RPVCCA_CC_SR_2012_08_07_D_Border_Issues_Status_ReportCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:HONORABLE MAYOR &CITY COUNCIL MEMBERS
FROM:CAROL YNN PETRU,Alep,DEPUTY CITY MANAGER®
DATE:AUGUST 7,2012 -
SUBJECT:BORDER ISSUES STATUS REPOR~(J
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Project Manager:Kit Fox,AICP,Senior Administrative Analyst (J
RECOMMENDATION
Receive and file the current report on the status of Border Issues.
EXECUTIVE SUMMARY
This month's report includes:
• A brief report on the most-recent meeting of the San Pedro Facility Restoration
Advisory Board (RAB)for the Navy's Defense Fuel Support Point (DFSP)on North
Gaffey Street in Los Angeles (San Pedro);
• A report on the release of the Draft Environmental Impact Report (DEIR)for the
Brickwalk,LLC mixed-use condominium project in Rolling Hills Estates;and,
•An update on recent issues and events related to the Rancho LPG butane storage
facility in Los Angeles (San Pedro).
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://palosverdes.com/mv/planninglborder issuesl2012120120B07 Borderlssues StatusRpt.cfm
D-1
MEMORANDUM:Border Issues Status Report
August 7,2012
Page 2
DISCUSSION
Current Border Issues
San Pedro Facility Restoration Advisory Board,US Navy/Los Ange/es (San Pedro)
The San Pedro Facility Restoration Advisory Board (RAB)held its most recent meeting on
June 21,2012.The RAB continues to deal only with environmental remediation at the
active Defense Fuel Support Point (DFSP)San Pedro,not the former Navy housing sites.
There was little new information to report at the most recent RAB meeting,although
attendees did take a few moments to acknowledge the recent passing of RAB Community
Co-Chair (and Rancho Palos Verdes resident)Gil Alberio.Lomita Planning Commissioner
Dan Jones was appointed as interim RAB Community Co-Chair,and the Navy expects to
begin public outreach efforts later this year to select a permanent Community Co-Chair and
new members for the RAB.The next RAB meeting is tentatively scheduled for January 17,
2013.Staff will continue to monitor this project in future Border Issues reports.
Brickwa/k,LLC Mixed-Use Condominiums,Rolling Hills Estates
On July 2,2012,Staff received the Notice of Completion/Availability for the Draft
Environmental Impact Report (DEIR)forthe Brickwalk,LLC mixed-use condominium project
in Rolling Hills Estates (see attachments).The proposed project would replace existing
office buildings at 655-683 Deep Valley Drive and 924-950 Indian Peak Road,and would
also involve stabilization of and construction on the failed slope behind the "Brickwalk"
commercial center on Deep Valley Drive.Staff originally commented on this project when it
was first proposed in early 2007.Since that time,the number of condominium units
proposed has been reduced from one hundred sixty-three (163)to one hundred forty-eight
(148).The revised project still proposes 14,200 square feet of commercial space and
associated off-street parking for both residential and commercial uses.
The public comment period for the DEIR was scheduled to end at 5:30 PM on Monday,
August 6,2012.Staff coordinated with the City's geotechnical consultant and the Public
Works Department to offer technical comments on the project's impacts with respect to
soils and geology;transportation and traffic;and drainage and infrastructure systems,and
expected to transmit our comments on the DEIR to Rolling Hills Estates by the end of the
public comment period.'A public hearing on this project before the Rolling Hills Estates
Planning Commission is scheduled for Tuesday,September 4,2012 at 7:00 PM at Rolling
Hills Estates City Hall,4045 Palos Verdes Drive North,Rolling Hills Estates,CA 90274.
Staff will continue to monitor this project in future Border Issues reports.
1 Staff intends to distribute a copy of our DE1R comment letter to the City Council as "Late
Correspondence"at tonight's meeting.
D-2
MEMORANDUM:Border Issues Status Report
August 7,2012
Page 3
Rancho LPG Butane Storage Facility,Los Angeles (San Pedro)
In late May 2012,Staff received the attached e-mails from Janet Gunter regarding the June
7,2012,Board of Harbor Commissioners (BHC)meeting as it related to a rail permit for the
Rancho LPG butane storage facility in San Pedro.The rail permit in question covers a very
short segment of the existing rail spur line adjacent to the Rancho LPG facility where it
crosses Westmont Drive.A request for the BHC to revoke this permit was on the June 7th
BHC agenda.Copies of the BHC agenda and Staff report are attached.
As a bit of background,in Fall 2011 the City of Los Angeles'Port Community Advisory
Committee (PCAC)adopted a resolution recommending that the BHC revoke the permit for
the rail spur line serving the Rancho LPG facility;perform risk assessments of the Rancho
LPG facility and all hazardous commodities transported through the Port of Los Angeles;
and establish a working group to examine the risks associated with the Rancho LPG
facility.As described in the attached Staff report,Port Staff recommended denying the
PCAC recommendation,generally on the grounds that:
•Revoking the permit for the rail line would not prevent its continued use by Rancho
LPG,but would deprive the Port of insurance coverage,indemnification and lease
revenue related to the rail spur;and,
•The Port does not have jurisdiction over the operations of the Rancho LPG site
because it is located outside of the Port Master Plan Area and the Coastal Zone.
The Staff report did suggest that the BHC had the authority to ask an agency with direct
jurisdiction over the Rancho LPG facility to undertake the studies requested by PCAC.
Prior to the BHC meeting,Staff was copied on an e-mail exchange (see attachments)
between Janet Gunter and Port of Los Angeles Executive Director Geraldine Knatz
regarding the acceptance of public comments on this topic at the BHC meeting.Ms.Knatz
clarified that PCAC and Rancho LPG would each be allotted ten (10)minutes to address
the BHC,with all other public speakers limited to the customary three (3)minutes each.
The BHC met on Thursday,June 7,2012,at the Port of Los Angeles Administration
Building in San Pedro to consider (among other things)the PCAC recommendation.The
Daily Breeze subsequently reported on June 8,2012 (see attachments),that the BHC had
rejected the PCAC recommendation to revoke this permit.
On June 18,2012,Staff was notified that San Pedro Peninsula Homeowners United,the
San Pedro &Peninsula Homeowners'Coalition and other concerned community groups
would be hosting a screening of their 12-minute video Before the Ashes on Thursday,June
21,2012 at Holy Trinity Parish Center in San Pedro.A meeting flyer and LPG fact sheet
are attached;Staff was unable to attend this screening.
On June 27,2012,Los Angeles 15 th District City Councilman Joe Buscaino hosted a
meeting of the Los Angeles City Council's Public Safety Committee to investigate the
D-3
MEMORANDUM:Border Issues Status Report
August 7,2012
Page 4
potential risks and overall safety of liquid bulk storage facilities in the harbor area,including
the Rancho LPG butane storage facility.Councilman Buscaino invited experts and
regulators from numerous Federal,State,regional and city agencies to testify before the
Committee,and concerned residents were encouraged to attend.The meeting was held at
Taper Avenue Elementary School in San Pedro (see attached agenda and handout).
At the outset of the hearing,Councilman Buscaino invited elected officials to address the
Committee.Dr.Richard Vladovic,Los Angeles Unified School District (LAUSD)Board of
Education member representing the San Pedro area,expressed his concerns about the
Rancho LPG facility and his desire to protect children attending nearby schools.Rancho
Palos Verdes City Councilman Jerry Duhovic stated that he appreciated Councilman
Buscaino's efforts in this matter,and noted that his family members and constituents on the
east side of Rancho Palos Verdes were concerned about the Rancho LPG facility.
Councilman Buscaino was joined by Councilman Dennis Zine and Councilwoman Jan Perry
at the dais.They began with questioning of a number of representatives of Federal,State
and regional agencies regarding their respective jurisdictions over liquid bulk storage.
Agencies represented included the California Occupational Safety and Health
Administration (Cal-OSHA);the U.S.Environmental Protection Agency (USEPA);the
Defense Logistics Agency (DLA),which operates the Navy fuel depot in San Pedro;the
U.S.Occupational Safety and Health Administration (OSHA);and the South Coast Air
Quality Management District (SCAQMD).Based upon the testimony provided,it was clear
that each of these agencies has a very limited scope of authority over aspects of the
operation of liquid bulk storage facilities.
The Committee then continued with questioning of representatives of a number of City of
Los Angeles departments and agencies,including the Emergency Management
Department,the Department of Sanitation,the Fire Department (LAFD),the Building and
Safety Department,the Police Department (LAPD),the Planning Department,the Port of
Los Angeles and the City Attorney's Office.Again,each agency appeared to have a limited
scope of authority over liquid bulk storage (generally)and the Rancho LPG facility
(specifically).However,based upon the discussion of the Committee,it appeared that the
Emergency Management and Planning departments had the greatest potential to address
the issue of the community impacts of liquid bulk storage on a more "global"scale.
After completing its questioning,the Committee offered members of the public to comment
on the issue at hand.The vast majority of these comments expressed specific opposition
to the Rancho LPG facility (rather than addressing the general topic of liquid bulk storage),
and a desire for the City of Los Angeles to take action to remove this facility.Staff
understands that representatives of Rancho LPG may have been in attendance at the
hearing,but they were not questioned by nor did they address the Committee.Videos of
the entire hearing-both agency staff testimony and public comment-may be viewed on-
line at http://www./a15th.com/tanksafetv.Staff will continue to monitor this project in future
Border Issues reports.
D-4
MEMORANDUM:Border Issues Status Report
August 7,2012
Page 5
New Border Issues
There are no new Border Issues on which to report at this time.
Attachments:
•San Pedro Facility RAB meeting cover letter,agenda and meeting handouts
(received 6/12/12)
•Notice of Completion/Availability and Executive Summary for the Draft EIR for the
Brickwalk,LLC Mixed-Use Residential Project (received 6/21/12)
•E-mails from Janet Gunter regarding June yth Board of Harbor Commissioners
(BHC)meeting (received 5/29/12 &5/30/12)
•BHC Staff report for Rancho LPG rail permit revocation request (dated 5/31/12)
•E-mail exchange between Janet Gunter and Geraldine Knatz (dated 6/5/12)
•Daily Breeze article regarding outcome of June yth BHC meeting (published 6/8/12)
•Meeting flyer and fact sheet for June 21 st showing of "Before the Ashes"(received
6/18/12)
•Daily Breeze article regarding June 2yth Public Safety Committee meeting
(published 6/27/12)
•Agenda and handout from Los Angeles City Council Public Safety Committee
Meeting on Liquid Bulk Storage in the Harbor area (dated 6/27/12)
•CityWatchLA.com article regarding Rancho LPG facility (published 7/10/12)
M:\Border Issues\Staff Reports\20120B07_Borderls5ues_StaffRpLdoc
D-5
San Pedro Facility RAB meeting
cover leller,agenda and meeting handouts
D-6
DEPARTMENT OF THE NAVY
NAVA~FACI~ITlES ENGINEERING COMMAND SOUTHWEST
1220 PACIAC HIGHWAY
SAN DIEGO,CA 92132·5190
509<.L-_
Ser JE30.GG/2115
June 6,2012
San Pedro Facility
Restoration Advisory Board (RAB)
San Pedro Community Members
Ladies anq Gentlemen:
SUBJECT:SAN PEDRO FACILITY RESTORATION ADVISORY BOARD (RAB)
MEETING ON JUNE 12,2012
The Defense Fuel Support Point (DFSP)San Pedro will be
holdfng a RAE meeting on Thursday,June 21,2012 from 4:00 to
6:00 PM,at the DFSP San Pedro Facility,Building 100.The
enclosed agenda lists the proposed topics to be discussed and
the location/address of the RAE meeting.
Please note that the San Pedro Facility RAB meets to review
ongoing environmental work on the non-BRAC San Pedro sites.The
RAB concerning the BRAC portion of the San Pedro Facility has
been adjourned.
If you have any questions,you may contact Mr.Grady Gordon
at (619)532-2296 or (616)708-0396 or via email at
grady.gordon@navy.mil
Sincerely,
B..HELLER
Commander,CEC,U.S.Navy
By direction of the
Commanding Officer
Enclosure:
1.Pedro Facility ~~Meeting Agenda
Distribution List:Restoration Advisory Board (RAB)Members
Community members
D-7
4:00PM
4:15PM
4:25PM
4:35PM
5:00PM
5:30PM
6:00PM
SAN PEDRO FACILITY
RESORATION ADVISORY BOARD (RAB)MEETING
3171 North Gaffey Street,Building 100
San Pedro,California
Thursday,June 21,2012
4:00 pm to 6:00 pm
AGENDA
Welcome and Introductions
Navy Co-Chair:Mr.Grady Gordon
Remembering Mr.Gilbert Alberio:Mr.Grady Gordon
Installation Restoration (IR)Program Status Update
Mr.Grady Gordon,Naval Facilities Engineering Command Southwest
IR Site 32 Remedial Investigation Update
Mr.Grady Gordon
Co-Chair elections
Source group or DLA to address any comments/concerns
Source group or DLA to address any comments/concerns
regarding regular base activities.
Open Forum for RAB Members and Members of the Audience
Meeting Adjourned
D-8
Restoration Advisory Board Membership Application
Defense Fuel Support Point San Pedro Facility
Conditions for Membership:
Restoration Advisory Board (RAB)members are expected to serve a two-year term and attend all RAB
meetings (held twice annually)or designate an alternate.The alternate must be jointly approved by the
Department of Defense and Community Co-Chairpersons.Members who miss three or more
consecutive meetings may be asked to resign.Duties and responsibilities will include reviewing and
commenting on technical documents and activities associated with the environmental restoration at the
DFSP San Pedro Facility.Members will be expected to be act as a source of information exchange
between the community and the RAB.
NAME:_
ADDRESS:...,....._
CITY/STATE/ZIP:_
DAYTIME PHONE:_
EMAIL:_
COMMUNITY AFFILIATION:-------~
OCCUPATION:_
"
Briefly state why you would like to be a member of the RAB.
Are you currently or have you ever been involved with or affected by environmental cleanup activities
associated with DFSP San Pedro?If yes,please explain
Please indicate if you are interested in being considered for the Community Co-Chairperson position on
the RAB by checking the box below:
D Yes,I would like to be considered.
Are you willing to serve a two-year term as a member ofthis RAB?
D Yes,I am willing to serve a two-year term as a member of this RAB.
DFSP San Pedro RAB Application Page 1
D-9
By submitting this signed application,you willingly agree to work cooperatively with other members of
the RAB to address community issues related to environmental restoration of the facility.
Privacy Act Statement:The personal information requested on this form is being collected to determine
interest and qualification for RAB membership.The information will be retained on file at the NAVFAC
office.The information will not be disseminated.Providing information on this form is voluntary.
Applicant Signature
Please return your completed application to:
Mr.Grady Gordon
Environmental Project Manager
NAVFAC Southwest
1220 Pacific Highway
San Diego,CA 92132
Cell:619.708.0396
Desk:619.532.2296
grady.gordon@navv.mil
DFSP San Pedro RAB Application
Date
Page 2D-10
Notice of Completion/Availability and Executive Summary for the
Draft EIR for the Brickwalk,LLC Mixed-Use Residential Project
D-11
LS A I
LSA ASSOCIATES,INC.
20 EXECUTIVE PARK,SUITE 200
[RVINE,CALIFORNIA 9261+
9"!L'S '3.0 Ii 6 6 TEL
94!L553.a076 FAX
llERKELEY
CAR.LSBAD
FORT COLLINS
FRESNO
PALM SPRINGS
POINT RICHMOND
RECEIVED
JUN 21 2012
atvERslDE
ROCKLIN
SAN LUIS OBISPO
S.SAN FRANCISCO
TRANSMITTAL COMMUNITY DEVELOPMENT
DEPARTMENT
TO:Planning Director DATE:June 20,2012
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
l&l FOR YOUR REVIEW
o AT YOUR REQUEST
o FOR YOUR FILES
o FOR YOUR INFORMATION
Rancho Palos Verdes,CA 90275
PROJEC.T:655 Deep Valley Drive
PROJECT NUMBER:;:.RHT==0::..60;:.:3=-_
o FOR YOUR APPROVAL 0 DISTRIBUTION
SUBJECT:655-683 Deep Valley Drive and 924-
.950 Indian Peak Road Mixed Use Residential Project
ITEMS BELOW ARE TRANSMITTED:Il!I HEREWITH []UNDER SEPARATE COVER []VIA:_
DATE
6/20/12
GENERAL REMARKS:
COPIES
I
DESCRIPTION
Draft Environmental Impact Report 655-683 Deep Valley
Drive and 924-950 Indian Peak Road Mixed Use Residential
Project
On behalf of the City of Rolling Hills Estates,LSA Associates,Inc.,(LSA)is transmitting one copy ofthe
Draft Environmental Impact Report for the Proposed 655-683 Deep Valley Drive and 924-950 Indian Peak
Road Mixed Use Residential Project.Ifyou have any questions please do not hesitate to contact me at
(949)553-0666.
Sincerely,
ErinRazban
Senior Environmental Planner
COPIES
TO:
BY:
Niki Cutler (RHE);Project File (LSA)
Erin Razban
D-12
CITY OF ROLLING HILLS ESTATES
PLANNING DEPARTMENT
4045 Palos Verdes Drive North
Roiling Hills Estates,CA 90274
Telephone-(310)377-1577
Fax-(310)377-4468
www.ci.rolling-hilis-estates.ca.us
NOTICE OF COMPLETION/AVAILABILITY OF
DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
The City of Rolling Hills Estates (City)hereby gives notice that pursuant to the authority and criteria contained in the
California Environmental Quality Act (CEQA)and the CEQA Guidelines of the City,it has prepared a Draft
Environmental Impact Report (DEIR).The purpose of this Notice is to inform local residents,public agencies,
institutions,and other interested parties about the availability of this DEIR for public review.
PROJECT TITLE:DEIR for Planning Application No.01-07 (655-683 Deep Valley Drive and 924-950 Indian Peak
Road Mixed-Use Residential Project)
PROJECT LOCATION:The proposed 655-683 Deep Valley Drive and 924-950 Indian Peak Road-Mixed-Use
Residential Project is located in the southwestern portion of the City and within the City's main commercial area
(Peninsula Center).The site is bounded by Deep Valley Drive to the north,Crenshaw Boulevard and Indian Peak
Road to the south,the property at 627 Deep Valley Drive to the west,and the property at 827 Deep Valley Drive to
the east.The project site is an irregular shape and is comprised of 10.42 acres (ac)of hillside area,including office
buildings,commercial area,surface parking lots,landscaping,and an active landslide.
PROJECT DESCRIPTION:The proposed project would demolish the existing office buildings at 655 Deep Valley
Drive,924 and 950 Indian Peak Road,surface parking lots,and landscaping.Construction of the proposed project
would stabilize the existing landslide and include 148 residential units,approXimately 14,200 square feet (sf)of
commercial area fronting Deep Valley Drive,and associated parking.In addition,the project would remove 2,013 sf
of commercial space and add 63 off-street parking spaces,for a total of 137 parking spaces at the Brick Walk
commercial development.The Brick Walk commercial development would be enhanced through exterior falf8de
improvements,including,but not limited to,new paint and replacement of awnings.
The project requires approval of:1)Vesting Tentative Tract Map No.67553;2)A Conditional Use Permit (CUP)for
a mixed-use development;3)a Precise Plan of Design (PPD)for buildings and structures;4)A Variance to exceed
the maximum permitted building height;5)a Variance to permit a smaller setback than required by Code;and 6)a
Variance to permit fewer parking spaces than required by Code/shared parking agreement.
REVIEW PERIOD:This DEIR is being circulated by the City of Rolling Hills Estates,the Lead Agency,for a 47-day
review period.The public review period starts on Thursday,June 21,2012,and closes on Monday,August 6,2012.
Due to the time limits mandated by State Law,your comments must be sent at the earliest date,but not later than
5:30 p.m.on Monday,August 6,2012.
Please send your written comments by mail to Ms.Niki Cutler,AlCP,Principal Planner,at the City of Rolling
Hills Estates,4045 Palos Verdes Drive North,Rolling Hills Estates,CA 90274;bye-mail to:nikic@ci.rolling-
hills-estates.ca.us;or fax them to (310)377-4468.Questions regarding the DEIR should be directed to
Ms.Cutler at (310)377-1577,extension 115.
HEARING:A public hearing for this item will be held before the Planning Commission in the Rolling Hills Estates
City Council Chambers (4045 Palos Verdes Drive North,Rolling Hills Estates)on TueSday,September 4,2012,
beginning at 7:00 p.m.
WHERE COPIES ARE AVAILABLE FOR REVIEW:Copies of the DEIR are available for review at the City of
Rolling Hills Estates Planning Department,located at 4045 Palos Verdes Drive North, Rolling Hills Estates;and the
Peninsula Center Library,located at 701 Silver Spur Road,Rolling Hills Estates.Information will also be posted on
the City of Rolling Hills Estates website at:http://www.cLrolling-hilis-estates.ca.us.
(This notice Is being circulated per Sections 21083, 21092,21152,and 21153 of the Public Resources Code.)
D-13
LSA ASSOCIATES.INC.SI!.CTION 1.0 EXECUTIVE SUMMARY
JUNE lOll DRAFT I!.NVIRONMI!.NTAL IMPACT R.EPORT
G55_G8~DEEP VALLEY DRIVE AND 924_950 INDIAN PEAK ROAD MIXED-USE RESIDENTIAL PR.0JECT
1.0 EXECUTIVE SUMMARY
1.1 INTRODUCTION
This Executive Summary has been prepared according to the California Environmental Quality
Act (CEQA)Guidelines Section 15123 for the City of Rolling Hills Estates (City)Environmental
Impact Report (EIR)for the proposed 655-683 Deep Valley Drive and 924--950 Indian Peak
Road Mixed-Use Residential Project.This EIR-has been prepared by the City of Rolling Hills
Estates to analyze the proposed project's potential impacts on the environment;to discuss
alternatives;and to propose mitigation measures for identified potentially significant impacts that
will minimize,offset,or otherwise reduce or avoid those environmental impacts.
1.2 SUMMARY OF PROJECT DESCRIPTION
The project site is located in the southwestern portion ofthe City of Rolling Hills Estates (City)
and within the City's main commercial area (Peninsula Center).The site is bounded by Deep
Valley Drive to the north,Crenshaw Boulevard and Indian Peak to the south,the property at 627
Deep Valley Drive to the west,and the property at 827 Deep Valley Drive to the east.The project
site is an irregular shape and is comprised of 10.42 acres (ac)of hillside area,including office
buildings,commercial area,surface parking lots,landscaping,and an active landslide.The project
site includes the Brick Walk commercial site located along the northwestern portion of the site at
701-815 Deep Valley Drive,the portion!ocated at 655-683 Deep Valley Drive,and the portion
located at 924-950 Indian Peak Road.The project applicant proposes to subdivide the existing
10.42 ac property into two parcels:an 8.05 ac lot (Lot 1)and a 2.37 ac lot (Lot 2).Developments
on each lot are described below.
1.2.1 Lot 1 Mixed-Use Podium and Townhomes
The project applicant proposes construction of a mixed-use development within Lot 1.The
proposed project would demolish the existing office buildings at 655 Deep Valley Drive,944 and
950 Indian Peak Road,surface parking lots,and landscaping.Construction of the proposed
project would stabilize the existing landslide and include 148 residential units,approximately
14,200 square feet (sf)of commercial area fronting Deep Valley Drive,and associated parking on
the 8.05 ac (Lot I)property.Construction of the proposed project on the 8.05 ac lot includes two
building areas:a separate podium building (Mixed-Use or Pad A)and a series oftownhome units
(Townhomes or Pad B).
