Special Agenda - March 21, 2013
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MARCH 21, 2013 AT * 8:00 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731
* Please Note Special Time For This Meeting
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. PRESENTATIONS
Retirement Resolution, Timothy Hogan, City Attorney
Retirement Resolution, Captain Richard (Dick) McKenna
Swearing-In of Assistant Port Police Chief Michael R. Hillmann
C. CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Burlington Northern & Santa Fe Railway Company concerning a proposed permit:
Property: 2400 Pacific Coast Highway, Wilmington
City Negotiator: Geraldine Knatz, Ph.D.
Tenant Negotiator: Roger Nober
Negotiating Parties: City and Burlington Northern & Santa Fe Railway Co.
Under Negotiation: Price and Terms
D. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
E. EXECUTIVE DIRECTOR REMARKS
F. REPORTS OF THE COMMISSIONERS
G. BOARD COMMITTEE REPORTS
H. SPECIAL ORDER OF THE DAY
Public Hearing
1(a) ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO.13-02) TO RAISE SEVEN CRANES 22 FEET AT TRAPAC TERMINAL (BERTHS 136 - 147)
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.
1(b) Re: RESOLUTION NO. ____________ - FOR THE ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO.13-02) TO RAISE SEVEN CRANES 22 FEET AT TRAPAC TERMINAL (BERTHS 136 - 147)
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: TraPac Inc. (TraPac) is proposing to raise seven cranes 22 feet to service larger container vessels at Berths 136-147. Currently the cranes are only able to service 6,600 TEU vessels due to the limited height of the cranes. Raising the cranes will allow TraPac to accommodate up to 12,000 TEU vessels by accessing containers on the top of the stacks on the deck of the vessel. Staff is recommending that the Board of Harbor Commissioners (Board) approve a Level III, non-appealable Coastal Development Permit (CDP) No. 13-02 for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 13-02; (2) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that the proposed 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 III, non-appealable Coastal Development Permit No. 13-02 to raise seven cranes 22 feet at Berths 136-147, subject to the standard conditions set forth in the permit, and direct the Director of Planning & Economic Development to issue said permit; and (4) adopt Resolution No.____________.
I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (2 - 6)
Business & Trade Development
Transmittal 1
Transmittal 2
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 Harbor Department received a request from OHL International (OHL) to activate its site within FTZ 202, Site 11C, located at 2255 E. 220th Street, Carson, California. Site 11C consists of a building within 153.79 acres of FTZ 202, Site 11. This site is approximately 9 miles north of the Port of Los Angeles (Port). OHL will be operating its warehouses under FTZ procedures. The proposed FTZ Operating Agreement (Agreement) will provide a term of five years with three, five-year renewal options.
Recommendation: Board resolve to (1) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and OHL International; (2) direct the Board Secretary to transmit the 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; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No.____________.
Media Relations
3. Re: RESOLUTION NO. ____________ - AGREEMENT BETWEEN CISION US INC. AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a three-year agreement with Cision US Inc. (Cision), headquartered in Chicago, Illinois with offices in Los Angeles, to provide a package of media monitoring and measurement services that will enable the Harbor Department to target, distribute, track, and measure regional, national and international news coverage about the Port of Los Angeles (Port) in both print and broadcast media. Results can be distributed internally and externally on a daily basis via email in an easy-to-read format for internal and external Port news subscribers. The agreement calls for a quarterly measurement report that includes publicity value and a competitive overview, thereby allowing the Media Division to provide metrics on the effectiveness of its media outreach program in conformance with the Port of Los Angeles 2012-17 Strategic Plan. The agreement also includes access to CisionPoint, a media database subscription that will enable Media Relations Division personnel to identify key reporters and pitch story ideas as part of maximizing the Port’s positive news coverage. The cost of these services will be $48,700 annually.
