Regular Agenda - January 23, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JANUARY 23, 2014 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
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.
CONVENE IN MEMORY OF RICKEY KIRK
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. PRESENTATION
Introduction to POLA Finance - Karl Pan, Chief Financial Officer
The Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) - Michael Galvin, Director of Special Projects
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEM NO. 1
Environmental Management
1. Re: RESOLUTION NO. ____________ - APPROVAL TO SUBMIT APPLICATIONS FOR FUNDING TO THE NATIONAL DIESEL EMISSION REDUCTION ACT ASSISTANCE PROGRAM
SUMMARY: The Diesel Emissions Reduction Act (DERA) Assistance Program was created under the Energy Policy Act of 2005. DERA gives the United States Environmental Protection Agency (U.S. EPA) new grant and loan authority for promoting diesel emission reductions and authorizing appropriations. In December 2011, DERA grants were reauthorized for fiscal year (FY) 2012 through FY 2016. In the current solicitation, US14488 Projects to Improve Air Quality at Ports FY 2013, U.S. EPA is requesting proposals from public port authorities for projects that result in significant reductions of diesel emissions at marine and inland water ports. A total of up to $2,000,000 per applicant is available through this solicitation. The City of Los Angeles Harbor Department (Harbor Department) intends to submit applications for funding for various tenant projects. Receipt of these grant funds would help the Harbor Department meet the goals of the San Pedro Bay Ports Clean Air Action Plan (CAAP) by facilitating retrofit or replacement of mobile port equipment to reduce diesel emissions. Applications are due February 13, 2014, with award notification expected to be made by March 28, 2014. The project period is expected to begin on May 1, 2014, with an estimated project completion deadline of September 30, 2016. The Harbor Department is seeking the ability to apply for and accept the U.S. EPA DERA funding.
Recommendation: Board resolve to (1) authorize and direct the Executive Director to apply for funding from the Diesel Emission Reduction Act Assistance Program under Grant US14488 - Projects to Improve Air Quality at Ports - for the City of Los Angeles Harbor Department tenant projects; (2) authorize and direct the Executive Director to negotiate, and return to the Board for approval, the Diesel Emission Reduction Act funding assistance agreements with the United States Environmental Protection Agency for Diesel Emission Reduction Act monies awarded to the City of Los Angeles Harbor Department; consistent with the provisions of this Board report and the United States Environmental Protection Agency Diesel Emission Reduction Act Request for Proposals, subject to approval of the City Attorney as to form and legality; (3) authorize and direct the Executive Director to negotiate and return to the Board for approval agreements with the City of Los Angeles Harbor Department tenants regarding tenant projects awarded Diesel Emission Reduction Act funds, with no cost to the Harbor Department, consistent with the provisions of this Board report and the United States Environmental Protection Agency Diesel Emission Reduction Act Request for Proposals, subject to approval of the City Attorney as to form and legality; and (4) adopt Resolution No.____________.
REGULAR ITEMS (2- 6)
Business & Trade Development
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes developer agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from Cognac Pacific Gateway, LLC (Cognac) to execute its first renewal option to extend the term of FTZ Developer Agreement No. 08-2723 (Agreement) at FTZ 202, Site 7, located in Torrance, California. Cognac is a real estate investment firm whose principal address is located in San Francisco, California. The original term of the Agreement is five years with three, five-year renewal options. The original Agreement commenced on February 1, 2009 and is set to expire on January 31, 2014. Any change made to an original developer agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed First Amendment (Amendment) will extend the Agreement for five years through January 31, 2019. Also, Cognac recently notified the Harbor Department that some to the buildings shown in the original attachment map are no longer owned by Cognac. A newly revised site map clearly outlines new property lines. All remaining terms and conditions of the Agreement shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 08-2723 between the City of Los Angeles Harbor Department and Cognac Pacific Gateway, LLC; (2) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 08-2723 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 Amendment to Foreign-Trade Zone Developer Agreement No. 08-2723; and (4) adopt Resolution No.__________.
Port Police
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Understanding/Agreement (MOU/A) with the Federal Law Enforcement Training Centers (FLETC). This partnership will further the cooperative relationship to partner and develop training standards and strategies for the protection of America's waterways and ports. The MOU/A will also provide training opportunities for Federal, State, local, and other law enforcement agencies who until recently were not able to collectively enhance professional skills in response to routine and emergency maritime matters. FLETC's public safety training resources are internationally recognized, but its ability to accommodate non-Federal students is limited. To fill this gap, FLETC is requesting to partner with the Harbor Department at the Regional Maritime Law Enforcement Training Center (MLETC). The MLETC West Coast training venue enables FLETC to provide training options to its often one-year waiting list of non-Federal agencies. In turn, partnering with FLETC is vital for the Harbor Department to increase its pool of potential students to MLETC, thereby increasing the opportunity to generate revenues to offset operating costs of the training center. Training in maritime law enforcement and counterterrorism
techniques will be conducted at the MLETC located at 300 E. Water Street, Wilmington, California. The MOU/A will become effective upon its full execution and is for a term not to exceed five years.
