AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVEMBER 18, 2010 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
Commissioner 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. PRESENTATION
- Port Tech, Jeff Millanette
- Port Security Overview
G. APPROVAL OF MINUTES
Minutes of the regular meetings of July 1, 2010 and August 19, 2010 and special meetings of July 28, 2010 and August 5, 2010, for approval.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 4)
Environmental
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) awarded Versatile Energy Power Systems, Inc. (Versatile Energy), a Texas Corporation, a grant in the amount of $531,378 to design and demonstrate an engine retrofit system to reduce nitrogen oxides (NOx) and particulate matter (PM) emissions from harbor craft, such as commercial fishing and excursion vessels and tugboats. Versatile Energy and their subcontractor made adjustments to the project implementation schedule which was approved by the Director of Environmental Management in February 2010, and work has been carried out under the new implementation schedule. This First Amendment establishes a new payment schedule to properly align with the modified implementation schedule, and extends the agreement term from 24 months to 30 months. There is no adjustment to the total amount of the grant award.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 09-2770 with Versatile Energy Power Systems, Inc. to change the task and payment schedules and extend the Agreement term by six months; (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. _______.
SUMMARY: On June 9, 2010, the U.S. Environmental Protection Agency (EPA) awarded a grant in the amount of $731,298 to the City of Los Angeles Harbor Department (Harbor Department) to fund the “Port of Los Angeles (Port)/EcoPower EcoCrane Emerging Technologies Project” (EcoCrane Project). The grant funds will enable the Port’s container terminal operator, Marine Terminal Corporation, a Ports America Group (Ports America), to purchase an EcoPower crane, which is recognized by the EPA as an emerging green technology that significantly reduces greenhouse gases and key criteria emission pollutants. In order to act as the fiduciary agent to distribute grant funding, the Harbor Department must enter into a Subrecipient Agreement (Transmittal 1) with the lead project participant, Ports America (Phoenix, AZ).
Recommendation: Board resolve to (1) approve the Emerging Technologies Program Subrecipient Agreement with Marine Terminal Corporation, a Ports America Group, for a total amount not-to-exceed $731,298; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Agreement for and on behalf of the Board; and (3) adopt Resolution No. __________.
SUMMARY: On July 14, 2010, the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) were selected to receive grant funding in the amount of $346,178 by the California Air Resources Board (CARB) to demonstrate the use and effectiveness of a Tier 4 Diesel Particulate Matter (PM) Retrofit System on a Tier 3 Genset Switcher Locomotive to be operated by Union Pacific Railroad. The grant selection was part of a solicitation process by CARB under Assembly Bill (AB) 118 (Air Quality Improvement Program (AQIP) – Advanced Technology Demonstration Project) to promote and assist in the transition of diesel particulate filter (DPF) technologies to locomotive applications. In order to receive and administer the grant award, the Harbor Department is required to enter into a Grant Agreement with CARB and a Subrecipient Agreement with the lead project participant Johnson Matthey, Inc. (Malvern, PA). The grant award is a two-year project with an expected completion date of June 30, 2012.
Recommendation: Board resolve to (1) approve receipt of the AB 118 Air Quality Improvement Program Advanced Technology Demonstration Project Grant of $346,178 from CARB, of which $326,178 will be used for Project costs and $20,000 will be used for Harbor Department administrative costs; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Grant Agreement for and on behalf of the Board; (3) approve the Air Quality Improvement Program – Advanced Technology Demonstration Project Grant Subrecipient Agreement with Johnson Matthey, Inc. for a total amount not-to-exceed $326,178; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Agreement for and on behalf of the Board; and (5) adopt Resolution No.__________.
Planning and Economic Development
SUMMARY: ExxonMobil Oil Corporation (ExxonMobil) is proposing to protect, reroute, abandon-in-place, or remove numerous pipelines in Wilmington that are in conflict with the South Wilmington Grade Separation (SWGS) or the Berth 200 Rail Yard. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 10-07, 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 (CEQA); (2) authorize the Executive Director to approve the issuance of CDP No. 10-07; consistent with the project description listed on Application for Discretionary Project Nos. 100909-086 & 100909-087; and (3) Adopt Resolution No.__________.
REGULAR ITEMS (5 - 7)
Executive Office
5. Re: RESOLUTION NO. _________ - APPROVAL OF POTENTIAL SITE FOR USS IOWA (BOARD REPORT TO FOLLOW)
Real Estate
6. Re: PORT OF LOS ANGELES HIGH SCHOOL - SALE OF PROPERTY (BOARD REPORT TO FOLLOW)
Commission Office
7. Re: DISCUSSION OF 2011 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
I. CLOSED SESSION
1. 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 mediation with Gambol Industries, Inc.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
American Trucking Associations, Inc. v. City of Los Angeles, et al., United States District Court Case No. 08-04920-CAS, and United States Court of Appeals for the Ninth Circuit Case No. 08-56503
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Evaluation of Executive Director pursuant to Section 604(b) of the Los Angeles City Charter.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to purchase and sale negotiations with Port of Los Angeles High School concerning Permit No. 867:
Property: 250 West Fifth Street, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: James Cross
Negotiating Parties: City and Port of Los Angeles High School
Under Negotiation: Price and Terms