Board Meeting

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
           
            Alameda Corridor Transportation Authority Governing Board Meeting of February 12, 2020
 
 
G.        Approval of the Minutes
           
            Regular Meeting of February 6, 2020
 
 
H.        Presentation
             
 
 
I.          Level I Coastal Development Permit
           
 
 
 
J.         Special Order of the Day - Level II Appealable Coastal Development Permit
 

 
1(a)     ISSUANCE OF A NON-APPEALABLE LEVEL II COASTAL DEVELOPMENT PERMIT (NO. 20-03) TO THE PORT OF LOS ANGELES FOR THE PIER 400 RAIL YARD IMPROVEMENT 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.

 
 

 
1(b)     RESOLUTION NO. ____________ - ISSUANCE OF A NON-APPEALABLE LEVEL II COASTAL DEVELOPMENT PERMIT (NO. 20-03) TO THE PORT OF LOS ANGELES FOR THE PIER 400 RAIL YARD IMPROVEMENT PROJECT
 
Transmittal 1
Transmittal 2
Transmittal 3

 
Summary: Staff requests approval to issue a Level II non-appealable Coastal Development Permit (CDP) No. 20-03 to the City of Los Angeles Harbor Department (Harbor Department) for the proposed Pier 400 Rail Yard Improvement Project (proposed project). The proposed project outlined in Application for Port Permit (APP) No. 171106-154 primarily entails construction of 40,000 feet of mainline track and crossovers in the Port of Los Angeles (Port), which will expand the storage tracks from 6 to 11 serving APM Terminals Pacific LLC  (APM) on-dock railyards. The proposed project will increase capacity and use of the Pier 400 on-dock railyard by up to 525,000 Twenty-Foot Equivalent units (TEUs) annually, which represents about a 10 percent overall increase in on-dock rail capacity for the Port of Los Angeles. On May 16, 2018, the California Transportation Commission (CTC) awarded two grants to the Port as part of the Trade Corridor Enhancement Program (TCEP) funding program. One of the two grants applies $21,645,000 of partial funding to the proposed project with an estimated total project cost of $49,825,000. The Harbor Department is financially responsible for $28,180,000 of the estimated total proposed project cost.
 
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 20-03, a non-appealable Level II 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) in accordance with 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 (PMP); (4) upon closure of the public hearing, resolve to approve the issuance of CDP No. 20-03, consistent with the project description listed on APP No. 171106-154, 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; and (5) adopt Resolution No._____________.
 

 
K.        Board Reports of the Executive Director
 
Consent Items (2 – 4)
 

 
2.         RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BATES GROUP LLC
 
Transmittal 1
Transmittal 2
 
Summary: The Office of the City Attorney (Office) requests approval of a professional services agreement between the City Los Angeles Harbor Department (Harbor Department) and Bates Group LLC (Bates Group), for forensic accounting and litigation support regarding employment matters and Fair Labor Standards Act (FLSA) issues.  The proposed Agreement is for a term of three years with compensation authority of $300,000. This is the only accounting firm on retainer for employment matters. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Professional Services Agreement with Bates Group LLC in the amount of $300,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution No.__________.

 
 
 
 

 
3.         RESOLUTION NO. ____________ - FIRST AMENDMENT TO NOSSAMAN LLP LEGAL SERVICES AGREEMENT NO. 19-3668
 
Transmittal 1
Transmittal 2
 
Summary: The Office of the City Attorney (Office) requests approval of the First Amendment to Agreement No. 19-3668 (First Amendment) between the City Los Angeles Harbor Department (Harbor Department) and Nossaman LLP (Nossaman) for legal advice and litigation support which includes, but is not limited to, a petition for a writ of mandate, identified as Superior Court Case No. 19STCP02431 entitled Harbor Performance Enhancement Center (HPEC), LLC v. City of Los Angeles Harbor Department, and an administrative claim recently filed with the City Clerk, arising out of the same facts, that is likely to result in a separate lawsuit for damages. The First Amendment increases compensation by $1,573,650 for a maximum total compensation not to exceed $1,773,650, with no change in term, which ends on July 19, 2022. The Harbor Department is financially responsible for payment for legal services rendered under Agreement No. 19-3668.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the First Amendment to Legal Services Agreement No. 19-3668 with Nossaman LLP, to increase the compensation by $1,573,650 for a maximum total compensation not to exceed $1,773,650; (4) authorize the Executive Director and Board Secretary to execute and attest to the First Amendment; and (5) adopt Resolution No.____________.

