Agenda - October 18, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, OCTOBER 18, 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.
CONVENING IN MEMORY OF PATRICK HODGES,
TONY PERKOV, AND JOHN GREENWOOD
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
Strategic Plan Update
Ports O’ Call RFQ Status
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes of the Regular Meetings of March 15, 2012, April 5, 2012, and April 19, 2012 for approval.
G. PRESENTATION
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 4)
Business and Trade Development
1. Re: RESOLUTION NO. ____________- APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND QUICKSILVER, INC., FTZ SITE 20C
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 Quiksilver, Inc. (Quiksilver) to activate its site within FTZ 202, Site 20C, located at 11310 Cantu Galleano Ranch Road, Mira Loma, California, 91752. Site 20C is a building within 141.79 acres of FTZ 202, Site 20. This site is approximately 50 miles north-east of the Port of Los Angeles (Port). Quiksilver will be operating its warehouses under the FTZ procedures. The proposed FTZ Operating Agreement (Agreement) will provide a term of five years with three, five-year renewal options.
Recommendation: Board resolve to (1) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Quiksilver, Inc.; (2) direct the Board Secretary to transmit the Foreign-Trade Zone Operating Agreement 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 Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No. _________.
Construction
2. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: DYNALECTRIC BERTH 228 AND BERTHS 401 - 406 ALTERNATIVE MARITIME POWER SPECIFICATION NO. 2746
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract is for the construction of the Berth 228 and Berths 401-406 Alternative Maritime Power (AMP) project. This work will provide AMP vaults and outlets at Berth 228 (Evergreen Terminal) and Berths 401-406 (APM Terminal). The lowest responsive and responsible bidder is KDC Inc., dba Dynalectric (Dynalectric), located in Los Alamitos, California. The contract amount plus a 5% contingency is $47,843,891 and the contract duration is 450 calendar days. This project is state funded under the Proposition 1B, Goods Movement Emission Program in the amount of $13,730,000.
Recommendation: Board resolve to (1) find that, in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (3) award the above mentioned contract for Item Nos. 1 through 19 of the proposal schedule to Dynalectric in the amount of $45,565,610; that a 5% contingency not included in the original contract amount be applied for a total authorization of $47,843,891; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 450 calendar days from the Notice to Proceed; (4) in accordance with City Charter 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No. ____________.
Environmental Management
3. Re: RESOLUTION NO. ____________- GRANT AGREEMENT WITH INTERNATIONAL METALS & ENERGY TECHNOLOGIES, LTD. UNDER THE CITY OF LOS ANGELES HARBOR DEPARTMENT AIR QUALITY MITIGATION INCENTIVE PROGRAM
Transmittal 1
SUMMARY: In November 2008, the Board of Harbor Commissioners (Board) awarded an Air Quality Mitigation Incentive Program (AQMIP) Grant in the amount of $740,000 to International Metals & Energy Technology, Ltd. (IMET), located in Northville, Michigan, to demonstrate their Greenpower Diesel Particulate Filter (DPF) Hydrated Engine Gas Recirculation (EGR) system on an ocean-going vessel (OGV). The City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 2815 with IMET to fund the project demonstration. During the original contract term, IMET's vessel equipment partner, Hyundai Merchant Marine (Hyundai), rescinded their partnership with IMET. Without a test vessel, IMET was unable to fulfill their scope of work prior to the expiration of the Agreement in November 2011. IMET has since formed a new partnership with Holland America Line (HAL) to evaluate and demonstrate the system. From the original grant amount, $155,419 was expended on technology research and development that is transferable to this effort, leaving a remaining balance of $584,581. IMET has committed to use the remaining funds to fulfill the updated scope of work.
Staff requests that the Board authorize and approve a new agreement with IMET to continue with the development and emissions testing of the IMET Greenpower DPF - Hydrated EGR on a HAL vessel.
