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CC SR 20151201 B - Border Issues Status ReportCITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: GABRIELLA YAP, DEPUTY CITY MANAGER~ DATE: DECEMBER 1, 2015 SUBJECT: BORDER ISSUES STATUS REPORT REVIEWED BY: DOUG WILLMORE, CITY MANAGER £iVVV Project Manager: Kit Fox, AICP, Senior Administrative Analyst @ RECOMMENDATION Receive and file the current report on the status of Border Issues. EXECUTIVE SUMMARY This month's report includes: • An update on recent issues and events related to the Rancho LPG butane storage facility in Los Angeles (San Pedro); • An update on the proposed closure of the Defense Fuel Support Point (DFSP) San Pedro; • A report on the County's construction of proposed "observation stations" in Friendship Park within Rancho Palos Verdes; and, • A report on the Palos Verdes Peninsula Unified School District's (PVPUSD) Energy Conservation Facilities Project that would involve the installation of solar panel arrays at eight (8) school sites in Rancho Palos Verdes. FISCAL IMPACT There is no fiscal impact associated with the bi-monthly review of Border Issues . 1 MEMORANDUM: Border Issues Status Report December 1, 2015 Page 2 BACKGROUND The following is the regular bi-monthly report to the City Council on various "Border Issues" potentially affecting the residents of Rancho Palos Verdes. The complete text of the current status report is available for review on the City's website at: http ://www.rpvca .gov/781/Border-lssues-St at us -Re p ort DISCUSSION Current Border Issues Rancho LPG Butane Storage Facility, Los Angeles (San Pedro) On November 7, 2015, there was a flaring incident at the Rancho LPG butane storage facility in San Pedro. A report forwarded to the City via e-mail indicated that the incident lasted about seven (7) minutes, and also involved the dousing of the butane and propane tanks with water (see attached photos). On November 9, 2015, Staff contacted Rancho LPG for information about the incident. Rancho LPG provided the attached response to Staff on November 16, 2015. The flare and the water dousing of the butane and propane tanks were the result of a brief electrical "blip" that triggered an automatic shutdown of the facility. On November 15, 2015, the City received an e-mail containing a copy of a request from the Rancho LPG opponents' attorney to the Building and Safety Department of the City of Los Angeles, asking for a public hearing to initiate nuisance abatement proceedings against the owner of the Rancho LPG facility (see attachments). It should be noted that the original owner of the facility (Petrolane) was unsuccessfully sued on both public and private nuisance theories in a case that was decided in 1980 (Don Brown v. Petrolane (1980) 102 Cal.App.3d 720). In the past two (2) months, interested parties have continued to forward items regarding and related to the Rancho LPG facility and its owner/operator via e-mail. Copies of these e-mails are attached to tonight's report. Staff will continue to monitor this project in future Border Issues reports. Closure of Defense Fuel Support Point San Pedro, Los Angeles (San Pedro) As a follow-up to the teleconference in which City Staff participated on September 17, 2015, the attached letter was sent to Representative Ted Lieu. On November 19, 2015, the Navy announced that it would accept additional comments on the Draft Environmental 2 MEMORANDUM: Border Issues Status Report December 1, 2015 Page 3 Assessment (EA) until December 9, 2015 (see attachments). The Draft EA-which has not been revised since it was originally released for public review in August 2015-is available for review on-line at the following link: http://www.cnic.navy.mil/regions/cnrsw/installations/nws seal beach/om/environmental support/dEA-DFSP .html. Additional comments on the Draft EA may be e-mailed to nwssbpao@navy.mil or mailed to the following address: NAVFAC SW ATTN: Code JE20.TB 1220 Pacific Hwy., Bldg. 131 San Diego, CA 92132 Staff will continue to monitor this project in future Border Issues reports . New Border Issues Friendship Park Observation Stations, Rancho Palos Verdes/Los Angeles (San Pedro) On October 27, 2015, Staff learned from residents in the El Prado Estates neighborhood that the County was constructing an observation station in Friendship Park near homes at the southerly end of Tarapaca Drive . The project is apparently funded by a Proposition 84 grant from the State that the County applied for in July 2010. The County initially met with the neighborhood in 2013 to discuss this project, but no notification was ever provided to the City. Based upon neighborhood concerns, the County halted construction of the observation station and held another meeting with neighbors on October 28, 2015. At this meeting, neighbors expressed their concerns about this project, particularly its close proximity to homes and the likelihood of it becoming an attractive nuisance due to nighttime activities and trespassing. The County agreed to keep the construction on hold, review options for addressing neighborhood concerns, and hold a follow-up meeting with the neighbors. The grant that is funding this project requires it to be completed by July 2016. The follow-up community meeting was held on November 18, 2015. At the meeting, the County announced that the second observation station would be relocated much further away from nearby homes, which appeared to satisfy most meeting attendees. The County also committed to replacing and installing fences and other barriers to prevent unauthorized nighttime access to the park from 25th Street and from Calle Aventura. Staff will continue to monitor this project in future Border Issues reports. 3 MEMORANDUM: Border Issues Status Report December 1, 2015 Page 4 Energy Conservation Facilities Project, PVPUSD Campuses Citywide On November 16, 2015, Staff learned that the PVPUSD Board of Education was holding a public hearing on November 18, 2015 to consider the Energy Conservation Facilities Project (see attached public notice and draft resolutions). The project proposes to install solar panels on new "shade structures" to be constructed on sixteen (16) PVPUSD campuses, eight (8) of which are located in Rancho Palos Verdes. As permitted under State law (Government Code Section 53094(b)), the project is exempt from the City's land use and zoning regulations, and PVPUSD, acting at the lead agency pursuant to the California Environmental Quality Act (CEQA), has determined that the project is categorically and statutorily exempt from further environmental review . As such, the City has no legal role or authority over the review of this project. At the November 1 B1h Board meeting, the resolutions approving the CEQA determination and the contract with PFMG Solar, LLC (PFMG) were adopted. PVPUSD Staff have indicated that, with the execution of the contract with PFMG, the design phase of the project will take 90-120 days, during which there will be public outreach to the neighbor- hoods surrounding the school sites. If any individual site (or the entire project) is determined to be infeasible-for technical reasons or due to strong community opposition-it can be eliminated from the project at any time. PVPUSD committed to keeping all of the Peninsula cities informed of the progress of this project, and Staff will continue to monitor it in future Border Issues reports. Attachments: • Photos of flare at Rancho LPG (dated 11/7/15) (page 5) • Response from Rancho LPG (received 11/16/15) (page 7) • Request for nuisance abatement at Rancho LPG (dated 11/15/15) (page 11) • E-mails related to the Rancho LPG facility (miscellaneous dates) (page 20) • Letter to Rep . Lieu regarding DFSP San Pedro (dated 9/22/15) (page 37) • Notice of re-released Draft EA for DFSP San Pedro (received 11/19/15) (page 40) • Plans of Friendship Park observation station (received 10/28/15) (page 41) • PVPUSD notice and resolutions (dated 11/18/15) (page 43) M :\Border lssues\Staff Reports\20151201_Borderlssues_StaffRpt.docx 4 Flaring Incident at Rancho LPG Saturday, November 7, 2015 Page 1 of 2 5 Page 2 of 2 6 From: To: Cc: Subject: Date: Attachments: Kit, Ronald Conrow KitfQll Doug Willmore ; "Hon. Rudy Svorjnjch. Jr."; renee @svorinjch.com Rancho Flare Event Monday, November 16, 2015 10:15:13 AM Ran cho SCAOMD Perm it to Flare.pdf Here is Rancho's response sent to NWSPNC President Ray Regalado and CD 15 staff the same day (11/07 /2015) of the recent flaring incident. As stated, unlike the refineries in the Harbor Area which emit toxics and sulfur compounds during flaring incidents, Rancho is not required to report these events to any regulatory agency. However, in keeping with our concern for public safety, Rancho does in fact provide an explanation to the SCAQMD, LAFD Station 36, NWSPNC, and CD 15. Attached is the news arti cle from several years ago in which both federal and local agencies clearly declare Rancho is permitted to flare and not required to report any such incident. Also, attached is the blast radius map presented at the RPV City Council meeting on 05/20/2014 showing the EPA approved "worst case" scenario using mandated EPA software and methodologies. We understand Rancho is a "Border Issue" for RPV, however, as shown our "worst case" scenario does not impact any RPV residents, including those of Eastview. Per law, Rancho's EPA vetted Risk Management Plan (RMP) is on file for public review at the LAFD/CUPA office located at 200 North Main Street in downtown Los Angeles. Please advise should you require additional information . Regards, Ron Conrow !Western LPG District Manager Plains LPG Services L.P . I 19430 Beech Avenue I Shafter, CA 93263 P: 661.368.7917 IC: 661.319.9978 IF: 661.746.4037 www.p laj n smj d s t ream .com This message is intended only for the use of the individual or entity to which it is addressed. This message, including any attachments, may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender and delete this message and any attachments from your system. From: Ronald Conrow Sent: Saturday, November 07, 2015 11:20 PM To: Ray Cc: 'Hon. Rudy Svorinich, Jr.'; renee@svorinich.com; ryan.ferguson@lacity.org; jacob haik Subject: FW: 7 Ray, Just an FYI, Rancho had a flaring event this afternoon which lasted approximately 7-minutes. There was no emergency at the facility which caused the event. There was a electrical blip resulting in a loss of power which automatically triggers a shutdown of the facility, When this occurs, fail safe control systems automatically engage. These systems include presuure controls to open to the flare and all fire water suppression systems automatically engage on top of the 2-large refrigerated butane tanks, the 5- horizontal pressure vessels, the truck loading racks, and the rail racks as a precautionary measure. Bottom line, the fail safe systems activated as designed, the power was restored, and the facility was safe restarted. The Facility Supervisor notified the SCAQMD and LAFD Station 36 of the flaring event and that no emergency occurred at the facility This was a curteosy notice as Rancho's flare is permitted by the SCAQMD for such burn off as we do not emit toxic or sulfur compounds. Apologies for the late notice as I was out of town for a family event today. Please advise should you require additional information. As ususal, plan to attend the Monday night meeting of the NWSPNC Board. ~' fRoneowuua w~Wt.n .e9'<J ~~Wet~ This message is intended only for the use of the individual or entity to which it is addressed . This message, including any attachments, may contain information that is privileged, confidential and exempt from disclosure under applicable law , If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender and delete this message and any attachments from your system. If you no longer wish to receive electronic messages from this sender, please respond and advise accordingly in your return email . 