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, JULY 15, 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).
UPDATED 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 into the official meeting minutes. 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 a recorded comment by calling (310) 732-3969 and leaving a voicemail. Please submit your recorded comment before 8:45am the day of the meeting and include your name, affiliation, item number and comment within the 3 minute public comment time limit. All recorded comments will be entered into the official meeting minutes.
- Members of the public can provide a live comment by calling (310) 732-3444. Commission Staff will be available to receive your call and provide Zoom meeting access information. Please provide your name and phone number in order for Staff to identify participants in the Zoom meeting. If Commission Staff is not available to receive your call, please leave a voicemail at (310) 732-3444 with your name and your telephone number for a return call. All calls will be verified. All live comments will be entered into the official meeting minutes. 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] , un día antes de la junta, o puede llamar a nuestra Oficina de Comisionados al (310) 732-3969 para grabar su mensaje. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto. Por cualquier pregunta, pueden comunicarse con Mario Saborío al (310) 732-3931.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Election of Officers
PURSUANT TO SECTION 503(A) OF THE CITY OF LOS ANGELES CHARTER, THE BOARD SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT AND ONE VICE PRESIDENT.
OFFICERS SHALL HOLD OFFICE FOR ONE YEAR AND UNTIL THEIR SUCCESSORS ARE ELECTED, UNLESS THEIR MEMBERSHIP ON THE BOARD EXPIRES SOONER.ELECTIONS SHALL BE HELD DURING ITS LAST MEETING IN JULY* OF EACH YEAR, BUT THE BOARD MAY FILL THE UNEXPIRED TERM OF ANY VACANCY OCCURRING IN THE OFFICE OF PRESIDENT OR VICE-PRESIDENT AT ANY MEETING.
THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY FOR THE POSITIONS OF PRESIDENT AND VICE PRESIDENT.
PRESIDENT: _________________________________________
VICE PRESIDENT: ____________________________________
*OR AS SOON THEREAFTER AS FEASIBLY POSSIBLE
C. Executive Director Remarks
D. Comment from the Public on Non-Agenda Items
E. 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.
F. Reports of the Commissioners
G. Board Committee Reports
None.
H. Approval of the Minutes
- Regular Meeting of July 1, 2021
I. Presentation
None.
J. Level I Coastal Development Permit
None.
K. Board Reports of the Executive Director
Consent Items (1 – 8)
Construction and Maintenance
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a three year agreement with American Marine Corporation (AMC) of San Pedro, California for on-call underwater diving services. The amount of this agreement shall not exceed $1,200,000 for the first year, and $1,500,000 for each of two following years, for a total of $4,200,000 over three years. This 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 is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(3) and 6(2) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreement (underwater diving services) can be performed more feasibly by an independent contractor than by City employees; (3) approve the Agreement with American Marine Corporation for a term three years; and total compensation amount not to exceed $4,200,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Construction and Maintenance
Summary: Staff requests approval of Contract No. 39950, with Graybar Electric Company, Inc. (Graybar) of Diamond Bar, California for the purchase of retrofit kits for the crane switchgear at Berth 300. The Contract amount is $942,380, and the Contract will continue until this project is complete since this is a one-time purchase order. Expenses incurred under the Contract 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 Contract No. 39950 with Graybar for the purchase of retrofit kits in the amount of $942,380; (3) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39950 for and on behalf of the Board; and (4) adopt Resolution No.___________.
Cargo Marketing
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 16-3416 between the City of Los Angeles Harbor Department (Harbor Department) and Access World (USA) LLC (Access) to continue operating its facility within FTZ 202, Site 10F, located at 989 East 233rd Street, Carson, CA 90745. The Harbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Access’s current FTZ Operating Agreement No. 16-3416 will expire on November 30, 2021. The First Amendment will extend the Operating Agreement by five years. Access requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department must execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 10F consists of a 4.5 acre site with approximately 20,000 square feet of warehousing and office space located 7 miles from the Port of Los Angeles. Access will operate its facility under FTZ procedures as a multi-usage site. The proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $7,750 annually from Access (per FTZ Tariff No. 2).