1.2.2 Lot 2 Brick Walk
Included within the project site is the Brick Walk development (2.37 ac).The Brick Walk
development includes an existing 23,187 sf of retail,commercial/office and restaurant space,and
78 existing parking spaces.The proposed project would remove 2,013 sf of commercial space and
P:\RHT0603\Draft ElR\Scction \.0 Executive Summtlry.doc «(06120112))I-ID-14
SECTION 1.0 EXECUTIVE SUMMARY LSA ASSOCIATES,INC.
DRAFT ENVIRONMENTAL IMPACT REPORT JUNE 2012
655_6B~DEEP VALLEY DRIVE AND 9240_950 INDIAN PEAK ROAD MIXED-USE R.ESIDENTIAL PROJECT
add 63 off-street surface parking spaces,for a total of 137 parking spaces,which would be shared
for all uses.'Additionally,the Brick Walk commercial buildings would be enhanced through
exterior facade improvements,including but not limited to new paint and replacement of
awnings.
1.3 ALTERNATIVES
The following alternatives to the proposed project were selected for consideration,including the
No Project Alternative and alternative development scenarios:
•Alternative I:No ProjectINo Build Alternative
•Alternative 2:Commercial Land Use Alternative
•Alternative 3:Reduced Project Alternative
The No ProjectINo Build Alternative is environmentally superior to the proposed project because
there are no physical impacts that would result from implementation of this alternative.If there
were no changes to the existing conditions on site,there would be no increase in traffic,noise,
construction,or operational air emissions.The CEQA Guidelines require that if the
environmentally superior alternative is the No Project Alternative,"the EIR also identify an
environmentally superior alternative among the other alternatives"(CEQA Guidelines Section
15126.6[e][2]).
The significant unavoidable construction noise impact associated with the proposed project would
be reduced,but not eliminated,by Alternative 2 since this alternative would not include
demolition of the existing office buildings on the western portion of the project site.Alternative
2 would have the same significant unavoidable construction noise impact as the proposed project
if 827 Deep Valley Drive is occupied at the time of construction.Short-term noise impacts as a
result of demolition and grading would not vary substantially under Alternative 3.
Alternative 3 is neutral or lessens impacts when compared to the project,while Alternative 2
creates greater impacts related to air quality,noise,and transportation/circulation.Therefore,it is
determined that Alternative 3,the Reduced Project Alternative,is the environmentally superior
alternative.
The alternatives analysis is described in greater detail in Chapter 5.0,Alternatives.
1.4 AREAS OF CONTROVERSY
Pursuant to Section 15123 of the State CEQA Guidelines,an EIR shall identify areas of
controversy known to the Lead Agency,including issues raised by agencies and the public.
Comments on the Notice of Preparation (NOP)from agencies and the public were received by the
lead agency and are located in Appendix A of this EIR.Concerns raised by agencies and the
public include the following.Each ofthese issues is addressed in Section 4.0 of this EIR.
Linscott Law &Greenspan,Revised Traffic Impact Analysis and Parking Study,June 24,2010.
1-2 P:\RHT0603\Drafi EIR\Section 1.0 Executive Summary.doc ((06/20112))D-15
LSA ASSOCIATES.INC.SECTION 1.0 EXECUTIVE SUMMARY
JUNE ::012 DRAFT ENVIRONMENTAL IMPACT ilEPORT
655 6B!DEEP VALLEY DRIVE AND ~U 950 INDIAN PEAK ROAD MIXED-USE RESIDENTIAL PROJECT
•Increase in density
•Increase in traffic,noise,and air pollution
•Adequacies of public services
•Slope stability
•Aesthetics
1.5 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
The proposed project will result in significant unavoidable adverse impacts related to noise.
Chapter 8.0 provides a detailed summary of the impacts that are considered significant and
unavoidable after all mitigation is applied.These impacts are also described in detail in Chapter
4.0,Existing Environmental Setting,Environmental Analysis,and Impacts and Mitigation
Measures.A brief description of the significant unavoidable impact is provided below.
1.5.1 Noise
Short-Term Noise.If either the approved multifamily residences located at 627 Deep Valley
Drive adjacent to the project to the west,or the approved multifamily residences at 827 Deep
Valley Drive adjacent to the project to the east are occupied during construction of this project,
some residences will be 50 ft from the project site and could be exposed to construction noise in
exceedance of the City's noise criteria.Implementation of mitigation would reduce the noise
levels by a minimum of 8 dBA.However,even with mitigation,the noise levels would not be
reduced to below the City's noise criteria.
1.6 SUMMARY OF IMPACTS AND MITIGATION MEASURES
Table I.A identifies the project environmental impacts,proposed mitigation measures,and level
of significance after mitigation is incorporated into the project.The table also identifies
cumulative impacts resulting from maximum build out of the proposed project in conjunction
with the approved and pending cumulative projects.Environmental topics addressed in this EIR
include:Aesthetics,Air Quality,Biological Resources, Cultural Resources,Geology and Soils,
Environmental Hazards and Hazardous Materials,Hydrology and Water Quality,Land Use and
Planning,Noise,Population and I-lousing,Public Services and Utilities,Recreation,and
Transportation and Circulation.
Refer to Section 2.4 of this EIR for a discussion of additional effects found not to be significant
through preliminary analysis and the scoping process.
P:\RHT0603\Draft EIR\Scction 1.0 Executive Summary.doc ((06120112))1-3D-16
BRCTION 1.0 RXECUT1VR BUll!dAR.Y
DR.APT P.NVIRONMI!.NTAL IldrACT RErORT
6~5_6n DRRI'VALLEY DRIVE AND 914_960 INDIAN I'EAK ROAD MIXED_USE RESIDENTIAL rROJECT
Table 1.A:Snmmary of Project-Specific Impacts,Mitigation Mellsnres,and Level of Significance
LSA ASSOCIATES.INC.
JUNE '101'1
Lc\'cl of SignificRllce
Potclllini Environmental Effect l\1iligntion Measure After Mitigation
4.1:AESTI-IETICS
4.1-1 Prior to iSSUUllCC of 11 cerlificate of occupanc)',the applicanl will Less thnn signiricant
provide proof to the City of Rolling Hills Estates (Cily)Planning
Director that all exterior lighting located adjacelll to Crenshaw
Boulevard is limited to security illld safely syslems and lighl sources
arc screened imd dirccled away from Crenshaw Boulevard with the
Lighling nlong Crenshaw Boulevard lowesl possible inlensity.
4.1-2 Prior to issuancc ofa building permil,the upplic3nt will provide Less than significant
proof to the City of Rolling Hills Estates (City)Planning Director
that allY project-related signage along the Scenic Corridor of
Crenshaw Boulevard would preserve Ihe view corridor and
Signage along Crenshaw Boulevard complement the project design.
4.1-3 Prior to issunnce or an occupancy permit,the applicl.lnt will prOvidc Less than significnnt
proof to the City of Railing Hills Estates (City)Plnllning Director
that all landscaping Jocntcd adjacent to Crenshaw Boulev<lrd avoids
Landscaping adjaccnl to Crcnshaw Boulevard the blocking of scenic corridor "icws.
4.2:AIR QUALITY
Impacts lo sensitive receptors in the project 4.2-1 Prior lo issuance of n grading pennit,the applicl.lnt shall provide Less than significanl
vicinity nssociated wilh diesel-powered grading plans with text demonstrating that nil dicsel-powered
construction equipment construction equipmcnl over 50 horsepower (hp)shall conform 10 thc
Uniled Stntes Environmental Proleclion Agency (EPA)Tier 2
emissions levels or better.
4.3:BIOLOGICAL RESOURCES
Impacts to migrntOl)'birds 4.3-1 Prior to npproval or demolition permits,the Plnllllillg Director shall Less tlmll significanl
ensure that 1.1 CJualified biologist,in cOllsullntion with the City of
Rolling Hills Estates,shall conduct preconslruclioll clearance surveys
for aClive bird nesting prior to any clearing of vegetation or tree
remov.lI.The locntion of any active migrJtof)'bird nesls will be
mnpped by the biologist and reported immediately to the project
construction manager and lhe Planning Director.(fprolected
migrntory birds arc presenl,vegetation c1cnring nnd tree removal
shall be restricted to olltside the likely active brecding season (March
1 to Augusl 31)for migratory bird species pOlcntially occurring on
site.If it becomes necessary to clear vegetalion during the active
1-4 P:\fUUOG03\DrnO E1R\Seclioll 1.0 Executive Summitry doc (fOG/201l2))
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L.SA ASSOOIATES,INO.
JUNE 2Dl~
SEOTION 1.0 EXECUTIVE SUMYARY
DRAFT ENVIRONNENTAL.INI'AOT REPORT
G55_GU DEEP VALI.EY DRIVE AND 924_950 INDIAN I'EAK ROAD NIXED.USE RESIDENTIAL.I'ROJEOT
Table l.A:Summary of Project-Specific Impacts,Mitigatiou MeasUl'cs,and Level ofSiguificauce
Level of Significance
Potential Euvironmental Effect Mitigation Measure Afler Mitigation
breeding scason (March I to August 31),all construction activities in
proximity 10 active nests will be delayed or otherwise modified as
determined necessary by the biologist to prcvcntncst failure caused
by demolition or construction activities.
4.4:CULTURAL AND PALEONTOLOGICAL RESOURCES
Impacts to unknown subsurface archaeological 4.4-1 Prior to issuance of a grading penni!,the City Engineer shall vcrify Less thun significant
resources resulting frolll construction enrth-that the applicnllt has contrncted with a certified mclll.leologist,to
moving activities monitor ground-distllrbing construction activities where buried
natural and undisturbcd scdiments exist.Should any mchaeological
resources be identified during the gmding.trenching.or cxcavation,
the certified nrchneologist shall (I)ascertnin the significance orthe
resource;(2)establish protocol with the City to protect such
resources;(3)ascertain the presence oradditiollal rcsources;apd
(4)provide odditionulmonitoring orlhe site.ifdeemcd appropriate.
Upon completion of the project grading.the qualified arclmeologist
shall submit a follow-up report 10 the City Planning Department.This
report shall provide adequale documentation or any rcsources found
within the project area and shall follow guidelines prescnted in the
Office or Historic Preservation "Archneologieal Resource
Managelllcnt Reports (ARMR):Recomlliended Contents and
FOrlnat"Preservation Planninl!Bulletin,
Impocts to unknown subsurface nrchacologicnl 4,4-2 II'human remnins are encountered during construction of the project,Less than significnnt
resources resulling from cOllstruction earlh the contructor shalJnotir)'the County Coroner of the find
movcment activities immcdiutely.State Health and Safety Code Section 7050.5 requires
that no further disturbilllce shall occur until the County Coroner has
madc a determination of origin and disposition pursunnt to Public
Resources Code Section 5097.98.Ifthc rcmnins are determined to be
Nmive American,the Coroner is required to notiry the Native
American I-Ierilage Commission (NAI-IC),wllich will determine and
notify a Most Likely Descendant (MLD).With the permission of the
owner of the land or hislher aUlhorized representative.the MLD Illay
inspect the site of tile discover)'.The MLD shall complete the
inspection within 48 hours of being grant cd access to lhe site.The
MLD rnav recolllmend scientific removal ,lIld nondestructive ilrmlvsis
P:\RHT0603\Dmfi E1R\ScctiulJ 1.0 ExeClllivC'Summary.doc ((06/20/12»1-5
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SEOTION 1.0 I!.XEOUTIVE SUMUARY
ORAfT llNVIRONNllNTAL IMPACT REI'ORT
&55_68S OEEI'VALLEY ORIVE ANO 9H_960 INOIAN "EAK ROAO MIXEO_USE !tIlIlIOENTIAL I'ROJECT
Table l.A:Summary of Project-Spccific Impacts,Mitigation Measurcs,and Level of Significance
LilA ASSOOIATES,INC.
JUNE 201'1
Lc\'cl of Significancc
Potcntial Environmcntal Effcd Mitigation Mcasurc Aftcr Mitigation
of human rcmains and itcms associated with Nalivc Amcrican
burials.
Impacts to paleontological resources during 4.4-3 Prior to issu<lncc ofa grading pcrmit,lhe City Enginccr shall review Less than significant
excavation aClivities and approve n Paleontological Resources Impact Mitigation Program
(PRIMP).The PRIMP shall be prepared ;md implemented to mitigate
potcntinl impilcls to pnlcontological resources that milY be prcsent on
the surface and 10 depth within the Monterey FOnlJalion or at depths
below 10 f1 withinlllluvial or colluvial scdimcnts.The PRIMP shall
contain the following components:
•Altcndancc at the pregradc confercnce by a qualificd
palcolltologist or hisnlcr representative.
•Monitoring of ground-disturbing cxcDvntion activitics b)f a
qualificd paleontological monitor in orcas idcntified as likcly to
contain paleolltological resourccs.The monitor should be
equippcd to slllvngc fossils and/or matrix samples as they nre
uncarthed in order to avoid construction delays.Thc monitor
lllust be empowered to tcmporarily hall or divert equipment in
the nren of thc find in ordcr to allow removal of abundant or
large spccimcns.
•Because the underlying sediments may contain abundant fossil
remains tlmt ean only be recovercd by a screcning and picking
matrix.it is rccommcnded lltat thesc sediments occasionally be
spot-screcned through onc-eiglllh~iIJch to one-twcntieth-inch
mesh screens to determine whether microfossils exist.If
microfossils nrc encountercd,additional scdiment samples (lip
to 6,000 pounds)shall be collectcd and processed through one-
twclltieth-inch mcsh screens to rccovcr ndditional fossils.
•Preparation ofnny recovered specimens sholl be conducted to
the point of identification and permanent preservation.This
includes the washing and picking of Illass samples to recover
small invcrtebmtc and vertebrate fossils and Ihe removal of
surplus sedimcnt from around larger specimcns to reduce thc
1-6 P:\R1·1T0603\Ornn EIR\Setlion 1.0 Executive SUlIlll1ary.doc {(06120112l)
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l.SA ASSOCIATES,II'lC.
JUNE 2012
SEOTION 1.0 EXECUTiVe SUIroIMARY
DRAFT ENVIRONMENTAl.IMI'AaT REPORT
~~5_G8!DEEP VAL.L.£Y DRIVE AND ~H_~50 INDIAN peAK ROAD MIXED.use RESIDENTIAl.I'ROJEOT
Table l.A:Summary of Project-Specific Impacts,Mitigation Measnres,and Level of Significance
LcvelorSignificancc
Potential Environmcntal Effect Mitig:,tioll Measure Artcr Mitigation
volume of stomge for the repository and the storage cosl for the
developer.
•Curatioll of specimens imo a museum repository with
permanent retrievable storagc.
A report of findings with an appended iLcmizcd inventory of
specimcns shall be prepared after lhe completion of grading.When
submilled to the City of Railing Hills Estates,the report and
invcntory will signify completion of the program to mitigate impacts
to naleolltolof!ical resources for the nroiecl.
4.5:GEOLOGY AND SOILS
Site-specific final geotechnical review and 4.5-1 Prior to issuance of nny grading permits for the project,site-specific Less than significant
cvnluntion and grading plan review final geotechnical review and evaluntion and gmding plan review
shnll be eonductcd by the project geotechnical cOllsultnnl prior to the
start of grading and submitted to the City Enginecr for
review/apprO\'al.The report shall verify that recomlllcndations
devcloped during the geotcchnical design proccss nrc appropriately
incorporated into the project plan.Design and grading construction
shall bc undcrtaken in accordance with the requiremcnts of thc
Catiforniu Building Code applicablc at the time of gmding,
appropriate local grading regulations,and the recommendations of
the projcct gcotcchnical consultant as summarized in the final report.
Construction and design of the proposcd projcct shall comply with
the rccollllllcnded l11CiJsures listed in Sections 6.0 through 9.0 in the
gcotechnical rcview Report (Pacific Soils Enginecring.Inc.,April 27,
2007).
Earthquuke-resis!;lllt design incollJOrated into final 4.5-2 Prior to the issuance or building permits,the City or Rolling Hills Less thrill signilicant
site pJan Estates Building OfJicial (or designec)and the City orRolling Hills
Estates Engincer (or designce)shall rcview and approve linal dcsign
plans (0 ensure thnt crlrthquakc-resistnnt design hus bccn incorporated
into final site drawings in accordance witb the most currcnt
California Building Codc and the recommended seismic design
parameters of the Structural Engincers Association or California for
the proposed project.Ultimate sile seismic design ncceleration shall
be determined by the project structural cJ1~iJleer durin/:!.the project
1':\RHT0603\Dmn EIR\ScClioll 1.0 Execulive SU1lImary.doc «06120/12»1-7
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0
IIE01'ION 1.0 ~XeaUTIVE SUMMARY
DRAFT ENVIRONMENTAL IN.rACT RErORT
655_6"OE!!I'VALLEY DRIVF.AND n'_Isa INDIAN rEAl{ROAD ••1IXeO_USE RESIDENTIAL rkOJEOT
Table I.A:Summary of Project-Specific Impacts,Mitigation Measures,and Levcl of Significancc
LSA ASSOCIATES.INO.
JUNE HI2
Level of Significllllcc
Potcntial Em'ironlnentlll Effect Mitigation Mcasure After Mitigation
design Ilhnse,
Landslidc-rcsistunt design illcorporated into final 4.5-3 Prior to thc issuance of grading permits,thc City of Rolling I-!ills Less than significant
silc plnn Estates Building Onicial (or designce)and the City of Railing Hills
Estates Engineer (or designee)shall revicw and approve final design
plans Lo ensure IhaL landslidc-resistant design has been incorporated
into final sile dmwings in accordancc with the Illost current
California Building Co dc,current GrLlding Ordinunee ofllle C.ity or
Rolling Hills Estates,and the ELirthwork Specifications presented in
the Finalecotcchnical rcvicw prepared for thc uroposcd oroiect
Observation Lind testing of the project soils 4.5-4 Prior to the issuance or grading pcrmits,the City or Rolling Hills Less tlmn significnnt
Estates Building Officinl (or dcsigncc)nnd the City of Rolling Hills
Estates Engincer (or designec)shall cnsurc Ihat all grnding shall be
accomplished under the ohservation and tcsting of the project jioils
engineer and engineering geologist or their authorized rcpresentative
in accordance with the current Grading Ordinance of the City of
Rolling Hills Estates and the Earthworks specifications providcd in
thc Final geotechnical review,After approval orsite clearing and
prior to fill placelllcllt,all existing artificial fill,soil,landslide debris,
terracc deposits,weathered bedrock and compressible ncar surrnce
colluvium shall be removed across thc site,The exact extcnt of the
removals must bc dctermined in the field during grading,when
obscrvation and evaluation can be performed by the soils cngincer
and/or engineering geologist.Thc bottoms of all removal areas shall
be observcd and npprovcd by the cngineering geologist/soils engineer
or an authorized fCllfcscntativc prior to the Iill nluccll1ent.
Impact to fill slopes Sleeper thun 2:1 4.5-5 Prior to the issuance of grading permits,the City of Rolling Hills Less thun significant
Estates Building Official (or designee)and the City of Rolling Hills
Estates Engincer (or designee)shnll review final construction plnns to
ensure that fill slopes steeper than 2:I are constructed utilizing a
geosYllthctie reinforccment material as all additional aid to promote
surficialstabilitv,
Impacts related to slopc stability 4.5-6 Prior to the issuance or gruding permits,the City of Rolling Hills Less thun significnnt
Estatcs Building Orticiol (or dcsigncc)and the City of Rolling Hills
Estates Engineer (or designcc)shall ensure th<ll shoring walls,both
with and without tie·back anchors,be reouired within the proposed
1-8 1):\RHTOG03\DraO EIR\Scclion 1.0 Execulive Summary.doc H06/20112H
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LSA AIISOCIATES.INC.
JUNE 2012
SEOTION 1.0 I!.XJ!CUTIVE SUMMARY
DR.APT eNVIIl.ONMJ!NTAL IUI'AOT REPORT
GSS_GlS DEEP VALLEY DRIVE AND 924_950 INDIAN rEAl'.ROAD MIXED.USE RESIDENTIAL PROJEOT
Table I.A:Summar)'of Project-Specific Impacts,Mitigation Measnres,and Level of Significance
Level of Significancc
Potcntial Euvironmcntlll Effcd MitigAtion Mcnsurc After MitigAtion
project site for temporary slope stability during excavations for
rccommended removals and for permanent stobility ollcr
construction.
Imptlcts rcsulting front irrigation and maintemmce 4.5-7 Prior to the issuance of an occupancy permit,the applicant shall Less than significant
provide to the City of Rolling Hills Estates Public Works Department
Director (or designee)evidence that prior to operation,proper
planting,irrigation and maintenance shnll be continually performed
on all completed,graded slopes in an etTort to maintain surficial
stability.
4.6:HAZARDS AND HAZARDOUS MATERIALS
Impacts related to wildlire risk 4.6-1 Prior to the issutlnce of tile grading or building penn it,the project Less than significant
applicant shall submit site design and landscape plans with respect to
the potcntial for wildlirc risk to the City of Rolling Hills Estat~s
(City)Planning Dcpartmcnt and County of Los Angclcs (County)
Fire Dcpartmcnt for review and approval.In addition,the application
shall provide an evaluation of wildfire risk by a knowlcdgeable
professional to determinc the nature and cxtent of risk for review of
the Fire Dcpnrtment.Evidencc of any additional rcquired mitigntion
by the applicant shall bc submitted to thc County Fire Dcpartmellt for
rcview and mmrovnl.
Impucts to human health resulting from asbestos.4.6-2 Prior to the issuance of the demolition pcrmit,the project applicill1t Lcss than significant
Icad~bascd paint,polychlorinatcd biphcnyls,and shall provide the Building Official with cvidcnce that all structures
othcr common hazardous building matcrials not previollsly surveyed as part of the Plmsc I Environmcntal Site
Assessmcnt (ESA)(Levinc-Fricke 2006)shall bc surveyed for
asbestos,lead-based paint (LBPl,polychlorinated biphenyls (PCBs),
and other common hazardous building materials prior to demolition
activities by qunlificd cnvironmental professionals.The projcct
opplicant shall comply with all applicable loclll,Stntc,and federally
mandated hundling,rcmoval,and disposull'cquircmenls for
hazardous building mnterials found ot the site,including but not
limited to,soil,surfnce water,groundwnter contnmination,LBP,and
PCBs.The project appliemll shall submit documentation to the
Plunning Director for review and approval.Ifany suspect hazardous
building materials nre found during dcmolition,work shall eCilse until
the matcrial has becn sampled.All building nmterials shall bel
P:\RHTOGOJ\Dran E1R\Scctioll ).0 Executive Summal)'.doc {(06f20/111)1-9
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S.I'.OTION 1.0 eXECUTIVE SUMWARY
DRAFT ENVIRONWENTAL IUI'AOT R.I'.I'OIlT
'65-61'DEE-I"VALLEY DRIVE AND 'U_'liO INDIAN PEAK ROAD MIXED_USE RESIDENTIAL PROJECT
Tablc l.A:Sumrna.·y ofProjcct-Specific Impacts,Mitigation McasUl·cs,and Lcvel of Significancc
l.SA ASSOOIATES.11'10.
