OCTOBER 12, 2021
NOTICE
BOARD MEETING TIME CHANGE
SPECIAL BOARD MEETING – THURSDAY, OCTOBER 21, 2021
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, OCTOBER 21, 2021
The Los Angeles Board of Harbor Commissioner are virtually scheduled to meet on Thursday, October 21, 2021 at 12:00pm.
This Special Meeting is in lieu of their previously scheduled Regular Meeting at 9:00am on the same date.
AMBER M. KLESGES
Commission Secretary
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
SPECIAL MEETING AGENDA
OCTOBER 21, 2021 AT 12:00 PM
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.
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
None.
G. Approval of the Minutes
- Special Meeting of September 23, 2021
- Regular Meeting of October 7, 2021
H. Presentation
I. Level I Coastal Development Permit
None.
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Environmental Management
Summary: Staff requests approval of First Amendments to Agreement Nos. 19-3699 and 20-3737 to change the consultant name from Ramboll US Corporation (Ramboll) to Ramboll US Consulting, Inc. Ramboll was awarded Agreement No. 19-3699 on October 24, 2019, to provide as-needed CEQ/NEPA services and special studies. The Agreement was approved for a three-year term for an amount not-to-exceed $4,500,000. Ramboll was awarded Agreement No. 20-3737 on April 7, 2020, to provide as-needed Air Quality services and special studies. The Agreement was approved for a three-year term for an amount not to exceed $1,000,000. As of October 1, 2020, the company changed its name to Ramboll US Consulting, Inc. to reflect the acquisition of O’Brien & Gere. This action is solely administrative in nature to reflect the company name change. All other terms and conditions of the agreements remain unchanged. The City of Los Angeles Harbor Department (Harbor Department) will continue to be responsible for expenses incurred under these Agreements.
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. 19-3699 to reflect company name change to Ramboll US Consulting, Inc.; (3) approve the First Amendment to Agreement No. 20-3737 to reflect company name change to Ramboll US Consulting, Inc.; (4) authorize the Executive Director and the Board Secretary to execute and attest to said First Amendment to Agreement No. 19-3699 and Agreement No. 20-3737 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the First Amendment to Agreement No. 19-3685 with the National Renewable Energy Laboratory (NREL) to extend the term of Agreement No. 19-3685 to February 27, 2023, to continue data collection and analysis for the “Shore to Store” grant project (S2S Project) funded by the California Air Resources Board (CARB). On March 7, 2019, the Board of Harbor Commissions (Board) approved Agreement No. 19-3639 between the California Air Resources Board (CARB) and the City of Los Angeles Harbor Department (Harbor Department), with CARB granting the amount of $41,122,260 to the Harbor Department to administer the S2S Project as Project Manager. On March 23, 2021, the Board approved an amendment to extend the S2S Project following schedule delays associated with the COVID-19 pandemic. In order to align with the extended S2S Project timeline, a no-cost term extension to the NREL Agreement No. 19-3685 is necessary. Approval of the proposed Amendment will have no financial impact on the Harbor Department as CARB will continue to reimburse the Harbor Department for these costs up to $592,260 incurred through February 27, 2023.
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 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement No. 19-3685 between the City of Los Angeles Harbor Department and the National Renewable Energy Laboratory (NREL) to extend NREL’s period of performance of the Shore to Store Demonstration Project to February 27, 2023, with no other revisions; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Agreement No. 19-3685 with the National Renewable Energy Laboratory for and on behalf of the Board; and (4) adopt Resolution No.____________.
Goods Movement
3. RESOLUTION NO. ____________ - APPROVAL OF NOTICE OF MUTUAL AGREEMENT FOR NEW ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY DISPATCHING AGREEMENT
Summary: Staff requests that the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement, via a Notice of Mutual Agreement (NMA), which enables the Alameda Corridor Transportation Authority (ACTA) to execute a new Alameda Corridor (AC) Dispatching Agreement with the BNSF Railway (BNSF) and Union Pacific Railroad (UPRR). This new NMA and subsequent new Dispatching Agreement formally establishes the lead role for the AC dispatching for the next ten years; the BNSF in the lead role for the first five years (commencing no later than April 15, 2022 to April 14, 2027), followed by the UPRR (April 15, 2027 to April 14, 2032). The current ACTA Dispatching Agreement, with the UPRR in the lead role, expires on April 14, 2022. The Alameda Corridor (AC) Use and Operating Agreement (UOA) requires that the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (POLB), BNSF, and UPRR collectively select the AC train operations dispatcher via an NMA. There are no financial impacts to the Harbor Department if this NMA is approved and a new Dispatching Agreement is executed.
