Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 6, 2020 AT 9:00 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
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
Audit Committee Meeting of January 23, 2020
G. Approval of the Minutes
1. Regular Meeting of January 9, 2020
2. Special Meeting of January 9, 2020
3. Regular Meeting of January 23, 2020
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 6)
Debt & Treasury Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests approval of personal services agreements with three municipal financial advisory firms for a three-year period. The Harbor Department utilizes municipal financial advisors to assist with structuring and facilitating bond transactions, conducting cost and benefit analysis for financial opportunities, developing financial policies and procedures, staying abreast of the latest developments in the municipal financial markets, implementing best practices and other duties as needed. Staff is recommending approval of three-year Agreements with Frasca & Associates, LLC, a small business enterprise (SBE) and a woman business enterprise (WBE) with offices in New York; KNN Public Finance, LLC, a SBE with offices in Oakland, Newport Beach, and Los Angeles, CA; and Montague DeRose & Associates, LLC, a local business enterprise (LBE) and SBE firm with offices in Westlake Village, Walnut Creek, and Sacramento, CA to provide financial advisory services. The three firms will be utilized on an as-needed basis through directives issued by the Harbor Department’s Chief Financial Officer and/or Director of Debt and Treasury. The aggregate not-to-exceed amount for a 36-month term for these three agreements is $324,000 including related expenses. These firms are being recommended as a result of a competitive request for proposal (RFP) process. The Harbor Department is financially responsible for the payment of expenses incurred 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 that in accordance with the Los Angeles City Charter Section 1022, the services required are temporary and of a professional, expert, and technical nature, which can be performed more feasibly by an independent contractor; (3) approve the Agreements at an aggregate not-to-exceed amount of $324,000, for a 36-month term, including related expenses, with Frasca & Associates, LLC; KNN Public Finance, LLC; and Montague DeRose and Associates, LLC to provide municipal financial advisory services on an as-needed basis; (4) authorize the Executive Director or designee to execute and the Board Secretary attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.
Construction & Maintenance
2. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39900 TO GEMINI FOREST PRODUCTS FOR THE PURCHASE OF TIMBER CAMEL LOGS
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of Contract No. 39900 with Gemini Forest Products of Los Alamitos, CA for the procurement of 52 Ammoniacal Copper Zinc Arsenate (ACZA) treated timber camel logs for the protection of newly installed fender piles at the S.P. Slip, Berth 73. The cost of the camel logs is $426,640.50, including sales and California lumber taxes. 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. 39900 with Gemini Forest Products for the purchase of 52 ACZA treated timber camel logs in the amount of $426,640.50 and authorize said expenditures; (3) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39900 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Pilots
3. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 15-3367 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE UNITED STATES DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL OCEAN SERVICE CENTER FOR OPERATIONAL OCEANOGRAPHIC PRODUCTS AND SERVICES FOR AIR GAP MEASUREMENT SYSTEM INSTALLATION, OPERATIONS AND MAINTENANCE
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a First Amendment to Agreement No. 15-3367 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the United States Department of Commerce National Oceanic and Atmospheric Administration (NOAA) National Ocean Service (NOS) Center for Operational Oceanographic Products and Services (CO-OPS), for the installation, operation and maintenance of an air gap measurement system on the Vincent Thomas Bridge. Agreement No. 15-3367 is for a five-year term that currently expires on December 31, 2020 for a total not-to-exceed amount of $135,459. The proposed First Amendment will revise Agreement No. 15-3367 to align the dates for the periods of operation and maintenance with the 2018 installation date of the air gap sensor (AGS) equipment, thereby extending the end date of the original Agreement, two and a half years, to July 31, 2023. The Amendment will also update the points of contact for both the current Harbor Department and NOAA staff and corresponding appendices. The proposed First Amendment will not change the $135,459 not-to-exceed amount. Expenses incurred under the Agreement will continue to be 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/Ratify the First Amendment to Agreement No. 15-3367 between the City of Los Angeles Harbor Department and the United States Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service Center for Operational Oceanographic Products and Services signed by the Executive Director on January 7, 2020; (4) authorize the Executive Director to execute and the Board Secretary to attest to the said First Amendment for and on behalf of the Board; and (5) adopt Resolution No.____________.