8 Bria IS .Ranch,o LPG. Flaring Event Underscores Community Concerns Details are belatedly oomlng out regarding an initially unreported flaring event at Rancho LPG on Wednesday, Januaty .30 . The Incident was brought to oui attention by long-time homeowner activist Andrew Mardesich, who took smart· phone· photos or the event early that morning In response to lnq11frles from community a~tivist ' Janet Gunter, Environmental Protection Agency adminisirator Mary Wesllng contacted Rancho regarding the event. and rorwa·rded the response . they. repelved . Ron Conrow. the We5tern District Manager for Rancho's corporate parent, Plains ·All American wrote, 'The flaring event occurred at approximately 04:30· ori 01/30/2013 and lasted approximately 10·minutes. A transmitter on (bu· lane) storage tank T ·l mallunctiorie<I resulting In a pressure control valve release rrom the tank · to the.flare . .' ·' He went ori to .say, 'Another review of our per- mits our en.vlronmental a'nd aperaUons start con· · firmed Rancho Is not required to report a flaring event and we are not aware of any Rule require· . men~ for LPG ·racllitles to do so.· . We&llM confirmed that there was no federa l d~.IY to. report. but noted that state regu lations .;.diff«f Sha in turn notlfted the AQMO and the LA Fire Depaitment. There was also unre~ted rnaln- tenallce work on Naval Fuel Depot pipelines go- ing on that same week. , • "They h~d a tf11re. It's pennltt~ by AQMD for use rn emergencies, to safe ly burn excess pro- pane gas.: AQMO sp okesman Sam Atwood told Ra ndom Lengths . 'They did not notify us, and they are not required lo notify us ,: he said, ex- pla ining that the notiftoatlon rule specifica'ly ta r- gets ~u lfur emis$1ons. "Ens11rlng the safety of the re~ldents or the 16th Olstrlcfis mt top priority,· said Councilmem- b~r Joe Buscaino. "The Chief Legislative Analyst has been compiling a oomprehenslve reP<>rt In response to questions raised by myself arid .other members of the Public $.tjfety Committee, Which I expeot !t to be ()Omplete In late February. and discussed In en upcoming Committee meeting in . ~arch. I iook forward IQ advancing this lnveatlga. tlon, and I encourage res~ents to stay engaged and participate in thl$ open, transparent and public p~oce$$." 9 10 Kit Fox From: Sent: To: Cc: Subject: Janet Gunter <arriane5@aol.com> Sunday, November 15, 2015 9:58 AM rickjacobs@lacity.org; jacob.haik@lacity.org; rob.wilcox@lacity.org; lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; heather.hutt@sen.ca.gov; brian.mineghino@asm.ca.gov; John.S.Lee@lacity.org; Kit Fox; cc.sanchez@lacity.com; noelweiss@ca.rr.com; amartinez@earthjustice.org; learlaw@earthlink.net; oespino- padron@earthjustice.org; mgoldenkrasner@biologicaldiversity.org; rgb251 @berkeley.edu; carl.southwell@gmail.com; alan.gordon@treasurer.ca.gov; david.wulf@hq.dhs.gov; dan.tillema@csb.gov; don.holmstrom@csb.gov; richard.vladovic@lausd.net; jennifer.lucchesi@slc.ca.gov; helmlinger.andrew@epa.gov; det310@juno.com rreg55@hotmail.com; jdimon77@yahoo.com; president@centralsanpedro.org; darlenezavalney@aol.com; sarahnvaldez@gmail.com; diananave@gmail.com; conni.palinni-tipton@lacity.org "Request for Nuisance Abatement Hearing Rancho LPG.pdf" Please find in the drop box link below; the formal request for a public hearing with Los Angeles Building and Safety on the Plains All American Pipeline I Rancho LPG facility located on No. Gaffey Street in San Pedro/Wilmington adjacent the Port of LA. This package includes articles of foundation for the hearing request. In 1978 this facility (then under the name "Petrolane LPG") was issued LA Building permit "certification" to "legalize" two 12.5 million gallon tanks used to store highly explosive butane I propane. This was 5 years after construction of these tanks that were originally built "without " proper building permits to construct. -----Original Message----- From: Anthony via Dropbox <no-reply@dropbox.com> To: arriane5 <arriane5@aol.com> Sent: Fri, Nov 13, 2015 2:21 pm Subject: Anthony Patchett sent you "Request for Nuisance Abatement Hearing Rancho LPG.pdf' 1 11 Anthony shared a file with you on Dropbox Request for Nuisance Abatement Hearing Rancho LPG.pdf • l I ' ) t1 h 11 l H 1 • 1 \ l I I 2 12 " ... and1usticl' fo r al l .. , November 14, 2015 Raymond Chan Gener;:il Man<1ger Depart111ent of Building & Safety City of Los Angeles 201NFigueroa4 th Floor Los i\ngeles, California 90012 IA CEf?rlf/ED MA IL LAW OFFICES OF ANTHONY G. PATCHETI~ SBN: 09098S P. 0. Box 5232, Glendale, CA 9 l 22 J -109C.I 1nrerwirlaw(ap bc9loba.l. n el Phone: 818-243-8863 Fnx: 818-243-9157 RE: REQUEST FOR PUBl.IC HEARING UNDER SECTION 12.27.1 ADMINISTRATIVE NUISANCE ABATEMENT PROCEEDINGS AGAINST PLAINS ALL AMERICA (RANCHO LPG) 2110 NORTH GAFFEY STREET, SAN PEDRO. CA 90731 Dear Mr . Chan, I r e prese nt t he San Ped ro Pe nin sui <l l-l o rn eow ner's Un ited In c, jo hn Tom m y Rosas, Triba l Ad mini s t ra to r, and Ton gva An ces tral Te rrito rial Tri bil l Na tion in th ei r r eque s t for a publi c h ear in g by y o ur d epar tm e nt to de ter min e if und er Se cti on 12 .27.1 LAMC, Ran ch o I.PG: 1 . je opardizes or adversely affects the public health, p e ace, or safety of' persons residing in the surrounding a rea; or 2. ·constitute s a public nuisance ; or 3. has resulted in repeated nuisance a ctiviti e s "Tile mission of the Department of Building and Safety is to protect the lives and safety of the residents and visitors of Los Angeles, preserve the City's quality of life, and contribute to the City's ernnomic development. This is accomplished through the implementation and enforcement of the Zoning, Building, Plumbing, Mechanical and Elcctric;:il Codes, as well as Engineering, Energy, and fJis;:ihled Access Regulations, and local crncl St<ite laws for construction and rn;~intenancl' of commercial, industrial, and residential buildings." Rancho does not comply with the basic API Standard (2510) for LPG storage. Specifically, they fail the set back requirC'ments of 200 feet from neighboring land use. This specific standard applies to the facility on the south, east and northeast. Had this facility received a proper city permitti11g process review, this deAciency would have been identified and the pennitwould have been denied. The L.A. City permit was only issued under "permitted as built" five ye<irs after its constTuction and installalion of operation.( see attached exhibit 6) Also , when the facility was sold to AMERJGAS and then to Plains, the re4uired Hisk Management Plan was never filed. The plan th<it current owners, Plains All America/Rancho LPC, produced was simply a "roll over " plan from Arnerigas with a number of the deficiencies noted in the EPA Complaint. This illustrates a company that is indifferent to laws and in p;ffticular to safety. There is little disclosure about Rancho LPG's storage of 25 million gallons of but;uie on a site that is a known liquefaction, landslide and tsunami zone. Butane burns hotter than other fuels-in excess of 3200 degrees!-and this makes these safety concerns of even greater urgency because fires will be i nexti ngu ishable. 13 2 Professor Robert Bea, at the UC Berkeley Center for Catastrophic Hisk Managemr·nt. stated to Rancho LPG Manager Ron Conrow in a letter di-lted April 20, 2015: (Exhibit 1) "l have revie\ved a QRA perforrned by Quest Consultants lnc. I do not think there is sufficient valid and validated information (qualitative and q11antitative) to inform the residents of San Pcdrn and the responsible local, State a11d Federal governnwnt agencies regMdi11g the "public safety'' cind risks of major accidents associated vvith the Hancho LPG facilities. I think it is incumbem upon Rancho LPG Holdings I.LC to provide the residents of San Pedro and the responsible government agencies the scientifically based information on the "public safety" and risks (likelihoods and consequences) associated with major accidents involving the Hancho LP(; facility." "My statement is based on the information contained in tile series of"risk ;malysis " documents 1 cited eadier. My synthesis of that information led to my qualitative assessrnent of "high risk". Thal assessment included ;rn assessment of tile likelihoods of major ;1ccidents due to the multiple cdtegories of hazards (earthquakes, severe storms, grouncl instability, tPrrorist Jctivitics, and operating a1id 111<1intcnance activities) anrl the consequences (deaths, severe injuries, property and productivity cbmages, and direct and indirect monetary costs.'' "During the past 45 years, I have been involved as an originator, contributor and r<>vievver of more than one hundred QRA's involving "High Risk Systems." This work has been associated with design, construction, mainten<lnce, and operation of onshore and offshore industrial oil ;md gas exploration, production, transportation, and refining systems. Several of these QRA's were associated with oil and gas production and transportation facilities located onshore and offshore southern California near the Rancho LPG facilities. 1 have written three books, contributed chapters in 4 other books, written several hundred referred technical papers and reports, and taught university undergraduate and graduate courses on system Risk Assessment and Management (SRAM) of engineered systems for more th<ln 20 years. This work has been closely <1ssociated with my forensic engineering work as a primary investigator on more than 30 major accidents and disasters that have primarily involved oil and gas explorntioll. production, t:rallsportation, and refining systems. This work h<lS been involved with more th<m 40 major national and i11t.ernatio11;d joint imh1stry-governmc:nt sponsored research projects that addressed SRi\M of cornplex engineered systems." "Deficiencies found in previous fornwl quantativc QRA's anrl Pltt\'s: J) omission ol'important categories of uncertainties, 2) systematic incorporation of optimistic hu111;-i11 and organiz;itional "biases", 3) assumptions integrated into the risk analysis that were not validated, 't) systematic underestimate in the consequences ot mcijor i1Ccidents, 5) omission of import<inl interactions between infrastructure components and systems, ;rnd 6) application ofincippropriate risk'' acceptability" and "tolerability" criteria. All of these deficiencies in the existing formal QRA's that h<we been performed for the Rancho LPG facilities." ''The equation for Disaster is: A+B=C. "A" t-irc natural hazards like hydrocarbons, corrosion, metal fatigue, earthquakes, tsunamis, hurricanes, and inst:ibility of ground. "B" are hum;in h<izards including hubris, <1rrogance, greed, complacency, ignornncc, and indolence. ''C" are disasters sooner or hit er. At this point in my review of the dowmentation ;issociated with the Rancho LPG facilities, I have detected plentiful evidence of the presence of ALL of the "B" human hazards in the "Equation for Disaster." In addition, there is ample valid evidence available to characterize the multiplicity of signific<rnt natural h;-izards at and in lhe vicinity of these facilities. 1 conclude it is time for Rancho LPG Holdings LLC to take effective actions to avoid the "C" results associated \-\11th the fcicilities it owns <rnd operates." There is no evidence that R<mrho LPG has complied with the GUIDANCE FOR C1\l.i\RP SEISfvllC ASSESSMENTS. Tile objective ofa California Accidental Release Prevention Program (CALARP) seismic assessment is to provide reasonable assurances that a release of Regulated Substances (RS) as listed in California Code of Regulations (CCR) Title 19 Division 2 Clwpter 4.5 having offsite consequences (caused by a loss of containment or pressure boundary integrity) would not occur as a result of an earthquake. An acceptable alternate approach is to perform a 2 14 prob;1bilistic risk ;issessrnent that provi<ks C'stirnates and insights on the relative risks <llld vulnerabilitil'S nf different systems i1lld componenrs from the impact of an earthquake. Jf exhibit #9, Reno, Sparks and Washoe County Haz;irclous M<1terials Risk Assessment report indic;1tes that a release of:i0,000 lbs of prop;ine would result in a LOC radius ofgre<1ter tforn (,milt's, vvilat is the risk at ft111cho LPG? 3 E11vironrnv11tJI expert and co11sult;rnt, (harles l.arnouret1x's conclusion, "in my opinion, the location of this facility is a grave dangvr to the residents that <1re located in the immediate area surrounding this facility. 