Agenda - May 3, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MAY 3, 2012 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Dr. Sung Won Sohn
A. OPENING STATEMENT-AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD.
AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL'S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 5)
Environmental Management
SUMMARY: The San Pedro Bay Ports Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) Advisory Committee has reviewed and recommended funding for the Hug Filtersystems (Hug) Tier IV Tug Retrofit Demonstration Project (Project). The Project proposes to retrofit the tug boat named “Arapaho” operated by Sause Bros. with the HUG Mobiclean® system. The system is designed to reduce Tier II engine emissions to Tier IV levels or better. The total Project cost is $531,308, with co-funding in the amount of $100,000 anticipated from the South Coast Air Quality Management District (SCAQMD). The contribution from the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (POLB) (Ports) is $265,654 under a contract to be entered into and administered by the POLB. The remaining balance of the Project cost, $165,654, will be paid by Hug Engineering, Inc.
(Hug Engineering), located in Switzerland. The proposed action is to approve a Supplemental Cost Share Agreement (Agreement), under which the Harbor Department will reimburse POLB for fifty percent (50%) of the joint port contribution in the amount of $132,827.
Recommendation: Board resolve to (1) approve the Supplemental Cost Share Agreement between the City of Los Angeles Harbor Department and Port of Long Beach for the reimbursement of $132,827 to the Port of Long Beach from the Harbor Department as established by the Clean Air Action Plan Master Cost Share Agreement No. 2546; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Supplemental Cost Share Agreement, for and on behalf of the Board; and (3) adopt Resolution No. ____________.
External Relations
SUMMARY: As required by the Port of Los Angeles Community Advisory Committee (PCAC) By-laws, the Board of Harbor Commissioners (Board) is being asked to approve changes in the PCAC membership for the Central San Pedro Neighborhood Council.
Recommendation: Board resolve to (1) approve Annette McDonald as the new Central San Pedro Neighborhood Council Alternate Representative; and (2) adopt Resolution No. ____________.
Office of the City Attorney
SUMMARY: The Office of the City Attorney requests approval of a Seventh Amendment (Seventh Amendment) to Agreement for Professional Legal Services No. 2519 (Agreement No. 2519) between the City of Los Angeles (City) and Kaye Scholer LLP (Kaye Scholer), increasing the term by one year to January 3, 2014 and increasing the compensation by $288,000 to an amount not to exceed $8,041,679.
Recommendation: Board resolve to (1) approve the Seventh Amendment to Agreement No. 2519 with Kaye Scholer in the form attached as Transmittal 1, increasing the term by one year to January 3, 2014 and increasing the compensation by $288,000 to an amount not to exceed $8,041,679; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Seventh Amendment to Agreement No. 2519; (3) authorize and direct the Board Secretary to forward the Seventh Amendment to Agreement No. 2519 to the City Council for its approval pursuant to Section 373 of the City Charter and Section 10.5(a) of the Los Angeles Administrative Code; and (4) adopt Resolution No.____________.
Real Estate
SUMMARY: Approve the proposed Joint Revocable Permit (JRP) among the City of Los Angeles Harbor Department (Harbor Department), the Port of Long Beach (POLB), and Equilon Enterprises, LLC doing business as Shell Oil Products US (Equilon) for the use and maintenance of a subsurface 8-inch jet fuel pipeline. The pipeline crosses underneath a portion of the jointly-owned Alameda Corridor right-of-way (ROW), located in the City of Carson between Sepulveda Boulevard and Lomita Boulevard. The nonexclusive pipeline right-of-way will allow Equilon to transport jet fuel to its ultimate destination, Los Angeles International Airport (LAX).
Recommendation: Board resolve to (1) approve the proposed Joint Revocable Permit with the Equilon Enterprises, LLC doing business as Shell Oil Products US; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Joint Revocable Permit; and (3) adopt Resolution
No. ____________.
Wharfinger
5. Re: ORDER NO. ____________ AUTHORIZE DISPOSAL OF ABANDONED FISHING VESSEL, BETSY ROSS II
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting that the Board of Harbor Commissioners (Board) declare the vessel BETSY ROSS II, Official No. 257-966 abandoned, and allow the Harbor Department to dispose of the vessel. The BETSY ROSS II is a 37.5 foot wood fishing vessel built in 1949 and powered by a single diesel engine.