JUNE :101:1
Level of SignificAnce
PotentiAl EnvironmcntAI Effcct MitigAtion Measure After Mitigation
handled and disposed of in accordance with applicable local,Stale,
und federallY mandated requirements.
Impacts to human health resulting from asbcstos-4.6-3 Prior to issuunce of a demolition permit,the proji,;ct applicant shall Less than significant
cOlltaining millerials,mold,and polychlorinated provide the demolition plans and specificntions to the Building
biphenyls [ound in building material Official for review and approval.The plans and specification shall
include provisions noting arens of known prcscnce of asbestos-
containing materials (ACMs),mold,and polychlorinated biph~nyls
(PCBs),as well as general provisions related to the potcntial presence
of ACMs,mold,and PCBs.Removal of these materials shall be
conducted pursuant to Occupational Safcty lind Health
Administration (OSHA)standards.
Illlpacts to hUlllan heallh from osbestos~col1taining 4.6-4 At least IO working day days prior 10 the demolition of any building Less than significant
materiols found in building matcrials containing asbestos~contail1ingmaterials (ACMs),thc project I
applicant shaJl submit nOlification,lypewritten 011 thc South Coast
Air Quality Mnnagclllellt District (SCAQMD)District-approved
forms.to the Air Qualit)'Management District (AQMD)(AQMD
Rule 1403).Evidence of approval b)'the AQMD shall be provided to
the Buildine.Official.
Impncts to human health resulting from radon 4.6-5 Prior to the issuance of a grading pennit,the project applicant shall Less than significant
provide n mdoll monitoring plan and evidcncc that the building
design includes radon-resist anI features to ensure lhat radon gas does
not accumulate in subsurfuce structures to the Building Official for
rcview and approval.At a minimum,radon levels shull be measured
in all sllbsurf~1ce structures by a California-certified radon tesler once
prior to issuonce of certificate of occupancy and once aftcr occupancy
to confirm that radon levcls do not excced the Uniled States
Envirollmental Protection Agency (EPA)nctioll level of
4.0 picoCurrieslliter (piCII).Results of testing prior to certificntion of
occupancy shall be provided to thc Building Official for approval
Drior to issuance of certification of occlIJ}!Jney.
Impacts to hUlIlun health resulting from unknown 4.6-6 During construction uctivities,the project applicant shall imlTIedintely Less than significant
substances or potentially hazardous materinls notify the Building Official and the Los Angeles County Fire
Department (LACFD),I-Iealth J-Iazardous Mutcrials Division,
Division Chief,if ;:lny llnkllown substances or potcntially hazardous
mnterials arc encountered.The COUllty of Los Angeles (County)
1-10 1':\RI·IT0603\Drafi EIR\Sectioli 1.0 Executive Summary.doc H06/20/121)
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LSA ASSOOIATI!S.INC.
JUNE 2012
SI!OTION 1.0 EXECUTiVe SUMMARY
DRAPT eNVIRONMENTAL IMI'AOT REr'OIl.T
655_G"DEEI'VALLEY DII:IVE AND 924_950 INDIAN rEAl::ROAD MIXED.USE RESIDENTIAL PROJEOT
Tablc l.A:Summary of Projcct-Spccific Impacts,Mitigation Mcasnl'cs,and Lcvel of Significance
Level of Significance
Potential Envirollmental Effect Mitigation Measure After MitigAtion
Heallh Hazardous Materials Division Chief shall delermine the
appropriate procedures lor handling and disposal oflhe materials in
aecordallce with local,Statc.and fcdcral rC!!.lIlatiol1s.
4.7:HYDROLOGY AND WATER QUALITY
Impacls La watcr qualily during conslruction 4.7.1 Prior to issuance ofa grading penni!for projecl,Ihe City Building Less than significanl
Official shall ensure that construction plans for the project include
features mceting the applicable construction activity best
manngemcnt prnctices (BMPs)and erosion ilnd sediment control
BMPs published in the California Stormll'aler BMP J-foudbook-
COflstr/lctiol1 Activity or equivalent.The construction contractor shull
submit a Storm Water Pollution Prevelltion Plan (SWPPP)to the City
Building Official that includes the BMP typcs listed in the hnndbook
that are appropriatc to the proposed projcct.The SWPPP shallpe
prepared by a registered civil engineer.Thc SWPPP shall reduce the
discharge of pollutants to the maximum extenl practicable using
BMPs,control tcchniques and systems,design and enginecring
methods,nnd such other provisions as appropriate.A copy of the
SWPPP shall bc kepi at thc project site.
The construction contractor shall provide a copy of the Notice of
Intent (NOI)submitled to the State Watcr Resources Control Board
(SWRCB)and a copy ofthc subsequcnt notification of the issunnce
ora Wastc Dischnrge Idcntificution (WDID)numbcr to the CilY
Building Officiol.
Impacts to watcr quality during consLruction 4.7-2 Prior to issuance of a building permiL for construction of thc projcct,Lcss than significant
thc project applicant shull providc the CiL)'Building Official with a
tinal projcct-Ievel Standmd Urban Stann Waler Munagel11ent Plan
(SUSMP)LhOlt mccts the requircments oflile Los Angeles COI/nty
Standard Urban Storm Water Miligorio/l Plan for revicw and
approval.Thc finnl project-level SUSMP shall identify all of the
Sourcc Control and Trcatmcnt BMPs that shall bc implcmcnted ns
part of the projccl in order to reduce impacts to WOlter quality to thc
maximum cxtent practicable by addrcssing typical land usc pollutunts
and pollutants thnL huvc impaired the Machado Lnke Watershed.
1':\RIHOGOJ\Dl1ln EIR\Sectioli t.O Executive SUlIlmary.doc ((06120/1211 I-II
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SEOTION 1.0 eXE!CUTIVE!SUN MARY
DRAFT eNVIRONNE!NTAL UJl'AOT Rel'ORT
&55_'IS DEer VALLEY DRive AND 924_950 INDIAN PEAK ROAD ldIXeD-USE.RESIDENTIAL PROJECT
Table l.A:Summary of Project-Specific Impacts,Mitigation Mcasures,and Level of Significance
LSA ASSOOIATES.INC.
JUNE 1012
Level of Significance
Potcntial Environmcntal Effect Mitigatiun Measure After Mitigation
Impac(s (0 water quality during construction 4.7-3 Prior to issuance or a building permit ror construction of the project,Less than significant
the project npplieant shall provide the City Building OITicinl with n
BMP maintetHlIlcc plan,consistent with the requirements orthe Los
Angeles COllflly Standard Urban Storm Water Mitigation Plan,for
review and approval.This plan shall include a statement fTom the
applicant accepting responsibility for all Source Control and
Treatment Control BMP maintenancc until the time the prope~(y is
trnnsferrcd.All future transfers of the property to a private or public
owner shall have condilions requiring the recipiellt to assume
responsibility for the maintenance of any structurnl or Trealment
Control BMP.The condition oftransre!'shall include a provision
requiring the property owner to conduct il II1rlintenance inspection at
least once a yenr and retain proof of inspection.111 addition,I
educationnl materials indicating locations of sloml water facilities
and how maintenunce can be pcrfomlccl shallllccompany first deed
transfers.
hnpacts to water quality resulting from operation 4.7-4 Prior to issuiJllcC of [1 building permit for construction of the project,Less than significant
of the project the project appliennt shall submit a final drainage plan to the City
Building Offici'll for review and approval.The drainage plan shall
include anyon-site structures and/or modifications of existing
drainage facilities IlCCessill)'(0 accommodate increased runoff
resulting frolll the proposed project and shall indicate project
contributions to the region'll storm water drnillage system.The
drainage plan shull show all structural BMPs consistent with the
project storm waler l11anU.I!.Cmcllt plan.
4.8:LAND USE
No polelltinlly significant il11l>acts related to land No potentially significant impucts related to Innd usc Imvc bccn identified,and no N/A
usc have bcen identified.ll1itiJ::ation is required.
4.9:NOISE
Construction noise 4.9-1 Prior to issuance of any construction or grading permit.the npplicilllt Unavoidable adverse
shall provide the Cit)'oCRolling Hills Estates (Cit)')Planning imprlet
Director building and grading plans stating the following:
•Construction shall be limited to the hours or 7:00 a.lll.to 5:00
p.l11.Monday through friday and 9:00 a.lll.to 5:00 p.lll.:on
1-12 '):\ItHT0603\OrnO EIR\Section 1.0 Executive Summary .doc {(061201 I21>
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LSA ASSOOIATes,INC.
JUNE 2012
lleOTION \.0 eXECUTive SUMMARY
DRAPT eNVIRONMENTAL IMPACT RepORT
6S5-&lS DEEP VALLEY DRIVE AND '24_950 INDIAN PEAK ROAP MixeD_USE R.ESIDENTIAL PROJEOT
Table l.A:Summa.·y of Project-Specific Impacts,Mitigation Measures,and Level of Significance
Level of SigniliclIlice
Potcnti:ll Environmental Effect Mitigatiun Measure After Mitigation
Saturdays.In accordance with City stundards,no constnlctioll
activities arc permitted outside of these hours,and no
construction is permilled on Sundays or federal holidays.
•During all project site excavation and grading on site,the
project eontrnctors shall equip all constrm::tiol1 equipment,fixed
or mobile,with properly operating nnd maintained Il1ufners
consistent with manufacturers'standards.
•The project contrnctor shall place nil stationary construction
equipmcnt so that cmitted noise is directed nway from sensitive
receptors locUled within 100 feet (rt)of the projcct sileo
The construction contractor shnillocate equipment staging in oyeas
Ilmt will create the greatest distance belween conslruction-related
noise sources and noise-sensitivc receptors nearest the project site
durin!!all oroiect construction
Construction noise 4.9-2 Prior to issuiJllce of any construction or grading permit,the applicant Less than signifieanl
sl",11 provide the City orRoliing I·Jilis Est.tes (City)Building Offiei.1
with construction plalls for temporary construction noise barriers with
a minimum height of6 feet (ft)to be installed on the project site
alon£!.Indian Peak Road and Crenshaw Boulevard.
Construction noise 4.9-3 Prior to issuance of an)'construction or grading permit,if the Uml\'oidnblc adverse
approved multifamily residences at 627 Deep Vnlley Drive are impact
occupied during project construction,the applicant shall provide the
City of Rolling Hills Est.tes (City)Building Official with
construction plans lbr tempora!)'construction noise barriers with il
minimum height of6 [eet (fi)to be installed 011 the project site nlong
thc site's west boundary.
COllstnlctiol\noise 4.9-4 Prior to issuunce of ullY construclion or grading permit,if the Unavoidable adverse
approved multifamily residcnces at 827 Deep Valley Drive arc impact
occupied during project construction,the npplicant shall provide the
City of Rolling Hills Est.tes (City)Building Offiei.1 with
conslruclion pIons for temporary construction noise barriers with a
minimum height of6 feet (fi)to be installcd 011 thc projecl sile ulollg
the site's east boundal)'.
r:\RHT060J\Drnn EIR\Scclioll 1.0 Executive Sunllmll)'.doc (106120/121)1-13
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6
SEOTION 1.0 EXEOUTIVE SU ....MARY
DRAFT ENVIRONMENTAL IJ.lI'AOT REPORT
G~!i_615 DE!!.!'VALLE.Y DRIVE ANb 9H-!I!iO INDrAN I'EAK ROAD MIX!!.D-USE RESIDENTIAL PROJECT
Table l.A:Summary of Project-Specific Impacts,Mitigation Measures,and Level of Significance
LS ....AlI.OCIATES.INC.
JUNE 2012
Lcvel of Significance
Potcntial E"virollll1cllh,1 Effccl Mitigation Measure After Mitigation
Operation noise 4.9-5 Prior 10 issuance of a building permit,the applicant shall provide Less than significant
construction plans to the Cit)'of Rolling Hills Estates (City)Building
Director dCl110nstruting thut noisc barriers with u minimum cffective
heiglH 0[5 feet (ft)would be constructed on the perimeter orthe
balconies/decks within 100 ft ofCrenslmw Boulevard.Balconies on
the side oflhe residentinl structures that will be facing away from the
roadway traffic (i.e.,shielded by the structure itself)do not require
sound walls.Additionally,frontline dwellings with olltdoor active usc
areas (such as a balcony or patio)thal arc exposed directly to tranic
on Crenshaw Boulevard shall be protected by a 5 ft high barrier
surrounding the active lise areas.The noise barriers can be
constructed with earthen benn,concrete masonry units (CMU),
Plexiglas.or a eombiniJtion of these materials.Frontline dwel1)ng
units within 100 ft of Crenshaw Boulevard arc ulso required to be
equipped with an air conditioning system in order for windows and
doors to remain closed.
Opcraliolllloise 4.9-6 Prior to issuance ofa building permit.the applicant shull provide Less thull significant
construction plans 10 the Cit)'of Railing Hills Estutes (City)Building
Director demonstrating thut frontline dwelling units within 100 feet
(0)ofCrenslmw Boulevard will be equipped with an air-conditioning
systcm.
Delive!)'operations lIoise 4.9-7 Prior to issuance of an occupancy permit,the applicant shall provide Less than significant
to the City of Rolling Hills Estates (City)Planning Director evidence
thnt delivcI)'operations on the project site will be limited to the hours
of 7:00 a.l11.and 7:00 0.111.
Operation noise 4.9-8 Prior to issuance orn building permit,the applicant sholl provide Less thon significant
construction plnns to the City of Rolling Hills Estates (City)Building
Director demonstmting that healing,ventilation.and air~col1ditioning
(HV AC)units 011 the Pad A strucLure rooftop shall have additionoJ
noise shiclding.sufJieielllto result in a total noise reduction of 12 A-
weighted decibels (dBA).
4.10:POPULATION AND HOUSING
No potentially significant impacts related to There arc no potcntially signincallt impacts relating to Population and Housing,NlA
DODulntiol1 and housing hnve been identified.and no mitigutioll measures arc necessary.
1-14 1':\RHT0603\Dran EIR\Scclion 1.0 Excculive SUl1l1uary.doc (06120112»)
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l.SA ASSOOIATES.INO.
JUNE 201'-
SI!OTlON 1.0 EXEOUTIVE SUI,o,IAR.Y
DR.APT I!NVIR.ONMI!NTAL IMPACT R.EPORT
US_G83 DEEI'VAl.l.EY DRIVE AND '24-'50 INDIAN PEAK ROAD 1,IlXeD-USe RESIDENTIAL I'ROJ£01'
Table l.A:Summary of Pl"Oject-Specific Impacts,Mitigation Measul'es,and Level of Significance
Level of Significance
Potential Envirollmental Effect Mitiglltion Mellsure After Mitigation
4.11:PUBLIC SERVICES AND UTILITIES
Security impacts during construction 4.11-1 Prior to issuance of grading or building permits,the Applicant shall Less than significant
provide u Constnlctioll Site Security Plan to ensure that ndcquatc
security measures arc provided to limit thc potential for theil,
vandalism,or othcr criminal activities during construction.Thc Plan
shall be submitted for approval by the Plmllling Director.The
Security Plan shull include,but is 1101 limited to.appropriate fencing,
safety lighting,on-sitc securit)"alnrm systcm,and locking
mechanisms for equipment and storaRe units.
Sewer eapucity impacts during operation 4.11-2 Prior to the issuance OfUll)'building permit,the Applicant shall Less thon significant
consult with the County Sanitation Districts of Los Angeles Coullty
(Sanitation Districts)to confirm that t1vailable trunk sewer capacity
exists to serve the project.Ifdevcloper fees arc necessary,thc f
dcveloper will submit paymcnt to the Sunitation Districts.Evidcncc
of the scwcr capncity unalysis ilnd paymcnt of npproprialc fccs shall
be orovidcd to the Building Official for revicw.
4.12:RECREATION AND OPEN SPACE
Dedication of parkhmd fees 4.12-1 Prior to issuance of a building penn it,the Planning Director shall Less than significant
review the project site plan and require land dedication or thc
appropriate in-lieu-of fces lor parkland required by Section 16.08
and/or ChaDter 17.74 of tile MunicioDI Code.
4.13:TRANSPORTATION AND CIRCULATION
Construction traffic safety 4.13-1 Construction Trnffic Manllgement Pl:lII.Prior to lhe issllutlce of a Less than significant
grading permit,the applicant shall provide a Construction Traffic
Managcmcnt Plan (TMP).Thc City Trame Engineer shall review thc
plan for consistency with the City's Municipal Code and shall
approve the plan.The Construction TMP shall address the following:
•Traffic control for UIlY street closure, detour,or other disruption
to tramc circull.ltioll.
•Identify the roules that construction vchicles will utilize for the
dclivcry of construction materials (Le.,lumber,tiles,piping,
windows)to access lhe site,traffic controls and detours,and
proposcd construction phasing plan for the project.,
1):\RHT0603\Drnft EIR\Section 1.0 Executive SUlIlllliU)'.doc /(06120/121,1-15
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SEOTION I.D eXECUTIVE SUMUARY
DRAFT ENVIRONMeNTAL IUPAOT REPORT555_'"DEEr VALLEY DRIVE AND 924_950 INDIAN I'EA".R.OAD ulxeo-us£RESIDENTIAL rROjE-CT
Table 1.A:Summary of Project-Specific 1m pacts,Mitigation Mcasurcs,and Level of Significance
LSA ASSOOIATES.INO.
JUN!!2D1'1
LevelofSigllificancc
Potential Envirollmcntal Effect Mitigntion Mcasurc After MitigAtion
0 Idcntify parking nceds and parking arcas for constructioll~
relatcd cquiplllcnt and workman support.
0 Specify the hours during which transport activities can occur
and mcthods to mitigate constructioll-felnted impncts to
ndjncent streets.
0 Require the applicant to keep all haul routes clean and free of
debris,including but not limited to gravel and dirt as a resull of
its operations.The applie'lI1t shall clcan adjaccnt strects.as
directed by the City Engineer (or representative of the City
Engineer),of any material which may have bccn spill cd,
track cd,or blown onto adjnccnt streets or nrcas.
I
0 Hauling or transport of oversize loads will be allowed betwecn
the hours of9:00 a.lll.<lnd 3:00 p.m.only,Monday through
Friday.unlcss approved otherwise by the City Engineer.No
hauling or transport will be allowed during nighttime hours,
weekends,or federal holidays.
0 Haul trucks entering or exiting public streets shall at all timcs
yield to public tromc.
0 If hauling operntions cause any damage to existing pn\'elllcnt,
strect,curb,and/or gutter nlong the haul routc,the applicant will
be fully responsible for rcpairs.The repairs shall be completed
to the satisfaction of the City Enginecr.
0 All constructed-related parking and staging of vehicles will bc
kept out of the adjacent public roadways and will occur all sitc.
0 This plan shull meet standards established in the current
California Manual 011 Uniform Traffic COlllrol Device
(MUTeD)as well as the City of Rolling Hills Estates
requiremcnts.
Level of service impacts nt Deep Valley Drive and 4.13-2 Deep Valley Drive at Silvcr SimI'Rond.Prior to issuance ora Lcss than significanl
Silver Spur Road grading permit,the DooJicallt shnll design.construct,and comolete
1-16 JI;\[U·IT0603\O ...fl EIR\SCClion 1.0 ESCCUli\'c SUllunalY.doc «06/20/12))
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L8A AUOCIATES.INO.
JUNE :101:1
SEOTION 1.0 EXECUTIVE SUMMARY
DR.APT ENVIR.ONMENTAL IUPACT REI'ORT
655_611 DEEr VALLEY DRIVE AND !U_950 INDIAN !'EAK ROAD MIXI!.D·USE ItI!.SIDENTIAL I'ROJEOT
Table l.A:Summary of Project-Specific Impacts,Mitigation Measures,and Level of Significance
Lcvcl of Significl1ltcc
Potcntial Envirolllllcntal Effect Mitigation Measurc After Mitigation
the following ll1odificntions and provide evidence to the City's
Traffic Engineer and Public Works Director that the northbound
approach orDeep Valley Drive has bccn rcstripcd within cxisting
strcct width to provide a separate northbound leO-turn lane and a
northbound right-turn lanc,wilh associated signing modifications and
appropriate Pilvemelll legends.
Level of service impacts at Hawthornc Boulevard 4.13-3 Hawthorne Dou)cvnrd lit Palos Verdes Drive North.Prior 19 Less than significllllt
and Palos Verdes Drive North issuance of n grading permit.the applicant shall design,construct,
and complete and provide evidcnce to the City's Traffic Enginecr and
Public Works Director tllat the eastbound approach of Palos Verdes
Drive North Ims becn restriped to provide a dual len-turn lane,u
through lane,and a sharcd through right-turn lunc within existing
street width and maintain existing split-phase operation on Palps
Vcrdes Drivc North within appropriate signing and striping
modifications.In addition,depending on the construction schedule,
the applicant could pay in-liell fees.
Lcvel of service impacts at Hawthorne Boulevard 4.13-4 Hawthornc Boulcvard at Palos Vcrdes Drivc North.Prior to Less than significant
at Pulos Verdes Drive North issuance of an occupancy permit,the npplicant shall provide evidencc
to the City's Trnme Engineer and Public Works Director that the
eastbound approach of Palos Verdcs Drive North has been widened
and restriped to provide dual left-turn lanes,one through lane,and a
shared right-tunt lane with associated trumc signal,striping,and any
modifications and eliminatc split-phnse oper.lIioll on Palos Verdes
Drive North with the appropriate signing and striping modifications.
The applical1l shull pay an in-lieu fcc based on actual cosL<;(or
approved engineer's estimate),whichever is less,for engineering
design,permitting,construction,and inspcction required to eomplcte
this mitigalion,payable to the City of Rolling Hills Estntes as
satisfaction for the completion of this miligatiollllleasure.The City
shall be responsible to construct said required measures or equivalent
nhentative.All costs for the engineer's estimatc will be payable by
the apolicant.
Level of service impacts al Hawthorne Boulevard 4.13-5 Hawthornc BoulcvlIrd at Silver Spur ROllt!.Prior to issuance of an Less than significant
at Silver Spur Road occupanc),permit,the applicant shall dcsign,construct,completc,
and provide cvidencc to the City's Trame Engineer and Public
1':\RI-IT060J\Orali EIR\Scction 1.0 ExeClilive Somnlilry.doc ((OGnOIl1))1-17
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SEQ'rION 1.0 l!Xl!CUTIVl!SUMMAkY
DR.APT ENVIRONMENTAL IMPAOT REPORT
6~6_US DEEI'VALL£Y DklVE AND !U,,-~~O INDIAN PEAK ROAD JJ:IXED.USE RESIDENTIAL PROJECT
Table 1.A:Summary ofP,·oject-Spccific Impacts,Mitigation Measures,and Level of Significance
LSA AlUOCIATES.INC,
JUNE 2012
Level of Significance
Potential Environmental Effect Mitigation Measure After Mitigation
Works Director that the northbound approach and departure on
Hawthorne Boulcvnrd will be restriped 10 provide dual left-turn
lunes.one through lane,and a shared through right-turn lanc.
Rcstriping the southbound approach and dcparture 011 Hawthornc
Boulcvard to provide a second left-lurn lane will be requircd.as well
as rcslriping the westbound approach on Silver Spur to provide a
sccond left-turn lanc.Removal of medians shall be required.as
necessary.10 minimize the need to widen.The signnl shall be
modified,with appropriale signing and slriping modifications.Any
modifications within the City of Rancho Pulos Verdes will require
Roucho Palos Verdes uDProval and permits.
