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, AUGUST 5, 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. 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
- Audit Committee of July 15, 2021
G. Approval of the Minutes
- Regular Meeting of July 15, 2021
H. Presentation
1. Retirements
2. Air Quality Monitoring Station Overview
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
Construction and Maintenance
Summary: Staff requests approval of Contract No. 39948 with American Power Systems, LLC (APS) of Kent, Washington for the purchase and installation of uninterruptible power supply (UPS) power cells for the Port Police Headquarters. The amount of this agreement shall not exceed $311,630, and the contract will continue until this project is complete since this is a one-time purchase order. 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 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 Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) approve Contract No. 39948 with American Power Systems, LLC in the amount of $311,630; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39948 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of a Memorandum of Agreement (MOA) among the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (collectively “Ports”), Union Pacific Railroad Company (UP), BNSF Railway Company (collectively “Railroads”) and Alameda Corridor Transportation Authority (ACTA) for the Dolores Yard Crossover Project (Project) located in the City of Carson. The Project consists of a new crossover rail connection to/from the Alameda Corridor at the south end of the UP owned Dolores (rail) Yard. Rail crossovers are additional rail that allow trains to move from one railroad track to another. The Project will improve rail cargo movement operations to/from the Ports and on the Alameda Corridor. The parties above entered into an Amended and Restated Alameda Corridor Use and Operating Agreement (UOA), dated December 15, 2016, that governs the use and operations of the Alameda Corridor. The proposed MOA is required to address the specific details on this Project, including but not limited to the design and construction, operations, maintenance and repair, and UP’s sole responsibility to bear all costs associated with the Project. This MOA requires approval from the Board of Harbor Commissioners of both Ports. The Port of Long Beach Board of Harbor Commissioners approved this MOA at its meeting on June 28, 2021.
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 CEQA in accordance with Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Memorandum of Agreement among City of Los Angeles Harbor Department, Port of Long Beach, Union Pacific Railroad Company, BNSF Railway Company, and Alameda Corridor Transportation Authority; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Agreement on behalf of the Board; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 21-08 (Revocable Permit) with Pasha Stevedoring & Terminals, L.P. (Pasha) for the use of 46,516 square feet (1.07 acres) of land located at Pier 300, Terminal Island on a month-to-month basis, subject to termination by either party with 30 days’ written notice. Under the proposed Revocable Permit, rent would remain at the current space assignment rate of $0.28 per square foot per month ($13,024.48 per month), increase to $14,885.12 per month effective January 1, 2022, and increase by the greater of two percent or the Consumer Price Index (CPI) effective July 1, 2023. Assuming an effective date of September 1, 2021, the proposed Revocable Permit will yield $171,178.88 in Year 1 and $179,216.84 in Year 2.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally exempt and previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 1 and Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (3) approve Revocable Permit No. 21-08 with Pasha; (4) authorize the Executive Director to Execute and the Board Secretary to attest to Revocable Permit No. 21-08; and (5) adopt Resolution No._____________.
Port Police
Summary: Staff requests approval of a First Amendment to Agreement C1870612-35788 (Agreement) between the State of California Department of Parks and Recreation, Division of Boating and Waterways (DBW) and the City of Los Angeles Harbor Department (Harbor Department) for reimbursement of costs associated with law enforcement boating training classes being conducted at the Maritime Law Enforcement Training Center (MLETC). The proposed First Amendment will extend the contract completion date of the Agreement until September 26, 2022. This extension will allow for unused, previously allocated, State of California funding to be utilized. Under this Agreement, the DBW will continue to reimburse the Harbor Department for training of police officers from agencies within the State of California.
