Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn.

Transcription

1 BOARD OF HARBOR COMMISSIONERS President Cindy Miscikowski Vice President David Arian Commissioner Robin M. Kramer Commissioner Douglas P. Krause Commissioner Sung Won Sohn Meeting Start Time: 8:37 a.m. Present: President Cindy Miscikowski, Vice President David Arian, Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn. Excused: None. PRESIDENT CINDY MISCIKOWSKI PRESIDED 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. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter. Page 1 of 10

2 B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS President Miscikowski called for comments from the public. The following persons commented: Mr. Ken Melendez, Port Community Advisory Committee Mr. Stephen Hamwey, Sasaki Association Ms. Melissa McCann, Sasaki Association Mr. Tom Politeo, Sierra Club Volunteer C. EXECUTIVE DIRECTOR REMARKS Executive Director Dr. Geraldine Knatz announced the following: The Port recognizes Laura Leon of the Engineering Division for going above and beyond her duties to assist two cruise ship passengers having difficulties with parking at the terminal. This week the Port had its first training session with the California Air Resources Board and the Ports Clean Truck Program enforcement team from Port Police. Today at 6 p.m. in the Harbor Administration Building is a Public Hearing on the APL Terminal Improvement EIR. D. REPORTS OF THE COMMISSIONERS Commissioner Kramer reported that she had a meeting with a western regional executive with NRDC. Vice President Arian reported that he met with Ocean Repair which wants to bring in a dry dock in the Port. He met with Mobil Oil over the Terminal Island question. He met with Metropolitan, which operates the cruise terminal, on some of its concerns. He met with PMA regarding the new hiring hall. Page 2 of 10

3 D. (Continued) At the next meeting he and Deputy Executive Director Michael Christensen will provide a presentation on their trip to Hamburg, Germany. Commissioner Krause reported that he met with ExxonMobil representatives regarding the master plan. Commissioner Sohn reported that he met with ExxonMobil this morning. E. BOARD COMMITTEE REPORTS There were no Board Committee reports. F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR CONSENT ITEMS (1-4) Clean Truck Program 1. Re: RESOLUTION NO APPROVAL OF COST SHARE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LONG BEACH FOR THE PORTS DRAYAGE TRUCK REGISTRY SUMMARY: The Clean Truck Program (CTP) is a key component of the San Pedro Bay Ports Clean Air Action Plan (CAAP) that requires the entire fleet of drayage trucks serving the Port of Los Angeles and Long Beach (Ports) to meet U.S. Environmental Protection Agency (EPA) 2007 heavy-duty on-road emissions standards by January 1, As an essential part of the CTP, the Ports developed a drayage truck registry (DTR) to establish a database containing critical information on all drayage trucks servicing Ports terminals. In general, the Port-owned DTR (PDTR) enables the Ports and Marine Terminal Operators to determine the eligibility of terminal access and is necessary in collection of annual truck registration fees. After receiving consultant support in developing the PDTR, the Port of Long Beach (POLB) Information Management Division undertook the responsibility for ongoing PDTR maintenance and hosting services in order to reduce the need for and cost of Page 3 of 10

4 1. (Continued) outside consultant services. POLB has been successfully providing these services for the benefit of both Ports since September of 2009 with the costs to be shared equally by the Ports. The requested action is for the Los Angeles Board of Harbor Commissioners (Board) to approve a Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and City of Long Beach, to each pay for 50% of the total PDTR maintenance and hosting services for up-to-a-maximum not-to-exceed amount of $144,190 (the Harbor Department s cost share portion). A portion of this amount, $42,380 is to reimburse POLB for the costs incurred pre-dating the Cost Share Agreement, for initial start-up and hosting and maintenance performed for the Harbor Department s benefit from September 2009 through December Recommendation: Board resolve to (1) approve the proposed Cost Share Agreement between the Harbor Department and POLB for an amount not-toexceed $144,190 for PDTR maintenance and hosting services, including initial start-up costs and services performed from September 2009 through December 31, 2014; (2) authorize the Executive Director to execute and Board Secretary to attest to said Cost Share Agreement for and behalf of the Board; and (3) adopt Resolution No RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Robin M. Kramer and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn. ( 5 ) Noes: None. Page 4 of 10

5 Real Estate 2. Re: RESOLUTION NO. - PROPOSED PERMIT NO. 894 WITH THE UNIVERSITY OF SOUTHERN CALIFORNIA FOR PREMISES AT BERTH 194, WILMINGTON SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) Permit No. 828 grants the University of Southern California (USC) the use of 23,200 square feet (s.f.) of land and 8,000 s.f. of water at Berth 194 in Wilmington for the operation of a boathouse, storage and launching of racing shells and related incidental purposes. Permit No. 828 had a three-year term, which expired on February 23, At that time, Permit No. 828 was placed on holdover status, with no increase in compensation, while USC explored potential facility expansion and modification plans. Permit No. 894 is recommended for a fiveyear term to allow the tenant to install temporary trailers for locker room purposes, while providing the Harbor Department flexibility should future development in the area require the property. Recommendation: Board resolve to (1) approve Permit No. 894 with the University of Southern California; (2) direct the Board Secretary to transmit the proposed Second Amendment to City Council pursuant to Charter Section 606; (3) authorize the Executive Director and Board Secretary to execute and attest to the permit upon Board approval; and (4) adopt Resolution No.. CONTINUED Page 5 of 10

