Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REVISED
AGENDA OF THE SPECIAL MEETING
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Sung Won Sohn
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner 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
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes of the Regular Meetings of August 16, 2012, September 20, 2012, October 4, 2012, and November 1, 2012 for approval.
G. PRESENTATION
Oil Overview Presentation, Curtis Henderson
Port Master Plan Update, Michael Cham
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR CONSENT ITEMS (1 - 5
1. Re: RESOLUTION NO. ______________ - AWARD OF CONTRACT NO. 39660 TO SIMPLEX GRINNELL FOR PORT-WIDE FIRE ALARM AND FIRE SUPPRESSION SYSTEM MAINTENANCE AND UPGRADES
Transmittal 1 Transmittal 3
SUMMARY: The Construction and Maintenance Division (C&M) requests the approval of a one-year contract with two, one-year renewal options to Simplex Grinnell of Santa Fe Springs, California, for port-wide fire alarm and fire suppression system maintenance and upgrades for an amount not to exceed $2,000,000 for the first year and $2,000,000 for each of the two subsequent years if the renewal options are exercised. The contract is based on a cooperative arrangement with two contracts: General Services Administration (GSA) Contract No. GS-07F-0396M and Western States Contracting Alliance (WSCA) Contract No. 1568. The fire-life safety systems installed for the City of Los Angeles Harbor Department (Harbor Department) require specialty certification for personnel to maintain, test and program the equipment that City employees do not possess. Recommendation: Board resolve to (1) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with Simplex Grinnell based on a cooperative arrangement with the General Services Administration to utilize Contract No. GS-07F-0396M and with the Western States Contracting Alliance to utilize Contract No. 1568; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) award Contract No. 39660 in the amount of $2,000,000 for fire alarm and fire suppression system maintenance and upgrades throughout the Port of Los Angeles to Simplex Grinnell of Santa Fe Springs, California, for a period of one year, with two, one-year renewal options in the amount of $2,000,000 each year to be exercised by the Executive Director or her designee, with extension of the Western States Contracting Alliance portion conditioned on extensions of the underlying Western States Contracting Alliance contract; (4) authorize the Executive Director to execute Contract No. 39660 in ccordance with General Services Administration Contract No. GS-07F-0396M and Western States Contracting Alliance Contract No. 1568; and (5) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Mitigated negative Declaration (IS/MND) for the proposed Wilmington Youth Sailing and Aquatic Center (WYSAC) Project (Project) at Berth 204 in Wilmington, along with the comments and responses to comments; make specific findings regarding the environmental impacts of the Project and mitigation measures to reduce or avoid such impacts; adopt a Mitigation Monitoring and Reporting Program (MMRP); and approve the Project as described in the Final IS/MND. The Project includes construction of a sailing center facility with an adjacent boat dock and launch ramp and operation of a program that focuses on teaching local and inner-city youth how to sail. The primary objective of the program is to provide an opportunity for local and inner-city youths to develop life skills through sailing exercises, safe boating courses, and exposure to career opportunities at the Port of Los Angeles (Port). The program would accommodate up to 1,000 at-risk youths per year between the ages of 8-18. Students would be from the Wilmington community and surrounding areas. The Project also provides for a new lease and operating agreement of up to five years with the program operator. Approval of the lease and operating agreement will be brought before the Board in a separate future action. Recommendation: Board resolve to (1) find that, based on the information contained in this report and the Final Initial Study/Mitigated Negative Declaration for the Wilmington Youth Sailing and Aquatic Center project, and with incorporation of mitigation measures in the Final Initial Study/Mitigated Negative Declaration, that the Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and the State California Environmental Quality Act Guidelines Section 15070; (2) adopt, pursuant to State California Environmental Quality Act Guidelines Section 15074, the Final Initial Study/Mitigated Negative Declaration for the Wilmington Youth Sailing and Aquatic Center Project which (a) has been completed in compliance with the California Environmental Quality Act, the State California Environmental Quality Act Guidelines, and the Los Angeles City California Environmental Quality Act Guidelines; (b) was presented to the Board for review and the Board reviewed and considered the information contained in the Final Initial Study/Mitigated Negative Declaration prior to approving the Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the California Environmental Quality Act Lead Agency; (3) find that all information added to the Final Initial Study/Mitigated Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and recirculation is not necessary; (4) adopt the Mitigation monitoring and Reporting Program contained in the Final Initial Study/Mitigated Negative Declaration as required by Public Resources Code Section 21081.6 and State California Environmental Quality Act Guidelines Section 15074. