20160202 Late CorrespondenceRECEIVED FAOM-4-lllM.lo_"""'.....,,..... __
AND MADE A PART OF THE J!CORO AT T~_E
COUNCIL MEETING OF fe~· 2, {)(J/tp
OFFICE OF THE CITY CLERK
CARLA MORREALE, CITY CLERK
BETIYT. YEE
California State Controller
January 19, 2016
Mr. Gene Seroka
Executive Director
Port of Los Angeles
425 South Palos Verde Street
San Pedro, CA 90731
SUBJECT: China Shipping Commitments
Dear Mr. Seroka,
I write to you today in my role as the California State Controller. As Controller, I serve on and
now currently chair California's State Lands Commission . Under the State Lands Commission's
2016-2020 Strategic Plan, the Commission has residual and review authority over all granted
sovereign land. This authority allows the Commission to investigate, audit, and review the
administration of all tideland and submerged trust grants for compliance with granting statutes,
the Public Trust Doctrine, and other laws. The common law Public Trust Doctrine and the
California Constitution ensure that public trust lands and resources are managed in trust for th e
people of California.
I recently became aware that the Port of Los Angeles (Port) has been failing for years to
implement key air quality mitigation measures from its 2008 Environmental Impact Report for
the China Shipping cargo terminal. Failure to implement these measures is not only a failure to
meet the Port's duties under the California Environmental Quality Act (CEQA), but it is also
inconsistent with the Port's fiduciary duties as a state trustee of public trust lands and assets in a
manner that directly harms the public. Public harm resulting from port operations is a serious
concern and inconsistent with the Port's fiduciary duties to the people of California and Public
Trust Doctrine principl es.
Consistent with applicable law, and in order lo avo id a repe a t of the C hina S hipping experience,
I write to recommend that you update all new and amended leases at the Port to push for
zero-emission technologies. To achieve this , th e Port should adopt and implement a policy
establishing that it will not use a statement of overriding considerations for air quality and
greenhouse gas emissions in its CEQA reviews unless the tenant agrees to the impl emen tation of
mitigation measures incorporating zero -e miss ion technologi es for off-road equipment and
dray age trucks.
300 Capiro l Mdll . Suire 1850 S.1C1 ,11nenro. CA 95814 r 0 B"x 04 2850. S.1u,1111enr11 . C.o\ q4z50 f.lx 191 01 .12 2 4·11}..J
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Mr. Gene Seroka
January 19, 2016
Page 2
The Port has the opportunity to take a more proactive leadership role in reducing harmful
impacts associated with its use of public lands by advancing the state of technology to the point
of transforming shipping, truck fleet, warehouse and terminal operations. Such leadership can be
in the form of financial incentives, securing the support of freight industry leaders and beneficial
cargo owners, and specific actions that send a strong signal to end users, technology developers,
and original equipment manufacturers to buy, operate, and deploy such technologies as early as
possible and hasten commercialization. The Port should also adopt the guiding principle of
requiring the use of the least polluting viable technologies. This means committing to requiring
the use of zero-emission technology wherever possible. Lastly, the Port has included only
minimal deadlines and milestones in its zero-emission white paper (e.g., a goal of adding 40
zero-emission vehicles per year for 5 years). This is a significantly weaker commitment than the
2012-2017 Strategic Plan promise to "[i]ncrease zero emission truck trips to and from the Port to
50%, including 100% of the trucks to and from the near dock rail yards .... " Stronger and more
definitive actions need to be taken. These actions at the Port will be central to demonstrating and
achieving the near-tenn transition to zero-emission technologies.
In addition, I recommend that the Port create a stakeholder public participation process that includes
ample representation from community and environmental groups to discuss and deliberate the
implementation of its environmental protection and improvement plans.
Cleaner freight technology needs to be at the forefront of stewardship of the public lands and resources
that serve as major industrial port facilities in California. As the Port seeks to prepare itself for visits
from larger container ships and increased container volumes, it is imperative that the policies I have
recommended be put in place prior to the approval of future environmental projects.
