REGULAR MEETING AGENDA
THURSDAY, MARCH 2, 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
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
Regular Meeting of February 16, 2017
H. Presentation
I. Level I Coastal Development Permit Report
The Executive Director has approved one Level I CDP:
CDP No. 17-02 Yacht Haven Marina – Build a Block Wall Trash Enclosure
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Public Hearing
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
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: AltaSea at the Port of Los Angeles (AltaSea) requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 17-01 to utilize the existing transit sheds at Berths 58-60 for a business and research hub (proposed project). Staff recommends approval of CDP 17-01. The proposed project would refurbish all 180,000 square feet of the transit sheds for a marine research and business hub. The proposed project would provide leasable space for tenants who qualify to occupy the site with water-dependent and ocean-related activities. Proposed construction activities to the transit shed are minimal, such as new electrical services, upgrades to lighting, new fire alarm system, new landscaping, and other improvements outlined on Application for Port Permit No. 160812-116. The proposed project also includes the construction of a wharf plaza between Berths 57 and 58. The wharf plaza will include a pavilion to house lectures and interactive learning for school groups and visiting scientists. AltaSea is financially responsible for the estimated $16 million project cost.
Recommendation: Board resolve to (1) consider the Second Addendum to the certified Environmental Impact Report for the City Dock #1 Marine Research Center Project; (2) hold a public hearing for the proposed Coastal Development Permit No. 17-01, 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. 17-01, consistent with the project description listed on Application for Port Permit No. 160812-116, 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 - 8)
Commission Office
Recommendation: Board resolve to adopt subject Resolution No.____________.
Construction and Maintenance
3. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39802 TO NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF SIX FORD POLICE INTERCEPTOR UTILITY VEHICLES
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners approve Contract No. 39802 with National Auto Fleet Group of Watsonville, CA for the purchase of six Ford police interceptor utility vehicles in the amount of $255,563, including sales tax and fees. These vehicles will replace six existing police vehicles that have reached the end of their service life. These replacements were planned and funded in the Fiscal Year 2016-17 capital equipment budget. These contracts are 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 City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into an agreement with National Auto Fleet Group utilizing a current agreement for such services with the National Joint Powers Alliance (NJPA) Contract No. 102811, a cooperative purchase agreement; (3) approve Contract No. 39802 with National Auto Fleet Group for the purchase and delivery of six Ford police interceptor utility vehicles for an amount not to exceed $255,563; (4) authorize the Executive Director to execute and Board Secretary to attest Contract No. 39802 for and behalf of the Board; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Master Joint Revocable Permit (MJRP) No. 16-20 between Petro-Diamond Terminal Company (Petro-Diamond), a California Corporation, and the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (POLB), as joint property owners, for a crossing to allow Petro-Diamond to install, operate and maintain one new petroleum products pipeline. The MJRP will replace outdated agreements and allow pipelines to be added or removed through an amendment that would solely require the approval of the Executive Directors of the Harbor Department and POLB. In addition, the MJRP will revise permit terms and provisions to reflect current standards, document existing operated facilities for future reference, and adjust compensation. Approval of the MJRP will result in Petro-Diamond paying the minimum annual permit fee of $2,000, including an annual Consumer Price Index (CPI) escalator. Petro-Diamond will be responsible for the maintenance of the property.
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 Public Resources Code Section 21080.21(a) as determined by the Director of Environmental Management; (2) approve Master Joint Revocable Permit No. 16-20 with Petro-Diamond Terminal Company; (3) authorize the Executive Director to execute and the Board Secretary to attest to Master Joint Revocable Permit No. 16-20; and (4) adopt Resolution No.____________.
Engineering
Transmittal 1a
Transmittal 1b
Transmittal 1c
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 Moffatt & Nichol; AECOM Technical Services, Inc.; and Jacobs Engineering Group, Inc. to provide Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) on-call engineering services supporting the City of Los Angeles Harbor Department’s MOTEMS Program. The three Agreements are for three-year terms in the amount of $2,000,000 each for a total of $6,000,000. 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 Personal Service Agreements (Agreements) can be performed more feasibly by independent consultants rather than by City employees; (3) approve the three Agreements for a term of three-years each, with a combined contract total of $6,000,000 as follows:
a. Moffatt & Nichol (Long Beach, CA) for $2,000,000;
b. AECOM Technical Services, Inc. (Los Angeles, CA) for $2,000,000;
c. Jacobs Engineering Group, Inc. (Los Angeles, CA) for $2,000,000;
(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.____________.
