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Harbor Commission

Regular Agenda - July 21, 2016

*REVISED REGULAR MEETING AGENDA
THURSDAY, JULY 21, 2016 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

__________________________________________________________________________________

 

ORDER OF BUSINESS

OPEN SESSION

Convene in Memory of Roger Verhoef and Laurie Strong

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

Special Meeting of June 2, 2016

Regular Meeting of June 16, 2016

H. Presentation

* Trucking Presentation - Executive Director (POSTPONED)

I. Election of Officers

PURSUANT TO SECTION 503(A) OF THE CHARTER OF THE CITY OF LOS ANGELES, WHICH PROVIDES THAT THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT SHALL BE HELD EACH YEAR, THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY TO ELECT THE FOLLOWING OFFICERS TO SERVE FOR THE ENSUING TERM:


PRESIDENT:

VICE PRESIDENT:

J. Level I Coastal Development Permit Report

 

K. 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. 16-13) TO HECATE ENERGY LLC FOR CONSTRUCTION OF SOLAR CARPORTS AT THE LOS ANGELES WORLD CRUISE CENTER

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. 16-13) TO HECATE ENERGY LLC FOR CONSTRUCTION OF SOLAR CARPORTS AT THE LOS ANGELES WORLD CRUISE CENTER

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. 16-13 to Hecate Energy LLC DBA Hecate Energy Harborside LLC (Hecate) for the installation of parking lot carports and photovoltaic systems at the parking lot of Berths 91-93 Los Angeles World Cruise Center. On June 16, 2016, the second amendment to the Operating Agreement between Hecate and the City of Los Angeles Harbor Department (Harbor Department) was approved by the Board. The amendment added four new solar carport sites. During that meeting, the Board also approved CDP No. 16-12 to Hecate for the installation of the photovoltaic systems at three of the four new sites identified in the amended Operating Agreement. The fourth site, the Los Angeles World Cruise Center was not included in CDP No. 16-12 due to its late addition and insufficient time to meet public notice requirements. CDP No. 16-13 would allow Hecate to construct a photovoltaic system at the remaining fourth site. 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. 16-13, 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. 16-13, consistent with the project description listed on Application for Port Permit No. 160617-084, and direct the Director of Planning and Strategy to issue said permit; and (5) adopt Resolution No.____________.

 

Public Hearing

2(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 16-14) TO MODIFY AND REPOSITION THREE CRANES AT BERTHS 136 - 146 ON THE TRAPAC TERMINAL

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

2(b) RESOLUTION NO.____________ - ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 16-14) TO MODIFY AND REPOSITION THREE CRANES AT BERTHS 136 - 146 ON THE TRAPAC TERMINAL

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 16-14 to TraPac LLC to raise three ship to shore cranes at Berth 136 and relocate them to Berth 146 after construction. The three cranes will be raised 12 feet, increasing the apex when in working condition from 230 feet 10 inches to 242 feet 10 inches. The length of the back reach will be extended 30 feet and the boom will be extended 13 feet. The modifications to the existing cranes will allow TraPac to be able to handle the larger ships of over 14,000 twenty-foot equivalent units (TEU) moving into the transpacific trade. The Harbor Department is not responsible for any costs associated with this action.

Recommendation: Board resolve to (1) consider the Second Addendum to the certified Environmental Impact Report for the Berths 136-147 TraPac Container Terminal Project; (2) hold a public hearing for the proposed Coastal Development Permit No. 16-14, 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 analyzed in the Second Addendum to the certified Environmental Impact Report prepared pursuant to the California Environmental Quality Act Guidelines Section 15164; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 16-14, consistent with the project description listed on Application for Port Permit No. 160609-080, and direct the Director of Planning and Strategy to issue said permit; and (5) adopt Resolution No.____________.
 

L. Board Reports of the Executive Director

Consent Items (3 - 9)

Accounting

3. RESOLUTION NO.____________ -PERSONAL SERVICES AGREEMENT BETWEEN MACIAS GINI & O'CONNELL LLP AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

Summary: Staff requests approval of an agreement with Macias Gini & O'Connell LLP (MGO), independent certified public accountants headquartered in Los Angeles, California, to perform annual financial statement audits and single audits of the City of Los Angeles Harbor Department (Harbor Department). In addition, the auditors will perform other financial auditing services, including the audit of the financial statements of Los Angeles Harbor Improvement Corporation (LAHIC) and upon request, provide expert accounting opinions regarding significant accounting policies. The proposed Agreement is for a one-year term with two one-year options to renew and a not-to-exceed amount of $371,757 over a three-year period. The Harbor Department is financially responsible for all expenses incurred under the proposed agreement.

