Harbor Commission

 
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

Summary: Staff requests approval of a successor agreement to Agreement No. 18-3553 (Agreement) (Transmittal 1) between the City of Los Angeles Harbor Department (Harbor Department) and Trelleborg Marine Systems Denmark A/S (Trelleborg), for the continued use of Trelleborg’s portable piloting unit (PPU) system. The proposed Agreement will also contain the ability to purchase certain hardware components of the system, plus extended warranties on hardware previously purchased, and hardware to be purchased in the future. Agreement No. 18-3553 was for a three-year term that expired on January 24, 2021 for a total not-to-exceed amount of $270,000.  The proposed successor Agreement will also be for a three-year term, retroactive to January 25, 2021 for continuity, for a not-to-exceed amount of $122,980. The Harbor Department will be financially responsible for expenses incurred under the proposed Agreement.
 
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 Agreement between the City of Los Angeles Harbor Department and Trelleborg Marine Systems Denmark A/S; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of the continuation of Revocable Permit No. 12-08 (RP 12-08) with Phillips 66 Company for property located at Berths 153-154.  Approval of the proposed action will entitle Phillips 66 Company to continue operations of its monitoring wells at each site. Further, quarterly rent under RP 12-08 will continue in the amount of $566.51, or $2,266.04 per year, subject to Consumer Price Index (CPI) adjustments annually on July 1.
 
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) approve the continuation of Revocable Permit No. 12-08 with Phillips 66 Company; and (3) adopt Resolution No.____________.

Summary: Staff requests approval of a second Temporary Order for amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Eight, which updates the space assignment rates, terms and conditions. The second Temporary Order is required until the Permanent Order is approved by the Los Angeles City Council. Space assignments are granted by the Executive Director for use of covered areas, paved and unpaved land, and water space for non-exclusive use by current or new tenants on a short-term entitlement. The space assignment rates were last updated in October 2005 and are below current market rates. These amendments increase the space assignment rates over the next several years to market level by January 1, 2022, and then match any increases to the Consumer Price Index after 2022 with a minimum two percent increase every January 1. Other changes include increasing the minimum charge, adding charges for fencing and utility use, and ensuring appropriate environmental review for each assignment.  The first increase was effective January 1, 2021, with set increases each January 1 thereafter.
 
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments, as confirmed by the California Association of Port Authorities; (3) adopt Temporary Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners and cause the same to be published in a daily newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not to exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.

Summary: The Office of the City Attorney (City Attorney) requests approval of a First Amendment to Agreement No. E-7079 between the City of Los Angeles Harbor Department (Harbor Department) and Christian M. Carrigan.  The proposed Amendment will extend the term of the Agreement by one year and increase the Agreement authority by $13,000. The current one-year Agreement expires on May 26, 2021.  The proposed Amendment will extend the Agreement by one year to an expiration date of May 26, 2022 and will allow Christian M. Carrigan to continue to assist the City Attorney as an expert witness in the matter of City of Los Angeles v. Certain Underwriters at Lloyds et al. (Superior Court Case No. BC588876). In addition to extending the term, the proposed Amendment will also increase Agreement authority by $13,000 from $22,000 currently to $35,000 as proposed.  The increase in authority is necessary in order to compensate Christian M. Carrigan for additional document review as well as environmental investigations of soil, groundwater and sediment which were not budgeted in the original Agreement.  The Harbor Department will continue to be financially responsible for payment of professional fees rendered under the proposed First Amendment.
 
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 First Amendment to Agreement No. E-7079 with Christian M. Carrigan, extending the term of the Agreement by one year, for a total term of two years (May 27, 2020 to May 26, 2022); (3) approve the First Amendment to Agreement No. E-7079 with Christian M. Carrigan, increasing the authority by $13,000, for a total authority of $35,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. E-7079; and (5) adopt Resolution No.____________.

Summary: The Office of the City Attorney (Office) requests the Board of Harbor Commissioners’ (Board) approval of a Legal Services Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the law firm of Meyers Nave, A Professional Corporation (Meyers Nave) for legal services for San Pedro Bay Ports Clean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) matters. The proposed term of the Agreement is three years.  The proposed compensation authority is $75,000. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement.
 