111 addition to the possible loss of' life and privat0 prorwrty d<imagt>, tlwre is an <1bove average ch<mce of dev<istating clC1mage to the ports f;1cilitics 011 tlie south east side of the plant_" (Exhibit 3 page 2) Carl Soul'l1wel1, riskandpolicy,nrg, concluded "the focility should be condemned if there is a continued nPPd tor such :i facility." (Exhibit 1page13). We had a meeting with former Los Angeles City Attorney Carmen Trutanich in his office in 20 ·11 where he i11forrnecl me he believed this f:icility wcis no different in potential clanger than a gasoline station. I responded with a letter elated October 1, 2011, (Exhibit B) to City Attorney Trutanich !Jut never received a reply, History from previous butane explosions across the vvorld show otherwise, The enclosed City Council exhibits infer by circumstantial evidence that no one wit·hin the City is aware of the trernendous danger presented to both residents ;md thP Port infrastructures from the Pl<lins/Rancho I.PG Dpcrations. Emph<isis is completely absent on "prevention" or protection <rnd focused primarily on the justillcation of "doing nothing." With such vivid illustrations <1S the horrific disasters ofTi<11tjin. Chin<i, the BP Gulf disaster, San Bruno ;rnd Fukushima, Japan , it is app;1Jling that politicJl leaders and public agencit'S alikt• would continue to bf:' so willing to turning a blind eye to a pnten ti al so devastating i 11 its scope of opportu11i ty . EXHZBITLI '/' 1. Letter from Professor Robert Bea, Center For Catastrophic Risk Management, Department of Civil & Environmental Engineering, Berkeley to Mr. Ronald Conrow, Rancho LPG Holdings LLC dated April 20, 2015 5 pages {a) An Instrument of Risk Management: The Law by Professor Hobert Bea Draft 1 2pages 2. Los Angeles Times article by Larry Pryor Jnly 16, 1977 "GAS FACILITY QUAKE SAFETY IHWORT QUESTIONED IN PUC REPORT" 3. Quantative Risk Analysis for Amerigas Storage, 2110 N Gaffey Street, San Pedro Ca. 90731 September 2010 by Charles Lamoureux, Environmental Consultant, President, Environmental Compliance Management Group, Garden Grove, Ca 92040 2pages 4. "IN MY BACKYARD" A CASE STUDY OF INSTITUTIONAL OBDURACY IN THE FACE OF PUBLIC SAFETY OR A CONSEQUENCE ANALYSIS OF A TERRORIST ATTACK ON THE RANCHO LPG HOLDINGS, LLC, FACILITY IN SAN PEDRO, CALIFORNIA 03/07 / l 1 BY carl.southwell@riskandpolicy.or2 or carl.southwell@email .com 22pages 5. Letter from Dr. Richard Vladovic, LAlJSD to Carmen Trutanich, City Attorney 08/29/11 6. Los Angeles City Council File 13 pages 7. Los Angeles Building & Safety Permit dated 06/13/77 with a notation on page 2 "these Permits are to legalize tanks that were built in 1973 without a Permit" Spages 8. Letter to Carmen Tnmtanich, City Attorney dated October 2, 2011 14pages 9. "FIXED & EXTREMELY HAZAHDOUS FACILITIES" REGION1\L HAZARDOUS MATEH.IALS EMERGENCY Pl.AN RENO, SPARKS AND WASHOE COUNTY MARCH 1, 2006 14PAGES 3 15 10. GOOGLE PICTURES FOR 3 MJLE AND 10 MILE RADIUS 2PAGES 11. San Bruno Gas Explosion Complaint, Case# CIVS00338, 11/04/2010 for Negligence, Intentional Infllction of Emotional Distress, Strict Liability, Private Nuisance, Public Nuisance 1page 12. CALJIC Jury Instruction Strict Liability for Ultra hazardous Activities Spages Als o includ ed are a LAD BS REQUEST FOR MODIFIC ATION OF BUILDING ORDINANCES and App eals of LAD BS Acti ons Rel a ted to Error or Abuse of Dis cretion . 4 Based upon the above, I am requesting you notify Ron Conrow, Rancho LPG and my office of the date and time for the Administrative Nuisance Abatement Proceedings. , R , · cctft !~subm itted ,, f I _,/ n hony G. Pritche t, Attorney for San Pedro Penin s ula Horn e owner's Unit e d Inc and john Tommy Rosas, Tribal Administrator, Tongva Anc e stral Territori a l Trib a l Nation Cc: rick.jacobs@lacity .org (Mayor Garcetti), jacob .haik@laclty.org , (Buscaino)@aol.com , rob.wilcox@lacity .org. (Feuer)@aol .com, lisa.pinto@mail.house.gov, (Tedlieu)@aol.com, laurie .saroff@mail .house .gov , (Hahn)@aol .com, heather .hutt@sen.ca.gov, (lsadoreHall)@aol.com, brian .mineghino@asm.ca.gov, (assemblyO'Donnell )@aol .com, John.S.Lee@Jaclty .org, (M ltchellEnglander}@aol.com, kitf@rpv .com, cc.sanchez@lacity.com , noelweiss@ca .rr.com , amartinez@earthj ustice.org , learlaw@earthlink .net, oespino- padron@earthjustice.org, mgoldenkrasner@biologicaldiversity .org, rgb251@berkeley .edu, earl .southwell@gmail.com, ronkilgore 1070@gmail .com , alan .gordon@lreasurer ca .gov,david .wulf@hq .dhs .gov , dan .tillema@csb .gov. don.holmstrom@csb.gov,richard.vladovic@lausd.net 4 16 §LA -D 8 5 REQUEST FOR MODIFICATION OF BUILDING ORDINANCES UNDER AUTHORITY OF L.A.M.C. SECTION 98 .0403 OEP•~TNfNT Of 8U l l0 1 ~.G 4110 UFETY PERMIT DATE: November 14, 2015 APP .#: JOB ADDRESS: 2110 N Gaffey Street San Pedro Tract: PMLA 2503 Block: Lot: PARCEL A Owner: PLAINS ALL AMERICA (RANCHO LPG) Petitioner: LAW OFFICES OF ANTHONY G PATCHETI Address: 2110 N GAFFEY STREET Address : PO BOX 5232 City State Zi p Phone City State Zip Phone SAN PEDRO CA (i'OM-C-t ~ 10 g ~ 3 .t:;~) /.' GLENDALE CA 91221-1099 818-243-8863 REQUEST (SUBMIT PLANS OR ADDITIONAL SHEETS AS NECESSARY) CODE SECTIONS: 12 21 .1 1Ri=ni 1>=c;T i=nR Pl 101 tr 1-lC:ActNr. AnMINISTRA.TIVF NI t1Qt.t-.1rr: 1>.qAT.EM E ~I 8G8.l~SI EL81t:lS 8.MEB.ICll.IBA~Cl::IO I or. JUSTIFICATION (SUBMIT PLANS OR ADDITIONAL SHEETS AS NECESSARY) ITHt~ i::t..~11lTY11.nvi::Dc:::i::1 v l>i::i::FrT.c; THF Pt lBUCJ:iE81 IJ:j ~E8CE OB S8EEIY OE ~EBSOtil;; Di::c:::1n1Nr, IN THF SURROUNDING AREA AND CONSTITUTES A PUBLIC NUISANCE ;': A " ANTHONY G PATCHETI, ESQ (]J~~/i~f/-j/I ATIORNEY AT LAW OwnerlPQtitloner Name {Print] {Slgnuure) J v Position FOR CITY DEPARTMENT'S USE ONLY BELOW THIS LINE Concurrences required from the following Department(s) Approved Denied D Los Angeles Fire Department Print Name Sign 0 D D Publ ic Works Bureau of Engineering Print Name Sign 0 D D Department of City Planning Print Name Sign 0 D D Department of County Health Print Name Sign 0 D D Other Print Name Sign D D DEPARTMENT ACTION Reviewed by: (Start) (print) Sign Data D GRANTED D DENIED Action taken by: (Supervisor) (print) Sign Date NOTE: IN CASE OF DENIAL, SEE PAGE #2 OF THIS FORM FOR APPEAL PROCEDURES CONDITIONS OF APPROVAL (Continued on Page 2): For Cashiers Use Only fPROCESS ONLY WHEN FEES ARE VERIFIED! FEES Appeal Processing Fee .. (No. of Items) = 1 x $130 + $39/addl = 130.00 Inspection Fee ................ (No of lnsp) = x $ 84 .00 = 0.00 Research Fee (Total Hours Worked)= x $104 .00 = 0.00 Subtota l. .......................................................... ••• .... , ... • ''"''•'••• • •ot = 130.00 Surcharge (One Stop) ................................ x 2% = 2.60 Surcharge (Systems Development).... .. .••.•. x 6% = 7.80 Total Fees .... ' ........................................................................... = 140.40 Fees verified by: Print and Sign Rev . 04-11-2013 Page 1 of2 www .ladbs.org 17 Permit App #: I Job Address: 211 0 N Gaffey Street San Pedro CONDITIONS OF APPROVAL (Continued from Page 1 ) CITY OF LOS ANGELES BOARD OF BUILDING AND SAFETY/DISABLED ACCESS COMMISSION APPEAL FORM (Must be Attached to the Modificati on Request Form , Page 1) AFFIDAVIT -LADBS BOARD OF BUILDING AND SAFETY COMMISSIONERS -RESOLUTION NO. 832-93 I, do state and swear as follows : (Print or Type Name or the Person Signing this Foon) 1. The name and mailing address of the owner of the property (as defined in the resolution 832-93) at the appeal applicat ion (LADBS Com 31) are correct. £0.Q 2 The owner of the property as shown on the appeal application will be made aware of the appeal and will receive a copy of the appea l, I declare under PENAL TY OF PERJURY that the forgoing is true and correct . Owner's Name(s) {Pldase Type or Print Please T )'"PO 01 Pnnl as shown on Owner's Signature(s) (Two Officers' Signatures Required for Corporations) !P ~Srgn Name of Corporation 1P:ease Pnrt Named Cofporatm) (Pleas• T )Pd 0( Pm) Dated this day of 20 --- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT SIGNATURE(S) MUST BE NOTARIZED State of County of on b efore me, personally appeared Name. Tlt le of Office r (e .9 Jane Doe . Notasy PubllCJ Name{S) of S911er\S) who proved to me on the bas is of satisfactory evidence to be the person(s) whose name (s) iSlare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by hiSlher/their signature(s) on the instrument in person(s). or U1e ent ity upon behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and corre<:t. VVITNESS mv hand and official seal. Signature APPEAL OF DEPARTMENT ACTION TO THE BOARD OF BUILDING AND SAFETY COMMISSIONERS/DISABLED ACCESS APPEALS COMMISSION Applicant's Name Applicant's Titl e Signature Date FEES For Cashiers Use Only Boa rd Fe e ............ ............ (No . of It em s) x $1 30.00 0.00 (PR OCE SS ONL Y WHEN FEE S ARE VERIFIED) = Inspection Fee ................ (No of ln sp .) = x $84 .00 = 0 .00 Rese arch Fee ... (T otal Hours Wo rked ) = x $104 .00 = (l.00 Su btotal ..... . .... . . ····· ..... ' ..... ' ........................... ········ ········· = 0.00 Su rcharg e (One S top ) ..... ,,, ' ' .......... .... x 2% = 0 .00 Surcharg e (Sys tems Develo pment ). .... ... x 6% = 0.00 Tota l Fees ... ........ .......... ····· ........................ ... '····~··· ~--· .. = 0 .00 Fees ve r ifie d by: Print and Sign 18 APPEALS OF l.ADBS ACTIONS RELATED TO ERROR OR ABUSE OF DISCRETION CONCERNING DETERMINATIONS, ORDERS OR ACTIONS PURSUANT TO 98.0403 Project Address 2100 N Gaffey Street I request: That my appeal be heard before the Board of Building and Safety Commissioners at a public hearing to determine that LAD BS erred or abused its discretion for the following reasons: Jssue #.1: Whether the facility jeopardizes or adverse~y af]ects the public health, peace or safety ofpersons residing in the surrounding 11rea? lss11e #2 whether the facility constitutes a public nuisance? Jssue#3 whether the City of Los Angeles errored and abused its discretion in isst1ing a Permit to a facility in 1977 that was built without a permit in 19 73 without a p11b/ic hearing? I further understand that the attached document (appeal package-attached exhibits) contains all information for the appeal AND if further information is to be added, additional fees c 1(/ ~~e 1 r sc h d u/it~,~' j:v r1u/J l]f hea 'ng date may result. Siv11t1t11rc:_L / -_,, '../. U li., An th ony G. P. c h tt Attorney at Law Dated November 14, 2015 at Glendale, California 19 Kit Fox From: Sent: To: Subject: fyi -----Original Message----- Janet Gunter <arrianeS@aol.com> Thursday, October 29, 2015 11 :47 AM Kit Fox Fwd : Mobile Refinery/Plains All American Pipelines' Rancho LPG High Risks t Population From: det310 <det31 O@juno .com> To: arriane5 <arriane5@aol.com> Sent: Thu, Oct 29, 2015 10:44 am Subject: Fw : RE: Mobile Refinery/Plains All American Pipelines' Rancho LPG High Risks to Population ----------Forwarded Message ---------- From: "Pinto , Lisa" <Lisa.Pinto@mail.house.gov > 0 To: "'det310@juno.com"' <det310@juno.com>, "Saroff, Laurie" <Laurje .Saroff@ma il.house .gov>, "Larramendi, Lara" <Lara . Larramendi@mail.house .gov>, "heathe r.hutt@sen .ca .gov" <heather.hutt@sen .ca .gov>, "rob .wilcox@lacity .org" <rob . wilcox@lacity .org>, <rick. jacobs@ lac ity.org >, "jaco b. ha ik@lacity. orq" <jacob . h aik@lac ity .org>, <rreg55@hotmail.com >, "p resident@centralsanpedro .org" <president@centralsanpedro.org>, "jdimon77@yahoo.com" "r ick .j acobs@lacity .org" "rreg55@hotmail.com" <jdimon77@yahoo.com>, "billharris2275@gma il.com" <b illharris2275@gmail.com >, "VernCHE@aol.com" <VernCH E@aol.com>, "pmwarren@cox.net" <pmwa rren@cox .net>, "bur ling 102@aol.com" <bur ling102@aol.com >, "igornla@cox.net" <igornla@cox.net>, "dwgkaw@hotma il.com" <dwqkaw@hotmai l.com >, "lhermanpg@cox.net" <lhermanpg@cox .net>, "pjwrome@yahoo .com " <p jwrome@yahoo.com>, "katyw@pacbell.net" <katyw@pacbe ll.net>, "jwebb@usc.edu" <jwebb@usc.edu>, "rcraemer@aol.com" <rcraemer@aol.com>, "goarlene@cox .net" <goarlene@cox.net> Subject: RE: Mobile Refinery/Plains All American Pipelines' Rancho LPG High Risks to Population Date: Thu, 29 Oct 2015 16:30:39 +0000 Hello Mr. Hart et al., Thank you for sending this letter along. I have sent it to Congressman Lieu for his reply. I will circle back with you as soon as I know more. Thank you again, Lisa Lisa Pinto I District Director Office of Rep. Ted W. Lieu (CA-33) P: 323-651-1040 From: det310@juno.com [mailto:det310@juno.com] Sent: Wednesday, October 28, 2015 9:50 PM To: Pinto, Lisa; Saroff, Laurie; Larramendi, Lara; heather.hutt@sen .ca.gov; rob.wilcox@lacity.org; rick.jacobs@lacity .org; jacob.haik@lacity.org; rreg55@hotmail.com; president@centralsanpedro.org; jdimon77 @yaho