March 23, 2017
NOTICE
SPECIAL BOARD MEETING - WEDNESDAY, APRIL 26, 2017
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING - WEDNESDAY, APRIL 26, 2017
The Los Angeles Board of Harbor Commissioners scheduled a Special
Meeting on Wednesday, April 26, 2017 beginning with Closed Session at 4:30 p.m. Open Session shall begin no sooner than 6:00 p.m.
Port of Los Angeles Harbor Administration Building
425 S. Palos Verdes Street, Board Room, 2nd Floor
San Pedro, California 90731
The agenda specifies the intended business at the Special Meeting.
Additional subject matter(s) will not be considered.
SPECIAL MEETING AGENDA
WEDNESDAY, APRIL 26, 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
OPEN SESSION
A. Roll Call
CLOSED SESSION
B. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)
Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: California United Terminal Inc.
Agency claimed against: City of Los Angeles
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 899 with Pacific Battleship Center:
Property: Berths 87-89, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Jonathon Williams
Negotiating Parties: City and Pacific Battleship Center
Under Negotiation: Price and Terms
3. 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.
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
1. Alameda Corridor Transportation Authority (ACTA) Audit Committee Meeting of April 13, 2017
2. Alameda Corridor Transportation Authority (ACTA) Board Meeting of April 13, 2017
3. Intermodal Container Transfer Facility Joint Powers Authority (ICTFJPA) Board Meeting of April 19, 2017
4. Audit Committee Meeting of April 26, 2017
H. Approval of the Minutes
1. Special Meeting of April 7, 2017
I. Presentation
J. Level I Coastal Development Permit Report
K. Board Reports of the Executive Director
Consent Items (1 - 3)
Cargo Marketing
1. RESOLUTION NO.____________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 14-3270 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND GEODIS LOGISTICS LLC. FORMERLY OHL INTERNATIONAL, INC., FTZ 202, SITE 40
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of the First Amendment to the Foreign-Trade Zone (FTZ) Operating Agreement No. 14-3270 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and OHL International, Inc., (OHL) to change the corporate name to Geodis Logistics LLC. (Geodis) located at 1710 Baseline Road, Rialto, California 92376, as well as the contact party in the Miscellaneous Provisions, Section 16.11 Notices to the Parties. OHL notified the Harbor Department of the change to their corporate name to Geodis Logistics LLC. Site 40 under this Agreement is a 32-acre property including a warehouse located approximately 70 miles north east of the Port of Los Angeles. OHL has been operating its warehouse under FTZ procedures since 2014. All remaining terms and conditions of Agreement No. 14-3270 shall remain in full force and effect. This proposed First Amendment 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 First Amendment to the Foreign-Trade Zone Operating Agreement No. 14-3270 between the City of Los Angeles Harbor Department and Geodis Logistics LLC.; (3) direct the Board Secretary to transmit the proposed First Amendment to the 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 First Amendment of Foreign-Trade Zone Operating Agreement No. 13-3114, upon approval by the City Council; and (5) adopt Resolution No.____________.
Community Relations
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a three-year agreement with Harbor Breeze Corporation (Harbor Breeze) to provide boat tours for both the Harbor Department's student/youth programs and the as-needed programs for business-related and occasional community tours. Annual cost for the combined boat tour programs agreement is not-to-exceed $250,000 with a total not-to-exceed amount of $750,000 for the duration of the agreement. The Harbor Department is responsible for payment of expenses incurred 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) find that in accordance with the City Charter Section 1022, work under the Personal Service Agreement can be performed more feasibly by an independent consultant than by City employees; (3) approve the Agreement for a term of three-years for a total not-to-exceed amount of $750,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Information Technology
3. RESOLUTION NO.____________ - AWARD OF PURCHASE ORDER CONTRACT TO ZONES, INC. FOR INFORMATION TECHNOLOGY EQUIPMENT, SUPPLIES AND RELATED SERVICES
Transmittal 1
Summary: Staff requests approval of a purchase order contract to Zones, Inc. (Zones) for information technology (IT) equipment, supplies and related services. This contract will be used on an as-needed basis to purchase computer-based hardware, including desktops, laptops, tablets, monitors, keyboards, printers, routers, switches and peripherals, and related software, supplies and services. This is to support on-going operations, new projects and future growth. The proposed contract is for a not-to-exceed amount of $2,250,000 and a term of three years. This recommendation is based on the competitive bid process performed by the Contracts and Purchasing Division (CPD) of the City of Los Angeles Harbor Department (Harbor Department) for Bid Number F-969. Zones is headquartered in Auburn, Washington, with a local office in Cerritos, California. The proposed contract 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 the competitive contracting requirement is met using the responses from the Harbor Department's Bid Number F-969; (3) approve the contract with Zones, Inc. for the purchase of IT equipment, supplies, and related services for an amount not-to-exceed $2,250,000 with a term of three years; (4) authorize the Executive Director to make non-technical corrections or clarifications, within the authorized contract amount, to effectuate the intent of the contract; (5) authorize the Executive Director to execute and the Board Secretary to attest; and (6) adopt Resolution No.____________.
