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HomeMy WebLinkAboutJune 7, 2013 EHC Letter from EHC to SDUPDAttachment "2" ENVIRONMENTAL HEALTH (SALMON June 7, 2013 121H140V11fAVE _, SUITE 2i02•NtHiANOIEnt CII'019511 (UP9 4EA-0220•WNW' _ENV100114E PhLkEILIE,ORC Chair Aim Moore and Port Commissioners San Diego Unified Port District PO Box 120488 San Diego, CA 92112 1 : EHC comments on P ASHA's request to amend its Terminal Operator Agreement Dear Chair Moore and Commissioners: Environmental Health Coalition (EHC) understands that PASHA and the Port are currently negotiating a significant update to its Terminal Operator Agreement (TOA). PASHA is a major tenant for the Port and receiver of benefits resulting from its prime land location. PASHA is also a major receiver of public subsidies —in both monetary and in -kind form. PASHA benefits from use of National City public parking areas where car carriers park and idle outside of the NCMT within National City. In addition, PASHA'S operation was prioritized by SANDAG to receive $151 million in public subsidy for NCMT Wharf Extension, Vehicle Processing Facility, and Berths 24-10 and 24-11, according to the 2050 San Diego Regional Goods Movement Strategy. While PASHA continues to thrive and expand its business with the support of the Port and other local agencies, it is fundamental the Port ensures the updated PASHA TOA guarantees mitigation of impacts to its neighboring community. The size and extent of the PASHA operations in National City has grown 10-fold since 1990, The first year, the company processed 30,000 cars; PASHA currently processes over 400,000 cars on a yearly basis and reached the 4 million mark in 2011. Its operation has grown significantly while impacting adjacent communities. The increases in impacts have not been analyzed or mitigated. This needs to be rectified before any additional land or capacity is allowed. EHC requests that the following issues be addressed and included as part of the updated PASHA TOA. 1. ENVIRONMENTAL REVIEW As a discretionary action the update of the TOA is subject to environmental analysis. Prior to issuance of an extension or expansion of leasehold areas, the Port must conduct the appropriate environmental analysis for the expanded actions. This action is a `project' under CEQA and, as such, requires environmental review. (PRC Section 21065). Mitigation measures to address environmental impacts from operation —direct and indirect —must be committed to for the expected life of the lease and all extensions. The assessment must result in mitigation measures that are incorporated into the TOA. EMPOWERING PEOPLE. ORGANIZING COMMUNITIES. ACHIEVING JUSTICE, EMPODERANDO A LA 6ENTE. ORBANIZANDO A LAS COMUNIOAOES. LOGRANOO LA JUSTICIA. The Port is required by CEQA to analyze and mitigate greenhouse gas (GHG) emissions, using measurable and enforceable measures, to a level that will be less than significant, based on the best available science (CEQA Guidelines § 15064.4). Recent court rulings have supported that the GHG reductions target of Executive Order S-3-05 to be based on the best available science to reach less than significant impacts. Therefore, PASHA should be required to reduce its GHG emissions to this less-than-siificant level. In addition, impacts to air quality (cars, tracks, rail), traffic, water quality, noise, loss of public use of land, water and energy use must all be evaluated and mitigated. CEQA guidelines also mandate analysis of a proposed project's potential energy use, including transportation -related energy, sources of energy supply, and ways to reduce energy demand, including through the use of efficient transportation alternatives. (CEQA Guidelines, Appendix F; PRC § 21100(b)(3)) . Finally CEQA requires that lead agencies must analyze potentially significant impacts associated with placing projects in hazardous locations, including locations potentially affected by climate change. (CEQA Guidelines § 15126.2(a),) The PASHA TOA should be required to review the impacts of locating near rising sea levels. All adaptation or greenhouse gas mitigation measures must be included for the life of the TOA and the project. 2. EXCLUDE K LOT AND PARCELS 028-007 and 028-007 The Port should disallow long-term leases or operation on parcels 025-010 parcel 4 (known as K Lot) or 028-007 (on 32ND street, north east of Pepper Park). Our members have been active in the Marina District Planning process to secure a quality bayfront experience for residents. We request that Lot K and Parcel 028-007 be held as the location for a focal community amenity like a community pool or active open space that will bring National City residents to the Marina District area. 3. PARCEL 02S-010: Parcel 025-010 shall remain as a Temporary Use area until National City and the Port have determined whether or not it is needed for a joint use project with the Port. The Port may be able to fund or develop a joint -use facility on trust lands Pursuant to the Port Act. Port lands may be used for "purposes in which there is a general statewide interest", including: For the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities. recreation and fishing viers. public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. (Port Act §87(a)(5). Old Town National City endures the impacts resulting from NCMT and the heavy truck traffic along the neighboring freeway. The joint use will work in collaboration with the City's efforts to reduce health impacts resulting from high levels of pollution in the Old Town neighborhood. The City of National City is searching for a receiving site for the City's Public Works Yard to give room to affordable housing. The planned affordable housing project resulted from a community planning process prioritizing growth and zoning that reduces environmental impacts. National City has already taken a proactive role to improve the health of Old Town residents. The joint use is the Port's opportunity to mitigate Port environmental impacts to its rnost immediate neighbor. 