Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
THURSDAY, MAY 16, 2019
AT 1:30 P.M.
Los Angeles Board of Harbor Commissioners
President Jaime L. Lee
Commissioner Diane L. Middleton
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 – 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
Special Meeting of May 2, 2019
H. Presentation
Foreign-Trade Zone – Eric Caris, Director of Cargo Marketing
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 - 7)
Engineering
1. RESOLUTION NO. _________ - APPROVAL OF AMENDMENT NO. 1 TO CALTRANS COOPERATIVE AGREEMENT NO. 07-5164 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) AND RIGHT OF WAY (ROW) WORK FOR THE STATE ROUTE 47/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving Amendment No. 1 (Amendment) to the Caltrans Cooperative Agreement No. 07-5164 (Agreement) between the City of Los Angeles Harbor Department and the State of California Department of Transportation (Caltrans) to develop Plans, Specifications, and Estimates (PS&E), and Right of Way (ROW) work for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). This Amendment, if approved by the Board, changes language in the Recital of the Agreement to correct the name of the Environmental Document (ED) from a Categorical Exemption to a Negative Declaration/Finding of No Significant Impact. Approval of the proposed Amendment will not have a financial impact on 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 Amendment No. 1 to the Caltrans Cooperative Agreement No. 07-5164 between the City of Los Angeles Harbor Department and the State of California Department of Transportation approved on November 1, 2018; (3) authorize the Executive Director to execute and Board Secretary to attest to said Amendment for and on behalf of the Board; and (4) adopt Resolution No.____________.
Media Relations
2. RESOLUTION NO. ____________ – APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CISION US INC. FOR MEDIA MONITORING SERVICES
Transmittal 1
Transmittal 2
Summary: The City of Los Angeles Harbor Department (Harbor Department) staff requests approval to enter into a three-year agreement with Cision US Inc. (Cision), headquartered in Chicago, Illinois, with offices in Los Angeles, to provide media monitoring and measurement services that will enable the Harbor Department to track and measure news coverage about the Port of Los Angeles (Port) in the print, broadcast and social media categories. Results can be distributed daily via email in an easy-to-read format. The agreement calls for access to a wide range of data, thereby allowing the Media Relations Division to provide metrics on the effectiveness of its media outreach program in conformance with the Port of Los Angeles 2018-2022 Strategic Plan. The cost of these services will be $18,150 annually for three years, not to exceed $54,450. The proposed agreement (Transmittal 1) represents a reduction of $52,050, or 49 percent, compared to the previous agreement over the past three years. The Harbor Department is financially responsible for payment of expenses 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) approve the proposed agreement between the City of Los Angeles Harbor Department and Cision US Inc. to provide media monitoring services for a three-year term, with an annual compensation of $18,150, total not to exceed $54,450; (3) authorize the Executive Director to execute and the Board secretary to attest to the Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
3. RESOLUTION NO. __________ - ENVIRONMENTAL FUNDING AGREEMENT BETWEEN CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY AND THE CITY OF LOS ANGELES
Transmittal 1
Summary: Staff requests approval of an Environmental Funding Agreement (Agreement) between Chevron Environmental Management Company (EMC) and the City of Los Angeles Harbor Department (Harbor Department). The Agreement is required at this time in order to facilitate the timely completion of a Soil Management Plan which guides soil cleanup and corrective actions to be undertaken at a contaminated site located at Berth 78 (Site) within the footprint of the San Pedro Public Market development. In an effort to avoid the potential for different contractors to be on the Site simultaneously and duplicating work, as part of the Agreement, the Harbor Department’s on-call contractors will perform soil remediation work at the Site with expenses of up to $904,641 to be paid by EMC. Expenses incurred under the Agreement will be the ultimate financial responsibility of EMC, with the Harbor Department’s financial responsibility limited to staff time.