Recommendation: Board resolve to (1) approve the Memorandum of Understanding/Agreement between the Federal Law Enforcement Training Centers and the City of Los Angeles Harbor Department regarding the Regional Maritime Law Enforcement Training Center; (2) authorize the Interim Executive Director to execute and the Board Secretary to attest to the proposed Memorandum of Understanding/Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Environmental Management Division (EMD) requests approval of Contract No. 39679 with B&D Construction Company, Inc. (B&D Construction) of Upland, California, for the removal and off-site disposal of approximately 13,500 tons of contaminated soil from the former Southwest Marine property (SWM Site) at Berth 240. The contract amount is $2,291,854, and the contract duration is six months (180 days). This is a fixed fee contract with no contingencies.
Recommendation: Board resolve to (1) approve Contract No. 39679 with B&D Construction Company, Inc. for a total not-to-exceed amount of $2,291,854 for a maximum term of six months; (2) authorize the Executive Director to execute and Board Secretary to attest to said contract, for and on behalf of the Board; (3) adopt Resolution No.____________.
Transmittal 1
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Fisherman's Pride Processors Inc. (FPP) Project (Project), along with the comments and responses to comments; approve the Project described in the Final IS/MND; make specific findings regarding the environmental impacts of the Project and mitigation measures to reduce or avoid such impacts; adopt a Mitigation Monitoring and Reporting Program; and approve the Project described in the Final IS/MND. The Project includes improvements to three existing buildings of the former Chicken of the Sea (COS) cannery complex, construction of a structure to house mechanical equipment, repaving and landscaping of a parking area, and installation of a fish pump at Berth 265. The Project would increase the current FPP operation at the site and provide for a lease of up to 20 years. Approval of the lease will be brought before the Board in a separate future action.
Recommendation: Board resolve to (1) find that, based on the information contained in this report and the Final Initial Study/Mitigated Negative Declaration for the Fisherman's Pride Processors Inc. Project, and with incorporation of mitigation measures contained in the Initial Study/Mitigated Negative Declaration, that the project would not have a significant effect on the environment pursuant to Public Resources Code § 21080 and the State California Environmental Quality Act (CEQA) Guidelines § 15070; (2) adopt, pursuant to State CEQA Guidelines § 15074, the Final Initial Study/Mitigated Negative Declaration for the Fisherman's Pride Processor's Inc. Project which (a) has been completed in compliance with CEQA, the State CEQA Guidelines, and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the CEQA Lead Agency; (3) find that all information added to the Final Initial Study/Mitigated Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and that recirculation is not necessary; (4) adopt the Mitigation Monitoring and Reporting Program contained in the Final Initial Study/Mitigated Negative Declaration as required by Public Resources Code Section 21081.6 and State CEQA Guidelines § 15074. 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, and identifies the responsibilities of the City of Los Angeles Harbor Department as lead agency and other applicable entities, to monitor and verify project compliance with those mitigation measures and conditions of project approval; (5) in consideration of the Final Initial Study/Mitigated Negative Declaration, together with the comment letters received and the response to comments, approve the Fisherman's Pride Processor's Inc. Project; (6) direct the Real Estate Division to incorporate by reference the Final Initial Study/Mitigated Negative Declaration, mitigation measures, lease measures, and the Mitigation Monitoring Reporting Program contained in the Final Initial Study/Mitigated Negative Declaration into any and all permits, lease agreements, or assignments encompassed in the approved Fisherman's Pride Processor's Inc. Project; (7) authorize the Environmental Management Division to file the Notice of Determination for the subject project with the Los Angeles City and County Clerks; and (8) adopt Resolution No.____________.
Real Estate
Transmittals
SUMMARY: The proposed action will grant a ten-year permit, with two five-year options, to Fisherman's Pride Processors, Inc., dba Neptune Foods (Neptune) to establish a seafood processing facility at 338 Cannery Street in Fish Harbor on Terminal Island.
Recommendation: Board resolve to (1) approve the proposed permit with Fisherman's Pride Processors, Inc. dba Neptune Foods; (2) direct the Board Secretary to transmit the proposed permit to the 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 permit upon approval by the Board and City Council; and (4) adopt Order No.____________.
G. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O'Call site:
Property: Berths 74-83, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiators: Eric Johnson, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 306 granted to Ultramar, Inc. (Valero):
Property: Berth 164
City Negotiator: Michael Galvin
Tenant Negotiator: Steve Faichney
Negotiating Parties: City and Ultramar, Inc. (Valero)
Under Negotiation: Price and Terms
G. (Continued)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 92-24 granted to Phillips 66 Company:
Property: Berths 148-151
City Negotiator: Michael Galvin
Tenant Negotiator: David Ching
Negotiating Parties: City and Phillips 66 Company
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 560 granted to Vopak Terminals North America, Inc.:
Property: Berths 191-194
City Negotiator: Michael Galvin
Tenant Negotiator: Mike LaCavera
Negotiating Parties: City and Vopak Terminals North America, Inc.
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 704 granted to ExxonMobil Pipeline Company:
Property: Berths 238-240
City Negotiator: Michael Galvin
Tenant Negotiator: Johann Song
Negotiating Parties: City and ExxonMobil Pipeline Company
Under Negotiation: Price and Terms