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, MARCH 10, 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 24, 2022
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Item No. 1
Cargo Marketing
Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4, (Tariff No. 4) approving (i) a rate increase of 9.4 and 11.8 percent applicable to the respective petroleum products; (ii) a note to the Merchandise Not Otherwise Specified (NOS) rate stating that any change in the Merchandise NOS rate shall be offset by any scheduled increase in the compensation section of a container terminal permit; (iii) a definition in Section 1 of Tariff No. 4 defining a “Scheduled Increase in Compensation”; and (iv) the deletion of rated tariff items which are no longer relevant, effective January 1, 2022. Staff estimates that the proposed petroleum products’ tariff increases will generate $326,292 in additional revenues during Fiscal Year (FY) 2022. The financial impact of the note added to the Merchandise NOS rate can be determined when an actual increase in that rate would take place. At the November 4, 2021, Board of Harbor Commissioners (Board) meeting, the Board approved Temporary and Permanent Orders amending Port of Los Angeles Tariff No. 4, Items 550-600 through 550-625; and deleting Item 550-650, Items 550-902 through 550-975, Items 560-001 through 560-975, and Item 1220. Changes in the Tariff require City Council approval. The City Council has not calendared and approved the Permanent Order and Ordinance. Therefore, a second Temporary Order is proposed to allow additional time for the Permanent Order to pass through the City Council approval process. This second Temporary Order, if approved, will expire in 90 days after the day it is published or upon execution of the Permanent Order by the City Council, whichever occurs first.
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(31) of the Los Angeles City CEQA Guidelines; (2) adopt a second Temporary Order No. ____________ to amend Port of Los Angeles Tariff No. 4 adding a definition to Section One “Definitions”; increasing rates to Section Five “Wharfage”, Items 550-600 through 550-625; and deleting Item 550-650, Items 550-902 through 550-975, Items 560-001 through 560-975, and Item 1220; (3) authorize the Board Secretary to certify the adoption of a second Temporary Order by the Board of Harbor Commissioners and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (4) adopt Resolution No.___________.
Regular Item No. 2
Information Technology
Summary: Staff is requesting approval to award Contract No. 39966 to Mythics, Inc. (Mythics) for the purchase of Oracle Corporation (Oracle) products and services for the Oracle Enterprise Resource Planning (ERP) Cloud Migration project. This includes Oracle software subscriptions, licenses, training, maintenance, and related products and services needed to 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 Contract is three years and the not-to-exceed amount is $2,949,429. The proposed Contract 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 Mythics is based on the competitive Request for Proposal (RFP) process performed by Maricopa County, Arizona (Maricopa County) for its Contract No. 180233-002. Other City of Los Angeles departments that joined the Maricopa County contract include the Los Angeles World Airports and the Housing Authority of the City of Los Angeles. Expenditures incurred under the proposed 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) find that in accordance with Los Angeles Administrative Code Section 10.15(a)(8), the City may enter into the proposed contract based on the terms and conditions of Contract No. 180233-002 between Maricopa County and Mythics; (3) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the standard provisions of the Harbor Department contract for Section 8: Default by Supplier, Section 10: Inspection, Section 19: Contractor’s Liability, and Section 20: Patent Rights; (4) approve Contract No. 39966 with Mythics for Oracle cloud software subscriptions, licenses, and related products and services for a not-to-exceed compensation amount of $2,949,429 and a term of three years; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Contract for and on behalf of the Board; and (6) 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 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
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 Revocable Permit 14-15 with Ports America Cruise, Inc.:
Property: Berths 93, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Steve Loevsky
Negotiating Parties: City and Ports America Cruise, Inc.
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 92-12 with SGS US West Coast, LLC:
Property: Berths 60, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Hugh Healey
Negotiating Parties: City and SGS US West Coast, LLC
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 Revocable Permit 16-14 with PBF Energy Western Region, LLC:
Property: Subsurface pipeline right-of-ways located under various parcels in Wilmington, which consist of Parcel Nos. 4,5 and 6 and delineated and more particularly described on Drawing 1- 1247-2, which is on file in the office of the Chief Harbor Engineer of the Harbor Department
City Negotiator: Michael Galvin
Tenant Negotiator: Jeffrey Dill
Negotiating Parties: City and PBF Energy Western Region, LLC
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 10-11 with General Petroleum, LLC:
Property: Berth 259, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiators: Jack Aguirre and Andy Edwards
Negotiating Parties: City and General Petroleum, LLC
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 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
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 953 with Everglades Company Terminal, Inc.:
Property: Berths 121-127, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Ammar Kanaan
Negotiating Parties: City and Everglades Company Terminal, Inc.
Under Negotiation: Price and Terms
L. Adjournment