Agenda - July 19, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JULY 19, 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
"Boat 4" Fiftieth Anniversary
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
Audit Committee, Commissioner Doug Krause
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 7)
Commission Office
Business & Trade Development
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from Nippon Express U.S.A., Inc. (Nippon) located in Torrance, California, to exercise their first renewal option to extend their FTZ Operating Agreement No. 2606 (Agreement No. 2606) at FTZ 202, Site 7B. The original term of the agreement is five years with three, five-year renewal options. The original agreement commenced August 1, 2007 and is set to expire on July 31, 2012. Any change made to an original operating agreement between the Harbor Department and operators requires an amendment to the agreement. Upon approval, the First Amendment (Amendment) will extend Agreement No. 2606 for five years through to July 31, 2017. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 2606. All remaining terms and conditions of Agreement No. 2606 shall remain in full force and effect. There is no cost to the Harbor Department if approved.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 2606 between the City of Los Angeles Harbor Department and Nippon Express U.S.A., Inc.; (2) direct the Board Secretary to transmit the proposed First Amendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Extension to Foreign-Trade Zone Operating Agreement No. 2606; and (4) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. On May 1, 1998, the Harbor Department entered into Foreign-Trade Zone (FTZ) Operating Agreement No. 1995 (Agreement No. 1995) with TOSCO Refining Company (TOSCO) to operate FTZ 202, Site C. In January 2003, the Board of Harbor Commissioners (Board) approved the reassignment of Agreement No. 1995 from TOSCO to ConocoPhillips Company (COPCo). On July 2, 2008, the Board approved the First Amendment to extend Agreement No. 1995, assigned as Harbor Department Agreement No. 08-1995-A (Agreement No. 08-1995-A), for another five years. In March 2012, the Harbor Department received a request from COPCo assigning all of COPCo's rights and delegating all of its duties, past and prospective, in connection with Agreement 08-1995-A, to Phillips 66 Company (P66Co). COPCo also wishes to exercise their second renewal option to extend Agreement No. 08-1995-A. The original term of the agreement was for ten years with three, five-year renewal options which commenced May 1, 1998. The proposed Second Amendment (Amendment) will approve reassigning all rights and duties to P66Co as the new operator for FTZ 202, Site C and to extend the agreement for a second term of five years through to April 2018. Except as amended, all remaining terms and conditions of Agreement No. 08-1995-A shall remain in full force and effect. There is no cost to the Harbor Department if approved.
Recommendation: Board resolve to (1) approve the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 08-1995-A between the City of Los Angeles Harbor Department and Phillips 66 Company; (2) direct the Board Secretary to transmit the proposed Second Amendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed Second Amendment to Foreign Trade Zone Operating Agreement No. 08-1995-A; and (4) adopt Resolution No. ____________.
4. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 2633 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SCHAFER BROTHERS DISTRIBUTION CENTER, INC. FTZ 202, SITE 12
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from Schafer Brothers Distribution Center, Inc. (Schafer), located in Carson, California, to exercise their first renewal option to extend their FTZ Operating Agreement No. 2633 (Agreement No. 2633) at FTZ 202, Site 12. The original term of the agreement is five years with three, five-year renewal options. The original agreement commenced October 1, 2007 and is set to expire on September 30, 2012.
Any change made to an original operating agreement between the Harbor Department and operator requires an amendment to the agreement. Upon approval, the First Amendment (Amendment) will extend Agreement No. 2633 for five years through to September 30, 2017. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 2633. All remaining terms and conditions of Agreement No. 2633 shall remain in full force and effect. There is no cost to the Harbor Department if approved.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 2633 between the City of Los Angeles Harbor Department and Schafer Brothers Distribution Center Inc.; (2) direct the Board Secretary to transmit the proposed First Amendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Extension to Foreign Trade Zone Operating Agreement No. 2633; and (4) adopt Resolution No. ____________.
External Relations
5. Re: RESOLUTION NO. ____________ - FOR THE APPROVAL OF CHANGES TO THE MEMBERSHIP OF THE PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEE
Transmittal 1
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 Wilmington Neighborhood Council.Recommendation: Board resolve to (1) approve Jack Babbitt as the new Wilmington Neighborhood Council Voting Representative; and (2) adopt Resolution No. ____________.
Planning & Economic Development
6. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 12-08) TO APM TERMINALS PACIFIC LTD. FOR SECURITY IMPROVEMENTS
Transmittal 1
Transmittal 2
SUMMARY: APM Terminals Pacific Ltd. (APMT) seeks to install security improvements, including four radiation portal monitors (RPMs), an inspection booth, surveillance cameras, and related equipment at their Pier 400 terminal. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 12-08, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that this project will have no significant adverse environmental impacts as provided in the California Environmental Quality Act; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No. 12-08; consistent with the project description listed on Application for Discretionary Project No. 120501-050; and (3) adopt Resolution No. ____________.
