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.
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
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
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
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
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