Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, AUGUST 20, 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/commission/agenda-archive-and-videos
- 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 the day before the Board meeting. 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 disponiblepara traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
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 6, 2020
H. Presentation
None.
I. Level I Coastal Development Permit
The Executive Director has approved one (1) Level I CDP:
CDP No. 20-04 Chevron Pipe Line Company – Pipeline Removal and Abandonment near Channel Street
Transmittal 1
Transmittal 2
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Information Technology
Transmittal 1
Summary: Staff requests approval of the First Amendment to Agreement No. 18-3562 (First Amendment) with Dailey-Wells Communications, Inc. (Dailey-Wells). The proposed First Amendment is required in order to continue providing maintenance and support services twenty-four hours per day, seven days a week (24x7) for the City of Los Angeles Harbor Department (Harbor Department) Port Police Harris Radio System and the Harris portion of the Mobile Data Computer Network (Harris System). The proposed First Amendment will extend the term of Agreement No. 18-3562 by two additional years, for a total of five years, with no change to the not-to-exceed compensation amount. The recommendation to select Dailey-Wells for Agreement No. 18-3562 was based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. Dailey-Wells is a certified Local Business Enterprise. Dailey-Wells is headquartered in San Antonio, Texas, with a local office in Los Angeles, California. Expenditures incurred under Agreement No. 18-3562 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 First Amendment to Agreement No. 18-3562 to extend the existing Agreement to a term of five years and no change to the not-to-exceed compensation amount of $949,109; (4) direct the Board Secretary to transmit the First Amendment to Agreement No. 18-3562 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; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (6) adopt Resolution No.____________.
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 First Amendment to Agreement No. 18-3562 to extend the existing Agreement to a term of five years and no change to the not-to-exceed compensation amount of $949,109; (4) direct the Board Secretary to transmit the First Amendment to Agreement No. 18-3562 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; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (6) adopt Resolution No.____________.
City Attorney
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: The Office of the City Attorney (City Attorney) requests approval of a Third Amendment to Agreement No. 13-3109 between the City of Los Angeles Harbor Department (Harbor Department) and the law firm of Brown & Winters. The proposed Third Amendment will extend the term of the Agreement by eighteen months and increase the Agreement authority by $95,000. The current seven-year and six month Agreement expires on August 31, 2020. The proposed Amendment would extend the term of the Agreement by 18 months to a proposed nine years and expiration date of February 28, 2022. The extension will allow Brown & Winters to continue to assist the City Attorney with efforts to recover environmental investigation and cleanup expenses from both the City’s and certain tenant’s historic insurance policies. The Third Amendment increases the authority and while it does not alter the contingent fee payment schedule, the payment schedule is clarified to state that Brown & Winters’ fees must be paid from recoveries made during the contract period. Ancillary litigation costs and expenses 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 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 Third Amendment to Agreement No. 13-3109 with Brown & Winters, extending the term of the Agreement by eighteen months, for a total term of nine years (March 1, 2013 to February 28, 2022); (3) approve the Third Amendment to Agreement No. 13-3109 with Brown & Winters, increasing the authority by $95,000, for a total authority of $200,000; (4) authorize and Direct the Board Secretary to forward the Third Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Agreement No.13-3109; and (6) adopt Resolution No.____________.
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 Third Amendment to Agreement No. 13-3109 with Brown & Winters, extending the term of the Agreement by eighteen months, for a total term of nine years (March 1, 2013 to February 28, 2022); (3) approve the Third Amendment to Agreement No. 13-3109 with Brown & Winters, increasing the authority by $95,000, for a total authority of $200,000; (4) authorize and Direct the Board Secretary to forward the Third Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Agreement No.13-3109; and (6) adopt Resolution No.____________.
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Third Amendment to Foreign-Trade Zone (FTZ) Developer Agreement No. 2401 between the City of Los Angeles Harbor Department (Harbor Department) and 11850 Riverside LLC. (Riverside) to continue to maintain their FTZ status and promote the FTZ Program within FTZ 202, Site 20, located in Mira Loma, California. Riverside is a real estate investment firm whose principal address is located in Newport Beach, California. Riverside’s current FTZ Developer Agreement No. 2401 will expire on October 31, 2020. The Third Amendment will extend the term of the Developer Agreement by five years to November 1, 2025. It is necessary for the Harbor Department to execute the Third Amendment to extend the Agreement, as required by the FTZ Board. Site 20 consists of 141.79 acres of warehouse and office space of which Riverside owns approximately 26.97 acres. The other properties on Site 20 are owned by IDI Corporation and State Teachers Retirement System of Ohio CA Real Estate Investment II LLC. The property is located approximately 64 miles north of the Port of Los Angeles. The proposed Third Amendment will not require funding by 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 the proposed Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401 between the City of Los Angeles Harbor Department and 11850 Riverside LLC.; (3) direct the Board Secretary to transmit the proposed Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401 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 Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401; and (5) adopt Resolution No.____________.
