REGULAR MEETING AGENDA
THURSDAY, JANUARY 25, 2018 AT 8:30 A.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Lucia Moreno-Linares
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
1. Regular Meeting of January 11, 2018
H. Presentation
1. San Pedro Public Market Development Status
I. Level I Coastal Development Permit Report
J. Board Reports of the Executive Director
Consent Items (1-3)
Office of the City Attorney
1. RESOLUTION NO.____________ - LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND REMY MOOSE MANLEY LLP
Transmittal 1
Summary: The Office of the City Attorney (Office) requests the Board of Harbor Commissioners (Board) approve a Legal Services Agreement (Agreement) between the City Los Angeles Harbor Department (Harbor Department) and Remy Moose Manley LLP for legal services for matters related to the California Environmental Quality Act (CEQA). The Agreement is for a term of three years with compensation of $464,400. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively 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 in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with Remy Moose Manley LLP in the amount of $464,400 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution No.____________.
Goods Movement
2. RESOLUTION NO.____________ - APPROVE REQUEST FOR ON-CALL TRANSPORTATION ENGINEERING/PLANNING AND GOODS MOVEMENT /LOGISTICS PROFESSIONAL SERVICES AGREEMENTS WITH: AECOM; CAMBRIDGE SYSTEMATICS, INC.; ITERIS, INC.; MOFFATT & NICHOL ENGINEERING; AND WSP USA.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests that the Board of Harbor Commissioners approve five on-call professional services agreements for terms of three years each, in a cumulative amount of $800,000, with the following firms: AECOM; Cambridge Systematics, Inc.; Iteris, Inc.; Moffatt & Nichol Engineers; and WSP USA. The Goods Movement Division (GMD) requires outside professional services for a variety of purposes including, but not limited to: grant applications; traffic studies for proposed transportation projects; terminal/rail system simulation and capacity analyses; and logistics research. The Harbor Department is financially responsible for costs incurred under the proposed agreements.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with 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 agreements can be performed more feasibly by outside consultants rather than by City employees; (3) approve five on-call professional services agreements for a term of three years each (with a cumulative total of $800,0000), as follows:
· AECOM ($150,000)
· Cambridge Systematics, Inc. ($300,000)
· Iteris, Inc. ($100,000)
· Moffatt & Nichol Engineers ($100,000)
· WSP USA ($150,000)
(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.____________.
Construction and Maintenance
3. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39847 TO JOHNSON CONTROLS, INC. FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) UNIT REPLACEMENTS THROUGHOUT THE PORT OF LOS ANGELES
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year agreement with a single one-year renewal option, Contract No. 39847, with Johnson Controls, Inc. of Cypress, California for the purchase and installation of heating, ventilation, and air conditioning (HVAC) units throughout the Harbor Department for a total not-to-exceed amount of $1,200,000 for the duration of the two-year agreement. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), and Article III, Class 1(1), of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that in accordance with the 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 Johnson Controls utilizing a current agreement for such services with the federal General Services Administration (GSA) through their Contract No. GSA-07F-190CA, a cooperative purchase agreement; (3) approve Contract No. 39847 with Johnson Controls, Inc. in the amount of $600,000 for a period of one year, with a single one-year renewal option in the same amount annually to be exercised by the Executive Director or his/her designee; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39847 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Regular Items (4-7)
Executive Office
4. RESOLUTION NO.____________ - AWARD OF CONTRACT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND RONALD D. WIDDOWS FOR PROFESSIONAL SERVICES TO DEVELOP AND IMPLEMENT SUPPLY CHAIN OPTIMIZATION STRATEGIES
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a sole source contract award to Ronald D. Widdows, Scottsdale, Arizona, to provide professional services to develop and assist in the implementation of supply chain optimization strategies to enhance the speed and efficiency of cargo movement through the San Pedro Bay and specifically at the Port of Los Angeles. The City of Los Angeles Harbor Department (Department) requires the professional, expert and technical services of Mr. Widdows to aid staff in the development and implementation of the aforementioned strategies through outreach and cooperation with a variety of supply chain stakeholders. The contract will be for two years, $150,000 per year, for a total not-to-exceed amount of $300,000. The Department will be financially responsible for the payment of expenses under the proposed contract.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Class 2(f) of the Los Angeles City CEQA Guidelines; (2) find that the proposed contract qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional basis for which competitive bidding is not practicable or advantageous, pursuant to Los Angeles City Charter, Section 371(e)(2) and Los Angeles Administrative Code Section 10.15.(a)(2); (3) find in accordance with Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City Employees; (4) approve the contract between the Harbor Department and Ronald D. Widdows; (5) authorize the Executive Director to execute and the Board Secretary to attest; and (6) adopt Resolution No.____________.
