Agenda - September 15, 2011
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, SEPTEMBER 15, 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 Robin Kramer
Commissioner Douglas P. Krause
Commissioner Dr. 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 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
Strategic Plan Update
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. PRESENTATION
Terminal Island Planning Update - Dave Mathewson, Director of Planning and Economic Development
G. APPROVAL OF MINUTES
Minutes of the Regular Meetings of May 19, 2011 and July 7, 2011 and Special Meeting of June 16, 2011.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 6)
Human Resources
1. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39602 TO ENTERPRISE RIDESHARE FOR COMMUTER VAN LEASING
Transmittal 1
SUMMARY: The Human Resources Division requests approval to award Contract No. 39602 to Enterprise RideShare, located in Anaheim, California, for the leasing of 17 commuter vans in support of the City of Los Angeles Harbor Department's (Harbor Department) on-going vanpool program. The proposed contract is for one year with two one-year renewal options for a total amount not-to-exceed $605,250 if all renewal options are exercised. The recommendation to select Enterprise RideShare is based on the competitive bid process performed by the City of Los Angeles (City) General Services Department (GSD) for its Contract No. 59009.
Recommendation: Board resolve to (1) find that in accordance with Administrative Code Section 10.15(a)(8) the competitive contracting requirement is met using the responses from the City's Request for Bids, which resulted in the City awarding its current Contract No. 59009; (2) approve Contract No. 39602 with Enterprise RideShare for the leasing of 17 commuter vans for a total amount not-to-exceed $605,250 for a term of one year with two one-year renewal options; (3) authorize the Executive Director to execute the proposed contract; (4) uthorize the Executive Director to execute two one-year renewal options, subject to budget authorization in each fiscal year; and (5) adopt Resolution No. __________.
Planning and Economic Development
SUMMARY: Millennium Maritime, Inc. (MMI) is applying for a Coastal Development Permit (CDP) for the construction of a 2,400 square foot material storage building at Berth 301 to support its tugboat and barge operations. Staff is recommending the Board of Harbor Commissioners (Board) approve CDP No. 11-09, a Level I, non-appealable permit for the proposed project.
Recommendation: Board Resolve to (1) find that the proposed project is in conformity 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. 11-09, consistent with Application for Discretionary Project No. 110630-081; and (3) adopt Resolution No. ____________.
Real Estate
3. Re: RESOLUTION NO. ____________ - PROPOSED JOINT REVOCABLE PERMIT AMONG THE PORT OF LOS ANGELES, PORT OF LONG BEACH, AND CITY OF LONG BEACH - LAHD NO. 70069
Transmittals 1-2
SUMMARY: The City of Long Beach (COLB) requests that the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) allow the installation of a video camera surveillance system that will operate through a wireless network designed to deter trespassing and vandalism along a portion of the jointly-owned railroad right-of-way (ROW) between Cherry Avenue and Long Beach Boulevard, located in the City of Long Beach. It is recommended that the Harbor Department grant a no-fee Joint Revocable Permit (JRP) to COLB for the installation of a video camera surveillance system on the permitted area.
Recommendation: Board resolve to (1) approve the proposed Joint Revocable Permit (Transmittal 1) with the City of Long Beach; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Joint Revocable Permit; and (3) adopt Resolution No. ____________.
4. Re: RESOLUTION NO. ____________ - PROPOSED SECOND AMENDMENT TO RECIPROCAL LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY FOR PROPERTY ON TERMINAL ISLAND
Transmittals 1-3
SUMMARY: The Reciprocal Lease Agreement (Lease Agreement) with the United States of America, Department of the Navy (Navy), provides for an exchange of property wherein the Navy leases land measuring 22.93 acres, also known as Site 6B, to the City of Los Angeles Harbor Department (Harbor Department) for the operation of the Terminal Island Container Transfer Facility (TICTF). In exchange, the Harbor Department leases 22.93 acres of land to the Navy for the Naval Reserve Center. The Lease Agreement is for a period of 50 years, from September 22, 1979 through September+21, 2029. The lease provides for each party to demolish any improvements and restore the respective premises upon expiration or termination of the Lease Agreement. The Navy ceased its operations at the Naval Reserve Center in 2009 and requested that it be allowed to surrender the Harbor Department land and be relieved of its obligations to demolish the Naval Reserve Center and restore the premises, as required by the Lease Agreement. However, the Harbor Department still needs the Navy land for the TICTF operations. The proposed Second Amendment allows the Navy to surrender the Harbor Department land without demolishing the Naval Reserve Center and restoring the premises, as required by the Lease Agreement. In turn, the Navy will provide a no-cost lease to the Harbor Department for continued use of its land for the TICTF premises until the Navy permanently conveys the TICTF premises to the Harbor Department or until the expiration of the Lease Agreement in 2029, whichever occurs first.