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department as lead agency and other applicable entities, to monitor and verify Project compliance with those mitigation measures and conditions of Project approval; (5) in consideration of the Final Initial Study/Mitigated Negative Declaration, together with the comment letters received and the response to comments, approve the Wilmington Youth Sailing and Aquatic Center Project; (6) direct the Real Estate Division to incorporate by reference the Final Initial Study/Mitigated Negative Declaration, mitigation measures, lease measures, and the Mitigation Monitoring Reporting Program contained in the Final Initial Study/Mitigated Negative declaration into any and all permits, lease agreements, or assignments encompassed in the approved Project; (7) direct the Real Estate Division to report to the Board the details regarding the lease and operating agreement once drafted; (8) authorize the Environmental Management Division to file the Notice of Determination for the subject Project with the Los Angeles City and County Clerks; and (9) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: As required by the Port of Los Angeles Community Advisory Committee (PCAC) By-laws, the Board of Harbor Commissioners (Board) is being asked to approve changes in the PCAC membership for the San Pedro and Peninsula Homeowners Coalition and the Harbor City Neighborhood Council. Recommendation: Board resolve to (1) approve William McKenna as the San Pedro and Peninsula Homeowners Coalition Alternate Member; (2) approve Dr. Irene James as the Harbor City Neighborhood Council Alternate Member; and (3) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Bureau of Sanitation (BOS) is requesting a one-year extension to Coastal Development Permit (CDP) No. 11-05, a Level II, appealable permit to continue the operation of the Terminal Island Renewable Energy (TIRE) Project at the Terminal Island Water Reclamation Plant (TIWRP).The TIRE Project injects bio-solids underground with the goal of producing methane gas, a renewable energy source. CDP No. 11-05 will expire prior to U.S. Environmental Protection Agency (EPA) approval of a new underground injection control (UIC) permit. The UIC permit is now expected to be approved by mid-2013. Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 11-05, subject to the standard conditions set forth in the permit, and direct the Director of Planning and Economic
Development to extend said permit; and (2) adopt Resolution No. ___________.
Transmittals 1-3
SUMMARY: Permit No. 702 (P702) grants Del Monte Corporation (Del Monte) use of City of Los Angeles Harbor Department (Harbor Department) properties at 1054 Ways Street and 212 Terminal Way on Terminal Island for the construction, operation, and maintenance of a fish and pet food processing and canning facility, and related purposes. Under the terms of P702, Del Monte has been paying the 150 percent holdover rate since the permit expired on May 6, 2006.Revocable Permit No. 96-44 (RP 96-44) grants Del Monte use of Harbor Department property on Earle Street on Terminal Island for the construction,
operation, and maintenance of employee parking lots. RP 96-44 requires a 30-day notification for termination.
Del Monte ceased its fish processing and canning operations and vacated the related portions of the premises in September 2010. The terms of P702 and RP 12-03 require Del Monte to demolish all non-Harbor Department owned improvements and restore the premises to an acceptable condition. However, portions of the premises are eligible for listing under the National Register of Historic Places according the to the 2011 Built Environment Evaluation Report for Properties on Terminal Island, which was completed as part of the Terminal Island Land Use Plan. In order to allow Del Monte to terminate P702 and RP 96-
44, the terms of the proposed Permit Termination and Mutual Release Agreement terminates P702 and RP 96-44, and allows Del Monte to return the subject premises without requiring demolition, restoration, or remediation of the vacated premises, as required by the permits in exchange for payment (Restoration Fee) of the estimated amount required to demolish, restore, and
remediate the premises. The remaining occupied portions under P702 and RP 96-44 will be under successor Revocable Permit No. 12-03 (RP 12-03). Recommendation: Board resolve to (1) approve the proposed Permit Termination and Mutual Release Agreement with Del Monte Corporation; (2) approve successor Revocable Permit No. 12-03 with Del Monte Corporation; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Permit Termination and Mutual Release Agreement; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable
Permit No. 12-03; and (5) adopt Resolution No. ____________.
