SPECIAL MEETING AGENDA
THURSDAY, NOVEMBER 17, 2016 AT 2:00 P.M.
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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
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 - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company, Inc., v. City of Los Angeles, et al.,
Los Angeles Superior Court Case No. BC53607
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 - 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
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Robert Childress v. City of Los Angeles, et al., Los Angeles Superior Court
Case No. BC631268
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Anthony Espinoza v. City of Los Angeles, et al., Los Angeles Superior
Court Case No. BC631685
7. 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: two cases.
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the Permit 692 with Yusen Terminals Inc.:
Property: Berths 212-224, Terminal Island, California
City Negotiator: Jack Hedge
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals Inc.
Under Negotiation: Price and Terms
OPEN SESSION
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
Alameda Corridor Transportation Authority (ACTA) Meeting of November 10, 2016
Intermodal Container Transfer Facility Joint Powers Authority (ICTF-JPA) Meeting of November 9, 2016
H. Approval of the Minutes
Regular Meeting of November 3, 2016
I. Presentation
J. Level I Coastal Development Permit Report
The Executive Director has approved one Level I CDP:
CDP No. 16-18 Catalina Freight Line, Inc. - Demolish 16,000 square-foot metal building
K. Board Reports of the Executive Director
Consent Items (1 - 8)
Information Technology
Summary: The City of Los Angeles Harbor Department (Harbor Department) staff requests approval to enter into an Agreement with NorthSouth GIS LLC (NSG) to provide as-needed support services for the Harbor Department's Geographic Information System (GIS). The GIS is a mapping system used to store, manage, and share spatial data and related information. The term of the proposed Agreement is three years at a not-to-exceed amount of $300,000. The recommendation to select NSG is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. NSG is a qualified Small Business Enterprise (SBE); a Very Small Business Enterprise (VSBE); and a qualified Local Business Enterprise (LBE). NSG is located in Los Angeles, California. Payment of expenditures under the proposed Agreement 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 Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City Employees; (3) approve the Agreement with NSG for a term of three years at an amount not-to-exceed $300,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution and approve a Letter of Agreement (LOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles County Metropolitan Transportation Authority (LACMTA). The LACMTA requires that the Harbor Department execute a LOA to accept an awarded grant and seek grant reimbursement. The Harbor Department has been awarded the following grant: LACMTA 2015 Call for Projects Award No. F9201 for the Yusen Terminal Efficiency Enhancement & Truck Trip Reduction Program - Phase 2 (Project) in the amount of $1,992,000. 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 $1,992,000. The Harbor Department will also be receiving a Trade Corridor Improvement Funding (TCIF) grant for up to $1,132,000. The Harbor Department’s cost share to the Project is estimated at $0 of the total estimated Project construction cost of $3,124,000 including construction support services.
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 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 Award No. F9201 for the Yusen Terminal (YTI) Efficiency Enhancement & Truck Trip Reduction Program - Phase 2 (Project) in the amount of $1,992,000 between LACMTA and the City of Los Angeles Harbor Department; (3) authorize the Executive Director and the Board Secretary to execute and attest to the Letter of Agreement (LOA) for the Project on behalf of the Board; (4) authorize the Executive Director to execute and the Board Secretary to attest to future amendments to this LOA 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.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Joint Revocable Permit (JRP) No. 16-18 to grant O’Donnell Oil, LLC, a California Limited Liability Company (O’Donnell Oil), use of property jointly and equally owned by the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (POLB) for parking and equipment and pipe storage. Approval of the proposed JRP will result in O’Donnell Oil paying an aggregate monthly rent of $1,500, including an annual Consumer Price Index (CPI) escalator. The Harbor Department and POLB each have an undivided 50 percent interest in the property; therefore, the Harbor Department will receive 50 percent of the total proposed monthly compensation ($750). O’Donnell Oil will be responsible for the operations and maintenance of the property.