6 3. Re: ORDER NO PROPOSED ASSIGNMENT AND ASSUMPTION OF PERMIT NO. 888 BETWEEN EVERGREEN MARINE CORPORATION (TAIWAN), LTD. AND EVERPORT TERMINAL SERVICES INC., A DELAWARE CORPORATION SUMMARY: Proposed is a request to provide consent to the assignment and assumption of Permit No. 888 (Permit) between Evergreen Marine Corporation (Taiwan), Ltd. (EMC) and Everport Terminal Services Inc. (ETS). Permit 888 is a 32-year permit commencing on January 1, 1997 with a ten-year extension option. The Permit designates 153 acres including land, wharf, and water space to EMC with the company currently occupying approximately 140 acres. The facility has preferential use of seven berths and secondary use of another four berths. Recommendation: Board resolve to (1) approve the Order ("Order") to consent to the assignment and assumption of Permit No. 888; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order and the Consent in the Assignment and Assumption of Permit No. 888 and Consent Thereto; and (3) adopt Order No RECOMMENDATION APPROVED AND ORDER NO APPROVED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Robin M. Kramer and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn. (5) Noes: None. Page 6 of 10

7 4. Re: RESOLUTION NO ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO ) TO THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR THE EXTENSION OF THE BIRD EXCLUSION STRUCTURE AT INNER CABRILLO BEACH, SAN PEDRO SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to extend the current bird exclusion structure at Inner Cabrillo Beach in San Pedro to the water s edge at low tide. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No , 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; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No , consistent with the project description contained in Application for Discretionary Project No ; and (3) adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Robin M. Kramer and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn. ( 5 ) Noes: None. Page 7 of 10

8 REGULAR ITEM NO. 5 Planning and Economic Development 5. Re: RESOLUTION NO UTILIZATION OF THE PROPOSED TERMINAL ISLAND LAND USE PLAN IN SUPPORT OF THE PORT MASTER PLAN UPDATE SUMMARY: In July 2011, the City of Los Angeles Harbor Department (Harbor Department) initiated a planning process for the development of a Terminal Island land use plan. A Terminal Island Plan Working Group (TIPWG) was established with Terminal Island tenants. A series of public working group meetings were held from July 2011 through November 2011 for the purpose of identifying current tenant operations, goals, and future needs. In November 2011, a proposed Terminal Island Land Use Plan was prepared based on the goals and input received through the working group. The proposed Terminal Island Land Use Plan is presented to the Board of Harbor Commissioners (Board) for its information only, in order to report on the results of the planning process that has been undertaken over the last six months. It is requested that the Board direct staff to initiate an update to the Port of Los Angeles Port Master Plan utilizing the proposed Terminal Island Land Use Plan as a framework for proposed land uses on Terminal Island. Preparation of a comprehensive update of the Port Master Plan would require an environmental assessment under the California Environmental Quality Act (CEQA) before it could be presented to the Board for consideration. Recommendation: Board resolve to (1) authorize the Executive Director to direct Harbor Department staff to initiate a comprehensive update of the Port Master Plan; (2) authorize the Executive Director to initiate an environmental assessment in support of the comprehensive Port Master Plan update that will evaluate the proposed Terminal Island Land Use Plan as part of that process; and (3) adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Commissioner Sung Won Sohn, seconded by Commissioner Douglas P. Krause and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Robin M. Kramer, Commissioner Douglas P. Krause, and Commissioner Sung Won Sohn. ( 5 ) Noes: None. Page 8 of 10

9 5. (Continued) David Mathewson, Director of Planning and Economic Development presented Item No. 5. Derek Jordan, Planning and Economic Development, provided a power point presentation on Item No. 5. The following persons commented on Item No. 5. Saul Flota, ExxonMobil Pipeline Company Barna Szabo, SA Recycling Roshanak Aflaki, Bureau of Sanitation Jennifer Klein, BNSF Railway Adrian Scott Fine, Los Angeles Conservancy Jeff Bergin, Pasha Stevedoring Michele Grubbs, Pacific Merchant Shipping Association Megan Shahnazarian, American Marine Corporation Luisa Grattz, ILWU Local 26 Jack Wall, Al Larson Boat Shop Betsy Cheek, San Pedro Chamber G. CLOSED SESSION - 10:40 A.M. - 11:03 A.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section ) 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section ) 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section ) REPORT OF THE GENERAL COUNSEL General Counsel Thomas Russell reported that during the Closed Session, the Board considered items on the Closed Session agenda but took no reportable action. Page 9 of 10

10 THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 11:05 A.M., PRESIDENT CINDY MISCIKOWSKI ADJOURNED THE REGULAR MEETING OF THE OF JANUARY 19, President Secretary APPROVED BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD AUGUST 16, Page 10 of 10