To view the April 2, 2020 Special Board of Harbor Commissioners Meeting video, please click here.
March 27, 2020
NOTICE
BOARD OF HARBOR COMMISSIONERS SPECIAL BOARD MEETING
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, APRIL 2, 2020
The Board of Harbor Commissioners will participate via teleconference at their next meeting on Thursday, April 2, 2020 at 9:00am.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following precautions are outlined for the next Board of Harbor Commissioners meeting to reduce the risk of COVID-19. Procedures may change as the situation evolves - please check the website at www.portoflosangeles.org for current updates.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for on-site public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
PLEASE READ THESE INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Written comments or materials may be submitted by emailing [email protected]. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on Wednesday, April 1, 2020. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide comments by calling (310) 732-3444. Commission Staff will be available to receive your call and transcribe your comment for this meeting. Your comment will be provided to the Commissioners and entered into the official record. If the Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session will be accepted up until the Board recesses into Closed Session.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: [email protected] , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados
AMBER M. KLESGES
Commission Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, APRIL 2, 2020 AT 9:00 A.M.
Los Angeles 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.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
- Written comments or materials may be submitted by emailing [email protected]. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on Wednesday, April 1, 2020. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call and transcribe your comment for this meeting. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session will be accepted up until the Board recesses into Closed Session.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: [email protected] , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
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 March 12, 2020
G. Approval of the Minutes
1. Special Meeting of March 5, 2020
2. Second Special Meeting of March 5, 2020
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 - 9)
1. RESOLUTION NO. ____________ - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 897 WITH CATALINA CHANNEL EXPRESS INC.
Transmittal 1
Transmittal 2
Transmittal 3
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 under Permit No. 897 with Catalina Channel Express, Inc.; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 897; and adopt Resolution No.____________ and Order No.____________.
2. RESOLUTION NO. ____________ - APPROVE PERMIT NO. 947 WITH CERTI- FRESH FOODS, INC.
Transmittal 1
Transmittal 2
Recommendation: Board resolve to (1) find that the Director of Environmental management has determined that the proposed action is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) under Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 947 with Certi-Fresh Foods, Inc.; (3) direct the Board Secretary to transmit Permit No. 947 to City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 947 upon approval by City Council; and (5) adopt Resolution No.____________.
3. RESOLUTION NO. ____________ - APPROVE REVOCABLE PERMIT NO. 19- 09 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SOUTHERN CALIFORNIA MARINE INSTITUTE
Transmittal 1
Transmittal 2
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; (2) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the rate of return policy and grant the discount to Southern California Maritime Institute as an academic research facility which provides significant nonmonetary compensation in the form of education and public programming, and other local and regional economic benefits; (3) approve proposed Revocable Permit No. 19-09 with Southern California Marine Institute; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Revocable Permit; and (5) adopt Resolution No.____________.
4. RESOLUTION NO. ____________ - APPROVE PERMIT NO. 932 WITH SOUTHERN CALIFORNIA EDISON COMPANY
Transmittal 1
Transmittal 2
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(18)(g) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 932 with Southern California Edison Company; (3) direct the Board Secretary to transmit Permit No. 932 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 932 upon approval by City Council; and (5) adopt Resolution No.____________.
5. 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
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.____________.
6. RESOLUTION NO. ____________ - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE PACIFIC CRANE MAINTENANCE COMPANY CHASSIS REPAIR AND STORAGE FACILITY PROJECT AT 895 REEVES AVENUE (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO. 180628-111; STATE CLEARINGHOUSE NO. 2020019025)
Transmittal 1
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the proposed Pacific Crane Maintenance Company Chassis Repair and Storage Facility Project at 895 Reeves Avenue, (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including (a) the information contained in this report and (b) the Final Initial Study/Negative Declaration for the Pacific Crane Maintenance Company Chassis Repair and Storage Facility Project at 895 Reeves Avenue, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) find that all information added to the Final Initial Study/Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and that recirculation is not necessary; (4) adopt the Final Initial Study/Negative Declaration for the Pacific Crane Maintenance Company Chassis Repair and Storage Facility Project at 895 Reeves Avenue; (5) approve the Pacific Crane Maintenance Company Chassis Repair and Storage Facility Project at 895 Reeves Avenue, in consideration of the Final Initial Study/Negative Declaration, including comment letters received and the responses to comments; (6) authorize the City of Los Angeles Harbor Department to file the Notice of Determination for the Pacific Crane Maintenance Company Chassis Repair and Storage Facility Project at 895 Reeves Avenue with the Los Angeles City and County Clerks; and (7) adopt Resolution No.___________.
7. RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: SULLY-MILLER CONTRACTING COMPANY SAN PEDRO WATERFRONT HARBOR BOULEVARD FROM MINER ST TO SP SLIP ROADWAY IMPROVEMENTS SPECIFICATION NO. 2774
Transmittal 1
Transmittal 2
Transmittal 3
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) find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve, Specification No. 2774 for Item Nos. 1 through 36 of the Bid Proposal Line Items to Sully-Miller for the amount of $5,570,000; that a 15% contingency not included in the original Contract amount be applied for a total authorization of $6,405,500 and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 390 calendar days from the Notice to Proceed; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) adopt Resolution No.____________.
8. RESOLUTION NO. _________________________ WAIVING THE POTENTIAL CONFLICT FOR ALVARADOSMITH'S REPRESENTATION OF VALERO ENERGY CORPORATION
Transmittal 1
Summary: The Office of the City Attorney ("Office") requests approval of a waiver of a potential conflict of interest in favor of the law firm of AlvaradoSmith so it may represent a party in a transaction with the City of Los Angeles Harbor Department ("Harbor Department"). AlvaradoSmith has requested a conflict waiver so that the law firm may represent Valero Energy Corporation ("Valero") in its lease negotiations involving the Port of Los Angeles, and assist Valero’s legal team in obtaining the appropriate permits from the City of Los Angeles. 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 AlvaradoSmith’s representation of Valero in in its lease negotiations involving the Port of Los Angeles, and assist Valero’s legal team in obtaining the appropriate permits from the City of Los Angeles.; (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.
City Attorney
9. RESOLUTION NO. ____________ - ADOPTION OF RESOLUTION IMPLEMENTING CITY COUNCIL ACTION IN RESPONSE TO MAYOR GARCETTI’S DECLARATION OF LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC
Transmittal 1
Transmittal 2
Transmittal 3
Summary: The Office of the City Attorney ("Office") requests adoption of two Resolutions previously adopted by the Los Angeles City Council in response to the COVID-19 pandemic and the Declaration of Local Emergency for the City of Los Angeles, as declared by Mayor Garcetti on March 4, 2020, such that they apply with full force and effect to and at the City of Los Angeles Harbor Department ("Harbor Department"). The first Resolution would suspend the competitive bidding requirements of Section 371 of the Charter and Section 10.15 of the Administrative Code for contracts entered into by City Departments for the duration of the local emergency declared by Mayor Garcetti. The second Resolution would allow the Harbor Department to follow guidelines issued by the Personnel Department regarding use of telecommuting and other personnel matters to address the COVID-19 pandemic. Independent adoption of these two Resolutions by the Board of Harbor Commissioners ("Board") is required because the Harbor Department is an independent proprietary department of the City, which controls its own funds. The proposed resolution is not anticipated to have a 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) approve this proposed Resolution whereby the Harbor Department would adopt City of Los Angeles Ordinance Nos. ___________ and __________ as a policy of the Harbor Department, and to delegate authority to the Executive Director to adopt those future resolutions of City Council, if any, related to the COVID-19 pandemic deemed in the exercise of reasonable discretion of the Executive Director to be applicable and beneficial to the Harbor Department, its tenants, users and stakeholders; (3) authorize the Board Secretary to certify the adoption of the Resolution; and (4) 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 881 with TraPac, Inc.:
Property: Berths 136-147, Wilmington
City Negotiators: Michael DiBernardo and Marisa Katnich
Tenant Negotiator: Stephen Edwards
Negotiating Parties: City and TraPac, 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 Permit 733 with Eagle Marine Services, Ltd.:
Property: Berths 302-305, Terminal Island
City Negotiator: Eugene Seroka
Tenant Negotiator: Sean Pierce
Negotiating Parties: City and Eagle Marine Services, Ltd.
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:
(three cases)
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)
L. Adjournment