including a new politically correct name
"Japan Cove" and a spot called "Pickle's ... located just south of White's Point Nature
Preserve" The study does not give a reference for these spots but only two intemet websites I
can find identify Pickles. Unlike most of the study, there are NO references for this
information.
Based on the description, I suspect the study used a website, Wannasurf.com
https://wannasurf.com/spot/North_America/USA/California/LA_County/Pickles/index.html
Wannsurf.com is a website that anyone can post on, and the webmaster makes no attempt to
correct incorrect information. To use it in any study without verification is ridiculous and
makes the whole study questionable.
The best reference guide for this area is still Surfing Guide to Southern California by Bill
Cleary/David H. Stern, 1963. (Clearly/Stern) ISBN -10: 091144906X While over 50 years
old it is still the best reference for this area as more recent guides seem to have copied this
D-13
work but make incorrect changes - it is clear they never visited the area to verify their
information, similar to this study.
Cleary/Stern identify 9 surfing spots from the Portuguese Bend Club to White (White's) Point.
I suspect the author of the study never visited the area and simply used the incorrect
information from Wannasurf.com
This would also explain why the study omits other surfing spots in the area: Wannasurf
incorrectly identifies a spot in the study are as "BEE HIVES" and states it "is actually out
front of the Terranea Resort in Rancho Palos Verdes."
haps://ww-w.wannasurf. com/spot/North_America/USA/California/LA_County/BA_s/
Based on the publically research I have noted, the impact to surfing should be changed to:
"Potentially Significant Impact" and reject the conclusion the West Area is the choice for this
project.
Based on this small sample, there are probably other areas in the study that are similarly
incorrect. In particular: "Blwany, MHS; Flick, R; Reitzel, J; and Lindquist, A, 1998. Possible
impacts of the SCE Kelp Reef of San Clemente on the marine environment. Coastal
Environments, Encinitas".. This study is not available for me to review but there are many
differences in the bathymetry in this study area and San Clemente, and is inadequate for any
conclusions to be made in the RPV area.
"Our goal here is really to restore the function of that rocky habitat," said David Witting, an
NOAA biologist.
No! Your goal is add rocks to an area that will damage the existing reef, to what extent the
study does not address.
If the goal is to add to kelp forest, then the East area would be more beneficial since, simply
based on visual observation, there is less kelp there than in the West area.
In conclusion, it is distributing how both government and academic researchers could put
together such a poorly researched study in 4 years time. It is as if they assumed no one would
read the study and be outraged, as if they simply mailed it in because no one would read it.
That is why I am so outraged.
D-14
From: Francisco Bernues
To: CEOA.comments(@slc.ca.aov
Cc: msrp(a noaa.gov; CC; Kit Fox; Ara Mihranian; Director(awildlife.ca.gov, Roberto. Uranga(cbcoastal.ca.gov,
staff. lieu(a)mail.house.gov; "Craig W. Cadwallader"; ialamillo(ftealthebay.org; dmurray(abhealthebay.org;
fourthdistrict( )bos.lacounty_gov
Subject: NO action alternative
Date: Sunday, March 19, 2017 4:14:34 PM
NOAA/CSLC/MSRP Trustees:
My name is Francisco Bernues. I have been a resident of Rancho Palos Verdes for40+ years. One of
the main reasons I live in this area is for the incredible beauty of the ocean and coastline. I am
writing to you today to express my strong opposition to the proposed Palos Verdes Reef Restoration
Project, as presented in NOAA's Environmental Assessment Report dated February 22, 2017 (NOAA
EA 2017). Instead, I am asking that NOAA/CSLC pursue the "No Action Alternative" at this time.
Below are a few of the reasons I oppose the project.
