Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, NOVEMBER 15, 2018 AT 8:30 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
Convene in Memory of Steve Banas
D. 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.
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
Regular Meeting of November 1, 2018
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 4)
1. RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE SUBZONE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CHEVRON U.S.A. INC. FTZ 202, SITE B
Transmittal 1
Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Chevron U.S.A. Inc. (Chevron) to continue operating its refinery and storages within FTZ 202, Site B. Site B consists of refining, storage facilities and office space located in the city of El Segundo, California. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ operators to oversee their FTZ operations. Currently, the Harbor Department and Chevron have an FTZ Operating Agreement No. 2599 which will expire on December 31, 2018. Chevron wishes to continue operating its refinery as an FTZ thus, the Harbor Department needs to execute a new Operating Agreement (Agreement) as required by the FTZ Board. FTZ 202 Site B consists of a refinery and office space on 951 acres in El Segundo, California. Chevron will be operating its facilities under FTZ procedures. This proposed Agreement will not require funding by the Harbor Department. The proposed Agreement is for a term of five years with three, five-year renewal options commencing on January 1, 2019 to December 31, 2023. If the proposed Agreement is approved, the Harbor Department will receive $10,000 annually from Chevron (per FTZ Tariff No. 2).
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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Chevron U.S.A. Inc; (3) direct the Board Secretary to transmit the proposed 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No._____________.
2. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LANGDON BIOLOGICAL CONSULTING, LLC MONITORING SERVICES OF THE CALIFORNIA LEAST TERN NESTING SITE
Transmittal 1
3. RESOLUTION NO.____________ - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 724 WITH THE LOS ANGELES YACHT CLUB
Transmittal 1
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); (2) approve the Order resetting compensation for the period of March 4, 2018 through March 3, 2023 under Permit No. 724; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Resolution No.____________ and Order No.____________.
4. RESOLUTION NO.____________ - APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOLLAND & KNIGHT, LLP FOR CYBERSECURITY ADVOCACY REPRESENTATION
Summary: Staff requests approval of the Agreement between the City of Los Angeles Harbor Department (“Harbor Department”) and Holland & Knight, LLP for cybersecurity advocacy representation for the Harbor Department. The proposed Agreement is for a one-year term, with two one-year options, and a not-to-exceed amount of $120,000 per year, plus travel expenses not-to-exceed $33,000 per year, for a total contract amount of $459,000. The Harbor Department is financially responsible for 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 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, 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 employees; (3) approve the proposed Agreement between the City of Los Angeles Harbor Department and Holland & Knight, LLP for a one-year term, with two one-year options, with a not-to-exceed amount of $153,000 per year, for a total contract amount of $459,000; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.____________.
Regular Items (5 – 11)
5. RESOLUTION NO.____________ - APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT, THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THE PORT OF LONG BEACH FOR THE FUNDING OF THE EARLY ADOPTER TRUCK INCENTIVE PROGRAM
Transmittal 1
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined 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) of the Los Angeles City CEQA Guidelines; (2) approve a Memorandum of Understanding between the City of Los Angeles Harbor Department, the South Coast Air Quality Management District, and the Port of Long Beach that sets forth the terms and conditions of the parties’ funding and administrative obligations; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement with the South Coast Air Quality Management District and the Port of Long Beach for and on behalf of the Board; and (4) adopt Resolution No.____________.
6. RESOLUTION NO.____________ - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE BERTHS 206-209 MATSON BUILDINGS DEMOLITION PROJECT AT 1050 NEW DOCK STREET (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO. 180201-013; STATE CLEARINGHOUSE NO. 2018091046)
Transmittal 1
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the proposed Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street, (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA 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 Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street, 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 Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street; (5) approve the Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street in consideration of the Final Initial Study/Negative Declaration, together with the comment letters received and the responses to comments; (6) authorize the City of Los Angeles Harbor Department to file the Notice of Determination for the Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street with the Los Angeles City and County Clerks; (7) approve the Berths 206-209 Matson Buildings Demolition Project; and (8) adopt Resolution No.____________.
