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 Second Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 15-3353 between the City of Los Angeles Harbor Department (Harbor Department) and Prospect Enterprise dba Kansas Marine Co., for a corporate name change within FTZ No. 202, Site 45, located at 625 Kohler Street, Los Angeles, California 90021. The new name will be Kansas Marine Inc. (Kansas). Any change made to an original operating agreement between the Harbor Department and the operators requires an amendment to the agreement. The proposed Second Amendment will approve the name change. Except as amended, all remaining terms and conditions of Agreement No. 15-3353 shall remain in full force and effect. 
 
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 Agreement No. 15-3353 between the City of Los Angeles Harbor Department and Kansas Marine Inc.; (3) direct the Board Secretary to transmit the proposed Second Amendment Foreign-Trade Zone Operating Agreement No. 15-3353 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 Second Amendment to Foreign-Trade Zone Operating Agreement No. 15-3353; and (5) adopt Resolution No._____________.

Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff) continuing the Truck Turn-Time and Dual Transaction Incentive Program (Incentive Programs) for Container Terminal Operators (CTOs) that became effective on February 1, 2021 under a Temporary Order. These programs incentivize CTOs to decrease truck turn-times at their marine terminals and achieve a minimum of 50 percent dual transactions allowing for increased terminal and truck gate operations thus increasing the Port’s competitive position. Under this program, a terminal improving truck turn-times by 5 to 20 percent during a month would earn an incentive ranging between $0.50 and $2.75 per loaded or empty trucked Twenty-Foot Equivalent Unit (TEU) depending on the actual truck turn-time percentage improvement achieved.  A CTO would earn an incentive of $3.00 per loaded or empty TEU when they average a truck turn-time of at most 35 minutes during any given month. The incentive would be paid on trucked TEUs and moved through a CTO’s in-gate, out-gate during a given month. In addition, when a minimum of 50 percent of truck transactions at a marine terminal involve dual transactions, the CTO  can earn an incentive between $0.40 and $1.40 per loaded trucked TEU based on the percentage of dual transactions handled compared to their overall gate activity for any given month. A dual transaction happens when a trucker delivers a container at a terminal and departs with a different container. To implement these programs, CTOs are required to provide additional data elements to the Port via electronic data interchange or other technology. At the January 14, 2021, Board meeting, the Board approved a Temporary and Permanent Order amending Port of Los Angeles Tariff No. 4, Item Nos. 2345, 2346, 2350, and 2351. Changes in the Tariff require City Council approval. The City Council has not calendared and approved the Permanent Order and Ordinance. Therefore, a second Temporary Order is proposed to allow additional time for the Permanent Order to pass through the City Council approval process. This second Temporary Order, if approved, will expire in 90 days after the day it is published or upon execution of the Permanent Order by the City Council, whichever occurs first. 
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and administratively exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 1 and Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) adopt a second Temporary Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Twenty-Three, Item No. 2345 “Definitions Truck Turn-Time Incentive”, Item No. 2346 “Truck Turn-Time Incentive Program”, Item No. 2350 “Definitions Dual Transaction Incentive”, and Item No. 2351 “Dual Transaction Incentive Program”; (3) authorize the Board Secretary to certify the adoption of the second 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 (4) adopt Resolution No.___________.