Real Estate
Transmittal 1
SUMMARY: On July 28 2011, the City of Los Angeles Harbor Department (Harbor Department) awarded Executive Director Agreement No. E6604 (Agreement) California Dining Services (Cal Dining), located in Irvine, CA, for a term of one year to operate the Harbor Administration Building (HAB) cafeteria (Port Pantry) and provide vending machine, catering, and coffee services. This Agreement will expire on July 27, 2012.
The proposed First Amendment will: 1) extend the term of the Agreement for one additional year with an option to extend for an additional one-year term; 2)
increase the subsidy by five percentage points; 3) clarify the subsidy language; and 4) clarify language for purchasing cafe operations supplies.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for an outside contractor to perform this work than City employees; (2) approve the First Amendment to Agreement No. E6604 with California Dining Services; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. E6604; and (4) adopt Resolution No. ____________.
REGULAR ITEMS (8 - 13)
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) certify the Final Environmental Impact Report (EIR) for the Al Larson Boat Shop (ALBS) Improvement Project (Project) in accordance with the California Environmental Quality Act (CEQA), and approve the Project. The Project includes the demolition of some of the existing facility, creating new land by dredging, treating and sequestering contaminated sediment in two Confined Disposal Facility (CDF) cells creating 0.9 acres of land, construction of two concrete piers to support the new 100- and 600-ton mobile boat hoists, remediation of soil contamination, adding land to the ALBS leasehold, improving facility infrastructure, construction of a new office building, and renewal of the current lease for a 30-year term. Prior to approving the Project, the Board will need to certify the EIR, make specific Findings of Fact (FOF) regarding the significant environmental impacts of the Project and mitigation measures to reduce or avoid such impacts, adopt a Statement of Overriding Considerations (SOC) and adopt a Mitigation Monitoring and Reporting Program (MMRP) to track mitigation. With the application of mitigation measures, lease measures, and standard conditions of approval, significant and unavoidable impacts from the Project remain related to air quality, cultural resources, greenhouse gases (GHGs), noise, and cumulative impacts. The Project is anticipated to result in the addition of 20-30 construction jobs over a period of 24 months and 20-30 permanent jobs for ongoing operations.
Recommendation: Board resolve to (1) certify that the Final Environmental Impact Report for the Al Larson Boat Shop Improvement Project which has (a) been completed in compliance with the California Environmental Quality Act, with the State of California Environmental Quality Act Guidelines, and the Los Angeles City California Environmental Quality Act Guidelines, (b) was presented to the Board of Harbor Commissioners for review and the Board considered the information contained in the Final Environmental Impact Report prior to approving the Project, and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed; (2) adopt the Findings of Fact and Statement of Overriding Considerations; (3) find that, in accordance with the information contained in the Final Environmental Impact Report, the Project will have significant environmental effects on Air Quality, Biology, Cultural Resources, Greenhouse Gases, Noise and Cumulative Impacts; as defined by Public Resources Code sections 21068, 21080, 21082.2, and 21083 and the State of California Environment Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the State of California Environment Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project, which substantially lessen or avoid the significant adverse environmental impacts identified in the Final Environmental Impact Report; (5) find that, in accordance with the provisions of the State of California Environment Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, make infeasible certain mitigation measures and Project alternatives identified in the Final Environmental Impact Report. Impacts to Air Quality, Cultural Resources, Greenhouse Gases, Noise and Cumulative Impacts remain significant and unavoidable even after all feasible mitigation is adopted; (6) find that all information added to the Final Environmental Impact Report after public notice of the availability of the Draft Environmental Impact Report for public review but before certification merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (7) find that, in accordance with Public Resources Code Section 21081(b) and State of California Environment Quality Act Guidelines Section 15093, the benefits of the Project outweigh the significant and unavoidable environmental impacts of the Project, and adopt the Findings of Fact and Statement of Overriding Considerations; (8) adopt the Mitigation Monitoring and Reporting Program transmitted herewith as required by Public Resources Code, Section 21081.6. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, pursuant to the responsibilities of the City of Los Angeles Harbor Department, as lead agency, to monitor and verify Project compliance with those mitigation measures and conditions of the Project approval; (9) approve the Project identified in the Environmental Impact Report including all feasible mitigation measures, with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the Real Estate Division to incorporate by reference the Environmental Impact Report, mitigation measures, lease measures, standard Project conditions and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (11) authorize the Environmental Management Division to file the Notice of Determination for the Project with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; and (12) adopt Resolution No. ____________.
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt Port Master Plan Amendment No. 27 - Al Larson Boat Shop (Amendment No. 27), and authorize the Executive Director to submit Amendment No. 27 to the California Coastal Commission (Coastal Commission) for certification, as required by the California Coastal Act. Amendment No. 27 would permit the creation of 0.9 acres of fill to allow Al Larson Boat Shop (ALBS) to modernize and upgrade their existing facility in Fish Harbor. The newly created 0.9 acres would have an "industrial" land use designation.
Recommendation: Board resolve to (1) adopt Port Master Plan Amendment No. 27; (2) authorize the Executive Director to submit Port Master Plan Amendment No. 27 to the California Coastal Commission for certification; and (3) adopt Resolution No. ____________.
