REGULAR MEETING AGENDA
THURSDAY, MARCH 16, 2017 AT 4:30 P.M.
THE OPEN SESSION ITEMS WILL BEGIN NO SOONER THAN 6:00 P.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
A. Roll Call
CLOSED SESSION
B. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING CASE
(Subdivision (d)(1) of Government Code Section 54956.9
San Pedro Peninsula Homeowner's United Inc., Before the Surface
Transportation Board, Docket No. FD 36065
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Orcem Americas, Inc.:
Property: Berths 191-194, Wilmington, California
City Negotiators: Michael Galvin
Tenant Negotiator: Steve Bryan
Negotiating Parties: City and Orcem Americas, Inc.
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 Permit 787 granted to Yang Ming Marine Transport Corp.:
Property: Berths 121-131, San Pedro, California
City Negotiator: Jack Hedge
Tenant Negotiator: Captain T.R. Lee
Negotiating Parties: City and Yang Ming Marine Transport Corp.
Under Negotiation: Price and Terms
4. 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:
three cases.
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Executive Director
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
H. Approval of the Minutes
Regular Meeting of March 2, 2017
I. Presentation
California State Lands Commission Overview
Public Access Investment Plan 2017 Update
Wilmington Waterfront Development Program
J. Level I Coastal Development Permit Report
K. Board Reports of the Executive Director
Consent Items (1 - 5)
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Covenant and Environmental Restriction (CER) for the benefit of the California Regional Water Quality Control Board (CRWQCB), Los Angeles Region. The attached CER puts forth certain best practices for the current use and future uses of the new ILWU Dispatch Hall located at 1500 East Anaheim Street in Wilmington. In May 2011, the Board of Harbor Commissioners approved Permit No. 893 with Pacific Maritime Association (PMA) for the construction and operation of a dispatch hall. As a result of construction activities on the property, CRWQCB has deemed it necessary to require the execution and recordation of the CER.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Covenant and Environmental Restriction for 1500 East Anaheim Street; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Covenant and Environmental Restriction for 1500 East Anaheim Street; and (4) adopt Resolution No.____________.
Environmental Management
Transmittal 1A
Transmittal 1B
Transmittal 1C
Transmittal 1D
Transmittal 1E
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the proposed Personal Service Agreements (Agreements) with Starcrest Consulting Group, LLC (Starcrest), Tetra Tech, Inc. (Tetra Tech), Ramboll Environ US Corporation (Ramboll), Environmental Compliance Solutions, Inc. (ECS), and E2 ManageTech, Inc. (E2) to provide the City of Los Angeles Harbor Department (Harbor Department) as-needed technical support for air quality programs. This action will authorize five Agreements, each for a three year term with a combined total not-to-exceed amount of $7,000,000. The Harbor Department is financially responsible for the payment of services 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 proposed Agreements with for a term of three-years each, with a combined total of $7,000,000 as follows:
a. Starcrest Consulting Group, LLC (Albuquerque, NM) for $2,500,000;
b. Tetra Tech, Inc. (Pasadena, CA) for $2,000,000;
c. Ramboll Environ US Corporation (Los Angeles, CA) for $1,000,000;
d. Environmental Compliance Solutions, INC. (Santa Monica, CA) $1,000,000;
e. E2 ManageTech, Inc. (Long Beach, CA) for $500,000;
(4) authorize the Executive Director and the Board Secretary to execute and attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Transmtital 8
Summary: Staff requests approval of the First Amendments (Amendments) to eight Agreements (Agreements) between the City of Los Angeles Harbor Department (Harbor Department) and various marina operators located in the Wilmington District. These marina operators are: Island Yacht Anchorage, Inc. (Berth 205D), Island Yacht Anchorage, Inc. (Berth 200V), California Yacht Marina L.P., Yacht Haven Marina Inc., Yacht Centre, Inc., Leeward Bay Marina, Pacific Yacht Landing, and Cerritos Yacht Anchorage. The Agreements allow for distribution of funds the Harbor Department received from SA Recycling as part of a Stipulated Final Judgment between the State of California and SA Recycling. Funds are to be distributed to individual marina operators and are to be used to target water and sediment pollution sources, as identified in the Port of Los Angeles and Port of Long Beach Water Resources Action Plan (WRAP). The Amendments will allow a two-year extension to the term of the existing Agreements for the purchase and installation of approved items and to fully expend funds, thereby garnering maximum benefit to water and sediment quality.
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) authorize the Executive Director to execute and the Board Secretary to attest to:
a. Amendment No. 1 to Agreement No. E6831 with Island Yacht Anchorage, Inc.;
b. Amendment No. 1 to Agreement No. E6832 with California Yacht Marina, L.P.;
c. Amendment No. 1 to Agreement No. E6833 with Yacht Haven Marina, Inc.;
d. Amendment No. 1 to Agreement No. E6834 with Yacht Centre, Inc.;
e. Amendment No. 1 to Agreement No. E6835 with Island Yacht Anchorage, Inc.;
f. Amendment No. 1 to Agreement No. E6836 with Leeward Bay Marina;
g. Amendment No. 1 to Agreement No. E6837 with Pacific Yacht Landing;
h. Amendment No. 1 to Agreement No. E6842 with Cerritos Yacht Anchorage, Inc.; and (3) adopt Resolution No.____________.
