Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Assembly Bill 361 approved by Gov. Newsom on September 16, 2021.
- The Board of Harbor Commissioners will participate by video conference.
- 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).
- 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. 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. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
- Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine whether such period of time should be reduced or extended based upon such factors as the length of the agenda or substance of the agenda items, the number of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable, and whether the Board is at risk of losing a quorum, among other factors. Upon request, non-English speakers will be granted additional speaking time for translation assistance.
- 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 prior to 4:00pm on the day before the scheduled meeting.
- NOTICE TO PAID REPRESENTATIVES - If you are compensated to monitor, attend, or speak at this meeting, City law may require you to register as a lobbyist and report your activity. See Los Angeles Municipal Code 48.01 et seq. More information is available at ethics.lacity.org/lobbying. For assistance, please contact the Ethics Commission at (213) 978-1960 or [email protected].
- As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required.
- If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
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 Meeting of December 2, 2021
G. Approval of the Minutes
None.
H. Presentation
None.
I. Level I Coastal Development Permit
The Executive Director has issued one (1) Level I CDP:
J. Board Reports of the Executive Director
Consent Item No. 1
Commission Office
1. RESOLUTION NO. ____________ - FINDINGS TO CONTINUE TELECONFERENCE MEETINGS PURSUANT TO AB 361
Recommendation: Board resolve to (1) adopt subject Resolution No. __________.
Regular Items (2 – 5)
Construction
Summary: Staff requests approval of Change Order No. 3 to Contract No. 2315 (Contract) with Sully-Miller Contracting Company (Contractor) for the not-to-exceed amount of $1,500,000. Change Order No. 3 authorizes the Contractor to perform the work shown within the Delta 1 drawings and specifications, which includes revisions to the hardscape, sewer force main, storm drain, street lighting, and electrical systems. The Contract for the Wilmington Waterfront Promenade and Building Demolition project (Project) was approved by the Board of Harbor Commissioners on August 20, 2020 in the amount of $51,900,020, plus a 10% contingency in the amount of $5,190,002, for a total authorization of $57,090,022. The Harbor Department is financially responsible for expenses under this Contract.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed actions are administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) and Section 2(f) of the Los Angeles City CEQA Guidelines; (2) Find that in accordance with City Charter Section 1022, work covered under the Change Order can be performed more feasibly by an independent contractor rather than by City employees; (3) Approve and authorize the Executive Director to execute Change Order No. 3 for a not-to-exceed amount of $1,500,000; and (4) Adopt Resolution No. ______________.
Construction
Summary: Staff requests approval of Change Order No. 4 to Contract No. 2315 (Contract) with Sully-Miller Contracting Company (Contractor) for the not-to-exceed amount of $2,000,000, and that the authorized contingency be increased to 15%. Change Order No. 4 authorizes the Contractor to perform grading and site preparation for cargo container congestion relief at various locations throughout the Port of Los Angeles. The Contract for the Wilmington Waterfront Promenade and Building Demolition project (Project) was approved by the Board of Harbor Commissioners on August 20, 2020 in the amount of $51,900,020, plus a 10% contingency in the amount of $5,190,002, for a total authorization of $57,090,022. If the proposed request is approved, the contingency would increase by $2,595,001 to $7,785,003, and the total authorization would increase by a commensurate amount from $57,090,022 to $59,685,023. The Harbor Department is financially responsible for expenses under this Contract.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed actions are administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) and Section 2(f) of the Los Angeles City CEQA Guidelines; (2) Find that in accordance with City Charter Section 1022, work covered under the Change Order can be performed more feasibly by an independent contractor rather than by City employees; (3) Approve and authorize the Executive Director to execute Change Order No. 4 for a not-to-exceed amount of $2,000,000; (4) Increase the contingency percentage from 10% to 15% for a total approved contingency of $7,785,003 and total authorization of $59,685,023; and (5) Adopt Resolution No. ______________.
Goods Movement
Summary: Staff requests that the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement, via a Notice of Mutual Agreement (NMA), for the Calendar Year (CY) 2022 Alameda Corridor (AC) Maintenance of Way (MOW) and Operations and Maintenance (O&M) budget, in the total amount of $20,594,070. Funding for this budget is provided by the BNSF Railway (BNSF), the Union Pacific Railroad (UPRR), and the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There are no financial impacts to the Harbor Department if this NMA is approved.
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 and provide Mutual Agreement for the CY 2022 Alameda Corridor Maintenance of Way and Operations and Maintenance budget in the total amount of $20,594,070; (3) Authorize the Executive Director or designee with delegated authority to approve subsequent Mutual Agreements for the allocation and use of contingency funds within the total budget, and for the transfer of funds from/to Maintenance of Way budget items as needed; (4) 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 (5) Adopt Resolution No. _________________.
Environmental Management
Summary: Staff requests approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the City of Long Beach, acting through their Harbor Department (POLB) (collectively “Ports”), to share costs for the Clean Truck Program (CTP) Terminal Access Center (TAC). POLB has been providing the property for eight years and has recently requested the Harbor Department to help subsidize the cost of the property. The land rent is in line with POLB space assignment rates in their tariff. The TAC site is located at 1265 Harbor Avenue, Long Beach on land owned by the City of Long Beach. The expenses to be shared by the Ports include the land rental value and fence value for the TAC site, operational costs, office lease costs, and power costs for the location. The Harbor Department will be financially responsible to pay POLB for half of the expenses incurred to operate the TAC. Staff currently anticipates TAC operating expenses to be $16,225 per month ($194,700 per year) as long as the CTP TAC remains at the current site or as otherwise agreed by the Ports in writing.
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 Agreement with the City of Long Beach to share costs for the Clean Truck Program Terminal Access Center; (3) Authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) 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:
(two 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)
K. (Continued)
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 Permit 733 with Fenix Marine Services, Ltd.:
Property: 614 Terminal Way, San Pedro
City Negotiators: Marisa Katnich
Tenant Negotiator: Sean Pierce
Negotiating Parties: City and Fenix Marine Services, Ltd.
Under Negotiation: Price and Terms
K. (Continued)
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 Revocable Permit 07-15 with Al Larson Boat Shop:
Property: 1046 Seaside Avenue, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Jack Wall
Negotiating Parties: City and Al Larson Boat Shop
Under Negotiation: Price and Terms
K. (Continued)
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to proposed Permits and Settlement Agreement with Pasha Stevedoring & Terminals, L.P.:
Property: Berths 174-181, Wilmington
Berths 206-209, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Jay Bowden
Negotiating Parties: City and Pasha Stevedoring & Terminals, L.P.
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 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