REGULAR MEETING AGENDA
THURSDAY, JANUARY 12, 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
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
Amber M. Klesges, Board Secretary, 10-Year Service Pin
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
Audit Committee Meeting of December 15, 2016
G. Approval of the Minutes
Regular Meeting of December 15, 2016
H. Presentation
Waterfront Leasing Guidelines
San Pedro Bay Biological Baseline
I. Level I Coastal Development Permit Report
J. Board Reports of the Executive Director
Consent Items (1 - 4)
Cargo Marketing
1. RESOLUTION NO.____________ - APPROVAL OF SECOND AMENDMENT OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 11-3017 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND NIPPON EXPRESS NEC LOGISTICS AMERICA, INC. FTZ 202, SITE 4E
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of the Second Amendment of the Foreign-Trade Zone (FTZ) Operating Agreement No. 11-3017 between the City of Los Angeles Harbor Department (Harbor Department) and Nippon Express NEC Logistics America, Inc. (Nippon-NEC). Nippon-NEC is located within Magnet Site 4 at 18651 Ferris Place, Carson, California. Site 4E is a seven-acre property including a warehouse located within Magnet Site 4, approximately ten miles north of the Port of Los Angeles. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. This Second Amendment will extend the Agreement for another five years to February 28, 2022. All remaining terms and conditions of the Agreement shall remain in full force and effect, except as amended herein.
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 Second Amendment of Foreign-Trade Zone General Purpose Operating Agreement No. 11-3017 between the City of Los Angeles Harbor Department and Nippon Express NEC Logistics America, Inc; (3) direct the Board Secretary to transmit the proposed Second Amendment of Foreign-Trade Zone General Purpose Operating Agreement No. 11-3017 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) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment of Foreign-Trade Zone General Purpose Operating Agreement No. 11-3017; and (5) adopt Resolution No.____________.
Port Police
2. RESOLUTION NO.____________ - MEMORANDA OF UNDERSTANDING FORMALIZING THE TERMS UNDER WHICH INSTRUCTORS ARE PROVIDED TO THE REGIONAL MARITIME LAW ENFORCEMENT TRAINING CENTER BETWEEN THE LOS ANGELES POLICE DEPARTMENT, THE CITY OF LONG BEACH, THE COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT, THE COUNTY OF ORANGE SHERIFF'S DEPARTMENT, THE COUNTY OF SAN BERNARDINO SHERIFF’S DEPARTMENT, THE SAN DIEGO HARBOR POLICE DEPARTMENT AND THE LOS ANGELES HARBOR DEPARTMENT
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the Memoranda of Understanding (MOU) between the Los Angeles Police Department, the City of Long Beach, the County of Los Angeles Sheriff's Department, the Orange County Sheriff's Department, the San Diego Harbor Police Department, the San Bernardino Sheriff's Department and the City of Los Angeles Harbor Department (City). These partner agency MOUs, if approved by the Board, will establish the various duties and responsibilities of the partner agencies, the partner agency provided instructors, and those of the City in administering the training at the Regional Maritime Law Enforcement Training Center (RMLETC).
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 MOUs between the RMLETC partner agencies and the City regarding the duties and responsibilities of those agencies that provide instructors at RMLETC; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memoranda of Understanding for and on behalf of the Board; and (4) adopt Resolution No.____________.