CUll1ulntive level of service impncts ut Drybank 4.13-6 Drybnlll{Drive at Silver SIJUr Rond.Prior to issuance of un Less than significant
Drivc and Silver Spur Road occupancy permit.the upplicanl shall design,construct,complFte,
and provide evidcnce to the City's Traffic Enginecr and Public
Works Director thnt thc eastbound approach 011 Silver Spur Road
shnll be restriped to provide un exclusive right-turn lane as wcll as
signal modifications and appropriate signing and striping
modifications.
CUlllulntivc level of servicc impacts ut Roxcovc 4.13-7 Roxcovc Drive at Silver Spur Rond.Prior to issuance of <.111 Less than significant
Drivc at Silver Spur Road occllpnncy permit.the applicant shull design,construct,complcte.
and provide evidence to the City's Traffic Engineer and Public
Works Director thaI restriping of tile northbound approach of
Roxcovc Drive provides a separate northbound left-turn lane,and a
northbound righHurn lLlllC with associated signing modifications and
aDurol>riatc 11UVel1lCnl legends have becn installcd.
Cumulativc level of service impacts at Deep 4.13-8 Deep Vallc)'Drivc at Silvcr Spur Road.Prior to issuance of an Less than significullt
Vallc)'Drive and Silvcr Spur Road OCCllPLlllCY pcrmit,the applicant shall desigll,construct,complete,
and providc evidence to the City's Tramc Enginccr and Public
Works Director that restriping of the northbound approach of Deep
Valle)'Drive provides a separate northbound left-tum lane and a
northbound right-turn lane.Installation ofa tramc signal and
<Issociated signing modifications and pavement legends or at such
time as the Cit)'Traffic Engincer determines actual traffic volumcs
justif)'a new traffic signul consistent with Cit)'Ordinuncc No.647.
The ulJolicant is to pav the fair-share cost of thc tramc signal cost
1-18 P:\RHT0603\Drnn E1R\Scction J.O Executivc SUlllmary.doc ((06/20/12»)
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LSA A8S00IA"ES,INC.
JUNE 2012
s~aTION 1.0 EXECUTIVE SUMMARY
DRAFT ENVIRONMENTAL IMPACT kEl'OkT
655_68S DEEP VALLEY DRIVE AND ~24_950 INDIAN PEAK StOAD ),fIXED·USE RESIDENTIAL PROJEOT
Table 1.A:Summary of Project-Specific hnpaets,Mitigntion Measures,and Level of Significance
Level of Sigllificltl1ce
Potential Environmental Effect Mitigation Measure After Mitigation
(12.48 pcrcenl),and lhe City is to construct the signal when
warranted,All direct design and construction costs shull be approved
by the City's Tramc Engineer.
Cumulntive level orscrvicc impacts at Crenshaw 4.13-9 Crenshaw Boulevard al Silver Spur Rond.Prior to issuance of an Lcss than significant
Boulevard at Silver Spur Road occupancy permit,lhe applicant shall provide evidencc to the City's
Trame Engineer and Public Works Director thul the projcct's fair-
share costs toward the rollowing improvement hus been paid:'.\'idell
and/or restripe the southbound approach of Crenshaw Boulevard to
provide two right-turn lanes as well as modifications to the signal und
appropriate signing and slriping,These modifications are consistent
with those adopted in Ordinance No.647,The applicant shall puy lhe
fair-shnre cost (9.36 percent),and the City is \0 construct the
improvemcnts when warranted.All direct design and cOl1strucyon
costs shall be approved by the City's Tramc Engincer.
CUlllulative impacts to Hawthorne Boulevard and 4.13-10 Payment of Fees.Prior to issuance of an occupancy permit,the Less than signifie'lllt
Indian Peak Road,Crenshaw Boulcvard and applicant slmll,at the City's discretion,provide aile orthe following
Indian Peak Road,Hawthorne Boulevard nnd contributory mitigation mcthods:(I)contribution equal to the
Palos Verdes Drive North,and Crenshaw project's share or the estimated construction costs ror the necessary
Boulevard and Palos Verdes Drive North mitigation measures to offset its cumulative impact at the [our key
intcrsections below,(2)pay the appropriate fees to offsct its
cumulative impact tit the four key intersections below,or (3)fully
pnrticipate in the City's Development Impact fee (DIF)program.All
estimated costs pursuant to this mitigation measure shall be approved
by the City Tramc Engineer.The four key intersections with
contributory impacts arc:Hawthorne Boulevard al Indiun Peak Road,
Crenshaw Boule\'urd lit Indian Peak Rand,Hawthorne Boulevard at
Pulos Verdes Drivc North,and Crenshaw Boulevard ut Palos Verdes
Drive North,All estimated costs pursuant to this mitigationl11easurc
shull be approved by the City's Tramc Engincer,Subsequent to
completion of this mitigation,the applicant shall provide evidence to
the City's Trnrric Ene.ineer .md Public Works Director.
N/A =not applicable
P:\RHT0603\Drnn EtR\Scclion t.o E:'l:CCUlivc Summary.doc (106120/1211 1-19
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SECTION 1.0 EXECUTIVE SOJ,U'ARY l.SA ASSOCIATES.INC.
DRAFT ENVIRONMENTAL IMPACT REPORT JUNE 1012
655-U'DEEP VALLEY DRIVE AND '24_'50 INDIAN PEAK ROAD MIXED-use RESIDENTIAL PROJECT
This page intentionally left blank
1-20 P:\RHT0603\Drafi EIR\Seclion 1.0 Executive Summary.doc ((06nOIl1))D-33
FE!:..,.
SOURCE:BillG MUllS POOH)
$
o ISO lOO
(CJ]Project Area
C City Boundary
Developments Outside Project Area
1-Avenue oCthe Peninsula Mall
2-The Village
3-Peninsula Center Library
4-Town and Country
5-627 Deep Valley Drive
6-827 Deep Valley Drive
7-Mediterranean Village
8~Rancho Pol os Verdes Neep Preserve
9-Preschool!Day Care Cenler
Developments Inside Project Area
10-Brick Walk
11-655 Deep Valley Drive
12-944 Indian Peak Rond
13-950 Indinn Peak Road
14-940 Indian Peak Road 655-683 Deep Valley Drive alld •
924-950 Illdiall Peak Road
Mixed-Use Residelltial Project
Project Site -Aerial Photograph
1:\RHT0603\(j\Sitc Acrinl.cdr (6/5112)
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E-mails from Janet Gunter regarding
June i h Board of Harbor Commissioners (BHC)meeting
D-35
Sent:
To:
Cc:
Sent:
To:
Page 1 ofl
Kit Fox
From:Janet Gunter [arriane5@aol.com]
Tuesday,May 29,201210:25 PM
knatz@portla.org
MrEnvirlaw@sbcglobal.net;jody.james@sbcglobal.net;deI310@juno.com;connie@rutter.us;
konnica@ca.rr.com;dan.weikel@latimes.com;djgoldstein@cbs.com;pauLh_rosenberg@hotmail.com;
Ipryor@usc.edu;carl.southwell@gmail.com;bnan.campbell@rpv.com;brian.hembacher@doj.ca.gov;
sally.magnani@doj.ca.gov
Subject:REQUEST TO PRESENT 12 MINUTE VIDEO ON RANCHO LPG AT POLA HARBOR COMMISSION
6/7/12 MEETING
Hello Geraldine-
On behalf of the San Pedro Peninsula Homeowners United,I am submitting a request to playa 12
minute video relating to the Rancho LPG facility.This presentation responds directly to the agenda item
to be heard that day on the Port Community Advisory Committee's Motion to revoke the "month to month
revocable rail permit"being granted to Rancho LPG to service their operations.Please let us know asap --
if we may be granted this opportunity.We believe that il is of extreme importance.
Thank you,
Janet Gunter
Page 1 of 1
Kit Fox
From:Janet Gunter [arnane5@aol.com]
Wednesday,May 30,201211 :26 AM
marciesmiller@sbcglobal.net;deartoni@yahoo.com;roamerbill@yahoo.com;liz@smbaykeeper.org;
fbmjet@aol.com;bonbon@earthlink.net;rueski1@cox.ne.t.Kit Fox;paul_h_rosenberg@hotmail.com
Subject:PCAC Motion before the POLA Harbor Commission on June 7th 8:30 AM
It will be very important to have speakers to testify before the Harbor Commission next Thursday.Please
let me know how many of you may be available to put in 3 minutes.The Motion before the Harbor
Commissioners for approval is the Port Community Advisory Committee's directive to revoke the month to
month renewable rail penmit to Rancho until a risk assessment is provided that estimates the level of risk
exposure to the community and establishes that the insurance carried by the Rancho/Plains operators is
enough to cover potential damages from an event at Ihe site.This is very important stuff.Please come
to testify.
Thanks,
Janet
D-36
BHe Staff report for Rancho LPG rail permit revocation request
D-37
1,\
THE PORTo.lOS ANtllLiS
Executive Director's
Report to the
Boord of Horbor Commi..ioners
DATE:MAY 31,2012
FROM:PLANNING &ECONOMIC DEVELOPMENT
SUBJECT:RESOLUTION NO.•STAFF RESPONSE TO THE PORT OF
LOS ANGELES COMMUNITY ADVISORY COMMITTEE
RECOMMENDATION NO.110 REGARDING RANCHO LPG
HOLDINGS,LLC FACILITY _
SUMMARY:
Port of Los Angeles Community Advisory Committee (PCAC)Recommendation No.110
requests that the City of Los Angeles Harbor Department (Harbor Department)revoke
Revocable Permit No.10-05 (the rail line permit that connects the North Gaffey Street
terminal to the interstate railroad system);perform a risk assessment of the Rancho
LPG Holdings,LLC (Rancho)facility and all hazardous commodities transported
through the Port of Los Angeles (Port)and nearby communities via pipelines,railroad
tank cars,and tank trucks;and that the Board of Harbor Commissioners (Board)
establish a working group to assist in examining the risks associated with the Rancho
facility.Staff recommends denying PCAC Recommendation No.110.
RECOMMENDATION:
It is recommended that the Board of Harbor Commissioners:
1.Consider and deny the Port of Los Angeles Community Advisory Committee
Recommendation No.110 for the reasons stated in this board letter;and
2.Adopt the foregoing as Resolution No._
DISCUSSION:
Background -Rancho Facility.In 1973,Petrolane developed a liquefied petroleum gas
(LPG)storage facility on private land on North Gaffey Street in San Pedro (Transmittal
1).The facility was assessed in an Environmental Impact Report (EIR)certified in 1973
by the City of Los Angeles as the lead agency.The facility has been used to store
butane and propane and includes two 12.5 million gallon refrigerated tanks.
Additionally,the facility includes five 60,000 gallon horizontal storage tanks.The Harbor
Department does not own or have operational control over the LPG storage facility.
While located on privately owned property,the storage facility is subjected to regulation
by several local,state and federal regulatory and enforcement agencies,including,but
not limited to the U.S.Department of Homeland Security,U.S.Department of
D-38
DATE:MAY 31,2012 PAGE 2 OF 6
SUBJECT:STAFF RESPONSE TO PCAC RECOMMENDATION NO.110
Transportation,U.S.Environmental Protection Agency,U.S.Department of
Occupational Health and Safety,California Environmental Protection Agency,California
Emergency Management Agency,California Department of Toxic Substances Control,
Los Angeles City and County Fire Departments,City of Los Angeles Bureau of
Sanitation Industrial Waste Management Division and City of Los Angeles Department
of City Planning.
Pipeline Permit and Berlhing Rights:The storage facility was connected to the Port by
means of a 16-inch pipeline to Berth 120 in-the West Basin where vessels were loaded
with butane for export.In March 2004,the Board concurred with PCAC motion No.17,
which recommended that the transfer of LPG products at Berth 120 cease,and that the
pipeline permit not be renewed.In July 2004,the berthing rights for AmeriGas,which
acquired Petrolane,were terminated,and in October 2010,the pipeline permit was
terminated.
Rail Spur Permit In addition to the pipeline permit and berthing rights,the Harbor
Department also approved a permit for a railroad spur track to serve the storage facility.
In 1974,the Harbor Department entered into Revocable Permit (RP)No.1212 with
Petro lane (the first occupant of the current Rancho facility)for construction,operation,
and maintenance of an industrial railroad spur track.The spur track was necessary to
connect the Petrolane facility to the existing spur track that ran along Gaffey Street.
This spur track that ran along Gaffey Street pre-existed the development of the
Petrolane facility and served other customers in the area.Records indicate that in order
to allow Petrolane access to the rail system a spur track had to be constructed over land
the Harbor Department had previously purchased from the Watson Land Company in
1970.At that time the remainder of that spur track that ran along Gaffey Street was
owned by Southern Pacific Railroad (SPR).
In 1994,through the purchase with the Port of Long Beach acting by and through its
Board of Harbor Commissioners,of rail track in connection with the Alameda Corridor
project,the Harbor Department gained an ownership interest in the railroad spur track
that was once owned by SPR and runs parallel to Gaffey Street up to the point covered
by RP No.1212.Therefore,after the Alameda Corridor transaction,the Harbor
Department had interest in the entirety of the railroad spur track that parallels Gaffey
Street which serves the Rancho facility.Rancho continues to utilize the railroad spur
track to move tank cars to and from the facility.Rail service is provided by Pacific
Harbor Line (PHL),the operating railroad that provides rail switching services to
customers within and adjacent to the Ports of Los Angeles and Long Beach.
In 2011,the Harbor Department entered into RP No.10-05 with Rancho LPG Holdings,
LLC (Rancho)(Transmittal 2).RP No.10-05 is a successor RP to RP No.1212.The
Harbor Department is authorized to terminate RP No.1 0-05 upon thirty (30)days'notice
pursuant to paragraph 3 of the RP,which states:
D-39
DATE:MAY 31,2012 PAGE 3 OF6
SUBJECT:STAFF RESPONSE TO PCAC RECOMMENDATION NO.110
"The Revocable Permit shall be month-to-month,commencing upon the date of
execution by Executive Director and shall thereafter be revocable at any time by
Tenant or by Executive Director,upon giving of at least thirty (30)days'written
notice to the other party stating the date upon which this Permit shall terminate.
The right of the Executive Director to revoke this Permit is and shall remain
unconditional.Neither City,nor any board,officer or employee thereof,shall be
liable in any matter to Tenant because of such revocation."(RP NO.1 0-05)
PCAC Recommendation No.110 -PCAG Recommendation No.110 (Transmittal 3)
requests the Board direct staff to (1)revoke Revocable Permit (RP)No.10-05,(2)
perform a "Risk Management Plan"of the Rancho facility,including the transport of
product to and from the facility by pipeline,rail tank car and truck,and perform a risk
analysis of products transported to and through the Port and nearby communities by
pipeline,rail tank car and truck,and (3)that the Board establish a working group to
examine the risks of the Rancho facility.
(1)As stated above,the Harbor Department does have the right to revoke Permit
No.10-05 in accordance with the terms of the contract.Termination would not
have the effect of terminating rail service to the Rancho facility,however,
because rail service to the Rancho facility would continue under a permit
between the Harbor Department and Pacific Harbor Line (PHL)(Permit No.
1989).RP No.10-05 is the rail spur permit that connects the Rancho facility to
the interstate railroad system served by PHL as a common carrier.Permit No.
1989,approved by the Board in 1997,grants PHL operational and maintenance
responsibilities of the rail facilities in the Port,including the SWitching of railcars in
and around the Port.This Permit gives PHL,the ability to operate as a federally
recognized common carrier on the spur track along Gaffey Street that serves the
Rancho facility.This includes the section of track that is also the subject of RP
No.10-05.Therefore,RP No.10-05 between the Harbor Department and
Rancho is not required for PHL to serve the facility and termination of the permit
would not result in any discontinuation of rail service to the Rancho facility.
Moreover,termination of RP No.10-05 would result in the loss of (1)$1 million in
comprehensive general liability and property damage insurance provided by
Rancho,(2)indemnification of the Harbor Department from any claims resulting
from Rancho's operations on the RP No.10-05 premises,and (3)the loss of
$14,244 in compensation per year generated from the RP.Further,should the
Board seek to eliminate the spur track from Permit No.1989 with PHL,approval
would be required from the Surface Transportation Board (STB).If this were to
be initiated,it is anticipated that Rancho would vigorously contest the proposed
action.STB discontinuance/abandonment proceedings largely involve questions
of a line's economic viability.Based on staff's current understanding,there is still
economic viability in the use of the line to serve the Rancho facility.Accordingly
it is unlikely that the STB would allow discontinuance or abandonment of the line.
D-40
DATE:MAY 31,2012 PAGE40F 6
SUBJECT:STAFF RESPONSE TO PCAC RECOMMENDATION NO.110
Therefore,staff recommends that this element of PCAC Recommendation No.
110 be denied.
(2)PCAC Recommendation No.110 also requests the Harbor Department to
develop a "Risk Management Plan"for the Rancho facility assessing the
transport of product to and from the facility by pipeline,rail tank car,and tank
trucks.The motion also requested a risk analysis of the transport of products to
and through the Port and nearby communities via pipelines,rail tank cars,and
tank trucks.In November 1983,the-California Coastal Commission certified Port
Master Plan Amendment No.3,relating to the establishment of a Risk
Management Plan (RMP)for the Port.The purpose of the RMP is to manage
and direct proposed developments in the Port to protect against and minimize the
risks of significant adverse impacts due to potential hazards associated with
liquid bulk terminals in the Port.The policies of the Harbor Department's RMP
require those Port terminals handling hazardous liquid bulk cargoes be identified,
those locations in and adjacent to the Port that contain high density working,
visitor or residential populations be identified,and those areas that could be
placed at risk should an incident occur at a Port liquid bulk terminal be identified.
Once these are identified,the goal of the RMP is to minimize or eliminate those
areas where a high density population is within an area placed at risk from an
incident at a liquid bulk facility in the Port.
Since the RMP is an amendment to the Port Master Plan,which governs those
Port properties within the coastal zone,its application is limited to those same
Port properties within the coastal zone.The current Rancho facility on North
Gaffey Street is neither on Port property nor is it within the coastal zone.
Therefore,as the Rancho facility is outside of the Harbor District and coastal
zone,application of the RMP criteria is beyond the jurisdiction of the Harbor
Department.Additionally,the intent of the Harbor Department's RMP is to
assess the potential risks of the storage and transfer of hazardous commodities
occurring at liquid bulk terminals in the Port.Risk assessments of commodities
either on board a vessel,inside a tank truck or rail tank car or in a pipeline
transiting through the Port is not mandated to be addressed in the Port's RMP.
Therefore,staff recommends denial of this element of PCAC Recommendation
No.110.
(3)The motion further requests that the Board establish a working group to examine
the risks associated with the operation of the Rancho facility and the transport of
products by rail and truck to the facility.The working group should include
representatives of the Los Angeles Fire Department,U.S.Geological Survey,
U.S.Environmental Protection Agency,research communities,local
organizations and PCAC.As stated above,as the Rancho facility is located
outside of the Harbor Department's jurisdiction on privately held property,
D-41
DATE:MAY 31,2012 PAGE50F 6
SUBJECT:STAFF RESPONSE TO PCAC RECOMMENDATION NO.110
establishing and organizing a working group to assess operations at the Rancho
facility would be beyond the Harbor Department's scope of authority.Therefore,
staff recommends denial of this element,as well as the entirety of PCAC
Recommendation No.110.However,Harbor Department staff could request that
another agency establish such a working group.
ENVIRONMENTAL ASSESSMENT:
The proposed action is denial of a PCAC -recommendation requesting that the Harbor
Department revoke Permit No.10-05 with Rancho,perform a risk assessment of the
Rancho facility and all hazardous commodities transported through the Port and nearby
communities and that the Board establish a working group to assist in examining the
risks associated with hazardous commodity transport operations.As an activity
involving rejection and disapproval of a project,the Director of Environmental
Management has determined the proposed action is exempt from the California
Environmental Quality Act (CEQA)in accordance with Article II,Section 20)of the Los
Angeles City CEQA Guidelines.
ECONOMIC BENEFITS:
This Board action will have no employment impact.
FINANCIAL IMPACT:
If Revocable Permit NO.1 0-05 is terminated,the Harbor Department will lose $14,244 in
compensation per year.
D-42
DATE:MAY 31,2012 PAGE 6 OF6
SUBJECT:STAFF RESPONSE TO PCAC RECOMMENDATION NO.110
CITY ATTORNEY:
The City Attorney's Office finds that the Harbor Department has contractual authority to
terminate RP No.10-05 pursuant to paragraph 3 of RP No.10-05.Termination of RP
No.10-05 would result in a loss of insurance,indemnification,and rents to the Harbor
Department that are provided under RP No.10-05.Moreover,termination of RP No.
10-05 would not terminate rail service to Rancho as such service would continue t6 be
provided by PHL pursuant to the San Pedro Bay Harbor Rail Operating Permit (Permit
No.1989).The City Attorney's Office has reviewed and analyzed the relevant legal
authorities and has found that the Harbor Department is not authorized to abandon or
discontinue the railroad spur track that is the subject of RP NO.1 0-05.Abandonment or
discontinuance of the railroad spur track that serves Rancho requires the approval of
the STB,which has exclusive jurisdiction over such matters.
TRANSMITTALS:
1.Rancho Facility Site Map
2.RP No.10-05
3.PCAC Recommendation No.110
-
THRYN McDERMOTT
eputy Executive Director
MtJJ~
r"""""-DAVID L.MATHEWSON
Director of Planning &Economic Development
GER~DINE KNATZ,Ph.D.
EXeC(iVe Director
Author.J.Ruddell
D-43
Rancho Facilit
Q
o
NATransmittal No.1 O._-=2::1:'illC5:i0.O__1.,O~~et
D-44
CITY OF LOS ANGELES HARBOR DEPARTMENT
Port of Los Angeles
REVOCABLE PERMIT
No.10-05
The General Manager of the Harbor Department (hereinafter called ~Exec;utive Direclor")of the City of Los Angeles
(hereinafter called ·Cily·)HEREBY GRANTS PERMISSION TO RANCHO LPG HOLDINGS,LLC,a Delaware limited
partnership,607 alh Avenue S.W.,Suite 1400,.Calgary.Alberta,Canada T2P OA7 (hereinafter called "Tenant")to occupy
and use certain lands,waters andlor facililies within'lh~Harbor Dislrid owned or under the conlrol of City acting through its
Board of Harbor Commissioners (hereinafter called "Boarer),subject to the following terms and conditions:
1.Premises.The premises su\Jjec(to this Agreement (hereinafter called ·premises")is designated as
Parcel No.1 and is delineated and more accurately des~ribed..on the preliminary Harbor Engineering Drawing No.5-4327.
A final drawing shall be substituted for Harbor Engineering Drawing No.5-4327 when prepared by the Chief Harbor
Engineer,Engineering Division.of the Harbor Oepartment.and shall be marked Exhibit "A-1:A copy of said drawing is
attached hereto as Exhibit "A."By mutual agreement of Executive Director and Tenant,land and water not exceeding ten
percent (100/0)of the area granted or 20,000 square feet.whichever is greater.may be permanently added to or deleted
from the premises granted herein without funher approval olthe Board subject to the following conditions:(1)so long as-
such change in area is not temporary within the meaning of Tariff Item 1035 (or its successor),the compensation set forth in
Section 4 shall be increased or decrease'd pro rata to reflect any such addition or deletion;(2)jf the change involves the
addition or deletion of any improvement,the adjustment to the compensation shall also take into account this change in the
"same manner in which the compensation was originally calculated;(3)if permanent changes in area are made on more Ihan
one occasion,the cumulative net change in "area may not exceed te"n percent (10%)or 20,000 square feet.whichever is
meater,of the originally de.signated area,and (4.)lhe change in area shall not result in the annual compensation changing
by more than One Hundred Thousand Dollars ($109,000). The Executive Director IS authorized to execute amendmeht(s)to
this Permit to effect the foregoin-g.adjuslments to area and compensation VJithout further action of the Board.