Transmittal 1
Transmittal 2
SUMMARY: ExxonMobil Oil Corporation (ExxonMobil) is requesting a one-year extension to Coastal Development Permit (CDP) No. 10-07, a Level I, nonappealable permit, to protect, relocate, and remove numerous pipelines in Wilmington that are in conflict with the South Wilmington Grade Separation (SWGS) and the Berth 200 Rail Yard projects. CDP No. 10-07 was made effective December 15, 2010, and will expire prior to the initiation of construction (early 2013). Construction is delayed due to hazardous waste soil liability and project design issues. Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 10-07, subject to the standard conditions set forth in the permit and direct the Director of Planning and Economic Development to extend said permit; and (2) adopt Resolution No. ___________.
I. CLOSED SESSION
1. 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
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Cheryl Morris v. City of Los Angeles, et al., United States District
Court Case No. CV12-4911DMG (PJWx)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Yolanda Sandoval v. City of Los Angeles, et al., Los Angeles
Superior Court Case No. BC465730
4. 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: one case.
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 Regular Meetings of August 16, 2012, September 20, 2012, October 4, 2012, and November 1, 2012 for approval.
G. PRESENTATION
Oil Overview Presentation, Curtis Henderson
Port Master Plan Update, Michael Cham
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR CONSENT ITEMS (1 - 5
Construction and Maintenance
1. Re: RESOLUTION NO. ______________ - AWARD OF CONTRACT NO. 39660 TO SIMPLEX GRINNELL FOR PORT-WIDE FIRE ALARM AND FIRE SUPPRESSION SYSTEM MAINTENANCE AND UPGRADES
Transmittal 1 Transmittal 3
SUMMARY: The Construction and Maintenance Division (C&M) requests the approval of a one-year contract with two, one-year renewal options to Simplex Grinnell of Santa Fe Springs, California, for port-wide fire alarm and fire suppression system maintenance and upgrades for an amount not to exceed $2,000,000 for the first year and $2,000,000 for each of the two subsequent years if the renewal options are exercised. The contract is based on a cooperative arrangement with two contracts: General Services Administration (GSA) Contract No. GS-07F-0396M and Western States Contracting Alliance (WSCA) Contract No. 1568. The fire-life safety systems installed for the City of Los Angeles Harbor Department (Harbor Department) require specialty certification for personnel to maintain, test and program the equipment that City employees do not possess. Recommendation: Board resolve to (1) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with Simplex Grinnell based on a cooperative arrangement with the General Services Administration to utilize Contract No. GS-07F-0396M and with the Western States Contracting Alliance to utilize Contract No. 1568; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) award Contract No. 39660 in the amount of $2,000,000 for fire alarm and fire suppression system maintenance and upgrades throughout the Port of Los Angeles to Simplex Grinnell of Santa Fe Springs, California, for a period of one year, with two, one-year renewal options in the amount of $2,000,000 each year to be exercised by the Executive Director or her designee, with extension of the Western States Contracting Alliance portion conditioned on extensions of the underlying Western States Contracting Alliance contract; (4) authorize the Executive Director to execute Contract No. 39660 in ccordance with General Services Administration Contract No. GS-07F-0396M and Western States Contracting Alliance Contract No. 1568; and (5) adopt Resolution No. ____________.