Future Sediment: The NOAA EA 2017 report fails to adequately answer an obvious question: if this
new reef were constructed, what would prevent new. Sediment continues to be added to this area
due to the active and well known Portuguese Bend Landslide (PBL), adding to the concern that the
artificial reef will simply be covered with sediment over a relatively short time period. In fact, it is
interesting to note that the primary cause for some loss of rocky -reef habitat in this area is more
likely due to effects of the PBL and other smaller recent landslides along the coast, rather than due
to any effects of DDT and PCBs from the White Point outfall. This brings into question whether
Montrose Settlement Funds should even be considered for this project.
Kelp Forests: What impact will 70,300 tons of rock have on the kelp forests that have begun to
rebound in the area? Is growth of kelp forests a goal or not? The report indicates both that the kelp
forests are a priority and that they are NOT an objective of the project. The proposed artificial reef
would be placed "adjacent to existing nearshore kelp beds." (NOAA EA 2017, Page 7) How will
damage to existing kelp beds and rocky reef be mitigated? How high is the risk of damage to existing
kelp beds?
PCB and DDT: What will dumping 70, 300 tons of rock have on existing PCB and DDT embedded in
deposits on the ocean floor? This project is located within an active superfund site, and yet this
aspect does not appear to be addressed at all in the report. Disturbing of these deposits during
construction, or post -construction due to altered sediment transport patterns, could release
previously trapped DDT and PCB into the water column, creating further environmental harm.
Project Success: How likely is this project to be successful? Nowhere in the report is there mention
of the odds of success of the artificial reef. Where else has this type of project been undertaken
(with the similar situation of a nearby ongoing landslide) and how successful was it. Is this project, in
the end, experimental? I strongly oppose experiments of this magnitude being conducted in this
sensitive area for numerous reasons.
Beach/wave Impact: There is a beach located between the Portuguese Land Slide Area and the
proposed near -shore project. The report indicates "The placement of reefs in nearshore areas has
the potential to alter the transport of sediment and affect the topography of adjacent sub -tidal and
beach areas." What, exactly will this artificial reef do to wave action and beach erosion/build-up in
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the area?
In summary, I feel too many unanswered questions, far too much unmitigated risk, and far too much
bias in the 2017 report to support the construction of the Palos Verdes artificial reef. As such, I am
strongly opposed to this project and respectfully request that all the MSRP Trustees, including
project lead agencies NOAA and CSLC, do NOT approve this project. Stated a different way, I am
requesting that the MSRP Trustees select the No Action Alternative.
Thank you for your consideration.
Respectfully,
F. Bernues
D-16
From: Bryce Lowe -White
To: msrp(&noaa.gov; CEQA.commentsCa)slc.ca.gov
Cc: CC; Kit Fox; Ara Mihranian
Subject: Palos Verdes Reef Restoration Project Comments
Date: Sunday, March 19, 2017 8:52:00 AM
I am opposed to the Palos Verdes Reef Restoration Project
I am a local resident and frequently surf in the proposed project area. I am worried that the manipulation of the
bottom offshore will change wave refraction to our coastline and therefore effect our beautiful waves that we are so
lucky to have in our backyard. We have some of the most pristine, natural coastline and surf breaks in Southern
California. It would be a shame if the surf breaks were effected negatively because of this proposed manmade
proj ect.
Also I agree with statements made by Heal the Bay that this project will stir up dormant pollutants that have settled
on the ocean floor in the area. Our local ocean habitat is fragile and has already sustained damage from the initial
dumping of these chemicals. I would suggest to leave it be now that those pollutants have settled. Interference could
cause water quality and wildlife issues if these chemicals were to resurface.
I would like to propose the money be held and kept on hand in case of a future environmental emergency in the area.
We are in close proximity to the Port of LA and there is a large amount of ship traffic off our coast throughout the
year. There is a high risk of potential oil spill or other natural disaster in the ocean that could effect our coast in the
future. We should be prepared with the necessary funds to implement immediate action in any case.
Thank you for your consideration.
