Special Meeting Notice and Agenda December 11, 2014
November 14, 2014
NOTICE OF SPECIAL MEETING -DECEMBER 11, 2014
SUBJECT: SPECIAL MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS- THURSDAY, DECEMBER 11,2014 AT 8:30A.M.
The Los Angeles Board of Harbor Commission has called for a Special Meeting on Thursday, December 11, 2014 at 8:30am:
The Port of Los Angeles Harbor Administration Building
425 S. Palos Verdes Street, Board Room, 2nd Floor
San Pedro, California 90731
The attached agenda specifies the business to be conducted at the special meeting. NO OTHER BUSINESS WILL BE CONSIDERED.
AMBER M. KLESGES
Commission Secretary
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
FRIDAY, DECEMBER 11, 2014, AT 8:30 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. OPENING STATEMENTAN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
Employee Photo Calendar Contest
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF THE MINUTES
October 16, 2014 Regular
October 29, 2014 Special
November 7, 2014 Special
G. PRESENTATION
1. San Pedro Waterfront Parking Presentation – Introduction by Mike Galvin, followed by Desman Associates
2. PierPass – John Cushing, President of PierPass
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEM NOS. (1- 4)
Environmental Management
1. Re: RESOLUTION NO. ___________ - APPROVAL TO SUBMIT APPLICATIONS FOR FUNDING TO THE NATIONAL DIESEL EMISSION REDUCTION ACT ASSISTANCE PROGRAM
Transmittal 1
Transmittal 2
SUMMARY: The Diesel Emissions Reduction Act (DERA) Assistance Program was created under the Energy Policy Act of 2005. DERA gives the United States Environmental Protection Agency (EPA) grant and loan authority to promote diesel emission reductions and authorize appropriations to grant recipients. In December 2011, DERA grants were reauthorized for fiscal year (FY) 2012 through FY 2016. In the current solicitation, Projects to Improve Air Quality at Ports - 2014 DERA Funding Opportunity, the EPA is requesting proposals from public port authorities for projects that result in significant reductions of diesel emissions at marine and inland water ports. A total of up to $2,000,000 per applicant is available through this solicitation. The City of Los Angeles Harbor Department (Harbor Department) intends to submit an application for funding a tenant project at SA Recycling. Receipt of these grant funds would help the Harbor Department meet the goals of the San Pedro Bay Ports Clean Air Action Plan (CAAP) by facilitating the replacement of mobile port equipment to reduce diesel emissions. Applications are due December 11, 2014, with award notification expected to be made by February 2015. The project period is expected to begin on April 1, 2015, with an estimated project completion deadline of March 31, 2017. The Harbor Department is requesting approval to submit a proposal for the EPA DERA grant funds, to enter into an agreement to accept the grant (if awarded), and to enter into subrecipient agreements to distribute the grant funds for the tenant project at SA Recycling. The Harbor Department’s financial responsibility is limited to staff administrative costs associated with submitting grant applications, which the Harbor Department is authorized to offset with up to two percent of the funding received from the DERA Assistance Program.
Recommendation: Board resolve to (1) authorize and direct the Executive Director to apply for funding from the United States Environmental Protection Agency’s 2014 Diesel Emissions Reduction Act Funding Opportunity for the City of Los Angeles Harbor Department tenant project; (2) authorize and direct the
Executive Director to negotiate and approve, and the Board Secretary to attest to, agreements associated with the receipt and administration of the Diesel Emissions Reduction Act funding awarded to the City of Los Angeles Harbor Department; consistent with the provisions of this Board report and the United States Environmental Protection Agency Diesel Emission Reduction Act Request for Proposals, subject to approval of the City Attorney as to form and legality; and (3) adopt Resolution No.____________.
Business and Trade Development
2. Re: RESOLUTION NO. ___________ - APPROVAL OF SECOND AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 09-2346 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CITIZEN WATCH COMPANY OF AMERICA INC., FTZ 202, SITE 7D
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 Citizen Watch Company of America Inc. (Citizen), Site 7D, located in Torrance, California to exercise its second renewal option to extend the term of its FTZ Operating Agreement No. 09-2346 (Agreement No. 09-2346) at FTZ 202, Site 7D. FTZ 202 Site 7D is owned by Cognac Pacific Gateway, LLC. Citizen imports watches and related accessories to its warehouse to package for sale in the domestic market. The original term of the agreement is five years with three, five-year renewal options and commenced on January 4, 2010. In February 2010, the First Amendment was approved to extend the term to January 4, 2015. Upon approval, the proposed Second Amendment will extend Agreement No. 09-2346 for five years through January 4, 2020. This proposed Second Amendment will not require funding by the Harbor Department. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 09-2346. All remaining terms and conditions of Agreement No. 09-2346 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 09-2346 between the City of Los Angeles Harbor Department and Citizen Watch Company of America Inc.; (2) direct the Board Secretary to transmit the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 09-2346 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 Second Amendment to Foreign-Trade Zone Operating Agreement No. 09-2346; and (4) adopt Resolution No.____________.