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) find that in accordance with City of Los Angeles Charter Section 1022, the services under the subject professional services agreement are of a professional, expert, and technical nature, which can only be performed by an independent, licensed certified public accounting firm; (3) approve the Agreement with Macias Gini O'Connell LLP for a not-to-exceed amount of $371,757 over a three-year period, which consists of a one-year term with two one-year options to renew; (4) authorize the Executive Director or designee to execute the Agreement and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.

Office of the City Attorney

4. RESOLUTION NO.____________ - AGREEMENTS FOR BOND COUNSEL LEGAL SERVICES WITH HAWKINS, DELAFIELD & WOOD LLP; KUTAK ROCK LLP; NIXON PEABODY LLP; AND POLSINELLI LLP

Transmittal 1
Transmittal 2

Summary: The Office of the City Attorney requests that the Board of Harbor Commissioners (Board) approve the selection of four law firms to provide bond and disclosure counsel services to the Harbor Department (Department). The Department's Debt and Treasury Management Division will require bond and disclosure counsel assistance in the future with respect to any upcoming bond transactions, the Department’s Commercial Paper Notes Program, annual continuing disclosure services, and any other type of financing related to capital improvement projects. Outside bond and disclosure counsel services are an absolute necessity because the ability to close any bond or commercial paper transaction, and thereby sell the transaction to the financial market at competitive rates, is predicated on the issuance of opinion letters by outside independent law firms regarding the Department's transactional procedures and disclosure. Moreover, the Department may at times require such specialized bond and tax advice where reliance upon outside law firms for these services is required. The Office of the City Attorney requests the Board to approve and award agreements to four firms that were selected from a competitive selection process: (1) Hawkins, Delafield & Wood LLP, (2) Kutak Rock LLP, (3) Nixon Peabody LLP and (4) Polsinelli LLP. Each agreement will be for three years for a combined total appropriation request of $180,000. The Harbor Department will be financially responsible for payment of expenses 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), of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the individual and separate Agreements with (1) Hawkins, Delafield & Wood LLP in the amount of $45,000, (2) Kutak Rock LLP in the amount of $45,000, (3) Nixon Peabody LLP in the amount of $45,000, and (4) Polsinelli LLP in the amount of $45,000, each for a period of three years; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (5) adopt this Resolution No.____________.

 

Waterfront & Commercial Real Estate

5. RESOLUTION NO.____________ - APPROVE REVOCABLE PERMIT NO. 15-10 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests approval of Revocable Permit (RP) No. 15-10 to the Los Angeles Regional Interoperable Communications System (LA-RICS) for use of City of Los Angeles Harbor Department (Harbor Department) land on a no-rent basis. The premises consists of approximately 625 square feet (s.f.) located in the parking lot of the Los Angeles Maritime Law Enforcement Training Center (MLETC) at 300 Water Street in Wilmington for the installation, operation, and maintenance of a public emergency telecommunication tower (Tower), as well as 2,692 s.f. of utility right-of-way for below surface communications and power lines. The Harbor Department is not financially responsible for the cost of installation, operation, or maintenance of the Tower.

Recommendation: (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 III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the variance to the Port of Los Angeles Leasing Policy for a no-rent Revocable Permit for a county-wide emergency response project; (3) approve Revocable Permit No. 15-10 with the Los Angeles Regional Interoperable Communications System; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 15-10; and (5) adopt Resolution No.____________.