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 NMA 2021-5 that enables ACTA to execute a new Dispatching Agreement with the BNSF and UPRR, for a term of ten years; (3) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.
City Attorney
4. RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND WEST PUBLISHING CORPORATION
Summary: The Office of the City Attorney (Office) requests that the Board of Harbor Commissioners (Board) approve a professional services agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and West Publishing Corporation (Westlaw) for computer assisted legal research services. The Agreement is for a term of three (3) years for an amount not to exceed $138,282. The Harbor Department is financially responsible for payment for legal research 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) approve a Professional Services Agreement with West Publishing Corporation for a total Agreement term not to exceed three (3) years and a maximum amount not to exceed $138,282; (3) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (4) adopt Resolution No.___________.
Regular Items (5 & 6)
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Environmental Management
Summary: Staff requests consideration of an Addendum to the San Pedro Waterfront Final Environmental Impact Report /Environmental Impact Statement (EIR/EIS) for the San Pedro Waterfront Project (SPWP) and approval of the Housing Authority of the City of Los Angeles (HACLA) Harbor Boulevard Parkway Improvements Project (Project). This Addendum modifies the originally assessed SPWP by removing existing rail, ties, ballast, Waterfront Red Car Line (WRCL) poles, and fencing, constructing a park space in place of the removed rail, and converting portions of the existing Los Angeles Waterfront’s Harbor Boulevard Parkway into improved hardscaping and landscaping spaces. No significant environmental impacts are expected from these modifications. These actions are being conducted in partnership with HACLA as outlined in a Memorandum of Understanding (MOU), approved by the Board on April 15, 2021. The process outlined in the MOU first involves Board approval of the Project, CEQA approval, and other permits to secure funding from the U.S. Department of Housing and Urban Development (HUD). The City of Los Angeles Harbor Department (Harbor Department) is not required to commit resources under the MOU until final HUD approval is secured and is incorporated into a restated and amended MOU, subject to Board discretion. Costs associated with the preparation of the Addendum are anticipated to be approximately $5,000 in staff time and would be borne by the Harbor Department. This action by the Board of Harbor Commissioners (Board) neither authorizes any expenditures related to the Project modifications nor commits the Harbor Department to complete them.
Recommendation: Board resolve to (1) consider the Addendum to the previously adopted Final Environmental Impact Report/ Environmental Impact Statement for the San Pedro Waterfront Project; (2) approve the Harbor Boulevard Parkway Improvements Project, subject to Final Project approval by the United States Department of Housing and Urban Development and subsequent execution of an amended and restated Memorandum of Understanding between Housing Authority of the City of Los Angeles and the City of Los Angeles Harbor Department; (3) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15164, the Housing Authority of the Housing Authority of the City of Los Angeles Harbor Boulevard Parkway Improvements Project will not result in any significant environmental effects or substantially more severe effects than previously analyzed in the adopted Final Environmental Impact Report/Environmental Impact Statement for the San Pedro Waterfront Project; (4) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; and (5) adopt Resolution No.___________.
K. Closed Session
1. 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
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.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
3. 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:
(three cases)
4. 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: (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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 96-13 with American Marine Corp.:
Property: 1500 S. Barracuda St., Terminal Island
City Negotiators: Marisa Katnich
Tenant Negotiator: Robert Shahnazarian
Negotiating Parties: City and American Marine Corp.
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 882 with Millennium Maritime, Inc.:
Property: Berth 301, 1610 S. Barracuda St., Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: John Saltsman
Negotiating Parties: City and Millennium Maritime, 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 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