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RECEIVED FAOM-4-lllM.lo_"""'.....,,..... __ <br />AND MADE A PART OF THE J!CORO AT T~_E <br />COUNCIL MEETING OF fe~· 2, {)(J/tp <br />OFFICE OF THE CITY CLERK <br />CARLA MORREALE, CITY CLERK <br />BETIYT. YEE <br />California State Controller <br />January 19, 2016 <br />Mr. Gene Seroka <br />Executive Director <br />Port of Los Angeles <br />425 South Palos Verde Street <br />San Pedro, CA 90731 <br />SUBJECT: China Shipping Commitments <br />Dear Mr. Seroka, <br />I write to you today in my role as the California State Controller. As Controller, I serve on and <br />now currently chair California's State Lands Commission . Under the State Lands Commission's <br />2016-2020 Strategic Plan, the Commission has residual and review authority over all granted <br />sovereign land. This authority allows the Commission to investigate, audit, and review the <br />administration of all tideland and submerged trust grants for compliance with granting statutes, <br />the Public Trust Doctrine, and other laws. The common law Public Trust Doctrine and the <br />California Constitution ensure that public trust lands and resources are managed in trust for th e <br />people of California. <br />I recently became aware that the Port of Los Angeles (Port) has been failing for years to <br />implement key air quality mitigation measures from its 2008 Environmental Impact Report for <br />the China Shipping cargo terminal. Failure to implement these measures is not only a failure to <br />meet the Port's duties under the California Environmental Quality Act (CEQA), but it is also <br />inconsistent with the Port's fiduciary duties as a state trustee of public trust lands and assets in a <br />manner that directly harms the public. Public harm resulting from port operations is a serious <br />concern and inconsistent with the Port's fiduciary duties to the people of California and Public <br />Trust Doctrine principl es. <br />Consistent with applicable law, and in order lo avo id a repe a t of the C hina S hipping experience, <br />I write to recommend that you update all new and amended leases at the Port to push for <br />zero-emission technologies. To achieve this , th e Port should adopt and implement a policy <br />establishing that it will not use a statement of overriding considerations for air quality and <br />greenhouse gas emissions in its CEQA reviews unless the tenant agrees to the impl emen tation of <br />mitigation measures incorporating zero -e miss ion technologi es for off-road equipment and <br />dray age trucks. <br />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 <br />www 5,-0 c .1 gov <br />·~