Bryce Lowe -White
San Pedro Resident
D-17
From: Gary Randall
To: CEOA.comments(dslc.ca.aov, msrpC(bnoaa.gov
Cc: CC; Kit Fox; Ara Mihranian; DirectoOlwildlife.ca.gov; Roberto. Uranga(acoasta1.ca. gov; staff. lieuCabmail. house. gov;
Craig W. Cadwallader; jalamillo(ftealthebay.org; dmurray(ftealthebay.org; fourthdistrict(5bos.lacountv.gov
Subject: Opposing Palos Verdes Reef Restoration Project
Date: Saturday, March 18, 2017 12:20:12 PM
NOAA/CSLC/MSRP Trustees
My name is Gary Randall. I have been a resident of Rancho Palos Verdes for over 40
years, and am an avid surfer and ocean enthusiast. I am writing to you today to express my
strong opposition to the proposed Palos Verdes Reef Restoration Project, as presented in
NOAA's Environmental Assessment Report dated February 22, 2017 (NOAA EA 2017).
Instead, I am asking that NOAA/CSLC pursue the "No Action Alternative" at this time.
I have a number of concerns with the proposed project and/or information provided. I will
enumerate a number of those concerns in this email. Before doing so, I would like to restate
the "Purpose and Need" present by NOAA for this project:
"The purpose of the Palos Verdes Reef Restoration Project is to restore historic rocky
reef habitat that was buried by sedimentation from nearby landslides, thereby
providing essential fish habitat and substrate for kelp, other marine algae, and marine
invertebrates, creating a productive rocky -reef ecosystem in an area with limited hard
substrate. This reef restoration project will compensate for biological resource losses
caused by contaminated sediments from the Palos Verdes Shelf Superfund Site as
identified in the Montrose Settlements Restoration Program (MSRP) Phase 2
Restoration Plan." (NOAA EA 2017, section 1.2, page 4)
The following are my comments, questions, and concerns that lead me to my position of
strongly opposing this project:
1. First of all, the project name and purpose themselves are misleading. The fact is that this
project does not "restore" any existing rocky reef. Instead, it creates a new artificial reef by
placing 70,300 tons of quarry rock on an area that is either already sandy bottom or sediment
covering existing rocky reef. According to section 6.1.4.3 (NOAA EA 2017, page 40), "The
majority of the project site contains sandy bottom habitat and areas of buried reef." Using the
word "restoration" in the project name and in all reports, public notifications, etc. is
misleading and, I believe, has been done (perhaps unintentionally) to bias public reaction in
the direction of support of this project.
2. The NOAA EA 2017 report fails to adequately answer an obvious question: if this new reef
were constructed, what would prevent sediment from covering it? The NOAA EA 2017
report, section 2.3.2, page 7, indicates that "the West Area was selected for the proposed
action because the fine grained sediments are thinner..." and goes on to state "The relative
absence of fine grain sediments means the quarry rock would be less likely to sink into or
otherwise be covered by sediments." These statements are hardly definitive; they only offer a
"relative likelihood" as compared to the East study area. Sediment continues to be added to
this area due to the active and well known Portuguese Bend Landslide (PBL), adding to the
concern that the artificial reef will simply be covered with sediment over a relatively short
time period. In fact, it is interesting to note that the primary cause for some loss of rocky -reef
habitat in this area is more likely due to effects of the PBL and other smaller recent landslides
along the coast, rather than due to any effects of DDT and PCBs from the White Point
outfall. This brings into question whether Montrose Settlement Funds should even be
0 i
considered for this project.
3. Is growth of kelp forests a goal or not? In the purpose statement contained in the NOAA
EA 2017 report, it appears to be a significant aspect. Additional statements on page 8 of the
report referring to kelp recruitment being facilitated and "expand(ing) the footprint of existing
kelp beds" support the impression that increasing kelp beds is a now major goal. Section
6.6.5 (page 47) further indicates "The objective is to create hard, rocky substrate upon which
kelp will become established." However, in the MSRP 2012 Final Phase 2 RP/EA/IS, there is
a clear statement on page 5-28 that "...the goals of this restoration project do not include the
production of kelp forest." So which is it? Has the goal been changed between 2012 and
2017 in an effort to garner greater public sympathy and support? If a major element of the
goals has indeed changed from 2012 to 2017, why is this not highlighted and specifically
addressed in the NOAA EA 2107 report, with any new data and reasoning included? This
significant readjustment of project goals should not be brushed over.