Real Estate
3. Re: ORDER NO. ___________ - DIRECTING EXXONMOBIL OIL CORPORATION TO REMOVE OR RELOCATE PIPELINES INTERFERING WITH THE BERTHS 212-224 (YTI) CONTAINER TERMINAL IMPROVEMENTS PROJECT
Transmittals
SUMMARY: On February 21, 2013, the Board of Harbor Commissioners (Board) adopted Resolution Nos. 13-7445 and 13-7450 initiating the development planning process at the Yusen Terminal, Inc. (YTI) terminal. The development would improve YTI’s marine shipping and commerce by allowing YTI to accommodate larger container vessels (up to 13,000 TEUs (Twenty-foot Equivalent Units) and increase terminal capacity from 1,692,000 TEUs to 1,913,000 TEUs annually. The proposed project consists of: deepening Berths 214-216 to -53 feet and Berths 217-220 to -47 feet; extension of 110 feet gauge crane rail at Berths 217-220; construction of a single loading rail track to the Terminal Island Container Transfer Facility; and construction of backland improvements consisting of pavement repair and new concrete runways. Two Harbor Department-owned cranes will be relocated and two YTI cranes will be realigned; up to four new cranes will be installed and six YTI cranes will be raised and extended. To accommodate the Berths 212–224 (YTI) Container Terminal Improvements Project (YTI Container Improvements Project), several underground pipelines from ExxonMobil Oil Corporation (ExxonMobil) under Permit No. 418 must be removed, relocated, and/or protected in place. The proposed Order will serve as a notice to ExxonMobil, in accordance with tenant’s permit, to remove, relocate, and/or protect in place the affected pipelines, which is the financial responsibility of the tenant.
Recommendation: Board resolve to (1) approve the Order directing ExxonMobil Oil Corporation to remove, relocate, and/or protect in place, the pipelines interfering with the YTI Container Improvements Project; (2) authorize the Board Secretary to attest to the Order directing ExxonMobil to remove, relocate, and/or protect in place, the pipelines which interfere with the YTI Container Improvements Project; and (3) adopt Order No.____________.
Commission Office
Recommendation: Board resolve to adopt subject Resolution No.____________.
REGULAR ITEM NOS. (5 & 6)
Office of the City Attorney
5. Re: RESOLUTION NO. ___________ - FIRST AMENDMENT TO THE LOS ANGELES AND LONG BEACH PORT INFRASTRUCTURE AND ENVIRONMENTAL PROGRAMS COOPERATIVE WORKING AGREEMENT, FEDERAL MARITIME COMMISSION AGREEMENT NO. 201219, LOS ANGELES HARBOR DEPARTMENT AGREEMENT NO. 12-3101
Transmittal 1
Transmittal 2
SUMMARY: The Cooperative Working Agreement between the Cities of Los Angeles and Long Beach – Federal Maritime Commission (FMC) Agreement No. 201219, City of Los Angeles Harbor Department Agreement No. 12-3101 (Agreement) provides immunity from federal anti-trust laws, as provided for under the Shipping Act of 1984, so that the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (collectively “the Ports”) may discuss and agree upon joint programs and strategies to improve the port-related transportation infrastructure and decrease port-related pollution emissions. The Agreement has been utilized in the past for the Ports to discuss issues of joint interest including implementation of the Clean Truck Program, chassis supply and truck turn-time issues in the San Pedro Bay complex. The Agreement is currently being utilized for the purpose of discussing container chassis supply operations with various industry stakeholders. The Agreement became effective on March 3, 2013 after a predecessor agreement between the two Ports terminated effective December 31, 2012. The proposed First Amendment clarifies the Agreement purpose and discussion authority to include all the various supply chain sectors operating in and around the two Ports so that the Ports may address current congestion issues; updates agreement language around the Clean Truck Program; and provides an opportunity to address some general agreement administrative items. The FMC filing fee associated with the revised Agreement is the financial responsibility of both the Harbor Department and the Port of Long Beach, wherein the $851.00 filing fee will be split equally between the two entities.
Recommendation: Board resolve to (1) approve the proposed revised Agreement between the City of Los Angeles and the City of Long Beach; (2) authorize the Executive Director to execute and Board Secretary to attest to said Agreement, for and on behalf of the Board; (3) authorize the Office of the City Attorney to file the revised Agreement with the Federal Maritime Commission; and (4) adopt the foregoing as Resolution No.____________.
Executive Office
6. Re: RESOLUTION NO. ___________ - PRESENTATION ON DRAFT PUBLIC ACCESS INFRASTRUCTURE FUNDING POLICY FOR DISCUSSION ONLY
Transmittal
SUMMARY: Staff presents the Draft Public Access Investment Funding Policy (Draft Policy) of the City of Los Angeles Harbor Department (Harbor Department) for public and Board of Harbor Commissioners (Board) input and discussion with no Board action requested. Pending input received, Staff intends to present a proposed final policy with a recommendation for approval at a future Board meeting. The Draft Policy explains the Harbor Department’s commitment to developing, operating and maintaining public access infrastructure and facilities in a fiscally responsible manner. The goal of this policy is to develop transparent and sustainable practices for building and maintaining existing and future public access infrastructure to reach achievable long term development milestones for the LA Waterfront and other public access projects. The budget guidelines created through this policy provide an overall strategy on public access infrastructure, and programs such as sponsorships and events, that will allow the development of future public access projects in alignment with the Harbor Department’s Financial Policies.
Recommendation: Board resolve to (1) receive the presentation on the Draft Public Access Investment Funding Policy; (2) provide an opportunity for public comment on the Draft Policy; (3) provide an opportunity for Board discussion and input on the Draft Policy; and (4) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed First Amendment to Permit 899 with Pacific Battleship Center, Inc.:
Property: Berths 87-89, San Pedro, California
City Negotiators: Jack Hedge, Paul Andre
Tenant Negotiator: Jonathan Williams
Negotiating Parties: City and Pacific Battleship Center, Inc.
Under Negotiation: Price and Terms
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: eight cases.