Recommendation: Board resolve to (1) approve the three-year Air Quality Mitigation Improvement Program Grant Agreement between the City of Los Angeles Harbor Department and International Metals & Energy Technology, Ltd., in the not-to-exceed amount of $584,581; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.
External Relations
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 Harbor Association of Industry & Commerce.
Recommendation: Board resolve to (1) approve Tony Williamson as the new Harbor Association of Industry & Commerce Alternate Representative; and (2) adopt Resolution No. ____________.
REGULAR ITEMS (5 - 7)
Business and Trade Development
5. Re: TEMPORARY ORDER NO. ____________- AND PERMANENT ORDER NO. ____________ - AMENDING THE PORT OF LOS ANGELES TARIFF NO. 4, SECTION SIX "PASSENGER FEES" ITEM 605; SECTION TWELVE "WATER AND ELECTRICITY" ITEM 1210; AND SECTION ONE “DEFINITIONS” ITEM 100
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
SUMMARY: Alternative Maritime Power (AMP), or shore power, is an air emission reduction technology that allows ships to be powered by shore supplied electrical power while at berth rather than running their auxiliary diesel engines. The shore side electrical power system, or AMP, at the World Cruise Center (WCC) of the Port of Los Angeles (Port) is capable of handling the very large electrical loads required by cruise ships. The AMP landside infrastructure consumes significant electrical power, whether or not cruise ships are connected to shore supplied electrical power. In addition, the AMP electrical rate for cruise ships approved by the Board of the City of Los Angeles Department of Water and Power (LADWP) includes variable surcharges, a minimum billing amount of $10,000 per month and an Energy Subsidy Adjustment factor. Staff defines these projected LADWP rate components as AMP System Costs. The proposed Port of Los Angeles Tariff No. 4 (Tariff) amendments would provide a mechanism to recover AMP System Costs by charging each embarking and each disembarking passenger an additional fee of $0.30 effective January 1, 2013, whether or not they are traveling on a ship that is connected to shore power.
Recommendation: Board resolve to (1) approve the amendment to Port of Los Angeles Tariff No. 4, Items 605, 1210 and 100, subject to the California Association of Port Authorities' review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with California Association of Port Authorities' procedure; (2) adopt Temporary Order No.__________ and Permanent Order No.__________ to amend Item 605 of the Port of Los Angeles Tariff No. 4, section six "Passenger Fees"; Item 1210 of the Port of Los Angeles Tariff No. 4, section twelve "Water and Electricity"; and Item 100 of the Port of Los Angeles Tariff No. 4, section one "Definitions"; (3) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (4) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board and 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) and transmit the Temporary Order to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website, as regulated by the Federal Maritime Commission; and (5) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website, as regulated by the Federal Maritime Commission.
Clean Truck Program
6. Re: TEMPORARY ORDER NO. ___________ - AND PERMANENT ORDER NO. ____________ - AMENDING THE PORT OF LOS ANGELES TARIFF NO. 4, SECTION 20 - GENERAL RULES AND REGULATIONS - DRAYAGE TRUCKS
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff requests that the Board of Harbor Commissioners (Board) approve an amendment to the existing Port of Los Angeles (Port) Tariff No. 4 Section 20 to: (i) modify the definitions of “Drayage Truck” and “Heavy-Duty” so that both definitions apply to trucks with a Gross Vehicle Weight Rating (GVWR) of 14,001 pounds or greater, and (ii) obligate Marine Terminals without Radio Frequency Identification Device (RFID) readers to require Port-approved compliance stickers on all Drayage Trucks accessing their terminals effective January 1, 2013.