Information Technology
Summary: Staff requests approval of the First Amendment to Agreement No. 14-3256 (Agreement) with Granicus, Inc. (Granicus) for streaming media services and archiving hardware and software used by the City of Los Angeles Harbor Department (Harbor Department) for the Board of Harbor Commissioners (Board) meetings. The proposed First Amendment will extend the existing Agreement by three additional years, for a total of six years, with no change in the total not-to-exceed amount. The recommendation to enter into Agreement 14-3256 was based on a cooperative arrangement between the Harbor Department and the Office of the City Clerk for the utilization of the services Granicus provides under City of Los Angeles (City) Contract Number C-109835 with Granicus. The Harbor Department will continue to be financially responsible for payment of services rendered under the 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 First Amendment to Agreement No. 14-3256 to extend the existing Agreement for an additional three years, for a total of six years; (3) direct the Board Secretary to transmit the First Amendment to Agreement No. 14-3256 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 First Amendment to Agreement No. 14-3256, upon approval by the City Council; and (5) adopt Resolution No.____________.
Port Pilots
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a second Temporary Order amending the Port of Los Angeles (Port) Tariff No. 4 (Tariff No. 4) Section Three - "Charges for Pilotage". On December 15, 2016 the Board approved a Permanent and Temporary Order that was effective January 1, 2017, expiring March 29, 2017. City Council has not yet approved the Permanent Order; therefore, a second Temporary Order is required to allow additional time for the Permanent Order to pass through the City Council approval process. This Temporary Order, if approved, will expire 90 days after the day it is published or upon execution of the Permanent Order by City Council, whichever comes first.
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 Temporary Order No.____________ to amend the Port of Los Angeles Tariff No. 4, Section Three – "Charges for Pilotage", Item No. 330; (3) authorize the Board Secretary to certify the adoption of the second Temporary Order by the Board and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to Charter Section 653(b), and transmit the Temporary Order to the Chief Wharfinger for implementation, and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of the Fourth Amendment to Permit No. 724 (Permit) between Los Angeles Yacht Club (LAYC) and the City of Los Angeles Harbor Department (Harbor Department) for the operation and maintenance of structures and facilities for a yacht club and small vessel dry storage area located in San Pedro. The Permit has a 30-year term that commenced on March 4, 1993 and will expire on March 3, 2023. The proposed amendment revises the premises, requires that all future rent be subject to annual Consumer Price Index (CPI) increases, incorporates updated permit assignment language into the agreement, and extends the term of the existing Permit by an additional 20 years.
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 as determined by the Director of Environmental Management; (2) find the Amendment and its terms are in the best interest of the City and approve the Fourth Amendment to Permit No. 724 with Los Angeles Yacht Club; (3) direct the Board Secretary to transmit the Fourth Amendment to Permit No. 724 to City Council for approval pursuant to Charter Sections 606 and 607 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Fourth Amendment to Permit No. 724 upon approval by City Council; and (5) adopt Resolution No.____________.
CLOSED SESSION
L. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
California Regional Water Quality Control Board, Los Angeles Region v. Port of Los Angeles, Complaint No. R4-2015-0019 for Administrative Civil Liability
2. 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to an amendment to the Exclusive Negotiation Agreement with Harbor Performance Enhancement Center LLC:
Property: Berth 300, Terminal Island, CA
City Negotiator: Jack Hedge
Tenant Negotiator: Jonathan Rosenthal
Negotiating Parties: City and Harbor Performance Enhancement Center LLC
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 and amendment to Permit 907 with SSA Pacific, Inc.:
Property: Berths 54-55, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiator: Bill Fitz
Negotiating Parties: City and SSA Pacific, Inc.
Under Negotiation: Price and Terms
5. 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
M. Adjournment