Agenda - January 5, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JANUARY 5, 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 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. PRESENTATION
Water Resource Action Plan (WRAP), Kathryn Curtis
APL, EIR Update, Jan Green Rebstock, Environmental Management
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEM (1 & 2)
Environmental Management
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 09-2812 with Boshart Engineering, Inc. (Boshart), a California Corporation, in the amount of $348,120 to demonstrate and verify a diesel particulate filter to reduce nitrogen oxides (NOx) and particulate matter (PM) emissions in forklifts and top picks (Boshart Project). A new agreement has been developed to incorporate changes to scope and replace the previous agreement which expired in November 2011. There is no change in the funding amount.
Recommendation: Board resolve to (1) approve the Agreement between the City of Los Angeles Harbor Department and Boshart Engineering, Inc. for an amount not-to-exceed $348,120; (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. _______.
Commission Office
2. Re: RESOLUTION NO. - COMMISSION VICE PRESIDENT DAVID ARIAN TO TRAVEL TO HAMBURG, GERMANY
Recommendation: Adoption of the Resolution approving travel of Commissioner David Arian to Hamburg, Germany from January 10 - 13, 2012.
REGULAR ITEMS (3 & 4)
Real Estate
3. Re: RESOLUTION NO. ____________ - PROPOSED PERMIT NO. 897 WITH CATALINA CHANNEL EXPRESS, INC. FOR PREMISES IN SAN PEDRO, AT BERTHS 94 AND 95
Transmittal 1
SUMMARY: Catalina Channel Express, Inc. (Catalina) currently occupies 170,678 square feet (s.f.) of land in San Pedro, at Berths 95/96 under Permit No. 768. Proposed Permit No. 897 (Permit), a successor to Catalina's current Permit No. 768, would authorize Catalina to undertake construction, operation, and maintenance of a public passenger facility for a 25-year term at the proposed Premises, Berths 94/95. Catalina is making a substantial investment of approximately $2.8 million for the relocation. It is necessary to relocate Catalina, and its associated ancillary operations, from Berth 96 to accommodate the expansion of the China Shipping terminal. Failure to have Berth 96 available for the China Shipping Expansion in a timely fashion could subject the City of Los Angeles Harbor Department (Harbor Department) to penalties if the failure results in delaying the China Shipping expansion project. Thus, it is necessary to relocate Catalina to a new site and complete facility improvements essential to the relocation as quickly as possible.
Recommendation: Board resolve to (1) approve Permit No. 897 with Catalina Channel Express, Inc.; (2) direct the Board Secretary to transmit the Permit to the City Council for approval pursuant to Charter Section 606; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Permit upon Board approval contingent upon approval by the City Council; and (4) adopt Resolution No. .
Environmental Management
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has been awarded up to $25 million of grant reimbursement funding from the Proposition 1B - Goods Movement Emission Reduction Program (Prop 1B) to install Alternative Maritime Power (AMP) at ten berths at the Port of Los Angeles for up to $2.5 million per berth. Based on preliminary estimates and analysis of the eligible costs, the Harbor Department will be eligible to receive $23.7 million of the available funding to offset a portion of the total cost of $68.5 million for the ten berths. The money will be provided to the Harbor Department upon demonstration that a project is completed. The South Coast Air Quality Management District (SCAQMD) has been designated as the fiduciary agency for the grant and therefore the Harbor Department is required to enter into an agreement with SCAQMD to receive the funds. Per this Agreement, the Harbor Department commits to using AMP at each Prop 1B berth for at least ten years and at a specified minimum percentage per year. If the minimum percentages are not met, the Harbor Department must return a prorated portion of the Prop 1B funds to the SCAQMD.
Recommendation: Board resolve to (1) approve in substantial form the Agreement for acceptance of grant funds under the Proposition 1B - Goods Movement Emission Reduction Program, between the South Coast Air Quality Management District and the City of Los Angeles Harbor Department; (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. ___ .
H. 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
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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Catalina Channel Express, Inc. concerning proposed Permit No. 897:
Property: Berths 94-95, San Pedro, California
City Negotiator: Kathryn McDermott
Tenant Negotiator: Greg Bombard
Negotiating Parties: City and Catalina Channel Express, Inc.
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Evergreen Marine Corp. Taiwan, Ltd. concerning assignment of Permit No. 888:
Property: Berths 227-236, San Pedro, California
City Negotiator: Kathryn McDermott
Tenant Negotiator: Roy Amalfitano
Negotiating Parties: City & Evergreen Marine Corp. Taiwan, Ltd.
Under Negotiation: Price and Terms