Engineering
3. RESOLUTION NO.____________ - APPROVAL OF PERSONAL SERVICES AGREEMENTS WITH AECOM TECHNICAL SERVICES, INC.; AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC.; BURNS & MCDONNELL ENGINEERING COMPANY; CH2M HILL ENGINEERS, INC.; AND MOFFATT & NICHOL; FOR ON-CALL ENGINEERING SERVICES
Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 1e
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests the Board of Harbor Commissioners (Board) adopt a Resolution and approve the Personal Service Agreements (Agreements) with AECOM Technical Services, Inc.; Amec Foster Wheeler Environment & Infrastructure, Inc.; Burns & McDonnell Engineering Company; CH2M Hill Engineers, Inc.; and Moffatt & Nichol to provide on-call engineering services supporting the City of Los Angeles Harbor Department's Capital Improvement Program (CIP), and Maintenance Improvement Program (MIP). The five Agreements are for three-year terms in the amount of $3,000,000 each for a total of $15,000,000. The Harbor Department will be financially responsible for payment of services rendered 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 five Personal Services Agreements for a term of three years each, with a combined contract total of $15,000,000 as follows:
a. AECOM (Orange, CA) for $3,000,000;
b. Amec Foster Wheeler Environment & Infrastructure, Inc. (Los Angeles, CA) for $3,000,000;
c. Burns & McDonnell (Brea, CA) for $3,000,000;
d. CH2M Hill (Los Angeles, CA) for $3,000,000;
e. Moffatt & Nichol (Long Beach, CA) for $3,000,000;
(4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
4. RESOLUTION NO.____________ - THIRD AMENDMENT TO OPERATING AGREEMENT NO. 15-3354 WITH HECATE ENERGY HARBORSIDE LLC
Transmittal 1
Summary: Staff requests approval of the Third Amendment to Agreement No. 15-3354 (Operating Agreement) with Hecate Energy Harborside LLC (Hecate) in order to amend certain terms within the Operating Agreement that both staff and Hecate have determined require revision. Staff has determined that it is in the best interest of the City of Los Angeles (City) and the City's tenants whose premises will be used to develop, construct, manage, install and maintain photovoltaic solar power systems (PV Systems) for Hecate to provide additional insurance and indemnification. Staff is also requesting approval of an extension to the deadline for which Hecate must install certain Fit50 classified PV systems from the previous deadline of December 31, 2016 to June 30, 2017. This is consistent with a Los Angeles Department of Water & Power (LADWP) determination to extend the deadline in order for Hecate and others to finalize construction financing, along with other changes brought about by permitting and related issues.
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 Third Amendment to Operating Agreement No. 15-3354 with Hecate Energy Harborside LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Operating Agreement No. 15-3354; and (4) adopt Resolution No.____________.
Regular Items (5 - 8)
Cargo & Industrial Real Estate
5. RESOLUTION NO.____________ - APPROVAL OF FIRST AMENDMENT TO REVOCABLE PERMIT NO. 14-11 WITH ARDAGH METAL PACKAGING USA INC.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the First Amendment to Revocable Permit (RP) No. 14-11 between the City of Los Angeles Harbor Department (Harbor Department) and Ardagh Metal Packaging USA Inc. (Ardagh). The proposed action will permit Hecate Energy Harborside, LLC (Hecate) to install approximately one megawatt of photovoltaic solar panels on the roof of the 156,024 square foot warehouse currently entitled to Ardagh on Terminal Island. In addition, Ardagh has requested the option to return 4.18 acres of premises to the Harbor Department prior to the scheduled termination date in order to downsize operations.
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(14) of the Los Angeles City CEQA Guidelines and State of California Public Resources Code Section 21080.35 as determined by the Director of Environmental Management; (2) approve the First Amendment to Revocable Permit No. 14-11 with Ardagh Metal Packaging USA Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Revocable Permit No. 14-11; and (4) adopt Resolution No.____________.
Engineering
6. RESOLUTION NO.____________ - MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF ARMY AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT TO PROVIDE FUNDS FOR MAINTENANCE DREDGING AND RELATED WORK TO NON-FEDERAL BERTHS
Transmittal 1
Summary: Staff requests the Board of Harbor Commissioners (Board) approve the Memorandum of Agreement (MOA) between the Department of Army (DOA) represented by the U.S. Army Engineer, Los Angeles District and the City of Los Angeles, Harbor Department (Department) for the transfer of $3,048,000 for maintenance dredging and related work to non-federal berths which was appropriated in fiscal year 2016 by the DOA. The funds are to be used for expanded use as defined by Section 210 of the Water Resources Development Act of 1986, as amended, (33 U.S.C. 2238(f)) which includes maintenance dredging of non-Federal berths and/or environmental remediation related to dredging berths and Federal navigation channels.
