Welcome from the Executive Director Commission LA Waterfront Stay Connected with the Port on Facebook Twitter and eAlerts
Follow the Port on Facebook Follow the Port on TwittereAlertsLAtitude


 

Special Agenda - October 6, 2017

 

Get Adobe Reader You must have Adobe® Reader® in order to view PDF files. printer-friendly version Print a copy of the agenda in PDF format.


POLA logo header

September 29, 2017

 

UPDATED NOTICE

 

BOARD OF HARBOR COMMISSIONERS MEETING

 

SUBJECT: CANCELLED: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS MEETING ON THURSDAY, OCTOBER 5, 2017

 

The Regular Meeting of the Los Angeles Board of Harbor Commissioners previously scheduled on October 5, 2017 at 8:30am will not be held.

The next Board Meeting is scheduled on Friday, October 6, 2017 at 8:30am at the Port of Los Angeles Administration Building at 425 S. Palos Verdes, CA 90731. Please check  website for agenda or further details at www.portoflosangeles.org.

 

 

Commission Secretary




POLA logo header

SPECIAL MEETING AGENDA
FRIDAY, OCTOBER 6, 2017 AT 8:30 A.M.

 

Board of Harbor Commissioners

President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick


__________________________________________________________________________________

Convene in Memory of Tony Lauro

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

E. Reports of the Commissioners

F. Board Committee Reports

G. Approval of the Minutes

1. Regular Meeting of September 7, 2017

H. Presentation

I. Level I Coastal Development Permit Report

Transmittal 1
Transmittal 2

The Executive Director has approved one Level I CDP:

CDP No. 17-11 Catalina Express - Installation of Fence for Additional Parking

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. 17-10) TO THE PORT OF LOS ANGELES FOR THE SAN PEDRO WATERFRONT PORTS O' CALL PROMENADE AND TOWN SQUARE PROJECT AT BERTHS 73-84

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. 17-10) TO THE PORT OF LOS ANGELES FOR THE SAN PEDRO WATERFRONT PORTS O' CALL PROMENADE AND TOWN SQUARE PROJECT AT BERTHS 73-84

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. 17-10 to the Los Angeles Harbor Department (Harbor Department) to demolish existing structures - in two phases - at Berths 73 to 84 and construct the Ports O' Call Promenade and Town Square project. Staff recommends approval of CDP 17-10. The project will create new public spaces, parking areas, and floating docks for public access as outlined in the Application for Port Permit (APP) No. 160621-085. The project would require the site to be cleared via demolition of existing buildings, paving, rail, wharfs, floating docks, piles, and utilities. Improvements include grading, sea wall repairs, and utilities. New construction includes roadways, parking areas, landscaping and hardscaping, lighting, signage, wharfs and gangways, and floating docks with pile supports. This project is in coordination with the larger redevelopment of the site known as the San Pedro Public Market (APP# 160323-040). The San Pedro Public Market project will require a separate CDP. The Port is financially responsible for $41.1 million of the estimated $42.3 million project cost, with the remaining balance as grants or reimbursements for demolition.

Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 17-10, 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(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. 17-10, consistent with the project description listed on Application for Port Permit No. 160621-085, 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 - 7)

Construction

2. RESOLUTION NO.____________ - CHANGE ORDER NO. 2 DELTA 1 CHANGES CONTRACTOR: KDC, INC. DBA DYNALECTRIC BERTHS 91-93 ALTERNATIVE MARITIME POWER (AMP) UPGRADE AND RETROFIT SPECIFICATION NO. 2775-CONTRACT NO. 2302

Transmittal 1
Transmittal 2

Summary: Staff requests Change Order No. 2 (Change Order) to Contract No. 2302, in the amount of $600,000, be approved to authorize KDC, Inc. dba Dynalectric (Dynalectric) to install electrical conduit, wiring, and differential relays per Delta 1 Changes for the Berths 91-93 Alternative Maritime Power (AMP) Upgrade and Retrofit Project (Project). The additional electrical conduit, wiring, and differential relays will provide protection for the transformers installed under this Contract. The Contract was approved by the Board of Harbor Commissioners on August 18, 2016 in the amount of $10,703,000 plus a 10% contingency in the amount of $1,070,300, for a total authorization of $11,773,300. Therefore, there is adequate contingency funding for the $600,000 under this Change Order. The Harbor Department is financially responsible for expenses under this Contract.

Recommendation: Board resolve to (1) find 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(2), of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve and authorize the Executive Director to execute Change Order No. 2 for a not-to-exceed amount of $600,000; and (3) adopt Resolution No.____________.

