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Harbor Commission

042111 Regular Agenda

Agenda - April 21, 2011

AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, APRIL 21, 2011 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731

BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Kaylynn L. Kim
Commissioner Robin Kramer
Commissioner Douglas P. Krause

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. BOARD COMMITTEE REPORTS

F. APPROVAL OF MINUTES
Minutes of the Special Meeting of February 3, 2011 and Minutes of the Regular Meetings of February 3, 2011, February 17, 2011 and March 3, 2011 for approval.

G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 3)

Commission office

1. Re: RESOLUTION NO. __________ PROPOSED RESOLUTION FOR COMMISSIONER KAYLYNN L. KIM TO TRAVEL TO SOUTH KOREA TO ATTEND THE INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS 27TH WORLD PORT CONFERENCE, MAY 23-27, 2011
Recommendation: Adopt Resolution No. _________.

Environmental Management Division

2. Re: RESOLUTION NO. ____________ - FIRST AMENDMENTS TO CALIFORNIA AIR RESOURCES BOARD ADVANCED TECHNOLOGY DEMONSTRATION AGREEMENT NO. 10-2920 FOR THE DIESEL PARTICULATE FILTER SWITCHER LOCOMOTIVE DEMONSTRATION PROJECT AND AGREEMENT NO. 10-2919 WITH JOHNSON MATTHEY, INC.

Transmittal 1

Transmittal 2

SUMMARY:  On November 18, 2010, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 10-2920 (Project Grant Agreement) with the California Air Resources Board (CARB) to partially fund the demonstration of a Tier IV Diesel Particulate Matter (DPM) Retrofit System on a Tier III Genset Switcher Locomotive (Project) to be operated by Union Pacific Railroad. The Harbor Department also entered into Agreement No. 10-2919 (Subrecipient Agreement) with Johnson Matthey, Inc. to fulfill the technical aspects of the Project's scope of work. Amendments to the Project Grant Agreement and the Subrecipient Agreement have been made to accommodate changes to the Project schedule and deliverable deadlines, though the total grant amount remains the same. Staff is recommending the Board of Harbor Commissioners (Board) approve the First Amendment to the Project Grant Agreement and the First Amendment to the Subrecipient Agreement.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 10-2920 between the Harbor Department and the California Air Resources Board; (2) approve the First Amendment to Agreement No. 10-2919 between the Harbor Department and Johnson Matthey, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Amendments for and on behalf of the Board; and (4) Adopt Resolution No. ____________.

Real Estate

3. Re: RESOLUTION NO. ___________ - PROPOSED JOINT REVOCABLE PERMIT AMONG CENTRAL METAL, INC., THE CITY OF LOS ANGELES HARBOR DEPARTMENT, AND THE PORT OF LONG BEACH

Transmittal 1


SUMMARY: The proposed action requests approval of a proposed Joint Revocable Permit (JRP) among the City of Los Angeles Harbor Department (Harbor Department), and the Port of Long Beach, by and through their respective Boards of Harbor Commissioners (jointly, Ports) and Central Metal, Inc. (Central Metal) for vehicle access through a portion of jointly-owned property along Alameda Boulevard by way of the Jack Engle Bridge. The proposed private road will allow Central Metal's vehicles to access the rear of the facility, as depicted on Transmittal 2.
Recommendation: Board resolve to (1) approve the proposed Joint Revocable Permit among the City of Los Angeles Harbor Department, the Port of Long Beach, and Central Metal, Inc. for the use and maintenance of a nonexclusive roadway; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Joint Revocable Permit; and (3) adopt Resolution No. ____________.

REGULAR ITEMS (4 & 5)

 

Construction and Maintenance

4. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39539 TO STELLA-JONES CORPORATION FOR THE PURCHASE OF TREATED CREOSOTE PILES

Transmittal 1


SUMMARY: The Construction and Maintenance Division (C&M) requests the approval of a one-year contract with two, one-year renewal options to Stella-Jones Corporation of St. Laurent, Quebec, Canada for the purchase and delivery of treated creosote piles for an amount not to exceed $760,276 for the first year, $783,084 for the second year, and $806,577 for the third year (if the renewal options are exercised). These piles are used by the C&M Pile Driving Section to replace old timber piles when necessary throughout the Port.
Recommendation: Board resolve to (1) approve Contract No. 39539 with Stella-Jones Corporation for the purchase and delivery of treated creosote piles for a period of one year, with two, one-year renewal options in an amount not to exceed $760,276 for the first year, $783,084 for the second year and $806,577 for the third year (a total of $2,349,937) and authorize said expenditures; (2) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39539; and (3) adopt Resolution No. ____________.

Real Estate

5. Re: ORDER NOS. ____________ - DIRECTING EXXONMOBIL OIL CORPORATION TO REMOVE AND/OR RELOCATE PIPELINES THAT AFFECT THE TRAPAC ADMINISTRATION BUILDING & MAIN GATE PROJECT AND THE CABRILLO WAY MARINA PROJECT

Transmittals 1-3


SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is currently coordinating the following two construction projects that are being impacted by existing privately owned surface/subsurface oil pipelines: (1) TraPac Administration Building & Main Gate Project (TraPac Expansion Project) and (2) Cabrillo Way Marina Project (Cabrillo Marina Project). The TraPac Expansion Project will include a new administration building, main gate, parking lot, and pedestrian bridge for TraPac, Inc. (TraPac) as part of the expansion of TraPac's container terminal operations at Berths 136-147. The TraPac administration building, main gate, parking lot, and pedestrian bridge are proposed to be located in a four-acre lot south of Harry Bridges Boulevard, between Lagoon Avenue and Bay View Avenue, in Wilmington (Transmittal 2). Based on the design of the TraPac Expansion Project, existing private oil pipelines will be impacted.
The Cabrillo Marina Project will consist of 697 berthing slips with concrete floating docks, a 400 dry boat storage facility, boater and public restrooms, promenades, parking and related facilities on approximately 64.14 acres located within the West Channel Area in San Pedro. The Cabrillo Marina Project is nearing completion. Based on the design of the Cabrillo Marina Project, an existing private subsurface oil pipeline will be impacted.
In order to complete the TraPac Expansion Project and the Cabrillo Marina Project, several underground and aboveground pipelines operated by Mobil Oil Corporation, now ExxonMobil Oil Corporation (ExxonMobil), under Permit No. 418, must first be removed and/or relocated. The proposed Orders will serve as notice to the impacted Harbor Department tenant, in accordance with the tenant's permit, to remove and/or relocate the affected pipelines.
Recommendation: Board resolve to (1) approve the Orders directing ExxonMobil Oil Corporation to remove and/or relocate certain pipelines; (2) authorize the Board Secretary to attest to the Orders directing the aforementioned Harbor Department tenant to remove and/or relocate pipelines; and (3) adopt Order Nos. _______________.

H. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)

City of Los Angeles v. Colonial Yacht Anchorage, et al., Los Angeles Superior Court Case No. BC454598

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)

City of Los Angeles v. San Pedro Boat Works, Inc., et al., United States District Court Case No. CV-02-7986

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of EPA order on ACTA property.