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 Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401 between the City of Los Angeles Harbor Department and 11850 Riverside LLC.; (3) direct the Board Secretary to transmit the proposed Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401 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 Third Amendment to Foreign-Trade Zone Developer Agreement No. 2401; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Joint Revocable Permit (JRP) No. 20-12 among Crimson California Pipeline, L.P. (Crimson), the City of Los Angeles Harbor Department (Harbor Department), and the Port of Long Beach (POLB), (collectively Ports), as joint owners, for environmental sampling that includes soil borings located along the railroad east and southeast of the intersection of Alameda Street and O Street in Wilmington. The JRP will be a short-term occupancy agreement with an expected duration of less than 30 days for environmental sampling. The monthly rent is $2,307, which will be split equally between the Ports. As a 50 percent joint owner, the Harbor Department will receive $1,153.50. In addition, the Harbor Department will also receive $1,250, which represents 50 percent of a $2,500 permit processing fee to be paid by Crimson. This JRP requires approval from the Board of Harbor Commissioners of both Ports, and the POLB Board of Harbor Commissioners approved this JRP at its meeting on July 27, 2020.
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 Sections 15301 and 15306 of the State of California CEQA Guidelines; (2) approve Joint Revocable Permit No. 20-12 among Crimson California Pipeline L.P. and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 20-12; and (4) adopt Resolution No.____________.
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 Sections 15301 and 15306 of the State of California CEQA Guidelines; (2) approve Joint Revocable Permit No. 20-12 among Crimson California Pipeline L.P. and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 20-12; and (4) adopt Resolution No.____________.
Regular Items (5 & 6)
Construction
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests approval of an award of a contract (Contract) to Sully-Miller Contracting Company (Sully-Miller), to construct the Wilmington Waterfront Promenade and Building Demolition (Project). The Project consists of construction of a community park adjacent to Banning’s Landing. The lowest responsive and responsible bidder is Sully-Miller, located at 135 South State College Boulevard, Suite 400, Brea, CA 92821. The Contract amount of $51,900,020, plus a 10% contingency, is $57,090,022, and the Contract duration is 840 calendar days. Payment of expenses incurred under the 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 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. 2780 for Item Nos. 1 through 91 of the Bid Proposal Line Items to Sully-Miller for the amount of $51,900,020; that a 10% contingency not included in the original Contract amount be applied for a total authorization of $57,090,022 and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 840 calendar days from the Notice to Proceed; (4) delegate and authorize the Executive Director to grant a Temporary Entry and Use Permit to the Contractor for the use and occupancy of the Contractor and Construction Management Field Office Location for the duration of the Contract; (5) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (6) 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 (7) adopt Resolution No.____________.
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. 2780 for Item Nos. 1 through 91 of the Bid Proposal Line Items to Sully-Miller for the amount of $51,900,020; that a 10% contingency not included in the original Contract amount be applied for a total authorization of $57,090,022 and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 840 calendar days from the Notice to Proceed; (4) delegate and authorize the Executive Director to grant a Temporary Entry and Use Permit to the Contractor for the use and occupancy of the Contractor and Construction Management Field Office Location for the duration of the Contract; (5) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (6) 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 (7) adopt Resolution No.____________.
Debt & Treasury Management
6. RESOLUTION NO. ____________ - AUTHORIZING CITY OF LOS ANGELES OFFICE OF FINANCE TO INVEST UP TO $75 MILLION OF HARBOR DEPARTMENT MONIES IN THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
Transmittal 1
Transmittal 2
Summary: Staff requests adoption of a resolution authorizing the City of Los Angeles Office of Finance to invest up to $75 million of Harbor Department monies held on deposit in the City’s General Pool by the City Treasurer in the State of California Local Agency Investment Fund (LAIF). The additional LAIF investment is expected to increase overall earnings to the City’s General Fund.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is not a "project" for the purposes of CEQA under Section 15378(b)(4) of the State CEQA Guidelines; (2) adopt the proposed resolution authorizing the Treasurer of the City of Los Angeles and designated staff to invest up to $75 million of Harbor Department’s monies on deposit in the General Pool held by the City Treasurer in the State of California Local Agency Investment Fund (LAIF); and (3) adopt Resolution No.____________.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is not a "project" for the purposes of CEQA under Section 15378(b)(4) of the State CEQA Guidelines; (2) adopt the proposed resolution authorizing the Treasurer of the City of Los Angeles and designated staff to invest up to $75 million of Harbor Department’s monies on deposit in the General Pool held by the City Treasurer in the State of California Local Agency Investment Fund (LAIF); and (3) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. Certain Underwriters at Lloyd’s, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
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,
Los Angeles Superior Court Case No. 19STCP02431
3. 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
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. BS070017
5. 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
6. 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
7. 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: (two 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