Agenda - March 7, 2013
SPECIAL AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MARCH 7, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES CRUISE ANNEX BUILDING
REAR BERTH 92
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.
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. REPORTS OF THE COMMISSIONERS
C. BOARD COMMITTEE REPORTS
D. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. Kinder Morgan, Inc., et al., Los Angeles Superior Court Case No. NC041463
E. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEM NO. 1
Office of the City Attorney
1. Re: ORDER NO. ____________ - APPROVE FIRST AMENDMENT TO PERMIT 708 WITH KINDER MORGAN TANK STORAGE TERMINALS LLC
Transmittal 1
Transmittal 2
SUMMARY: Kinder Morgan Tank Storage Terminals’ permit to operate the marine oil terminal at Berths 118-119 expires on April 13th. The proposed amendment extends the permit for 5 years to allow for limited continued operations, demolition and cleanup in consideration of a settlement in litigation involving cleanup of the former marine oil terminal at Berths 171-173. The two terminals are identified on the attached aerial photo.
Recommendation: Board resolve to (1) subject to your concurrent approval of a proposed settlement in City v. Kinder Morgan Liquids Terminals et al., Los Angeles Superior Court Case No. NC 041463, approve and authorize the Executive Director to execute the First Amendment to Permit 708 extending its term from twenty-five to thirty years. (2) direct the Board Secretary to transmit the Settlement Agreement and the First Amendment to City Council for its approval pursuant to Section 273(c) and Section 606 of the Charter respectively. (3) authorize the Executive Director to execute and the Board Secretary to attest to the permit amendment upon approval of the City Council; and (4) adopt Order No.____________.
REGULAR ITEM NOS. 2 & 3
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) certify the Final Environmental Impact Report (EIR) for the Southern California International Gateway (SCIG) Project in accordance with the California Environmental Quality Act (CEQA), and approve the SCIG Project (Project). The Project includes constructing and operating a new near-dock intermodal railyard that would transfer containerized cargo between trucks and railcars approximately four miles to the north of the Ports of Los Angeles and Long Beach (Ports), primarily on the City of Los Angeles Harbor Department (Harbor Department) land, and also on adjacent private property in the cities of Los Angeles, Carson, and Long Beach.
Prior to approving the Project, the Board will need to consider and certify the Final EIR, make specific Findings of Fact (FOF) regarding the significant environmental impacts of the Project and mitigation measures to reduce or avoid such impacts, adopt a Statement of Overriding Considerations (SOC), and adopt a Mitigation Monitoring and Reporting Program (MMRP) to track mitigation. With the application of mitigation measures, lease measures, and standard conditions of approval, significant and unavoidable impacts from the Project remain related
to aesthetics, air quality, cultural resources, greenhouse gas (GHG) emissions, land use, noise, and cumulative impacts. In addition, the Project would result in disproportionate effects on minority and low-income populations as a result of significant and unavoidable environmental impacts.
Construction of the Project is estimated to create 1,500 direct and indirect construction-related jobs per year for the three-year construction period. Operation of the Project would generate up to 1,096 jobs at full capacity by 2035.
Recommendation: Board resolve to (1) certify that the Final Environmental Impact Report for the Southern California International Gateway Project (a) has been completed in compliance with the California Environmental Quality Act (Public Resources Code §21000 et seq., with the State California Environmental Quality Act Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles California Environmental Quality Act Guidelines; (b) was presented to the Board of Harbor Commissioners for review and the Board considered the information contained in the Final Environmental Impact Report prior to approving the Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed; (2) adopt the Findings of Fact and Statement of Overriding Considerations; (3) find that, in accordance with the information contained in the Final Environmental Impact Report, the Project will have significant environmental effects on Aesthetics, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Land Use, Noise, Utilities and Public Services, Water Resources, and Cumulative Impacts; as defined by Public Resources Code Sections 21068, 21080, 21082.2, and 21083 and the State California Environmental Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the State California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project, which substantially lessen or avoid the significant adverse environmental impacts identified in the Final Environmental Impact Report; (5) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, make infeasible certain mitigation measures and Project Alternatives identified in the Final Environmental Impact Report. Impacts to Aesthetics, Air Quality, Cultural Resources, Greenhouse Gas Emissions, Land Use, Noise, and Cumulative Impacts remain significant and unavoidable even after all feasible mitigation is adopted; (6) find that, all information added to the Final Environmental Impact Report after public notice of the availability of the Draft Environmental Impact Report and Recirculated Draft Environmental Impact Report for public review but before certification merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (7) find that, in accordance with Public Resources Code Section 21081(b) and State California Environmental Quality Act Guidelines Section 15093, the benefits of the Project outweigh the significant and unavoidable environmental impacts of the Project, and adopt the Findings of Fact and Statement of Overriding Considerations; (8) adopt the Mitigation Monitoring and Reporting Program as required by Public Resources Code, Section 21081.6. 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, to monitor and verify project compliance with those mitigation measures and conditions of the Project approval; (9) approve the Project identified in the Environmental Impact Report including all feasible mitigation measures, lease measures, and project conditions with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the Real Estate Division to incorporate by reference the Environmental Impact Report, mitigation measures, lease measures, project conditions, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (11) authorize the Environmental Management Division to file the Notice of Determination for the subject Project with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; and (12) adopt Resolution No.____________.
Real Estate
3. Re: ORDER NO. ____________ - (1) SITE PREPARATION AND ACCESS AGREEMENT AND (2) PERMIT NO. 901 WITH BNSF RAILWAY COMPANY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF AN INTERMODAL NEAR DOCK RAIL FACILITY TO BE KNOWN AS THE SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY FACILITY
SUMMARY: Staff recommends approval of the proposed Site Preparation and Access Agreement (SPAA) and proposed Permit No. 901 between the City of Los Angeles Harbor Department (Harbor Department) and the BNSF Railway Company (BNSF), a Delaware corporation. The SPAA grants rights to BNSF to access certain Harbor Department premises to perform necessary site preparation work and to construct the railyard facility. The Permit, which is intended to become effective upon performance of the SPAA’s obligations, grants BNSF use and occupancy of approximately 4,356,000 square feet of land to operate and maintain of a proposed intermodal near dock rail facility to be known as the Southern California International Gateway (SCIG) facility.
The term of the SPAA, which is five years and subject to two separate one-year options in BNSF’s favor to extend, and the term of the Permit will allow BNSF to occupy the premises identified in the Permit for a term not to exceed an aggregate total of 50 years. The proposed compensation during the term of the Site Preparation and Access Agreement term is approximately $6,098,400 annually. The proposed compensation during the first five years of the Permit is $7,623,000 annually. Both amounts are consistent with the rate of return approved by the Board of Harbor Commissioners (Board). These matters shall be considered by the Board only in the event that the Board shall have previously certified a Final Environmental Impact Report (EIR) and approved a project that BNSF would build on the subject property.
Recommendation: Board resolve to (1) approve proposed Site Preparation and Access Agreement and proposed Permit No. 901 with BNSF Railway Company; (2) direct the Board Secretary to transmit the Site Preparation and Access Agreement and Permit No. 901 with BNSF Railway Company to the City Council for approval pursuant to Charter Section 607 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to Site Preparation and Access Agreement and proposed Permit 901 effective upon approval by City Council; and (4) adopt Order No.____________.