4. The proposed artificial reef would be placed "adjacent to existing nearshore kelp beds."
(NOAA EA 2017, Page 7) How will damage to existing kelp beds and rocky reef be
mitigated? How high is the risk of damage to existing kelp beds? There is some discussion
of this aspect in the report, indicating the use of GPS positioning systems, only conducting
work during calmer times, anchor positioning, etc., but this specific aspect does not appear to
be adequately addressed and discussed in convincing detail.
5. There is already substantial rock reef habitat throughout the Palos Verdes area. What
percentage increase in rocky -reef habitat does this project contribute, if constructed? I cannot
find any mention of this in the report. A 2% increase in rocky reef habitat would likely result
in significant public opposition to the project, as the benefits would likely not outweigh the
costs and risks, while a 50% increase might be viewed entirely differently. The fact that this
figure appears nowhere in the report is a major oversight. Certainly, any well rounded and
unbiased presentation would include this information so that interested parties can make
appropriate rational judgements based on facts.
6. Will construction of the reef disturb embedded PCB and DDT deposits on the ocean floor?
This project is located within an active superfund site, and yet this aspect does not appear to
be addressed at all in the report. Disturbing of these deposits during construction, or post -
construction due to altered sediment transport patterns, could release previously trapped DDT
and PCB into the water column, creating further environmental harm.
7. How likely is this project to be successful? Page 7 of the NOAA EA 2017 report states the
west area was selected because of its "greater likelihood of restoration success" than other
study areas. Page 8 indicates that "this location is considered to have the highest potential for
restoration benefits and success." But, these are both relative statements. No indication is
given to the "absolute" likelihood of success. Does this project, if constructed in the West
Area, have a 10% chance of success or a 90% chance of success? I find no indication in the
report. Furthermore, what metrics are established to determine "success" or "failure" of the
project, if it were constructed? I cannot find any objective metrics for measuring success
anywhere in the report. Based on these issues, this project appears to be very experimental in
nature. I strongly oppose experiments of this magnitude being conducted in this sensitive
area for numerous reasons.
8. According to the NOAA EA 2017 report, "There are three recognized surfing breaks in the
vicinity of the project site." (Page 27). While the three areas listed exist, there are a number
of additional well known surfing breaks, including a surfing break located directly in front of
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the west end of the proposed project site, that are not even mentioned or addressed in the
report. It is offensive to the local surfing community that the potential impact of the proposed
reef on surfing breaks has been glossed over to such an extent. The NOAA EA 2017 report
dedicates a total of two very brief sections (5.5.3.1 and 6.1.4.1) to a discussion of surfing, and
any impact to surf breaks in the area is brushed off as being insignificant. This minimal
discussion, and lack of any substantive research or data, is in direct contrast to Page 5-27 of
the MSRP 2012 Final Phase 2 RP/EA/IS, where the authors refer to board, body and
windsurfing as recreational uses of the area, and they further indicate that "the potential
impacts to recreational and navigational uses will be a significant consideration as the
proposed restoration sites are evaluated."
9. Section 6.1.4.1. of the NOAA EA 2017 report (page 39) discusses some of the
environmental consequences that the proposed reef might have on waves and currents. The
report assumes additional kelp forest will be created over this rocky reef, despite this having
not been an original goal (2012), and despite the fact that no probability of success for kelp
forests being sustained over this new artificial reef is stated anywhere in the report.
