REGULAR MEETING AGENDA
THURSDAY, JUNE 21, 2018 AT 8:30 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
__________________________________________________________________________________
Convene in Memory of Jim Gladson, Founder of Los Angeles Maritime Institute
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives - An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
1. Regular Meeting of May 17, 2018
2. Regular Meeting of June 7, 2018
3. Special Meeting of June 7, 2018
H. Presentation
Community Investment Grants
I. Level I Coastal Development Permit
Transmittal 1
Transmittal 2
The Executive Director has approved two Level I CDPs:
CDP No. 18-09 TraPac, LLC - Removal of 1,000-gallon Underground Storage Tank at 630 W. Harry Bridges Blvd.
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Public Hearing
1(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-01) TO THE PORT OF LOS ANGELES FOR THE BERTHS 226-236 [EVERPORT] CONTAINER TERMINAL IMPROVEMENTS PROJECT
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning & Strategy
1(b) RESOLUTION NO. _____________ - ISSUANCE OF A LEVEL II NON- APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-01) TO THE PORT OF LOS ANGELES FOR THE BERTHS 226-236 [EVERPORT] CONTAINER TERMINAL IMPROVEMENTS PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-01 to the Los Angeles Harbor Department (Harbor Department) to redevelop the existing container terminal at Berths 226-236. The redevelopment project would improve marine shipping and commerce at the existing Everport Container Terminal located on Terminal Island to accommodate larger container vessels (up to 16,000 twenty-foot equivalent units (TEUs) that are anticipated to call at the Everport Container Terminal during the proposed lease extension through December 31, 2038 under Permit 888. The project would consist of deepening two existing berths (Berths 226–229 and Berths 230–232), adding five new 100-foot gauge container (ship-to-shore) cranes, raising up to five existing operational cranes, adding five Alternative Maritime Power (AMP) vaults, and constructing backland improvements. The project would also increase the capacity of the Terminal Island Container Transfer Facility (TICTF) by adding tracks to this on-dock facility. The project would expand the existing container terminal from 205 acres to approximately 229 and would allow dredging approximately 1,400 linear feet of wharf to design depth at Berths 226-229 of -53 feet mean low low water (MLLW) and Berth 230-232 of -47 feet MLLW. The project would close portions of Terminal Way, Barracuda Street, Tuna Street, and Ways Street and reroute Terminal Way traffic to Cannery Street with improvements to Cannery Street. The project will redevelop and expand the existing container terminal as outlined in the Application for Port Permit (APP) No. 131015-136. The project is estimated to cost $58.7 million. Staff recommends approval of CDP 18-01.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 18-01, a Level II non-appealable permit; (2) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article II Section 2(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 18-01, consistent with the project description listed on Application for Port Permit No. 131015-136, and direct the Director of Planning and Strategy to issue said permit; and (5) adopt Resolution No.___________.