4. CAR STACKING STRUCTURE PASHA should be required to maximize its efficient use of premium land through the construction of a car stacking structure, in order to free up land for other uses. The NCMT bayside land is adjacent to deep water berthing, has easy freeway access, and is located close to the border. The single layer parking of thousands of cars is inefficient. The stacking structure will increase storage capacity and release bayside land for other community or public uses. The structure should be included in PASHA's Capital Investment requirements; and can include financing mechanisms facilitated by the Port via a low -interest loan or other means. A public grade commercial parking structure is not necessary here as it is not used by the public but more as a storage unit for PASHA's cars such. Such car storage is in use at other Ports. We understand that the past analysis was done for a parking structure which is more expensive than what is needed here. 5. TRUCK STAGING AREA Trucks that service PASHA currently "stage" or park on surface streets in the neighborhoods of National City. PASHA should be required to identify a location on the terminal where, beginning on January 1, 2014, all trucks may park on the terminal while waiting for dispatch. By January of 2015, PASHA shall complete a feasibility study on electrification of the truck staging area so that trucks might plug in to shoreside electricity while on the terminal. The staging area should include basic services for truck drivers as well. At all times, PASHA should ensure that trucks are in compliance with California's truck anti -idling regulation, the Air Toxics Control Measure to Limit Diesel -Fueled Commercial Motor Idling. 6. RAIL OPERATIONS & TRUCK OPERATIONS: NO NET EMISSIONS INCREASE. PASHA has stated its intention to increase the volume of cargo throughput at NCMT, and also to increase the proportion of that cargo that is shipped to or from the terminal by rail, rather than by truck. The lease must ensure that no net increases occur in PM2.5, diesel exhaust, sulfur oxides, or nitrogen oxide emissions on the terminal —from trucks, rail, or other shipping operations-- , relative to a base year of 2010. Reductions or offsets may come from any combinationof cleaner technology (for rail, trucks, and ships), cleaner fuels, reductions in truck traffic volume, or other reductions in combustion of fossil fuels from any operation at the terminal. To protect downstream communities from increases in emissions due to increases in rail traffic, PASHA shall require that linehaul locomotives that move PASHA cargo meet US EPA Tier 3 exhaust emission standards until January 1, 2015, and Tier 4 standards thereafter. 7. TRUCK ROUTES At such time as truck routes are established for National City Marine Terminal, PASHA shall inform all of its truckers of the route and establish a method of monitoring compliance with the route. 8. ENERGY EFFICIENCY AND RENEWABLE ENERGY PASHA should be required within six months of TOA amendment to have a third -par ty verified commercial grade energy savings audit, to examine demand management opportunities including efficiency upgrades, equipment retrocom_missionir_g, and on -site clean energy generation. Within three years, PASHA should be required to implement all energy demand management recommendations from the audit that have a collective payback of 15 years or less. By 2020 PASHA should be required to become a zero net electricity operation (electricity usage equals on -site clean energy generation). Any new construction undertaken by PASHA over the term of the lease should achieve net zero standards. 9. JOB OUTREACH TO LOCAL COMMUNITIES EHC encourages PASHA to commit to establishing a training and other outreach programs in National City that can lead to employment opportunities at the company. Facilitating the hire of local residents will benefit National City, PASHA, and the Port. It will enhance the relationship between PASHA and National City's community, it promotes equity, keeps taxpayers dollars locally, and reduces the environmental costs of long commutes. EHC recommends that PASHA be required to establish a training program or coordinate with existing local training programs, which serve local low-income community members, on curriculum and job placement. 10. CIRCULATION ANALYSIS: We request that a traffic and circulation analysis also be required so that truck routes and other traffic management measures can be established., PROPOSED NEXT STEPS We have been briefed by Port staff regarding the proposal for moving forward as outlined in the staff report. We support the two-part approach as long as the following conditions are met: 1. These additional requirements are added to the short amendment: a. A requirement not to idle tr',:cks being 1^aderl. b. PASHA should be required to comply with the energy measure outlined in #8 above. c. The Port designates an official truck route and PASHA agrees to educate its truckers to use it per #10 above. d. Efforts to improve job noticing and outreach be improved per #9 above. e. PASHA is not exempted from cost recovery for any port staff work beginning immediately. 2. The terra sheet includes a section of community impacts mitigation and greenhouse gas reductions including the rest of the items above where appropriate and that the window of the term sheet negotiation be conducted within 24 months. Further, future analysis should include thresholds of activity or impacts that trigger additional mitigation. 3. We further request that the Port agree that the `baseline' for P.:ture environmental review is the original permitted throughput of 30,000 cars per year using the technology of that year. This will give a more accurate picture in that it will reflect more real throughputs (300,000 to 400,000 cars a year) and clean truck technology. 4. For any future leases or amendments, we request that the burden of noncompliance be placed on the non -compliant tenant. Noncompliance should not be reliant on the District sending a letter of noncompliance. If a tenant seeks an extension to cornply, it should be incumbent on them to solicit an extension from the District in writing. There should also be explicit penalties for noncompliance. 5. In cases such as this one where a tenant seeks an automatic extension without timely completion of its capital improvement, interest should be paid to the Port for the time during which the expenditures were not made for the public benefit or the `automatic' extension should be shortened. EHC and our members will continue to be active in PASHA's new lease agreement and the Marina District Planning Process to secure a quality bayfront experience for residents. Our members are seeking the location of a focal community amenity like a community pool or active open space amenities that will bring National City residents to the Marina District area. This action is another reminder that the communities adjacent to the Port continue to bear the brunt of pollution from the marine terminals and they will bear the brunt of climate change if we don't act. The Port has a moral and legal responsibility to be a good neighbor and a steward of the public trust and take action on this and all future projects to ensure these impacts end. Thank you for the opportunity to comment on this important issue. Sincerely, Carolina Martinez Policy Advocate Joy Williams Research Director Laura Hunter Policy Advocate