Furthermore, in this same section and also in section 6.5 (page 45), a study and report by
Hany Elwany (1998) is referred to and used an argument that offshore reefs would not have a
substantial or measureable effect on littoral zone sedimentation processes, beach habitat, surf
quality. The report fails to mention that this 1998 study by Elwany is specific to an artificial
reef project in San Clemente, NOT the proposed reef project in Rancho Palos Verdes. This is
misleading and does not accurately represent the lack of actual study performed of this aspect
on this specific site. Additionally, it is noteworthy that the MSRP 2012 Final Phase 2
RP/EA/IS indicates "The artificial reefs proposed in this project will be designed to increase
erosion of inshore sediments and to increase offshore transport of sediments." (Page 5-26).
So, based on the 2012 report, one of the goals is in fact to alter currents and wave activity
toward an end of transporting sediment. This is confusing and in contrast with the 2017
report, and is indicative of a lack of clear goals and objectives for this project.
10. There is no indication that wave refraction modeling, both with and without the proposed
artificial reef, has been done for this specific project, despite the fact that comprehensive
bathymetric surveys have been conducted in the area (NOAA EA 2017, pages 15 and 16).
This is a major oversight. Computer models and tools exist and are readily available to
provide greater insight to the effect a reef would have on wave energy reaching surfing breaks
and the shoreline. Alteration of the amount of energy could impact surf quality, sediment
transport and beach erosion throughout the affected area. In fact, the MSRP 2012 Final Phase
2 RP/EA/IS, page 5-27, indicates that "The placement of reefs in nearshore areas has the
potential to alter the transport of sediment and affect the topography of adjacent sub -tidal and
beach areas." Use of existing wave refraction and sediment transport modeling tools, applied
specifically to the bathymetry of the proposed reef location, must be done before making a
decision to move forward with this project. If the modeling suggests any change in wave
energy or currents reaching the nearshore area, no matter how small, the project should be
seriously reconsidered or outright rejected in favor of the No Action Alternative.
11. Section 6.4. discusses a public outreach program that would be planned during
construction. The report states "This will inform the public that the purpose of the proposed
action is ecological restoration and that no permanent structures are being constructed." Does
this then imply that the placement of 70,300 tons of quarry rock on the ocean floor is not
intended to be a "permanent structure?" If so, what is the anticipated lifetime? When is the
planned removal date? On the contrary to the statement in Section 6.4, I believe the structure
is actually intended to be permanent and the statement in Section 6.4 is misleading and biased
D-20
in order to minimize adverse public reaction to this project.
In summary, after a thorough review of the 2012 and 2017 reports, and significant additional
research, I have come to the conclusion that there are far too many unanswered questions, far
too much unmitigated risk, and far too much bias in the 2017 report to be in a position to
support the construction of the Palos Verdes artificial reef. As such, I am strongly opposed
to this project and respectfully request that all the MSRP Trustees, including project
lead agencies NOAA and CSLC, do NOT approve this project. Stated a different way, I
am requesting that the MSRP Trustees select the No Action Alternative.
Thank you for your consideration.
Respectfully
Gary Randall
40+ year resident of Rancho Palos Verdes
D-21
From: Michelle Ernst
To: msrpCcbnoaa.gov; cega.comments(dslc.ca.gov
Cc: CC; Kit Fox; Ara Mihranian
Subject: Palos Verdes Reef Restoration Project Comments
Date: Friday, March 17, 2017 10:02:21 AM
To Whom It May Concern:
I am writing to express concern over the recently proposed Palos Verdes Reef
Restoration Project.
As a lifetime environmentalist with a Masters in Environmental Science from the Yale
School of Forestry and Environmental Studies, and also as a native of San Pedro,
where I attended the Marine Science Magnet program at San Pedro High School, I
have a deep-rooted love for the coastline. I fully support efforts to protect and restore
the unique marine habitat of the Palos Verdes Peninsula. But there is no evidence
supplied in the Environmental Assessment that the proposed project would improve
fish habitats. Furthermore, the project would likely have a very negative impact on
recreational activities (mainly surfing) at the site, and those are only cursorily
considered.
