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, FEBRUARY 24, 2022 AT 9:00 A.M.
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
- Regular Meeting of February 10, 2022
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 5)
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Port Police
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for aerial support services to be conducted by the LAPD on behalf of the Harbor Department. These services are required in order for the Port Police to conduct critical missions including port security, public safety, and environmental protection. The intent of this MOA is to memorialize the understanding between the Harbor Department and the LAPD regarding the terms of the provided services and the reimbursement payments. The proposed MOA is for a three-year term not to exceed $405,000. The MOA will 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 proposed MOA between the Harbor Department and the Los Angeles Police Department; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Revocable Permit No. 07-15 between Al Larson Boat Shop (ALBS) and the City of Los Angeles Harbor Department (Harbor Department). The proposed First Amendment adds 58,500 square feet of paved land to the premises located at 1046 Seaside Avenue on Terminal Island. As a result of this Amendment, monthly rent would increase from $30,136 to $36,136.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 1 and Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Revocable Permit No. 07-15 with Al Larson Boat Shop; (3) find that entering into this Amendment is in the best interest of the City of Los Angeles despite exception to the City of Los Angeles Harbor Department’s Leasing Policy, Section VIII concerning the rate of return policy; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Revocable Permit No. 07-15; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Agreement E7119 (Agreement) between Cal Pacific Land Services, Inc. (Cal Pacific) and the City of Los Angeles Harbor Department (Harbor Department) to extend the term for a period of two years, for a total aggregate term of three years. The new expiration date will be March 31, 2024. Under the Agreement, Cal Pacific manages a seven-mile stretch of rail right-of-way that spans from Wilmington to San Pedro along Harry Bridges Boulevard and Harbor Boulevard, which is inclusive of 120 rail crossing lease agreements. The stretch of property was previously jointly owned by the Port of Los Angeles (POLA) and Port of Long Beach (POLB). POLB transferred its 50 percent interest to POLA under the 2019 Property Exchange Agreement between POLA and POLB (Board Resolution No.19-3536). Because POLA assumed responsibility of this property and associated lease agreements, the Harbor Department retained Cal Pacific through a competitive process to serve as an extension of staff to perform property management services. The proposed term extension will provide staff additional time to transition property management duties from the consultant to Harbor Department staff. Other than extending the term of the Agreement from one to three years, there are no other changes contemplated under this First Amendment. Expenditures under the Agreement may not exceed $100,000.
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 Class or Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement No. E7119 between the City of Los Angeles and Cal Pacific Land Services, Inc. to extend the expiration date to March 31, 2024; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Agreement No. E7119; and (4) adopt Resolution No.___________.
Environmental Management
Summary: Staff requests approval of the Second and Third Amendments to California Energy Commission (CEC) Grant Agreement No. 17-3532 (Agreement) for the Port of Los Angeles’ Everport Advanced Cargo Handling Demonstration Project (Project). The Second Amendment is requested to correct an error that occurred in the total grant funding amount identified in the First Amendment, and the Third Amendment will modify the project schedule and extend the term of the Agreement until March 31, 2023. The update to the project schedule and extension to the term of the Agreement are due to COVID-19 related delays in the project timeline. All other terms and conditions of the Agreement remain the same, including the overall project costs and participant commitments. Under the grant, the City of Los Angeles Harbor Department (Harbor Department) is financially responsible for $2,000,000 for electrical infrastructure development, which is expected to be complete in March 2022.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the Second and Third Amendments to Agreement No. 17-3532 between the City of Los Angeles Harbor Department and the California Energy Commission for the Port of Los Angeles’ Everport Advanced Cargo Handling Demonstration Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Second and Third Amendments to Grant Agreement No. 17-3532 with the California Energy Commission for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Item No. 6
Information Technology
Summary: Staff requests approval to enter into an Agreement with NITI Systems Consultants, Inc. (NITI) for system integration and support services for the Oracle Enterprise Resource Planning (ERP) Cloud Migration project. This project will migrate the City of Los Angeles Harbor Department’s (Harbor Department) existing on-premise Oracle E-Business Suite ERP (EBS) system to the Oracle Fusion Cloud ERP (ERP Cloud) system. Migrating to the Oracle ERP Cloud will provide improved functionality and government cloud security, and is necessary because of end-of-support for the existing Oracle EBS. The term of the proposed Agreement is three years and the not-to-exceed amount is $12,884,438. The proposed Agreement is one of several purchase agreements necessary for the ERP Cloud project. The other purchase agreements will be presented to the Board of Harbor Commissioners (Board) separately. The total cost of the ERP Cloud project is estimated to be $26,915,297, including $3,994,367 for existing Harbor Department staff working on the project. The recommendation to select NITI is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. NITI is a certified Small Business Enterprise (SBE). Therefore, 100% of the proposed Agreement will contribute towards the Harbor Department’s SBE objectives. Expenditures incurred under the proposed Agreement 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) find that, in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) approve the Agreement with NITI Systems Consultants, Inc. for system integration and support services for a not-to-exceed compensation amount of $12,884,438 and a term of three years; (4) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
K. 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)
City of Los Angeles v. Underwriters at Lloyds, London, et al., Los Angeles
Superior Court Case No. BC588876
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. The Travelers Indemnity Company, et al., United States
District Court Case No. 2:22-cv-00130
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.
Los Angeles Superior Court Case No. BS070017
5. 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
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 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)
8. 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)
9. 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