Regular Items (4 - 6)
Cargo & Industrial Real Estate
4. RESOLUTION NO.____________ - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 692 WITH YUSEN TERMINALS, LLC
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Order resetting compensation under Permit No. 692 (Permit) with Yusen Terminals, LLC (YTI) for the period from October 1, 2016 to September 30, 2021. The Permit grants YTI use of 224.83 acres at Berths 212-224 for container terminal operations for a 25-year term and one, 10-year option to extend (exercised in May 2015). The Order resetting compensation will increase the Minimum Annual Guarantee (MAG) by 8 percent in Year 1 from $156,583 per acre to $169,110 per acre and remain as such thereafter until Year 5 when MAG will be increased by an additional 5 percent (from $169,110 per acre to $177,565 per acre). All other components of compensation will remain the same.
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 under Permit No. 692 with Yusen Terminals, LLC; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 692; and (4) adopt Resolution No.____________ and Order No.____________.
Waterfront & Commercial Real Estate
5. RESOLUTION NO.____________ - SUCCESSOR PERMIT NO. 917 WITH J DELUCA FISH COMPANY, INC.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of successor Permit No. 917 (P-917) with J Deluca Fish Company, Inc. (J Deluca) for occupancy and use of Stalls 1, 2, 3 and 8 at the San Pedro Municipal Fish Market (Municipal Fish Market). P-917 is a successor term permit to Revocable Permit No. 15-22. City of Los Angeles Harbor Department (Harbor Department) staff has been in discussions with the Municipal Fish Market tenants for the installation of individual refrigeration units and systems that will replace the 65-year old centralized refrigeration system. This obsolete ammonia-based operating system, which was maintained by the tenants, posed a potential environmental hazard and was expensive to maintain. The centralized system was shut down on April 3, 2017, and each tenant has been responsible for securing their own individual refrigeration systems. This allowed each tenant requiring onsite refrigeration to acquire modern and efficient refrigeration units that meet their individual business needs. P-917 will facilitate a financial strategy that will allow J Deluca to secure funding necessary to complete the installation of four refrigeration systems, each costing approximately $120,000.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environment 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) approve Permit No. 917 with J Deluca Fish Company, Inc.; (3) direct the Board Secretary to transmit Permit No. 917 to City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 917 upon approval by City Council; and (5) adopt Resolution No.____________.
Financial Management
6. RESOLUTION NO.____________ - REQUEST FOR BUDGETARY TRANSFER
Summary: Staff proposes total budgetary transfers of $3,296,009 from the Adopted Operating Expense Budget's "Salaries and Benefits" category to the Adopted Operating Expense Budget's "City Services" category. The anticipated shortfall within the City Services category results from higher than anticipated operating and maintenance expenses incurred by the Department of Recreation and Parks for recreational facilities within the Harbor area as well as additional payments which reconcile the difference between estimated and actual overhead costs incurred by the City of Los Angeles ("City"). Sufficient funds are available within the Adopted Operating Expense Budget's "Salaries and Benefits" category for this budgetary transfer as staff anticipates a surplus will exist by fiscal year end. The overall FY 2016/17 Adopted Budget will remain unchanged at $249,041,766. Payment of City Services expenses is the financial responsibility of the Harbor Department.
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 following budgetary transfers to resolve a projected shortfall in the respective operating expense accounts:
a. Transfer $1,944,291 from the Adopted Operating Budget, Account 51610, Center 510, Program 000 to Account 57070, Center 900, Program 000; and
b. Transfer $1,351,718 from the Adopted Operating Budget, Account 51610, Center 412, Program 000 as follows:
i. $667,359 to Center 900, Account 57075;
ii. $403,560 to Center 900, Account 57010; and
iii. $280,799 to Center 900, Account 57065;
(3) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt Resolution No.____________.
L. Adjournment