Commissioner Edward R. Renwick
 

ORDER OF BUSINESS

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)

City of Los Angeles v. Tetra Design, Inc., et al.,

Los Angeles Superior Court Case No. NC061384

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Wilmington Marine Service, Inc., Los Angeles Superior Court Case No. BC559959

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (d)(1) of Government Code Section 54956.9)

Natural Resources Defense Council, et al. v. City of Los Angeles, et al.

Los Angeles Superior Court Case No. BS070017

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping Holding Company, Ltd.:

Property: Berths 100-103, San Pedro

City Negotiator: Michael DiBernardo

Tenant Negotiator: Paul Nazzaro

Negotiating Parties: City and China Shipping Holding Company, Ltd.

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 Permit 905 with Fisherman’s Pride Processors dba Neptune Foods:

Property: 338 Cannery Street, San Pedro, CA 90731

888 S Ways Street, San Pedro, CA 90731　

City Negotiator: Michael DiBernardo

Tenant Negotiator: Howard Choi, President

Negotiating Parties: City and Fisherman’s Pride Processors, Inc. dba Neptune Foods

Under Negotiation: Price and Terms

6. 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)

7. 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)

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

　

H. Approval of the Minutes

Regular Meeting of September 19, 2019

I. Presentation　

1. Overview of Environmental Demonstration Projects – Chris Cannon, Environmental Management Division　

2. Wilmington Waterfront Update – Mike Galvin, Waterfront and Commercial Real Estate Division

　

J. Level I Coastal Development Permit

 

K. Board Reports of the Executive Director

 

Consent Items (1 – 6)

Human Resources

1. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 17-3466 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND WESTERN MEDICAL GROUP

Transmittal 1

Summary: Staff requests approval of the First Amendment to Agreement No. 17-3466 (Agreement) which assigns the Agreement from Western Medical Group to Occupational Health Centers of California ("OHCC"), following OHCC’s February 2019 acquisition of Western Medical Group. All other terms and conditions of the Agreement remain unchanged. Agreement No. 17-3466 is a three-year agreement, which the Board of Harbor Commissioners (Board) approved at its February 16, 2017 meeting, with a not-to-exceed amount of $165,000. The services consist primarily of pre-employment and annual medical evaluations. Additional services include providing first aid treatment and ensuring medical compliance with state and federal medical requirements for occupational licenses. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially responsible for payment of 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) approve the proposed First Amendment to assign Agreement No. 17-3466 to Occupational Health Centers of California; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No.17-3466; and (4) adopt Resolution No.____________.

 

Cargo & Industrial Real Estate

2. RESOLUTION NO. ____________ - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 353 WITH THE CITY OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES

Transmittal 1
Transmittal 2

Summary: Staff requests approval of an Order resetting compensation under Permit No. 353 (P353) with the City of Los Angeles Department of General Services (GSD) for the five-year period of January 1, 2020 through December 31, 2024. P353 grants GSD use of 15,001 square feet (s.f.) of land, 131,955 s.f. of subsurface land, and 20,800 s.f. of submerged land for a term of 50 years, expiring December 31, 2024, for the operation of a sewer pipeline with connection to the Terminal Island Water Reclamation Plant. The current annual rent for P353 is $264,172.00. Under the compensation reset Order effective January 1, 2020, GSD will begin paying $334,453.00 in annual rent, an increase of $70,281 annually. The rent was calculated using a land value of $45 per s.f., a discount of 50 percent applied to subsurface land, and a 10 percent rate of return policy on land. Annual Consumer Price Index (CPI-U) escalations will continue based on the terms of Permit No. 353.　

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 Order resetting compensation to Permit No. 353 with the City of Los Angeles Department of General Services; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 353; and (4) adopt Resolution No.____________ and Order No._____________.

 

Cargo & Industrial Real Estate

3. RESOLUTION NO.___________ - RESETTING COMPENSATION UNDER PERMIT NO. 513 WITH UNITED STATES OF AMERICA THROUGH NAVAL FACILITIES ENGINEERING COMMAND, SOUTHWEST

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests approval of an Order resetting compensation under Permit No. 513 (P513) with The United States of America, through Naval Facilities Engineering Command, Southwest (US Navy). P513 grants the US Navy use of 91,203 square feet (s.f.) of surface, submerged, and subsurface right-of-way (land) for a petroleum pipeline on City of Los Angeles Harbor Department (Harbor Department) property. The Permit is for a term of 50 years, effective November 26, 1984 through November 25, 2034. The Permit requires that compensation be reset every five years. The current annual rent is $89,405.40. Under the proposed compensation reset Order, effective November 26, 2019, US Navy will begin paying annual rent of $176,736.39 based upon a land value of $42.00 per square foot with a 10 percent rate of return, including 3 percent annual adjustments averaged over the period. The proposed rent represents an increase of approximately 97.68 percent over the previous compensation.