Cargo Marketing
4. RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 15-3306 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SCHENKER, INC. FTZ 202, SITE 41
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 15-3306 between the City of Los Angeles Harbor Department (Harbor Department) and Schenker, Inc. (Schenker) to continue operating its facility within FTZ 202, Site 41, located at 22941 South Wilmington Ave., Carson, California 90745. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Schenker’s current FTZ Operating Agreement No. 15-3306 will expire on March 31, 2020. The First Amendment will extend the Operating Agreement by five years. Schenker requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department needs to execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 41 consists of 150,000 square feet of warehouse and office space on 8.6 acres located approximately eight miles from the Port of Los Angeles. Schenker will operate its facility under FTZ procedures as a multi-usage site. The proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $7,750 annually from Schenker (per FTZ Tariff No. 2).
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 Foreign-Trade Zone Operating Agreement No. 15-3306 between the City of Los Angeles Harbor Department and Schenker, Inc.; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 15-3306 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 the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 15-3306; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
5. RESOLUTION NO. ____________ - CONTRACTOR ACCESS PERMIT NO. 948 WITH J.C. BALDWIN CONSTRUCTION COMPANY FOR THE SAN PEDRO DOWNTOWN HARBOR AT BERTH 85
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of Contractor Access Permit No. 948 (P948) to J.C. Baldwin Construction Company (Baldwin Construction) for the San Pedro Downtown Harbor (Downtown Harbor) at Berth 85 to reinforce the north and west bulkhead walls pursuant to Settlement Agreement No. 19-3713. The proposed permit is for a period of approximately eight (8) months and will be provided to the contractor, Baldwin Construction, at no cost.
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(14) of the Los Angeles City CEQA Guidelines; (2) approve Contract Access Permit No. 948 between the City of Los Angeles Harbor Department and J.C. Baldwin Construction Company; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contractor Access Permit No. 948; and (4) adopt Resolution No.___________.
Engineering
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt a Resolution approving and providing mutual agreement to the terms of amendments (Amendments) to the Alameda Corridor Transportation Authority’s (ACTA) Dispatching Agreement, and the ACTA Police and Security Services Agreement, both dated January 30, 2002 (Agreements). The Agreements expire on April 14, 2020, and the proposed Amendments would extend the term of these Agreements by one year through April 14, 2021. Staff does not anticipate any financial impact to the City of Los Angeles Harbor Department (Harbor Department) if the Amendments are approved.
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 and provide mutual agreement to the terms of the Amendment which consists of an extension to the term of the Alameda Corridor Transportation Authority’s (ACTA) Dispatching Agreement for up to an additional one year ending on April 14, 2021; (3) approve and provide mutual agreement to the terms of the Amendment which consists of an extension to the term of the ACTA Police and Security Services Agreement for up to an additional one year ending on April 14, 2021; (4) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (5) adopt Resolution No.____________.
Regular Items (7 - 9)
Environmental Management
7. RESOLUTION NO. ____________ - APPROVAL OF A SUBRECIPIENT AGREEMENT WITH WEST BASIN CONTAINER TERMINAL LLC AND WIRELESS ADVANCED VEHICLE ELECTRIFICATION, INC. TO IMPLEMENT AN ADVANCED INFRASTRUCTURE DEMONSTRATION PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests approval of a Subrecipient Grant Agreement for the Zero Emission Freight Vehicle Advanced Infrastructure Demonstration Project (Project) between the City of Los Angeles Harbor Department (Harbor Department), West Basin Container Terminal LLC (WBCT) and Wireless Advanced Vehicle Electrification, Inc. (WAVE). The Project, funded under Board-approved Grant Agreement No. 19-3666 with the California Energy Commission (CEC), will construct and demonstrate an advanced infrastructure system developed by WAVE to support the operations of 10 battery-electric yard tractors at WBCT. WAVE will be responsible for providing and installing a wireless charging system on these yard tractors and constructing 12 charging stations at WBCT. WBCT will be responsible for acquiring and operating 10 battery-electric yard tractors that will be funded under a separate grant. The Harbor Department is financially responsible for $392,500, comprised of $312,500 in match funding and $80,000 in staff time.