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 Agreement C1870612-35788 between the Harbor Department and the State of California Department of Parks and Recreation; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Executive Office
Summary: Staff requests approval of an Amendment to the Harbor Community Benefit Foundation’s (HCBF) bylaws which would extend the maximum number of two-year terms a Director may serve from three to four, provided such amendment shall not apply to the term of a current Director beyond that for which such Director was elected. Currently, each Director term is for two years, with a three-term limit. The HCBF’s existing Bylaws require the Board to approve Bylaws amendments, and also include this provision: “No amendment may amend the term of a Director beyond that for which such director was elected.” Approval of the proposed Amendment is not anticipated to have a financial impact on 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 the HCBF Bylaws state, at Section 15.1 (b): “No amendment may amend the term of a Director beyond that for which such director was elected”; (3) find that the California Government Code Section 5220 (a) states: “An amendment of the articles or bylaws may not extend the term of a director beyond that for which the director was elected, and any bylaw provision increasing the terms of directors may not be adopted without approval of the members”; (4) approve Harbor Community Benefit Foundation’s bylaw amendment increasing the number of terms a Director may serve, to a maximum of four terms, provided such amendment shall not apply to the term of a current Director beyond that for which such Director was elected; and (5) adopt Resolution No.____________.
Accounting
Summary: Staff requests approval of an agreement with Moss Adams LLP (Moss Adams), independent certified public accountants headquartered in Los Angeles, California, to perform annual financial statement audits and single audits of the City of Los Angeles Harbor Department (Harbor Department). In addition, the auditors will perform other financial auditing services, including the audit of the financial statements of Los Angeles Harbor Improvement Corporation (LAHIC) and upon request, provide expert accounting opinions regarding significant accounting policies. The proposed agreement is for a three year period not-to-exceed the amount of $404,900. The Harbor Department will be financially responsible for payment of 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) find that in accordance with City of Los Angeles Charter Section 1022, the services under the subject professional services agreement are of a professional, expert, and technical nature, which can only be performed by an independent , licensed certified public accounting firm; (3) find that it is in the best interest of the City of Los f:\ngeles Harbor Department to deviate from Article 9: Indemnification from the standard provisions of the Harbor Department personal services agreement to align with the independence rule of the American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct (AICPA Professional Standards) and guidance from Government Finance Officers Association (GFOA); (4) approve the Agreement with Moss Adams LLP for a three-year period not-to-exceed the amount of $404,900; (5) authorize the Executive Director or designee to execute the Agreement and the Board Secretary to attest to the Agreement ; and (6) adopt Resolution No.____________.
Regular Items (7 & 8)
Environmental Management
Summary: Staff requests approval of a proposed Memorandum of Understanding (MOU) among the City of Los Angeles Harbor Department (Harbor Department), the Port of Long Beach (POLB) and the South Coast Air Quality Management District (SCAQMD) to fund a Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) project to design, develop, and demonstrate an at-berth emissions capture and control system for tanker vessels calling at the ports of Los Angeles and Long Beach (Ports). SCAQMD has received a preliminary grant award from the California Air Resources Board (CARB) for $9,500,000 to support this project. STAX Engineering Inc. (STAX) will conduct a safety assessment, design, and build the barge-based system, and perform the demonstration at POLB on a minimum of five different vessel classes. The total project cost is $12,849,000. The total requested TAP funding amount is $666,667 to be split equally between the Harbor Department and POLB. The SCAQMD is the project manager and administrator of the project. The Harbor Department is financially responsible for $333,334 under this proposed MOU.
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 Memorandum of Understanding among the City of Los Angeles Harbor Department, the Port of Long Beach and the South Coast Air Quality Management District in the amount of $333,334 and for a term of up to three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Memorandum of Understanding for and on behalf of the Board; and (4) adopt Resolution No.____________.
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.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Environmental Compliance Solutions, Inc., et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 21STCV02498
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.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
4. 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)
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 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: (two cases)
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 692 with Yusen Terminals, LLC:
Property: Berths 212-223, Terminal Island
City Negotiators: Michael DiBernardo, Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals, 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 Revocable Permit 95-25 with Dow Chemical Company:
Property: Anaheim Street and Pennington Avenue, Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Vanessa Sterling-Greenwood
Negotiating Parties: City and Dow Chemical Company
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
L. Adjournment