Notice and Agenda of Special Meeting - October 03, 2013
September 25, 2013
NOTICE OF THE SPECIAL MEETING OF OCTOBER 3, 2013
SUBJECT: SPECIAL MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS - THURSDAY, OCTOBER 3, 2013, AT 8:30 A.M.
The Los Angeles Board of Harbor Commission has called for a special meeting to be held at:
The Port of Los Angeles Administration Building
Board Room, 2nd Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
The attached agenda specifies the business to be conducted at the special meeting.
NO OTHER BUSINESS WILL BE CONSIDERED.
JULIE WICHMANN HUERTA
Acting Commission Secretary
____________________________________________________________________________________
AGENDA OF SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, OCTOBER 03, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Douglas P. Krause
Commissioner Sung Won Sohn
Commissioner Patricia Castellanos
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
G. PRESENTATIONS
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 3)
Commission Office
1. Re: RESOLUTION NO. ____________ - APPOINTMENT OF COMMISSIONER DOUGLAS P. KRAUSE TO THE GOVERNING BOARD OF THE ICTF JOINT POWERS AUTHORITY
SUMMARY: On October 15, 2009, the Board of Harbor Commissioners appointed Commissioner Cindy Miscikowski as a member of the Governing Board of the ICTF for a term ending October 14, 2014. This resolution removes Commissioner Cindy Miscikowski and appoints Commissioner Douglas P. Krause as a member of the Governing Board of the ICTF.
Recommendation: Board resolve to adopt the subject Resolution No.__________.
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 developer agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from Redlands Business Center, LLC (Redlands) to execute its first renewal option to extend the term of FTZ Developer Agreement No. 08-2698 (Agreement) at FTZ 202, Site 22, located in Redlands, California. Redlands is a real estate investment firm whose principal address is located in Irvine, California. The original term of the Agreement is five years with three, five-year renewal options. The original Agreement commenced on November 1, 2008 and is set to expire on October 31, 2013. Any change made to an original developer agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed First Amendment (Amendment) will extend Agreement No. 08-2698 for five years through October 31, 2018. Also, Redlands recently sold a 33-acre parcel to CLPF-Redlands Business Center, L.P. that required revising the attached map to clearly outline new property lines. All remaining terms and conditions of the Agreement shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 08-2698 between the City of Los Angeles Harbor Department and Redlands Business Center, LLC; (2) direct the Board Secretary to transmit the proposed Amendment to Foreign-Trade Zone Developer Agreement No. 08-2698 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 proposed Amendment to the Foreign-Trade Zone Developer Agreement No. 08-2698; and (4) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: The United States Army Corps of Engineers (Corps) has federal regulatory authority over certain port construction, dredging, and filling activities. One primary example of such regulatory authority is under the National Environmental Policy Act (NEPA) which requires the Corps to conduct environmental assessments for many port development projects. The Water Resources Development Act of 2000 (WRDA) allows non-federal public entities such as the City of Los Angeles Harbor Department (Harbor Department) to augment the Corps’ regulatory budget as a means of facilitating the environmental review process. In October 2010, the Harbor Department entered into a three-year Memorandum of Agreement (Agreement) for $480,000 with the Corps to expedite the Corps’ independent evaluation of the Harbor Department’s priority permit applications and environmental assessments. The Agreement is due to expire on October 28, 2013, so staff recommends approval of an Amendment to Agreement No. 10-2900 to extend the term by an additional thirty-eight months and to increase the contract amount by $320,000 for a not-to-exceed total contract amount of $800,000.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 10-2900 with the United States Army Corps of Engineers, Los Angeles District extending the term by thirty-eight months to December 31, 2016 increasing the contract amount by $320,000 for a total not-to-exceed contract amount of $800,000; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (3) adopt Resolution No.____________.
REGULAR ITEM NO. 4
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: A critical component of the Wilmington Waterfront Development Project, the 2.9-acre Avalon Triangle property (Site) located at Avalon and Harry Bridges Boulevards in Wilmington, CA, is slated for redevelopment as a community park. Environmental investigations conducted in support of the park development revealed that the soil and groundwater were impacted by various contaminants. In September 2009, the City of Los Angeles Harbor Department (Harbor Department) entered into a Voluntary Cleanup Agreement (VCA) with the State of California, Department of Toxic Substances Control (DTSC) for oversight of the environmental remedial actions needed to obtain regulatory approval for use of the property as a public park. Under Agreement No. 09-2774 (Agreement), and in compliance with California state law, the Harbor Department is responsible for reimbursing DTSC for costs associated with their oversight activities. Continued oversight from DTSC is anticipated over the next five years to remediate the site and provide on-going monitoring through September 2018. Staff recommends approving the First Amendment to Agreement No. 09-2774 (Amendment) to increase the funding by $130,309 for a total contract amount not-to-exceed $317,309.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 09-2774 with the State of California, Department of Toxic Substances Control to increase the Agreement by $130,309, for a total contract amount not-to-exceed $317,309; (2) authorize the Executive Director and the Board Secretary to execute and attest to said Amendment for and on behalf of the Board; and (3) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Complaint filed with U.S. Department of Transportation under Title VI of the Civil Rights Act of 1964 and 49 Code of Federal Regulations Part 21
Claimants: Natural Resources Defense Council, Elena Rodriguez, Evelyn Deloris Knight, East Yard Communities for Environmental Justice, the Coalition for Clean Air, Century Villages at Cabrillo
Agency Claimed Against: City of Los Angeles, Board of Harbor Commissioners
I. (Continued)
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R