Harbor Commission

 

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
           

 
 
H.        Presentation
 

 
 
I.          Level I Coastal Development Permit
           
            None
 
J.         Board Reports of the Executive Director
 
Consent Items (1 – 5)

1.         RESOLUTION NO. ______________ - AWARD OF CONTRACT NO. 39923 TO 72 HOUR LLC FOR PURCHASE OF LIGHT/MEDIUM DUTY TRUCKS AND PASSENGER CARS
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval of a one-year contract with two one-year renewal options, Contract No. 39923 with 72 Hour LLC dba National Auto Fleet Group (72 Hour) of Watsonville, California for the purchase and delivery of light/medium duty trucks and passenger cars as identified in the Harbor Department capital equipment budget approved as a part of the department’s annual budget process. The amount of this agreement shall not exceed $3,500,000 annually, or a total of $10,500,000 for the duration of the three-year agreement if all options are exercised.  The Harbor Department will be financially responsible for costs 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 exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into an agreement with 72 Hour LLC utilizing a current agreement for such services with Sourcewell through their Contract No. 120716-NAF, a cooperative purchase agreement; (3) approve Contract No. 39923 with 72 Hour LLC in the amount of $3,500,000 for a period of one year, with two one-year renewal options in the same amount annually to be exercised by the Executive Director or his/her designee; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39923 for and on behalf of the Board; and (5) adopt Resolution No.____________.

 
 

2.         RESOLUTION NO. ______________ - INCREASE CONTRACT AUTHORITY AMOUNT FOR ANNUAL PURCHASE ORDER NO. 31972-20 WITH PRECISION AERIAL SERVICES
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval of Change No. 3 which would increase the expenditure authority for Purchase Order No. 31972-20 with Precision Aerial Services (Precision) of Ladera Ranch, California. The proposed Change No. 3 would increase the existing authority by $50,000 from the current, $140,000 to $190,000 for the current contract period. The existing annual contract will expire on November 4, 2020 and the requested increase is necessary to complete repairs on the crane used for pile driving activity on the derrick barge. The Harbor Department will be financially responsible for costs incurred under this contract.
 
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(2) of the Los Angeles City CEQA Guidelines; (2) approve Change No. 3 to Purchase Order No. 31972-20 with Precision to increase the annual expenditure authority from $140,000 to $190,000 for the current contract period; (3) authorize the Executive Director to execute and Board Secretary to attest to said purchase order change; and (4) adopt Resolution No.____________.

3.         RESOLUTION NO. ______________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND KIEFER CONSULTING, INC. FOR THE SHAREPOINT ONLINE PROJECT
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval to enter into an Agreement with Kiefer Consulting, Inc. (Kiefer) for the SharePoint Online Project.  This project will migrate the City of Los Angeles Harbor Department’s (Harbor Department) existing, on-site SharePoint system to SharePoint Online.  Migrating to SharePoint Online will provide Harbor Department employees with improved SharePoint usability for secure internal and external collaboration, as well as provide technical staff with Microsoft Office 365 back-end capabilities for site creation, content migration and workflow development.  The term of the proposed Agreement is three years and the total not-to-exceed amount is $300,000. The recommendation to select Kiefer is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department.  Kiefer is a certified Small Business Enterprise (SBE) and is located in Folsom, California. Expenditures incurred under the proposed Agreement are the financial responsibility of the Harbor Department.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) approve the Agreement with Kiefer Consulting, Inc. for a not-to-exceed compensation amount of $300,000 and a term of three years; (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.____________.

4.         RESOLUTION NO. ______________ - APPROVE TEMPORARY ENTRY AND USE PERMIT NO. 1776 WITH TGC III HARBORSIDE, LLC
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval of Temporary Entry and Use Permit (TEUP) No. 1776 with TGC III Harborside, LLC (TGC), for office space and laydown area located at 300 Ferry Street and Berth 155. In 2015, the Board of Harbor Commissioners  approved Operating Agreement No. 15-3354 (OA 15-3354) with Hecate Energy Harborside LLC, later acquired by TGC, to install and manage various photovoltaic (solar panel) systems on City of Los Angeles Harbor Department (Harbor Department) properties. TGC is in the final phases of installation and needs the office and laydown space to facilitate its completion, which is expected to be in the next 6 to 12 months. No rent will be charge for this TEUP, consistent with the terms of OA 15-3354.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 1 of the Los Angeles City CEQA Guidelines; (2) approve Temporary Entry and Use Permit No. 1776 between the City of Los Angeles Harbor Department and TGC III Harborside, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to  Temporary Entry and Use Permit No. 1776; and (4) adopt Resolution No.____________.

