Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, SEPTEMBER 20, 2018 AT 4:30 P.M. (CLOSED SESSION)
OPEN SESSION WILL BEGIN NO SOONER THAN 6:00 P.M.
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Board of Harbor Commissioners
Vice President David Arian
Commissioner Lucia Moreno-Linares
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 – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Fast Lane Transportation, Inc. v. City of Los Angeles, et al.,
Contra Costa Superior Court Case No. CIVMSN14-0300 consolidated with Case Nos.
CIVMSN14-0308, CIVMSN14-0309, CIVMSN14-0310, CIVMSN14-0311,
CIVMSN14-0312, and CIVMSN14-0313
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
In Re San Pedro Waterfront, LLC dba Ports O' Call Restaurant,
United States Bankruptcy Court Case No. 2:18‑bk‑17424‑RK;
Chapter 11 Adv. Case No. 2:18‑ap‑01216-RK
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Waseem & Tajwar Ahmed dba Maha Enterprises, et al. v. City of Los Angeles,
Los Angeles Superior Court Case No. BC702268
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9(one case)
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed
Purchase and Sale Agreement with Lucy Jao, Trustee of Lucy Jao Trust:
Property: 115 North Avalon Boulevard, Wilmington, CA
City Negotiator: Michael Galvin
Property Negotiator: Lucy Jao
Negotiating Parties: City and Lucy Jao
Under Negotiation: Price and Terms
OPEN SESSION
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
F. Reports of the Commissioners
G. Board Committee Reports
Audit Committee Meeting of September 20, 2018
H. Approval of the Minutes
Regular Meeting of September 6, 2018
I. Presentation
Port of Los Angeles Redesigned Website
J. Level I Coastal Development Permit
Transmittal 1
The Executive Director has approved two Level I CDPs:
CDP No. 18-17 BNSF Railway – Construct Storm Water Retention Basins at 100 Navy Way
CDP No. 18-18 Port of Los Angeles Engineering – Driveway for Access at Berth 51
K. Special Order of the Day – Level II Non-Appealable Coastal Development Permit
Public Hearing
1(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-15) TO THE PORT OF LOS ANGELES FOR THE ALAMEDA CORRIDOR SOUTHERN TERMINUS GAP CLOSURE PROJECT
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 and Strategy
Transmittal 4
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-15 to the City of Los Angeles Harbor Department (Harbor Department) for the proposed Alameda Corridor Southern Terminus Gap Closure Project (proposed project). The proposed project outlined in Application for Port Permit (APP) No. 160218-025 entails construction of 5,000 feet of mainline track and crossovers in the Port of Los Angeles, which eliminates a short gap of single track serving the TraPac and West Basin Container Terminal (WBCT) on-dock railyards. The second track provides simultaneous and unimpeded movements to and from both of these on-dock railyards and the Alameda Corridor. As documented by a rail study conducted for this Second Addendum (LAHD, March 9, 2016), these segment improvements would decrease train delays and improve the efficiency of the rail network. The new double track segment will also reduce train blockages at two adjacent rail crossings on roadways, which also reduces the potential for train-vehicular collisions. The Harbor Department is part of a multi-party funding agreement with the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans), and it is the Master Agreement administering agency. The Harbor Department is financially responsible for $3,537,000 of the estimated total proposed project cost of $9,529,000.
Recommendation: Board resolve to (1) consider the Second Addendum to the certified Environmental Impact Report for the Berths 136-147 TraPac Container Terminal project, and approve the project; (2) hold a public hearing for the proposed Coastal Development Permit No. 18-15, 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 CDP No.18-15, consistent with the project description listed on APP No. 160218-025, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director; (5) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; and (6) adopt Resolution No.____________.