K. Board Reports of the Executive Director
Consent Items (2 - 5)
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of the Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Phillips 66 Company (P66Co) to continue operating its refinery and storages within FTZ 202, Site C. Site C consists of four refining, storage facilities and office space located in Carson, Torrance, and Wilmington. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ operators to oversee their FTZ operations. Currently, the Harbor Department and P66Co have an FTZ Agreement which will expire on June 30, 2018. P66Co wishes to continue operating its refinery as a FTZ thus, the Harbor Department needs to execute a new Agreement as required by the FTZ Board. FTZ 202 Site C consists of a refinery and office space on 727 acres in Wilmington. P66Co will be operating its facilities under FTZ procedures. This proposed Agreement will not require funding by the Harbor Department. The proposed Agreement is for a term of five years, commencing July 1, 2018, to June 30, 2023. Upon approval, the proposed Agreement is for five years with three, five-year renewal options at an annual compensation of $10,000.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1 (14), of the Los Angeles City CEQA Guidelines; (2) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Phillips 66 Company; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and
(5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 17-18 with Crimson Pipeline L.P., a California Limited Partnership (Crimson). The premises consist of 58,723 square feet of land bounded by Grant Street, Leeds Avenue and Southerland Avenue in Wilmington. Crimson is responsible for performing site investigation, characterization, remediation, monitoring, testing, containment, filing of reporting obligations and other activities related to the Youngstown Lateral oil spill. The premises will be used for equipment storage and other uses related to the maintenance and operation of an oil spill containment system, including the storage of baker tanks, vacuum trucks, an equipment truck, light tower, generators, air compressors, portable toilets, wash stands, and an office trailer. Per the terms of the Settlement Agreement, there is to be no compensation charged for storage of the remediation related equipment since, by storing the equipment on site, Crimson will be readily available to maintain the containment system in full compliance which is in the Harbor Department's best interest. Crimson is responsible for all costs associated with the operations and maintenance of the site. The permit is fully revocable upon 30 days' written notice.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) find that it is in the best interest of the Harbor Department and the people of the City of Los Angeles and the State of California to have this function on the premises at no charge to the Tenant; (3) approve Revocable Permit No 17-18 with Crimson Pipeline L.P., a California limited partnership; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 17-18; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Permit No. 924 between the City of Los Angeles Harbor Department (Harbor Department) and Cardinal Pipeline L.P. A California limited partnership (Cardinal) for a term of five years. The premises consists of 10,795 square feet of subsurface area located north of Sepulveda Boulevard along the Intermodal Container Transfer Facility, and another 1,585 square feet of subsurface area located near the Dominguez Channel. The premises will be used for the continuing operations of existing pipeline facilities. Cardinal will pay annual compensation of $18,570 ($1,547.50 monthly) plus Consumer Price Index (CPI) annual adjustments during the five-year term, based on an estimated market value of $30 per square foot, with a 50 percent discount for subsurface pipeline area. Cardinal will be responsible for all costs associated with maintenance and operation of the site.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(18) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 924 with Cardinal Pipeline L.P. A California limited partnership; (3) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 924; and (4) adopt Resolution No.____________.
Port Police
Summary: Staff request Board of Harbor Commission approval of an Agreement with Convergint Technologies, LLC (Convergint), Orange, California, to provide professional services to the City of Los Angeles Harbor Department (Harbor Department) for the maintenance and repair of equipment related to security systems at the World Cruise Center (WCC). The systems include Closed Circuit Television (CCTV) and access control readers. The scope of this agreement also includes system upgrades (hardware and software) that may be needed in order to enhance system performance or add to the system’s overall capabilities. The duration of the agreement will be one year with two, one-year, renewal options with a total not to exceed of $300,000. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, there are no City employees available to perform the work being proposed for contracting; (3) award the one year agreement (with two renewal options) to Convergint Technologies, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.___________.
Regular Items (6 - 9)
Planning & Strategy
Summary: Staff requests that the Board resolve to adopt the Amendment as certified by the Coastal Commission and authorize staff to inform the Coastal Commission of the Board’s action. On April 12, 2018, the California Coastal Commission (Coastal Commission) certified, as submitted, the Port of Los Angeles Master Plan Amendment (Amendment) to modify Planning Area 1 by adding Maritime Support as an allowed use at three locations. To complete the amendment process, the Board of Harbor Commissioners (Board) must formally adopt the Amendment as certified by the Coastal Commission and the Coastal Commission must accept the Board’s action as being consistent with its certification.
Recommendation: Board resolve to (1) find that the Director of Environmental Management had determined that the proposed action is administratively and generally exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Section 2(i) of the Los Angeles City CEQA Guidelines; (2) adopt the Amendment to add maritime support use to three locations in Planning Area 1 as certified by the Coastal Commission; (3) authorize the City of Los Angeles Harbor Department staff to inform the Coastal Commission of the Board’s action; and (4) adopt Resolution No.___________.