2.Purpose.The premises shall be used for the purpose of operation and maintenance of existing industrial
rail spur tracks and not for any other purpose without the prior written consent of Executive Director.
3.Effective and Termination Dates.This Rev.ocable Pennit shall be month·to-month,commencing upon the
date of execution by Executive Director and shall thereafter be revocable at any time by Tenant or by Executive Director.
upon the giving of at least thirty (30)days'written notice to the other party stating the date upon which this Permit shall
terminate.The right of Executive Director to revoke this Permit is and shaH remain unconditional.Neither City.nor any
board,officer or employee thereof,shall be liable in any manner to Tenant because of such revocation.
4.Compe"nsalion.
(a)Amount.Each month,in advance,Tenant shall pay to Board the sum of One Thousand One
Hundred Eighty-seven Dollars ($1,187.00)as rental for the use of the premises.Use of the premises for purposes
no!expressly permitted herein,whether approved in writing by Executive Director or not,may result in additional
charges,including charges required by Port of Los Angeles Tariff No.4,as amended Of superseded.Tenant
agrees to pay such additional charges.Executive Direclor may change the amount of rental required herein upon
giving at leasllhirty (30)days'written notice to Tenant.
(b)Delinquency Chame.Rental payments which have not been paid within ten (10)days of the
due date rgrace period")shall be subject to a service charge of one-thirtieth (1130)of two percent (2%)of the
invoice amount remaining unpaid each.day.The service charge shall accrue from the firsl day after the original
due date and shall be imposed even if all or a portion of any sum on deposit as a guarantee against delinquent
rent is applied to the amount due.For the administrative convenien~of both City and Tenant,City win not apply
Tenant's deposit,which is described below,to unpaid rent until Tenant's occupancy is terminated or a notice to
terminate the occupancy has been provided.The City has the unqualified right,upon thirty (30)days'prior notice
to Tenant,to change the level of the delinquency service charge provided the rate shall not exceed Ihe maximum
permitted by law.
(c)Deoosits.Prior to the issuance of this Permit.Tenant shall deposit with the Harbor Department
the sum of Two Thousand and Five Hundred Dollars (52.500.00)as a guarantee to cover delinquent rent and its
other obligations under this Permit.If the rent is thereafter changed,Tenant shall modify its deposit as necessary
to assure that Tenant at all times has on deposit a sum equal to two months of the current rental payments.If all
or any pan of said deposit is used to pay any rent due and unpaid or to meet other Tenant obligations,induding,
but not limited to,maintenance expenses.Tenant shall then immediately reimburse said deposit so that at all times
during the life of this Permit said deposit shall be maintained.Failure to maintain the full amount of said deposit
shall subject this Permit to forfeiture.In the sale discretion of the Executive Dlreclor,Tenant may post other fonns
of security but only if in a form acceptable to the City Attorney.,If for any reason City has not initially required a
deposit from Tenant,City may at any time and for any reason require a deposit In an amount the Executive
Transmittal NO.2
_.a.i£S
D-45
Page 2
Revocable Permit No.10-05
Director detennines necessary to secure performance of the Permit.Tenant agrees to post such deposit with City
within ten (10)days of written request from City and agrees thai its failure to do so constitutes a material breach of
this Permit.No interest is payable by City on deposits if the deposits are subseQuenlly refunded.
(d)No Right of Set-Off.Notwithstanding any other provision of this Permit,Tenant's obligation to
pay all rent payable hereunder shall be absolute and unconditional and shall not be affected by any circumstance,
induding,withoutlimilalion,any set-off,counterclaim.recoupment,defense or other right which Tenant may have
against City.
(e)Deoosits for Disputed Payments.Tenant recognizes thai disputes may arise over monies due
the City in accordance with this Permit.Tenant and City shall make a good faith effort to resolve any disputes as
expeditiously as possible.Tenant agrees,upon receiving a billing from City which It disputes,to deposit with the
City the disputed amount in the form of cash,certifiC3te of deposit in the City's name or other security acceptable
to City within thirty (3D)days of the date of billing.City shall hold the deposit pending the resolution of the dispute.
If the dispute is resolved in the City's favor.City shall retain the money and all interest earned on it.If the dispute
is resolved In favor of Tenant,said deposit shall be returned to Tenant with all accumulated Interest Tenant
understands that its failure 10 provide a deposit acceptable to City within thirty (30)days shall be considered a
material default of this Permit and City shall be entitled to cancel this Permit upon seven (7)days'written notice.If
Tenant is required under this Revocable Permit 10 pay City any sums in accordance with City's tariff,Tenant's
failure to provide a deposit shall require Tenant to make all payments in accordance with Item 265 of the Tariff and
Tenant shall be removed from the Credit Ust authorized by Item 260 of the Tariff or as amended or superseded.If
the billing for anyone disputed amounl exceeds One Hundred Thousand Dollars ($100,000).Tenant shall be
required to deposit One Hundred Thousand Dollars ($100,000)with City;if City prevails in the dispute and the
amount due City exceeds One Hundred Thousand Dollars ($100,000),Tenant shall pay the difference due within
fifteen (15)days with interest at Ihe rate set (orth in Section 4(b)from the date of City's initial billing to Tenant.
(f)Records and Accounts.All books,accounts and olher records showing the affairs of Tenant
with resped to its business transacted ai,upon or over the premises shall be maintained locally,and shall be
subject to examination,audit and transcription by Executive Director or any person designated by her;and in the
event it becomes necessary to make such examination,audit or transcription at any place other 1han within fifty
(50)miles of the premises,then all costs and expenses necessary,or incident to such examination,audit or
transcription shall be paid by Tenant.These records shall be retained during the term of this Permit so that the
records for the four (4)most recent years are available.After this Permit terminates,Tenant shall maintain the
records for the four (4)mosl recent years (or at least two (2)years.Upon request in writing by Executive Diredor
or his or her designated representative,Tenant shall furnish a statement of the exact location of all records and Ihe
name and telephone number of the custodian of these records.The statement shall be submiHed within fifteen
(15)days of Ihe request and shall contain such detail and cover such period of lime as may be specified in any
such request.From time 10 time Executive Director or designee shall audit Tenants'records and accounts.
Informatlon to be provided by Tenant will include,but not be limited 10,general ledgers,charts of accounts,
.subledgers including cash receipts journals,cash disbursement journals,and all original receipts and documents
which support the information provided to City.
(g)Promotion of Los Angeles Harbor Facililies.Tenant shall in good faith and with all reasonable
diligence use ils best efforts by suitable advertising and other means to promote the use of the premises granted
by this Permit.
(h)Supervision of Business Practices.The nature and manner of conducting any and all business
activities on the premises shall be subject to reasonable regulation by Board.In the event such business is not
conducted in a reasonable manner as determined by Board,it may direct that corrective action be taken by Tenant
or its sublessees to remedy such practices and upon failure to comply therewith within thirty (30)days of Tenant
receiving such wrillen nOlice,Board may declare this Permit terminated.
Pursuant 10 the provisions of the Los Angeles City Charter and of the tide and submerged land grant,
Tenant and its sublessees shall use the premises in such a manner so that there shall be no discrimination made,
authorized or permitted in the rates,lolls,or charges or in the facillties provided for any use or service in
connection therewith.
Tenant shall also conduct its business and cause Ihe businesses of its subJessees upon the premises (if
any have been expressly authorized by City in writing)10 be condUded in a first·c1ass manner.Tenant shall
furnish and maintain a standard of service at least equal to thai of the beUer class of similar businesses providing
similar services and facilities in the City of Los Angeles and adjacent communities during the entire term of this
Permit.
Board reserves the right 10 have access to and inspect lhe schedule of rales and prices for services and
facililies performed or provided upon the premises.In the event that after Tenanl has been advised and given a
D-46
Page 3
Revocable Permit No.10-05
reasonable opportunity to confer with Board and to justify any rate or price challenged by it as unreasonable or
noncompensatory,and Board has determined such rale or price to be unreasonable or inappropriate for the
services rendered or the facilities provided,such rates or prices shall be modified by Tenant as directed by Board.
5.Restoration Bond.Tenant shall provide a cash deposit,certificate of deposit in the name of the City,
surety bond.irrevocable letter of credit or other form Qf security In the name of the City and acceptable to Ihe Executive
Director and City Attorney in the amount of ($)payable to the City of
Los Angeles.to guarantee,UPO ~rmination.revocation or forfeilure of .Permit,the restoratiQn of premises and the
removal of works. structure 1oJ')ef improvements by Tenant as r . b this Permit Said deposit,or other form of
security bond,shall be .ceeplable to .and subject 10 the a .'the City Attorney.No inter;2 payable by
City on d~posils if t~~~~are s~.bseqUently refUnded:.If .iv Ir~ctor becomes aware of fa~.I()'~lead him .or
her to belle.ve thalJh~nClal condition of Tenant has S~b~rj,\l angeq such that Tenant~a~t~Ie to meet Ils
restoration ~'lorl,Executive Director may increas 'el~toratlon bone!or deposit r nt,and where no
restoration b~r deposit is initially required,Execu~r'OJ may require such a bond~p .If any property of any
kind is on the premises at the request or with the ~isslon of Tenant,its officers ,employees,sublessees,
licensees or invitees,including vessels,machinery or equipment,and such prope~n'any channel or water area
(hereafter ·sunken propert{)and Tenant fails to remove such property within ten (1oi\k{ys of a request by City to do so,
ExeOJtive Director may require a resloration deposit or bond in the amount of the reasonable cost of removal as determined
by Harbor Engineer.If Executive Director in his or her sole discretion delennines sunken property is a safely hazard and so
notifies Tenant,failure to remove the property may result in termination of this Permit upon three (3)days'notice.
6.Rights-of-Way.This Permit shall at all limes be subject to such rights-of-way over the land embraced
therein for such sewers,pipelines,conduits.and lor such telephone,telegraph,light.,heat.or power lines as may from time to
time be determined by Board;and shalt also be subject to rights-of·way for streets and other highways and for railroads and
other means of transportation as shall have been duly established,or as shall be reserved herein;and shall also be SUbject
to rights·of-way as Board requires to drill and explore new or maintain existing oil,gas or mineral wells.This Permit shall at
all times be subject to all prior exceptions,reservations,grants,easements.leases or licenses of any kind whatsoever as the
same appear of record in the Office of the Recorder of Los Angeles County,California,or in the official records of City or any
of its various departments.
7.Premises Satisfactory to TenanVReguired Modifications.Tenant has inspected the premises and agrees
Ihat they are suitable for the uses permitted herein.No officer or employee of City has made any representation or warranty
with respect to the premises,except as described in wriling and attached herelo as an addendum,and in entering into this
Revoc~ble Permit.Tenant agrees it relies only on the provisions of the Permit Any modification,improvement,or addition
to the premises and any equipment installation or removal required by the Fire Depanment,Depanment of Building and
Safety,South Coast Air Quality Management District,Regional Water Quality Control Board,U.S.Coast Guard.
Environmental Protection Agency,or any other agency il"l connection with Tenant's operations,shall be constructed.
installed.or removed at Tenant's sale expense.Tenant shall obtain a Harbor Engineer's General Permit before making any
modifications to the premises.
8.Use of Premises.Tenant agrees not to use the premises in any manner,even if the use is for the
purposes enumerated herein,that will cause cancellation of any insurance policy covering any such premises or adjacent
premises provided Tenant may in City's discretion remain if it pays the increase in City's insurance costs caused by its
operations.No offensive or refuse matter,or any subslance constituting any unnecessary,unreasonable or unlawful fire
hazard,or material detrimental to the public health.shall ever be permitted by Tenant to be or remain,and Tenant shall
prevent any such material or matter from being or accumulating uPOI"l said premises.Tenant further agrees not to keep on
the premises or permit 10 be kept,used,or sold thereon,anything prohibited by any policy of fire insurance covering the
premises or any structure erected thereon.
9.Repair and Maintenance.The repair and maintenance obligations of the parties are as follows (il
Tenant's premises do not include wharves.maintenance provisions related to wharves shall not apply):
(a)Maintenance Performed by City at City's Expense (Except as Noled).Except as provided in
subsections 9(c).9(d),9(g)and 9(h).City will maintain at its expense the roofs and exteriors of all buildings owned
by City and the structural integrity of wharf structures (if any)and buildings owned by City.The ~wharf structure·(if
any)for purposes of this subsection means the beams.girders.subsurface support slabs,bulkheads and
prestressed concrete or wood piling.joists,pile caps and timber decking (except as noted below),and any and·all
mooring dolphins.The wharl structure does not include the paving,Ihe surface condition of limber decking or the
fendering system.City will maintain and repair at its expense all fire protection sprinkler systems,fire hydrant
systems,standpipe systems,fire alarm systems,and other fire protective or extinguishing systems or appliances
(portable fire extinguishers and hoses excluded)which have been or may be installed in buildings or SlrUClures
City owns on the premises.City shall also perform at its expense all electrical substation and switchgear
preventive maintenance.
D-47
Page 4
Revocable Permit No.10-05
(b)Maintenance Performed by City at Tenant's Expense.Subject to the provisions of subsections
S(c),9(d),9(9)al)d 9(h),City shall maintain and repair at Tenant's expense the wharf fender system far wharves
owned by City,(in accordance with City's wharf damage procedures,a copy of which will be provided to Tenant
upon its request),refrigerated receptacle outlets,backflow devices and potable water systems and heating and air
conditioning systems.so long as City forces are available.If,however,Tenant fails to pay City in accordance with
City's wharf damage procedure (which contaIns depreciation criteria favorable to Tenant>,,then Gity reserves the
right to collect the a..etuaJ cost of repair based on actual depreciation factors .as estabfished by City in court.
(e)Maintenance Performed by Tenant at Its Expense.Tenant shall be responsible for performing
and paying for all maintenance and repairs nat·expressly collered .above.Tenant shall be responsible at its
expense for inspecting and assuring that all necessary portable fire extinguishers are present on the premises and
maintafned in an operable condition.Notwithstanding subsections (aJ ·and (b)above,all modifications or repairs to
the electril;~J~plymbing or mechani"csil SY$~ems resulting·from -call outs·(Tenant·requested repairs requested on
yie~~~!l~,holil;lays Qr ot~.r tha.n 7:45-4:15 MonQay-F~day Qr'such other times as Gijy'ac;jopts as its maintenance
foJ:Ce work hours)are at Te1"!ant's expense.Tenant shaU also be responsible at its 'expense for inspecting the
premises Clrld !teeping .the premises.pnduding,but not limited to,the surface of timber decking,all paving,
landscaping,irrigation -systef!ls,fencln.g •.sigQqge,and st[ipi.ng (if any.)aJ]d rela!11:ping]and~!l wor~s,structures and
imprQ.vements th;ere6f,whe~her a part of the premises or pl.a·ced b~Tenant,in a s~fe,cle.an,sanitary and sigh~y
condition.All maintenance performed by Tenant shall ;3Sl?Ur~1 the premises are maintjllned i"n a first-clpS5
operatin~cQndilion and in conforman.ce wj~h all applicable federal,state,regional,municipal and other laws and
regula nons.The appearance,~afety and operational capabi!ity of the premises !?paU ,be maintained to the
satisfacJfon of .the·g>cec_utiye D!rector.Tenant shalt .make all efforts necessary 'to immediately discover and guard
against any defects in all surfaces of timber decking,paying,buildings,structures and improvements.on the
premises -without"request from City.Tenant shall also completely mqintain at its expense all bundings.structures!
Improvements,timber decking surfaces and paving It erecls.owns.orin~talls.All modificatit:;lf'ls and.repairs which
Tenant makes to.Cily~owned or Tenant-owned buildings,structures,improvements,timber decking and paving
require a Harbor Department Engine'ering permit.Sample permits are available,upon request from the Harbor
Engineer.Tenanl agrees to strictly comply with all the terms and conditions of the Harbor Engineer's permit.
Tenant shall maintain in its offices at the premises at all times the Harbor Engineer's permit allowlng the work
performed and proof thai the work has been performed in accordance with aU terms and conditions of the permit.
Modifications and repairs shall be made in a firsl·class manner using materials of a kind and qualilY comparable to
the items being replaced (in-kind replacement shall be utilized if material still manufactured).Tenant is obligated at
its expense to take both such preventive and remedial maintenance actions as are ne'cessary to assure that
premises are at all times safe and suitable for use 'regardle$s of whether Tenant is itself actively using all of the
premises..Tenant shall provide notice to the Director of·Port Construction and-Mainlenance and Harbor Engineer
five (5)work days before any paving work is performed;provided,however·,Tenant shall immediately repair any
condition creating a risk of harm to any user of the premises.All materials used and quality of workmanship shall
be satisfactory to the Harbor Engineer.
(d)Tenant's Responsibilily for Damage.Notwithstanding the foregoing,if damage to the wharf
structure or any other building,structure,improvement or surface area is caused by the acts or failure to act of
Tenant,its officers.ag~nts,employees or its invitees,(including,but not limited to,customers of Tenant and
contractors retained by Tenant to perform work on the premises _.hereafter collectively "invilees"),Tenant shall be
responsible for all costs,direct or indirect,assodated with repairing the damage and the City shall have the option
of requiring Tenant to make the repairs or itself making the repairs.If City makes the repairs,Tenant agrees to
reimburse City for the City's cosl of repair.All damage shall be presumed to be the responsibility of Tenant and
Tenant agrees to be responsible for such damage unless Tenant can demonstrate to the satisfaction of City that
someone other than its officers,agents,employees.or invilee.s caused the damage.Tenant agrees 10 reimburse
City for the cost of repair to City's wharf for any damage to the wharf fesuUing from a collision between a vessel
and the wharf while docking or undocking unless Tenant demonstrates that such damage was caused by the sale
active negligence of City or demonstrates (hal such damage was caused by an invitee of some other Tenant 10
which the premises are also assigned.The sufficiency of proof presented by Tenant to City shall be determined by
City in its sole judgment.Tenant's obligations as a vessel owner or operator pursuant to City's Tariff Item 305 (or
its successor)or pursuant to any pilotage contract Tenant may have with City are not altered by the provisions of
this subsection.
(e)City's Option to Perform Work at Tenant's Expense.If Tenant faits to repair.maintain and keep
the premises and improvements as above required.Executive Director may give thirty (30)days'written notice to
Tenanllo correct such default,except that no notice shall be required where,in the opinion of Executive Director,
the failure creates a hazard to persons or property.If Tenant fails to cure such default within the time specified in
such nOlice.or if Executive Director determines that a hazard to persons or property exists due to such failure.
Executive Director may,but is not required to,enter upon the premises and cause such repair or maintenance (0
be made.and the cosls lhereof,including labor,materials,equipment and overhead cost,to be charged against
Tenant.Such charges shall be due and payable with the next renl payment.During all such times.the duty shall
be on Tenant to assure the premises are safe and Tenant shall erect barricades and warning signs to assure
D-48
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Revocable Pennit No.1~05
workers and the public are protected from any unsafe condition.None of City's remedies described above shall
preclude City from terminating this Permit if City is not salisfied with Tenant's compliance with the maintenance
provisions of this Permit.
(f)Inscection of Premises and Tenant Repairs.Tenant shall be responsible for inspecting the
premises (including aU surfaces of timber decking,paving,structures,buildings and improvements)and at all times
maintaining the premises in a safe condition.Executive Director andlor his or her representatives shall have the
right to enter upon the premises and improvements constructed by Tenant at all reasonable times for the purpose
of determining compliance with the terms and conditions of this Permit or for any other purpose incidental to the
rights of City.This right of inspection imposes no obligation upon City to make inspections nor liability for failure to
make such inspections.By reserving the right of inspection,City assumes no responsibility or liability for loss or
damages (0 the proper1y of Tenant or property under the conlrol at Tenant,whelher caused by fire.water or other
causes.City assumes no responsibility for any shortages of cargo handled by Tenanl If City requests drawings
and/or specifications showing the location and nature of repairs to be made or previously made by Tenant
(including by its invitees),Tenant agrees to provide to City the material requested in writing within ten (10)days of
request by City.
(9)City's Access to Maintain and Repair Premises.If City deems it necessary to maintain or repair
the premises,Tenanl shall cooperate fully with City to assure that the work can be performed timely and during
City's normal working hours.If City is required to perform any work outside its normal working hours.even work
which would otherwise be at City's expense.the entire cost of such work shall be at Tenant's expense.
(h)Maintenance/Repair Obligations Dependent on Indemnity/Insurance Provisions.City's
agreement to perform cer1ain repairs and to pay for certain repairs is expr~ssly conditioned on the indemnity and
insurance provisions of this Permit remaining in force and effect.If Tenant failS to comply with the indemnity and
insurance provisions or if these provisions are ever deemed nol applicable,then Tenant shall be obligated to
perform and pay for all maintenance and repairs to the premises without exception at Its own expense.Tenant
shall perform such maintenance and repairs only after it has secured the Harbor Engineer's General Permit.Such
work shall be deemed completed only when aU terms of the permit have been satisfied.If City inspects any work
performed by Tenant and finds it unsatisfactory,Tenant shall be obligated to correct the work to City's satisfaction
at Tenant's expense.
(i)Definition of City's Actual Cosls.Whenever this Section requires Tenant to reimburse City for
the City's cost of maintenance.the City's cost of maintenance is agreed to include all direct and indirect costs
which City incurs whether with its own forces or with any independent contractor.These costs indude salary and
all other costs City incurs from its employees ("salary burden"),all material and equipment costs and general
ovemead costs.
(j)Exhibit Listing More Common Maintenance Items.Attached as Exhibit -B"is a delailed
description of items which is intended to describe the more common maintenance work which may be necessary at
lhe premises.Not all items listed will be present at aU premises within the Port.Costs and responsibililies shall be
apportioned as set forth in this Exhibit except as may otherwise be required by the provisions above.
10.Defaults.Upon the neglect,failure or refusal of Tenant to comply with any of the terms or conditions of
this Permit within the time stated in the written demand of Executive Director,the Executive Director may declare this Permit
forfeited.and may forthwith enter upon said premises,using all reasonable force so to do,and exclude Tenant from further
use of said premises and all improvements thereon.Upon such forfeiture,Tenant shall immediately surrender all rights in
and 10 the premises and all improvements.Upon any such forfeiture,any and all buildings,structures and improvements of
any character whatsoever,erected,installed or made by Tenant under,through.or because of.or pursuant to the terms of
this Permit.or any prior permit,shall immediately ipso facto either become the property of City free and clear of any claim of
any kind or nalure of Tenant or its successors in interest without compensation to Tenant or become removable by
Executive Director at the sale expense of Tenant,at the option of Executive Director.In the event this Permit is forfeited as
set forth above,Executive Director may enforce all of City's rights and remedies under lhis Permit In addilion to any other
remedy available to City,City shall be·entitled to (ecover from Tenant rent as it becomes due pursuant to the terms of this
Permit and.in addition thereto,the damage that City may recover includes the worth at Ihe time of the award of the amount
by which the unpaid rent for the balance of the term of this Permit exceeds the amount of such rental loss for the same
period that Tenant proves could have been reasonably avoided.Any default in Tenant's obligations to make payments to
City under the terms of any berth assignment,lease.permit or other agreement,when such default involves the sum of Five
Hundred Dollars ($500.00)or more,shall constitute a material default on the part of Tenant with respect to this Permit.At
any lime Tenant has defaulled on payments due under other agreements with City,City may give Tenant a default notice
and this Permit may be forfeited if lhe default in rental payments of such other agreements,including,but not limited to,
ber1h assignments,leases and permits,IS not cured within the lime stated In said notice.