Port Police

6. RESOLUTION NO.____________ - AWARD OF CONTRACT TO CONVERGINT TECHNOLOGIES LLC FOR SECURITY SYSTEM MAINTENANCE, REPAIR, INSTALLATION, AND INTEGRATION, ON AN AS-NEEDED BASIS

Transmittal 1
Transmittal 2

Summary: Port Police recommends the approval of a contract award to Convergint Technologies LLC (Convergint), Orange, California, to provide professional services to assist the City of Los Angeles Harbor Department (Harbor Department) with the maintenance, repair, replacement, installation, and integration of equipment related to its security systems. These systems include, but are not limited to, Closed Circuit Television (CCTV), access control, and networking. The scope of this agreement also includes system upgrades (hardware and software) that may be needed in order to enhance system performance or add to the system's overall capabilities. Convergint has been providing the above listed services since June 18, 2013 under Agreement No. 3137, which expired on June 17, 2016. The proposed Agreement will be for a period of one year and will include two, one year renewal options, at an amount not to exceed $7,500,000. A portion of this Agreement will be funded through the Fiscal Year (FY) 2015 Port Security Grant Program (PSGP). Fully reimbursable federal funds, in the amount of $1,875,000, were awarded for this project. The Harbor Department is also required to fund a twenty-five percent cost share, in the amount of $625,000. The grant performance period is for three years and will expire on August 31, 2018. Funding for future years will be requested as part of the annual budget process and additional grant funds will be sought through the annual PSGP application process. This contract is the financial responsibility of the Harbor Department.

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) find that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Agreement between the Harbor Department and Convergint for a term of one year and will include two, one year renewal options, at an amount not to exceed $7,500,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; (5) to delegate the authority to the Executive Director to exercise the options to extend the term of Agreement No. _________ with Convergint for the second and third year; and (6) adopt Resolution No.____________.

 

Engineering

7. RESOLUTION NO.____________ - PROPOSITION C FUNDING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE SAN PEDRO WATERFRONT HARBOR BOULEVARD/SAMPSON WAY / 7TH STREET RECONFIGURATION PROJECT

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners (Board) accept and approve the Los Angeles County Metropolitan Transportation Authority (LACMTA) 2015 Call for Projects Regional Surface Transportation Improvement Award No. F9119 for the Harbor Boulevard/Sampson Way/7th Street Reconfiguration Project (Project) between the City of Los Angeles Harbor Department (Harbor Department) and the LACMTA. The LACMTA requires that the Harbor Department execute an agreement to accept an awarded grant and seek reimbursement. The Harbor Department has been awarded the following grant: Harbor Boulevard/Sampson Way/7th Street Reconfiguration Project in the amount of $4,951,400. The Harbor Department will be responsible to provide the initial funding for the Project and seek reimbursement from the proposed LACMTA grant for up to $4,951,400. The Harbor Department’s cost share to the Project is estimated at $6,254,600 of the total estimated construction cost of $11,206,000. Staff requests accepting this grant by executing a Proposition C Funding Agreement (Agreement).

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(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) accept the Los Angeles County Metropolitan Transportation Authority (LACMTA) 2015 Call for Projects Regional Surface Transportation Improvement Award No. F9119 for the Harbor Boulevard/Sampson Way/7th Street Reconfiguration Project in the Proposition C Funding Agreement of $4,951,400, between LACMTA and the Harbor Department; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement for the Regional Surface Transportation Improvement Project F9119 Harbor Boulevard/Sampson Way/7th Street Reconfiguration Project; (4) authorize the Executive Director to execute and the Board Secretary to attest to future amendments to this Agreement to account for revised project schedules and reduced project costs for and on behalf of the Board in accordance with City of Los Angeles Administrative Code 10.1.1; subject to the approval of the City Attorney as to form and legality; and (5) adopt Resolution No.____________.

 

Construction and Maintenance

8. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39785 TO ELITE ELEVATOR SERVICE FOR REPLACEMENT OF ELEVATOR GEARBOXES

Transmittal 1
Transmittal 2

Summary: Staff requests that the Board of Harbor Commissioners approve Contract No. 39785 with Elite Elevator Service of Los Alamitos, California for the replacement of three elevator gearboxes, one for each elevator, in the Los Angeles Harbor Department (Harbor) Administration Building in the amount of $216,989. This amount has been budgeted for in the approved Fiscal Year 2016-17 capital improvement program and will improve the safety and operational efficiency of the elevators. This figure includes a 10% contingency amount. The Harbor Department is financially responsible for expenses under the proposed contract.

Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III, Class 1, of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Contract No. 39785 with Elite Elevator Service for the replacement of three elevator gearboxes, one for each elevator, in the Harbor Administration Building in the amount of $216,989 ($197,262 for the proposed contract and $19,727 as a 10% contingency); (3) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39785 for and on behalf of the Board; and (4) adopt Resolution No.____________.

 

Executive Office

9. RESOLUTION NO.____________ - APPROVAL OF THE SELECTION OF THE HARBOR COMMUNITY BENEFIT FOUNDATION'S BOARD OF DIRECTORS CANDIDATE

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners approve the selection of Ed Avol as Director G of the Harbor Community Benefit Foundation (HCBF) for a two-year term. HCBF is a non-profit organization that receives funding from the Port Community Mitigation Trust Fund (PCMTF) from the Los Angeles Harbor Department (Harbor Department) and operates the grant administration process of soliciting, selecting and approving grants from the PCMTF under certain guidelines and subject to Board of Harbor Commissioners (Board) approval. The HCBF bylaws, adopted by the HCBF Board of Directors (HCBF Board) and approved by the Board, require that the appointment of three of the seven HCBF Directors, Directors E, F and G, receive concurrence from the Board. The current vacancy for the HCBF Director G candidate is jointly selected by the TraPac Appellants and the University of California, Los Angeles (UCLA) Luskin Center. HCBF is requesting approval from the Board of the selection of Ed Avol to its Board of Directors through May 2018. No funding from the Harbor Department is required for this request.

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 selection by the TraPac Appellants and the UCLA Luskin Center of Ed Avol as Director G of the Harbor Community Benefit Foundation for a two-year term through May 2018; and (3) adopt Resolution No.____________.

Regular Items (10 - 13)

Executive Office

10. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION'S COMMUNITY BENEFIT GRANT PROGRAM, ROUND 5 AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners approve Harbor Community Benefit Foundation's (HCBF) selection of four projects to receive awards from the Community Benefit Grant Program Round 5 and transfer $300,000 from the Port Community Mitigation Trust Fund (PCMTF) to HCBF. The PCMTF was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects and grants addressing port-related impacts for the communities of San Pedro and Wilmington. The HCBF, an independent nonprofit organization established to operate the PCMTF, is responsible for identifying qualifying projects to receive grant funding from the PCMTF to be approved by the Board of Harbor Commissioners (Board). The HCBF Board of Directors has confirmed its selection of four projects to receive funding for the fifth round of the Community Benefit Grant Program, and is requesting Board approval of the award recipients and transfer of funds from the PCMTF, in accordance with the requirements of the TraPac Memorandum of Understanding (MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). The proposed projects have a Tidelands nexus and will address the Port of Los Angeles' (Port) impact on the local environment in Wilmington and San Pedro. Upon approval, $300,000 will be transferred from the PCMTF to HCBF for four grant awards. Upon the transfer of funds from the PCMTF to HCBF, HCBF will be financially responsible for the disbursement of funds to grantees in accordance with the TraPac MOU, Operating Agreement and the Grant Agreements. The Harbor Department funded the original PCMTF, but no additional payments from the Harbor Department will be required to fund this request.

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 Harbor Community Benefit Foundation’s selection of four projects to receive awards from the Community Benefit Grant Program Round 5, funded by the Port Community Mitigation Trust Fund; (3) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $300,000 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation’s request; and (4) adopt Resolution No.____________.

 

Cargo & Industrial Real Estate

11. RESOLUTION NO.____________ - APPROVE ORDER ASSIGNING PERMIT NO. 309 FROM CONOCOPHILLIPS COMPANY TO PHILLIPS 66 COMPANY AND ORDER RESETTING COMPENSATION

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests approval of the assignment of Permit No. 309 from ConocoPhillips Company, a Delaware corporation (ConocoPhillips), to Phillips 66 Company, a Delaware corporation (Phillips 66) due to the company demerger from ConocoPhillips. In addition, staff requests approval of the compensation reset under Permit No. 309 for the five-year period of June 13, 2016 through June 12, 2021. Under the terms of Permit No. 309, ConocoPhillips is granted the authority to use City of Los Angeles Harbor Department (Harbor Department) property at the Classification Yard located in the north Wilmington area for maintenance and operation of subsurface petroleum pipelines.