Summary: Staff requests approval of the proposed Second Amendment to Agreement No. E6967 between PierPass, LLC (PierPass), located in Long Beach, California, and the City of Los Angeles Harbor Department (Harbor Department).  PierPass provides trucking gate move data collected from electronic gate management equipment at the seven major container terminals in order to support the Clean Truck Program (CTP) and the annual Port of Los Angeles (Port) emissions inventories. The proposed Second Amendment extends the term by one year and gives the Harbor Department the option to renew for an additional year. In accordance with the Shipping Act, this proposed Second Amendment will be filed with the Federal Maritime Commission (FMC). Annual compensation, pending approval of the proposed Second Amendment, will remain unchanged at $48,000 and 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 the Second Amendment to Agreement No. E6967 with PierPass, LLC to extend the term by one year with an option to renew for one more additional year with annual compensation remaining at the same rate of $48,000; (3) authorize the Executive Director to execute and Board Secretary to attest to said Second Amendment for and on behalf of the Board of Harbor Commissioners; (4) authorize the Board Secretary to transmit said Amendment to the Los Angeles City Council for approval in accordance with Charter Section 373 and Los Angeles Administrative Code Section 10.5(a); (5) upon the approval of City Council in accordance with Los Angeles Administrative Code Section 10.5(a), authorize the Executive Director to execute and the Board Secretary to attest to said Amendment with PierPass, LLC for and on behalf of the Board after approval by City Council; (6) delegate authority to the Executive Director to execute the extension of the Agreement No. E6967 with PierPass, LLC for a second year option, if it is determined that it is in the best interest of the City of Los Angeles Harbor Department; and (7) adopt Resolution No.____________.

Summary: Staff requests approval of the Order resetting compensation for Permit No. 581 (P581) with Robert W. Nizich and Nino J. Rosini (Nizich and Rosini) for the operation of Café International, a fast-food establishment.  P581 has been on holdover since January 1, 2015 due to ongoing negotiations and developments with the San Pedro Public Market LLC. Under the proposed Order, effective April 1, 2021, minimum rent would increase by 336 percent from $1,477.53 per month ($17,730.36 per year) currently to $6,441.19 per month ($77,294.33 per year) in Year 1 with annual increases based upon the Consumer Price Index (CPI) occurring thereafter.  Monthly rent will continue to be paid based upon the greater of a percentage of gross receipts or the aforementioned monthly minimum.
 
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 for the five-year period of April 1, 2021 through March 31, 2026 under Permit No. 581; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 581; and (4) adopt Resolution No.____________ and Order No.____________.

Summary: Staff requests approval of the Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and Los Angeles Police Department (LAPD). This partner agency MOA, if approved by the Board, will establish the agreement for various duties and responsibilities of the Partner Agencies in regards to Los Angeles Port Police (LAPP) utilization of LAPD’s Local Area Network (LAN) System. LAPP personnel must have approved access to the electronic systems and resources at LAPD in order to complete arrests and investigations. This system will allow LAPP personnel to log onto and use the required forms and systems at LAPD on the same basis as personnel employed at LAPD. This proposed MOA is for a five (5) year term, commencing upon execution by the Harbor Department. The MOA is administrative in nature and there will be no financial impact to 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 Memorandum of Agreement between the Los Angeles Harbor Department and the Los Angeles Police Department to establish various duties and responsibilities for access to LAPD’S LAN System; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memorandum of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of the Order resetting compensation for Permit No. 884 (P884) with San Pedro Fish Markets (SPFM), a wholesale fish market and seafood restaurant.  P884 has been on holdover since December 1, 2014 due to ongoing negotiations and developments with the San Pedro Public Market LLC. Under the proposed Order, effective April 1, 2021, minimum rent would increase by 411 percent from $6,255.47 per month ($75,065.62 per year) currently to $31,973.35 per month ($383,680.17 per year) in Year 1 with annual increases based upon the Consumer Price Index (CPI) occurring thereafter.  Monthly rent will continue to be paid based upon the greater of a percentage of gross receipts or the aforementioned monthly minimum. 
 
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 for the five-year period of April 1, 2021 through March 31, 2026 under Permit No. 884; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 884; and (4) adopt Resolution No.____________ and Order No. ____________.

