Special Agenda - November 23, 2015
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
MONDAY, NOVEMBER 23, 2015 AT 2:30 P.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CALIFORNIA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
Employee Calendar Contest Winners
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
Alameda Corridor Transportation Authority (ACTA) - Board Meeting Update
F. APPROVAL OF THE MINUTES
G. PRESENTATION
H. LEVEL I COASTAL DEVELOPMENT PERMIT REPORT
The Executive Director has approved one Level I CDP:
I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
Consent Items (1-7)
Office of the City Attorney
SUMMARY: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve two First Amendments (Amendments) to Executive Director Agreement No. E-6773 with DigiStream Investigations (DigiStream) and Agreement No. E-6774 with G4S Investigations (G4S). The First Amendment for Agreement No. E-6773 with DigiStream extends the term of the agreement by one year and increases the appropriation by $30,000. The First Amendment for Agreement No. E-6774 with G4S Investigations extends the term by one year. The term extensions and additional funding for DigiStream is necessary due to multiple lengthy ongoing Workers’ Compensation investigations. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for payment of expenses under the proposed Amendments.
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 First Amendment to Agreement No. E-6773 with DigiStream Investigations, extending the one-year term to a total of two years and increasing the appropriation to an amount not-to-exceed $60,000; (3) approve the First Amendment to Agreement No. E-6774 with G4S Investigations, extending the one-year term to a total of two years; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement E-6773 and the First Amendment to Agreement No. E-6774; and (5) adopt Resolution No.____________.
Environmental Management
SUMMARY: In December 2007, the Board of Harbor Commissioners (Board) awarded an Air Quality Mitigation Incentive Program (AQMIP) Grant for $875,000 to Seaside Transportation Services, LLC (STS) for cargo handling equipment retrofits. A portion of the award, $350,000, was used to retrofit 14 top picks with California Air Resources Board (CARB) verified emission control technologies. The remaining balance of $525,000 was approved by the Board to be used to repower 11 rubber-tired gantry cranes (RTGs). The $525,000 grant contract has now expired before payment could be made to STS for the repowers, though the repower of the 11 RTGs has been completed, they are in use, and the project results in the reduction of .28 tons of diesel particulate matter (DPM) and 10.81 tons of oxides of nitrogen (NOx) per year. A new agreement is now necessary to reimburse STS for the cost of parts and labor that were incurred in replacing the 11 RTG engines. Staff recommends approval of the new agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and STS for an amount not to exceed $461,572, which is the cost incurred for parts and labor, for a term of six months to reimburse STS. Since the actual reimbursable cost of the retrofit was less than the originally anticipated $525,000, the remaining grant balance of $63,428 will be reallocated to the Harbor Community Benefit Foundation in a manner agreed upon by the parties to the China Shipping Settlement. The new 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) approve the Agreement between the City of Los Angeles Harbor Department and Seaside Transportation Services, LLC., in the not-to-exceed amount of $461,572; (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.____________.
Waterfront & Commercial Real Estate
SUMMARY: The Waterfront and Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) approve the Order resetting compensation for Permit No. 724 between the Los Angeles Yacht Club (LAYC) and the City of Los Angeles Harbor Department (Harbor Department) for the operation and maintenance of a yacht club located in the Outer Harbor, San Pedro. Permit No. 724 has a 30-year term that commenced on March 4, 1993 and will expire on March 3, 2023. Consistent with the terms and conditions of Permit No. 724 that compensation be reset every five years, the proposed Order recommends that compensation be reset for the 2013-2018 period on a graduated annual scale ranging from $2,455.65 in 2013 to $2,890.61 in 2015, and adjusted by Consumer Price Index (CPI) annually for the remainder of the compensation 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 for the period of March 4, 2013 through March 3, 2018 under Permit No. 724; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Order No.____________.