Engineering
7. RESOLUTION NO.____________ - APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MARK THOMAS & COMPANY, INC. TO PREPARE CALTRANS PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE STATE ROUTE 47(SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Transmittal 1
Summary: Staff requests approval of a personal services agreement (Agreement) with Mark Thomas & Company, Inc. of Irvine, California, to prepare the State of California Department of Transportation (Caltrans) Plans, Specifications, and Estimates (PS&E) for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project. The Agreement has a contract term of three years with a not-to-exceed amount of $2,999,986. This Agreement will be 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) approve a personal services agreement with Mark Thomas & Company, Inc. to prepare the State of California Department of Transportation Plans, Specifications, and Estimates for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project with a not-to-exceed amount of $2,999,986 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.___________.
8. RESOLUTION NO.____________ - AMENDMENT NO. 1 TO MEASURE R FUNDING AGREEMENT NO. 920000000MR312.32 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE STATE ROUTE 47 (SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Transmittal 1
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 the Amendment No. 1 to the Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R Funding Agreement No. 920000000MR312.32 between the Harbor Department and LACMTA which awards an additional $3,030,000 to the Harbor Department (Transmittal 1); (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement on behalf of the Board; (4) authorize the Board Secretary to mail three originals of the Agreement to Los Angeles County Metropolitan Transportation Authority, One Gateway Plaza, MS 99-22-3, Los Angeles, CA 90012-2952 upon execution of the LACMTA Measure R Funding Agreement by the Executive Director; and (5) adopt Resolution No.____________.
9. RESOLUTION NO.____________ - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER 17-3425-A
Transmittal 1
Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No. 17-3425-A (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No. 17-3425-A remain unchanged. Agreement No. 17-3425-A, which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No. 17-3425-A is for the hardware, software and services for the Portal project. The proposed Consent to Assignment and Assumption of Agreement No. 17-3425-A will not result in financial expenditures by 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) approve the Consent to Assignment and Assumption of Agreement No. 17-3425-A with General Electric Company and General Electric Transportation Parts, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
10. RESOLUTION NO.____________ - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER 17-3518
Transmittal 1
Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No. 17-3518 (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No. 17-3518 remain unchanged. Agreement No. 17-3518, which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting and the Los Angeles City Council approved at its September 26, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No. 17-3518 is for the revenue allocation and marketing outreach to commercialize the Portal. The proposed Consent to Assignment and Assumption of Agreement No. 17-3518 will not result in financial expenditures by 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) approve the Consent to Assignment and Assumption of Agreement No. 17-3518 with General Electric Company and General Electric Transportation Parts, LLC; (3) direct the Board Secretary to transmit said 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 the said Agreement for and on behalf of the Board; and (5) adopt Resolution No._____________.
11. RESOLUTION NO.____________ - APPROVE THIRD AMENDMENT TO PERMIT NO. 881 WITH TRAPAC, INC.
Transmittal 1
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) and 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Third Amendment to Permit No. 881 with TraPac, Inc.; (3) approve the Errata for the Berths 136-147 [TraPac] Container Terminal Project Mitigation Monitoring and Reporting Program; (4) direct the Board Secretary to transmit the Third Amendment to Permit No. 881 to the City Council pursuant to City Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Permit No. 881 upon approval by City Council; and (6) adopt Resolution No.____________.
K. 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
Pasha Stevedoring & Terminals v. City of Los Angeles, Los Angeles Superior Court Case No. BC634447
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Travelers Property Casualty Company and Navigators Insurance Company v. City of Los Angeles, U.S. District Court Case No. 15-CV-7799 GW (PJWx)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Shell Oil Company:
Property: Berths 167-169, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Tuan Diep
Negotiating Parties: City and Shell Oil Company
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with So Cal Ship Services:
Property: Berth 240X, Terminal Island, California
City Negotiator: Jack Hedge
Tenant Negotiator: Mark Wrobel
Negotiating Parties: City and So Cal Ship Services
Under Negotiation: Price and Terms
6. 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)
7. 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: (three cases)
L. Adjournment
Convene in Memory of Steve Banas
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. 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.