Summary: Staff requests approval of a Memorandum of Understanding (MOU) with the Housing Authority of the City of Los Angeles (HACLA) to coordinate on the Harbor Boulevard Parkway Improvements Project (Project).  The Project consists of the improvement of 15,600 square feet of underutilized rail right-of-way into park space that expands upon the LA Waterfront’s Harbor Boulevard Parkway and provides direct access to the community and HACLA’s Rancho San Pedro Housing Development (Ranch San Pedro), currently being redeveloped by One San Pedro into a mixed-use, mixed-income urban village.  Project concept amenities include a bike loop, new seating and recreation equipment, and new shade trees and plants. Approval of this MOU obligates the Department and HACLA to cooperate in the completion of the United States Department of Housing and Urban Development (HUD) Choice Neighborhoods Initiative (CNI) grant funding approval process and environmental review of the Project.  Upon approval of the Project funding by HUD, the parties will renegotiate an amended and restated MOU, subject to full review and approval by the Board.  The broad concept for Harbor Department responsibilities, subject to the future amended and restated MOU, is to clear the site for construction and provide ongoing maintenance following Project completion.  Harbor Department costs to prepare the site are approximately $1,430,000 and ongoing maintenance will be estimated as design is finalized.  HACLA would be responsible for all other costs, currently estimated at $1,400,000. 
 
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) approve the Memorandum of Understanding with the Housing Authority of the City of Los Angeles; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding on behalf of the Board; and (4) adopt Resolution No.____________.

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year contract with two one-year renewal options to Johnson Controls Fire Protection LP (JCFP) of Santa Fe Springs, California for port-wide fire alarm and fire suppression system maintenance and upgrades.  The amount of this agreement shall not exceed $3,130,000 annually, or a total of $9,390,000 for the duration of the three-year agreement if all options are exercised. The Harbor Department will be financially responsible for costs incurred under the proposed contract.
 
Recommendation: Board resolve to (1) find that the Director of Environment 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(6) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with JCFP based on a cooperative arrangement with Sourcewell to utilize Contract No. 031517-SGL; (3) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (4) award Contract No. 39939 with JCFP in the amount of $3,130,000 for a period of one year, with two one-year renewal options in the same amount annually to be exercised by the Executive Director or his/her designee; (5) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39939 for and on behalf of the Board; and (6) adopt Resolution No.____________.

Summary: Staff requests the Board of Harbor Commissioners (Board) approve Trade Corridor Enhancement Program (TCEP) Baseline Agreement (BA) between City of Los Angeles Harbor Department (LAHD) and the California Transportation Commission (CTC) to receive $13,383,000 in Senate Bill 1 TCEP funds for the construction phase of the State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration Project (Project). Total Project costs are anticipated to be $70,500,000. The Harbor Department is financially responsible for funding or securing matching funds of $57,117,000, net of the proposed TCEP funds. In addition, staff is requesting the Board to consider and approve the Project, and authorize the Environmental Management Division (EMD) to file the Notice of Determination (NOD) for the Project.
 
Recommendation: Board resolve to (1) consider, as a Responsible Agency, pursuant to California Environmental Quality Act (CEQA) Guidelines §15096, the Initial Study/Negative Declaration (IS/ND) for the State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration Project which (a) has been completed by Caltrans as the CEQA Lead Agency in accordance with the State CEQA Guidelines; and (b) was presented to the Board for review and the Board reviewed and considered the information contained in the IS/ND prior to approving the Project; (2) find that, as a Responsible Agency, based on the information contained in this report and the IS/ND, that the State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration Project would not have a significant effect on the environment pursuant to Public Resources Code § 21080 and State CEQA Guidelines § 15096; (3) find that all information added to the Final IS/ND after the public review period, merely clarifies, amplifies, or makes insignificant modifications, and recirculation is not necessary; (4) approve the State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration Project in consideration of the IS/ND, together with the comment letters received and the response to comments; (5) authorize the Environmental Management Division to file the Notice of Determination for the subject Project with the Los Angeles County Clerk and State Clearinghouse; (6) approve Trade Corridor Enhancement Program (TCEP) Baseline Agreement (BA) between LAHD, CTC, and Caltrans to receive $13,383,000 in TCEP funds for State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration Project; (7) authorize the Executive Director to execute and the Board Secretary to attest to said agreement, for and on behalf of the Board; (8) authorize the Executive Director to execute future Baseline Agreement Amendments to account for revised project schedules, and/or reduced project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; (9) authorize the Executive Director to execute future project specific Program Supplement Agreements, subject to approval of the City Attorney as to form and legality, and; (10) adopt Resolution No.__________.