Cargo Marketing
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Cargo Marketing Division recommends that the Board of Harbor Commissioners approve the FTZ operating agreement between the City Harbor Department and Screen GP Americas, LLC (Screen) to activate its warehouse within FTZ 202, Site 44, located at 10727 Commerce Way, Fontana, California 92337. Site 44 is a 29,175 square feet property including a warehouse located approximately 65 miles from the Port of Los Angeles. Screen will be operating its warehouse under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. This proposed Agreement will not require funding by 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 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 Screen GP Americas, LLC; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement, upon approval by the City Council; and (5) adopt Resolution No.____________.
Engineering
SUMMARY: The Engineering Division recommends that the Board of Harbor Commissioners approve the Amendment to Allocation Agreement No. 75A0385. The State of California, Department of Transportation (Caltrans) requires the City of Los Angeles Harbor Department (Harbor Department) to fully execute an Amendment to Allocation Agreement No. 75A0385 related to the West Basin Road Rail Access Improvements – Segment 2 project, to extend the State Proposition 1B Trade Corridor Improvement Fund (TCIF) grant reimbursement period to June 30, 2017 and de-allocate $1,089,000 of unused project funding.
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 11, Section 2(f) and 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Amendment to Allocation Agreement No. 75A0385Â as to substantial form; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Amendment to Allocation Agreement No. 75A0385 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Executive Office
SUMMARY: The Harbor Community Benefit Foundation (HCBF) is requesting that the Board of Harbor Commissioners (Board) approve the Community Benefit Grant Program, Round 3 projects in the amount of $335,000 and transfer funding in such amount from the Port Community Mitigation Trust Fund (PCMTF). 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. The HCBF Board of Directors has confirmed its selection of 10 projects to receive funding for the third 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, $335,000 will be transferred from the PCMTF to HCBF for 10 grant awards. The $335,000 will be supplemented by $15,000 of unspent funds from a prior grant cycle for a total of $350,000 in 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 10 projects to receive awards from the Community Benefit Grant Program, Round 3, 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 $335,000 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._____________.
Executive Office
SUMMARY: The Harbor Community Benefit Foundation (HCBF) is requesting that the Board of Harbor Commissioners (Board) approve its proposed 2016 Operating Budget of $437,706 for the 2016 calendar year and transfer funding in the amount of $359,324 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 16, 2015, HCBF’s Board of Directors approved the proposed operating budget for the 2016 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 $359,324 from the PCMTF to HCBF. The $359,324 will be supplemented by HCBF’s projected 2015 surplus of $78,382 for a total requested 2016 Operating Budget of $437,706. 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 2016 Operating Budget of a not-to-exceed amount of $437,706; 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 $78,382 surplus from the 2015 Operating Budget for the purpose of funding the current request for its 2016 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 $359,324 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.____________.
Regular Items (8-11)
Port Pilots
SUMMARY: The Port Pilots Division recommends the Board of Harbor Commissioners approve the City of Los Angeles Harbor Department (Harbor Department) Memorandum of Agreement (MOA) with the United States Department of Commerce National Oceanic and Atmospheric Administration (NOAA) National Ocean Service Center for Operational Oceanographic Products and Services (CO-OPS) to install an air gap measurement system to the apex of the Vincent Thomas Bridge (Bridge). The proposed MOA between the Harbor Department and CO-OPS, which is based in Silver Spring, Maryland, provides for the installation, operation and maintenance of air gap sensor equipment and access to the collected data, in addition to the continued operation and maintenance of existing atmospheric sensors.  The precise, real-time air gap data from the new system will add an additional measurement of safety for increasingly large vessels piloted under the Bridge. The terms of the agreement will be five years ending December 31, 2020 for a total amount of $135,459 with each year’s annual amount to be funded in advance annually by the Harbor Department, this is in addition to a current purchase order commitment of $17,000 per year for the operation and maintenance (O&M) of existing atmospheric sensors by the Harbor Department.Â
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(6) of the Los Angeles City CEQA Guidelines; (2) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the United States Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service Center for Operational Oceanographic Products and Services; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement term of five years at an amount of $135,459; and (4) adopt Resolution No.____________.