 
 

 
4.         RESOLUTION NO. ____________ - APPROVAL FOR THE PURCHASE OF NEW CARPET TILE FOR THE HARBOR ADMINISTRATION BUILDING ON THE 4TH FLOOR
 
Transmittal 1
Transmittal 2
 
Summary: Staff requests approval of Contract No. 39905 with G&S Carpet Mills, Inc. for the purchase of new carpet tiles for the 4th floor at the Harbor Administration Building (HAB). The proposed contract will enable the Los Angeles Harbor Department (Harbor Department) to remove and replace 3,500 square yards of carpet to prepare for the installation of 171 new workstations on the 4th floor and facilitate the relocation of staff currently working at the Topaz Building (Topaz) to the HAB. Staff determined G&S Carpet Mills is the lowest responsive and responsible bidder through a public, competitively bid process. The Department received four bids and staff found all bids were responsive. The total cost of the 4th floor carpet contract is $222,275.11 ($63.51 per square yard or $7.06 per square feet). The Harbor Department will be financially responsible for payment of $222,275.11 in expenses incurred under the proposed contract.
 
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 1(1) 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 the purchase of 3,500 square yards of carpet in the amount of $222,275.11 to replace the 4th floor carpet of the Harbor Administrative Building (HAB); (4) authorize the Executive Director to execute and Board Secretary to attest to the said 4th floor carpet contract for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.____________.

 
Regular Item (5 – 7)

 
5.         RESOLUTION NO. ____________ - APPROVE PERMIT NO. 949 WITH SPACE EXPLORATION TECHNOLOGIES CORP. TO CONSTRUCT AND OPERATE A RESEARCH, DESIGN, AND MANUFACTURING FACILITY
 
Transmittal 1
Transmittal 2
Transmittal 3
 
Summary: Staff requests approval of new term Permit No. 949 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and Space Exploration Technologies Corp. (SpaceX), for the purpose of constructing and operating a research, design, and manufacturing facility for aerospace components for spacecraft at the former Southwest Marine site at Terminal Island.    Recovery operations may also be conducted at the site. At the site, SpaceX would develop new port-based spacecraft production facilities. The development includes an adaptive reuse of dilapidated facilities with a history of vacancy and vandalism for nearly 15 years. Other benefits of the permit include siting a prominent aerospace technology company in the City of Los Angeles that has the potential to create 130 aerospace jobs. The term of the proposed Permit is 10 years, with two 10-year extension options, exercisable by SpaceX. Following application of rental offsets for tenant improvements, staff anticipates the Permit would yield a net neutral revenue stream by year 18 of the proposed term.
 
Recommendation: Board resolve to (1) consider the Addendum to the certified 2018 Final Initial Study/Mitigated Negative Declaration along with the  2018 Initial Study/Mitigated Negative Declaration (State Clearinghouse No. 2017121023) adopted by the Board on March 15, 2018 (Resolution No. 18-8259); (2) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15164, the proposed permit and associated restoration of existing buildings will not result in any new significant environmental effects or any substantially more severe effects than previously analyzed in the certified 2018 Final Initial Study/Mitigated Negative Declaration; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk; (4) find that the proposed action is in the best interest of the City and Los Angeles Harbor Department despite the fact that the estimated rate of return on investment does not meet stated policy targets as enacted by the Board; (5) find that the proposed action is in the best interest of the City and Los Angeles Harbor Department despite the fact that the proposed permit was not a result of a public solicitation or request as this action has the potential to result in 130 aerospace jobs, and the site has not been occupied by a tenant since October 2005; (6) approve Permit No. 949 with Space Exploration Technologies Corp.; (7) direct the Board Secretary to transmit Permit No. 949 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (8) authorize the Executive Director to execute and the Board Secretary to attest to the Permit upon approval by City Council; and (9) adopt Resolution No.____________.
 
