Regular Agenda - February 06, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 06, 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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. APPROVAL OF THE MINUTES
Minutes of the Regular Meeting of November 7, 2013
F. PRESENTATION
Capital Improvement Projects - Mike Christensen, Deputy Executive
Director
Clean Truck Program/ Zero Emission Trucks Overview - Tim DeMoss, Environmental Management
G. SPECIAL ORDER OF THE DAY
Public Hearing
Planning & Economic Development
1(a) Re: ADOPTION OF THE PORT MASTER PLAN ADDENDUM
Pursuant to the California Coastal Act, as amended, the Los Angeles Harbor Department hereby gives notice to all interested persons, organizations, and agencies that the Board of Harbor Commissioners will reopen the public hearing on the PORT MASTER PLAN UPDATE to consider an ADDENDUM. The addendum consists of receipt, consideration of, and response to late California Coastal Commission comments as follows:
- A new subsection that addresses the Port's existing marine habitat mitigation bank;
- Clarifications on Coastal Development Permit processing;
- Corrections to procedures that cite Coastal Act regulations;
- Increased notification requirements for tenants acting in emergency situations; and
- Revised land use maps that clarify the location of proposed cut and fill projects.
1(b) Re: RESOLUTION NO. ____________ - ADOPTION OF THE PORT MASTER PLAN ADDENDUM
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt a Port Master Plan Addendum (Addendum) to the comprehensive update to the Port Master Plan and authorize the Executive Director to submit the Addendum to the California Coastal Commission (Coastal Commission) for certification, as required by the California Coastal Act (Coastal Act). The updated Port Master Plan was approved by the Board on August 8, 2013, and was received by the Coastal Commission for certification on August 26, 2013, after mandatory City Council review. Subsequent to formal receipt, Coastal Commission staff responded with comments and recommended changes. Staff has incorporated the changes into the Addendum. They generally consist of clarifications to policies and corrections to Implementation Guidelines that do not substantially alter the plan. Adoption of the Addendum would be contingent on a finding by the Board that the changes would not result in new significant environmental impacts.
Recommendation: Board resolve to (1) reopen the public hearing of April 4, 2013, to the Port Master Plan update for the proposed Addendum; (2) consider the Addendum to the certified Final Program Environmental Impact Report for the Port of Los Angeles Master Plan and find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15164, the proposed modifications will not result in any new significant environmental effects or any substantially more severe effects than previously analyzed in the certified Final Program Environmental Impact Report; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; (4) upon closure of the public hearing, adopt the Port Master Plan with Addendum; (5) authorize the Executive Director to submit the Port Master Plan Addendum to the California Coastal Commission for certification; and (6) adopt Resolution No.____________.
Public Hearing
Pursuant to the California Coastal Act of 1976, as amended, and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Bureau of Sanitation (BOS) is requesting a coastal development permit for the Terminal Island Renewable Energy Project (TIRE Project) at the Terminal Island Wastewater Treatment Plant (TIWTP). The TIRE Project is a demonstration project that produces methane gas, a renewable energy source, by injecting bio-solids deep underground. Staff is recommending that the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 14-03, a Level II appealable permit for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level II appealable Coastal Development Permit No. 14-03; (2) find that the proposed project is consistent 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; (3) upon closure of the public hearing, resolve to approve the issuance of a Level II appealable Coastal Development Permit No. 14-03, consistent with the project description listed on Application for Discretionary Project No. 131121-152 with the following Special Condition: Special Condition No. 1: CDP No. 14-03 allows the TIRE Project to continue operation so long as Permit 853 is in effect and as long as the TIRE project is in compliance with all other applicable laws, regulations, and rules; and (4) adopt Resolution No.____________.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (3- 5)
Commission Office
3. Re: RESOLUTION NOS. ____________ - APPOINTING MEMBERS TO THE GOVERNING BOARD OF THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY
a) Resolution No.____________ - Appointing Commissioner ____________ to the governing board of the Alameda Corridor Transportation Authority.
b) Resolution No.____________ - Appointing Interim Executive Director Gary Lee Moore, P.E. to the governing board of the Alameda Corridor Transportation Authority.
c) Resolution No.____________ - Appointing Michael Christensen as an alternate to the governing board of the Alameda Corridor Transportation Authority.
Recommendation: Board resolve to adopt subject Resolution Nos.____________.
4. Re: RESOLUTION NO. ____________ - APPOINTING COMMISSIONER ____________ TO THE GOVERNING BOARD OF THE INTERMODAL CONTAINER TRANSFER FACILITY JOINT POWERS AUTHORITY
Recommendation: Board resolve to adopt subject Resolution No.____________.
REGULAR ITEMS (6 & 7)
Environmental Management
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 also includes an additional element - a 31,760 square foot courtyard - that has been incorporated into the proposed lease. This element has also now been added to the IS/MND analysis. 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 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 Processors 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 Processors 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 Processors 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.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332, including intervention by City of Carson
Consolidated with:
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: California Cartage Company, Inc.
Agency claimed against: City of Los Angeles
3. 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