REGULAR MEETING AGENDA
THURSDAY, APRIL 5, 2018 AT 4:30 P.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
__________________________________________________________________________________
ORDER OF BUSINESS
A. Roll Call
CLOSED SESSION
B. Closed Session Items
1. 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:
(2 cases).
2. 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).
3. 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
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD01106
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD01082
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD01156
8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD00950
9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01078
10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01084
11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026
12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01025
13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD01101
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD01081
15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD01109
16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD01077
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD01105
18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083
19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD00949
20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01079
21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102
22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD01103
23. 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. 17LBUD01104
24. 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
25. 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
26. 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
27. 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
28. 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
29. 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
30. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Dave James dba Blue Water Diving Co., Los Angeles Superior Court Case No. 18LBUD00589
31. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Gary Owen dba McCloud Ringworks, Los Angeles Superior Court Case No. 18LBUD00590
32. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sam Cho; Sung Cho, Los Angeles Superior Court Case No. 18LBUD00468
OPEN SESSION
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Reports of 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.
F. Reports of the Commissioners
G. Board Committee Reports
H. Approval of the Minutes
1. Special Meeting of March 15, 2018
I. Level I Coastal Development Permit
J. Reports of the Executive Director
Consent Items (1 - 5)
Risk Management
Summary: Staff requests the approval of three agreements between the City of Los Angeles Harbor Department (Harbor Department) and AECOM Technical Services, Inc. (AECOM), Global Environmental Network, Inc. (GENI), and Safety Dynamics Group, Inc. (SDG) for as-needed supplementary health and safety training and services. The proposed agreements with each firm are for a one-year period with two one-year extension options. The not-to-exceed compensation amount is $360,000 and shared amongst all three agreements. The Harbor Department is financially responsible for payment under the proposed agreements.
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) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside consultants to perform this work than City employees; (3) approve three professional services agreements for a term of up to three years each with an aggregate total of $360,000; (4) authorize the Executive Director to execute and the Board Secretary to attest; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Order resetting compensation under Permit No. 900 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and WWL Vehicle Services Americas, Inc. (WWL). WWL operates an automobile import/export terminal at Berths 195-200A. The reset covers the five-year period from January 1, 2017 through December 31, 2021, and will result in an aggregate increase in Minimum Annual Guarantee (MAG) revenue over the five-years from $40,815,671 to $46,834,528, an increase of $6,018,856., In addition, a Consumer Price Index (CPI) based adjustment is applied each year. WWL is responsible for all rental payments due under the Permit.
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. 900 with WWL Vehicle Services Americas, Inc. for the five-year period of January 1, 2017 through December 31, 2021; (3) authorize the Board Secretary to attest to the Order resetting compensation to be paid by WWL Vehicle Services Americas, Inc. under Permit No. 900; and (4) adopt Resolution No.____________ and Order No.____________.
Cargo & Industrial Real Estate
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of the Order resetting compensation under Permit No. 861 (P861) with California Sulphur Company (CSC) for the five-year period of June 27, 2017 through June 26, 2022. Under the compensation reset Order, the monthly rent will be adjusted from $69,583.68 to $75,812.45 per month effective retroactively to June 27, 2017. This is an increase of 8.95 percent for 2017 and escalates to current market rent by 2019. The base rent will be subject to an annual Consumer Price Index (CPI) adjustment during the reset period. CSC is financially responsible for all rental payments due under P861.
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. 861 with California Sulphur Company; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 861; and (4) adopt Resolution No.____________ and Order No.____________.
Cargo & Industrial Real Estate
4. RESOLUTION NO.____________ - APPROVE REVOCABLE PERMIT NO. 17-25 WITH PACIFIC MARITIME ASSOCIATION
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of Revocable Permit (RP) No. 17-25 to Pacific Maritime Association (PMA) for use of City of Los Angeles Harbor Department (Harbor Department) property, which will supersede RP Nos. 15-25 and 16-19. RP No. 17-25 will merge the premises under the two existing RPs into a single permit and allow for a contribution to the cost associated with both parking lot and sidewalk improvements incurred by PMA on Harbor Department property. In addition, the successor RP will allow the construction of solar covered carports in the lot under Operating Agreement A15-3354 with Hecate Energy Harborside LLC. The Harbor Department will also be able to sublease the parking lot if its use will not interfere with PMA/ILWU operations. PMA will be financially responsible for rental payments due under RP No. 17-25.
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(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Revocable Permit No. 17-25 with Pacific Maritime Association; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (4) adopt Resolution No.____________.
Goods Movement
5. RESOLUTION NO.____________ - APPROVE COST SHARE AGREEMENT WITH PORT OF LONG BEACH FOR JOINT RAIL STUDY
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners approve a cost share agreement with the Port of Long Beach (POLB) for consulting services to assist the two Ports in preparing a comprehensive update to the previous 2006 joint Ports’ rail study. The term of this cost share agreement will commence on the date last signed by either Port, and terminate on September 30, 2020 (approximately 2.5 years). The Harbor Department’s cost share amount is not to exceed $329,946.50. The POLB shall be lead contract administrator for a contract with AECOM, jointly selected through a competitive process. The POLB Board of Harbor Commissioners approved the AECOM contract and this cost share agreement on March 26, 2018. The Harbor Department is financially responsible for payment of up to $329,946.50 under the proposed cost share agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve Cost Share Agreement with the Port of Long Beach, in the amount $329,946.50; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement, for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Items (6 & 7)
Cargo Marketing
6. RESOLUTION NO.____________ - APPROVAL OF FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CALIFORNIA CARTAGE COMPANY LLC FTZ 202, SITE 1A
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff request the approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and California Cartage Company LLC (California Cartage) to continue operating its warehouse within FTZ 202, Site 1A, located at 2401 East Pacific Highway, Wilmington, California 90744. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. Currently, the Harbor Department and California Cartage have an FTZ Operating Agreement No. 17-3536 which will expire on April 29, 2018. California Cartage wishes to continue operating its warehouse as a FTZ warehouse thus, the Harbor Department needs to execute a new Operating Agreement (Agreement) as required by the FTZ Board. Site 1A consist of a warehouse and office space of approximately 600,000 square feet on 84 acres located about five miles from the Port of Los Angeles. California Cartage will be operating its warehouse under FTZ procedures as a multi-usage site. This proposed Agreement will not require funding by the Harbor Department. If the proposed Agreement is approved, the Harbor Department will receive $7,750 from California Cartage (per FTZ Tariff No. 2). The proposed Agreement is for a term of one year. The Board has the right to terminate, without cause, the Agreement upon one hundred and eighty 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) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and California Cartage Company LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No.____________.
Engineering
Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the terms of a proposed seventh amendment to the Alameda Corridor Transportation Authority's (ACTA) Maintenance Agreement (Rail Corridor and Non-Rail Components) with Balfour Beatty Infrastructure, Inc. dated April 15, 2007 (Agreement). The Agreement expires on April 14, 2018. The terms of the amendment consist of an eight-month extension to the Agreement (Amendment) through December 14, 2018.
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 and provide mutual agreement to the terms of the Amendment which consist of an extension to the term of the ACTA Maintenance Agreement for up to an additional eight months ending on December 14, 2018; (3) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.
K. Presentation
1. Fiscal Year 2018/2019 Proposed Annual Budget
L. Adjournment