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 Grant Agreement between the City of Los Angeles Harbor Department, West Basin Container Terminal LLC, and Wireless Advanced Vehicle Electrification, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Grant Agreement for and on behalf of the Board; (4) approve the delegation of authority to the Executive Director to accept and execute Letters of Agreement for non-significant changes to the Subrecipient Grant Agreement, as defined by the California Energy Commission Grant Award Terms and Conditions and with approval as to form and legality by the Office of the City Attorney; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests approval of a Resolution accepting and providing mutual agreement to the Calendar Year (CY) 2020 Alameda Corridor Maintenance of Way (MOW) and Operations and Maintenance (O&M) budgets in the amount of $18,836,841. The source of funds for this budget will be from the two railroads operating on the Alameda Corridor and from the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There is no anticipated financial responsibility for the Harbor Department to fund the proposed action.
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 and provide Mutual Agreement for the CY 2020 Alameda Corridor Maintenance of Way (MOW) and Operations and Maintenance (O&M) budgets in the amount of $18,836,841; (3) approve and provide Mutual Agreement authorizing the Executive Director or designee with delegated authority to approve the allocation and use of contingency funds and to approve the transfer of amounts from one Maintenance of Way (MOW) Budget item to another as needed to accomplish work; (4) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (5) adopt Resolution No.____________.
Executive Office
9. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION 2020 OPERATING BUDGET
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Harbor Community Benefit Foundation’s (HCBF) proposed 2020 Operating Budget of $313,795 for the 2020 calendar year and transfer funding in the amount of $222,966 from the Port Community Mitigation Trust Fund (PCMTF). The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the PCMTF, subject to Board approval of budget, grants and PCMTF fund transfers in accordance with the TraPac Memorandum of Understanding (TraPac MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). On November 8, 2019, HCBF’s Board of Directors approved the proposed operating budget for the 2020 calendar year and is requesting Board approval and transfer of funds from the PCMTF. In accordance with the TraPac MOU and Operating Agreement, HCBF has provided the required financial reports and program documentation in support of its budget request. Upon approval by the Board, the Harbor Department will authorize JP Morgan Private Bank (JPMPB) to transfer a lump sum amount of $222,966 from the PCMTF to HCBF. The $222,966 will be supplemented by HCBF’s projected 2019 surplus of $90,829 from previously disbursed funds, for a total requested 2020 Operating Budget of $313,795. Upon transfer of funds from the PCMTF, HCBF will be financially responsible for its operating budget. Additionally, HCBF will provide the Board prior notice of any reallocation of authorized funds that exceed 10% of the total annual budget. The Harbor Department has completed all funding obligations into the PCMTF under the TraPac MOU, which expired in 2013. The proposed $222,966 transfer will be made from funds which the Harbor Department previously deposited into the PCMTF.
Recommendation: Board to 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 Harbor Community Benefit Foundation calendar year 2020 Operating Budget of a not-to-exceed amount of $313,795, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice of any reallocation within the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (3) approve the Harbor Community Benefit Foundation’s retention of the $90,829 surplus from the 2019 Operating Budget for the purpose of funding the current request for application in its 2020 Operating Budget; (4) authorize the Executive Director or designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $222,966 from JP Morgan Private Bank to the Harbor Community Benefit Foundation subject to the same notice of reallocation condition set forth in Recommendation 2; and (5) Adopt Resolution No.__________.
K. 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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 897 with Catalina Channel Express, Inc.:
Property: Berth 95, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Greg Bombard
Negotiating Parties: City and Catalina Channel Express, Inc.
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 a Lease 904A with AltaSea at the Port of Los Angeles:
Property: City Dock 1, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Tim McOsker
Negotiating Parties: City and AltaSea at the Port of Los Angeles
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Space Exploration Technologies Corp.:
Property: Berth 240, Terminal Island
City Negotiator: Michael DiBernardo
Tenant Negotiator: Matthew Thompson
Negotiating Parties: City and Space Exploration Technologies Corp.
Under Negotiation: Price and Terms
7. 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:
(three cases)
8. 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