Recommendation: Board resolve to (1) find that in accordance with City Charter Section 1022, work under the agreement can be performed more feasibly by an independent contractor than by City employees; (2) approve the proposed agreement between the City of Los Angeles Harbor Department and Cision US Inc. to provide media monitoring services for a three-year term, with an annual compensation of $48,700, total not to exceed $146,100; (3) authorize the Executive Director to execute and the Board secretary to attest to the Agreement for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Planning & Economic Development
4. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 13-03) TO OXY LONG BEACH, INC. FOR THE REMOVAL OF PIPELINES
Transmittal 1
Transmittal 2
SUMMARY: Oxy Long Beach, Inc. (Oxy Long Beach) proposes to remove multiple above-ground pipelines totaling approximately 3,900 feet located south of Alameda Street and west of Henry Ford Avenue. The pipelines require removal because they are located within the boundaries of the Berth 200 Rail Yard project area. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-03, a Level I, non-appealable permit for the proposed pipeline removal project.
Recommendation: Board resolve to (1) find that the proposed project conforms 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. 13-03, consistent with the project description listed on Application for Discretionary Project No. 130118-010; and (3) adopt Resolution No.____________.
5. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 13-04) TO U.S. BORAX INC. FOR THE CONSTRUCTION OF A DUMPSTER SHED
Transmittal 1
Transmittal 2
SUMMARY: U.S. Borax, Inc. (U.S. Borax) is proposing to install a dumpster shed on its private property at 300 Falcon Street, Wilmington, CA 90744. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-04, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project conforms 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 a Level I Coastal Development Permit No. 13-04, consistent with the project description listed on Application for Discretionary Project No. 121219-157; and (3) adopt Resolution No.____________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Agreement (MOA) with the City of Los Angeles (City) for the purpose of receiving funds as reimbursement from the Urban Area Security Initiative (UASI) for fiscal year (FY) 2011. UASI grants are provided by the United States Department of Homeland Security (DHS) to fund the needs of large urban areas, associated with building a sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism.
In August 2011, DHS awarded the City grant monies in support of the FY11 UASI program. On June 6, 2012, City Council authorized the Mayor’s Office to accept the UASI grant award. The Mayor’s Office of Homeland Security and Public Safety, serving as fiduciary agent, will administer grant funds provided to the City.
Items approved for full grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Port of Los Angeles (POLA) Communications Equipment ($120,507), Maritime Law Enforcement Training Center (MLETC) equipment ($271,307), and Multi-Assault Counter-Terrorism Action Capabilities (MACTAC) training ($22,600). The award is for a three-year period ending April 30, 2014. There will be no cost share associated with the award, nor is there any annual operating and maintenance costs associated with the equipment purchases.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the Harbor Department and the City of Los Angeles to provide receipt of funds as reimbursement from the Urban Area Security Initiative; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed Memorandum of Agreement for and on behalf of the Board; and (3) adopt Resolution No. _ _____.
REGULAR ITEM
Real Estate
Transmittals
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 BNSF Railway Company (BNSF), a Delaware corporation. The SPAA grants rights to BNSF to use and occupancy of approximately 102.75 acres of land to perform necessary site preparation work and to construct a proposed intermodal near-dock rail facility to be known as the Southern California International Gateway (SCIG). Permit No. 901, which is intended to become effective upon performance of the SPAA's obligations, grants BNSF the use and occupancy rights necessary to operate and maintain the rail yard 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 No. 901 will allow BNSF to occupy the premises for a term not to exceed an aggregate total of 50 years. The proposed compensation during the term of the SPAA is approximately $6,266,106 annually. The proposed compensation during the first five years of the Permit No. 901 is $7,832,633 annually. Both amounts are consistent with the rate of return policy approved by the Board of Harbor Commissioners (Board). These matters are being considered by the Board in relation to the previously certified Final Environmental Impact Report (FEIR), dated March 7, 2013, and the approved SCIG Project (Project) that BNSF proposes to 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 No. 901 effective upon approval by City Council; and (4) adopt Order No.____________.