Agenda - January 19, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JANUARY 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 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 - 4)
Clean Truck Program
1. Re: RESOLUTION NO. ____________ - APPROVAL OF COST SHARE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LONG BEACH FOR THE PORTS' DRAYAGE TRUCK REGISTRY
Transmittal 1
Summary: The Clean Truck Program (CTP) is a key component of the San Pedro Bay Ports Clean Air Action Plan (CAAP) that requires the entire fleet of drayage trucks serving the Port of Los Angeles and Long Beach (Ports) to meet U.S. Environmental Protection Agency (EPA) 2007 heavy-duty on-road emissions standards by January 1, 2012. As an essential part of the CTP, the Ports developed a drayage truck registry (DTR) to establish a database containing critical information on all drayage trucks servicing Ports' terminals. In general, the Port-owned DTR (PDTR) enables the Ports and Marine Terminal Operators to determine the eligibility of terminal access and is necessary in collection of annual truck registration fees. After receiving consultant support in developing the PDTR, the Port of Long Beach (POLB) Information Management Division undertook the responsibility for ongoing PDTR maintenance and hosting services in order to reduce the need for and cost of outside consultant services. POLB has been successfullyproviding these services for the benefit of both Ports since September of 2009 with the costs to be shared equally by the Ports. The requested action is for the Los Angeles Board of Harbor Commissioners (Board) to approve a Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and City of Long Beach, to each pay for 50% of the total PDTR maintenance and hosting services for up-to-a-maximum not-to-exceed amount of $144,190 (the Harbor Department's cost share portion). A portion of this amount, $42,380 is to reimburse POLB for the costs incurred pre-dating the Cost Share Agreement, for initial start-up and hosting and maintenance performed for the Harbor Department's benefit from September 2009 through December 2011.
Recommendation: Board resolve to (1) approve the proposed Cost Share Agreement between the Harbor Department and POLB for an amount not-to-exceed $144,190 for PDTR maintenance and hosting services, including initial start-up costs and services performed from September 2009 through December 31, 2014; (2) authorize the Executive Director to execute and Board Secretary to attest to said Cost Share Agreement for and behalf of the Board; and (3) adopt Resolution No. ____________.
Real Estate
2. Re: RESOLUTION NO. ____________ - PROPOSED PERMIT NO. 894 WITH THE UNIVERSITY OF SOUTHERN CALIFORNIA FOR PREMISES AT BERTH 194, WILMINGTON
Transmittal 1-2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) Permit No. 828 grants the University of Southern California (USC) the use of 23,200 square feet (s.f.) of land and 8,000 s.f. of water at Berth 194 in Wilmington for the operation of a boathouse, storage and launching of racing shells and related incidental purposes. Permit No. 828 had a three-year term, which expired on February 23, 2006. At that time, Permit No. 828 was placed on holdover status, with no increase in compensation, while USC explored potential facility expansion and modification plans. Permit No. 894 is recommended for a five-year term to allow the tenant to install temporary trailers for locker room purposes, while providing the Harbor Department flexibility should future development in the area require the property.
Recommendation: Board resolve to (1) approve Permit No. 894 with the University of Southern California; (2) direct the Board Secretary to transmit the proposed Second Amendment to City Council pursuant to Charter Section 606; (3) authorize the Executive Director and Board Secretary to execute and attest to the permit upon Board approval; and (4) adopt Resolution No. ____________.
3. Re: ORDER NO. ____________ - PROPOSED ASSIGNMENT AND ASSUMPTION OF PERMIT NO. 888 BETWEEN EVERGREEN MARINE CORPORATION (TAIWAN), LTD. AND EVERPORT TERMINAL SERVICES INC., A DELAWARE CORPORATION
Transmittal 1-3
SUMMARY: Proposed is a request to provide consent to the assignment and assumption of Permit No. 888 (Permit) between Evergreen Marine Corporation (Taiwan), Ltd. (EMC) and Everport Terminal Services Inc. (ETS). Permit 888 is a 32-year permit commencing on January 1, 1997 with a ten-year extension option. The Permit designates 153 acres including land, wharf, and water space to EMC with the company currently occupying approximately 140 acres. The facility has preferential use of seven berths and secondary use of another four berths.
Recommendation: Board resolve to (1) approve the Order ("Order") to consent to the assignment and assumption of Permit No. 888; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order and the Consent in the Assignment and Assumption of Permit No. 888 and Consent Thereto; and (3) adopt Order No. ____________.
Planning and Economic Development
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to extend the current bird exclusion structure at Inner Cabrillo Beach in San Pedro to the water's edge at low tide. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 12-01, a Level I non-appealable permit for the proposed project. Recommendation: Board resolve to (1) find that the proposed project is in conformity 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. 12-01, consistent with the project description contained in Application for Discretionary Project No. 110628-078; and (3) adopt Resolution No. ____________.
REGULAR ITEM No. 5
Planning and Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: In July 2011, the City of Los Angeles Harbor Department (Harbor Department) initiated a planning process for the development of a Terminal Island land use plan. A Terminal Island Plan Working Group (TIPWG) was established with Terminal Island tenants. A series of public working group meetings were held from July 2011 through November 2011 for the purpose of identifying current tenant operations, goals, and future needs. In November 2011, a proposed Terminal Island Land Use Plan was prepared based on the goals and input received through the working group. The proposed Terminal Island Land Use Plan is presented to the Board of Harbor Commissioners (Board) for its information only, in order to report on the results of the planning process that has been undertaken over the last six months. It is requested that the Board direct staff to initiate an update to the Port of Los Angeles Port Master Plan utilizing the proposed Terminal Island Land Use Plan as a framework for proposed land uses on Terminal Island. Preparation of a comprehensive update of the Port Master Plan would require an environmental assessment under the California Environmental Quality Act (CEQA) before it could be presented to the Board for consideration.
Recommendation: Board resolve to (1) authorize the Executive Director to direct Harbor Department staff to initiate a comprehensive update of the Port Master Plan; (2) authorize the Executive Director to initiate an environmental assessment in support of the comprehensive Port Master Plan update that will evaluate the proposed Terminal Island Land Use Plan as part of that process; and (3) 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. 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.