Public Hearing
2(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-16) TO THE JANKOVICH COMPANY FOR THE RELOCATION OF A MARINE SERVICE STATION FROM BERTH 74 TO FOUR NEARBY LOCATIONS
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 and Strategy
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-16 to the Jankovich Company (Jankovich) to relocate its existing marine service station to four nearby locations. Jankovich currently operates a marine service station supplying diesel fuel and gasoline to vessels at Berth 74, and this use is in conflict with the Los Angeles Harbor Department’s (Harbor Department) approved Port Master Plan and development of the San Pedro Public Market. Jankovich proposes to relocate to nearby properties at Berths 51, 71, 73A, and 309 E. 22nd Street. Port Master Plan Amendment No. 29 added Maritime Support as an allowed use at Berths 51, 71, 73A, and 309 E. 22nd Street. The proposed relocation project, as outlined in the Application for Port Permit (APP) No. 160815-117, is the financial responsibility of Jankovich. Jankovich is required to restore the Berth 74 premises, construct new and restore existing improvements at the new premises, and pay the greater of $24,200.16 in minimum rent or percentage rent and tariff charges as outlined in Permit No. 930. The Board approved Permit 930 on August 1, 2017 through Resolution No. 17-8154, which included a $3,000,000 rent credit to Jankovich for improvements made to the new premises. The total project cost is estimated to be $4,000,000.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 18-16, a Level II non-appealable permit; (2) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA guidelines; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 18-16, consistent with the project description listed on APP No. 160815-117, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director to issue said permit; and (5) adopt Resolution No.____________.
L. Board Reports of the Executive Director
Consent Items (3 – 6)
Construction and Maintenance
3. RESOLUTION NO.___________ - APPROVAL OF A SECOND AMENDMENT TO AGREEMENT NO. 17-3529 WITH GLOSTEN, INC.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a second amendment (Second Amendment) to Agreement No. 17-3529 between the City of Los Angeles Harbor Department (Harbor Department) and Glosten, Inc. (Glosten) for a one-year time extension for a total term of two years. The requested extension is required in order to continue providing naval architect and marine consultation services for the acquisition of a replacement derrick barge and associated tug boat. All other terms and conditions of the agreement remain unchanged. The Harbor Department will continue to be financially responsible for expenses under this 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 that in accordance with Los Angeles City Charter Section 1022, the work proposed to be contracted could be more feasibly performed by a contractor than by a City employee. Since this proposed amendment does not add a new labor component or significantly increase an existing labor component and the original 1022 determination elements are still accurate, a new 1022 determination is not required; (3) approve the Second Amendment to Agreement No. 17-3529 to extend the agreement duration by one year for a total term of two years; (4) authorize the Executive Director and Board Secretary to execute and attest to said amendment for and on behalf of the Board; and (5) adopt Resolution No.___________.
Government Affairs
4. RESOLUTION NO.___________ - APPROVAL OF AGREEMENT WITH SHAW, YODER, ANTWIH, INC., FOR STATE GOVERNMENT ADVOCACY REPRESENTATION IN SACRAMENTO
Transmittal 1
Transmittal 2
Summary: Staff recommends approval of the Agreement with Shaw, Yoder, Antwih, Inc. (Shaw), for California State (State) government advocacy representation for the City of Los Angeles Harbor Department (Harbor Department). The proposed Agreement is for a one-year term, with two one-year options, with a not-to-exceed amount of $120,000 per year, for a total amount of $360,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement.
Recommendation: Board resolve to (1) find 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 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 Agreement is 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 proposed Agreement with Shaw, for a one-year term, with two one-year options, with a not-to-exceed amount of $120,000 per year, for a total amount of $360,000; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
5. RESOLUTION NO.____________ - ORDER DIRECTING PBF ENERGY WESTERN REGION LLC TO REMOVE INACTIVE PIPELINES INTERFERING WITH THE SAN PEDRO WATERFRONT DEVELOPMENT
Transmittal 1
Transmittal 2
Summary: Staff requests approval of an Order directing PBF Energy Western Region LLC (PBF) to remove inactive pipelines within the San Pedro Waterfront development. PBF’s underground pipelines must be removed to accommodate proposed development within the San Pedro waterfront area, and the proposed Order will serve as notice to PBF in accordance with its permit.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily, administratively, and categorically exempt from the requirements of the California Environmental Quality Act under Section 15282(k) of the State CEQA Guidelines and Article II Section 2(f) and Article III Class 1(17) of the Los Angeles City CEQA Guidelines; (2) approve the Order directing PBF Energy Western Region LLC to remove pipelines in the San Pedro Public Market development along with all non-active pipelines associated with it; (3) authorize the Board Secretary to attest to the Order directing the aforementioned tenant to remove the pipelines which interfere with the development; and (4) adopt Resolution No.___________ and Order No.___________.
