Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, SEPTEMBER 5, 2019 AT 9:00 A.M.
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
Regular Meeting of August 22, 2019
H. Presentation
Final Supplemental Environmental Impact Report for Berths 97-109 (China Shipping) Container Terminal Project – Gene Seroka
I. Level I Coastal Development Permit
Transmittal 1
Transmittal 2
The Executive Director has approved one Level I CDP:
CDP No. 19-09 Shell Oil Products U.S. (Shell) – Install Injection Wells, Groundwater Monitoring Wells, Soil Gas Probes, and a Biosparge System at Berths 167-169
J. Board Reports of the Executive Director
Consent Items (1 - 4)
Office of the City Attorney
Summary: The Office of the City Attorney (Office) requests approval of two Legal Services Agreements (Agreements) between the City of Los Angeles Harbor Department (Harbor Department) and the law firm of AlvaradoSmith PC (AlvaradoSmith) as well as the law firm of Bergman Dacey Goldsmith PLC (Bergman Dacey Goldsmith) for legal services for real estate matters, litigation support, eminent domain and inverse condemnation. The Agreements are for a term of three years with each Agreement having a compensation authority of $200,000. The Harbor Department is financially responsible for payment for legal services rendered under the proposed 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 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 Legal Services Agreement with AlvaradoSmith in the amount of $200,000 for a three-year term and approve a Legal Services Agreement with Bergman Dacey Goldsmith in the amount of $200,000 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.____________.
Office of the City Attorney
2. RESOLUTION NO._____________ - INCREASE IN ANNUAL REIMBURSEMENT FOR ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY CO-GENERAL COUNSEL
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: The Office of the City Attorney (Office) requests approval of the Second Amendment (Second Amendment) to the Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Alameda Corridor Transportation Authority (ACTA) for reimbursement of Co-General Counsel legal services provided to ACTA. The proposed Second Amendment will increase the annual reimbursement amount from the current level of $125,000 per year to $150,000 per year. ACTA will be financially responsible for reimbursing the Harbor Department for legal services rendered by the Office.
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 Second Amendment to the Memorandum of Agreement between the City of Los Angeles Harbor Department and the Alameda Corridor Transportation Authority increasing ACTA’s reimbursement for Co-General Counsel legal services to the Harbor Department from $125,000 to $150,000 per year; (3) authorize the Executive Director and Board Secretary to execute and attest the Second Amendment; and (4) adopt Resolution No.____________.
Office of the City Attorney
Summary: The Office of the City Attorney ("Office") requests approval of a conflict waiver for the law firm of Beveridge & Diamond ("B&D") to represent a party in a transaction with the Harbor Department. B&D has requested a conflict waiver so that the law firm may represent NuStar Energy ("NuStar") in its proposal to repair and make improvements to its leased wharf at the Port of Los Angeles, and that it may continue to represent the City of Los Angeles in connection with issues related to biosolids and related litigation. This decision has no 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) formally waive any potential conflict that might arise from Beveridge & Diamond’s representation of NuStar in its proposal to repair and make improvements to its leased wharf at the Port of Los Angeles and that it may continue to represent the City of Los Angeles in connection with issues related to biosolids and related litigation; (3) authorize the Office of the City Attorney to execute a written conflict waiver; (4) adopt Resolution No._____________; and (5) authorize and direct the Board Secretary to transmit the conflict waiver to the City Council for its approval.
Construction & Maintenance
Summary: Staff requests approval of Contract No. 39877 with Cleveland Track Material, Inc. of Cleveland, OH for the procurement of four (4) rail track joints in the bridge structure of the Badger Avenue railroad drawbridge. The cost of the four pieces of equipment is $292,146, including sales tax. Although the existing joints were replaced in 2018, there is a need to have spare joints readily available in order to maintain the operational integrity of the Badger Avenue Bridge, a vital rail transportation link serving Terminal Island. Due to the long lead time involved in obtaining the joints, i.e. one year, this acquisition will be included in the upcoming Fiscal Year 2020-21 capital improvement program budget. This contract is 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 Contract No. 39877 with Cleveland Track Material, Inc. for the purchase of four (4) rail track joints for the Badger Avenue Bridge in the amount of $292,146 and authorize said expenditures; (3) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39877 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Items (5 – 7)
Construction
5. RESOLUTION NO._____________ - AWARD AND APPROVAL OF CONTRACT CONSULTANTS: ARCADIS, BERG & ASSOCIATES, DHS CONSULTING, AN ANSER ADVISORY COMPANY, HARRIS & ASSOCIATES, AND INTEGRATED ENGINEERING MANAGEMENT ON-CALL CONSTRUCTION MANAGEMENT SERVICES
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests approval to execute the five subject agreements to provide on-call construction management services for various construction projects throughout the Port of Los Angeles (Port). Services will include, but are not limited to, construction management, cost estimating, constructability reviews, scheduling and other related construction management services. The consultants will augment Construction Division staff during peaks in the Construction Division's workload, and/or when specialized expertise is required. The number, sizes, and types of projects assigned to the selected consultants will be determined based on the needs of the Construction Division. Five consultants are recommended to provide these services. Arcadis is located in Los Angeles; Berg & Associates is a small business located in San Pedro; DHS Consulting, an Anser Advisory Company (DHS) is located in Santa Ana; Harris & Associates is located in Los Angeles; and Integrated Engineering Management (IEM) is a small business located in San Pedro. Each of the five agreements are for $2,000,000, with a duration of five years. The total maximum appropriation applicable to the five agreements is $10,000,000.