o.com; billharris2275@gmail.com; VernCHE@aol.com; pmwarren@cox.net; burling102@aol.com; iqornla@cox.net; dwqkaw@hotmail.com; lhermanpq@cox.net; pjwrome@yahoo.com; katyw@pacbell .net; jwebb@usc.edu; 1 20 rcraemer@aol.com; goarlene@cox.net Subject: Mobile Refinery/Plains All American Pipelines' Rancho LPG High Risks to Population San Pedro Peninsula Homeowners United, Inc. October 28, 2015 Congressman Ted Lieu 1600 Rosecrans Avenue, 4th Floor. Manhattan Beach, CA 90266 . Post Office Box 6455 San Pedro, CA 90734-6455 RE : MOBILE REFINERY I PLAINS ALL AMERICAN PIPELINE'S RANCHO LPG HIGH RISKS TO POPULATION Dear Congressman Lieu- Our homeowners in San Pedro have been reading with great interest your recent comments and actions regarding the Mobile refinery in Torrance. While we completely support your commitment to the protection of those residents surrounding that refinery, we continue to request your long awaited action on the very threatening existence of the Plains All American Pipeline operated Rancho LPG storage facility on our own back doorsteps. We genuinely understand the danger presented to the Torrance population . We realize "why" you are in the news about this facility as they have experienced visible and reported accidents that have made the jeopardy apparent. In our own situation, we have narrowly missed treacherous accidents more than once as well. One such unreported instance, was In March 2012, when there was a collision of a 30,000 gallon propane rail car that fortunately did not rupture the car. However, it is important to note that the blast from a 30,000 gallon propane rail car has a radius of .42 mile in its impact! The highly precarious situation of the Plains/Rancho LPG facility is amplified by its incredible blast radius. While the EPA has erroneously accepted a severely reduced blast radius from the Plains/Rancho LPG operation, the truth is that "one" of the facility's "two" 12.5 million gallon butane tanks has a reportable blast radius using the appropriate "flammables" worst case reporting EPA calculation of over 3 MILES! There are FIVE communities that would be directly affected by that blast including, San Pedro, Wilmington, Rancho Palos Verdes, Harbor City and Lomita! This radius also includes both ports of LA and Long Beach! Professor Bob Bea, from UC Berkeley's Center for Catastrophic Risk Management, has warned of the high risk posed by this particular facility and emphasizes the potential for a "cascading failure event" upon the multitude of ignition sources surrounding this facility, including the neighboring Phillips66 Refinery. Professor Bea's warnings should not be ignored, as one example of ignoring him was realized in the Deep Horizon Gulf disaster. Another extreme vulnerability of the Plains/Rancho facility has been recently acknowledged by our LA City Mayor, Eric Garcetti. Last March, the Mayor was asked a question on ABC news regarding the location of the Plains/Rancho facility within the earthquake rupture zone of the active Palos Verdes Fault which has a magnitude potential of 7.3. The 42 year old tanks of Plains/Rancho were built without LA City Building permits to a seismic substandard of 5.5! The Mayor admitted the danger of the situation, while he stated the monetary "need" for State and Federal intervention in order to take action on the issue . There is "much" that politicians across the board can do immediately to affect the high risk that this operation poses to the dense population and to the infrastructures of our ports. It has been a terribly frustrating experience listening to the political rhetoric and "acceptance" of extreme hazard of Rancho while witnessing their complete ambivalence to taking any preventative action. The Plains All American Pipeline disaster in Santa Barbara has illustrated the company's propensity to a lack of proper maintenance and safety management of their operations . There are many lawsuits that have been driven by the number of accidents and violations stemming from Plains All American Pipeline's mismanagement. One category of lawsuit is from shareholders who are suing based on the company's advertisement of themselves as using the highest and best safety technologies along with their high regard for safety . In our estimation, the Plains/Rancho facility should act as the "poster child" for the shareholder's claims that Plains has been negligent as it relates to its policy of safety. In 2008, Plains All American Pipeline Corporation purchased the antiquated Amerigas facility knowing full well of all of its major vulnerabilities and substandard conditions under modern standards. Obviously, the company chose to completely disregard those vulnerabilities in what we can only describe as a "gamble" for future profits . However, it appears that the gamble has not been fiscally profitable as the FERC filings have shown a financial loss at Plains/Rancho LPG of approximately $1 million/ year. 2 21 In light of your efforts in the Mobile refinery case, we urge you to finally begin serious action in order to prevent what we all recognize as a catastrophe at the Plains/Rancho LPG site of overwhelming proportions . We have been "begging " you, Congressman Waxman, Congresswoman Hahn, and all other government officials and predecessors for years to take action . We continue to do so. The disaster that is so obviously coming is entirely preventable. It only takes the sheer political will to being the process of dismantling the looming destruction that is certain to be delivered. Sincerely, Isl Chuck Hart, President SPPHU (310) 833-0959 Cc: Congresswoman Janice Hahn , State Senator Isadore Hall, Assemblyman Patrick O'Donnell , LA Mayor Eric Garcetti , LA C ity Attorney Mike Feuer, LA City Councilman Joe Buscaino, Rancho Palos Verdes City Council, NW Neighborhood Council, Central Neighborhood Council, Coastal Neighborhood Council , South Shores Homeowners Assn ., Palos Verdes Shores Homeowners , San Pedro & Peninsula Homeowners Coalition, Rolling Hills Riviera Homeowners, The League of Women Voters Protect what matters https ://ad .d o ublec lick. net/ddm/cl k/296043991; 1230490 86 : I 3 22 Kit Fox From: Sent: To: Subject: October 28, 2015 Congressman Ted Lieu det310@juno.com Thursday, October 29, 2015 1:45 PM cc MOBILE REFINERY/ PLAINS ALL AMERICAN PIPELINES RANCHO LPG HIGH RISKS TO POPULATION San Pedro Peninsula Homeowners United, Inc. Post Office Box 6455 San Pedro, CA 90734-6455 1600 Rosecrans A venue, 4th Floor. Manhattan Beach, CA 90266. RE: MOBILE REFINERY I PLAINS ALL AMERICAN PIPELINES RANCHO LPG HIGH RISKS TO POPULATION Dear Congressman Lieu- Our homeowners in San Pedro have been reading with great interest your recent comments and actions regarding the Mobile refinery in Torrance. While we completely support your commitment to the protection of those residents surrounding that refinery, we continue to request your long awaited action on the very threatening existence of the Plains All American Pipeline operated Rancho LPG storage facility on our own back doorsteps. We genuinely understand the danger presented to the Torrance population. We realize why you are in the news about this facility as they have experienced visible and reported accidents that have made the jeopardy apparent. In our own situation, we have narrowly missed treacherous accidents more than once as well. One such unreported instance, was In March 2012, when there was a collision of a 30,000 gallon propane rail car that fortunately did not rupture the car. However, it is important to note that the blast from a 30,000 gallon propane rail car has a radius of .42 mile in its impact! The highly precarious situation of the Plains/Rancho LPG facility is amplified by its incredible blast radius. While the EPA has erroneously accepted a severely reduced blast radius from the Plains/Rancho LPG operation, the truth is that one of the facility's two 12.5 million gallon butane tanks has a reportable blast radius using the appropriate flammables worst case reporting EPA calculation of over 3 MILES! There are FIVE communities that would be directly affected by that blast including, San Pedro, Wilmington, Rancho Palos Verdes, Harbor City and Lomita! This radius also includes both ports of LA and Long Beach! Professor Bob Bea, from UC Berkeleys Center for Catastrophic Risk Management, has warned of the high risk posed by this particular facility and emphasizes the potential for a cascading failure event upon the multitude of ignition sources surrounding this facility, including the neighboring Phillips66 Refinery. Professor Beas warnings should not be ignored, as one example of ignoring him was realized in the Deep Horizon Gulf disaster. Another extreme vulnerability of the Plains/Rancho facility has been recently acknowledged by our LA City Mayor, Eric Garcetti. Last March, the Mayor was asked a question on ABC news regarding the location of the 1 23 Plains/Rancho facility within the earthquake rupture zone of the active Palos Verdes Fault which has a magnitude potential of 7.3. The 42 year old tanks of Plains/Rancho were built without LA City Building permits to a seismic substandard of 5 .5 ! The Mayor admitted the danger of the situation, while he stated the monetary need for State and Federal intervention in order to take action on the issue. There is much that politicians across the board can do immediately to affect the high risk that this operation poses to the dense population and to the infrastructures of our ports. It has been a terribly frustrating experience listening to the political rhetoric and acceptance of extreme hazard of Rancho while witnessing their complete ambivalence to taking any preventative action. The Plains All American Pipeline disaster in Santa Barbara has illustrated the companys propensity to a lack of proper maintenance and safety management of their operations. There are many lawsuits that have been driven by the number of accidents and violations stemming from Plains All American Pipelines mismanagement. One category of lawsuit is from shareholders who are suing based on the companys advertisement of themselves as using the highest and best safety technologies along with their high regard for safety. In our estimation, the Plains/Rancho facility should act as the poster child for the shareholders claims that Plains has been negligent as it relates to its policy of safety. In 2008, Plains All American Pipeline Corporation purchased the antiquated Amerigas facility knowing full well of all of its major vulnerabilities and substandard conditions under modern standards. Obviously, the company chose to completely disregard those vulnerabilities in what we can only describe as a gamble for future profits. However, it appears that the gamble has not been fiscally profitable as the FERC filings have shown a financial loss at Plains/Rancho LPG of approximately $1 million/ year. In light of your efforts in the Mobile refinery case, we urge you to finally begin serious action in order to prevent what we all recognize as a catastrophe at the Plains/Rancho LPG site of overwhelming proportions. We have been beggingyou, Congressman Waxman, Congresswoman Hahn, and all other government officials and predecessors for years to take action. We continue to do so. The disaster that is so obviously coming is entirely preventable. It only takes the sheer political will to being the process of dismantling the looming destruction that is certain to be delivered. Sincerely, Isl Chuck Hart, President SPPHU (310) 833-0959 Cc: Congresswoman Janice Hahn, State Senator Isadore Hall, Assemblyman Patrick ODonnell, LA Mayor Eric Garcetti, LA City Attorney Mike Feuer, LA City Councilman Joe Buscaino, Rancho Palos Verdes City Council, NW Neighborhood Council, Central Neighborhood Council, Coastal Neighborhood Council, South Shores Homeowners Assn., Palos Verdes Shores Homeowners, San Pedro & Peninsula Homeowners Coalition, Rolling Hills Riviera Homeowners, The League of Women Voters What's your flood risk? https://ad .doubleclick. net/ddm/clk/296039786; 123049087;t 2 24 Kit Fox From: Sent: To: Cc: Subject: Janet Gunter <arrianeS@aol.com> Saturday, October 31, 2015 10:04 PM