 

 
6.         RESOLUTION NO. _______________ - APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR   DEPARTMENT AND THE CITY OF LONG BEACH HARBOR DEPARTMENT
 
Transmittal 1

Summary: Staff requests approval of the proposed Memorandum of Understanding (MOU) between City of Los Angeles Harbor Department (Harbor Department) and City of Long Beach Harbor Department (POLB) to further advance joint development of programs and strategies to improve port infrastructure, cargo movement efficiencies and workforce development. The term of the MOU is effective upon execution by both parties and is in effect until terminated by either party so long as Federal Maritime Commission (FMC) Agreement No. 201219 is in effect. Each party will absorb its respective staff costs necessary to implement and meet the obligations of this MOU. 
 
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environment 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 Memorandum of Understanding between City of Los Angeles Harbor Department and the City of Long Beach Harbor Department; (3) authorize the Executive Director to execute and the Board Secretary to attest to Memorandum of Understanding dated _________________; and; (4) adopt Resolution No._____________.
 
 

 
7.         RESOLUTION NO. ____________ - APPROVAL OF PERSONAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TETRA TECH, INC., APEX COMPANIES, LLC, LEIGHTON     CONSULTING, INC., PACIFIC EDGE ENGINEERING, INC., WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC., PARSONS ENVIRONMENTAL & INFRASTRUCTURE GROUP, INC., ECO & ASSOCIATES, INC., AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCE CONSULTANTS, INC. FOR AS-NEEDED SITE ASSESSMENT AND RESTORATION SERVICES
 
Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 1e
Transmittal 1f
Transmittal 1g
Transmittal 1h
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
 
 
Summary: Staff requests approval of the proposed Agreements (Agreements) with Tetra Tech, Inc. (Tetra Tech); APEX Companies, LLC (APEX); Leighton Consulting, Inc. (Leighton); Pacific Edge Engineering, Inc. (Pacific Edge); Wood Environment & Infrastructure Solutions, Inc. (Wood); Parsons Environmental & Infrastructure Group, Inc. (Parsons); Anchor QEA, LLC (Anchor); Eco & Associates, Inc. (Eco); and, Ninyo & Moore Geotechnical & Environmental Science Consultants (Ninyo & Moore) to provide the City of Los Angeles Harbor Department (Harbor Department) with as-needed site assessment and environmental restoration services. This action will authorize eight proposed Agreements, each for a three-year term, with a combined not-to-exceed amount of $21,000,000. The Harbor Department is financially responsible for payment of services rendered under the proposed Agreements.
 
Recommendation: Board resolve to (1) find that the proposed action is 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 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 proposed Agreements for a term of three-years each, with a combined contract total of $21,000,000 as follows: a.Tetra Tech, Inc. (Pasadena, CA) for $4,500,000; b. APEX Companies, LLC (Signal Hill, CA) for $4,250,000; c. Leighton Consulting, Inc. (Irvine, CA) for $3,000,000; d. Pacific Edge Engineering, Inc. (Mission Viejo, CA) for $2,250,000; e. Wood Environment & Infrastructure Solutions, Inc. (Costa Mesa, CA) for $2,000,000; f. Parsons Environment & Infrastructure Group (Pasadena, CA) for $2,000,000; g. Eco & Associates, Inc. (Irvine, CA) for $1,500,000; h. Ninyo & Moore Geotechnical & Environmental Science Consultants (Los Angeles, CA) for $1,500,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (5) adopt Resolution No.___________.

 
L.        Closed Session
 
1.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
            Harbor Performance Enhancement Center, LLC v. City of Los Angeles,
            Los Angeles Superior Court Case No. 19STCP02431
 
2.         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
 
3.         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
 
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:(two cases)
 
5.         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)
 
 
M.        Adjournment