11.Effect of Nonuse.Tenant shall commence using the premises for the purposes permitted herein within
thirty (30)days from the effective date hereof.If Tenant shall faillhereafter to use the premises or any substantial portion
D-49
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Revocable Permit No.10-05
thereof for a period of thirty (30)consecutive days,this Permit shall cease and terminate and be forfeited unless.Tenant,
prior to the expiration of any such period of thirty (30)consecutive days,notifies Executive Director in writing that such
nonuse is temporary and obtains the written consent of Executive Director to such nonuse.
12.Restoration and Hazardous Materials Management.Upon the termination of this Permit other than by
forfeiture,Tenant shall quit and surrender possession of the premises to City and shall,without cost to City,remove any and
all works,structures and other improvements located Ihereon,except works,structures or other improvements owned by
City,and reslore the premises to the same or as good condition,ordinary wear and tear excepted,as the same were In at
the time of the first occupancy thereof by Tenant or its assignors,if any,under this or any prior permit or lease.-Ordinary
wear and tear"does not permit Tenant to damage paving or 10 contaminate the premises with any material handled at the
premises.Executive Direclor may,at his or her option,accept all or a portion of the works,structures,or other
improvements on behalf of City in lieu of all or a portion of the removal or restoration required herein.Tenant shall leave the
premises free from contamination of hazardous substance or n"azardous waste including hazardous liquid bulk produds and
petroleum products (hereinafter sometimes collectively referred to as ~hazardous materials")as defined below.Tenant shall
leave the surface of the ground in a level,graded condition with no excavations,holes.hollows.hills or humps.
13.Hazardous Malerials.Tenant may not handle,use,slore,lranspon,lransfer,receive or dispqse of,or
allow 10 remain on the premises (hereinafter collectively referred to as -handle")any substance ·c1assified as a hazardous
malerial under any federal,state.local law or ordinance (hereinafter somelimes collectively referred to In .Ihis Permit as
~laW')in such quantities as would require the reponing of such activity to any person or agency having jurisdiclion Ihereof
without first receiving wrillen permission of City.If Tenant has handled material on the premises classified by law as
hazardous (Tenant's attention is particularly called 10 the Resource Conservation and Recovery Act of 1967 rRCRA-).42
U.S.C.Sec.6901 et seq.;the Comprehensive Environmental Response,Compensation and Liability Act of 1980
("CERCLA-),as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"),42 U.S.C.Sec.9601,
et seq.;the Clean Water Act,33 U.S.C.Sec.1251 at seq,;the Clean Air Act.42 U,S.C.Sec.7901 et seq.;California Health
&Safety Code Sec.25300 et seq.and Sec.25100 et seq.;California Water Code Sec.13000 et seq.;Califomia
Administrative Code,Title 22.Division 4,Chapter 30,Article 4;Title 49 CFR 172.101;Titre 40 CFR Part 302 and any
amendments to these provisions or successor provisionsl and such material has contaminated or threatens to contaminate
the premises or adjacenl premises (including Slructures,harbor waters,soil or groundwater),Tenant,to the extent obligated
by law and to the extent necessary to satisfy City,shall at lis own expense perform soil and groundwater lests to determine
the extent of such contamination,and shall immediately remediate from the premises any such material.If in the
delerminalion of the Executive Director such hazardous material cannol be remediated on site to the satisfaction of City.
Tenant shall remove and properly dispose of aU contaminated soil.material or groundwater and replace such soil or material
with clean soil or material suitable 10 City.
If during Tenant's occupancy hazardous materials are discovered on lhe premises or such materials
have migrated to or threaten 10 contaminate adjacent premises (inclUding structures,harbor waters,sailor groundwater),
Tenant shall immediately notify the City,and Tenant,at its sale expense,shall perform such soil and groundwater lesting as
required by law and as City deems necessary and take immediate steps to remediate the premises to the satisfaction of
City.
It Tenant disposes of any soil,material or groundwater contaminated with hazardous material,Tenant
shall provide City copies of all records,including a copy of each uniform hazardous waste manifest indicating the quantity
and type of material being disposed of.the method of lransportation of the malerial to Ihe disposal site and the location of
the disposal s~e.The name of the City of Los Angeles shall not appear on any manifest document as a generator of such
matenal.
Any tests required of Tenant by this Sedion shall be performed by a State of California Department of
Health Services certified testing laboratory satisfactory 10 City.By signing this Permit,Tenant hereby irrevocably direds any
such laboratory to provide City,upon wrillen request from City.copies of all of its reports,test results,and dala gathered.
As used in this Permit,the term -Tenant"includes agents,employees,contractors.subcontractors,and/or invitees of the
Tenant.
14.Rent During Restoration.Tenant understands and agrees it is responsible for complete resloration of the
premises,including the clean up of any hazardous material contamination on or arising from the premises before the
expiration or earlier lermination of this Permil.If.for any reason,such restoration is not completed before such expiration.
then Tenant is obligated 10 pay City compensafion during such restoration as determined by the then fair market value afthe
land and the Harbor Department's then established rate of return;however,the new rent shall not be less than provided in
Section 4.Tenant also agrees 10 provide City a surety bond to assure removal of hazardous material from the premises if
at any time City demands such bond.Tenant's breach of any of the provisions of Ihis Section shall entitle City to forfeit this
Permit.
15.Site Restoration Plan.Upon request of Executive Director.Tenant shall provide City a site
characterization study and site restoration plan in a form acceplable to City and at Tenant's expense as directed by City.
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Revocable Permit No.10·05
The study and plan shall demonstrate to City's satisfaction that the premises have not been contaminated or that,jf
contamination exists,Tenant will remove it to the satisfaction of CiJy.
16.Tanks.Within thirty (30)days from the commencement of the term of this Permit.Tenant,at its expense.
shaH submit to City an inventory of ali storage tanks located on the premises indicating the number of tanks,type
(atmospheric,etc.),contents,capacity,past historical use,location and the .date each tank was last tested for structural
integrity and leqk~.Tenant shall also,at its sole expense,when required by law or when qeemed necessary by the
ExecutivE!Diredor or his or her d~i.gnee.lest all storag~tanks IQcaled on the premises (or structural integrity and leaks.
Upon written request,Tenant-shall make availa~le.to City the reslJlts of all such ~ts.Testing required herein sha.l.1 be .to ~he
satisfactioo Qf City and in conformance with appHcal;l.le (ederal,stat~o.r local laws,n,ll~~,regl!lations or ordinqnces as these
provisions presently e)Clst,or as ",they may be amended or enacted.If during Tenant's occ~pancy of ~he pr(!rni~es a tank or
the pipelines,servjcin~a tank containing hazardous material 8(e discovered to be leaki'ng,Tenant shall immediately notify
the Gity and take all steps necessa.ry to repair the tank and/or pipelines 'and clean up the·~ontamjnated area to the
satisfaction of City and in accordance.with all applicable taw.
17.Use.for Tideland Purooses.This Pennit is subject to the limitations,conditions,restrictions and
reservations of the Tidelands Act.Stats.1929,Ch.651,as amended and/or reenacted,and the Charter of City relating to
such lands;including particularly Artlde VI.Tenant agrees to use the premises only In.such manner as will be consistent
therewith.
lB.Federal Maritime Commission.Tenant shall not use the premises or furnish any facilities or services
thereon for or in conneclion Wi~h a c;ommon carrier by Wo;lter as I~al.term is defined.in Ine Shippin.9 Act of 1916 and 1984,as
amended,unless and untillhis Permit has been submitled·tQ the Federal Maritime Commission and has become effective or
determined not·lo be subject.10 said Acts ..
19.Improvements.Tenant shall not construct on or 'aller the premise~,including a change.in lhe:grade,
without first submitling to Harbor Ef\gineer .a complete set oJ drawings,plans and specifications of the proposed construction
or alteration and obtaining his approval in a Wollen Harbor Engineer's General Pen:nit,Harbor Engineer shall have the right
to reject or order changes in said drawings,plans and specifications.Tenant,at its own expen~e.shall obtain aU permits
necessary for such construction.All construction by Tenant Aursuant 10 this Permit shall be.al Tenant's sole expense.
Tenant shall keep the premises free and clear of liens for labor and materials and shall hold City harmless from any
responsibility in respect thereto.
20.Construction.Tenant shall give written nolice to Harbor Engineer,in advance,of Ihe date it will
commence any construction.Immedialel.y upon the completion of the construction,Tenant shall nolify Harbor Engineer of
the dale of SUch completion and shall,within thirty (30)days after such completion,file with Harb'or Engineer,in a form
acceptable to Harbor Engineer,a set of Mas builr plans for sl,lch construction.
21.Indemnity.As partial consideration for City's grant ,of the premises to Tenan!,Tenant agrees to at all
times relieve,indemnify,protect and save harmless Cily and any and all of its boards,officers,agents and employees from
any and all claims and dem~nds,actions,proceedings,!os~es,liens,costs and judgments,of any kind and nalure
whatsoever,including ~xpenses incurred in pefending against legal a.ctjons.for death of or injury fa persons or damage to
property including property owned by or ul1der the care and custody of Cily,and for civil fines and penalties,that may arise
from or be caused direclly or indiredly by:
(a)Any dangerous,hazardous,unsafe or defective condition.of,in or on the premises,of any
nature whalsoever,which may exist by reaSOn of any act,omission,neglect,or any use or occupation of the
premises by Tenant,its officers.agents,employees,sublessees,licensees or invitees:
(b)Any operation conducted upon or any use or occupation of the premises by Tenan!.its officers,
agents,employees.sublessees.licensees or invitees under or pursuant to the provisions of this Permit or
otherwise;
(c)Any act.omission or negligence of Tenant.its officers,agents,employees,sublessees,
licensees or invitees,regardless of whether any act.omission or negligence of City,its officers,agents or
employees contribuled thereto:
(d)Any failure of Tenant.its officers,agents or employees to comply with any of the terms or
conditions of this Permit or any applicable federal,state,regional,or municipal law.ordinance,rule or regUlation;or
(e)The conditions.operations,uses,occupations,acts,omissions or negligence referred to in
subdivisions (a), (b),(c)and (d)above,existing or conducted upon or arising from the use or occupation by Tenant
or its invitees of any other premises within the Harbor District.as defined in the Charter of City.
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Revocable Permit No.10-05
Tenant also agrees to indemnitY City and pay for all damage or loss suffered by City and the Harbor Department,induding,
but not limited to.damage 10 or loss of property,to the extent not insured by City,and loss of City revenue from any source,
caused by or arising out of the conditions,operations,uses,occupations,acts,omissions or negligence referred to in
sUbdivisions (a),(b),(e),(d)and (e)above.The term ~persons'as used herein shall include.but not be limited to.officers
and employees ot Tenant.Tenant acknowledges that the City has sel the compensation payable under this Permit in
considerallon of the indemnity and insurance obligations which Tenant assumes by this Permit.
Tenant shall also indemnify,defend and hold City hannless from any and all claims,jUdgments,
damages,penalties,fines,costs,liabilities or losses (including,without limitation.diminution of value of the premises,
damages for loss or restriction on use of rentable or useable space or of any amenity of the premises,damages arising from
any adverse impact on marketing of space.and sums paid in settlement of claims,attorneys'fees,consultant fees and
expert fees)which arise during or atter the Permit term as a result of conlamination of the premises by hazardous materials
for which Tenant is otherwise responsible for·under the terms 1:Jf lhis Permit This indemnification of City by Tenant includes,
without limitation,costs incurred in connection with any investigation of site conditions or any clean·up,remedial,removal or
restoration work required by any federal,state or local govemmenlal agency because of hazardous material present in the
sailor groundwater on or under the premises.The foregoing indemnity shall survive the expiration or earlier termination of
this Permit.
22.Insurance.Tenant shall procure and maintain at its expense and keep in force at all times during the
term of this Permit broad form comprehensive general liability and property damage insurance including automobile and
contractual liability assumed coverages written by an insurance company authorized to do business in lhe Slate of Califomia
rated VII,A-or better in Besl's Insurance Guide (or an alternate guide acceptable 10 City if a Best's Rating is not available)
with Tenant's normal limits of Ilability but nolless than One Million Dollars (S1,000,000)combIned single limit for injury,
death or property damage arising out of each accident or occurrence unless Executive Director allows or requires a different
limit of liability.If the submitted policy contains an aggregate limit,this limit must be satisfactory to Executive Director or his
or her designee.Said limits shall be without deduction,provided that Executive Director or his or her designee may permit a
deductible amount in those cases where,in his or her jUdgment,such a deductible is justified.The insurance provided shall
conlain a severability of interest clause assuring that damage 10 City property or injury to City personnel are covered by the
insurance.In all cases,regardless of any deductible,said insurance shall contain a defense of suits provision which
assures the carrier will defend the City if any suit arises related to Tenant's occupation of the premises or such suit is within
the scope of Tenant's indemnity allegation as set forth in Section 21.If Tenant operates watercraft or incurs other marine
liability exposures or operates vehicles as part of its business in the Port,liability coverage for such watercraft or vehicles
must be provided as above.The submitted policy shall contain endorsements substantially as follows:
(a)-Notwithstanding any inconsistent statement in the policy to which this endorsement is
allached.or any endorsement or certificate now or hereafter attached hereto,it i~agreed that the City of Los
Angeles,its Board of Harbor Commissioners,their office~,agents and employees,are additional insureds
hereunder,and that coverage is provided for aU operations,uses.occupations,acts and activities of the insured
under its revocable permit issued by the City,and under any amendments,modifications,extensions or renewals
thereof regardless of whether such operations.uses,occupations.acts and activities occur on the premises or
elsewhere within the Harbor District,and regardless ot whether liability is at1ributable to the named insured or a
combination of the named insured and the additional insured.It is understood that the additional insured will not
be responsible for the payment of premium under the policy;
(b)-The policy to Which this endorsement is attached shall not be cancelled or reduced in coverage
until after the Executive Director and the City Attorney of City have each been given thirty (30)days'prior written
notice by certified mail addressed to P.O.Box 151.San Pedro,California 90733-0151:
(c)-The coverage provided by the policy to which this endorsement is attached is primary
coverage and any olher insurance carried by City is excess of this insurance and shall not contribute with it;
(d)-If one of the named insureds incurs liability to any other of the named insureds.this policy shall
provide protection for each named insured against whom claim is or may be made,including claims by other
named insureds,in the same manner as if separate policies had been issued to each named insured.Nothing
contained herein shall operate to increase the company's limit of liability;and
(e)MNotice of occurrences or claims under the policy shall be made 10 IThis information is 10 be
supplied by the Tenant's insurance carrier when submilling the Endorsement to the Harbor Department.The
information to be supplied is the name,address and phone number of the person representing the carrier to be
notified althe lime of any accident.f
The Executive Director and City Attorney shall have the discretion to modify the insurance requirements as they deem
appropriate if the circumstances warrant a mOdification.
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Revocable Permit No.10·05
23.Fire Leasl Liability Insurance.Tenant shall also secure and maintain,either by an endorsement thereto
or by a separate policy.fire legal liability insurance covering legal liability of Tenant for damage or destruction to the works.
structures and improvements owned by City.This policy shall be in an amount sufficient to cover the replacement value of
the City structure occupied by Tenant but need not exceed the value of the deductible in the City's fire insurance policy
provided.that upon thirty (30)days'prior written notice to Tenant.said minimum limits of liability shall be subject to
adjustment by Executive Director to conform with the deductible amount of the fire insurance policy maintained by Board.
Currently this deductible is Two Hundred Fifty Thousand Dollars ($250,000).80 long as City's insurance policy permits City
to waive any cause of action it and the City's insurance carrier would otherwise have for a fire caused by Tenant,City
agrees to such waiver provided Tenant provides the insurance required by this Section.City should not be named as an
additional insured in Tenant's fire legal policy.
24.Duolicate Insurance Policies. Tenant shall furnish two (2)signed copies of each policy or cenificate
required herein for approval by the Risk Manager of City.
25.Modifications to Insurance.Executive Director,based upon advice of independent insurance consultants
of City,may increase or decrease the amounts and types of insurance coverage required herein by this Permit by giving
sixty (60)days'written notice to Tenant.
26.Assignments/Subleases.No assignment,sublease,transfer,gift,hypothecation or grant of control,or
other encumbrance of this Permit,or any interest therein or any right or privilege thereunder,whether voluntary or by
operation of law,shall be valid for any purpose.For purposes of this subsection.the term -by operation of law~includes:
(a)The placement of all or substantially all of Tenant's assets in the hands of a receiver or trustee:
(b)An assignment by Tenant for the benefit of creditors.
27.Transfer of Stock.If Tenant is a corporation and more than ten percent (10%)of the outstanding shares
of capital stock of Tenant is traded during any calendar year after filing its application for this Permit,Tenant shall notify
Executive Director in writing within ten (10)days after the transfer date:provided,however,that this provision shall have no
application in the event the stock of Tenant is listed on either the American Stock Exchange,the New York Stock Exchange,
or the NYSE Area Options.If more than twenty-five percent (25 11/11)of the Tenant's stock is transferred,regardless of
whether Tenant is a publicly or privately held entity,such transfer shall be deemed an assignment within Ihe meaning of the
preceding paragraph.Any such transfer shall void this Permit.Such a transfer is agreed to be a breach of this Permit which
shall entitle City to evict Tenant on at least seven (7)days'notice.
28.Sians.Tenant shall not erect or display,or permit to be erected or displayed,on the premises any signs
or advertising matter of any kind without first obtaining the written consent of Executive Director.Tenant shall post,erect
and maintain on the premises such signs as Executive Director may direc\.
29.Termination for Misrepresentations. This Permit is granted pursuant to an application filed by Tenant
with Board.If the application or any of the attachments thereto contain any misstatement of fact which,in the judgment of
Executive Director.affected his or her decision to grant said Permit,Executive Director may terminate this Permit.
Termination pursuant to this Section shall not be termination by forfeiture.
3D.Laws and Directives.Tenant shall comply with all applicable laws,ordinances and regUlations.In
addition,Tenant shall comply immediately with any and all directives issued by Executive Director or his or her authorized
representative under authority of any such law,ordinance or regulation.This Permit shall be construed in accordance with
California law.
31.Possessory Interest.THIS PERMIT MAY CREATE A POSSESSORY INTEREST BY TENANT WHICH
MAY BE SUBJECT TO PROPERTY TAXATION.TENANT SHALL PAY ALL SUCH TAXES SO ASSESSED.AND ALL
OTHER ASSESSMENTS OF WHATEVER CHARACTER LEVIED UPON ANY INTEREST CREATED BY THIS PERMIT.
TENANT SHALL ALSO PAY ALL LICENSE AND PERMIT FEES REQUIRED FOR THE CONDUCT OF ITS OPERATIONS.
32.Utility Charges.Unless otherwise provided for herein,Tenant shall pay all charges for services furnished
to the premises or used in connection With Hs occupancy.including,but not limited to,heat.gas,power,telephone,water,
light and janitorial services,and pay all deposits,connection fees,charges and meter rentals required by the supplier of any
such service,including City.
33.Termination by Court.If any court having jurisdiction in the matter renders a final decision which
prevents the performance by City of any of its obligations under this Permit,then either party hereto may terminate this
Permit by written notice,and all rights and obligations hereunder (with the exception of any undischarged rights and
obligations)shall thereupon terminate.
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Revocable Permit No.10-05
34.Conflict of Interest.It is undersload and agreed that the parties to this Permit have read and are aware of
the provisions of Section 1090 et seq.and Section 87100 el seq.of the Government Code relating to connict of interest of
public officers and employees,as well as the Connie!of Inlerest Code of the Harbor Department.All parties hereto agree
that they are unaware of any financial or economic interest of any public officer or employee of City relating to this Permit.
Notwithstanding any other provision of this Permit.it is further understood and agreed thai if such a financial interest does
exist al the inception of this Permit,City may immediately terminate this Permit by giving written notice thereof.Termination
pursuant to this Seclion shall nol be termination by forfeiture.
35.Service of Notice.In all cases where written nolice induding the service of legal pleadings isla be given
under this Permit,service shall be deemed sufficient if said notice is deposited in the United States mall,postage prepaid or
delivered to the Permit premises.When so given,such notice shall be effective from the date of mailing.Unless changed
by nolice in writing from the respective parties,notice to City shall be addressed to Executive Director,Los Angeles Harbor
Department,P.O.Box 151,San Pedro,California 90733-0151:"and notice to Tenant shall be addressed to it at the address
stated in the preamble or al such address designated by Tenant in writing.Nothing herein contained shall preclude or
render inoperative service of such notice in the manner provided by law.All nolice periods under this Permit refer to
calendar days unless otheryJise specifically stated .
.,36.No Waivers.No waiver by either party at any time of any terms or conditions of this Pennit shall be a
waiver at any subsequent time of the same or any other term or condition.The acceptance of late rent by Board shall not be
deemed a waiver of any other breach by Tenant of any term or condition of this Permit other than the fallure of Tenant to
timely make the particular rent payment so accepled.
37.Immediale Access to Repair/Maintain Premises.Tenant is aware Ihal the City Department of Water &
Power or Harbor Department maintensQce personnel may need to service or repair facilities on the premises.If such repair
is necessary,Tenant agrees to relocate,at its expense,all of its cargo.equipment or personal property to provide
Department of Water &Power or Harbor Department personnel adequate access.Tenant agrees to complete such
relocation within six (6)hours of receiving notice from City.Tenant agrees neither Department of Water &Power nor City
shall be responsible for any los~Tenant may suffer as a result of such maintenance or repair.
36.Time of the Essence.Time is of the essence in this Permit
39.Nondiscrimination and Affirmative Action Provisions.Tenant agrees not to discriminate in its employment
practices against any employee or applicant for employment because of employee's or applicant's race,religion,ancestry,
national origin,sex,sexual orientation,age,disabilily,marital status,domestic partner status or medical condilion.All
subcontracts awarded under or pursuant to this Permil shall contain this provision.
The applicable provisio!1s of Section 10.6 et seq.of the Los Angeles Administrative Code are set forth in
the attached Exhibit "c"and are incorporated herein by this reference.
40.Minority Women and Other Business Enterprise (MBElWBE/OBEl OutreaCh Program.Il is the policy of
the City to provide minority business enterprises (MBEs),women's business enterprises (WBEs),and all olher business
enterprises (OBEs)an equal opportunity to participate in the performance of all City contracts in all areas where such
contracts afford such participation opportunities.The Tenant or Consultant shall assist the City in implementing this policy
and shall use its best efforts .to aHord the opportunity for MBEs,WBEs.and OBEs to achieve participation in subcontracts
where such participation opportunities present themselves and attempt to ensure thai all available business enterprises,
including MBEs,WBEs.and OBEs,have an equal opportunity to compete for and participate in any such participation
opportunity which might be presented under this Permit.