Recommendation:Â 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 4(7) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Joint Revocable Permit No. 16-18 among the City of Los Angeles Harbor Department, Port of Long Beach, and O’Donnell Oil to use the property for parking and as an equipment and pipe storage yard; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 16-18; and (4) adopt Resolution No.___________.
Environmental Management
Summary: Staff requests the Board of Harbor Commissioners (Board) approve the proposed agreements (Agreements) with Ocean Blue Environmental Services, Inc. (Ocean Blue), Patriot Environmental Services, Inc. (Patriot), and Ancon Services (Ancon) to provide emergency response and hazardous waste management services for the City of Los Angeles Harbor Department (Harbor Department) operations and to support its Port Police, Construction and Maintenance (C&M), Wharfingers, and Real Estate Divisions’ activities. This action will authorize three Agreements, each for a three-year term, with a combined total not-to-exceed amount of $6,000,000. The Harbor Department is financially responsible for payment under the 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 that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants than by City employees; (3) approve the Agreement with Ocean Blue Environmental Services, Inc. (Long Beach, CA) for a term of three years for the total not-to-exceed amount of $2,000,000; (4) approve the Agreement with Patriot Environmental Services, Inc. (Wilmington, CA) for a term of three years for the total not-to-exceed amount of $2,000,000; (5) approve the Agreement with Ancon Services (Signal Hill, CA) for a term of three years for the total not-to-exceed amount of $2,000,000; (6) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (7) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the Second Amendment to Memorandum of Agreement No. 10-2900A (Agreement) with the United States Army Corps of Engineers (Corps) to expedite the Corps independent evaluation of the City of Los Angeles Harbor Department’s (Harbor Department) priority permit applications and environmental assessments required by the National Environmental Policy Act (NEPA). The Second Amendment would extend the term of the Agreement by an additional three years and would increase the contract amount by an additional $100,000. The Harbor Department is financially responsible for payment of the proposed Amendment.
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 Second Amendment to Memorandum of Agreement No. 10-2900A with the United States Army Corps of Engineers, Los Angeles District extending the term by three years to December 31, 2019 and increasing the contract amount by $100,000 for a total not-to-exceed contract amount of $900,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (4) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a proposed Agreement with Tetra Tech, Inc. (Tetra Tech) of Pasadena, California to provide concession, grant administration, and support services for the Clean Truck Program (CTP) at the Port of Los Angeles (Port). Tetra Tech was selected through a competitive Request for Proposal (RFP) process conducted jointly by the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) in order to preserve synergies and significant cost savings that occur from having a single contractor serve both ports. The POLB will enter into a separate agreement with Tetra Tech. This action will authorize an agreement with Tetra Tech for a three-year term and a not-to-exceed amount of $2,200,000. CTP expenditures are offset each year by approximately $2,500,000 in average annual CTP fees. The Harbor Department is financially responsible for payment under the proposed agreement.
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 Agreement with Tetra Tech, Inc. for a term of three years and a total amount not-to-exceed $2,200,000; (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.____________.
Executive Office
Summary: The Harbor Community Benefit Foundation (HCBF) requests that the Board of Harbor Commissioners approve its proposed 2017 Operating Budget of $353,427 for the 2017 calendar year and transfer funding in the amount of $308,274 from the Port Community Mitigation Trust Fund (PCMTF). The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the PCMTF, subject to Board approval of budget, grants and PCMTF fund transfers in accordance with the TraPac Memorandum of Understanding (TraPac MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). On October 21, 2016, HCBF’s Board of Directors approved the proposed operating budget for the 2017 calendar year and is requesting Board approval and transfer of funds from the PCMTF. In accordance with the TraPac MOU and Operating Agreement, HCBF has provided the required financial reports and program documentation in support of its budget request. Upon approval by the Board, the Harbor Department will authorize JP Morgan Private Bank (JPMPB) to transfer a lump sum amount of $308,274 from the PCMTF to HCBF. The $308,274 will be supplemented by HCBF’s projected 2016 surplus of $45,153 for a total requested 2017 Operating Budget of $353,427. Upon transfer of funds from the PCMTF, HCBF will be financially responsible for its operating budget. Additionally, HCBF will provide the Board prior notice of any reallocation of authorized funds that exceed 10% of the total annual budget. 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 calendar year 2017 Operating Budget of a not-to-exceed amount of $353,427, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice to any reallocation with the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (3) approve the Harbor Community Benefit Foundation to retain the $45,153 surplus from the 2016 Operating Budget for the purpose of funding the current request for its 2017 Operating Budget; (4) authorize the Executive Director or designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $308,274 from JP Morgan Private Bank to the Harbor Community Benefit Foundation subject to the same condition set forth in Recommendation 2; and (5) adopt Resolution No.____________.