Recommendation: Board resolve to (1) find that the Director if 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 Environmental Funding Agreement with Chevron Environmental Management Company; (3) authorize the Executive Director to execute and Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Environmental Management
4. RESOLUTION NO. __________ - FIRST AMENDMENT TO AGREEMENT NO. E6967 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PIERPASS, LLC TO PROVIDE TRUCKING GATE MOVE DATA
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the First Amendment to Agreement No. E6967 between PierPass, LLC (PierPass), located in Long Beach, California, and the City of Los Angeles Harbor Department (Harbor Department). This Amendment extends the term by one year and gives the Harbor Department the option to renew for an additional year. The data provided by PierPass is trucking gate move data collected from electronic gate management equipment at the seven major container terminals in order to support the Clean Truck Program (CTP) and the annual Port of Los Angeles (Port) emissions inventories. In accordance with the Shipping Act, this Amendment will be filed with the Federal Maritime Commission (FMC). Annual compensation, pending approval of the First Amendment, will remain unchanged at $48,000 and is the 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 the First Amendment to Agreement No. E6967 with PierPass, LLC to extend the term by one year with an option to renew for one more additional year with annual compensation remaining at the same rate of $48,000; (3) authorize the Executive Director to execute and Board Secretary to attest to said First Amendment for and on behalf of the Board of Harbor Commissioners; (4) delegate authority to the Executive Director to execute the extension of the agreement with PierPass, LLC for a second year option, if it is determined that it is in the best interest of the City of Los Angeles Harbor Department; and (5) adopt Resolution No.____________.
Commission Office
5. RESOLUTION NO.____________ - APPOINTING COMMISSIONER MORENO-LINARES AS MEMBER AND COMMISSIONER PIROZZI, JR. AS ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE INTERMODAL CONTAINER TRANSFER FACILITY JOINT POWERS AUTHORITY
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Commission Office
6. RESOLUTION NO.____________ - APPOINTING COMMISSIONER ANTHONY PIROZZI, JR. AS THE ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Port Pilots
7. RESOLUTION NO. __________ - CHANGE NO. 1 TO PURCHASE ORDER NO. 39866 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND VIGOR KVICHAK LLC FOR THE DESIGN, CONSTRUCTION AND DELIVERY OF TWO NEW PILOT BOATS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Change No. 1 to Purchase Order (P.O.) No. 39866 between the City of Los Angeles Harbor Department (Harbor Department) and Vigor Kvichak LLC (Vigor Kvichak), Seattle, Washington to design, construct and deliver, to the Harbor Department, two new pilot boats to be used for safely transporting Port Pilots to and from vessels calling at the Port of Los Angeles. The proposed Purchase Order Change will increase the not-to-exceed amount of P.O. No. 39866 by $380,882.41, from $6,348,040.22 to $6,728,922.63, to cover the costs associated with changing the scope of the Harbor Department’s technical specifications, and to add contingency funds in the event that there are any other future unforeseen changes during the eighteen-month term of the contract. Payment of the costs associated with P.O. No. 39866 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 activity 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 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 Change No. 1 to Purchase Order No. 39866 between the Harbor Department and Vigor Kvichak LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the said Change No. 1 to Purchase Order No. 39866 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Regular Items (8 – 10)
Engineering
8. RESOLUTION NO. __________ - BOATING INFRASTRUCTURE GRANT (BIG) AGREEMENT #C8962433 BETWEEN CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS FOR THE SAN PEDRO WATERFRONT BERTHS 80 TO 83 WATERSIDE IMPROVEMENTS PROJECT ALSO KNOWN AS THE SAN PEDRO PUBLIC MARKET COURTESY DOCK
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the Boating Infrastructure Grant with the State of California Department of Parks and Recreation, Division of Boating and Waterways (State) for the San Pedro Waterfront Berths 80 to 83 Waterside Improvements project (Project). On August 5, 2016, the City of Los Angeles (Harbor Department) Engineering Division applied for a Boating Infrastructure Grant (BIG) Tier II through the State. The Harbor Department received notice the application was accepted and eligible for $1,349,623 in funding. The Harbor Department must enter into an agreement with the State to receive the grant funds. The Project consists of constructing new floats, gangways, piles, as well as utilities at Berths 80 through 83 and is a component of the San Pedro Waterfront Ports O’Call Promenade and Town Square development for a total cost of $4,218,660. The grant of $1,349,623 may only be used for construction costs which are currently estimated to total $3,138,660.
If the proposed BIG Agreement is approved, the Harbor Department would be financially responsible for aggregate Project costs of $2,869,037, comprised of matching construction costs of $1,789,037 and preconstruction costs of $1,080,000.