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 Memorandum of Agreement between the City of Los Angeles Harbor Department and the Department of Army; (3) authorize the Executive Director to execute and Board Secretary to attest to said Memorandum of Agreement; and (4) adopt Resolution No.____________.
Environmental Management
7. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 16-3395 WITH THE CALIFORNIA AIR RESOURCES BOARD AND FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT NO. 16-3396 WITH PASHA STEVEDORING & TERMINALS L.P. FOR THE IMPLEMENTATION OF ZERO AND NEAR-ZERO EMISSION TECHNOLOGIES
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the proposed First Amendment to Agreement No. 16-3395 with the California Air Resources Board (CARB) and the proposed First Amendment to Subrecipient Agreement No. 16-3396, with Pasha Stevedoring & Terminals L.P. (Pasha) to modify project milestones and disbursement schedule to implement the Green Omni Terminal Project. The change in project milestones and disbursement schedule provides additional flexibility for technology providers to obtain reimbursement under the grant. No additional funds or time extension is requested.
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) as determined by the Director of Environmental Management; (2) approve in substantial form the First Amendment to Agreement No. 16-3395 with the California Air Resources Board under the Fiscal Year 2014/2015 Air Quality Improvement Program and Low Carbon Transportation Greenhouse Gas Reduction Fund Investments Grant Solicitation for the Multi-Source Facility Demonstration Project to change project milestones and disbursement schedule; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Agreement No. 16-3395 with the California Air Resources Board for and on behalf of the Board; (4) approve the First Amendment to Subrecipient Agreement No. 16-3396 with Pasha Stevedoring & Terminals L.P. under the Fiscal Year 2014/2015 Air Quality Improvement Program and Low Carbon Transportation Greenhouse Gas Reduction Fund Investments Grant Solicitation for the Multi-Source Facility Demonstration Project to change project milestones and disbursement schedule; (5) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Subrecipient Agreement No. 16-3396 with Pasha Stevedoring & Terminals L.P. for and on behalf of the Board; and (6) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
8. RESOLUTION NO.____________ - REVISED EXECUTIVE DIRECTOR AUTHORITY TO GRANT TEMPORARY ENTRY AND USE PERMITS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a Resolution authorizing the Executive Director to grant Temporary Entry and Use Permits (TEUPs) that improves applicability to the variety of TEUP applications currently received for public access events. Specifically, staff requests approval for: (1) a TEUP template; (2) TEUP Fees and Charges Guidelines; and (3) Executive Director authorization to grant TEUPs on the approved template. The proposed action will not result in any new financial responsibility on behalf of the City of Los Angeles Harbor Department (Harbor Department). Staff provided a presentation on a proposed actions at the October 6, 2016 Board of Harbor Commissioners (Board) meeting. In response to Board input, a revised Resolution, consistent with this proposed action, was presented to Audit Committee on December 15, 2016.
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 template entitled TEMPORARY ENTRY AND USE PERMIT; (3) adopt the policy entitled TEMPORARY ENTRY AND USE PERMIT FEES AND CHARGES GUIDELINES; (4) authorize the Executive Director, or designee, to grant TEUPs on the approved template consistent with the adopted policy as set forth more fully in the Board resolution; (5) rescind Resolution No. 5898; and (6) adopt Resolution No.____________.
CLOSED SESSION
K. Closed Session Items
1. 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)
2. 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 904 with AltaSea at the Port of Los Angeles:
Property: City Dock 1, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiator: Jenny Krusoe
Negotiating Parties: City and AltaSea at the Port of Los Angeles
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit amendment with Eagle Marine Services, Ltd.:
Property: Pier 300, Terminal Island, CA
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Farid Salem
Negotiating Parties: City and Eagle Marine Services, Ltd.
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit amendment with Los Angeles Yacht Club:
Property: Berth 34, 285 Whaler's Walk, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Duncan McDuffie
Negotiating Parties: City and Los Angeles Yacht Club
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 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
L. Adjournment