41.Wilmington Truck Route.11 is recognized by both parties that Tenant does not directly control the trucks
selVing the terminal.However,Tenant will make its best eHort to notify truck drivers,truck brokers and trucking companies.
that trucks serving the lerminal must confine their route to the designated Wilmington Truck Route of Alameda Street and
Harry Bridges Boulevard;Figueroa Street from Harry Bridges Boulevard 10 "C~Street;and Anaheim Street easl of Alameda
Street.A copy of the Wilmington Truck Route is attached herelo and marked Exhibit "D,~which may be modified from lime
10 time al the sore discretion of the Executive Director with wrillen notice 10 Tenant.
42.Paragraph Headings.Paragraph headings used in the Permit are merely descriptive and not intended to
alter the terms and conditions of Ihe paragraphs.
43.Prior Permits.This Revocable Permit shall supersede Revocable Pennit No.1212.From and after the
effective date of this Revocable Permit,said permit shall have no further force or effect excep~to the extent either party has
accrued any rights or obligations under said permit.
44.Business Tax Registration Certificate.The City of Los Angeles Office of Finance requires the
implementation and enforcement of los Angeles Municipal Code Section 21.09 et seq.This section provides that every
person.other than a municipal employee,who engages in business within the City of los Angeles,is required to obtain the
D-54
Page 11
Revocable Permit No.10-05
neCeSSBrj Business Tax Registration Certificate and pay business taxes.The City Controller has determined that this Code
Section applies to consulting firms that are doing work forthe Los Angeles Harbor Department.
45.Additions.There is attached to this Permit an addendum,consisting of numbered Sections 47-52,
inclusive,the provisions of which are made a part of this Permit as though set forth herein in full.
46.
it is so marked.
DATED:
Deletions.Section five (5)is deleted and is not to be considered as constituting a part of this Permit,and
CITY OF LOS ANGELES.
HARBOR DEPARTMENT.
(SEAL)APPROVED:
BOARD OF HARBOR COMMISSIONERS
Secretary
The undersigned Tenant hereby accepts the foregoing Permit and agrees to abide and be bound by and to
observe each and every of the terms and conditions thereof,including those set forth in the addendum,if any,and excluding
those marked as being deleted.
DATED:~--Lj__'J"-+1-c1\~
(SEAL)
APPROVED AS TO FORM
{i//5-.20fL
CARMEN A.TRUTAICH.City AlIarney
By:110fi!t:ttIJ)e 7.g,;;:.
HEATHER M.McCLOSKEY.Deputy f.
HMM:aw
6/17/10
RANCHO LPG HOLDINGS,LLC
,I .(\~f1~""'·1.'Ip'''--'--'~"'--"I"';-r-K.
By;.iT bE":HlPCe.:Y O,eY(ils5 ~~
Vice Preolaelll ~
Type/Print Name and Tille af?~i.f.
Allesl ~atiur,·~~
Assistant Secretary
Type/Prinl Name and Title
=_a _0 £1 %.J
D-55
,;
ADDENDUM TO REVOCABLE PERMIT NO.10-05
47.Service Contractor Worker Retention Policy and Living Wage Policy
Requirements.The Board of Harbor Commissioners of the City of Los Angeles adopted
Resolution No.5771 on January 3,1999,agreeing to adopt the provisions of Los
Angeles City Ordinance No.171004 relating to Service Contractor Worker Retention
(SCWR),Section 10.36 et seq.of the Los Angeles Administrative Code,as the policy of
the Harbor Department.Further,Charter Section 378 requires compliance with the
City's Living Wage requirements as set forth by ordinance,Section 10.37 et seq.of the
Los Angeles Administrative Code.Tenant shall comply with the policy wherever
applicable.Violation of this provision,where applicable,shall entitle the City to
terminate this Permit and otherwise pursue legal remedies that may be available.
48.Wage and Earnings Assignment Orders/Notices of Assignments.The
Tenant is obligated to fully comply with all applicable state and federal employment
reporting requirements for the Tenant and/or its employees.
The Tenant shall certify that the principal owner(s)are in compliance with any
Wage and Earnings Assignment Orders and Notices of Assignments applicable to them
personally.The Tenant will fully comply with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignments in accordance with California Family
Code §§5230 et seq.The Tenant will maintain such compliance throughout the term of
this Permit.
49.Equal Benefits Policy.The Board of Harbor Commissioners of the City of
Los Angeles adopted Resolution No.6328 on January 12,2005,agreeing to adopt the
provisions of Los Angeles City Ordinance No.172,908,as amended,relating to Equal
Benefits,Section 10.8.2.1 et seq.of the Los Angeles Administrative Code,as a policy of
the Harbor Department.Tenant shall comply with the policy wherever applicable.
Violation of the policy shall entitle the City to temninate any agreement with Tenant and
pursue any and all other legal remedies that may be available.See Exhibit "E."
50.State Tidelands Grants.This Permit is entered into in furtherance of and
as a benefit to the State Tidelands Grant and the trust created thereby.Therefore,this
Pemnit is at all times subject to the limitations,conditions,restrictions and reservations
contained in and prescribed by the Act of the Legislature 'of the State of California
entitled "An Act Granting to the City of Los Angeles the Tidelands and Submerged
Lands of the State Within the Boundaries of Said City,"approved June 3,1929,(Stats.
1929,Ch.651),as amended,and provisions of Article VI of the Charter of the City of
Los Angeles relating to such lands.Tenant agrees that any interpretation of this Permit
and the temns contained herein must be consistent with such limitations,conditions,
restrictions and reservations.
D-56
51.Workers'Compensation.Tenant shall secure the payment of
compensation to employees injured while performing work or labor necessary for and
incidental to performance under this Permit in accordance with Section 3700 of the
Labor Code of the State of California.Tenant shall file with the City one of the following:
1)a certificate of consent to self-insure issued by the Director of Industrial Relations,
State of California;2)a certificate of Workers'Compensation insurance issued by an
admitted carrier;or 3)an exact copy or duplicate thereof of the policy certified by the
Director or the insurer.Such documents shall be filed prior to delivery of premises.
Where Tenant has employees who are covered by the United States Longshore and
Harbor Workers'Compensation Act,Tenant shall furnish proof of such coverage to the
City.It is suggested that Tenant consult its insurance agent to determine whether its
proposed construction methods will render its employees subject to coverage under the
Act.All Workers'Compensation insurance submitted to City shall include an
endorsement providing that any carrier paying benefits agrees to waive any right of
subrogation it may have against the City.
52.Railroad Protective Liability Insurance
The Contractor shall also provide a policy of Railroad Protective Liability
Insurance in which Pacific Harbor Line (PHL)acting for itself and its railroad users are
named insureds and the City of Los Angles,its boards,officers,agents and employees
are included as additional insureds with Contractor.The minimum limits of Railroad
Protective Liability Insurance shall be the limits normally carried by the Contractor but
not less than Two Million Dollars ($2,000,000)combined single limit for property
damage and bodily injury including death.If the submitted policies contain aggregate
limits the Contractor shall prOVide evidence of insurance protection for such limits so
that the required coverage is not diminished in the event that the aggregate limits
become exhausted.Said limit shall be without deduction,provided that the Executive
Director or designee may permit a deductible amount when it is justified by the financial
capacity of Contractor.Any deductible amount permitted by the Executive Director shall
be paid solely by Contractor.
Contractor's comprehensive general liability coverage shall also have the railroad
exclusion deleted.
D-57
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EXHIBiT A
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-D-58
MARINE TERMINAL MAINTENANCE PROVISIONS
FOR ALL LEASE AGREEMENTS
I.Structural Maintenance &Repair Performed by City at City's Expense-Within Lease Area
1.Roofs
2.Exteriors of structures,including exterior painting
3.Wharf structure (as defined)
4.Wharf bulkheads
5.Rock slopes
6.Maintenance dredging
7.Replacement of deteriorated electrical conduit and pipeline system
8.High and fow voltage systems.including switchgear and crane power trench
9,Fire protection sprinkler systems,fire hydrant systems.standpipe systems.fire alarm systems
II.Maintenance &Reoair Performed by City al Tenant's Expense Within Lease Area
1.Fender system repair (wharf damage procedure)
2.Refrigerated receptacle outlet (reefer)maintenance
3.Backflow devices and potable water systems
4.HVAC servicing and repair
III.Operational Maintenance &Repair to be Performed by the Tenant.Port Will Perform if Forces Available by
Accommodation Work Order Within Leased Area at Tenant's Expense.Tenant,However,Remains Responsible for
Sufficiency at All Work.
This portion of the Exhibit describes the maintenance and repair of items commonly found on terminal premises granted
to Tenants.Not all items listed below may be present on all terminal premises.This list is only illustrative of the items
which Tenant must maintain.
1.All landscaping,including irrigation systems
2.Daily Janitorial service"·
3.Relamping of terminal wharf and backland light standards"
4.Interior painting
5 Elevator and escalator maintenance"
6.Clarifier maintenance &servicing'--
7.All toxic waste removal·"
8.Storm drain inlet maintenance and cleaning
9.Cleaning clogged drains,including loileUurinal stoppages
10.Pneumatic tube system maintenance"
11.Emergency generator unit maintenance"
12.Mooring capstans
13.Mechanical ramps and loading dock boards
,4.Passenger gantries",baggage systems '.,conveyor systems"
15.Replacement of all light bulbs
16.Traffic and backland area striping (requires permit &approval by Harbor Engineer)
17.Weigh scales'·
18.Wheel stop maintenance
19.Fence and gate maintenance
20.Rolling and sliding door maintenance
21.Window,door glass replacement
22.Carpet.tile,and vinyl noor replacements
23.All mechanical,electrical,hydraulic and air equipment and devices used by Tenant to maintain Tenant-owned
machinery and equipment
211.Gate house equipment,including gate arms and mechanical/electrical equipment therein
25.Recharging and servicing of fire extinguishers
25.Surface paving,wharf and back land (as defined in Permit)
27.All underground and above ground tank.s,pipelines and appurtenances unless the Permit specifically otherwise
provides
To be maintained at Tenant's expense.if damaged by Tenant
To be maintained to Port's standards and subject to periodic audits and inspection by the Port of Los Angeles
At no time does Port provide or perform
IV.City May,But is Not Obligated 10,Maintain or Repair Items Tenant Fails to Maintain or Repair at
Tenant's Eo<x"p"'e"'n"'s"e _
EXHIBIT B
D-59
AFFIRMATIVE ACTION PROGRAM PROVISIONS
Sec.10.8.4 Affirmative Action Program Provisions.
Every non-construction contract with or on behalf of the City of Los Angeles for which the
consideration is $1.00,000 or more and e)/ery construction contract with or on behalf of the
City of Los Angeles for whichfhe consideration is $5,000 or more shall contain the
following provisions which shall be designated as the AFFIRMATIVE ACTION PROGRAM
provisions of such contract:
A.During the performance of City contract,the contractor certifies and represents that
the contractor and each subcontractor hereunder will adhere to an Clffirmative action
program to ensure that in its employment practices,persons are employed and
employees are treated equally and without regard to or beciluse of race,religion;
ancestry,national origin,sex,sexuai ortentat.ion,age,disability,marital status,
domestic partner status,Qr medical conditiQn.
1.This provision applies to work or services performed or materials
manufactured or assembled in the United States.
2.Nothing in this section shall require or prohibit the establishment of new
classifications of employees in any given craft,work or service category.
3.The contractor shall post a copy of Paragraph A hereof in conspicuous
places at its place of business available to employees and applicants for
employment.
B.The contractor will,in all solicitations or advertisements for employees placed by or
on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to their race,religion,ancestry,
national origin,sex,sexual orientation,age,disability,marital status,domestic
partner status,or medical condition.
C.As part of the City's supplier registration process,and/or at the request of the
awarding authority or the Office of Contract Compliance,the contractor shall certify
on an electronic or hard copy form to be supplied,that the contractor has not
discriminated in the performance of City contracts against any employee or
applicant for employment on the basis or because of race,religion,ancestry,
national origin,sex,sexual orientation,age,disability,marital status,domestic
partner status,or medical condition.
D.The contractor shall permit access to arid may be required to provide certified
copies of all of its records pertaining to employment and to its employment practices
by the awarding authority or the Office of Contract Compliance,for the purpose of
investigation to ascertain compliance with the Affirmative Action Program provisions
of City contracts,and on their or either of their request to provide evidence that it
has or will comply therewith.
1
EXHIBIT C
D-60
AFFIRMATIVE ACTION PROGRAM PROVISIONS
E.The failure of any contractor to comply with the Affirmative Action Program
provisions of City contracts may be deemed to be a material breach of contract.
Such failure shall only be established upon a finding to that effect by the awarding
authority,on the basis of its own investigation or that of the Board of Public Works,
Office of Contract Compliance.No such finding shall be made except upon a full
and fair hearing after notice and an opportunity to be heard has been given to the
contractor.
F.Upon a finding dUly made that the contractor has breached the Affirmative Action
Program provisions of a City contract,the contract may be forthwith cancelled,
terminated or suspended,in whole or in part,by the awarding authority,and all
monies due or to become due hereunder may be forwarded to and retained by the
City of Los Angeles.In addition thereto,such breach may be the basis for a
determination by the awarding authority or the Board of Public Works that the said
contractor is an irresponsible bidder or proposer pursuant to the provisions of
Section 371 of the Los Angeles City Charter.In the event of such determination,
such contractor shall be disqualified from being awarded a contract with the City of
Los Angeles for a period of two years,or until he or she shall establish and carry out
a program in conformance with the provisions hereof.
G.In the event of a finding by the Fair Employment and Housing Commission of the
State of Califomia,or the Board of Public Works of the City of Los Angeles,or any
court of competent jurisdiction,that the contractor has been guilty of a willful
violation of the California Fair Employment and Housing Act,or the Affirmative
Action Program provisions of a City contract,there may be deducted from the
amount payable to the contractor by the City of Los Angeles under the contract,a
penalty of TEN DOLLARS ($10.00)for each person for each calendar day on which
such person was discriminated against in violation of the provisions of a City
contract.
H.Notwithstanding any other provisions of a City contract,the City of Los Angeles
shall have any and all other remedies at law or in equity for any breach hereof.
I.The Public Works Board of Commissioners shall promulgate rules and regulations
through the Office of Contract Compliance and provide to the awarding authorities
electronic and hard copy forms for the implementation of the Affirmative Action
Program provisions of City contracts,and rules and regulations and forms shall,so
far as practicable,be similar to those adopted in applicable Federal Executive
Orders.No other rules,regUlations or forms may be used by an awarding authority
of the City to accomplish this contract compliance program.
J.Nothing contained in City contracts shall be construed In any manner so as to
require or permit any act which is prohibited by law.
K.The Contractor shall submit an Affirmative Action Plan which shall meet the
requirements of this chapter at the time it submits its bid or proposal or at the time it
2
D-61
'.
AFFIRMATIVE ACTION PROGRAM PROVISIONS
registers to do business with the City.The plan shall be subject to approval by the
Office of Contract Compliance prior to award of the contract.The awarding
authority may also require contractors and suppliers to take part in a pre-
registration,pre-bid,pre-proposal,or pre-award conference in order to develop,
improve or implement a qualifying Affirmative Action Plan.Affirmative Action
Programs developed pursuant to this section shall be effective for a period of twelve
months from the date of approval by the Office of Contract Compliance.In case of
prior submission of a plan,the contractor may submit documentation that it has an
Affirmative Action Plan approved by the Office of Contract Compliance within the
previous twelve months:If the approval is 30 days or less from expiration,the
contractor must submit a new Plan to ,the Office of Contract Compliance and that
Plan must be approved before the contract is awarded.
1,Every contract of $5,000 or more which Q1ay provide construction,demolition,
renovation,conservation or major maintenance of any kind shall in addition
comply with the requirements of Section 10.13 of the Los Angeles
Administrative Code,
2,A contractor may establish and adopt as its own Affirmative Action Plan,by
affixing his or her signature thereto,an Affirmative Action Plan prepared and
furnished by the Office of Contract Compliance,or it may prepare and submit
its own Plan for approval.
L.The Office of Contract Compliance shall annually supply the awarding authorities of
the City with a list of contractors and suppliers who have developed Affirmative
Action Programs.For each contractor and supplier the Office of Contract
Compliance shall state the date the approval expires,The Office of Contract
Compliance shall not withdraw its approval for any Affirmative Action Plan or
change the Affirmative Action Plan after the date of contract award for the entire
contract term without the mutual agreement of the awarding authority and the
contractor.
M.The Affirmative Action Plan required to be submitted hereunder and the pre-
registration,pre-bid,pre-proposal or pre-award conference which may be required
by the Board of Public Works,Office of Contract Compliance or the awarding
authority shall,without limitation as to the subject or nature of employment activity,
be concerned with such employment practices as:
1,Apprenticeship where approved programs are functioning,and other on-the-
job training for non-apprenticeable occupations;
2.Classroom preparation for the job when not apprenticeable;
3,Pre-apprenticeship education and preparation;
3
D-62
AFFIRMATIVE ACTION PROGRAM PROVISIONS
4.Upgrading training and opportunities;
5.Encouraging the use of contractors,subcontractors and suppliers of all racial
and ethnic groups,provided,however,that any contract sUbject to this
ordinance shall require the contractor,subcontractor or supplier to provide
not less than the prevailing wage,working conditions and practices generally
observed in private industries in the contractor's,subcontractor's or supplier's
geographical area for such work;
6.The entry of qualified women,minority and all other journeymen into the
industry;and
7.The provision of needed supplies or job conditions to permit persons with
disabilities to be employed,and minimize the impact of any disability.
N.Any adjustments which may be made in the contractor's or supplier's workforce to
achieve the requirements of the City's Affirmative Action Contract Compliance
Program in purchasing and construction shall be accomplished by either an
increase in the size of the workforce or replacement of those employees who leave
the workforce by reason of resignation,retirement or death and not by termination,
layoff,demotion or change in grade.
O.Affirmative Action Agreements resulting from the proposed Affirmative Action Plan
or the pre-registration,pre-bid,pre-proposal or pre-award conferences shall not be
confidential and may be pUblicized by the contractor at his or her discretion.
Approved Affirmative Action Agreements become the property of the City and may
be used at the discretion of the City in its Contract Compliance Affirmative Action
Program.
P.This ordinance shall not confer upon the City of Los Angeles or any Agency,Board
or Commission thereof any power not otherwise provided by law to determine the
legality of any existing collective bargaining agreement and shall have application
only to discriminatory employment practices by contractors or suppliers engaged in
the performance of City contracts.
Q.All contractors SUbject to the provisions of this section shall include a like provision
in all subcontracts awarded for work to be performed under the contract with the
City and shall impose the same obligations,including but not limited to filing and
reporting obligations,on the subcontractors as are applicable to t.he contractor.
Failure of the contractor to comply with this requirement or to obtain the compliance
of its subcontractors with all such obligations shall SUbject the contractor to the
imposition of any and all sanctions allowed by law,including but not limited to
termination of the contractor's contract with the City.
4
D-63
(d)Other Options for Compliance.Provided that the Contractor does
not discriminate in the provision of Benefits,a Contractor may also comply with
the Equal Benefits Ordinance in the following ways:
(1)A Contractor may provide an employee with the Cash Equivalent
only if the DAA determines that either:
a.The Contractor has made a reasonable,yet unsuccessful effort to
provide Equal Benefits;or
b.Under the circumstances,it would be unreasonable to require the
Contractor to provide Benefits to the DO[11estic Partner (or spouse,if applicable).
(2)Allow each employee to designate a legally domiciled member of
the employee's household as being eligible for spousal equivalent Benefits.
(3)Provide Benefits neither to employees'spouses nor to employees'
Domestic Partners.
(e)Applicability.
(1)Unless otherwise exempt,a Contractor is subject to and shall
comply with all applicable provisions of the Equal Benefits Ordinance.
(2)The requirements of the Equal Benefits Ordinance shall apply to a
Contractor's operations as follows:
a.A Contractor's operations located within the City limits,regardless
of whether there are employees at those locations performing work on the
Contract.
b.A Contractor's operations on real property located outside of the
City limits if the property is owned by the City or the City has a right to occupy the
property,and if the Contractor's presence at or on that property is connected to a
Contract with the City.
c.The Contractor's employees located elsewhere in the United States
but outside of the City limits if those employees are performing work on the City
Contract.
(3)The requirements of the Equal Benefits Ordinance do not apply to
collective bargaining agreements ("CBA")in effect prior to January 1,2000.The
Contractor must agree to propose to its union that the requirements of the Equal
Benefits Ordinance be incorporated into its CBA upon amendment,extension,or
other modification of a CBA occurring after January 1,2000.
2
D-64
(f)Mandatory Contract Provisions Pertaining to Equal Benefits.
Unless otherwise exempted,every Contract shall contain language that obligates
the Contractor to comply with the applicable provisions of the Equal Benefits
Ordinance.The language shall include provisions for the following:
(1)During the performance of the Contract,the Contractor certifies and
represents that the Contractor will comply with the Equal Benefits Ordinance.
(2)The failure of the Contractor to comply with the Equal Benefits
Ordinance will be deemed to be a material breach of the Contract by the
Awarding Authority.
(3)If the Contractor fails to comply with the Equal Benefits Ordinance
the Awarding Authority may cancel,terminate or suspend the Contract,in whole
or in part,and all monies due or to become due under the Contract may be
retained by the City.The City may also pursue any and all other remedies at law
or in equity for any breach.
(4)Failure to comply with the Equal Benefits Ordinance may be used
as evidence against the Contractor in actions taken pursuant to the provisions of
Los Angeles Administrative Code Section 1DAD,et seq.,Contractor
Responsibility Ordinance.
(5)If the DAA determines that a Contractor has set up or used its
Contracting entity for the purpose of evading the intent of the Equal Benefits
Ordinance,the Awarding Authority may terminate the Contract on behalf of the
City.Violation of this provision may be used as evidence against the Contractor
in actions taken pursuant to the provisions of Los Angeles Administrative Code
Section 10.40,et seq.,Contractor Responsibility Ordinance.
3
D-65
MINUTES OF THE REGULAR MEETING OF THE
PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITIEE
TUESDAY,NOVEMBER 15,2011,5:30PM -8:00PM
WILMINGTON SENIOR CITIZEN CENTER
1371 EUBANK STREET
WILMINGTON,CA 90744
H.ACTION ITEM:
October 18,2011,the PCAC approved the amended recommendation
below,which was moved by Pat Nave,second by June Burlingame Smith,
and carried with 12 Ayes,4 Nays and 4 Abstentions.
RECOMMENDATION:
Whereas,the PCAC has previously urged the City and the Port-to
relocate the Amerigas/Rancho Liquid Propane Gas (LPG)facility in San
Pedro;and
Whereas,the facility is served by rail tank cars,truck tank cars and
pipeline,and stores and distributes liquid propane,butane and other
commodities;and
Whereas,substantial numbers of people in the Harbor area are
concerned about the risk of hazard due to the facility's aging infrastructure,
possibility of earthquake or natural disaster due to its location in an
identified seismically active area and adjacent tsunami zone,and a
potential target for terrorism in a Port city acknowledged as a likely target
site;and
Whereas,the facility has from time to time changed it business
operations,and there is concern by many people that there has been
inadequate environmental and risk analyses of those changes;and
Whereas,over time,the Los Angeles Harbor Department has become
increasingly involved in the operations conducted at the facility,such as by
assisting in the transport of product by rail through the Port across Port
rail lines,including a portion of the rail line spur accommodating the rail
transportation of the commodities pursuant to Revocable Permit No.10-05
dated February 2011,which appears to allow reasonable inquiry into the
rail movements on the parcel subject to the permit;and
Whereas,rail tank cars containing unknown products from other
manufacturers and sources other than the Rancho Facility also traverse
and are stored on tracks owned by the Port and the railroads;and
Whereas,truck tank vehicles containing unknown products from
sources other than the Rancho Facility also travel through our
1
Transmittal No.3 D-66
MINUTES OF THE REGULAR MEETING OF THE
PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEE
TUESDAY,NOVEMBER 15,2011,5:30PM -8:00PM
WILMINGTON SENIOR CITIZEN CENTER
1371 EUBANK STREET
WILMINGTON,CA 90744
communities,and because they do not originate from Port terminals,are
not sUbject to,for example,the Wilmington truck route plan;and
Whereas,among the data that is available and should be provided to
the Port and the community about the rail tank cars and truck tank vehicles
is information such as routing,quantity,storage elsewhere in the Port
while awaiting further transport,product identification criteria,fire
department and hazmat notification procedures,etc.