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 Meyers Nave APC in the amount of $75,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (5) adopt Resolution No._____________.

Summary: Staff requests approval of a proposed Reimbursement Agreement (Agreement) with Bellwether Financial Group (Bellwether) to reimburse the City of Los Angeles Harbor Department (Harbor Department) one hundred percent of staff and consultant costs associated with the preparation of project documents for an environmental evaluation to develop and occupy Berth 44 and associated premises (Site), with the exception of costs related to assessment of contaminated soil and/or water impacts and historical resources.  If the City terminates this Agreement under certain circumstances and conditions, the City would be responsible to reimburse costs paid by Applicant to the City under this Agreement.   Expiration of the Exclusive Negotiating Agreement between the City and Bellwether would automatically constitute termination of this Agreement. The proposed Agreement is for a term of three years with an estimated amount of $375,000. Bellwether is financially responsible for these expenditures.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the proposed Reimbursement Agreement with Bellwether Financial Group to reimburse the City of Los Angeles Harbor Department for preparation costs of CEQA and National Environmental Policy Act (NEPA) environmental evaluations associated with the Berth 44 Boatyard Project for a contract term of three years and for an estimated amount of $375,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to, said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests Board of Harbor Commissioners (Board) acceptance and approval of a proposed Agreement with the South Coast Air Quality Management District (SCAQMD) to provide the City of Los Angeles Harbor Department (Harbor Department) with  $1,000,000 in cost-share support for the California Air Resources Board (CARB) grant funded zero emissions “Shore to Store” Demonstration project (Project). On March 7, 2019, the Board accepted a grant award from the CARB and approved Grant Agreement No. 19- 3639 in the amount of $41,122,260 to administer the Project. Through this Project, the Harbor Department is partnering with Kenworth Truck Company (Kenworth), the Port of Hueneme (POH), the National Renewable Energy Laboratory (NREL), and Shell Oil Products, US (Shell) to develop and demonstrate on-road hydrogen fuel cell and off-road battery electric zero emissions vehicles, together with supporting fueling infrastructure. On September 5, 2019, the Board approved Subrecipient Agreements with Kenworth, POH, and NREL. On July 23, 2020, the Board approved a Subrecipient Agreement with Shell. This proposed Agreement with SCAQMD is the final funding agreement necessary under this Project. The Harbor Department will not commit any funding to this Project beyond its staff time and resources to act as Project Manager, including ensuring all project deliverables are completed in accordance with the CARB Grant Agreement No. 19-3639.
 
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 City of Los Angeles CEQA Guidelines; (2) approve the Agreement between the City of Los Angeles Harbor Department and the South Coast Air Quality Management District (SCAQMD) for SCAQMD to provide $1,000,000 in cost-share to support the Shore to Store Demonstration Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Funding Agreement with the South Coast Air Quality Management District for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests Board of Harbor Commissioners (Board) approval of the First Amendment to the California Air Resources Board (CARB) Grant Agreement No. 19-3639 to fund the zero emissions “Shore to Store” Demonstration project (Project). The First Amendment updates the project schedule and milestones to account for the impacts of the COVID-19 pandemic delaying the project timeline. All other terms and conditions remain the same, including the overall project costs and participant commitments. On March 7, 2019, the Board accepted a grant award from CARB and approved Grant Agreement No. 19-3639 in the amount of $41,122,260 to administer the Project. Through this Project, the Harbor Department is partnering with Kenworth Truck Company (Kenworth), the Port of Hueneme (POH), the National Renewable Energy Laboratory (NREL), and Shell Oil Products, US (Shell) to develop and demonstrate on-road hydrogen fuel cell and off-road battery electric zero emissions vehicles, including the necessary fueling infrastructure. The Harbor Department will not commit any additional funding to this proposed Project beyond its staff time and resources to act as Project Manager, including ensuring all project deliverables are completed in accordance with the modified timelines in CARB Grant Agreement No. 19-3639.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15268 (Ministerial); 15301 (Existing Facilities), 15303(d) (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land); (2) approve the First Amendment to Agreement No. 19-3639 between the City of Los Angeles Harbor Department and the California Air Resources Board to extend the term and update the schedule and project milestones for the Shore to Store Demonstration Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment with the California Air Resources Board for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of the proposed Second Amendment to the California Energy Commission (CEC) Grant Agreement No. ARV-15-069, City of Los Angeles Harbor Department (Harbor Department) Agreement No. 16-3446 (Agreement) to fund the Advanced Yard Tractor Deployment and Eco-FRATIS Drayage Truck Efficiency project (Project).  On December 15, 2016, the Board of Harbor Commissioners (Board) approved the Agreement, which provided $5,833,000 to fund the Project. In December 2018, the Board approved the first amendment to reorganize Project milestones. The proposed Second Amendment is requested to extend the term of the Agreement through October 29, 2021, to provide additional time to review project data and submit final reports to the CEC. The Harbor Department’s financial responsibility continues to be limited to staff time to manage the Project as subrecipient payments are made only after grant funds are received from the CEC.
 