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 Order resetting compensation to Permit No. 513 (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 513; and (4) adopt Resolution No.____________ and Order No._____________.　

 

Cargo & Industrial Real Estate

4. RESOLUTION NO.___________ - APPROVE PERMIT NO. 933 WITH COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY

Transmittal 1
Transmittal 2

　

Summary: Staff requests approval of new Permit No. 933 (P933) with County Sanitation District No. 2 of Los Angeles County (County Sanitation) to replace Permit No. 120 (P120) and Order No. 3061 (O3061). County Sanitation currently operates a sewage force main system located across the Classification Yard northerly of Pacific Coast Highway under P120 and a sewer trunk line and pumping plant under O3061 that serves San Pedro and neighboring communities. P120 and O3061 are currently on holdover pending renewal.

The proposed replacement Permit is for a term of 30 years and grants County Sanitation the right to use City of Los Angeles Harbor Department (Harbor Department) property consisting of a total of 23,358 square feet (S.F.), comprising of 10,500 S.F. of surface land and 12,858 S.F. of subsurface land. Annual revenue under the proposed Permit will be $67,716 per year based on a land value of $40 per square foot, with a 10 percent rate of return on land and a 50 percent discount for subsurface rights. The proposed rent represents an annual increase of $53,209 or 367 percent relative to current rent of $14,506.80 per year paid under P120 and O3061. Rent will be adjusted annually by the Consumer Price Index (CPI-U), with a floor of zero and no maximum. County Sanitation will be financially responsible for the maintenance of the premises.　

Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically and statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III, Class 1 (14) of the Los Angeles City CEQA Guidelines and State CEQA Guidelines 14 Cal. Code Section 15261(a); (2) approve Permit No. 933 with County Sanitation District No. 2 of Los Angeles County (3) Direct the Board Secretary to transmit Permit No. 933 to City Council for approval pursuant to Section 606 of the City Charter; (4) Authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 933 upon approval by City Council; and (5) adopt Resolution No._______________.　

 

Environmental Management

5. RESOLUTION NO. ____________ - FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT NO. 16-3431 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TETRA TECH, INC. FOR CLEAN TRUCK PROGRAM ADMINISTRATION SERVICES

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the proposed First Amendment to Agreement No. 16-3431 with Tetra Tech, Inc. (Tetra Tech) of Pasadena, California. Tetra Tech currently provides concession, grant administration, and support services for the Clean Truck Program (CTP) at the Port of Los Angeles (Port). This action will amend Agreement No. 16-3431 as follows: extend the term by two additional years, modify the Scope of Work, update billing rates, and add $1,780,000 in total compensation. CTP expenditures are offset each year by CTP Concession Application Fees, Annual Truck Fees, and Day Pass Fees, which have averaged approximately $2,400,000 annually, in aggregate, over the past five years. The Harbor Department is financially responsible for payment of the expenses incurred under the proposed First Amendment.　

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. 16-3431 with Tetra Tech, Inc. for Clean Truck Program Administration Services; (3) direct the Board Secretary to transmit the First Amendment to the City Council for approval pursuant to City Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment for and on behalf of the Board; and (5) adopt Resolution No.____________.

 

Risk Management

6. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. E7008 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND OCEAN MARINE SURVEYORS FOR VESSEL CONDITION AND VALUATION SURVEY SERVICE

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the First Amendment to Agreement No. E7008 with Ocean Marine Surveyors (OMS) for as-needed vessel condition and valuation survey services. Agreement No. E7008 is for one-year term with a not-to-exceed compensation amount of $15,000 and will expire on November 26, 2019. The proposed First Amendment will extend the term by two additional years to November 26, 2021, and increase the not-to-exceed compensation amount to $45,000. The recommendation to enter into Agreement No. E7008 was based on a competitive Request for Qualifications (RFQ) process conducted by the City of Los Angeles Harbor Department (Harbor Department). The Harbor Department will continue to be financially responsible for payment of services rendered under the 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 First Amendment to Agreement No. E7008 with Ocean Marine Surveyors to extend the term by two additional years and increase the not-to-exceed compensation amount to $45,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.