NOW THERFORE,be it resolved that the PCAC recommends that the
Board of Harbor Commissioners (BHC)direct the Port of LA to revoke
Permit No.10-05 and work with the community and Rancho to perform a
Risk Management Plan for the API Storage Tanks,ASME Pressure vessels
and rail cars at the facility in accordance with 40CFR68 as well as the
transport of product to and from the facility by pipeline,by rail tank car and
by truck tank vehicles;and
BE IT RESOLVED,that the PCAC recommends that the BHC direct staff
to work with the community and affected tenants and others to perform a
risk analysis of transport of products to and through the Port and nearby
communities by pipeline,by rail tank car and by truck tank vehicles;and
BE IT RESOLVED,that the BHC establish a working group of persons
to assist in examining the risks associated with the operation of the facility
and transport of products by rail and truck,including representatives of the
Los Angeles Fire Department,United States Geological Service,EPA,
university research community,local organizations and the PCAC.
PCAC ACTION:
The Committee approved the Recommendation with 12 Ayes,3 Nays and 3
Abstentions.
2
D-67
E-mail exchange between Janet Gunter and Geraldine Knatz
D-68
Sent:
To:
Cc:
Pag~i of 1
Kit Fox
From:Knatz,Geraldine [knatz@portla.org]
Tuesday,June OS,2012 8:25 AM
'Janet Gunter';Huerta,Julie
MrEnvirlaw@sbcglobal.net;noelweiss@ca.rr.com;jody.james@sbcglobal.net;det310@juno.com;
connie@rulter.us;konnica@ca.rr.com;tom@politeo.net;amartinez@nrdc.org;mlinperrella@nrdc.org;
dwgkaw@hotmail.com;igornla@cox.net;dan.weikel@latimes.com;
Donna.LitUejohn@DailyBreeze.com;pauLh_rosenberg@hotmail.com;djgoldstein@cbs.com;
overbid2002@yahoo.com;jnmarquez@prodigy.net;alicia@cbecal.org;billgailegos@cbecal.org;
Iiz@smbaykeeper.org;burllng102@aol.com;laura.richardsonmc@mail.house.gov;
marisol.espinoza@lacity.org;vzavala@kcel.org;chateau4us@alt.net;claudia.r.mcculloch@gmail.com;
Kit Fox;brian.campbell@rpv.com;lonna@cope.preparedness.org
Subject:RE:limit on Public testimony for Rancho Liquid Petroleum Gas Rail Revocation Motion issue on Port
Agenda June 7
We are giving 10 minutes to PCAC and 10 minutes to Rancho to start the discussion.Other speakers
have 3 minutes.
From:Janet Gunter [mailto:arriane5@aol.com]
sent:Monday,June 04,2012 9:19 PM
To:Knatz,Geraldine
Cc:MrEnvirlaw@sbcglobal.net;noelweiss@ca.rr,com;jody.james@sbcglobal.neti det310@Juno.com;
connie@rutter.us;konnica@ca.rr.comi tom@politeo.net;amartlnez@nrdc.org;mlinperreila@nrdc.org;
dwgkaw@hotmail.comi igornla@cox.net;dan.weikel@latimes.com;Donna.LittleJohn@DailyBreeze.com;
paul_h_rosenberg@hotmall.com;djgoldsteln@cbs.com;overbid2002@yahoo.com;
jnmarquez@prodigy.net;alicia@cbecal.org;billgailegos@cbecal.org;liz@smbaykeeper.orgi
burling102@aol.com;laura.richardsonmc@mail.house.gov;marlsol.espinoza@laclty.org;
vzavala@kcet.org;chateau4us@att.net;c1audia.r.mcculloch@gmail.com;kitf@rpv.com;
brian.campbeil@rpv.com;lonna@cope-preparedness.org
SUbject:Limit on Public testimony for Rancho liqUid Petroleum Gas Rail Revocation Motion issue on Port
Agenda June 7
I've just been told that the public testimony for this agenda item scheduled for this Thursday at 8:30 am
will limit public testimony to 10 minutes pro and 10 minutes con.This item is of Immense importance to
public safety in the communities of San Pedro,Rancho Palos Verdes and Wilmington.It seems that
this is extremely unfair to the pUblic,especiaily in light of the LA City Controller's recent Study results
exposing the major deficit of any substantive Emergency &Disaster Preparedness in the City of LA .
Please either confirm or deny that this is the situation.
Thank you.
Janet Gunter
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6/5/2012 D-69
Daily Breeze article regarding outcome of June i h BHe meeting
D-70
Harbor commission rejects proposal for Rancho LPG rail line
By Art lv!ar,.oqllin Staff Writer Daily Bree::e
Posted:
---------
DailyBreeze.com
After a two-hour discussion,the Board of Harbor Commissioners on Thursday rejected a proposal to revoke a pemlit
for a rail line connecting the Rancho LPG facility to an interstate railroad system at the Port of Los Angeles.
The board also rejected a recommendation by the Los Angeles Community Advisory Committee to perform a risk
assessment of the 18-acre,privately owned facility because the study should be completed by state and federal
agenCies.
The Rancho LPG facility,built in 1973,stores butane and propane in two large,refrigerated,double-walled storage
tanks and a series of smaller horizontal tanks scattered on the property.
Port and city officials have repeatedly told opponents that the plant is in compliance and does not pose a danger to
the surrounding community.
-Art Marroquin
D-71
Meeting flyer and fact sheet for June 21 st showing of "Before the Ashes"
D-72
Rancho LPG -2110 No:Gaffey St.,san Pedro,CA -Across from Home Depot
WHAT DOES 25 MILLION GALLONS OF
LIQUID PETROLEUM GAS
MEAN
TO THE SAFETY OF yOU•••.
YOUR FAMILY••.AND NEIGHBORHOOD??
Are you in the "Blast Zone"??
Find out Before it is too late!!
HAVE YOU BEEN FOLLOWING THE CONTROVERSY OVER THE HUGE LIQUID ENERGY GAS TANKS
ACROSS FROM HOME DEPOT IN SAN PEDRO?Did you KNOW that a Risk Analysis of this operation gives
a WORST CASE IMPACT RADIUS OF 6.8 MILES (fNCORPORATING THE COMMUNITIES OF HARBOR CITY,
LOMlTA,RANCHO PALOS VERDES,ROLLfNG HILLS ESTATES,WILMfNGTON,CARSON AND LONG BEACH)???
COME SEE THE SPECIAL SCREENING OF A 12 MINUTE MOVIE PRESENTATION THAT HOMEOWNERS
FIGHTING AGAINST THIS FACILITY HAVE PRODUCED.
"BEFORE THE ASHES"
THURSDAY,JUNE 21,2012,7:00 PM
HOLY TRINITY PARISH CENTER
209 No.Hanford St.-San Pedro
(parking in lots on Sepulveda,Sanla Cruz &Walker Sts.-Enter from Sepulveda lot.)
***LEARN ABOUT THE ISSUE.MAKE UP YOUR OWN MIND.
SHOW UP AT THE MEETING WITH LA CITY COUNCILMAN BUSCIANO ON JUNE 27'"_6PM @TAPER AVE SCHOOL
LET YOUR VOICE BE HEARD!PROTECT YOUR COMMUNITY!
Sponsored by:San Pedro Peninsula Homeowners United,San Pedro &Peninsula Homeowners Coalition,HT Peace &Justice,and Citizens for
Responsible &Equal Environmental Protections
Contact Info:(310)251-7075 -Website:www.hazardsbegone.com D-73
Y.guid Petroleum Gas Fact Sheet
Propane and butane are gases at room temperature and pressure.
They are converted to liquids by pressure and/or chilling.Propane is kept at
pressures about 10 times atmospheric pressure at Rancho LPG Terminal.
(Propane is in the long tanks.There are five of them,each can hold 60,000
gallons for a total of 300,000 gallons.)1
Butane is stored in Two large cylindrical tanks,of 12,600,000 gallons capacity
for a total of over 25 Million Gallons.Butane is stored at 28°F,30 below its
boiling point of 31 0 F.
It's also at 7%pressure higher than atmospheric.2
When they are released to the atmosphere,both liquids would quickly become
gases,forming a vapor cloud.3
Butane and propane would greatly increase in volume,more than 230 times
their original volume.(As they do this,they would compress the air to form a
destructive pressure wavel
The contents of one butane tank would overflow the impound basin as it
vaporizes;the basin will hold less than 1 %of the tank's contents,as the liquid
vaporizes.The rest of the vapor will flow onto Gaffey Street.5
But both gases are heavier than air,and would tend to roll out like cold syrup,
flowing invisibly along the ground,rather than rise.They would gradually mix
with air at their edges.6
As they mix with air,they would become very flammable.(Fire needs oxygen
from the air to support burning.)If they are ignited,possibly by a passing car,
they will burn rapidly,and warm the rest of the gas which may still be in the liquid
state,which will increase the fire.7
If water is sprayed on the burning gas,the gas and the liguid LPG will float on
the water.Even as a liquid,LPG is lighter than water.The water would actually
warm the liquid LPG,causing it to evaporate faster,and spread the fire.Butane
burns hotter than 3600 0 F,hot enough to melt steel!8
The butane stored at Rancho has enough energy to equal 53 atomic bombs!
This information was acknowledged by Rancho's own consultants,Quest.9
*Before it is too late,we must unite to remove this flagrant threat to our citizens,
our communities and our ports!
Please stand up to protect us all!
CONTACT YOUR LOCAL GOVERNMENTAL REPRESENTATIVES
IMMEDIATELY!!
D-74
References and Validations
I At 70 0 F propane has a vapor pressure of145 psi (pounds per square inch)absolute;
atmospheric pressure is 14.7 psi.Data according to NFPA (National Fire Protection
Association)58,"Liquefied Petroleum Gas Code"2008.
2 Storage temperature is from Rancho documents.Butane's boiling point is 31"F,
according to the API's (American Petroleum Institute)"Fire Protection Considerations
for the Design and Operation ofLiquified (LPG)Gas Facilities."It's stored at about 1
psi above atmospheric pressure,according to Rancho documents.
3 The 'vapor cloud'would be propane or butane,and not mix readily with air except at
its edges.As gases,both propane and butane are odorless and colorless.They would be
cold on their release,because of 'self-refrigeration,'that is,after the pressure under
which they were stored is relieved,and the)!.are allowed to vaporize,they would expand
greally.When they expand,these gases cool down,in the same way that a refrigerant
works in a refrigerator.Ifthere was enough moisture in the air,the moisture might
condense on the vapor sUlface and make it somewhat visible.
~Propane increases 270 times its volume;butane increases 230 times its volume,
according to the API document ciled above.
5 The impound basin was sized to hold the entire contents ofone tank.(According to
Google maps and a depth of17 feet,given in Rancho documents,the impound basin
volume is slightly smaller than 12,600,000 gallons,though)So 12,600,000 gallons
would expand 230 times to 2,898,000,000 gallons as a vapor.Only about 0.4%
(12,600,000/2,898,000,000)ofthe vapor could be contained in the impound basin.
6 As the vaporflows out ofthe impound basin,it wouldflow into the adjacent storm
drain,then into the harbor near Channel Street.More vapor would likely flow onto
Gaffey Street.Propane is 1.5 times as heavy as air;butane is 2.01 times as heavy.They
would behave similarly to dly ice vapors that are used in spooky shows,hugging the
ground.The weights ofboth gases are fi'om the NFPA 58 document ciled above.
7 The lower flammability limit (LFL)for propane is 2.15 %in the vapor air mixture;for
butane it is 1.55 %.From the NFPA 58 document.Sources ofignition could be the
engine ofa passing car or a truck on site,or the heater,flare,or three compressors on
site,or a static charge,or cigarette.
8 Although the gases are heavier than air,they are lighter than water when they are
liquids (and,ofcourse,when they are gases).Propane is 0.504 times the weight ofwater
and butane is 0.582 times,according to the NFPA 58 document.Propane burns at a
temperature of35950 F;butone at 36150 F Informationfrom NFPA 58 document.Steel
melts at 2550 to 27900 F The tanks containing the propane and butane are steel.
Information on steel from Perry's Chemical Engineer's Handbook,6'"Edition.
9 From Rancho's documents,letter tilled,"Responses to Portions ofAnthony Patchett's
Letter by Quest Consulting,..p.4.
D-75
Daily Breeze article regarding June 27 th Public Safety Committee meeting
D-76
Liquid bulk storage safety topic of tonight's San Pedro meeting
By Donna Littlejohn Sta.ffWriter Daily Breeze
Posted:
The safety of liquid bulk storage facilities is the subject of a special meeting tonight in San Pedro.
DailyBreeze.com
The Los Angeles City Council's Public Safety Committee will meet at 6 p.m.at Taper Avenue Elementary School
auditorium,1824 Taper Ave.,to hear from regulators -federal,state and local-on safety and permitting
requirements.
There will also be time for public comment.
For those who can't attend,the meeting can be viewed live online at www.LA15th.comfTankSafety/.
Harbor Area Councilman Joe Buscaino requested the meeting in light of long-standing concerns about the Rancho
LPG liquefied petroleum gas storage facility at 2 I ION.Gaffey St.in San Pedro.
Established in 1973 by Petrolane,the facility later was operated under the Arnerigas name and now is owned by
Plains LPG with a long-term lease for the land.
Because ofthe hazardous materials stored there,critics say that the presence of the tanks -with residential
neighborhoods,stores and a school nearby -is a potential disaster in the making.
On June 7,the Board of Harbor Commissioners rejected a proposal to revoke a permit for a rail line connecting the
Rancho LPG facility to an interstate railroad system at the Port of Los Angeles.
The board also rejected a recommendation by the Los Angeles Community Advisory Committee to perform a risk
assessment of the l8-acre,privately owned facility because the study should be completed by state and federal
agencies.
The Rancho LPG facility stores butane and propane in two large,refrigerated,double-walled storage tanks and a
series of smaller horizontal tanks scattered on the property.
Port and city officials have said the plant is in compliance and is subject to frequent inspections.
donna.littlejohn@dailybreeze.com
D-77
Agenda and handout from Los Angeles City Council Public Safety Committee Meeting
on Liquid Bulk Storage in the Harbor area
D-78
PUBLIC SAFETY COMMITIEE,SPECIAL MEETING
WEDNESDAY,JUNE 27,2012
TAPER AVENUE ELEMENTARY SCHOOL AUDITORIUM -6:00 PM
1824 TAPER AVE,SAN PEDRO,CA 90731
***NOTE START TIME AND LOCATION CHANGES FOR THIS MEETING ***
MEMBERS:COUNCILMEMBER MITCHELL ENGLANDER,CHAIR
COUNCILMEMBER JAN PERRY
COUNCILMEMBER JOE BUSCAINO
COUNCILMEMBER PAUL KREKORIAN
COUNCILMEMBER DENNIS P.ZINE
(John A.White -Legislative Assistant -213-978-1072;e-mail john.white@lacitv.org
Click here for agenda packet
Note:For information regarding the Committee and its operations,please contact the Committee
Legislative Assistant at the phone number and/or email address listed above.The Legislative
Assistant may answer questions and provide materials and notice of matters scheduled before the
City Council.Assistive listening devices are available at the meeting.Upon 24-hour advance
notice,other accommodations,such as sign language interpretation and translation services,will be
provided.Contact the Legislative Assistant listed above for the needed services.
FiLE NO.
11-1813-51
11-1813
CD15
SUBJECT
(1)
Motion (Buscaino -Perry -Englander)requesting that the pertinent regulatory and
enforcement agencies at the local,state,and federal level report relative to
permitting and safety requirements for liquid bulk storage facilities.
Fiscal Impact Statement Submitted:No
Community Impact Statement:None submitted
(2)
Motion (Perry -Krekorian)requesting the Fire and Emergency Management
Departments,the Department of Building and Safety,and City Attomey to report
relative to safety issues expressed by San Pedro residents regarding the
Amerigas/Rancho LPG storage tank facility located at 2110 North Gaffey Street in
San Pedro;and,further requesting that the Southern Califomia Air Quality
Management District review air quality issues associated with this facility.
Fiscal Impact Statement Submitted:No
Community Impact Statement:None submitted
PUBLIC SAFETY COMMITIEE
•••Special Meeting ***
Wednesday,June 27,2012
D-79
Materials related to an item on this Agenda submitted to the Committee after distribution of
the agenda packet are available for public inspection in the City Clerk's Office at 200 North
Spring Street,Room 395,City Hall,Los Angeles,CA 90012 during normal business hours.
ps062712sp
PUBLIC SAFETY COMMITTEE
•••Special Meeting .-
Wednesday,June 27,2012 D-80
•
Coallcillll.all loe Basc:aino
.LA's 15...Co....nci.Dis...ic.
This Public Safety Committee meeting is
streaming live at:
LA 15 th.com/TankSafety
D
-
8
1
CityWatchLA.com article regarding Rancho LPG facility
D-82
Written by Janet Gunter and Connie Rutter
07.09.2012
WHO'S PROTECTING WHOM?-Over 40 years ago,the City and Port of LA ushered into the
community of San Pedro a voluminous and volatile liquid petroleum gas facility.
Negotiating since the late 1960's to develop an LPG terminal in LA Harbor for the export and
import of propane and butane,port officials decided that the storage site would be too
hazardous to locate on their own property.Private property within the community and
adjacent to the inner harbor was located and Petrolane LPG signed onto a long term lease.A
pipeline was installed to a wharf at the port of tA to capture the lucrative opportunity of direct
shipping by sea.The port signed a 30 year wharf lease with the operators.
At that time,1972/1973,a sitting LA Harbor Commissioner,Commissioner Cho,was a
shareholder in Petrolane LPG and the company was expedited through the permitting process
with an EIR that never addressed many critical facts ...including the volatile nature of liquid
petroleum gasses,the fact that the tank facility was being built on the Palos Verdes Earthquake
fault (mag.7.3)and in a seismic Landslide and Liquefaction Area.
Nor did the EIR identify that the storage facility was being placed within 1,000 ft.of existing
residential homes.A risk analysis was never performed and its two 12.5 million gallon capacity
tanks were built without LA Building and Safety Permits and to a seismic sub-standard of
5.5-6.0.
Petrolane was given an "emergency exemption"from the California Environmental Quality Act,
and LA City Fire Regulations.Although the facility has changed hands two additional times
since then,they have never had to perform a new EIR or upgrade the facility even though the
operation is completely different from the original business operation that transported over 68 %
of its gas by sea.
The port refused to renew their wharf in 2004 leaving the operation to ship 100%of its ultra
hazardous commodity by rail and truck through the port and communities.
The stored energy at this location (more than 25 million gallons)represents the equivalent of 53
nuclear bombs.LPG is an ultra flammable substance and is nearly impossible to extinguish
once ignited.This facility poses an extreme threat to lives and property on multiple levels.
1.The massive volume of its stored gas.The largest volume of gas of its type in such a
densely populated area with a proximity that jeopardizes schools,neighborhoods,businesses,
the 110 freeway,the Vincent Thomas Bridge,and the largest ports in the Nation.
The company is located on the back side of the large Conoco Phillips refinery,across the street
from the Naval Fuel Depot and above a hornet's nest of chemical and fuel pipelines extending
D-83
Written by Janet Gunter and Connie Rutter
07.09.2012
up the coast and inland.The slightest human error could bring instant catastrophe.And,the
facility's antiquated 40 year old infrastructure is ripe for cataclysmic opportunity.
2.00 0 The incredible earthquake potential for disaster.
It is in the PV Fault Rupture Zone and on such seismically sensitive land.Anything greater than
a 6.0 magnitude could easily rip through both large tanks like butter resulting in devastation
never witnessed before by man.Considering that,once ignited,LPG burns at a temperature
greater than 3500 degrees Fahrenheit,the radiant heat from this LPG fire would ignite all
combustibles for MANY MILES!
3.0 0 0 Terrorism potential.
Two men were convicted in 2000 for a terroristattempt on an LPG facility in Elk Grove,CA,that
is essentially the twin to the Rancho facility in San Pedro.The mammoth,above ground tanks
are tantalizing and easy soft targets for terrorism.Considering that the Ports of Los Angeles
and Long Beach rank high on the known list of terrorist targets,this site leaps to the fore as a
premiere opportunity.
The facility was acquired by "Plains All American Pipeline"(a fortune 500 company)when the
former operators,Amerigas,were unable to renew their lease on the Port's wharf for ocean
transport in 2008.
A single ship can transport 7 million gallons of liqUid energy gas.Great profits were lost when
the sea shipping option ended for Amerigas.However,"Plains"was then,and is now,in the
development phase of a new Crude Oil terminal on Pier 400 at the Port of LA,under the name
Pacific LA Marine.
It is only logical that Plains/Rancho is looking to the opportunity of shipping LPG once again
through the Port of LA.Attempting to establish an LPG shipping opportunity like this ...without
a "grandfathered"situation like this one ...would be virtually impossible.
India is currently in the process of implementing a similar project.Their plan calls for the
creation of a facility location to be sited 6 miles off shore.This is the only sensible action
considering the high danger associated with these operations.Los Angeles must demand the
same of Plains.
Meanwhile,community activists in San Pedro continue to fight for the security that most people
blindly assume is being provided them by government oversight.
What eludes common logic is "why"the City of LA is not worried about the overwhelming liability
of this incredible potential for disaster,and "why"they would be so readily willing to sacrifice the
economic engine of the State of California.
What is the reason for the City of LA and government officials across the board to protect and
insulate this particular company?What is so important that public safety takes a back seat?
D-84
Written by Janet Gunter and Connie Rutter
07.09.2012
Meanwhile,the facility presents a worst case blast radius (under EPA calculations of 1 tank
rupture)of 3 miles,with an estimation of 27,000 potential victims.If one blows,does that not
mean that they "all" go?
San Pedro and surrounding communities currently sit poised on the precipice of a hellacious
inferno.
(Janet Gunter is a long time community activist and member of the San Pedro Peninsula
Homeowners United Inc.D Connie Rutter is a retired oil industry environmental consultant.D
Both are members of Citizens for Responsible &Equal Environmental Protection (CREEP).D
The SPPHU was one of the litigants in the successful China Shipping lawsuit that was
represented by the NRDC in 2001-2003 on the issue of air pollution and aesthetics.)
-cw
Tags:Janet Gunter,Connie Rutter,Port of LA.Port of Los Angeles,Los Angeles,San Pedro,
Petrolane,LPG,propane,explosion,high risk
CityWatch
Vol 10 Issue 55
Pub:July 10,2012
D-85