Waterfront & Commercial Real Estate
Transmittal 2
Summary: Staff requests approval of a Lease Agreement (Agreement) whereby the City of Los Angeles Harbor Department (Harbor Department) will be leasing space on a communications tower located on Santa Catalina Island. The tower space will be utilized for the installation of a radio transmitter for the Los Angeles Port Police (Port Police) radio communications system. Space in an adjacent building will also be leased to place additional radio system components. The addition of this transmitter location to the Port Police radio communications system will provide for significant radio coverage improvement in the areas outside of the breakwater. The proposed Lease Agreement is for three years. Based upon payments of $4,000 per month in the first year, which would then be subject to annual five percent increases, a total of $151,320 would be spent by the Harbor Department on this proposed Agreement over its three-year term.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically 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 Lease Agreement; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Lease Agreement; and (4) adopt the Resolution No.___________.
Regular Items (7 – 11)
Engineering
7. RESOLUTION NO.____________ - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER AND THE LOS ANGELES HARBOR DEPARTMENT FUND ELECTRIFICATION PROJECTS
Transmittal 1
Summary: Staff recommends approval of the Memorandum of Understanding (MOU) between the Los Angeles Department of Water and Power (LADWP) and the Los Angeles Harbor Department (LAHD) to develop and support zero carbon fuel emission mobile sources by funding transportation electrification projects in the Harbor District that are consistent with the San Pedro Bay Ports’ Clean Air Action Plan (CAAP) and support the statewide vision for more sustainable freight movement. The MOU’s goal is to fund and create projects with methods that create documentable reductions in air emissions. The MOU will become effective (Effective Date) upon full execution by both parties and shall remain in effect for five years after the Effective Date. LADWP will, at its discretion, provide transportation electrification program funding to LAHD in an aggregate amount up to $15 million over five years. LAHD will submit to LADWP an Annual Work Plan each fiscal year that will describe the transportation electrification projects to be performed, including corresponding project schedules and milestones. LADWP will provide funding upon written approval of the Annual Work Plan and subject to LADWP budgeting and funding from sale of emission credits and/or other funding sources that may become available. Approval of the funding MOU does not approve any specific electrification projects, which will come to the Board as they are developed. Project costs not funded by the LADWP under the MOU are the responsibility of the Harbor Department. The Board of the Los Angeles Department of Water and Power (LADWP) approved the MOU on June 12, 2018. City Council approval is not required.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally exempt from the requirements of the California Environmental Quality Act (CEQA) under Sections 15060(c)(3) and 15378(b)(4) of the State CEQA Guidelines; (2) approve the Memorandum of Understanding between the Los Angeles Department of Water and Power (LADWP) and the Los Angeles Harbor Department (LAHD) to fund transportation electrification projects in the Harbor District; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOU for and on behalf of the Board; (4) authorize the Executive Director to implement the terms of the MOU on behalf of the Board, including submitting to LADWP the Annual Work Plan and all required reports; and (5) adopt Resolution No.___________.
8. RESOLUTION NO.___________ - AWARD OF CONTRACT NO. 39855 FOR PURCHASE OF A MULTI-MISSION MEDIUM RESPONSE VESSEL
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Contract No. 39855 with MetalCraft Marine US, Inc., Cape Vincent, New York for the purchase of an Interceptor 12M multi-mission medium response vessel to replace a current vessel used by the Los Angeles Port Police (Port Police) for marine operations and back-up dive boat. The total contract amount is $1,526,024 inclusive of applicable tax, a standard manufacturer warranty, technical documentation and delivery. The contract also includes expenses for up to three Port Police employees to travel to Cape Vincent, New York in order to conduct a mid-build inspection and a final sea trial. This 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 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) award and approve Contract No. 39855 to MetalCraft Marine US, Inc. for the purchase of a multi-mission medium response vessel in the amount of $1,526,024 plus applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39855 for and on behalf of the Board; and (4) adopt Resolution No.___________.
Environmental Management
9. RESOLUTION NO.___________ - SECOND AMENDMENT TO AGREEMENT NO. 16-3436 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ENVIRONMENTAL COMPLIANCE SOLUTIONS, INC. FOR AS-NEEDED ENVIRONMENTAL DOCUMENTATION AND SPECIAL ENVIRONMENTAL SERVICES
Transmittal 1
Summary: Staff requests approval of a second amendment (Second Amendment) to Agreement No. 16-3436 with Environmental Compliance Solutions, Inc. (ECS), which will increase the contract amount from $2,800,000 to $3,900,000. The additional funds are needed to provide administrative and technical support for large-scale in-progress or pending environmental documents and while staffing vacancies in the City of Los Angeles Harbor Department’s (Harbor Department) Environmental Management Division (EMD) are filled and new staff can be trained. There is no change to the contract term, which is due to expire on December 1, 2019. The Harbor Department is financially responsible for expenses incurred under this 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 that in accordance with City Charter Section 1022, work under the Second Amendment can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Second Amendment to Agreement No. 16-3436 with Environmental Compliance Solutions, Inc. to increase the contract amount from $2,800,000 to $3,900,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No.___________.