Specifically, I have two primary concerns about the proposed project:
1) The Environmental Assessment acknowledges in the Purpose and Need section
that the "historic rocky reef habitat ... was buried by sedimentation from nearby
landslides." Though the Portuguese Landslide has slowed in recent years, it
continues to move at a rate of 1 to 2 feet per year, and could be exacerbated by
heavy rainfall as had recently been experienced in the area. There is no
consideration given in the Environmental Assessment that this costly project will be
buried by sedimentation just as the historic rocky reef was.
2) Southern California kelp forests have suffered in recent years from an explosion of
sea urchins, following the decline of predators such as sea otters and California
Sheephead. The sea urchins have decimated large areas of kelp forest, particularly
in Southern California. The Environmental Assessment notes the presence of sea
urchins at the site. The proposed project seems to operate under the presumption
that "if you build it, they will come;" that by dumping 70,300 tons of rock at the site, a
kelp forest will materialize. But with a population of sea urchins already at the site,
this assumption seems tenuous at best.
In conclusion, I believe that far better uses for the $6.5 million slated for this project
can be found.
Sincerely,
Michelle Ernst
D-22
CITY COUNCIL POLICY
NUMBER: 29
DATE ADOPTED/AMENDED: 08/01/95 (amended 02/19/02 & 03/04/14)
SUBJECT: Legislative Activities of the City Council
POLICY:
It shall be the policy of the City Council that the staff shall prepare and present
periodic legislative updates for the Council's review and consideration. The
legislation monitored Legislative Guidelines shall address issues at the regional,
County, State and Federal level and shall focus upon anticipated or proposed
laws, regulations, rules, or policies that may impact the City or the region.
The legislation monitored will include both those issues that the City Council
decides either to support or oppose and those that they choose to identify as issues
of concern, but not take a position on. The determination of what position to take
on pending legislation shall be solely that of the City Council. Staff will periodically,
at the request of a Council member, place matters of pending legislation on the
City Council agenda for consideration. Staff will provide regular updates on the
status of any legislative action affecting any issues of concern to the City Council
through the Weekly Administrative Report.
If the majority of the Council votes to support or oppose legislation, staff shall
prepare the appropriate correspondence to the appropriate Federal, State, County
and/or regional legislative representative(s) expressing the position of the City.
Individual Council members may wish to support or oppose a specific piece of
legislation whether the Council has taken a position on such legislation or not. Any
legislative activity by an individual Council member, including preparing legislative
correspondence, may be conducted by any Council member, who shall state that
he or she is not acting on behalf of the City and is representing his or her own
personal views. However, staff shall not assist in any legislative activity of an
individual Council member, including the preparation of legislative
correspondence, unless the legislative item has appeared on a Council agenda
and has received a majority vote of the Council.
The League of California Cities' "Legislative Bulletin" and any appropriate
publication that summarizes legislation shall be provided as part of the Weekly
Administrative Report to each member of the Council for review.
E-1
BACKGROUND:
The City Council initially adopted a policy for Council involvement in Federal and
State legislative advocacy in 1995. Although the policy seems to have worked
adequately over the first seven years, by 2002 it was thought that it did not allow
the City to respond rapidly to requests to support or oppose legislation that may
be before a committee or on the floor or the Assembly or before Congress and
needs immediate action on the part of supporters or opponents. Therefore, the
policy was amended in 2002 to address these perceived deficiencies. In 2014, the
policy was amended again to revise the procedure for monitoring legislation, and
to explicitly include legislative issues at the County and regional level.
The City Council's revised legislative policy establishes an internal process for
identifying, tracking and advocating its position on pending legislation
synchronized to the fast -paced "legislation time clock." Through this proactive
policy, the City Council hopes to have a stronger "voice" in the Peninsula/South
Bay region, Los Angeles County, Sacramento and Washington, DC.
E-2