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
Regular Meeting of November 1, 2018
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Cargo Marketing
1. RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE SUBZONE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CHEVRON U.S.A. INC. FTZ 202, SITE B
Transmittal 1
Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Chevron U.S.A. Inc. (Chevron) to continue operating its refinery and storages within FTZ 202, Site B. Site B consists of refining, storage facilities and office space located in the city of El Segundo, California. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ operators to oversee their FTZ operations. Currently, the Harbor Department and Chevron have an FTZ Operating Agreement No. 2599 which will expire on December 31, 2018. Chevron wishes to continue operating its refinery as an FTZ thus, the Harbor Department needs to execute a new Operating Agreement (Agreement) as required by the FTZ Board. FTZ 202 Site B consists of a refinery and office space on 951 acres in El Segundo, California. Chevron will be operating its facilities under FTZ procedures. This proposed Agreement will not require funding by the Harbor Department. The proposed Agreement is for a term of five years with three, five-year renewal options commencing on January 1, 2019 to December 31, 2023. If the proposed Agreement is approved, the Harbor Department will receive $10,000 annually from Chevron (per FTZ Tariff No. 2).
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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Chevron U.S.A. Inc; (3) direct the Board Secretary to transmit the proposed 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No._____________.
Environmental Management
2. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LANGDON BIOLOGICAL CONSULTING, LLC MONITORING SERVICES OF THE CALIFORNIA LEAST TERN NESTING SITE
Transmittal 1
Transmittal 5
Summary: Staff recommends approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Langdon Biological Consulting, LLC (LBC), San Pedro, California, to provide continuation of monitoring services of the endangered California least tern (CLT) nesting site on Pier 400. The endangered CLT bird species resides on Pier 400, adjacent to the Port of Los Angeles’ (Port) largest container terminal. The Harbor Department maintains, monitors, and protects 15 acres on Pier 400 for the nesting of these endangered birds. Approval of the proposed Agreement with LBC will authorize a three-year contract term for an amount not-to-exceed $364,000. The Harbor Department is financially responsible for 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 administratively exempt from the requirement of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with Langdon Biological Services, LLC, a Small Business Enterprise, for a term of three years for a not-to-exceed amount of $364,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Summary: Staff recommends approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Langdon Biological Consulting, LLC (LBC), San Pedro, California, to provide continuation of monitoring services of the endangered California least tern (CLT) nesting site on Pier 400. The endangered CLT bird species resides on Pier 400, adjacent to the Port of Los Angeles’ (Port) largest container terminal. The Harbor Department maintains, monitors, and protects 15 acres on Pier 400 for the nesting of these endangered birds. Approval of the proposed Agreement with LBC will authorize a three-year contract term for an amount not-to-exceed $364,000. The Harbor Department is financially responsible for 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 administratively exempt from the requirement of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with Langdon Biological Services, LLC, a Small Business Enterprise, for a term of three years for a not-to-exceed amount of $364,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
3. RESOLUTION NO.____________ - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 724 WITH THE LOS ANGELES YACHT CLUB
Transmittal 1
Summary: Staff requests approval of the Order resetting compensation for Permit No. 724 with the Los Angeles Yacht Club (LAYC) for the five-year period from March 4, 2018 through March 3, 2023. The Order resets compensation in the amount of $3,112.65 per month, or $37,351.80 per year, beginning March 4, 2018, and will adjust annually thereafter based on the Consumer Price Index. LAYC is financially responsible for all rental payments under Permit No. 724.
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); (2) approve the Order resetting compensation for the period of March 4, 2018 through March 3, 2023 under Permit No. 724; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Resolution No.____________ and Order No.____________.
Government Affairs
4. RESOLUTION NO.____________ - APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOLLAND & KNIGHT, LLP FOR CYBERSECURITY ADVOCACY REPRESENTATION
Summary: Staff requests approval of the Agreement between the City of Los Angeles Harbor Department (“Harbor Department”) and Holland & Knight, LLP for cybersecurity advocacy representation for the Harbor Department. The proposed Agreement is for a one-year term, with two one-year options, and a not-to-exceed amount of $120,000 per year, plus travel expenses not-to-exceed $33,000 per year, for a total contract amount of $459,000. The Harbor Department is financially responsible for 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 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, 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 employees; (3) approve the proposed Agreement between the City of Los Angeles Harbor Department and Holland & Knight, LLP for a one-year term, with two one-year options, with a not-to-exceed amount of $153,000 per year, for a total contract amount of $459,000; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.____________.