5.         RESOLUTION NO. ______________ - APPROVE TEMPORARY ENTRY AND USE PERMIT NO. 1777 WITH NATIONAL DEMOLITION CONTRACTORS, INC.
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval of Temporary Entry and Use Permit (TEUP) No. 1777 with National Demolition Contractors, Inc. (National), for a laydown area located at 198 E. Cannery Street, Terminal Island. On June 7, 2018, the Board of Harbor Commissioners approved Contract No. 2309 with National for On-Call Remediation for approved City of Los Angeles Harbor Department (Harbor Department) projects. National requires a laydown area for the storage of construction equipment and materials in order to complete these contracted projects.  The projects include the Avalon Triangle environmental soil remediation project, that is a prerequisite to the commencement of the Wilmington Waterfront Project, and also subsequent projects of an on-call nature.  No rent will be charged for this TEUP, consistent with the terms of Contract No. 2309. 
 
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 4(6) of the Los Angeles City CEQA Guidelines; (2) approve Temporary Entry and Use Permit No. 1777 between the City of Los Angeles Harbor Department and National Demolition Contractors, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Temporary Entry and Use Permit No. 1777; and (4) adopt Resolution No.____________.

6.         RESOLUTION NO. ______________ - TERMINATION OF TEMPORARY DISCOUNT ON EMPTY CONTAINERS
 

Summary: Staff requests approval of a resolution which would terminate the temporary discount on empty containers, effective January 1, 2021, which details that TEU charges applicable to inbound or outbound empty containers are discounted when empties exceed 20 percent of the total volume. This empty container discount is currently included in six container terminal permits: 1) China Shipping (North America) Holding Co., Ltd. (Permit 999); 2) Yang Ming Marine Transport Corporation (Permit 787); 3) Yusen Terminals, LLC (Permit 692); 4) Everport Terminal Services, Inc. (Permit 888); 5) TraPac, Inc. (Permit 881); and 6) APM Terminals Pacific, LLC (Permit 827), (collectively, “Permits”). To effect the termination of the discount, the Board of Harbor Commissioners must adopt a resolution so that it is no longer available under the aforementioned Permits going forward. Termination of the temporary discount on empty containers would result in an average annual savings of approximately $6.8 million to the City of Los Angeles Harbor Department (Harbor Department).
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily and generally exempt from the California Environmental Quality Act under Section 15273 of the State CEQA Guidelines and Article II Section 1 of the Los Angeles City CEQA Guidelines; (2) terminate the Temporary Discount on Empties, previously adopted under Resolution 09-6861, from the following permits: Yang Ming Marine Transport Corporation (Permit 787); Yusen Terminals, LLC. (Permit 692); Everport Terminal Services, Inc. (Permit 888); APM Terminals Pacific, LLC. (Permit 827); terminate the Discount on Empties previously approved for China Shipping (North America) Holding Co., Ltd. under Permit 999 and modified under Resolution 09-6861; terminate the Discount on Empties previously adopted under Resolution 10-6930 from Permit 881 with TraPac, Inc.; and (3) adopt Resolution No.____________.

 Cargo & Industrial Real Estate

7.         RESOLUTION NO. ______________ - APPROVE REVOCABLE PERMIT NO. 20-13 WITH SO. CAL. SHIP SERVICES, A CALIFORNIA CORPORATION
 
Transmittal 1
Transmittal 2
 

Summary: Staff requests approval of Revocable Permit (RP) No. 20-13 with So. Cal. Ship Services (SCSS) for a month-to-month term not to exceed 24 months for 16,737 square feet of unpaved yard and 83,325 square feet of water area adjacent to South Seaside Avenue, Terminal Island.  SCSS provides water taxi and land-based logistical support for offshore oil platforms.  RP No. 20-13 will yield $122,660.55 in revenue to the City of Los Angeles Harbor Department (Harbor Department) in the first year, with scheduled rent step increases incorporated throughout the 24-month term.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve Revocable Permit No. 20-13 with So. Cal. Ship Services; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 20-13 upon approval by the Board; and (4) adopt Resolution No.____________.