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 Second Amendment to California Energy Commission Grant Agreement No. ARV-15-069, City of Los Angeles Harbor Department Agreement No. 16-3446 between the City of Los Angeles Harbor Department and the California Energy Commission for the Advanced Yard Tractor Deployment and Eco-FRATIS Drayage Truck Efficiency Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Second Amendment to Grant Agreement No. 16-3446 with the California Energy Commission for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests the Board of Harbor Commissioners approve the proposed Caltrans Project Specific Maintenance Agreement (PSMA) No. 07-LA-110-PM 1.2/1.4 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the State of California Department of Transportation (Caltrans) for the Caltrans Pedestrian Path and Parking Restriping Project (Project). The Harbor Department is financially responsible for all maintenance work and expenses to maintain the Project under the Agreement estimated at $20,000 to $30,000 annually.
 
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 the Caltrans PSMA No. 07-LA-110-PM 1.2/1.4 (Transmittal 1) between the City of Los Angeles, Harbor Department and the State of California Department of Transportation; (3) authorize the Executive Director to execute and the Board Secretary to attest to this agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of an amendment (Amendment) to Port of Los Angeles (Port) Tariff No. 4 (Tariff) Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program.”  The proposed amendment would remove the qualifying year as an eligibility requirement from the Ocean Common Carrier (OCC) Incentive Program effective April 1, 2021. The COVID-19 global pandemic has caused unexpected and erratic trading patterns impacting container volumes beyond the control of OCCs. Removing the qualifying year requirement would adjust the program in response to the unforeseen COVID-related decrease in container volume during Fiscal Year (FY) 2020 and incentivize OCCs to drive future container volumes through the Port.  The program will continue to provide eligible OCCs with a financial incentive that could amount to $10.00 per incremental Twenty-foot Equivalent Units (TEU) and a maximum payout of $2,000,000 per OCC per Incentive Period as stated in Tariff No. 4 Item No. 2325. Payouts to OCCs earned under the terms of the proposed OCC Incentive Program 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) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program”, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program”; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.


 

Summary: Staff requests approval of an amendment (Amendment) to Port of Los Angeles (Port) Tariff No. 4 (Tariff) Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program.”  The proposed amendment would remove the qualifying year as an eligibility requirement from the Ocean Common Carrier (OCC) Incentive Program effective April 1, 2021.  The COVID-19 global pandemic has caused unexpected and erratic trading patterns impacting container volumes beyond the control of OCCs.  Removing the qualifying year requirement would adjust the program in response to the unforeseen COVID-related decrease in container volume during Fiscal Year (FY)2020 and incentivize OCCs to drive future container volumes through the Port.  The program will continue to provide eligible OCCs with a financial incentive that could amount to $10.00 per incremental Twenty-foot Equivalent Units (TEU) and a maximum payout of $2,000,000 per OCC per Incentive Period as stated in Tariff No. 4 Item No. 2325. Payouts to OCCs earned under the terms of the proposed OCC Incentive Program 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) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program”, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2325 “Ocean Common Carrier Incentive Program”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.____________.