det310@juno.com; MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; amartinez@earthjustice.org; oespino-padron@earthjustice.org; connie@rutter.us; marciesmiller@sbcglobal.net; jnm4ej@yahoo.com; lynneyres@yahoo.com; lonnacalhoun@me.com; igornla@cox.net; dwgkaw@hotmail.com; VernCHE@aol.com; jhwinkler@me.com; burling102@aol.com; pmwarren@cox.net; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; cJjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; james@randomlengthsnews.com; Kit Fox; joergatlin45k@gmail.com; joegalliani@gmail.com; learlaw@earthlink.net; DarleneZavalney@aol.com; rregSS@hotmail.com; diananave@gmail.com; overbid2002 @yahoo.com; sarahnvaldez@gmail.com lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; Lara.Larramendi@mail.house.gov; heather.hutt@sen.ca.gov; rob.wilcox@lacity.org; rick.jacobs@lacity.org; richard.vladovic@lausd.net Yet another little ditty re: Plains/Rancho LPG operators ... http://www. ocreg iste r. com/articles/o i 1-689600-p u bl ic-aven u e. htm I 1 25 11/17/2015 Print Article : Update: Cypress leak spilled about 1,400 gallons of oil , water mix ture ORANGE CO NTY REGISTER Update: Cypress leak spilled about 1,400 gallons of oil, water mixture By LOUI S C AS IAN O Jr. and ALYSSA DURANTY 2015-10-28 18:17:47 ,-CYPRESS -Public works crews continued to work Thursday evening on an inactive underground oil pipe that burst Wednesday, sending black liquid onto Cerritos Avenue, causing two lanes to be closed between Valley View and Holder streets. The leak started at 9:30 a.m. Wednesday, when a city public works employee working in the area of Cerritos Avenue and Valley View Street noticed oil coming from the eastbound lanes on Cerritos Avenue, city spokeswoman Anna Sanchez said. Chevron and Plains All American Pipeline each have one petroleum pipe underground near where the oil was found. Around 1,400 gallons of a mixture of oil and water had leaked from a Plains All American pipe by nightfall Thursday evening, said Meredith Matthews, a spokeswoman for Plains. "The location of the (oil) release is an intersection that contains several pipelines, including a non-active Plains pipeline that was idled and purged of oil in 1997, as well as pipelines belonging to other companies," said Matthews. Crews with Plains All American determined the leak came from its pipe after excavating around it. They were working Thursday night to contain and remove the oily water mix and contaminated soil around the pipeline and to begin repairs to the street. Sandbags contained the oil to the spillage area before it reached the storm drains Wednesday night, and residents and businesses in the area are not at risk, Orange County Fire Authority Capt. Steve Concialdi said. An OCFA hazmat team, the Golden State Water Company and the California Department of Fish and Wildlife officials were at the scene Wednesday night on standby, Concialdi said. Officials said crews worked slowly to avoid disrupting water and sewer lines, but the leak was stopped early Thursday morning. "As we complete our cleanup efforts, we will initiate an investigation regarding the cause of the incident," Matthews said. On May 19, a 24-inch Plains All American ruptured pipe spilled 140,000 gallons of crude oil onto land, beaches and the waters near Refugio State Beach in Santa Barbara County. Contact the writer: 714-796-2478 or lca sian o @ocreg ister.com ©Copyright 2015 Freedom Communications. All Rights Reserved. Privacy Po licy I User Agreement I Site Map http ://www .ocregister .com/com man/printer/view .php?db=ocregister&id=689600 1/1 26 Kit Fox From: Sent: To: Cc: Subject: It never ends with them Kathleen kathleen dwgkaw <dwgkaw@hotmail.com> Sunday, November 01, 2015 12:47 AM Janet Gunter; det310@juno.com; MrEnvirlaw@sbcglobal.net; noelweiss@ca .rr.com; amartinez@earthjustice.org; oespino-padron@earthjustice.org; connie@rutter.us; marciesmiller@sbcglobal.net; jnm4ej@yahoo.com; lynneyres@yahoo.com; lonnacalhoun@me.com; igornla@cox.net; VernCHE@aol.com; jhwinkler@me.com; burl ing102@aol.com; pmwarren@cox.net; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; james@randomlengthsnews.com; Kit Fox; joergatlin45k@gmail.com; joegalliani@gmail.com; learlaw@earthlink.net; DarleneZavalney@aol.com; rregSS @hotmail.com; diananave@gmail.com; overbid2002@yahoo.com; sarahnvaldez@gmail.com lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; Lara .Larramendi@mail.house.gov; heather.hutt@sen.ca.gov; rob.wilcox@lacity.org; rickjacobs@lacity.org; richard .vladovic@lausd.net RE: Yet another little ditty re: Plains/Rancho LPG operators ... Sent via the Samsung GALAXY S®4 , an AT&T 4G L TE smartphone --------Original message -------- From: Janet Gunter <arriane5@aol.com> Date:l0/31/2015 10:04 PM (GMT-08:00) To: det31 O@juno.com, MrEnvirlaw@sbcglobal.net, noelweiss@ca.rr.com, amartinez@earthjustice.org, oespino-padron@earthjustice.org, connie@rutter.us, marciesmiller@sbcglobal.net, jnm4ej@yahoo.com, lynneyres@yahoo.com, lonnacalhoun@me.com, igornla@cox.net, dwgkaw@hotmail.com, VernCHE@aol.com, jhwinkler@me.com, burling 102@aol.com, pmwarren@cox.net, lhermanpg@cox.net, pjwrome@yahoo.com, katyw@pacbell.net, jwebb@usc.edu, c.jjkondon@earthlink.net, rcraemer@aol.com, goarlene@cox.net, james@randomlengthsnews.com, kitf@rpv.com, joergatlin45k@gmail.com, j oegalliani@gmail.com, learlaw@earthlink.net, DarleneZavalney@aol.com, rreg5 5@hotmail.com, diananave@gmail.com, overbid2002@yahoo.com, sarahnvaldez@gmail.com Cc: lisa.pinto@mail.house.gov, laurie.saroff@mail.house.gov, Lara.Larramendi@mail.house.gov, heather.hutt@sen.ca.gov, rob. wilcox@lacity.org, rick.jacobs@lacity .org, richard .vladovic@lausd.net Subject: Yet another little ditty re: Plains/Rancho LPG operators ... http://www. ocreg ister. com/articles/o il-689600-public-aven ue. html 1 27 Kit Fox From: Sent: To: Cc: Subject: Attachments: Janet Gunter <arriane5@aol.com> Saturday, November 07, 2015 10:10 PM det310@juno.com; MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; amartinez@earthjustice.org; oespino-padron@earthjustice.org; dwgkaw@hotmail.com; marciesmiller@sbcglobal.net; connie@rutter.us; jhwinkler@me.com; lljonesin33 @yahoo.com; owsqueen@yahoo.com; lonna@cope-preparedness.org; igornla@cox.net; pmwarren@cox.net; burling102@aol.com; jdimon77@yahoo.com; darlenezavalney@aol.com; sarahnvaldez@gmail.com; rreg55@hotmail.com; overbid2002@yahoo.com; diananave@gmail.com; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; mandm8602@att.net; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; president@centralsanpedro.org; miraclegirl2 @verizon.net; fxfeeney@aol.com; vdogregg@aol.com lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; heather.hutt@sen.ca.gov; Kit Fox; gene_seroka@portla.org; conni.palinni-tipton@lacity.org; rick.jacobs@lacity.org; rob.wilcox@lacity.org; brian.mineghino@asm.ca.gov Fwd: Burn off 20151107 _154801_resized.jpg; 20151107 _154532_resized.jpg; 20151107 _154411 _resized.jpg; 20151107 _154324_resized.jpg; 20151107 _154745_resized.jpg DO WE REALLY HAVE TO WAIT FOR THIS DISASTER TO HAPPEN??? -----Original Message----- From: Sherry Lear <learlaw@earthlink.net> To: Janet Gunter <arriane5@aol.com>; Joe Galliani <joegalliani@gmail.com> Sent: Sat, Nov 7, 2015 8:49 pm Subject: FW: Burn off This was happening while my son's team played soccer at the Field of Dreams today. Burn off lasted 7 minutes. The propane tanks were being doused with water. The butane tanks were being hosed down . ?? Sherry From: learlaw [mailto:learlaw@earthlink.net] Sent: Saturday, November 07, 2015 8:42 PM To: Sherry Email Subject: Burn off Today Sent via the Samsung GALAXY S®4, an AT&T 4G L TE smartphone 1 28 Kit Fox From: Sent: To: Cc: Peter Warren <pmwarren@cox.net> Saturday, November 07, 2015 10:32 PM Janet Gunter chuck hart; MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; amartinez@earthjustice.org; oespino-padron@earthjustice.org; dwgkaw@hotmail.com; marciesmiller@sbcglobal.net; connie@rutter.us; jhwinkler@me.com; lljonesin33 @yahoo.com; owsqueen@yahoo.com; lonna@cope-preparedness.org; igornla@cox.net; June Smith; James Dimon; darlenezavalney@aol.com; sarahnvaldez@gmail.com; rregSS @hotmail.com; overbid2002@yahoo.com; diananave@gmail.com; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; mandm8602@att.net; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; cjjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; president@centralsanpedro.org; miraclegirl2 @verizon.net; fxfeeney@aol.com; vdogregg@aol.com; lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; heather.hutt@sen.ca.gov; Kit Fox; gene_seroka@portla.org; conni.palinni-tipton@lacity.org; rickjacobs@lacity.org; rob.wilcox@lacity.org; brian.mineghino@asm.ca.gov Subject: Re: Burn off OMG. What do we need to do to get help? On Nov 7, 2015, at 10:10 PM, Janet Gunter <arriane5 @ aol.com> wrote : DO WE REALLY HAVE TO WAIT FOR THIS DISASTER TO HAPPEN??? -----Original Message----- From: Sherry Lear <learlaw@earthlink.net> To: Janet Gunter <arrianeS@aol.com >; Joe Galliani <joegalliani@gmail.com > Sent: Sat, Nov 7, 2015 8:49 pm Subject: FW: Burn off This was happening while my son's team played soccer at the Field of Dreams today. Burn off lasted 7 minutes. The propane tanks were being doused with water. The butane tanks were being hosed down. ?? Sherry From: learlaw [mailto:learlaw@earthlink.net] Sent: Saturday, November 07, 2015 8:42 PM To: Sherry Email Subject: Burn off Today Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smaitphone <2015l107 _154801_resized.jpg><20151107 _154532_resized.jpg><20151107 _15441 l_resized.j pg><20151107 _154324_resized.jpg><20151107 _154745 _resized.jpg> 1 29 Kit Fox From: Sent: To: Cc: Subject: Attachments: Janet Gunter <arriane5@aol.com> Wednesday, November 11, 2015 2:18 PM gene_seroka@portla.org MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; det310@juno.com; connie@rutter.us; igornla@cox.net; jnm4ej@yahoo.com; amartinez@earthjustice.org; oespino- padron@earthjustice.org; rob.wilcox@lacity.org; rickJacobs@lacity.org; heather.hutt@sen.ca.gov; Kit Fox; laurie.saroff@mail.house.gov; lisa.pinto@mail.house.gov; brian.mineghino@asm.ca.gov; rgb251@berkeley.edu; ahricko@hsc.usc.edu Response to Seroka's letter of October, 2015 re: Plains All American Pipeline/Rancho LPG debacle seroka response from gunter nov 2105 (1).docx; Letter to Ms. Gunter dated 102015.pdf 1 30 THE PORT OF LOS ANGELES 425 s. Palos Verdes Street Post Office Box 151 San Pedro, CA 90733-0151 lEL/TDD 310 SEA-PORT www.porloflosangeles.org Eric Garcettl Mayor, City of Los Angeles Board of Harbor Ambassador Vilma S. Mar11nez Commissioners President Eugene D. Seroka Executive Director October 20, 2015 Ms. Janet Gunter 1606 Sunnyside Terrace San Pedro, California 90732 Ms . Gunter: David Arlan Vice President Patricia Castellanos Anthony Plroul, Jr. Edward R. Renwick Thank you and the other concerned community members and organizational leaders for coming to the Harbor Department to meet with me to discuss the Rancho LPG facility located at 2110 North Gaffey Street in San Pedro (Rancho). I appreciated the opportunity to hear from you directly and I am very aware that the issues involving Rancho are longstanding and that you care deeply about their resolution. To reiterate what I said when we were together, safety is of paramount importance to me. I am concerned about the safety of the port complex as a whole, but more importantly I am focused on the health and welfare of all of the people who live and work here at the port and in the surrounding communities. Consequently, I wanted to take the opportunity to give you my thoughts regarding some of the items raised during our meeting. My staff has investigated comments made at the meeting regarding Harbor Department ownership or interest in, tidelands or otherwise, the property found within Rancho's fence line. We confirmed that the land subject to Revocable Permit No. 10-05 is Harbor Department property, and represents the northerly border of the Harbor Department in the area. Importantly, staff confirmed that Harbor Department property does not extend into the actual Rancho facility, which is situated on private property over which the Harbor Department exercises no control and in which it has no interest. These facts were verified again after our meeting by utilizing Los Angeles County Assessor records. Please find a map attached that demonstrates the limits of the Harbor Department's property in that area. (Transmittal 1) As the Harbor Department has neither control over the Rancho site nor interest in the property, many of the actions suggested to be taken