Environmental Management
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Berths 238-239 [PBF Energy] Marine Oil Terminal Wharf Improvements Project (Project) along with comments and responses to comments, and approve the proposed Project as described in the Final IS/MND. The proposed Project involves the issuance of a new 30-year lease for the continued operation of the Berths 238 and 239 marine oil terminal, tank farm, and underground pipelines. The approximately 37-acre Project site includes 19 active storage tanks of various sizes, parking, and several ancillary buildings.
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act Guidelines Section 15074, the Final Initial Study/Mitigated Negative Declaration for the Berth 238-239 [PBF Energy] Marine Oil Terminal Wharf Improvements Project (a) has been completed in compliance with the State California Environmental Quality Act Guidelines and the City of Los Angeles California Environmental Quality Act Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including, but not limited to: (a) the information contained in this report; and (b) the Final Initial Study/Mitigated Negative Declaration for the Berths 238-239 [PBF Energy] Marine Oil Terminal Wharf Improvements Project, there is no substantial evidence that the proposed Project will have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) find that 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 that 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) adopt the Final Initial Study/Mitigated Negative Declaration for the Berths 238-239 [PBF Energy] Marine Oil Terminal Wharf Improvements Project; (6) direct the Cargo and Industrial 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) authorize the Environmental Management Division to file the Notice of Determination for the Berths 238-239 [PBF Energy] Marine Oil Terminal Wharf Improvements Project with the Los Angeles City and County Clerks; and (8) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve an amendment to the existing Port of Los Angeles (Port) Tariff No. 4, Section 20 to require all trucks entering the Ports’ Drayage Truck Registry (PDTR) to be Model Year 2014 or newer (MY 2014+) after October 1, 2018, to implement the first round of Clean Truck Program (CTP) provisions described in the San Pedro Bay Ports 2017 Clean Air Action Plan (CAAP) Update. Section 20 is also revised to update and/or eliminate outdated provisions that remained in the tariff despite being superseded by drayage truck and marine fuel regulations enforced by the California Air Resources Board (CARB).
Recommendation: Board resolve to (1) find that the proposed action is generally exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines as determined by the Director of Environmental Management; (2) approve a Temporary Order No._______ to amend Port of Los Angeles Tariff No. 4 Section 20, Clean Air Action Plan - General Rules and Regulations; (3) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to Charter Section 653(b), and transmit the Temporary Order to the Chief Wharfinger for implementation, and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (4) adopt Resolution No.___________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve an amendment to the existing Port of Los Angeles (Port) Tariff No. 4, Section 20 to require all trucks entering the Ports’ Drayage Truck Registry (PDTR) to be Model Year 2014 or newer (MY 2014+) after October 1, 2018, to implement the first round of Clean Truck Program (CTP) provisions described in the San Pedro Bay Ports 2017 Clean Air Action Plan (CAAP) Update. Section 20 is also revised to update and/or eliminate outdated provisions that remained in the tariff despite being superseded by drayage truck and marine fuel regulations enforced by the California Air Resources Board (CARB).
Recommendation: Board resolve to (1) find that the proposed action is generally exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Amendment to Port of Los Angeles Tariff No. 4 Section 20, Clean Air Action Plan - General Rules and Regulations, subject to California Association of Port Authorities (CAPA) review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedure; (3) adopt a Permanent Order No. __________ to amend Port of Los Angeles Tariff No. 4 Section 20, Clean Air Action Plan - General Rules and Regulations; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and Ordinance approving and authorizing the amendment to Tariff No. 4 pursuant to City Charter 653(a); (5) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Tariff No. 4, and upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation of the tariff change and posting the amended Tariff No. 4 to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (6) adopt Resolution No.___________.
CLOSED SESSION
L. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0300 consolidated with Case Nos. CIVMSN14-0308, CIVMSN14-0309, CIVMSN14-0310, CIVMSN14-0311, CIVMSN14-0312, and CIVMSN14-0313
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Certain Underwriters at Lloyd's, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00467
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00591
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00592
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00464
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00465
8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00466
9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Waseem & Tajwar Ahmed dba Maha Enterprises, et al. v. City of Los Angeles, Los Angeles Superior Court Case No. BC702268
M. Adjournment