Regular Items (5 – 11)
Environmental Management
5. RESOLUTION NO.____________ - APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT, THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THE PORT OF LONG BEACH FOR THE FUNDING OF THE EARLY ADOPTER TRUCK INCENTIVE PROGRAM
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department), the South Coast Air Quality Management District (SCAQMD), and the Port of Long Beach (POLB). The MOU is an agreement between the three parties to each provide $2,000,000 toward assisting truck operators in the purchase of new low-nitrogen oxide (NOx) natural gas drayage trucks. These funds will be combined with $8,000,000 in grant funding awarded to the SCAQMD by the California Energy Commission (CEC). In total, $14,000,000 will be made available to truck operators at the ports of Los Angeles and Long Beach (Ports) and throughout the South Coast Air Basin to purchase up to 140 trucks. The administration of the funding will be managed by SCAQMD. The Ports have recently updated their Clean Truck Programs (CTP) to reduce heavy-duty drayage truck-related air pollution in the region by turning over the existing drayage trucking fleet to the newest and cleanest trucks. As part of an Early Adopter Incentive Program (Program), this MOU is an initial effort to provide funding toward the purchase of lower emission drayage trucks in Port service. The Harbor Department is financially responsible for $2,000,000 under this Board action.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined 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) of the Los Angeles City CEQA Guidelines; (2) approve a Memorandum of Understanding between the City of Los Angeles Harbor Department, the South Coast Air Quality Management District, and the Port of Long Beach that sets forth the terms and conditions of the parties’ funding and administrative obligations; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement with the South Coast Air Quality Management District and the Port of Long Beach for and on behalf of the Board; and (4) adopt Resolution No.____________.
Environmental Management
6. RESOLUTION NO.____________ - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE BERTHS 206-209 MATSON BUILDINGS DEMOLITION PROJECT AT 1050 NEW DOCK STREET (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO. 180201-013; STATE CLEARINGHOUSE NO. 2018091046)
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Negative Declaration (IS/ND) for the proposed Berths 206-209 Matson Buildings Demolition Project (Project) at 1050 New Dock Street along with comments and responses to comments, and approve the proposed Project as described in the Final IS/ND. The proposed Project involves demolishing four obsolete, existing structures and paving a parking lot. The structures are: the gate office building, the in-bound and out-bound canopies, and the former pre-check building. These structures may pose a safety hazard to future tenants. Costs associated with the proposed Project, including those associated with the Final IS/ND is the responsibility of the City of Los Angeles Harbor Department (Harbor Department).
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the proposed Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street, (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA 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 Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street, 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 Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street; (5) approve the Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street in consideration of the Final Initial Study/Negative Declaration, together with the comment letters received and the responses to comments; (6) authorize the City of Los Angeles Harbor Department to file the Notice of Determination for the Berths 206-209 Matson Buildings Demolition Project at 1050 New Dock Street with the Los Angeles City and County Clerks; (7) approve the Berths 206-209 Matson Buildings Demolition Project; and (8) adopt Resolution No.____________.
Engineering
7. RESOLUTION NO.____________ - APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MARK THOMAS & COMPANY, INC. TO PREPARE CALTRANS PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE STATE ROUTE 47(SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Transmittal 1
Summary: Staff requests approval of a personal services agreement (Agreement) with Mark Thomas & Company, Inc. of Irvine, California, to prepare the State of California Department of Transportation (Caltrans) Plans, Specifications, and Estimates (PS&E) for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project. The Agreement has a contract term of three years with a not-to-exceed amount of $2,999,986. This Agreement will be 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) approve a personal services agreement with Mark Thomas & Company, Inc. to prepare the State of California Department of Transportation Plans, Specifications, and Estimates for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project with a not-to-exceed amount of $2,999,986 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.___________.
Engineering
8. RESOLUTION NO.____________ - AMENDMENT NO. 1 TO MEASURE R FUNDING AGREEMENT NO. 920000000MR312.32 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE STATE ROUTE 47 (SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Transmittal 1
Summary: Staff requests the Board of Harbor Commissioners (Board) approve Amendment No. 1 (Amendment) to the Measure R Funding Agreement No. 920000000MR312.32 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles County Metropolitan Transportation Authority (LACMTA). Amendment No. 1 awards the Harbor Department an additional $3,030,000 to develop the Plans, Specifications, and Estimates (PS&E) of the State Route 47(SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project).