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. 16-3416 between the City of Los Angeles Harbor Department and Access World (USA) LLC; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3416 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. 16-3416; and (5) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Geodis USA, LLC (Geodis), to continue operating at FTZ No. 202, Site 11C, located at 2155 E. 220th Street, Carson, CA 90810. Geodis currently operates at Site 11C under FTZ Operating Agreement No. 13-3114, which was executed on January 11, 2017 with Geodis USA Inc. Following the execution of FTZ Operating Agreetment No. 13-3114, Geodis USA Inc. changed its name to Geodis USA LLC, and this corporate name change requires a new operating agreement between the Harbor Department and the operator. The proposed Operating Agreement will incorporate the name change and if approved by the Board, will remain in effect for five years with three renewal periods for five years each. The Agreement will not require funding by the Harbor Department and if approved, the Harbor Department will receive $7,750 annually from Geodis.
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 Foreign Trade-Zone Operating Agreement between the City of Los Angeles Harbor Department and Geodis USA, LLC; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of a First Amendment to Agreement No. E7083 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and R.P. Laurain & Associates, Inc. for appraisal services. The proposed amendment will extend the term of the Agreement by one year, from August 23, 2021 to August 23, 2022, for a total aggregate term of two years. The extension will provide staff additional time to complete the appraisal process set forth in Permit No. 999 with China Shipping (North America) Holding Co., Ltd. (China Shipping) as part of the compensation reset for the period of June 28, 2020 to June 27, 2025. The First Amendment does not alter the compensation amount. Payment of professional fees rendered under the proposed First Amendment 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 First Amendment to Agreement No. E7083 with R.P. Laurain & Associates, Inc., extending the term of the Agreement by one year, for a total term of two years (August 24, 2020 to August 23, 2022); (3) authorize the Executive Director to execute the Board Secretary to attest to the First Amendment to Agreement No. E7083; and (4) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of an agreement between the City of Los Angeles Harbor Department (Harbor Department) and Convergint Technologies, LLC (Convergint), Orange, California, to provide professional services to assist the Harbor Department with the maintenance and repair of equipment related to the security systems at the World Cruise Center (WCC) on an as-needed basis. The systems include Closed Circuit Television (CCTV) and access control readers. The scope of this agreement also includes system upgrades (hardware and software) that may be needed in order to enhance system performance or add to the system's overall capabilities. The term of the proposed agreement will be one year with two, one-year renewal options at a cost of $100,000 per year, or $300,000 in aggregate if all options are exercised. Payment of expenses incurred under the proposed Agreement will be the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) and Section 2(d) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, there are no City employees available to perform the work being proposed for contracting; (3) award the one year agreement (with two renewal options) to Convergint Technologies, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests approval of Purchase Order Change #2 to add twelve months to contract term for Annual Contract (Bid No. F-1042), Contract No. 39884 with Unisource Solutions for the purchase and installation of new Haworth, Inc. modular office furniture systems for the 4th and 5th floors at the Harbor Administration Building (HAB). Approval of the proposed Purchase Order Change would not change the existing contract amount of $4,092,361.36. Payment of expenses incurred under the Purchase Order would 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) find that in accordance with the Los Angeles City Charter Section 1022, the services proposed to be contracted could be more feasibly performed by an outside contractor than by City employees; (3) approve Purchase Order Change #2 to exercise renewal clause for 2nd year option to add twelve months to contract term for Annual Contract (Bid F-1042), Contract No. 39884 with Unisource Solutions for the purchase of new Haworth, Inc. office furniture systems to replace the 4th and 5th floor workspaces of the Harbor Administrative Building (HAB); (4) authorize the Executive Director to execute and Board Secretary to attest to the said systems furniture Purchase Order Change #2 for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests the Board of Harbor Commissioners (Board) adopt a Resolution approving Amendment No. 2 to Agreement No. 18-3618 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Mark Thomas & Company, Inc. (Consultant) of Irvine, California, to prepare Plans, Specifications, and Estimates (PS&E) for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). The original agreement was approved by the Board on November 15, 2018, for the amount of $2,999,986. Amendment No. 2 will add four years to the term of the agreement for a revised total term of seven years and no change in total compensation. Payment of expenses incurred under this agreement 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) find that in accordance with the City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve Amendment No. 2 to Agreement No. 18-3618 between the City of Los Angeles Harbor Department and Mark Thomas & Company, Inc. to prepare and complete the Plans, Specifications, and Estimates for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project utilizing the same Engineer of Record by adding four years to the term of the agreement; (4) direct the Board Secretary to transmit Amendment No. 2 to Agreement No. 18-3618 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 to said Amendment for and on behalf of the Board; and (6) adopt Resolution No.____________.