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 Order assigning Permit No. 309 from ConocoPhillips Company to Phillips 66 Company; (3) approve the Order resetting compensation under Permit No. 309 for five-year period of June 13, 2016 through June 12, 2021; (4) authorize the Board Secretary to attest to the Orders upon approval by the Board of Harbor Commissioners; (5) adopt Order Nos.____________; and (6) adopt Resolution No.____________.

 

Cargo & Industrial Real Estate

12. RESOLUTION NO.____________ - APPROVE THE ORDER RESETTING COMPENSATION UNDER PERMIT NO. 882 WITH MILLENNIUM MARITIME, INC.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Order resetting compensation under Permit No. 882 (P882) with Millennium Maritime, Inc. (MMI) for the five-year period of November 1, 2016 through October 31, 2021. Under the compensation reset Order, the current monthly rent of $25,794.92 will be adjusted to $26,462.38 effective November 1, 2016. Thereafter, the initial base rent will be subject to an annual 4 percent increase plus an annual Consumer Price Index (CPI) adjustment each year during the five-year period.

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 Order resetting compensation under Permit No. 882 with Millennium Maritime, Inc.; (3) authorize the Board Secretary to attest to the Order; (4) adopt Order No.____________; and (5) adopt Resolution No.____________.

 

Office of the City Attorney

13. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 15-3310 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE SOHAGI LAW GROUP

Transmittal 1

Summary: The Office of the City Attorney requests approval of a First Amendment (First Amendment) to Agreement for Professional Services No. 15-3310 (Agreement No.15-3310) between the City of Los Angeles Harbor Department (Harbor Department) and The Sohagi Law Group, increasing the compensation by $208,547 to an amount not to exceed $633,547 for legal services for environmental matters and litigation. The City is responsible for payment of expenses under this Agreement.

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 First Amendment to Agreement No. 15-3310 with The Sohagi Law Group, increasing the compensation by $208,547 to an amount not to exceed $633,547; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No.15-3310; and (4) adopt Resolution No.____________.

CLOSED SESSION

M. 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 - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

Cheryl Morris v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC552974

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. BAE Systems San Diego Ship Repair, Inc., United States District Court Case No. CV 13-8810 CBM (AGRx)

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: California United Terminal Inc.
Agency claimed against: City of Los Angeles

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

Provide instructions to its real estate negotiators with respect to a proposed permit with H.S. Seafood, Inc. dba LA Fish & Oyster:

Property: 2212 Signal Place, Stall No. 12, San Pedro, CA

City Negotiator: Michael Galvin

Tenant Negotiator: Martha Smith

Negotiating Parties: City and H.S. Seafood, Inc. dba LA Fish & Oyster

Under Negotiation: Price and Terms

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

Provide instructions to its real estate negotiators with respect to a proposed permit with J. Deluca Fish Company, Inc.:

Property: 2212 Signal Place, Stall Nos. 1, 2, 3 & 8,
San Pedro, CA

City Negotiator: Michael Galvin

Tenant Negotiator: John Deluca

Negotiating Parties: City and J. Deluca Fish Company, Inc.

Under Negotiation: Price and Terms

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

Provide instructions to its real estate negotiators with respect to a proposed permit with J & D Seafoods:

Property: 2212 Signal Place, Stall Nos. 6 & 11
San Pedro, CA

City Negotiator: Michael Galvin

Tenant Negotiator: Paula Ciaramitaro

Negotiating Parties: City and J & D Seafoods

Under Negotiation: Price and Terms

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

Provide instructions to its real estate negotiators with respect to a proposed permit with Star Fisheries:

Property: 2212 Signal Place, Stall Nos. 5 & 9
San Pedro, CA

City Negotiator: Michael Galvin

Tenant Negotiator: Louie Bozanich Jr.

Negotiating Parties: City and Star Fisheries

Under Negotiation: Price and Terms

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

Provide instructions to its real estate negotiators with respect to a proposed permit with Harbor Performance Enhancement Center:

Property: 300 S. Ferry Street and 750 Eldridge Street,
Terminal Island, CA

City Negotiator: Jack Hedge

Tenant Negotiator: Jonathan Rosenthal

Negotiating Parties: City and Harbor Performance Enhancement Center

Under Negotiation: Price and Terms


10. 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).

11. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)

Executive Director

N. Adjournment