Thank you for your consideration of my comments. I look forward to continued collaboration with the
Port of Los Angeles in its efforts to creating a protective, sustainable, and economically sound freight
transportation system.
Sincerely,
BETTYT. YEE
cc: The Honorable Eric Garcetti
The Honorable Joe Buscaino
Board of Harbor Commissioners, Port of Los Angeles
Matt Petersen, Chief Sustainability Officer, City of Los Angeles
Doane Liu, Port of Los Angeles
Michael DiBernardo, Port of Los Angeles
Christopher Cannon, Port of Los Angeles
David Libatique, Port of Los Angeles
Tim DeMoss, Port of Los Angeles
CITY OF RA.NCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
FEBRUARY 1, 2016
ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, February 2, 2016 City Council meeting:
Item No.
1
3
Respectfully submitted,
~la -frorreale
Description of Material
Memorandum from IMAC Chair Wedemeyer and Members;
Letter from Earl V. Malit; Email from April Sandell
Memorandum from Mayor Dyda
W:\AGENDA\2016 Additions Revisions to agendas\20160202 additions revisions to agenda thru Monday.doc
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Dyda and Members of the City Council
Chair Wedemeyer and Members of the Infrastructure
Management Advisory Committee
January 29, 2016
Storm Drain User Fee-February 2, 2016 City Council
Meeting Item 1
The Infrastructure Management Advisory Committee (IMAC) is an all-volunteer
committee appointed by the City Council to advise the Council on city infrastructure
matters. The IMAC has reviewed the information and estimates reported by the City Staff
concerning city-wide infrastructure needs. The IMAC has also reviewed the projected
future costs of maintaining the City's storm drain system, including storm drain and water
quality projects, and other potential public works projects, such as streets, buildings, and
parks.
The projected future costs of maintaining the City's storm drain system include repairs to
pipes and capacity increases and work on canyons. There are also certain other high
storm water flow areas which currently are not well served and work is needed to reduce
the volume of water percolating into slide areas. The current estimate for this work is
$45.1 million over the next 10 years. Of the $45.1 million, only $5.6 million is programmed
to be funded. (See February 2, 2016 staff report regarding the storm drain user fee,
pages D-5 and D-6). By comparison, the Public Works Department summary of storm
drain expenditures for the past 10 years ending June 30, 2015 totals $37 .6 million, without
accounting for inflation.
In addition to capturing and safely transporting storm water, the City also faces new
statutory challenges: complying with the requirements of the National Pollution Discharge
Elimination System, the regional storm water permit and total maximum daily load
programs. Public Works estimates compliance, over the next 10 years, will cost $48.5
million. This is in addition to the $45.1 million referenced above. This will more than double
the City's cost for storm drain work. IMAC invites attention to this projected 10-year
increase of about 105% in storm drain and water quality funding requirements.
Moreover, over the next five years there will be $63 million of needed capital improvement
projects in addition to storm drain and water quality, such as streets, parks, buildings,
trails, and landslide mitigation.
/.
IMAC Memo-Storm Drain User Fee
January 29, 2016
Page 2
Of the $63 million required, only $42.7 million is programmed to be funded. This leaves
an unfunded need of $20.3 million ($4 million per year) over the next five years for non-
storm drain projects.
The IMAC believes financial constraints compel hard choices between infrastructure
projects. If voters were to extend the storm drain user fee, these constraints will be eased,
but not eliminated.
W:\IMAC Meetings & Agenda\2016\01 28 2016\IMAC Memo to CC for 2 2 2016 SDUF.docx
RECElVED
crrv OF RANCHO PALOS VERDES
Earl V. Malit
JAN 2 9 2016
30318 Ganado Drive
Rancho Palos Verdes CA 90275
(310) 265-8571
Earl.Malit@cox.net
-C\TY CLERK'S OFFICE
City of Rancho Palos Verdes
City Clerk
30940 Hawthorne Blvd.
Rancho Palos Verdes CA 90275
To Whom It May Concern:
This letter serves as a written protest against extending the Storm Drain User Fee
assessed to us, the home owners of 30318 Ganado Drive. The corresponding
assessor parcel number for our property is 7558-003-018.