8.         RESOLUTION NO. ______________ - APPROVE SECOND AMENDMENT TO THE AMENDED AND RESTATED LEASE NO. 904A WITH ALTASEA AT THE PORT OF LOS ANGELES
 
Transmittal 1
 

Summary: Staff requests approval of the Second Amendment to the Amended and Restated Lease No. 904A (Lease) with AltaSea at the Port of Los Angeles (AltaSea).  The premises, located at City Dock No. 1 and consisting of 32.73 acres, is for water-dependent, academic, and governmental uses, and a non-profit and for-profit marine research facility. The proposed Second Amendment will include required revisions to various development milestones including parcel acceptance and construction completion milestones for various parcels, amend and update various scopes of work and scheduling, as well as reflect changes in AltaSea’s monetary commitments.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 1 and Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Second Amendment to Amended and Restated Lease No. 904A with AltaSea at the Port of Los Angeles; (3) direct the Board Secretary to transmit the Second Amendment to Amended and Restated Lease No. 904A to the 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 the Second Amendment to Amended and Restated Lease No. 904A upon approval by City Council; and (5) adopt Resolution No.____________.
 

 
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
 

Summary: Staff requests authorization to terminate both the US Department of Commerce Economic Development Administration (EDA) Grant, in which the City of Los Angeles Harbor Department (Harbor Department) is a co-applicant with AltaSea, and the Memorandum of Understanding Agreement (MOU) No. 16-3442 between the City of Los Angeles Harbor Department (Harbor Department) and AltaSea at the Port of Los Angeles (AltaSea) for the aforementioned grant funding from the EDA. MOU/Agreement No. 16-3442 established the relationship between the Harbor Department and AltaSea as co-applicants for the grant funding.
 
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 termination of the US Department of Commerce Economic Development Administration Grant and the Memorandum of Understanding Agreement No. 16-3442; (3) direct the Board Secretary to transmit a request for approval to terminate the US Department of Commerce Economic Development Administration Grant and transmit the termination letter to AltaSea for the Memorandum of Understanding Agreement No. 16-3442 to the City Council for approval pursuant to Section 373 of the City Charter and Section 10.5(a) of the Los Angeles Administrative Code; (4) authorize the Executive Director to  execute the Agreement to Terminate Financial Assistance for Convenience substantially in the form attached as Transmittal 1 including terms described in the US Department of Commerce Economic Development Administration Checklist for Initial Disbursement attached as Transmittal 2 and sign the termination letter to AltaSea to terminate the Memorandum of Understanding Agreement No. 16-3442 upon approval by City Council; and (5) adopt Resolution No.____________.

            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
 
                         Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., United States District Court Case No. 2:20-cv-03251
 
 
            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 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. 20STCP02978
 
 
            5.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
                        (Subdivision (d)(1) of Government Code Section 54956.9
 
                        South Coast Air Quality Management District v. City of Los Angeles, et al.
                        Los Angeles Superior Court Case No. 20STCP02985
 

            6.         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
 
 
            7.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
                        (Government Code Section 54956.8)
 
                        Provide instructions to its real estate negotiators with respect to a proposed permit with Orcem Americas, Inc.:
 
                        Property:                                Berths 191-194, Wilmington
 
                        City Negotiator:                     Michael Galvin
 
                        Tenant Negotiator:               Stephen M. Bryan
 
                        Negotiating Parties:             City and Orcem Americas, Inc.
 
                        Under Negotiation:               Price and Terms

 
            8.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
                        (Government Code Section 54956.8)
 
                        Provide instructions to its real estate negotiators with respect to a proposed permit with J. Trani’s Restaurant:
 
                        Property:                                311 E. 22^nd Street, San Pedro
 
                        City Negotiator:                     Michael Galvin
 
                        Tenant Negotiator:               Jim Trani
 
                        Negotiating Parties:             City and J. Trani’s Restaurant
 
                        Under Negotiation:               Price and Terms
 
            9.         CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
                        (Subdivision (d)(2) of Government Code Section 54956.9)
 
                        Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: (one case)
 
 
 
L.         Adjournment