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) award the five-year personal services Agreements to Arcadis, Berg & Associates, DHS, Harris & Associates and IEM, in the amount of $2,000,000 each; and authorize payment from the Construction Management Services account; (3) direct the Board Secretary to transmit the proposed Agreements 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 these Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests that the Board of Harbor Commissioners accept and approve Subrecipient Agreements with Kenworth Truck Company (Kenworth), the Port of Hueneme (POH), and National Renewable Energy Laboratory (NREL) to carry out the proposed California Air Resources Board (CARB) zero emissions "Shore to Store" project (Project). On February 21, 2019, CARB executed a grant award to the City of Los Angeles Harbor Department (Harbor Department) in the amount of $41,122,260 to administer a proposed Project. Through this proposed Project, the Harbor Department would partner with Kenworth, POH, NREL and Equilon Enterprises LLC d/b/a Shell Oil Products US, to develop and demonstrate on-road hydrogen fuel cell and off-road battery electric zero emissions vehicles, together with supporting fueling infrastructure. On March 7, 2019, the Board of Harbor Commissioners (Board) accepted CARB’s grant award and approved Grant Agreement No. 19-3969 for the proposed 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 Subrecipient Agreement between the City of Los Angeles Harbor Department and Kenworth Truck Company to perform its portion of the Shore to Store Demonstration Project; (3) approve the Subrecipient Agreement between the City of Los Angeles Harbor Department and the Port of Hueneme to perform its portion of the Shore to Store Demonstration Project; (4) approve the Funds-in Agreement between the City of Los Angeles Harbor Department and National Renewable Energy Laboratory to perform its portion of the Shore to Store Demonstration Project; (5) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Agreements with the California Air Resources Board for and on behalf of the Board; (5a) said Subrecipient Agreements with Kenworth Truck Company and with the Port of Hueneme; and (5b) the Funds-in Agreement with National Renewable Energy Laboratory for and on behalf of the Board; and (6) adopt Resolution No.____________
Environmental Management
7. RESOLUTION NO._____________ - TECHNOLOGY ADVANCEMENT PROGRAM GRANT AGREEMENT WITH EFFENCO DEVELOPMENT INC., AND COST SHARE AGREEMENT WITH THE PORT OF LONG BEACH FOR THE ZERO-EMISSION IDLING CARGO HANDLING EQUIPMENT DEMONSTRATION PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Grant Agreement with Effenco Development Inc. (Effenco) located in Montreal, Canada, to demonstrate zero-emission idling equipment on six yard tractors at APM Terminals (APMT). Staff also requests approval of a Cost Share Agreement with the Port of Long Beach (POLB) to split the proposed project cost. The total requested Technology Advancement Program (TAP) funding amount is $180,000. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for the $180,000 under this Board action of which $90,000 will be reimbursed through the cost share with POLB.
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 Grant Agreement with Effenco Development Inc. for the total not-to-exceed amount of $180,000; (3) approve the Cost Share Agreement with the Port of Long Beach for the reimbursement of $90,000 from the Port of Long Beach to the City of Los Angeles Harbor Department, as established by the Clean Air Action Plan Master Cost Sharing Agreement No. 2546; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Grant Agreement with Effenco Development Inc. for and on behalf of the Board; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Cost Share Agreement with the Port of Long Beach, for and on behalf of the Board; 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)
City of Los Angeles v. Tetra Design, Inc., et al.,
Los Angeles Superior Court Case No. NC061384
2. 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
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 – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (one case)
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)
L. Adjournment