Commission Office
8. RESOLUTION NO.____________ - ADOPTION OF THE 2017 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board resolve to adopt subject Resolution No.____________.
Regular Items (9 - 11)
Environmental Management
Summary: Staff requests approval of Agreements with AMEC Foster Wheeler Environment & Infrastructure, Inc.; Castle Environmental Consulting, LLC; CDM Smith, Inc.; Dudek; Environmental Compliance Solutions, Inc.; ICF Jones & Stokes, Inc.; and Ramboll Environ US Corporation to provide the City of Los Angeles Harbor Department (Harbor Department) as-needed environmental documentation and special environmental services. This action will authorize seven Agreements, each for a three-year term, with a combined total not-to-exceed amount of $22,000,000. 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) 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 $4,000,000; (4) approve the Agreement with Castle Environmental Consulting, LLC, for a term of three years for the total not-to-exceed amount of $700,000; (5) approve the Agreement with CDM Smith, Inc. for a term of three years for the total not-to-exceed amount of $4,000,000; (6) approve the Agreement with Dudek for a term of three years for the total not-to-exceed amount of $4,000,000; (7) approve the Agreement with Environmental Compliance Solutions, Inc. for a term of three years for the total not-to-exceed amount of $1,300,000; (8) approve the Agreement with ICF Jones & Stokes, Inc. for a term of three years for the total not-to-exceed amount of $4,000,000; (9) approve the Agreement with Ramboll Environ US Corporation for a term of three years for the total not-to-exceed amount of $4,000,000; (10) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (11) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) to fund a Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) project with VeRail Technologies, Inc. (VeRail) located in Reno, Nevada, to develop and demonstrate a near-zero, natural-gas-powered, emission locomotive (Project). The Project will be specifically designed to meet the current requirements for port railcar switching activities as well as California Air Resources Board (CARB) Tier 4+ locomotive engine emission standards. The recommended funding amount of $600,000 will be shared equally between the Harbor Department and POLB in a contract to be entered into between POLB and VeRail. The proposed action is to approve a Cost Share Agreement with POLB for a term of three years, under which the Harbor Department will reimburse POLB half of the Project costs in the amount of $300,000.
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) approve the Cost Share Agreement between the City of Los Angeles Harbor Department and the Port of Long Beach for the reimbursement of $300,000 for the VeRail Natural Gas Locomotive Project; (3) authorize the Executive Director to execute and Board Secretary to attest to said agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests 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). California Cartage is located at 2401 East Pacific Coast Highway, Wilmington, California 90744. The Harbor Department, as the Foreign-Trade Zone (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. 16-3394 which will expire on November 27, 2016. California Cartage wishes to continue operating its warehouse as a FTZ warehouse thus, the Harbor Department needs to execute a new operating agreement as required by the FTZ Board. Site 1A facilities consist of approximately 600,000 square feet of warehouse and office space on 84 acres located approximately 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. The proposed Agreement is for a term of 180 days, commencing on the first day of the month subsequent to the Harbor Department’s approval of this agreement. Upon approval, the proposed Agreement is for 180 days or upon the termination of the License, whichever occurs earlier.
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 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.____________.
L. Adjournment