SPECIAL MEETING AGENDA
THURSDAY, JUNE 2, 2016 AT 4:30 P.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
__________________________________________________________________________________
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
CLOSED SESSION
B. 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, including intervention by City of Carson
Consolidated with:
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0311
City of Long Beach v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0312
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0308
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0309
Long Beach Unified School District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0310
South Coast Air Quality Management District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. 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: one case.
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Report from the Neighborhood Council Representatives
F. Reports of the Commissioners
G. Board Committee Reports
H. Approval of the Minutes
Special Meeting of May 19, 2016
I. Presentation
1. International Trade Education Programs (ITEP)
2. Wilmington Waterfront
3. At-Berth Emission Capture Technology
4. Solar Power
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Continuation of May 19, 2016 Public Hearing
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
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. 16-09-2 to Hecate Energy LLC DBA Hecate Energy Harborside LLC (Hecate) for the installation of parking lot carports and photovoltaic systems at 22nd Street Park. On October 15, 2015, the Board approved the Operating Agreement between Hecate and the City of Los Angeles Harbor Department (Harbor Department) for 12 sites. The Operating Agreement provides for each photovoltaic system to be in service for a term of 20 years on site locations that include warehouse roofs, parking lots, and under-utilized ground areas. On March 17, 2016, the Board approved Resolution No. 16-7913 for the first amendment to the Operating Agreement modifying the installation sites and removing the ground-mount sites. The first amendment substituted 4 sites in place of 6 sites, for a total of 10 remaining sites. Installation of solar panels on existing buildings does not require a CDP as outlined in the Port Master plan; however new construction of parking canopies will require a Level II CDP. On May 5, 2016, the Board approved CDP No. 16-09-1, as amended, for Hecate to construct carport photovoltaic systems at Liberty Plaza and Berth 161. CDP 16-09-1 excluded the 22nd Street site at the request of the Board. The Board also asked for the public hearing for CDP 16-09-2 be continued and remain open to facilitate public comments for the 22nd Street site. No written comments have been submitted to the Harbor Department by the date of this report. The Harbor Department is not responsible for any construction or maintenance costs of the solar panels at any location.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of CEQA under Public Resources Code Division 13, Section 21080.35 as determined by the Director of Environmental Management; (2) hold a public hearing for the proposed Coastal Development Permit No. 16-09-2, a Level II non-appealable permit; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan and find that this project will have no significant adverse environmental impacts as provided in the Notice of Exemption prepared pursuant to the California Environmental Quality Act; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 16-09-2, consistent with the project description listed on Application for Port Permit No. 151005-118, 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 - 4)
Executive Offices
Summary: Staff requests approval of a first amendment to Federal Maritime Commission (FMC) Agreement No. 210178 among the Harbor Departments of the Cities of Los Angeles, Long Beach and the West Coast Marine Terminal Operators Association (WCMTOA), City of Los Angeles Harbor Department Agreement No. 2634 (Agreement), which provides immunity from federal anti-trust laws, as provided for under the Shipping Act of 1984, so that the City of Los Angeles Harbor Department (Harbor Department), the Port of Long Beach (collectively “Portsâ€) and WCMTOA may collect and exchange information, engage in discussion and reach agreement with respect to the administration and operation of environmental programs, supply chain efficiencies at the terminals, and reduce and/or prevent congestion at the Port's facilities. Although there currently exists an FMC discussion agreement among the Ports that has been utilized to discuss issues of joint interest involving infrastructure and environmental programs (FMC Agreement No. 201219), the proposed amendment to the Ports’ agreement with WCMTOA will allow for a more robust discussion regarding congestion and efficiency issues in the San Pedro Bay complex. The FMC filing fee associated with this Agreement is the financial responsibility of the Ports and WCMTOA, wherein the $851 filing fee will be evenly split three-ways among the entities.
Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Amended Agreement among the Harbor Departments of the City of Los Angeles, the City of Long Beach, and the West Coast Marine Terminal Operators Association; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement, for and on behalf of the Board; (4) authorize the Office of the City Attorney to file the Agreement with the Federal Maritime Commission; and (5) adopt the foregoing as Resolution No.____________.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the award of the construction contract to Johnson-Peltier Electrical Contractor. The Badger Avenue Bridge Rehabilitation project (Project) will replace the existing electrical system which allows the bridge to lift for passage of vessels below the bridge. The existing drives and motors have reached their service life and require replacement. The lowest responsive and responsible bidder is Johnson-Peltier Electrical Contractor located in Santa Fe Springs, California. The contract amount, plus a 10% contingency, is $1,217,755.00. The contract duration is 365 calendar days. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for payment of expenses under the proposed contract.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Quality Act (CEQA) under Article III Section 1(32) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) award and approve, Specification No. 2772 for Item Nos. 1 through 11 of the proposal schedule to Johnson-Peltier Electrical Contractor, in the amount of $1,107,050.00; that a 10% contingency not included in the original contract amount be applied for a total authorization of $1,217,755.00; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 365 calendar days from the Notice to Proceed; (3) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (4) in accordance with City Charter Section 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No.____________.