The Wharfinger Division was notified on February 10, 2012, by Mrs. Bonnie Shaw, that her husband, Joseph W. Shaw, the sole owner of the fishing vessel BETSY ROSS II, had passed away on January 29, 2012. Mrs. Shaw communicated to Wharfinger staff that she had no interest nor did she want to take possession of the fishing vessel. In addition, Bonnie Shaw attempted to contact Mr. Shaw’s two adult children from a previous relationship. Mr. Shaw’s daughter stated she has no interest in the fishing vessel and his son could not be reached. On March 9, 2012, the Wharfinger Division received written consent from Mrs. Shaw agreeing to the vessel being declared abandoned by the Harbor Department and destroyed.
This vessel is considered at risk because of its unseaworthy and dilapidated condition, is filled with 100 gallons of fuel, and has no watchman. Recently, for safety reasons, the vessel originally moored at Fish Harbor, was moved to Construction and Maintenance’s dock at Berth 161 because it started to take on water.
Recommendation: Board resolve to (1) find and declare the fishing vessel, BETSY ROSS II (Official Number 257-966) abandoned, pursuant to Port of Los Angeles Tariff No. 4, Item No. 1670; (2) instruct the Board Secretary to publish a copy of the Board Order in the manner of ordinances of the City; (3) authorize the destruction and disposal of the vessel upon the expiration of the prescribed 10-day notification period; and (4) adopt Order No. ____________.
REGULAR ITEMS (6 - 9)
Planning & Economic Development
SUMMARY: Staff is recommending that the Board of Harbor Commissioners (Board) approve the proposed agreement between the City of Los Angeles Harbor Department (Harbor Department) and VOX Entertainment, Inc. (VOX), Los Angeles, California to provide professional services as a promoter/organizer to produce entertainment, cultural, and sporting events at sites along the San Pedro and Wilmington waterfronts. VOX will be responsible for outlining a Special Events Program plan, staging quality special events attracting local and regional visitors, and coordinating and promoting events proposed to the Harbor Department by third party event promoters.
The proposed agreement has a one-year term with two additional one-year renewal options with a total cost of $0. VOX will be compensated through revenues generated from their events and by third party event promoters for event coordination efforts as per the rates specified in Exhibit B of the agreement.
Recommendation: Board resolve to (1) approve the subject agreement with VOX Entertainment, Inc. for a term of one year with two additional one-year renewal options with a total cost of $0; (2) authorize the Executive Director to approve the two additional one-year renewal options on behalf of the Board, subject to VOX Entertainment, Inc. meeting the terms of the agreement; and (3) adopt Resolution No. ____________.
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes to distribute Draft Port Master Plan Amendment No. 27 – Al Larson Boat Shop (Draft Amendment No. 27), publish the Notice of Completion for Draft Amendment No. 27, and schedule a public hearing on the draft amendment, as required by the California Coastal Act. Draft Amendment No. 27 would allow Al Larson Boat Shop (ALBS) to modernize and upgrade their existing facility in Fish Harbor and addresses the creation of 0.9 acres of new land. The newly created 0.9 acres in Fish Harbor would be located in Planning Area 8 and would have an “industrial” land use designation.
Recommendation: Board resolve to (1) approve the distribution of Draft Amendment No. 27 to interested persons, organizations, and governmental agencies, including the California Coastal Commission and all tenants of the Port of Los Angeles; (2) approve the publication of the Notice of Completion for the subject amendment; (3) hold a public hearing for Draft Amendment No. 27 at the Board of Harbor Commissioners’ regularly scheduled meeting on Thursday, June 7, 2012, at 8:30 a.m. at the Harbor Administration Building, 425 S. Palos Verdes Street, San Pedro, California 90731; and (4) adopt Resolution No. ____________.
Environmental Management
SUMMARY: Staff requests that the Board of Harbor Commissioners (Board) approve and adopt an amendment to Port of Los Angeles (Port) Tariff No. 4 to add a new Environmental Ship Index (ESI) incentive program to accelerate implementation of ocean-going vessel (OGV) emission reductions under the San Pedro Bay Ports Clean Air Action Plan (CAAP). ESI is an international clean ship indexing program developed through the International Association of Ports and Harbors (IAPH) World Ports Climate Initiative (WPCI). ESI assigns clean ship ratings to vessels, and ports can provide incentives to reward top performers.