Cargo & Industrial Real Estate

3. RESOLUTION NO.____________ - APPROVE ACCESS AGREEMENT WITH WELLS FARGO EQUIPMENT FINANCE, INC. FOR PREMISES UNDER PERMIT NO. 827 WITH APM TERMINALS PACIFIC, LTD.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Access Agreement with Wells Fargo Equipment Finance, Inc. (WF) to protect the security interest in ship to shore cranes owned by California United Terminals, Inc. (CUT), a subsidiary of Hyundai Merchant Marine, located at APM Terminals Pacific, Ltd. (APMT) Pier 400 on Terminal Island. No payment is to be made for such right. CUT, a sublessee at APMT, recently ceased operations at Pier 400. APMT desires to use the four ZPMC cranes that CUT financed through WF in order to utilize the premises vacated by CUT. In order to do so, WF has required that APMT (a) assume CUT's obligations under the financing contracts it earlier issued to CUT, and (b) obtain access from the City of Los Angeles Harbor Department (Harbor Department) to the cranes to protect WF's security interest in the cranes. The proposed agreement will provide such access to WF while protecting the Harbor Department's interests, and minimize business interruption at APMT.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Access Agreement with Wells Fargo Equipment Finance, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Access Agreement; and (4) adopt Resolution No.____________.

Cargo & Industrial Real Estate

4. RESOLUTION NO.____________ - APPROVE ORDER RESETTING COMPENSATION UNDER PERMIT NO. 999 WITH CHINA SHIPPING NORTH AMERICA HOLDING CO., LTD.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Order resetting compensation under Permit No. 999 (P999) between the City of Los Angeles Harbor Department (Harbor Department) and China Shipping North America Holding Co., Ltd. (China Shipping) for the operation of a container terminal in the West Basin. The reset covers the five-year period of June 28, 2015 through June 27, 2020 and will result in an aggregate increase of $619,115.52 in minimum annual guarantee (MAG) over the period, which is the financial responsibility of China Shipping.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Order resetting compensation under Permit No. 999 with China Shipping North America Holding Co., Ltd. for the five-year period of June 28, 2015 to June 27, 2020; (3) authorize the Board Secretary to attest to the Order resetting compensation to be paid by China Shipping North America Holding Co., Ltd. pursuant to Section 3 (g) of Permit No. 999 and; (4) adopt Resolution No.____________ and Order No.____________.

Construction and Maintenance

5. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND GLOSTEN INNOVATIVE MARINE SOLUTIONS FOR NAVAL ARCHITECTURE AND MARINE ENGINEERING SERVICES

Transmittal 1
Transmittal 2

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year agreement with Glosten Innovative Marine Solutions (Glosten) of Seattle, Washington to perform naval architecture and marine engineering services to evaluate the Harbor Department's existing pile driving derrick barge and, if needed, to act as a consultant in the evaluation and purchase of a replacement derrick barge and associated tug boat. The amount of this agreement shall not exceed $330,000. This contract is the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreement (naval architecture and marine engineering) can be performed more feasibly by an independent contractor than by City employees; (3) approve an agreement with Glosten in the amount not to exceed $330,000 for a period of one year; (4) authorize the Executive Director to execute an agreement with Glosten; and (5) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

6. RESOLUTION NO.____________ - APPROVE PROPOSED SUCCESSOR PERMIT NO. 920 WITH J & D SEAFOODS, INC.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of successor Permit No. 920 (P-920) with J&D Seafoods, Inc., a California corporation (J&D), for use and occupancy of Stalls 5 and 6 at the San Pedro Municipal Fish Market (Municipal Fish Market). P-920 is a successor term permit to Revocable Permit No. 12-15. City of Los Angeles Harbor Department (Harbor Department) staff has been in discussions with the Municipal Fish Market tenants for the installation of individual refrigeration units and systems that will replace the 65-year old centralized refrigeration system. This obsolete, ammonia-based operating system, which was maintained by the tenants, posed a potential environmental hazard and was expensive to maintain. The centralized system was turned off and disassembled by the Harbor Department in April 2017. Each tenant is now responsible for securing their own individual refrigeration system. P-920 will allow J&D to make a long-term investment in the lease premises and secure funding necessary to complete the installation of two individual refrigeration systems costing approximately $120,000 each. Annual compensation to the Harbor Department is $32,720 annually in year 1, and $73,520 plus CPI in years 2 and 3.

Recommendation: Board resolve to (1) find that the proposed action is categorically exempt from the requirements of the California Environment Quality Act (CEQA) under Article III Class 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Permit No. 920 with J & D Seafoods, Inc.; (3) direct the Board Secretary to transmit Permit No. 920 to City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 920 upon approval by City Council; and (5) adopt Resolution No.____________.

