Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, JUNE 17, 2021 AT 9:00 AM
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).
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 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. 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 can be accepted up until the item is considered by the Board.
- 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.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comment 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 June 10, 2021
G. Approval of the Minutes
None
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
Cargo Marketing
Summary: Staff requests approval of a second Temporary Order to amend (Amendment) 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 removes the “but not zero” container volume reference in the Qualifying Year period of the Ocean Common Carrier (OCC) Incentive program (Program), retroactive to September 1, 2018, and removes the qualifying year as an eligibility requirement effective April 1, 2021. 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. The “but not zero” container volume reference in the Qualifying Year did not consider OCCs that had not brought any container volume to the Port in the two years preceding their arrival, nor did it recognize OCCs that had very limited market participation and then dramatically increased container volumes through the Port, effectively “New Market Entrants”. Eligible OCCs can earn 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. At the May 6, 2021, Board of Harbor Commissioners (Board) meeting, the Board approved a Temporary and Permanent Order amending Port Tariff No. 4 Item No. 2325. 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. The 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 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) 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”; (3) 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 (4) adopt Resolution No.____________.
City Attorney
Summary: The Office of the City Attorney (Office) requests the Board of Harbor Commissioners (Board) approve a Legal Services Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and The Sohagi Law Group, A Professional Law Corporation (Sohagi) for legal services related to environmental issues. The proposed term of the Agreement is three years. The proposed compensation authority for the Agreement is $25,000. 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 Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with The Sohagi Law Group APLC in the amount of $25,000 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.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Temporary Entry and Use Permit No. 1780 (TEUP 1780) with Tesoro Refining & Marketing Company LLC (Tesoro) for five temporary monitoring wells located in the Classification Yard north of Pacific Coast Highway in Wilmington. The proposed TEUP 1780 will entitle Tesoro to install, operate, and maintain five monitoring wells at the site for a term of five years. Further, annual compensation under TEUP 1780 will be $2,000 per year, subject to annual Consumer Price Index (CPI) adjustments.
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 Temporary Entry and Use Permit No. 1780 with Tesoro Refining & Marketing Company LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to Temporary Entry and Use Permit No. 1780; and (4) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests the Board of Harbor Commissioners (Board) to rescind a Resolution adopted on April 15, 2021, which approved the 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). Due to administrative delays affecting Federal Maritime Commission (FMC) review, the Second Amendment will be replaced by a new proposed agreement that falls within the authority of an Executive Director Agreement. The proposed Executive Director Agreement will match all terms of the previously approved Second Amendment except that the new Executive Director Agreement will not include any options to extend.
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) rescind the Second Amendment to Agreement No. E6967 with PierPass, LLC; (3) adopt Resolution No.____________; and (4) the Secretary shall certify to the adoption of Resolution No. __________ by the Board of Harbor Commissioners and shall cause a copy of the same to be presented to the City Clerk to be added, as a supplemental item to Council File No.15-0876.
Commission Office
Recommendation: Board resolve to adopt subject Resolution No.____________.
Construction & Maintenance
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year contract with two one-year renewal options to The Jankovich Company, LLC (Jankovich) of San Pedro, CA for marine delivered fuel to be used by City of Los Angeles Harbor Department (Harbor Department) vessels. The amount of this agreement shall not exceed $306,000 annually, or a total not to exceed amount of $918,000 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 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) award Contract No. 39947 with Jankovich in the amount of $306,000 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; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39947 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Item No. 7
Environmental Management
Summary: Staff requests adoption of a Resolution to provide a clear and comprehensive roadmap (Roadmap Resolution) towards implementation of the Clean Truck Fund Rate (CTF Rate) as described in the 2017 Clean Air Action Plan (CAAP) Update and Board Resolution No. 20-9613. The Roadmap Resolution directs staff to take all feasible actions to accelerate deployment of zero emissions (ZE) trucks in accordance with the 2017 CAAP Update’s 2035 ZE drayage truck goal, and conduct robust stakeholder outreach to inform key design elements of the forthcoming CTF Rate Tariff Amendment before making any recommendations. The Roadmap Resolution further directs staff to develop the proposed Tariff Amendment to implement the CTF Rate for consideration by the Board of Harbor Commissioners (Board) before the end of 4Q 2021 based on a series of key principles listed therein. This Roadmap Resolution will have no financial effect on the City of Los Angeles Harbor Department (Harbor Department) or others, unless and until CTF Rate collection commences pursuant to Board and City Council adoption of a Tariff Amendment as described in the Roadmap.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and statutorily exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15061(b)(3), 15262, and 15273; (2) approve, for planning purposes, the Clean Truck Fund Rate Development Roadmap; 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)
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. BS070017
3. 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. 20STCP02978
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
South Coast Air Quality Management District v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 20STCP02985
5. 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:
(one case)
6. 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
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with San Pedro Fish Market:
Property: Berths 93C, D, E, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 692 with Yusen Terminals, LLC:
Property: Berths 212-223, Terminal Island
City Negotiator: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals, LLC
Under Negotiation: Price and Terms
9. THREAT TO PUBLIC SERVICES OR FACILITIES
(Government Code Section 54957)
Consultation with: Los Angeles Port Police Chief Thomas Gazsi
Emergency Management Coordinator Anna Burton
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Amended and Restated Lease 904A with AltaSea at the Port of Los Angeles:
Property: Berths 56-60, 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
L. Adjournment