in regard to Rancho by you or other community members during our meeting are beyond the powers of the Harbor Department. This includes having the Harbor Department provide oversight of this property, requiring Rancho to build a protective barrier around its facility, or requiring a new permit from the Los Angeles Fire Department (LAFD) with $500,000 for extra LAFD inspections and oversight. There were also several comments regarding risk management issues, some involving the Rancho facility itself and others expressing concern that the Harbor Department Risk Management Plan (Plan) may not have been presented to the Los AN EQUAL EMPLOYMENT OPPORTUNITY • AFFIRMATIVE ACTION EMPLOYER Pri nted on recycled poper @ 31 Ms. Janet Gunter October 20, 2015 Page 2 Angeles City Council. As described above, the Harbor Department does not own or have any interest in the Rancho site and therefore does not have the power to mandate new safety requirements for the Rancho facility. Moreover, the Plan was approved by the Los Angeles Board of Harbor Commissioners on August 18, 2013, certified by the California Coastal Commission on March 12, 2014, and deemed approved by City Council on April 30, 2014. Other concerns were expressed regarding the transportation of hazardous or potentially explosive material on rail tracks that extend through Harbor Department property. As you are aware, the Harbor Department is bound by federal law when it comes to rail operations, guided primarily by the United States Department of Transportation's Federal Railroad Administration. Federal law contains very specific requirements and procedures for the labeling and movement of hazardous materials by rail. This type of material must be labeled and monitored throughout its journey within the nation's rail network during which the Railroads must be able to pinpoint any rail car carrying this type of cargo at any location within the system within 5 minutes of a request to do so from the United States Department of Homeland Security. Please remember that Rancho LPG is only equipped to handle 4 loaded spot cars. Therefore, Pacific Harbor Line (PHL) brings 4 cars into the facility, and removes 4 empties. Also of note, PHL does not handle any PIH or TIH cars. (PIH -Po iso nous Inhalation Hazard ; term used to identify certain gases and liquids that may cause health problems if breathed in very low concentrations for short periods of time . TIH - T oxic Inhalation Hazard ; term used to identify certain gases and liquids that may cause health problems if breathed in very low concentrations for short periods of time.). Finally, I see no reason to seek outside counsel in order to, among the various suggestions, determine the appropriate level of insurance, as I do not believe a conflict exists between the City of Los Angeles and its own Harbor Department. The Los Angeles City Charter makes clear that the Los Angeles City Attorney's Office is to represent the Harbor Department and that the Harbor Department is a part of and not distinct from the City of Los Angeles -no conflict exists therein . However, the Harbor Department already obtains outside expert advice when setting insurance rates. As the attached recent letter to the California State Lands Commission demonstrates, not only is the Harbor Department ahead of other ports on the western sea board in terms of our rail insurance requirements but outside insurance brokers have advised the Department in the setting of those rates. (Transmittal 2) I hope this letter has helped you better understand the Port's position concerning the Rancho site. Thanks again for coming to meet with me and I truly appreciate all of the time and effort you spend on behalf of the Harbor community. Regards , ---/ / EUGENE D. SEROKA Executive Director 32 Nov. 11, 2015 Mr. Gene Seroka, Exec. Director Port of Los Angeles 425 S. Palos Verdes St. San Pedro, CA 90731 Dear Mr. Seroka: With all due respect, it appears that either you don't understand fully what transpired at our meeting in August, or you, and staff are carefully circumventing our stated concerns in order to avoid doing anything about the present dangers. The most obvious of these concerns relate to our fears of these highly explosive commodities, butane and propane gases. The Port's pronouncement of such great concern for community safety seems disingenuous in the face of the extreme hazard posed to thousands of nearby residents by the mere presence of such a massive and highly explosive facility. You must remind yourself and staff that the original 25 million gallon LPG facility was "introduced" and "approved" by your agency. The port asserts that it has absolved itself of any responsibility of this site, due to the expiration and non-renewal of their 30 year lease to a wharf providing pipeline access at berth 120 (based on port safety concerns). However, this volatile gas continues to be transported to and from the Plains/Rancho facility, on rail within mere feet of neighborhoods, shops, schools, and of both a busy public highway and freeway. This transport facilitation takes place across public trust lands over your port controlled rail line. For whatever reason, one that is beyond our comprehension, you, Mr. Seroka, have chosen to disregard the very hazardous explosive nature of this gas by pointing out that it is NOT a "Poisonous Inhalation Hazard"! This is not news to any of us! Our insecurities are based entirely around this gas as being a "highly explosive and flammable gas" whose individual 30,000 gallon rail cars have a blast radius of .42 mile! I have attached a photo of a rail car collision on the port's controlled rail spur at Westmont and Gaffey streets in Spring of 2012. If you look carefully, you will see the red triangular "hazardous" placard that is carefully and diligently posted to identify the cargo on every "hazardous" rail car. As you see, it is present because these rail cars are regarded as "highly hazardous flammable and explosive". In fact, the US Coast Guard identifies all liquefied petroleum gas, including butane, propane and methane, as "a commodity of particular hazard". Therefore, the dance that you perform in your letter that attempts to completely ignore the "highly explosive" hazard of this propane gas transport is bizarre . While you note the import the Federal Government and OHS places on the oversight and monitoring of the movement of hazardous cargoes over the rail, you have deflected our question to you regarding what is the "volume" of this explosive propane gas that is being shipped on your port rail daily. Does the Port keep records on that volume and/or the location of those rail cars on its own premises? A public records act request was made several months ago for a list of the members and minutes of your "rail committee" that is referenced in your Pacific Harbor Rail Line contract. We received an answer back from that port request that stated that there were "no records" available. Also, you and the port staff have never addressed our concerns that both your contract with Plains All American Pipeline I Rancho LPG and your contract with Pacific Harbor Rail Line (the intra port rail operators) specifically "prohibit" the transport of hazardous commodities across your rail. That is a very glaring mistake! At the very least, don't you agree that those contracts should be corrected to properly coincide with the existing transport instead of ignoring the hard reality of its current use for such hazardous cargo movement? 33 Your letter to the State Lands Commission regarding insurance states that the Port's insurance broker has accepted that the insurance requirements either "meet or exceed" the insurance of other ports. Who are the insurance brokers who advised the setting of those rates for US ports and what specifically do they state? Aren't ports all vastly different in their amounts of cargo throughput and hazardous handlings? We are issuing a public records act request for the name of your insurance broker and all foundation used by them to establish the "adequate" level of insurance carried and the formula used to analyze the explosive impact radius of hazardous gases, oils and chemicals. You also state that the PHL rail operator is required to hold $50 million dollars in insurance coverage. You describe that amount also as being determined "appropriate" to cover any losses. Again, we request the substantiation for that determination. I reiterate that each 30,000 gallon rail car of propane has a blast radius of .42 mile. It seems highly unlikely that $50 million would be "adequate" coverage particularly in considering the costs stemming from the pipeline rupture in San Bruno, that affected a city block, whose damages now exceed $2 billion. While the port references Plains/Rancho LPG's naming of the City of LA as "additionally insured", there is no mention anywhere about liability coverage of operations that protect the public or neighboring municipalities such as Rancho Palos Verdes or Lomita. It is clear that the Port of LA does not believe that they have any obligation to the public in that regard. While this is something that we, as a community have always felt, the truth of that is painfully evident in your correspondence. Here is where the conflict of interest comes seriously into play. As citizens of the City of LA, who deserve protection, we are left to the LA City attorneys whose first consideration is the health and economic well-being of the Port of LA. This facility, from inception in 1973, had enough conflicts of interests that decisions were left to the Board of Referred Powers. Unfortunately, that too was a sham, but at least painted a picture of the city's recognition of the conflict. Conflicts continue to exist today and seriously interfere with the health and safety of LA's constituents. Frankly, we are left with the fox guarding the henhouse as exhibited in the port's lack of adherence to their legal settlement agreement in the China Shipping lawsuit. Outside legal advisors are necessary in this situation to cut the ties to the bias that play to "only" the economic benefit of the City of LA and Port industry. The local "people" are not being properly considered nor protected in decisions and operations that dramatically affect them at the Port of LA. This Plains/Rancho situation is one of the most clearly obvious. In final, while no one within the City or Port of LA denies the tremendous danger presented to both residents and the Port infrastructures from the Plains/Rancho LPG operations, emphasis is completely absent on "prevention" or protection and focused primarily on the justification of "doing nothing". With such vivid illustrations as the horrific disasters of Tianjin, China, the BP Gulf disaster and Fukushima, Japan, it is appalling that political leaders and public agencies alike would continue to be so willing to turning a blind eye to a potential so devastating in its scope of opportunity. Our harbor communities will continue to fight this insane injustice. Sincerely, Janet Gunter 34 Kit Fox From: Sent: To: Cc: Subject: Janet Gunter <arrianeS@aol.com> Friday, November 13, 2015 8:44 PM det310@juno.com; connie@rutter.us; noelweiss@ca.rr.com; igornla@cox.net; dwgkaw@hotmail.com; jhwinkler@me.com; marciesmiller@sbcglobal.net; pmwarren@cox.net; burling102@aol.com; lynneyres@yahoo.com; darlenezavalney@aol.com; rreg55@hotmail.com; sarahnvaldez@gmail.com; learlaw@earthlink.net; joegalliani@gmail.com; joergatlin45k@gmail.com; marcusmusante@gmail.com; miraclegirl2@verizon.net; fxfeeney@aol.com; lonna@cope-preparedness.org lisa.pinto@mail.house.gov; laurie.saroff@mail.house.gov; brian.mineghino@asm.ca.gov; heather.hutt@sen.ca.gov; rob.wilcox@lacity.org; rick.jacobs@lacity.org; rgb251 @berkeley.edu; ahricko@usc.edu; Kit Fox Fwd: FYI God willing .... SOMEONE will begin the process of understanding the unbelievably high risk that the Plains owned highly explosive Rancho LPG facility and their antiquated operation represents to the lives and well being of Harbor residents and port structures ......... AND what a great "target" of disaster opportunity it is! Janet G -----Original Message----- From: Carl Southwell <carl.southwell@gmail.com> To: Janet Gunter <arriane5@aol.com>; AGPatchett <mrenvirlaw@sbcglobal.net> Sent: Fri, Nov 13, 2015 7:27 pm Subject: FYI http://www.reuters.com/article/2015/11 /13/us-plains-all-amer-oipeline-california- id USKCNOT22SL20151113#G9WDi6c1 e3QLhFeW.97 Carl Southwell Contact me at (use whichever you prefer) : earl. southwell@gmail.com earl . southwell@riskand pol icy.erg Visit: www.pressfriends.org Making writing fun for elementary school kids, empowering kids to become mentors and leaders, and creating friendships among youth from diverse backgrounds. 