Environmental Management
Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 1e
Transmittal 1f
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests approval of Agreements with AMEC Foster Wheeler Environment & Infrastructure, Inc.; Anchor QEA, LLC; Merkel & Associates, Inc.; Michael Baker International, Inc.; Pi Environmental, LLC; and Weston Solutions, Inc.; to provide the City of Los Angeles Harbor Department (Harbor Department) technical support for water and sediment quality programs, biological resources management and regulatory program development and compliance. This action will authorize six as-needed Agreements, each for a three-year term, with a combined total not-to-exceed amount of $7,800,000. The Harbor Department is financially responsible for payment under the proposed agreements.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Agreement with AMEC Foster Wheeler Environment & Infrastructure, Inc. for a term of three years for the total not-to-exceed amount of $2,000,000; (4) approve the Agreement with Anchor QEA, LLC, for a term of three years for the total not-to-exceed amount of $2,000,000; (5) approve the Agreement with Merkel & Associates, Inc. for a term of three years for the total not-to-exceed amount of $500,000; (6) approve the Agreement with Michael Baker International, Inc. for a term of three years for the total not-to-exceed amount of $700,000; (7) approve the Agreement with Pi Environmental, LLC for a term of three years for the total not-to-exceed amount of $1,100,000; (8) approve the Agreement with Weston Solutions, Inc. for a term of three years for the total not-to-exceed amount of $1,500,000; (9) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (10) adopt Resolution No.____________.
Regular Item No. 5
Financial Management
5. RESOLUTION NO.____________ - ADOPTION OF PROPOSED FISCAL YEAR 2016/17 ANNUAL BUDGET
Summary: Staff requests approval of the Fiscal Year (FY) 2016/17 Proposed Annual Budget (Proposed Budget) of $1,169,047,636. The Proposed Budget is aligned with the Updated 2012 - 2017 Strategic Plan (Strategic Plan Update) and will enable the City of Los Angeles Harbor Department (Harbor Department) to meet its commitments in the upcoming fiscal year. Adoption of the Proposed Budget will position the Port of Los Angeles (Port) to deliver value to its customers by providing superior infrastructure and promoting efficient operations as well as forging strong, lasting relationships with its stakeholders.
The Proposed Budget includes sources and appropriations of funds as follows:
TABLE 1: SOURCES AND APPROPRIATIONS OF FUNDS
Sources: Appropriations:
Operating Receipts $ 452,808,652 Operating Expenses $ 249,041,764
Non-Operating Receipts 16,830,926 Non-Operating Expenses 14,000,857
Grant Receipts (Capital) 31,936,754 Capital Budget 210,261,708
Debt Issuance Proceeds 108,985,000 Debt Repayments 160,940,000
Accrual Adjustments 12,503,307
Available Cash: Projected Year-End Balances:
Unrestricted Funds 432,084,652 Unappropriated Balance 425,000,000
Restricted Funds 126,401,652 Restricted Cash 97,300,000
Total Sources $1,169,047,636 Total Appropriations $1,169,047,636
The Proposed Budget represents the ongoing commitment of Harbor Department staff to operate and maintain the Port in a fiscally sound manner according to the guidelines, policies and direction set forth by the Board of Harbor Commissioners (Board). Furthermore, the Proposed Budget complies with the Board-approved Financial Policies that relate to debt rating, debt service coverage, and reserve levels.
Recommendation: Board resolve (1) find 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 as determined by the Director of Environmental Management; (2) adopt the Fiscal Year 2016/17 Proposed Annual Budget for the City of Los Angeles Harbor Department and appropriate funds in accordance herewith; (3) authorize the Executive Director, or his designee, to make any technical adjustments consistent with the Board action(s) to the Fiscal Year 2016/17 Proposed Annual Budget documents in the implementation of this budget; and (4) adopt Resolution No.____________.
L. Adjournment