Information Technology
10. RESOLUTION NO.____________ - AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BIRDI & ASSOCIATES, INC., SIERRA CYBERNETICS, INC., AND LANCESOFT, INC. FOR ON-CALL INFORMATION TECHNOLOGY SERVICES
Transmittal 1
Transmittal 4
Summary: Staff is requesting approval to enter into Agreements with Birdi & Associates, Inc. (Birdi), Sierra Cybernetics, Inc. (Sierra), and LanceSoft, Inc. (LanceSoft) (Agreements) for City of Los Angeles Harbor Department (Harbor Department) Information Technology (IT) services on an on-call, as-needed basis. The on-call, as-needed services may include support for on-going IT operations, including the help desk, end user support, data center, servers, storage, network, cyber security, software applications, databases, telephones, cellular services, data circuits, physical security systems, and related IT services. The authority amount of each Agreement will be a maximum of $1,333,000 over three years, with an aggregate amount not-to-exceed $3,999,000 over three years. The recommendation to select Birdi, Sierra and LanceSoft is based on the competitive Request for Qualifications (RFQ) process performed by the Harbor Department. Birdi and Sierra are qualified Local Business Enterprises (LBEs) and Small Business Enterprises (SBEs). Therefore, 100% of their proposed Agreements will contribute towards the Harbor Department’s SBE objectives. Sierra is also a Very Small Business Enterprise (VSBE). LanceSoft is not a LBE or SBE, but proposed to subcontract thirty-five percent of the dollars it realizes under the proposed Agreement to a company that is a LBE and SBE. Expenditures under the proposed Agreements 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 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 that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) approve the Agreements with Birdi & Associates, Inc. at an amount not-to-exceed $1,333,000; Sierra Cybernetics, Inc. at an amount not-to-exceed $1,333,000; and LanceSoft, Inc. at an amount not-to-exceed $1,333,000 to support information technology operations on an on-call, as-needed basis for a three-year term; (4) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
11. RESOLUTION NO.___________ - APPROVE REVOCABLE PERMIT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CALIFORNIA TRANSLOAD SERVICES, LLC.
Transmittal 1
Summary: Staff requests approval of a Revocable Permit (RP) with California Transload Services, LLC (CTS) for property located at 2401 E. Pacific Coast Highway in Wilmington. CTS is the successor in interest to California Cartage Company (Cal Cartage) which was acquired by CTS’ parent company, NFI Industries, Inc., in October 2017. The 85.51 acre site is used for a large transloading operation and truck staging, handling a considerable portion of the containerized cargo throughput of both San Pedro Bay ports. The entire location is within the footprint of the proposed BNSF Railway Co. (BNSF) Southern California International Gateway (SCIG) project. Previous City of Los Angeles Harbor Department (Harbor Department) issued lease documents for the site were terminated in 2013 pursuant to the development agreement between the Harbor Department and BNSF, and subsequently were replaced by a BNSF license. That license, and development of the SCIG project, has been set aside by order of the California Court of Appeal, in connection with litigation concerning the SCIG project’s final environmental impact report, thus necessitating issuance of a lease document to allow CTS’ continued and lawful use and occupancy. Annual revenue is expected to be $5,363,725 with annual adjustments based on the Consumer Price Index, All Urban Areas, Los Angeles-Long Beach-Anaheim.
Recommendation: Board resolve to (1) find that the proposed action is categorically 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) find that the proposed action is in the best interest of the Harbor Department due to the monetary value of the cargo handled and the significant number of jobs created on the site despite negotiated changes to the approved terms and conditions in the Permit template and an estimated financial rate of return that does not meet stated policy targets as enacted by the Board; (3) approve Revocable Permit No. 18-08 with California Transload Services, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (5) adopt Resolution No.__________.
M. Adjournment