Recommendation: Board resolve to (1) approve the proposed Second Amendment to Reciprocal Lease Agreement with the United States of America, Department of the Navy (Transmittal 1); (2) direct the Board Secretary to transmit the proposed Second Amendment to City Council pursuant to Charter Section 606; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Second Amendment upon approval by City Council; and (4) adopt Resolution No. ____________.
5. Re: RESOLUTION NO. ____________ - PROPOSED PERMIT TERMINATION AND MUTUAL RELEASE AGREEMENT WITH TRI-UNION SEAFOODS, LLC. DBA CHICKEN OF THE SEA PERMIT NO. 777 FOR PROPERTY ON TERMINAL ISLAND
Transmittals 1-3
SUMMARY: Permit No. 777 grants Tri-Union Seafoods, LLC, dba Chicken of the Sea International (COSI), use of City of Los Angeles Harbor Department (Harbor Department) property at 338 Cannery Street, Terminal Island, for the construction, operation, and maintenance of a fish and pet food processing and canning facility, and related purposes. Permit No. 777 expired on April 30, 2006, and is currently on holdover. COSI ceased operations and vacated the premises in April 2010 and desires to terminate Permit No. 777. The tenant is obligated to demolish any buildings and restore the premises under the terms of the Permit. Several of the buildings within the premises may be historically significant. The Harbor Department is planning to develop an Environmental Impact Report (EIR) for a number of historic and non-historic buildings on Terminal Island, pending review under the Terminal Island Land Use Study, so the demolition could be delayed. In order to allow COSI to terminate Permit No. 777, the Harbor Department has agreed to accept the premises without required demolition and restoration in exchange for payment of an amount estimated to cover demolition, restoration, and remediation costs, pursuant to the terms of the proposed Permit Termination and Mutual Release Agreement.
Recommendation: Board resolve to (1) approve the proposed Permit Termination and Mutual Release Agreement (Transmittal 1) with Tri- Union Seafoods, LLC., dba Chicken of the Sea International; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Permit Termination and Mutual Release Agreement; and (3) adopt Resolution No. ____________.
6. Re: ORDER NO. ____________ - PROPOSED RESETTING OF COMPENSATION UNDER PERMIT NO. 309 WITH CONOCOPHILLIPS
SUMMARY: Permit No. 309 grants ConocoPhillips (Conoco) use of approximately 48,693 square feet of City of Los Angeles Harbor Department (Harbor Department) backland in the Classification Yard, located in the north Wilmington area for the construction, maintenance, and operation of subsurface petroleum pipelines. Permit No. 309 has a 50-year term, expiring June 12, 2026, with compensation to be reset every five years. The proposed compensation is to remain unchanged for the five-year period of June 13, 2011 through June 12, 2016.
Recommendation: Board resolve to (1) adopt and approve the Order resetting compensation under Permit No. 309 with ConocoPhillips Company for the five-year period of June 13, 2011 through June 12, 2016; (2) authorize the Board Secretary to attest to the Order resetting compensation pursuant to Permit No. 309; and (3) adopt Order No. ____________.
Transmittals 1-2
REGULAR ITEM NO. 7
Environmental Management
7. Re: RESOLUTION NO. ____________ - STAFF RESPONSE TO THE PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEE RECOMMENDATION NO. 95 REGARDING THE INCLUSION OF CONSTRUCTION EMISSIONS IN THE BAY WIDE HEALTH RISK ASSESSMENT
Transmittal 1
SUMMARY: On February 17, 2009, the Port of Los Angeles Community Advisory Committee (PCAC) approved Recommendation No. 95 requesting that the Bay Wide Health Risk Assessment (BWHRA) be revised to include consideration of a re-calculation for harmful contribution to pollution and health risk resulting from construction projects. The BWHRA was developed to help formulate the San Pedro Bay Standards (Standards). Staff recommends the Board of Harbor Commissioners (Board) deny PCAC Recommendation No. 95. The methodology to calculate health risk is based on continuous 70-year exposure to diesel particulate matter (DPM) emissions. For the BWHRA, staff calculates and compares the health risks based on 2005 emission levels and 2020 forecasted emission levels and uses the analysis to establish risk targets. Construction emissions are short-term (average 1-2 years in duration) and highly variable and speculative. As the methodology is based on continuous exposure over a long period of time, including short-term construction emissions would result in far less accurate calculations of risk. Although the BWHRA was completed without the inclusion of construction emissions, staff will continue to consider project related construction emissions (and health risk) through the California Environmental Quality Act (CEQA) process and adhere to the Los Angeles Harbor Department Sustainable Construction Guidelines for Reducing Air Emissions. Recommendation: Board resolve to (1) consider and deny Recommendation No. 95; and (2) adopt Resolution No. ____________.
I. CLOSED SESSION