Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, NOVEMBER 1, 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 Sally Tomboc
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
Audit Committee of October 18, 2018
G. Approval of the Minutes
Special Meeting of October 18, 2018
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 - 7)
1. RESOLUTION NO.____________ - ORDER APPROVING COMPENSATION RESET UNDER PERMIT NO. 870 WITH SOUTHERN CALIFORNIA GAS COMPANY
Transmittal 1
Summary: Staff requests approval of a compensation reset under Permit No. 870 (P870) with Southern California Gas Company (SCGC) for the five-year period of October 25, 2017 through October 24, 2022. P870 has a 20-year term from October 25, 2012 to October 24, 2032, with compensation to be reset every five years. P870 grants SCGC the use of 3,331 square feet (s.f.) of subsurface land located in East Wilmington for maintenance and operation of an existing pipeline. Effective October 25, 2017, annual compensation for the first year of the reset period will be $4,996.50, with subsequent annual Consumer Price Index (CPI) adjustments.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that 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) approve the Order resetting compensation under Permit No. 870 with Southern California Gas Company; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 870; and (4) adopt Resolution No.___________ and Order No.___________.
2. RESOLUTION NO.____________ - CALTRANS COOPERATIVE AGREEMENT NO. 07-5164 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO DEVELOP PLANS, SPECIFICATIONS, AND ESTIMATE FOR THE STATE ROUTE 47(SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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) approve the State of California Department of Transportation (Caltrans) Cooperative Agreement between the City of Los Angeles Harbor Department and the State of California Department of Transportation; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
3. RESOLUTION NO.____________ - APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT ON THE TEMPORARY RELOCATION OF THE PEREGRINE FALCON NESTING HABITAT
Transmittal 1
Summary: Staff requests approval of a Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department), and the Alameda Corridor Transportation Authority (ACTA), acting as an agent for the State of California Department of Transportation (DOT), to permit the temporary relocation of a peregrine falcon nesting habitat as part of the continued replacement of the State’s Schuyler Heim Bridge. The previous MOU (Agreement No. 10-2933) allowed the State to relocate a peregrine nesting habitat that was located on the Schuyler Heim Bridge during construction of the new bridge to the Badger Avenue Bridge. Since the previous MOU has expired and construction of the new bridge is continuing past the previously anticipated completion date, a new MOU is needed to allow continued relocation of the peregrine falcon nesting habitat as well as necessary access to Harbor Department property to accomplish the relocation. The nest will be relocated back to the new Schuyler Heim Bridge once construction is complete. The current estimated date for completion is December 2021. There is no financial obligation associated with this MOU.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2 (i) of the Los Angeles City CEQA Guidelines; (2) approve the Memorandum of Understanding between the City of Los Angeles Harbor Department, the State of California Department of Transportation, and the Alameda Corridor Transportation Authority for a term of five years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Memorandum of Understanding; and (4) adopt Resolution No. ____________.
4. RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE SUBZONE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PUMA NORTH AMERICA INC. FTZ 202, SUBZONE SITE H
Transmittal 1
Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and PUMA North America Inc. (PUMA) to operate warehouses at the following four addresses within FTZ 202, Site H, located at: 19700 Van Ness Avenue, Torrance, CA 90501; 19688 Van Ness Avenue, Torrance, CA 90501; 19900 Van Ness Avenue, Torrance, CA 90501; and 1540 Francisco Street, Torrance, CA 90501. On September 20, 2018, the FTZ Board approved a subzone of FTZ 202 under the alternative site framework to establish subzone Site H for the sole use of PUMA. The Harbor Department, as the FTZ grantee, establishes an FTZ Operating Agreement with FTZ site operators to oversee their FTZ operations. Site H consists of four warehouses totaling approximately 823,906 square feet and office space on 28.94 acres located approximately 10 miles from the Port of Los Angeles. PUMA will operate its warehouses under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options and PUMA will pay an annual fee of $10,000.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that 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) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and PUMA North America Inc.; (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 Los Angeles City 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.____________.
5. RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CALIFORNIA STEEL INDUSTRIES, INC. FTZ 202, SITE 55
Transmittal 1
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and California Steel Industries, Inc. (CSI) to operate its facility within FTZ 202, Site 55, located at 14000 San Bernardino, Fontana, California 92335. On October 11, 2018 the Foreign-Trade Zones Board approved a minor boundary modification of Foreign-Trade Zone 202 under the alternative framework to establishing a usage-driven Site 55 for the sole use of CSI. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 55 is a steel production facility, warehouse and office building totaling approximately 360.70 acres located approximately 65 miles from the Port of Los Angeles. CSI will be operating its facility under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $10,000 annually from CSI (per FTZ Tariff No. 2).
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that 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) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and California Steel Industries, Inc; (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.____________.
6. RESOLUTION NO.____________ - ADOPTION OF THE 2019 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board resolve to (1) adopt subject Resolution No.___________.
7. RESOLUTION NO.____________ - ACCEPTANCE OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT UNDER FISCAL YEAR 2018 PORT SECURITY GRANT PROGRAM, AWARD NO. EMW-2018-PU-00469
Transmittal 1
Summary: Staff requests the Board of Harbor Commissioners accept and enter into Grant Award, EMW-2018-PU-00469, with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Los Angeles Harbor Department (Harbor Department) under the Fiscal Year (FY) 2018 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be in the amount of $2,114,700 with an award date of September 1, 2018. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance $937,500; Security System Expansion and Integration $937,500; and Dive and Hazmat Equipment $239,700. The award is for a three year period ending August 31, 2021. A 25% cost share is required under this FY 2018 PSGP, which will be funded by the Harbor Department. The Harbor Department’s total cost share and financial responsibility for the projects is $704,900, for a total cost of $2,819,600 for all three projects.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(6) of the Los Angeles City CEQA Guidelines; (2) approve the Grant Award, Grant No. EMW-2018-PU-00469 between the City of Los Angeles Harbor Department and the United States Department of Homeland Security, Federal Emergency Management Agency for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2018 Port Security Grant Program; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the Harbor Department to implement the projects approved for funding by the DHS; and (5) adopt Resolution No.____________ accepting the Grant Award for EMW-2018-PU-00469 for FY 2018 PSGP.
Regular Item No. 8
8. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LONG BEACH HARBOR DEPARTMENT TO SHARE THE COST OF FEASIBILITY STUDIES
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the City of Long Beach Harbor Department (POLB) to each pay an equal amount for the preparation of the zero and near-zero emission drayage truck and cargo handling equipment feasibility studies (Project). These feasibility studies will provide an assessment of the status of technologies and supporting infrastructure that will be needed to implement the strategies found in the San Pedro Bay Ports 2017 Clean Air Action Plan Update. The total cost of the Project will be up to $424,000. The Harbor Department will pay for the studies and be reimbursed by POLB through this Cost Share Agreement for 50% of the entire cost. The Harbor Department’s share of the studies will be up to $212,000.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the proposed Cost Share Agreement between the City of Los Angeles Harbor Department and the City of Long Beach Harbor Department for the cost share of the preparation of the zero and near-zero emission drayage truck and cargo handling equipment feasibility reports; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
K. 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 – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (two cases)
3. 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: (two cases)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to proposed
Wilmington real estate transfers with Department of Water & Power:
Property: Assessor Parcel No. 7440-006-908, Wilmington, CA
Assessor Parcel No. 7440-009-905, Wilmington, CA
Assessor Parcel No. 7440-006-912, Wilmington, CA
Assessor Parcel No. 7440-009-911, Wilmington, CA
Assessor Parcel No. 7418-034,900, Wilmington, CA
Assessor Parcel No. 7418-034,901, Wilmington, CA
Assessor Parcel No. 7418-034,902, Wilmington, CA
Assessor Parcel No. 7440-006-910, Wilmington, CA
Assessor Parcel No. 7440-006-927, Wilmington, CA
City Negotiator: Michael Galvin
Tenant Negotiator: Massoud Saboury
Negotiating Parties: City and Department of Water & Power
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit No. 724 with Los Angeles Yacht Club:
Property: 285 Whaler’s Walk, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Damon Guizot
Negotiating Parties: City and Los Angeles Yacht Club
Under Negotiation: Price and Terms
L. Adjournment