Recommendation: Board resolved to (1) approve the amendment to modify Items 2000, 2005, and 2025 in Port of Los Angeles Tariff No. 4 Section 20, Clean Air Action Plan - General Rules and Regulations, subject to California Association of Port Authorities review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with CAPA procedure; (2) adopt a Temporary Order and a Permanent Order to amend Items 2000, 2005, and 2025 in Port of Los Angeles Tariff No. 4 Section 20, Clean Air Action Plan - General Rules and Regulations; (3) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board of Harbor Commissioners and 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 to transmit to the City Council for approval the Permanent Order and Ordinance approving and authorizing the amendment to Tariff No. 4 pursuant to City Charter 653(a); and (5) authorize the Board Secretary to execute the Temporary Order, Permanent Order and Ordinance amending 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 Tariff No. 4 to the Port of Los Angeles website as regulated by the Federal Maritime Commission.
Environmental Management
7. Re: RESOLUTION NO. ____________- FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITY DOCK NO. 1 MARINE RESEARCH CENTER PROJECT (SCH NO. 2010121013)
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) certify the Final Environmental Impact Report (EIR) for the City Dock No. 1 Marine Research Center Project (Project) in accordance with the California Environmental Quality Act (CEQA), and approve the Project. The City Dock No. 1 Project involves the development of a marine research center within a 28-acre portion of the 400-acre San Pedro Waterfront Plan (SPWP) area along the west side of the Los Angeles Harbor’s Main Channel. The Project would be built out in two phases and involves the following major project elements:
Adaptive reuse of the transit sheds at Berths 57-60 to accommodate marine research laboratory, classroom, and meeting spaces within a collaborative environment to create research synergies among universities, colleges, government agencies, and business ventures;
Wharf retrofits of Berths 57-60 and related infrastructure, including a seawater circulation system and berthing facilities for large research vessels as well as street improvements;
Construction of a new building at Berth 56 with classrooms and a lecture hall/auditorium;
Relocation of the Southern California Marine Institute (SCMI) from its existing location at Berth 260 on Terminal Island to Berths 56 and 57;
Development of an interpretive center open to the public;
Establishment of a marine science business park/incubator space with offices and research laboratory space within Berths 58-60 transit sheds;
Installation of floating docks in the East Channel to accommodate smaller research vessels;
Integration with and development of the waterfront promenade along the water’s edge, consistent with the approved San Pedro Waterfront Project while not impacting the health and safety of the visiting public; and
Development of Berths 70 and 71, following the planned demolition and remediation of the existing Westway Terminal site. This development would include the construction of a new building for National Oceanographic and Atmospheric Administration (NOAA) operations, the use of existing berthing space for research vessels, and the construction of a new building to host a natural seawater wave-tank facility.
Prior to approving the Project, the Board will need to certify the Final 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.
Construction of the Project (Phase 1 and 2) is currently estimated to create 4,100 direct and indirect construction-related jobs. Once fully implemented, the Project would provide marine businesses and industries that would create local technology development and manufacturing job opportunities as well as the follow-on creation of new "green jobs."
Recommendation: Board resolve to (1) certify that the Final Environmental Impact Report for the City Dock No. 1 Marine Research Center 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, Greenhouse Gases, Cultural Resources, Noise and Cumulative Impacts; as defined by Public Resources Code sections 21068, 21080, 21082.2, and 21083 and the State of California Environmental Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (3) find that, in accordance with the provisions of the State of California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that substantially lessen or avoid the significant adverse environmental impacts identified in the Final Environmental Impact Report; (4) find that, in accordance with the provisions of the State of California Environmental 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, Greenhouse Gases, Cultural Resources, Noise and Cumulative Impacts remain significant and unavoidable even after all feasible mitigation is adopted; (5) 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; (6) find that, in accordance with Public Resources Code Section 21081(b) and State of California Environmental 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; (7) 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, lease measures, and conditions of the Project approval; (8) approve the Project identified in the Environmental Impact Report including all feasible mitigation measures, lease measures, and standard Project conditions with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (9) 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; (10) 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 (11) adopt Resolution No. ____________.
I. 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 - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Cheryl Morris v. City of Los Angeles, et al., United States District Court Case No. CV12-4911DMG (PJWx)
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.