Regular Items (7 - 9)

Environmental Management

7. RESOLUTION NO. ____________ - PERSONAL SERVICES AGREEMENTS AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ASPEN ENVIRONMENTAL GROUP; CASTLE ENVIRONMENTAL CONSULTING, LLC; ENVIRONMENTAL COMPLIANCE SOLUTIONS, INC.; ICF JONES & STOKES, INC.; LEIDOS, INC.; AND RAMBOLL ENVIRON US CORPORATION TO CONDUCT AS-NEEDED ENVIRONMENTAL DOCUMENTATION AND SPECIAL ENVIRONMENTAL SERVICES

Transmittal 1
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 1e
Transmittal 1f
Transmittal 2
Transmittal 3
Transmittal 4　

Summary: Staff requests approval of the proposed Agreements with Aspen Environmental Group, Castle Environmental Consulting, Environmental Compliance Solutions, ICF Jones & Stokes, Inc., Leidos, Inc., and Ramboll US Corporation to provide the City of Los Angeles Harbor Department (Harbor Department) with as-needed environmental documentation and special environmental services. This action will authorize six as-needed agreements, each for a three-year term, with a combined total not-to-exceed amount of $18,000,000. The Harbor Department is financially responsible for payment under the proposed Agreements.

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) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Agreement with Aspen Environmental Group, for a term of three years for the total not-to-exceed amount of $3,000,000; (4) approve the Agreement with Castle Environmental Consulting, for a term of three years for the total not-to-exceed amount of $200,000; (5) approve the Agreement with Environmental Compliance Solutions for a term of three years for the total not-to-exceed amount of $2,800,000; (6) approve the Agreement with ICF Jones & Stokes, Inc. for a term of three years for the total not-to-exceed amount of $4,500,000; (7) approve the Agreement with Leidos, Inc. for a term of three years for the total not-to-exceed amount of $3,000,000; (8) approve the Agreement with Ramboll US Corporation for a term of three years for the total not-to-exceed amount of $4,500,000; (9) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (10) adopt Resolution No.____________.　

Environmental Management

8. RESOLUTION NO. _____________ - APPROVAL OF PERSONAL SERVICES AGREEMENTS FOR AS-NEEDED EMERGENCY RESPONSE AND HAZARDOUS WASTE MANAGEMENT SERVICES WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., NRC ENVIRONMENTAL SERVICES INC., AND ANCON MARINE DBA ANCON SERVICES

Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 2
Transmittal 3
Transmittal 4

Summary: Staff requests approval of the proposed agreements (Agreements) with Ocean Blue Environmental Services, Inc. (Ocean Blue), NRC Environmental Services Inc. (NRC), and Ancon Marine DBA Ancon Services (Ancon) to provide as-needed emergency response and hazardous waste management services for the City of Los Angeles Harbor Department (Harbor Department) including support of Port Police, Construction and Maintenance (C&M), and Real Estate Divisions’ activities. This action will authorize three Agreements, each for a three-year term, with a combined total not-to-exceed amount of $6,000,000. The Harbor Department is financially responsible for payment under the Agreements.

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 City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants than by City of Los Angeles employees; (3) approve the Agreement with Ocean Blue Environmental Services, Inc. (Long Beach, CA) for a term of three years for the total not-to-exceed amount of $2,500,000; (4) approve the Agreement with NRC Environmental Services Inc. (Long Beach, CA) for a term of three years for the total not-to-exceed amount of $1,750,000; (5) approve the Agreement with Ancon Marine DBA Ancon Services (Signal Hill, CA) for a term of three years for the total not-to-exceed amount of $1,750,000; (6) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (7) adopt Resolution No._____________.　　　　

Cargo & Industrial Real Estate

9. RESOLUTION NO.___________ - APPROVE REVOCABLE PERMIT NO. 19-10 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TOLL GLOBAL FORWARDING SCS (USA), INC.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of Revocable Permit No. 19-10 (RP) with Toll Global Forwarding SCS (USA), Inc. (TOLL) for property located at 2401 E. Pacific Coast Highway in Wilmington. TOLL was the successful respondent to a February 2019 Request for Proposals (RFP). The 85.503-acre site is used for container transloading and truck staging operations and has historically handled a considerable portion of the containerized cargo throughput of both San Pedro Bay ports. The premises under the proposed RP lies within the footprint of the BNSF Railway Company (BNSF) Southern California International Gateway (SCIG) project. The site has been vacant since California Transload Services, LLC (CTS) vacated the premises on August 2, 2019. Annual rent under the proposed permit is expected to be $5,363,725, with annual adjustments based on the Consumer Price Index, All Urban Areas for Los Angeles-Long Beach-Anaheim (CPI). The RP is revocable upon 30 days’ written notice, with a maximum term of two years.

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 and State CEQA Guidelines 14 Cal. Code Regulations Section 15301; (2) find that the proposed action is in the best interest of the City of Los Angeles Harbor Department for an interim period permit due to the site’s use increases the efficiency of the Port of Los Angeles (Port) logistics chain, the monetary value of cargo that will be handled at the site and the approximately 300 jobs that will be created within the next six to eight months as TOLL is fully mobilized at the site; that the prolonged vacancy will result in vandalism, despite negotiated changes to the pre-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. 19-10 with Toll Global Forwarding SCS (USA), Inc.; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (5) adopt Resolution No._____________.
 

L. Adjournment