Environmental Management
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 faster reimbursement under the grant after equipment has been delivered. 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.____________.
Government Affairs
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of two Agreements for federal government advocacy services in Washington, D.C. for the City of Los Angeles Harbor Department (Harbor Department) with the following firms: (1) Alcalde & Fay, Ltd. located in Arlington, Virginia; and (2) Kadesh & Associates, LLC located in Washington, D.C. Each of the proposed Agreements are for a one-year term with two one-year options to extend, for a total of up to three-years, with a not-to-exceed amount of $270,000 per firm, which is $90,000 per firm, per year, resulting in a monthly fee of $7,500 per month, per firm. The total authority of the proposed two Agreements is $540,000 over three-years. The Harbor Department is financially responsible for payment of expenses incurred under each of 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 Los Angeles City Charter (Charter), Section 1022, work under the subject Agreements are temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve the two proposed Agreements with (1) Alcalde & Fay, Ltd. located in Arlington, Virginia; and (2) Kadesh & Associates, LLC located in Washington, D.C. Each of the proposed Agreements are for a one-year term with two one-year options to extend, for a total of up to three-years, with a not-to-exceed amount of $270,000, per firm, which is $90,000 per firm, per year, resulting in a monthly fee of $7,500 per month, per firm. The total authority of the proposed two Agreements is $540,000 over three-years; (4) authorize the Executive Director to terminate any of the Agreements with a ten-day written notice; (5) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreements; and (6) adopt Resolution No.____________.
Regular Items (6 & 7)
Environmental Management
Transmittal 1A
Transmittal 1B
Transmittal 1C
Transmittal 1D
Transmittal 1E
Transmittal 1F
Transmittal 1G
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the proposed Personal Service Agreements (Agreements) with Tetra Tech, Inc. (Tetra Tech); The Source Group, Inc. (Source Group); Parsons Environmental & Infrastructure Group, Inc. (Parsons); Pacific Edge Engineering, Inc. (Pacific Edge); Anchor QEA, LLC (Anchor); Eco & Associates, Inc. (Eco); and Leighton Consulting, Inc. (Leighton), to provide the City of Los Angeles Harbor Department (Harbor Department) as-needed site assessment and environmental restoration services. This action will authorize seven Agreements, each for a three-year term, with a combined not-to-exceed amount of $21,000,000. The Harbor Department is 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 proposed Agreements for a term of three-years each, with a combined contract total of $21,000,000 as follows:
a. Tetra Tech, Inc. (Pasadena, CA) for $4,500,000;
b. The Source Group, Inc. (Signal Hill, CA) for $4,500,000;
c. Leighton Consulting, Inc. (Irvine, CA) for $4,000,000;
d. Parsons Environmental & Infrastructure Group, Inc. for $2,250,000;
e. Pacific Edge Engineering, Inc. (Mission Viejo, CA) for $2,250,000;
f. Eco & Associates, Inc. (Irvine, CA) for $1,750,000;
g. Anchor QEA, LLC, (Mission Viejo, CA) for $1,750,000;
(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
Summary: Staff requests approval of Joint Revocable Permit (JRP) No. 15-07 between BNSF Railway Company (BNSF), a Delaware corporation, and the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (POLB), as joint owners, to operate and maintain two subsurface four-inch diameter telecommunication conduits. BNSF has installed the conduits along the Union Pacific Railroad Company right-of-way adjacent to their operations. The conduits were necessary in order to connect between two BNSF properties separated by the right-of-way. That right-of-way is now owned by the Harbor Department and POLB. BNSF had requested approval from Union Pacific Railroad to install these conduits and assumed they had the appropriate authority to proceed with the installation and in 2007, BNSF installed these conduits without seeking approval from the Harbor Department and POLB. After discovering the issue and a lengthy negotiation on the language of the JRP, an agreement with BNSF has been reached. Approval of the proposed JRP will result in a one-time payment of $19,369.79, equally shared by the Harbor Department and POLB for the period of February 1, 2007 through January 31, 2016. Going forward, rent will be based on $2,000 per year plus an annual Consumer Price Index (CPI) escalator. BNSF will be responsible for all costs to operate and maintain 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 III Classes 1(14) and 3(5) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Joint Revocable Permit No. 15-07 between the City of Los Angeles Harbor Department and Port of Long Beach as joint owners, and BNSF Railway Company to use the property to operate and maintain two subsurface four-inch telecommunication conduits; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No.15-07; and (4) adopt Resolution No.____________.
L. Adjournment