Please let us know if there are any questions regarding this written protest.
Alice Diego Malit
Homeowners of 30318 Ganado Drive
/.
From:
Sent:
To:
Cc:
April Sandell <hvybags@cox.net>
Sunday, January 31, 2016 8:43 PM
cc
Andy Winje; Ken Delong
Subject: Fwd: Feb. 2, 2016 Agenda Item/ Public Hearing /Storm drain User Fee
Begin forwarded message:
From: April Sandell <hvybags@cox.net>
Subject: Fwd: Feb. 2, 2016 Agenda Item/ Public Hearing /Storm drain
User Fee
Date: January 31, 2016 8:33:28 PM PST
To: "hvybags@cox.net Sandell" <Hvybags@cox.net>
Begin forwarded message:
From: April Sandell <hvybags@cox.net>
Subject: Feb. 2, 2016 Agenda Item/ Public Hearing /Storm
drain User Fee
Date: January 31, 2016 8:29:38 PM PST
To: "hvybags@cox.net Sandell" <Hvybags@cox.net>
Dear Mayor and Council Members,
Re: Property at 28026 Pontevedra Dr. RPV, which is not subject to the
user fee.
We are tax-payers residing on the most eastern portion of the city we too
deserve the opportunity to vote in the matter.
It's easy to see that the stability of this property depends on the water
"use" by those located uphill to the West and some to the South. In
addition, the storm water run off also flows downhill enters the city's
storm water inlet located at the same address. Furthermore, the
Miraleste Creek adds to the concerning matters.
Since the annexation of Eastview .... the deferred maintenance allowed
all waters drainage out of the broken metal pipes into the ground
1 /.
before reaching the connection to the County owned concrete pipes
running under Western Avenue.
Existing leaking drainage pipes essentially diminish ground stability
homes are built upon.
I urge your thoughtful consideration to provide all stakeholders equal
opportunity to influence the outcome. I have read residents letters
opposing the fee and it seems most lack the reasonable knowledge of
what is at stake. This issue is not all about individuals rather it is all
about all of us. We have a collective interest in the outcome and equal
voting rights is only fair.
Another concern is found within the related· documents which seems to
say that if the majority of voters do not submit timely written
opposition, the subject fee will be imposed. Is that true? Please let
me know.
On a related matter, I have previously notified the city staff of the re-
appearance of W estem Ave. dip at the comer of W estem
and Delesonde (earlier major sink hole). The dip is more apparent
today than earlier this year.
Regards,
April L. Sandell
2
CITY OF RANCHO PALOS VERDES
TO:
MEMORANDUM
CITY COUNCIL
FROM: Mayor Dyda
DATE: Feb.2,2016
SUBJECT: Ad Hoc Committee -RFP & Contract Process Review
RECOMMENDATION:
Appoint Ken Dyda and Jerry Duhovic to an Ad Hoc Committee to improve
the RFP and Contracting process and take advantage of the broad private
sector experience and expertise.
BACKGROUND:
The current process limits the proposals and contracts so that the best
contract value is not achieved. The responsibility for the end performance
rests with the city rather than the contractor. It also provides the opportunity
for a contractor to get a windfall profit by virtue of an "engineering
Improvement" the day after the contract is let. Some past contracts provided
penalties for the city when some city obligations were not met and did not
put the same conditions on the contractor.
PURPOSE:
The purpose is to establish guidelines for RFPs and Contracts dealing with
the technical performance and requirements. The legal terms and conditions
are left to the city attorney.
,;y zo/Ja ,(}/JJi,,, "/,.l,4'J'lr7'-'''>(J~ '"<-7· -~..___
Ken Dyda, Mayor
3