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 Boating Infrastructure Grant Agreement with the State of California Department of Parks and Recreation, Division of Boating and Waterways; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; (4) authorize the Executive Director to execute future Agreement Amendments to account for revised project schedules, and/or reduced project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; (5) authorize the Executive Director to execute future project specific Program Supplemental Agreements, subject to approval of the City Attorney as to form and legality; and (6) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
9. RESOLUTION NO. _____________ - APPROVAL OF ANNUAL BUDGET COVERING FISCAL YEAR 2020 FOR WESTREC MARINA MANAGEMENT, INC. UNDER AGREEMENT NO. 13-3125
Transmittal 1
Summary: Staff requests approval of the annual budget for Fiscal Year 2020 for operations of Cabrillo Way Marina by Westrec Marina Management, Inc. under Agreement No. 13-3125. Westrec’s proposed FY 2020 budget continues on an upward trend in revenues with FY 2020 proposed total revenues of $6,496,578 representing a projected 11.8 percent increase relative to FY 2019 approved total revenues of $5,811,951. The expected income increase results from wet slip occupancy increasing to 577 from 500 anticipated within the FY 2019 approved budget. FY 2020 proposed total expenses of $3,613,270 represent a 17.4 percent increase from FY 2019 approved total expenses of $3,078,868 due to higher lighting, staffing and janitorial expenses that resulted from the transfer of responsibilities from the Harbor Department to Westrec in Fiscal Year 2018. Although FY 2020 proposed net income of $2,883,308 is expected to represent an increase of $150,225 from FY 2019 approved net income of $2,733,083, FY 2020 proposed net income as a percentage of revenues (net income percentage) is expected to decline from the FY 2019 approved figure of 47.0 percent to the FY 2020 proposed net income percentage of 44.4 percent due to expenses increasing at a higher rate than revenues. Expense increases in lighting/electrical, landscaping, general maintenance, irrigation and dock repairs were all increased under the First Amendment to the Agreement (March 2017) when all Construction and Maintenance Division responsibilities were shifted to Westrec. The projected expenses to revenue ratio for 2020 remains slightly below industry standards, which is typically 56 percent of revenues received with a net income ratio of 44 percent, excluding rent payments to municipal landlords.
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) approve the Westrec Marina Management, Inc. annual budget for Fiscal Year 2020 under Agreement No. 13-3125; and (3) adopt Resolution No.__________.
Engineering
10. RESOLUTION NO. __________ - APPROVAL OF CONTRACT WITH UNISOURCE SOLUTIONS FOR THE PURCHASE OF NEW HAWORTH, INC. MODULAR OFFICE FURNITURE SYSTEMS FOR THE HARBOR ADMINISTRATION BUILDING (4TH AND 5TH FLOORS)
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of an Annual Contract (Bid No. F-1042), Contract No. 39884 with Unisource Solutions for the purchase of 275 new Haworth, Inc. modular office furniture systems for the 4th and 5th floors at the Harbor Administration Building (HAB) in the amount of $3,631,929.94. The proposed Annual Contract will enable the Harbor Department (Department) to consolidate current workspaces in the HAB, create 38 new workstations, and facilitate the relocation of staff currently working at the Topaz Building (Topaz).
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, the services proposed to be contracted could be more feasibly performed by an outside contractor than by City employees; (3) approve Annual Contract (Bid F-1042), Contract No. 39884 with Unisource Solutions for the purchase of 262 new Haworth, Inc. office furniture systems in the amount of $3,631,929.94 to replace the 4th and 5th floor workspaces of the Harbor Administrative Building; (4) authorize the Executive Director to execute and Board Secretary to attest to the said systems furniture purchase order for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.___________.
K. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. L.A. Terminals, Inc., et al., Los Angeles Superior Court Case No. NC061591
L.A. Terminals, Inc. v. City of Los Angeles, et al., United States District Court Case No. 2:18-cv-06754-CAS
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Cheryl Morris v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC552974
3. 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: (two cases)
4. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:
(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 permit with Toll Global Forwarding:
Property: 2401 Pacific Coast Highway, Wilmington
City Negotiator: Michael DiBernardo
Tenant Negotiator: Mike Diviriglio
Negotiating Parties: City and Toll Global Forwarding
Under Negotiation: Price and Terms
L. Adjournment