The goals of this program are for operators to participate in the ESI incentive program by purchasing the cleanest available fuel, deploying the newest and cleanest ships to call at the Port, installing shore power technology on-board, and demonstrating nitrogen oxides (NOx) and diesel particulate matter (DPM) reduction technologies from main engines through the City of Los Angeles Harbor Department’s (Harbor Department) Technology Advancement Program (TAP). The ESI incentive program is scheduled to begin July 1, 2012 with an estimated first-year cost of $450,000.
Recommendation: Board resolve to (1) approve an amendment to add new item 2060 – Voluntary Environmental Ship Index Incentive Program in the Port of Los Angeles Tariff No. 4, Section 20, Clean Air Action Plan – General Rules and Regulations, subject to California Association of Port Authorities (CAPA) review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedure; (2) adopt Temporary Order No. 12 - ____________ and Permanent Order No. 12 - ____________ amending Section 20, Clean Air Action Plan – General Rules and Regulations, and adding Item 2060 – Voluntary Environmental Ship Index Incentive Program to the Port of Los Angeles Tariff No. 4; (3) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board and, after CAPA approval of the tariff (or Executive Director notice of taking independent action in accordance with CAPA procedure) to cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not to exceed 90 days pursuant to Charter Section 653(b); (4) direct the Board Secretary, after CAPA approval of the tariff (or Executive Director notice of taking independent action in accordance with CAPA procedure), to transmit to the City Council for approval the Permanent Order and Ordinance approving and authorizing the amendment to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); and (5) authorize the Board Secretary to execute the Permanent Order and proposed Ordinance amending Port of Los Angeles Tariff No. 4, and upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation of the tariff change and posting the amended Port of Los Angeles Tariff No. 4 to the Port’s website as regulated by the Federal Maritime Commission.
Executive Office
SUMMARY: Development of the proposed City Dock No. 1 Urban Marine Research Center (Research Center) project, currently under environmental review, is estimated to cost approximately $63 million for Phase 1 and an additional $353 million for Phase 2. In consideration of the substantial capital development fundraising needs for construction of the proposed Research Center, the on-going need to coordinate and maintain joint infrastructure for the Research Center users and tenants, and the anticipated benefits of the Research Center to the communities adjacent to the Port of Los Angeles and the region, support for the establishment of an independent California Nonprofit Corporation (Nonprofit) to develop and oversee the proposed 28-acre Research Center is recommended. The City of Los Angeles Harbor Department (Harbor Department) would establish terms with the Nonprofit to ensure appropriate Harbor Department control over the property.
Recommendation: Board resolve to adopt Resolution No. ____________, which (1) supports the development of an independent California Nonprofit Corporation by a third party or parties as yet to be identified, with the capabilities to implement the proposed Research Center in collaboration with potential Project users and tenants, in order to enter into a lease with the City of Los Angeles Harbor Department to develop, operate and maintain the proposed Project, if approved by the Board; (2) supports the Executive Director working with the Nonprofit, pending completion of environmental analyses of the proposed Research Center project pursuant to California Environmental Quality Act and the National Environmental Policy Act and project approval, to discuss preliminary general lease terms for the future development, operation, and maintenance of the proposed Research Center, including but not limited to, expectations related to capital fundraising, user/tenant cooperative agreements and sub-leases, compensation, entitlement term, operations and maintenance responsibilities, and plans for the proposed Research Center to be self-sufficient; and (3) reserves the right to consider and act on the proposed City Dock No. 1 Urban Marine Research Center project, as well as the right to consider and act on any entitlement proposed with the Nonprofit.
G. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
American Trucking Associations, Inc. v. City of Los Angeles, et al., United States District Court Case No. 08-04920-CAS, and United States Court of Appeals for the Ninth Circuit Case No. 10-56465, and U.S. Supreme Court Case No. 11-798
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of EPA order on ACTA property.
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of claim of Crimson Pipeline L.P. against the City of Los Angeles.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Pacific Battlefield Center concerning a proposed permit:
Property: Berths 87-89, San Pedro, California
City Negotiator: Carol Wianecki
Tenant Negotiator: Robert Kent
Negotiating Parties: City and Pacific Battlefield Center
Under Negotiation: Price and Terms
Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.
Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will endeavor to post the revised agenda on the Port’s web site (http://www.portoflosangeles.org). Updated agendas also will be available in hard copy at the meeting. Live Board meetings can also be heard at: (213) 621-City (Metro), (818) 904-9450 (Valley), (310) 471-City (Westside) and (310) 547-City (Harbor).
As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.
Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission office at (310) 732-3444.
Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.