1 35 Kit Fox From: Sent: To: Cc: Subject: Hello again Diana- Janet Gunter <arrianeS@aol.com> Tuesday, November 17, 2015 10:13 AM DHenderson@portla.org; gene_seroka@portla .org MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; amartinez@earthjustice.org; oespino- padron@earthjustice.org; mgoldenkrasner@biologicaldiversity.org; learlaw@earthlink.net; det310@juno .com ; igornla@co x.net; rregSS@hotmail.com ; jdimon77@yahoo.com; president@centralsanpedro.org; Kit Fo x Fwd : Public Records Act Request U pon reflection, I thought about the broad scope of this request and understand how unwieldy this request could get. So, I think a more prudent approach would be for the port to allow a few of us to inspect the relevant port documents on premises to better understand how the process of reaching "appropriate" insurance coverage has been ascertained . That way we won't be killing anymore trees nor adding undue expense while accomplishing our goal. Please let me know if th is meets your agency's approval. Thank you, Janet G From: Janet Gunter Sent: Tuesday, November 17, 2015 9:38 AM To: DHenderso n@portla.org ; gene seroka @portla.org Cc: MrEnvirlaw@sbcgloba l.net ; noelweiss@ca .rr.com ; amartinez@earthjustice.org ; oespino-padron@earthjustice.org ; m go lden krasner@bio log icaldiversity .org ; learlaw@earthlink.net ; det310@juno.com ; igornla@cox.net ; rregSS@h otma il.com ; jdimo n77@yahoo.com ; presi dent@centralsanpedro .org ; kitf@rov.com Subject: Public Records Act Request Hello Diana- Under public records act, I hereby request ; the name of the Port of LA's insurance broker/brokers, and all recent correspondence, policies and foundation for insurance coverage related to port tenants and their operations. Also, please include whether there is a national level of insurance that is in place that has been determined as a standard for all ports, and any means used to establish why that level is regarded as appropriate. In addition, please include in this request all foundation introduced by insurance brokers to substantiate and validate the proper financial threshold of insurance liability coverage stemming from all port hazardous term inals, all rail transportation , and handling of petroleum oil products, chemicals and other hazardous commodities, across port owned and/or controlled properties . We also request any information that has been used to determine an appropriate level to cover potential losses from accidents or terrorism attacks and why or how that was determined . Please provide the calculations used by broker/brokers to estimate blast radius , and/or other potential impacts and losses to the public stemming from port related hazardous businesses such as air toxins , ground contamination , water pollution etc. We wish to review all information related to the estimation of what constitutes the port's insurance carrier's determination of their existing coverage as "adequate". Thank you . Janet Gunter 1 36 September 22, 2015 The Honorable Ted Lieu United States House of Representatives 5055 Wilshire Boulevard, Suite 310 Los Angeles, California Subject: Dear Mr. Lieu: United States Navy Defense Fuel Support Point, San Pedro, California Draft Environmental Assessment for Complete or Partial Closure As a follow-up to the meeting held at your district office Thursday, September 17, 2015 regarding the United State Navy Fuel Depot in San Pedro, [am writing to first thank you and Mr. Joey Apodaca of your staff for your interest and assistance in this matter. Second, based on the broadly shared concerns among constituent groups participating, it seems beneficial if you would consider sending a letter on the San Pedro Fuel Depot to Secretary of the Navy Mabus or another appropriate USN point-of-contact. At this stage in the Navy's environmental review, a letter from you could affirm the importance of the Fuel Depot within the 33rd District -and indeed nationally under the federal Endangered Species Act -and indicate on behalf of district constituencies your interest that the Navy be fully responsive to all issues and concerns specified in comment letters on the August 2015 Draft Environmental Assessment. Finally, and as described on the attached "DFSP lssues Background" one-page, there may be value in a follow-up meeting convened by your office in the next 1-4 months. The district office review indicated that basic agreement may exist locally on the outlines of a final site use plan at the Fuel Depot. After the various interested groups confer, a follow- up meeting would be useful to discuss our joint vision for this property, together with some possible alternatives, as described further in "DFSP lssues Background". Thank you again for your own and your staffs interest and assistance in this matter. /~'Y·o~ Frank O'Brien - Navy Neighbors of San Pedro and Palos Verdes cc: City of Rancho Palos Verdes Mayor Jim Knight, Mayor Pro Tern Susan Brooks and City Council c/o Kit Fox & City Manager Douglas Willmore Northwest San Pedro Neighborhood Council Diana Nave 37 cc: continued: California Native Plants Society I South Coast Chapter David Berman California Native Plants Society I Los Angeles Santa Monica Mountains Chapter Snowdy Dodson Center for Biological Diversity Lisa Belenky Earth Justice Adrian Martinez Endangered Habitats League Jess Morton Natural Resources Defense Council, Santa Monica Damon Nagami; Melissa Lin Perella Navy Neighbors of San Pedro & Palos Verdes Michelle Black, Chatten-Brown & Carstens LLP Palos Verdes Peninsula Land Conservancy Andrea Vona Palos Verdes/ South Bay Audubon Society David Quadhamer San Pedro Homeowners Coalition Chuck Hart Sierra Club Palos Verdes South Bay Group I Angeles Chapter Eva Cicoria; Barbara Sattler; Al Sattler Martin Byhower Jeremiah Noel George, PhD Mitch Heindel II 38 United States Navy Defense Fuel Support Point, San Pedro, California DFSP Issues Background -September 21, 2015 The comment letters and discussion during the Wilshire Boulevard office meeting September 17, 2015 show wide interest and concern exist regarding current and future use of the San Pedro Main Terminal component (the "Fuel Depot) of DFSP San Pedro. This interest and concern arise because the 300-acre San Pedro Fuel Depot contains one of the most important natural ecosystems in the urban LA basin. Site natural resources include federally-listed, rare, critically endangered and threatened plant and animal species. In addition, future use of the site could have significant harmful or beneficial effects on quality of life in surrounding San Pedro and City of Rancho Palos Verdes communities. Recent housing and other new development at nearby closed military sites along the San Pedro-City of RPV boundary are expected to create environmental and quality of life impacts, particularly the prospect of increased traffic and diminished air quality, congestion delay and related issues, making us now especially vigilant as to possible future uses at the Fuel Depot. Fortunately there appears to be much agreement locally on the outlines of a final site use plan at the Fuel Depot. A final consensus plan would support the Navy's military mission and address natural resource requirements and goals via a robust, expert-directed restoration and maintenance program. The Fuel Depot site also has excellent education and scientific research potential along with the intrinsic worth of its biodiversity and aesthetic utility as open space. A final plan should resolve community quality of life elements identified by City of Rancho Palos Verdes, Northwest San Pedro Neighborhood Council and others. However our discussion indicated that these inter-related issues might not be resolved through the environmental compliance regime within which the Navy is now working. Accordingly, there may be value in a follow-up project meeting at an appropriate point during the next 1-4 months to review site issues and options. Such a meeting convened by the Congressional office could include the Navy, US Fish and Wildlife Service, City of Rancho Palos Verdes and Northwest San Pedro Neighborhood Council representatives together with the site's other constituencies. It would allow us to mutually understand constraints, requirements and goals and help resolve issues not considered within the environmental review process as such. Note: While this Jetter and background page have been emailed to those participating, it is not a consensus statement regarding the site itself. Each entity has a process for arriving at its respective position; these positions are currently expressed in the comment letters. Also, for information, "Navy Neighbors of San Pedro & Palos Verdes" in an unincorporated association formed to assist and coordinate on the project. 39 NOTICE OF AVAILABILITY Re-Release of the Draft Environmental Assessment for the Proposed Complete or Partial Closure of Defense Fuel Support Point San Pedro, California Department of Defense U.S. Department of the Navy In response to comments received during the Draft Environmental Assessment (EA) Public Review Period, the Navy has decided to re-release the Draft EA for further public review and comment beginning on November 20, 2015. The intent of this reopening of the Public Review Period is to provide the opportunity for additional public participation. The Draft EA is available for on-line review at: www.cnic.navy.mil/ calbcach . The Draft EA is also available for hardcopy review at the following public libraries: * San Pedro Regional Branch Library, 931 South Gaffey Street, San Pedro, CA * The Harbor Gateway City Library, 24000 Western Avenue, Los Angeles, CA * Los Angeles Public Library Wilmington, 1300 North Avalon Boulevard, Wilmington, CA Key documents referenced in the Draft EA are available via the Navy website and at the above libraries. Documents referenced in the Draft EA are also available upon request. Submit comments on the Draft EA to NA VF AC SW, ATTN: Code JE20.TB, 1220 Pacific Highway, Building 131, San Diego, CA 92132, or via email to nwssbpao@navy.mil, no later than December 9, 2015. The Public Review Period will close on December 9, 2015. 40 ~~!~~~~~~~~~:-_ -----...... -------------------___ -----'"':. -------______ ;::.:------------ ---------------------------\ ---------\ ... _ ...... --..... _ ... _ 0 .. "'C ~ c ~ .:it." .. N~ # Q. c ·-0 .z:. ·.i:o 11'1 "' "'C ... ~ .,,, ·-.. c u.. 0 cu ·.i:o c "' cu > 0 .... cu ~ Ill cu .c Q.I Oo 41 _ _,..,, 11.J -~l .• 3 ~ ·~1 g ~ i),1) c) •p ~ ··=' ·=- !:1 ~~ ~-=- '=-dJ 1,1') S! =-o s s c) Q,. I~ ·~ 4.=..3' ~~ i\J ~ ~ ~ ·~1 9. °CJ 11) 1JJ s L.J ·~1 iU ~ .~ •.::...