Regular Item No. 9
Port Police
Summary: Staff requests approval of a First Amendment to Agreement No. 20-3760 (Agreement). The Agreement is for the purchase and installation of an Emergency 9-1-1 Public Safety Answering Point (PSAP) solution for the City of Los Angeles Harbor Department (Harbor Department) operated by the Port Police Division. The Harbor Department purchased the above referenced system and services as an eligible purchaser under the State of California, Governor’s Office of Emergency Services, 911 Systems and Services Contract Agreement (CA) with Pacific Bell Telephone Company dba AT&T California, AT&T Wholesale, AT&T Datacom (AT&T). The Board of Harbor Commissioners (Board) approved the Agreement on June 18, 2020. The First Amendment is necessary to add hardware, software, and services to support the additional required functionality for emergency call boxes and elevator phones that is not available in the Motorola Vesta 9-1-1 PSAP solution previously approved in the Agreement (See Transmittal 1). This action will authorize an additional $62,495.50 for a total amount not to exceed $305,009.39. The proposed added funds will include hardware, software, services, and a two-year warranty for maintenance and support that will run concurrently with the two-year warranty period of the Agreement. Payment of expenses incurred under the Agreement 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 categorically exempt from the requirements of the California Environmental Quality Act under Article III Class 3(4) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided are of a professional, expert, technical and of a temporary and occasional nature, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the proposed specialized work; (3) find that in accordance with the Los Angeles City Charter Section 1022 and Los Angeles Administrative Code Section 10.15(a) (10) the proprietary nature of 9-1-1 PSAP technology, particularly the software, limits the availability of specialized expertise to only the particular 9-1-1 system vendor. Additionally, AT&T is the jurisdictional provider for landline telecommunications in the Los Angeles Harbor District (LAHD) and the desire to utilize the same public safety system as the “primary” PSAPs of the Los Angeles Police Department (LAPD), Long Beach Police Department (LBPD), Los Angeles County Sheriff’s Department (LASD), and the California Highway Patrol (CHP), would make it undesirable and/or impractical to utilize another system or vendor; (4) approve the First Amendment to Agreement No. 20-3760 providing additional funds in the amount of $62,495.50 and the additional equipment and services necessary for increased system functionality; (5) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 20-3760; and (6) adopt Resolution No.____________.
L. 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 Harbor Department, et al., United States District Court Case No. 2:20-cv-03251
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 Harbor Department, et al., Los Angeles Superior Court Case No. 20STCV15500
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. BS070017
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.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
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 Permit 900 with WWL Vehicle Services Americas, Inc.:
Property: 500 East Water Street, Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Peter Bresnee
Negotiating Parties: City and WWL Vehicle Services Americas, Inc.
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 a proposed permit with Pasha Stevedoring & Terminals, LP:
Property: Berths 206-209 & Berths 174-181, Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Jay Bowden
Negotiating Parties: City and Pasha Stevedoring & Terminals, LP
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 892 with Tri‑Marine Fish Company, LLC:
Property: 220 Cannery Street, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Anthony Vuoso
Negotiating Parties: City and Tri-Marine Fish Company, LLC
Under Negotiation: Price and Terms
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 899 with Pacific Battleship Center:
Property: Berths 88-89, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Johnathan Williams
Negotiating Parties: City and Pacific Battleship Center
Under Negotiation: Price and Terms
11. 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
12. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Executive Director
M. Adjournment