Environmental Management
2. Re: RESOLUTION NO. ______________ - ADOPTION OF FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE WILMINGTON YOUTH SAILING AND AQUATIC CENTER (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR DISCRETIONARY PROJECT NO. 100325-026; SCH NO. 2012071095)Transmittal 1
Transmittal 2
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Mitigated negative Declaration (IS/MND) for the proposed Wilmington Youth Sailing and Aquatic Center (WYSAC) Project (Project) at Berth 204 in Wilmington, along with the comments and responses to comments; make specific findings regarding the environmental impacts of the Project and mitigation measures to reduce or avoid such impacts; adopt a Mitigation Monitoring and Reporting Program (MMRP); and approve the Project as described in the Final IS/MND. The Project includes construction of a sailing center facility with an adjacent boat dock and launch ramp and operation of a program that focuses on teaching local and inner-city youth how to sail. The primary objective of the program is to provide an opportunity for local and inner-city youths to develop life skills through sailing exercises, safe boating courses, and exposure to career opportunities at the Port of Los Angeles (Port). The program would accommodate up to 1,000 at-risk youths per year between the ages of 8-18. Students would be from the Wilmington community and surrounding areas. The Project also provides for a new lease and operating agreement of up to five years with the program operator. Approval of the lease and operating agreement will be brought before the Board in a separate future action. Recommendation: Board resolve to (1) find that, based on the information contained in this report and the Final Initial Study/Mitigated Negative Declaration for the Wilmington Youth Sailing and Aquatic Center project, and with incorporation of mitigation measures in the Final Initial Study/Mitigated Negative Declaration, that the Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and the State California Environmental Quality Act Guidelines Section 15070; (2) adopt, pursuant to State California Environmental Quality Act Guidelines Section 15074, the Final Initial Study/Mitigated Negative Declaration for the Wilmington Youth Sailing and Aquatic Center Project which (a) has been completed in compliance with the California Environmental Quality Act, the State California Environmental Quality Act Guidelines, and the Los Angeles City California Environmental Quality Act Guidelines; (b) was presented to the Board for review and the Board reviewed and considered the information contained in the Final Initial Study/Mitigated Negative Declaration prior to approving the Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the California Environmental Quality Act Lead Agency; (3) find that all information added to the Final Initial Study/Mitigated Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and recirculation is not necessary; (4) adopt the Mitigation monitoring and Reporting Program contained in the Final Initial Study/Mitigated Negative Declaration as required by Public Resources Code Section 21081.6 and State California Environmental Quality Act Guidelines Section 15074. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department as lead agency and other applicable entities, to monitor and verify Project compliance with those mitigation measures and conditions of Project approval; (5) in consideration of the Final Initial Study/Mitigated Negative Declaration, together with the comment letters received and the response to comments, approve the Wilmington Youth Sailing and Aquatic Center Project; (6) direct the Real Estate Division to incorporate by reference the Final Initial Study/Mitigated Negative Declaration, mitigation measures, lease measures, and the Mitigation Monitoring Reporting Program contained in the Final Initial Study/Mitigated Negative declaration into any and all permits, lease agreements, or assignments encompassed in the approved Project; (7) direct the Real Estate Division to report to the Board the details regarding the lease and operating agreement once drafted; (8) authorize the Environmental Management Division to file the Notice of Determination for the subject Project with the Los Angeles City and County Clerks; and (9) adopt Resolution No. ____________.
External Relations
3. Re: RESOLUTION NO. ____________ - FOR THE APPROVAL OF CHANGES TO THE MEMBERSHIP OF THE PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEETransmittal 1
Transmittal 2
SUMMARY: As required by the Port of Los Angeles Community Advisory Committee (PCAC) By-laws, the Board of Harbor Commissioners (Board) is being asked to approve changes in the PCAC membership for the San Pedro and Peninsula Homeowners Coalition and the Harbor City Neighborhood Council. Recommendation: Board resolve to (1) approve William McKenna as the San Pedro and Peninsula Homeowners Coalition Alternate Member; (2) approve Dr. Irene James as the Harbor City Neighborhood Council Alternate Member; and (3) adopt Resolution No. ____________.
Planning & Economic Development
4. Re: RESOLUTION NO. ____________ - TIME EXTENSION OF COASTAL DEVELOPMENT PERMIT NO. 11-05 TO THE CITY OF LOS ANGELES, BUREAU OF SANITATION FOR THE TERMINAL ISLAND RENEWABLE ENERGY PROJECTTransmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Bureau of Sanitation (BOS) is requesting a one-year extension to Coastal Development Permit (CDP) No. 11-05, a Level II, appealable permit to continue the operation of the Terminal Island Renewable Energy (TIRE) Project at the Terminal Island Water Reclamation Plant (TIWRP).The TIRE Project injects bio-solids underground with the goal of producing methane gas, a renewable energy source. CDP No. 11-05 will expire prior to U.S. Environmental Protection Agency (EPA) approval of a new underground injection control (UIC) permit. The UIC permit is now expected to be approved by mid-2013. Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 11-05, subject to the standard conditions set forth in the permit, and direct the Director of Planning and Economic
Development to extend said permit; and (2) adopt Resolution No. ___________.