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 the Amendment No. 1 to the Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R Funding Agreement No. 920000000MR312.32 between the Harbor Department and LACMTA which awards an additional $3,030,000 to the Harbor Department (Transmittal 1); (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement on behalf of the Board; (4) authorize the Board Secretary to mail three originals of the Agreement to Los Angeles County Metropolitan Transportation Authority, One Gateway Plaza, MS 99-22-3, Los Angeles, CA 90012-2952 upon execution of the LACMTA Measure R Funding Agreement by the Executive Director; and (5) adopt Resolution No.____________.
Information Technology
9. RESOLUTION NO.____________ - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER 17-3425-A
Transmittal 1
Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No. 17-3425-A (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No. 17-3425-A remain unchanged. Agreement No. 17-3425-A, which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No. 17-3425-A is for the hardware, software and services for the Portal project. The proposed Consent to Assignment and Assumption of Agreement No. 17-3425-A will not result in financial expenditures by 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) approve the Consent to Assignment and Assumption of Agreement No. 17-3425-A with General Electric Company and General Electric Transportation Parts, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Executive Office
10. RESOLUTION NO.____________ - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER 17-3518
Transmittal 1
Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No. 17-3518 (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No. 17-3518 remain unchanged. Agreement No. 17-3518, which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting and the Los Angeles City Council approved at its September 26, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No. 17-3518 is for the revenue allocation and marketing outreach to commercialize the Portal. The proposed Consent to Assignment and Assumption of Agreement No. 17-3518 will not result in financial expenditures by 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) approve the Consent to Assignment and Assumption of Agreement No. 17-3518 with General Electric Company and General Electric Transportation Parts, LLC; (3) direct the Board Secretary to transmit said 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 the said Agreement for and on behalf of the Board; and (5) adopt Resolution No._____________.
Cargo & Industrial Real Estate
11. RESOLUTION NO.____________ - APPROVE THIRD AMENDMENT TO PERMIT NO. 881 WITH TRAPAC, INC.
Transmittal 1
Summary: Staff requests approval of the Third Amendment to Permit No. 881 between the City of Los Angeles Harbor Department (Harbor Department) and TraPac, Inc. (TraPac). The proposed action will: A) Correctly summarize Permit No. 881’s “As-Built” premises following the terminal modernization project completed by the Harbor Department in August 2017; B) Replace premises Exhibits A and B to Permit No. 881 with updated exhibits that reduce premises boundaries near Harry Bridges Blvd. and summarize completed project improvements; C) Provide the Harbor Department the right to take back the underutilized eastern parking lot, D) Grant ownership of LED lighting mounted to the underside of the “fly-over” bridge that crosses over a portion of the premises to the Harbor Department, and E) Incorporate a water conservation mitigation measure by updating and replacing Exhibit K-2 of the Permit. Staff also requests approval of Errata for the Berths 136-147 [TraPac] Container Terminal Project Mitigation Monitoring and Reporting Program, which is necessary to clarify the updates to Exhibit K-2.
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) and 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Third Amendment to Permit No. 881 with TraPac, Inc.; (3) approve the Errata for the Berths 136-147 [TraPac] Container Terminal Project Mitigation Monitoring and Reporting Program; (4) direct the Board Secretary to transmit the Third Amendment to Permit No. 881 to the City Council pursuant to City Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Permit No. 881 upon approval by City Council; and (6) adopt Resolution No.____________.
K. 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
Pasha Stevedoring & Terminals v. City of Los Angeles, Los Angeles Superior Court Case No. BC634447
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Travelers Property Casualty Company and Navigators Insurance Company v. City of Los Angeles, U.S. District Court Case No. 15-CV-7799 GW (PJWx)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Shell Oil Company:
Property: Berths 167-169, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Tuan Diep
Negotiating Parties: City and Shell Oil Company
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with So Cal Ship Services:
Property: Berth 240X, Terminal Island, California
City Negotiator: Jack Hedge
Tenant Negotiator: Mark Wrobel
Negotiating Parties: City and So Cal Ship Services
Under Negotiation: Price and Terms
6. 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)
7. 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: (three cases)
L. Adjournment