Executive Office
5. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION’S COMMUNITY BENEFIT GRANT PROGRAM, ROUND 6 SELECTION OF TEN PROJECTS TO RECEIVE GRANT AWARDS AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve Harbor Community Benefit Foundation’s (HCBF) selection of 10 projects to receive awards from the Community Benefit Grant Program, Round 6 and transfer $644,794 from the Port Community Mitigation Trust Fund (PCMTF) to HCBF. 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 selected 10 projects to receive funding for the sixth 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 mitigate, reduce and address the Port of Los Angeles' (Port) impact on the local communities of Wilmington and San Pedro. Upon approval, $644,794 will be transferred from the PCMTF to HCBF for 10 total grant awards. Upon the transfer of funds from the PCMTF to HCBF, HCBF will be financially responsible for the proposed projects and 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 administratively 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 6, 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 $644,794 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.____________.
Construction
6. RESOLUTION NO.____________ - CHANGE ORDER NO. 1 - BERTHS 77 AND 80 LEAD AND ASBESTOS ABATEMENT, AND DEMOLITION OF BUILDINGS CONTRACTOR: MANSON CONSTRUCTION COMPANY 2016-2018 MARINE IMPROVEMENTS SPECIFICATION NO. 2771 - CONTRACT NO. 2300
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests Change Order No. 1 (Change Order) to Contract No. 2300 for 2016-2018 Marine Improvements (Contract), in the amount of $477,267, be approved to authorize Manson Construction Company (Manson) to perform lead and asbestos abatement, and demolition of buildings at Berths 77 and 80. The work is necessary to provide a vacant construction site as part of the Harbor Department’s commitment to the San Pedro Public Market redevelopment project, with Phase I scheduled to start construction in March 2018. The Contract was approved by the Board of Harbor Commissioners on October 15, 2015 in the amount of $29,218,930 plus a 10% contingency in the amount of $2,921,893 for a total authorization of $32,140,823. Therefore, there is adequate contingency funding for the $477,267 under this Change Order. The Harbor Department is financially responsible for expenses under this Contract.
Recommendation: Board resolve to (1) find that the proposed action is administratively and statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Sections 2(f) and 2(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that in accordance with City Charter Section 1022, work covered under the Change Order can be performed more feasibly by an independent contractor (Manson) rather than by City employees; (3) approve the Change Order to the Contract with Manson for a not-to-exceed amount of $477,267 and authorize the Executive Director to execute said Change Order; and (4) adopt Resolution No.____________.
Environmental Management
7. RESOLUTION NO.____________ - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE REEVES AVENUE MARINE SERVICES SUPPORT YARD PROJECT (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO. 151117-129; STATE CLEARINGHOUSE NO. 2017091060)
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Negative Declaration (IS/ND) for the proposed Reeves Avenue Marine Services Support Yard (Project) along with comments and responses to comments, and approve the proposed Project as described in the Final IS/ND. The proposed Project involves the approval of a Revocable Permit (RP) to allow for the operation of a marine services support yard (e.g., peel-off yard, container storage, chassis storage). The support yard is a 12-acre site at 801 Reeves Avenue for container storage and chassis storage.
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act Guidelines Section 15074, the Final Initial Study/Negative Declaration for the Reeves Avenue Marine Services Support Yard (a) has been completed in compliance with the State California Environmental Quality Act Guidelines and the Los Angeles City California Environmental Quality Act Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including, (a) the information contained in this report; and (b) the Final Initial Study/Negative Declaration for the Reeves Avenue Marine Services Support Yard, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) find that all information added to the Final Initial Study/Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and that recirculation is not necessary; (4) adopt the Final Initial Study/Negative Declaration for the Reeves Avenue Marine Services Support Yard; (5) authorize the Environmental Management Division to file the Notice of Determination for the subject proposed Project with the Los Angeles City and County Clerks; and (6) adopt Resolution No.____________.
CLOSED SESSION
K. Closed Session Items
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 900 with WWL Vehicle Services Americas, Inc.:
Property: 500 E. Water St., Wilmington
City Negotiator: Jack Hedge
Tenant Negotiator: Dean Serr
Negotiating Parties: City and WWL Vehicle Services Americas, Inc.
Under Negotiation: Price and Terms
2. 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:
(11 cases).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD01106
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD01082
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD01156
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD00950
8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01078
9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01084
10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026
11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01025
12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD01101
13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD01081
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD01109
15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD01077
16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD01105
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083
K. (Continued)
18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD00949
19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01079
20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102
21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD01103
22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 17LBUD01104
L. Adjournment