Real Estate
5. Re: RESOLUTION NO. ____________ - PERMIT TERMINATION AND MUTUAL RELEASE AGREEMENT TO PERMIT NO. 702 AND REVOCABLE PERMIT NO. 96-44 WITH DEL MONTE CORPORATION AND PROPOSED SUCCESSOR REVOCABLE PERMIT NO. 12-03Transmittals 1-3
SUMMARY: Permit No. 702 (P702) grants Del Monte Corporation (Del Monte) use of City of Los Angeles Harbor Department (Harbor Department) properties at 1054 Ways Street and 212 Terminal Way on Terminal Island for the construction, operation, and maintenance of a fish and pet food processing and canning facility, and related purposes. Under the terms of P702, Del Monte has been paying the 150 percent holdover rate since the permit expired on May 6, 2006.Revocable Permit No. 96-44 (RP 96-44) grants Del Monte use of Harbor Department property on Earle Street on Terminal Island for the construction,
operation, and maintenance of employee parking lots. RP 96-44 requires a 30-day notification for termination.
Del Monte ceased its fish processing and canning operations and vacated the related portions of the premises in September 2010. The terms of P702 and RP 12-03 require Del Monte to demolish all non-Harbor Department owned improvements and restore the premises to an acceptable condition. However, portions of the premises are eligible for listing under the National Register of Historic Places according the to the 2011 Built Environment Evaluation Report for Properties on Terminal Island, which was completed as part of the Terminal Island Land Use Plan. In order to allow Del Monte to terminate P702 and RP 96-
44, the terms of the proposed Permit Termination and Mutual Release Agreement terminates P702 and RP 96-44, and allows Del Monte to return the subject premises without requiring demolition, restoration, or remediation of the vacated premises, as required by the permits in exchange for payment (Restoration Fee) of the estimated amount required to demolish, restore, and
remediate the premises. The remaining occupied portions under P702 and RP 96-44 will be under successor Revocable Permit No. 12-03 (RP 12-03). Recommendation: Board resolve to (1) approve the proposed Permit Termination and Mutual Release Agreement with Del Monte Corporation; (2) approve successor Revocable Permit No. 12-03 with Del Monte Corporation; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Permit Termination and Mutual Release Agreement; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable
Permit No. 12-03; and (5) adopt Resolution No. ____________.
REGULAR ITEM NO. 6
Planning & Economic Development
6. Re: RESOLUTION NO. ____________ - TIME EXTENSION OF COASTAL DEVELOPMENT PERMIT NO. 10-07 TO EXXONMOBIL OIL CORPORATION FOR THE PROTECTION, RELOCATION, AND REMOVAL OF PIPELINES AT VARIOUS LOCATIONS IN WILMINGTON, CALIFORNIAPlanning & Economic Development
Transmittal 1
Transmittal 2
SUMMARY: ExxonMobil Oil Corporation (ExxonMobil) is requesting a one-year extension to Coastal Development Permit (CDP) No. 10-07, a Level I, nonappealable permit, to protect, relocate, and remove numerous pipelines in Wilmington that are in conflict with the South Wilmington Grade Separation (SWGS) and the Berth 200 Rail Yard projects. CDP No. 10-07 was made effective December 15, 2010, and will expire prior to the initiation of construction (early 2013). Construction is delayed due to hazardous waste soil liability and project design issues. Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 10-07, subject to the standard conditions set forth in the permit and direct the Director of Planning and Economic Development to extend said permit; and (2) adopt Resolution No. ___________.
I. CLOSED SESSION
1. 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
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Cheryl Morris v. City of Los Angeles, et al., United States District
Court Case No. CV12-4911DMG (PJWx)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Yolanda Sandoval v. City of Los Angeles, et al., Los Angeles
Superior Court Case No. BC465730
4. 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: one case.