REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 18, 2016 AT 8:30 A.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. Opening Statement
ORDER OF BUSINESS
OPEN SESSION
B. Roll Call
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
Regular Meeting of February 4, 2016
H. Presentation
Eastview Little League
I. Level I Coastal Development Permit Report
The Executive Director has approved one Level I CDP:
CDP No. 16-03 Pioneer Green Energy - Removal of a wind measurement device and demolition of a concrete pad
J. Board Reports of the Executive Director
Consent Items (1 - 4)
Commission Office
Recommendation: Board resolve to adopt subject Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit (RP) No. 14-11 between the City of Los Angeles Harbor Department (Harbor Department) and Ardagh Metal Packaging USA Inc. (Ardagh). The proposed action will grant Ardagh approximately 378,481 square feet of land, which includes approximately 257,184 square feet of warehouse space at 936 and 938 Barracuda Street in the Fish Harbor area of Terminal Island. The premises will be used for producing, storing, and distributing metal cans and related uses. The RP will be retroactive to December 11, 2012. Upon execution of the RP, Ardagh will pay the Harbor Department a retroactive lump sum rent. Moving forward, Ardagh will pay monthly rent of $74,583 escalating annual by the Consumer Price Index (CPI). The RP will be revocable by either party upon 90 days' written notice and will terminate no later than 36 months after execution. The proposed RP is being brought to the Board of Harbor Commissioners (Board), as the proposed annual rent exceeds the $150,000 threshold that the Executive Director is authorized to grant without Board approval.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Section 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Revocable Permit No. 14-11 with Ardagh Metal Packaging USA Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 14-11; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Orders directing ExxonMobil Oil Corporation and Southern California Gas Company to relocate pipelines interfering with the Berths 212-224 Terminal Island Container Transfer Facility (TICTF) Expansion Project (Project). The Los Angeles Harbor Department (Harbor Department) plans to install a new loading rail track that will be added to the existing TICTF on-dock rail yard as part of the Project. The additional operational on-dock rail track is needed for Yusen Terminals LLC (YTI) to have the capacity to efficiently accommodate an increase in peak container volumes associated with larger container ships calling at YTI's terminal. However, to accommodate the Project, several underground pipelines from two utility companies must first be removed, relocated, or protected in place. The proposed Orders will serve as notice to impacted Harbor Department pipeline tenants, in accordance with each pipeline tenant’s permit, to remove or relocate the affected pipelines.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Orders directing ExxonMobil Oil Corporation and Southern California Gas Company to relocate pipelines in the Berths 212-224 TICTF Expansion Project area; (3) authorize the Board Secretary to attest to the Orders directing the aforementioned Harbor Department tenants to relocate pipelines which interfere with the Berths 212-224 TICTF Expansion Project; and (4) adopt Order Nos.____________.
Cargo Marketing
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 Cargo Marketing Division recommends that the Board of Harbor Commissioners approve the FTZ operating agreement between the City Harbor Department and Morgan Fabrics Corporation (Morgan) to activate its warehouse within FTZ 202, Site 202F, located at 4265 Exchange Ave, Vernon, California 90058. Site 202F is approximately 1.9 acres including a warehouse located approximately 23 miles from the Port of Los Angeles. Morgan will be operating its warehouse under FTZ procedures as a Subzone site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. This proposed Agreement will not require funding by the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1 (14), of the Los Angeles City CEQA Guidelines; (2) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Morgan Fabrics Corporation; (3) direct the Board Secretary to transmit the proposed 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement, upon approval by the City Council; and (5) adopt Resolution No.____________.
CLOSED SESSION
K. Closed Session Items
1. 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/Ed Robles
Tenant Negotiators: Eric Johnson, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms
2. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: 94 cases.
L. Adjournment