-=-c) c) ~ ~ l._J 42 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 18, 2015 at 6:30 p.m. or as soon thereafter as practicable at the regularly scheduled meeting of the Palos Verdes Peninsula Unified School District Board of Trustees, which will be held at the Malaga Cove Administration Center, 375 Via Almar Palos Verdes Estates, California, the Board of Trustees will consider for approval a resolution adopting findings required by Government Code section 4217.10 et seq. regarding anticipated energy cost savings and other benefits from entering into the Solar Energy Power Purchase Agreement ("Agreement") with PFMG Solar, LLC ("PFMG"). Pursuant to the Agreement, PFMG will design, construct, install and operate solar and generation facilities at various school sites throughout the District. The resolution and supporting documents will be on the regular Agenda for public comment and proposed action. Exhibit A 11-18-15 43 Resolution No. 10 -2015/ l 6 RESOLUTION OF THE GOVERNING BOARD OF PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT OF CEQA EXEMPTION FOR ENERGY CONSERVATION FACil..ITIES PROJECT WHEREAS, the Palos Verdes Peninsula Unified School District ("District") desires to implement projects to promote energy efficiency and renewable energy production to achieve energy cost reductions; WHEREAS, an agreement for design and construction of certain Energy Conservation Facilities is pending approval between the District and PFMG Solar, LLC ("Agreement"); WHEREAS, the purpose and intent of the Agreement comprise a Project ("Project") for purposes of the Califomia Environmental Quality Act ("CEQA"); WHEREAS, Public Resources Code Section 21080.35 exempts certain projects from further CEQA evaluation, including projects consisting of solar photovoltaic installations on existing roofs and parking lots, and the Guidelines for CEQA, Califomia Code of Regulations Title 14, Chapter 13 ("State CEQA Guidelines"), exempt certain projects from further CEQA evaluation, including projects consisting of: the new construction or conversion of small structures ("Class 3 Exemption" -14 Cal. Code Regs. § 15303); the construction or placement of minor structures accessory to existing facilities ("Class 11 Exemption" -14 Cal. Code Regs. § 15311); and projects consisting of minor additions to existing schools ("Class 14 Exemption" -14 Cal. Code Regs. § 15314), and the Project is categorically exempt under one or more of such exemptions; WHEREAS, the District has considered whether the Project is subject to any of the exceptions to exemption set forth in 14 Cal. Code Regs. § 15300.2; WHEREAS, the District has determined that the Project is not subject to any of the exceptions to exemption set forth in 14 Cal. Code Regs. § 15300.2; WHEREAS, the District has considered whether the Project may have a significant effect on the environment; and WHEREAS, the District has concluded, through its own independent review and analysis of the Project, that the Project will not have a significant effect on the environment; 005368 .00053 13513722.1 Exhibit A 11-18-15 Page 1 of 4 44 NOW, THEREFORE, the Governing Board of the Palos Verdes Peninsula Unified School District hereby finds, determines, declares and resolves as follows: Section 1. Determination of Recitals. That all of the recitals set forth above are true and correct, and the Board so finds and determines. Section 2. Finding of No Significant Environmental Impact. That the District has considered whether the Project may have a significant effect on the environment and has concluded, after reviewing the Project through its own independent review and analysis, that the Project will not have a significant effect on the environment. Section 3. Finding of Categorical Exemption. That the Project is categorically exempt from further CEQA review pursuant to Public Resources Code Section 21080.35, 14 Cal. Code Regs.§ 15303, 14 Cal. Code Regs.§ 15311 and/or 14 Cal. Code Regs.§ 15314. Section 4. Finding of No Exception to Categorical Exemption. That the Project is not subject to any of the exceptions to categorical exemption set forth in 14 Cal. Code Regs. § 15300.2. Section 5. Notice of Exemption. That the District's Superintendent, or the Superintendent's designee, is instructed to file and/or record a Notice of Exemption from CEQA, consistent with this Resolution, with any and all appropriate public agencies or entities. Section 6. Authority to Take All Actions Necessary. The Superintendent is hereby authorized to do all things that are necessary to give effect to and comply with the terms and intent of this Resolution. Section 7. Effect. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED as of ________ , 2015 by the following vote: 005368 .00053 13513722.1 AYES: NOES: ABSENT: ABSTAINED: Exhibit A 11-18-15 Page 2 of 4 45 The President of the Palos Verdes Peninsula Unified School District Governing Board does hereby certify that the foregoing is a full, true, and correct copy of the Resolution passed and adopted by the Board at a regularly scheduled and conducted meeting held on this date, which Resolution shall be kept on file in the office of the Board. Larry V anden Bos President of the Governing Board Palos Verdes Peninsula Unified School District The Clerk of the Palos Verdes Peninsula Unified School District Governing Board does hereby certify that the foregoing Resolution was introduced and adopted by the Board at a regularly scheduled meeting thereof held on this date, by the forgoing vote. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Palos Verdes Peninsula Unified School District on this date. 005368.000S3 I 35137.!2 . l Anthony Collatos Clerk of the Governing Board Palos Verdes Peninsula Unified School District Exhibit A 11-18-15 Page 3 of 4 .· 46 NOTICE OF EXEMPTION TO: It! Office of Planning and Research P.O. Box 3044 FROM: Room 113 Sacramento, CA 95812-3044 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT 375 Via Almar County Clerk-Recorder County of Los Angeles 12400 E. Imperial Hwy. Norwalk, CA 90650 Palos Verdes Estates, CA 90274-1277 Project Title: Energy Conservation Facilities Project Project Location-SpeciOc: Cornerstone, Dapplegray, Mira Catalina, Montemalaga, Point Vicente, Rancho Vista, Silver Spur, Soleado, Valmonte Early Leaming Academy, Vista Grande elementary schools; Miraleste, Palos Verdes, Ridgecrest intermediate schools; Palos Verdes, Palos Verdes Peninsula and Rancho Del Mar high schools Project Location· City: 6969 Groveoak Pl., RPV; 3011 Palos Verdes Dr. North, RHE; 30511 Lucania Dr., RPV; 1121 Via Nogales, PVE; 30540 Rue de la Pierre, RPV; 4323 Palos Verdes Dr. North, RHE; 5500 Ironwood St., RPV; 27800 Longhill Dr., RPV; 3801 Via la Selva, PVE; 7032 Purpleridge Dr., RPV; 29323 Palos Verdes Dr. East, RPV; 2161 Via Olivera, PVE; 28915 Northbay Rd., RPV; 600 Cloyden Rd., PVE; 27118 Silver Spur Rd., RHE and 38 Crest Rd. West, RH Project Location • County: LOS ANGELES Description or Project: Project consists of a privately owned and operated solar photovoltaic system to be mounted on shade structures at existing, fully developed school facilities. Name of Public Agency Approving Project: PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT Name of Person or Agency Carrying Out Project: PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT Exempt Status: (check one) o Ministerial (Sec. 21080(a)( I); I 5268(b )); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); a Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); l2J Categorical Exemption. State Type and section number: 14 Cal. Code Regs. § 15301 [minor alteration of existing public or private structures, facilities, mechanical equipment]; 14 Cal. Code Regs. § 15303 [new construction or conversion of small structures]; 14 Cal. Code Regs. § 15311 [the construction or placement of minor structures accessory to existing facilities]; 14 Cal. Code Regs. § 15314 [projects consisting of minor additions to existing schools] 0 Statutory Exemptions. State Code number: Public Resources Code Section 21080.35 [solar photovoltaic installations on existing roofs and parking lots] Reasons why project is exempt: Project consists of a privately owned and operated solar photovoltaic system to be installed on shade structures, comprising minor alterations or additions to existing facilities, all of which are located as existing schools, some of which are overlying an existing parking lot. Lead Agency Contact Person: Area Codeffelephone/Ext.: If filed by applicant: LYDIA CANO, Deputy Superintendent (310) 3 78-9966 x4 I 8 I. Attach cenified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? 21Yes o No Signature:-------------- LYDIA CANO Date:. _______ _ o Signed by Lead Agency Date received for filing at OPR: Title: Deputy Superintendent 0 Signed by Applicant Exhibit A 11-18-15 Page 4 of 4 47 Resolution No. 11-2015/16 RESOLUTION OF THE BOARD OF EDUCATION OF PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT APPROVING AGREEMENT FOR ENERGY CONSERVATION SERVICES WITH PFMG SOLAR, LLC, PURSUANT TO GOVERNMENT CODE SECTION 4217.10-18, MAKING CERTAIN FINDINGS REQUIRED THEREFORE, AND AUTHORIZING RELATED ACTIONS WHEREAS, the Palos Verdes Peninsula Unified School District ("District") finds it to be in the best interests of the District to implement projects to promote energy efficiency to achieve energy cost reductions; WHEREAS, Govenzment Code sections 4217.10 through 4217.18 authorize the District's Governing Board, without advertising for bids, to enter into one or more energy service contracts with any person or entity, pursuant to which that person or entity will provide electrical or thermal energy or conservation services to the District, which may comprise or include an energy conservation facility, if the anticipated cost to the District for thermal or electrical energy or conservation services provided under the contract(s) is less than the anticipated marginal cost to the District of thermal, electrical, or other energy that would have been consumed by the District in the absence of those energy service contracts; WHEREAS, District staff reviewed the qualifications presented by PFMG Solar, LLC, to conduct and provide assessment of school district energy usage, energy needs and opportunities to reduce energy expenses, found PFMG Solar, LLC' qualifications to appear bona fide and adequate; WHEREAS, PFMG Solar, LLC assessed the feasibility of various potential energy conservation measures, based on certain baseline assumptions such as anticipated future increases in public utility energy rates, which assumptions have been considered by PFMG Solar, LLC, to reduce the District's energy expense and recommended specific energy conservation measures based thereon ("Analysis," on file with the Clerk of the Board), comprising a Power Purchase Agreement, upon which the Board and District administration and staff have relied; WHEREAS, PFMG Solar, LLC has offered to enter into the attached Power Purchase Agreement ("Contract," on file with the Deputy Superintendent) to provide energy conservation services comprising solar photovoltaic electric energy; WHEREAS, the Analysis demonstrates that the cost of the Contract to the District for the thermal or electrical energy or conservation services provided thereunder is less than the anticipated marginal cost to the District ofthennal, electrical, or other energy that would have been consumed by the District in the absence of the Contract ("Savings") 005368.00053 13513718.1 Exhibit A 11-18-15 48 NOW, THEREFORE, THE BOARD OF EDUCATION OF THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. All of the recitals herein contained are true and correct Section 2. Energy Conservation Services Contract Findings . The Governing Board of the Palos Verdes Peninsula Unified School District finds that the cost of the Contract to the District for the thermal or electrical energy or conservation services provided thereunder is less than the anticipated marginal cost to the District of thermal, electrical, or other energy that would have been consumed by the District in the absence of the Contract and that it is in the best interest of the District to approve and enter into the Contract. Section 3. Contract Approv al. The form of the Contract by and between the District and PFMG Solar, LLC, presented herewith is hereby approved. The Superintendent or Superintendent's designee is hereby authorized and directed, for and in the name of and on behalf of the District, to execute and deliver to PFMG Solar, LLC the Contract and related documents as necessary to carry out the Contract, subject to such minor changes thereto as such officer or person may require and approve, with the approval of District counsel. PASSED AND ADOPTED as of ________ , 2015 by the following vote: AYES: NOES: ABSENT: ABSTAINED: The President of the Palos Verdes Peninsula Unified School District Governing Board does hereby certify that the foregoing is a full, true, and correct copy of the Resolution passed and adopted by the Board at a regularly scheduled and conducted meeting held on this date, which Resolution shall be kept on file in the office of the Board. Larry Vanden Bos President of the Board of Education Palos Verdes Peninsula Unified School District The Clerk of the Palos Verdes Peninsula Unified School District Governing Board does hereby certify that the foregoing Resolution was introduced and adopted by the Board of Education at a regularly scheduled meeting thereof held on this date, by the forgoing vote. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Palos Verdes Peninsula Unified School District on this date. 005368 .00053 13513718 .1 Anthony Collatos Clerk of the Board of Education Palos Verdes Peninsula Unified School District Exhibit A 11-18-15 49