Office of the City Attorney

7. RESOLUTION NO.____________ - APPROVE FIRST AMENDMENT TO AGREEMENT 15-3308 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MEYERS NAVE RIBACK SILVER & WILSON PLC

Transmittal 1

Summary: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve a First Amendment (Amendment) to Executive Director Agreement No. 15-3308 with Meyers Nave Riback Silver & Wilson PLC (Meyers Nave). The Amendment extends the term of the Agreement by three years through February 28, 2021 and increases the compensation by $1,400,000. The term extension and additional compensation are necessary due to ongoing professional legal services for environmental matters. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for payment of expenses under the proposed Amendment.

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 First Amendment to Agreement No. 15-3308 with Meyers Nave, extending the three-year term to a total of six years with $1,400,000 additional compensation; (3) approve budgetary transfer of $523,677 from the Unappropriated Balance to Cost Center 0120, Account No. 54410, Program No. 000; (4) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (5) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time of such transfer is made; (6) direct the Board Secretary to forward the Agreement to the City Council for its approval pursuant to Section 373 of the City Charter; (7) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 15-3308; and (8) 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

Henry Rene Medina III, et al. v. County of Los Angeles, City of Los Angeles, et al., United States District Court Case
No. 2:16-cv-08371-MWF-JC

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 827 with APM Terminals Pacific, Ltd.:

Property: Berth 400, Terminal Island

City Negotiator: Jack Hedge

Tenant Negotiator: John Ochs

Negotiating Parties: City and APM Terminals Pacific, Ltd.

Under Negotiation: Price and Terms

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Frank Abauto
Agency Claimed Against: City of Los Angeles

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Waseem Ahmed
Agency Claimed Against: City of Los Angeles

5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Jamal Akibu
Agency Claimed Against: City of Los Angeles

6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Mike Dezfully
Agency Claimed Against: City of Los Angeles

7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Fernando Diaz
Agency Claimed Against: City of Los Angeles

8. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Lawanda Hawkins
Agency Claimed Against: City of Los Angeles

 

L. (Continued)

9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Gloria Laragione
Agency Claimed Against: City of Los Angeles

10. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Sara Lee
Agency Claimed Against: City of Los Angeles

11. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Roberta Lisk
Agency Claimed Against: City of Los Angeles

12. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Jesse Marquez
Agency Claimed Against: City of Los Angeles

13. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Virginia Pavkovich
Agency Claimed Against: City of Los Angeles

 

L. (Continued)

14. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Mohamed Rayan
Agency Claimed Against: City of Los Angeles

15. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim Pursuant to Government Claims Act (one claim)
Claimant: Johntommy Rosas
Agency Claimed Against: City of Los Angeles

16. 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:
(14 cases).

17. 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 (one case).

18. THREAT TO PUBLIC SERVICES OR FACILITIES
(Government Code Section 54957)

Consultation with: Los Angeles Port Police Chief Thomas Gaszi

M. Adjournment

 

 


 

Los Angeles Harbor Commission


BOARD MEETINGS

The Board's Regular Meetings are the first and third Thursday of each month at 8:30 A.M. at the Harbor Administration Building Boardroom or as scheduled on the Port's website at portoflosangeles.org. A quorum of three of five Commissioners is required to transact business and three Aye votes are required to carry a motion. 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.

Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will post the revised agenda on the Port's web site (portoflosangeles.org). Updated agendas will also be available at the meeting. Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor). As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission Office at (310) 732-3444.

Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.

OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE BOARD

Before reaching those portions of the agenda where Board action is requested, members of the public will be given an opportunity to address the Board on items of interest within the subject matter jurisdiction of the Board (general public comment). Thereafter, members of the public will be given an opportunity to address the Board on any item on the consent or regular agendas prior to or during the Board's consideration of that item. The same opportunity will be given in open session regarding the closed session agenda prior to commencement of closed session. Members of the public who wish to speak during general public comment are to complete a speaker card so indicating. Members of the public who wish to speak regarding a particular agenda item(s) are to complete a speaker card(s) for each such item. Agendas for special meetings will permit the public to address particular agenda items even where the agenda does not include general public comment. Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine whether such period of time should be reduced or extended based upon such factors as the length of the agenda or substance of the agenda items, the number of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable, and whether the Board is at risk of losing a quorum, among other factors.

If you wish to provide documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official record.

 
 
Home menu Business menu Community menu Education menu Environment menu Facilities menu Finance menu History menu Maritime menu Newsroom menu Planning menu Recreation menu Security menu Transportation menu