Engineering
SUMMARY: The Engineering Division recommends the Board of Harbor Commissioners (Board) approve the Caltrans Cooperative Agreement (Agreement) with the State of California Department of Transportation (Caltrans) for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). This Agreement, if approved by the Board, defines the respective roles and responsibilities of each agency during the Project Initiation Document phase of the Project where Caltrans and the Harbor Department will develop the Caltrans Project Study Report Project Initiation Document (PID). The Agreement will terminate 180 days after the PID is signed by all parties and is for a lump-sum amount of $150,000. The total approved budget for this project is $1,500,000, which consists of $999,000 for a proposed personal services agreement with AECOM, $150,000 for a proposed cooperative agreement with Caltrans, and $351,000 for Harbor Department staff. The Harbor Department has been awarded $1,000,000 in Measure R Metro funds which will be used to offset $1,000,000 of the above costs. In addition, Harbor Department General Revenue Funds will be used to fund the remaining $500,000 of the project budget. By completing this phase, the Harbor Department will not be obligated to construct the Project nor complete the final design phase. Additionally, by completing this phase, the Harbor Department will be eligible to seek additional transportation funds in the future to construct the Project, contingent upon approval by the Board of Harbor Commissioners (Board).
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 Caltrans Cooperative Agreement (Agreement) between the City of Los Angeles Harbor Department and the State of California Department of Transportation; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Engineering
SUMMARY: The Engineering Division recommends the Board of Harbor Commissioners (Board) approve the Personal Services Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and AECOM, Los Angeles California, to provide engineering and environmental services for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration project. The Agreement has a contract term of three years with a not-to-exceed amount of $999,000. The Harbor Department through this Agreement will prepare a Caltrans Project Study Report, Caltrans Project Report and Caltrans Environmental Documentation for Caltrans approval. The total approved budget for this project is $1,500,000, which consists of $999,000 for a proposed personal services agreement with AECOM, $150,000 for a proposed cooperative agreement with Caltrans, and $351,000 for Harbor Department staff. The Harbor Department has been awarded $1,000,000 in Measure R Metro funds which will be used to offset the above costs. In addition, Harbor Department General Revenue Funds will be used to fund the remaining $500,000 of the project budget. By completing this phase, the Harbor Department will not be obligated to construct the project nor complete the final design phase. Additionally, by completing this phase, the Harbor Department will be eligible to seek additional transportation funds in the future to construct the project, contingent upon approval by the Board.
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 is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve a personal services agreement with AECOM for engineering and environmental services for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration project with a not-to-exceed amount of $999,000 and a term of three years; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and Adopt Resolution No.____________.
Waterfront and Commercial Real Estate
11. RESOLUTION NO. ____________ - APPROVAL OF THE COMMEMORATIVE ART POLICY
SUMMARY: The Waterfront and Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) approve the Commemorative Art Policy (Policy). The Policy provides procedures and standards for City of Los Angeles Harbor Department (Harbor Department) review of commemorative art proposals from outside organizations or individuals. The review process would include: a feasibility determination by Harbor Department staff (Staff); a recommendation by an Advisory Panel consisting of community representatives, volunteers with historic or design expertise, and Staff; Board action to approve or deny the proposal; and a final Memorandum of Understanding (MOU) between the Harbor Department and applicant, where applicable.
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 Commemorative Art Policy; and (3) adopt Resolution No.____________.
J. CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 704 with ExxonMobil Oil Corporation:
Property: Berths 237-240, Terminal Island, California
City Negotiator: Michael Galvin
Tenant Negotiator: Christi Vogl
Negotiating Parties: City and ExxonMobil Oil Corporation
Under Negotiation: Price and Terms
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Concession Agreement 518 with Cathay Bank:
Property: Berth 31, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiator: Jack Boyt
Negotiating Parties: City and Cathay Bank
Under Negotiation: Price and Terms
3. 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
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Travelers Property Casualty Company of America and Navigators Insurance Company v. City of Los Angeles, United States District Court Case No. 2:15-cv-07799-GW (PJWx)
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
United States of America v. Ronald J. Boyd, United States District Court Case No. CR 15-235
6. 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.