Executive Offices
Transmittal 1
Transmittal 1a
Transmittal 1b
Transmittal 1ci
Transmittal 1cii
Transmittal 1ciii
Transmittal 1d
SUMMARY: The Harbor Community Benefit Foundation (HCBF) hereby requests that the Board of Harbor Commissioners (Board) approve its use of the Port Community Mitigation Trust Fund (PCMTF) for grant awards to local clinics and other health service providers, for projects aimed at addressing health impacts from air pollution stemming from port operations. HCBF requests the Board to consider and approve funding for four grants totaling $350,000, and direct the California Community Foundation (CCF) to release the respective amounts of the grants from the PCMTF in a single disbursement. Staff has reviewed the proposal submitted by the HCBF and recommends approval in accordance with the Operating Agreement of the TraPac Memorandum of Understanding (TraPac MOU).
Recommendation: Board resolve to (1) approve Harbor Community Benefit Foundation's request to use the Port Community Mitigation Trust Fund to grant awards to local clinics and other health service providers, for projects aimed at addressing health impacts from air pollution stemming from port operations as Phase 1 of TraPac Memorandum of Understanding Exhibit A, Project C; (2) authorize the Executive Director or her designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $350,000 from the California Community Foundation to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation's request; and (3) adopt Resolution No. ____________.
Goods Movement
Transmittal 1
Transmittal 2
SUMMARY: In February 2012, the California Transportation Commission (CTC) approved programming of $56.581 million of State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the following two 11.
planned City of Los Angeles Harbor Department (Harbor Department) projects (for the construction phase):
Alameda Corridor West Terminus Intermodal Railyard (TraPac Terminal on-dock railyard): $20.712 million
Port of Los Angeles (POLA) Cargo Transportation Improvement-Emission Reduction Program (TraPac Terminal-automated component): $35.869 million
As part of the TCIF program, each recipient agency is required to enter into a "Baseline Agreement" with the CTC for each project. The "Baseline Agreement" is needed in advance of seeking the actual allocation of the funds, which requires another CTC approval. The "Baseline Agreement" sets forth the project scope, expected benefits, schedule, cost, and funding plan. If there are future changes in the projects' schedules and/or costs, the "Baseline Agreements" will need to be amended prior to the allocation of funds. Once approved by the Board of Harbor Commissioners (Board), these "Baseline Agreements" will be transmitted to the CTC for their approval which is expected to occur at their August 22, 2012 meeting.
Recommendation: Board resolve to (1) Approve the following two "Baseline Agreements" substantially as to form; a) Alameda Corridor West Terminus Intermodal Railyard "Baseline Agreement" and Port of Los Angeles Cargo Transportation Improvement-Emission Reduction Program "Baseline Agreement"; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, these two "Baseline Agreements," for and on behalf of the Board; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, future "Baseline Agreements" to account for revised project schedules and reduced project costs, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No. .
Information Technology
Transmittal 1
Transmittal 2
SUMMARY: The Information Technology (IT) Division is requesting approval of the First Amendment to Agreement No. 11-2978 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Trinus Corporation (Trinus), located in Glendale, California, to provide specialized information technology services for the Construction and Engineering 12. Divisions' specific computer-based systems. On May 19, 2011, the Agreement was approved by the Board of Harbor Commissioners (Board) as a three-year agreement in the amount of $600,000. The proposed First Amendment (Amendment) would increase the total agreement amount by $300,000, for a new total not-to-exceed $900,000. The First Amendment amount will be capitalized in the Capital Improvement Program (CIP) budget. The Agreement expiration date of June 8, 2014 remains the same.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work covered under this Amendment can be performed more feasibly by an independent consultant rather than by City employees; (2) approve the First Amendment to Agreement No. 11-2978 with Trinus Corporation for specialized information technology services to increase the total agreement amount by $300,000 from $600,000 to $900,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment for and on behalf of the Board; and (4) adopt Resolution No. _____________.
Real Estate
Transmittal 1
SUMMARY: The proposed First Amendment to Permit No. 850 with Princess Cruise Lines, Ltd. (Princess), a subsidiary company to Carnival Corporation & PLC (Carnival), will provide all Carnival brands the same permitted uses under Permit No. 850.
The First Amendment will allow the current nine additional Carnival brands, in addition to Princess, to berth its cruise ships, embark and disembark passengers and luggage, and store the ships with goods, wares, fuel, and merchandise, as well as conduct other cruise-related activities at the Los Angeles World Cruise Center (Cruise Terminal). The First Amendment will also enable all Carnival brands to participate in the lower passenger fee offered through Permit No. 850, currently set at $7.81 per passenger, including dockage and vessel stores fees. This lowering of the passenger fee may generate increased tourism and economic activity in the City of Los Angeles, where each cruise ship call generates approximately $970,000 in local economic activity.
Recommendation: Board resolve to (1) approve the First Amendment to Permit No. 850 with Princess Cruise Lines, Ltd.; (2) direct the Board Secretary to transmit the amendment to City Council for approval pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the amendment upon approval by City Council; and (4) adopt Resolution No. ____________.
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. 08-56503
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one case.
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 (one case).
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.