Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, DECEMBER 15, 2022 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.
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 Neighborhood Council representatives to provide remarks on Neighborhood Council Resolutions or Community Impact Statements filed with the City Clerk which relate to any agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.
E. Reports of the Commissioners
F. Board Committee Reports
• Audit Committee Meeting of December 1, 2022
• Alameda Corridor Transportation Authority Governing Board Meeting of December 8, 2022
G. Approval of the Minutes
• Special Meeting of November 17, 2022
• Regular Meeting of December 1, 2022
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 Items (1 – 6)
Office of the City Attorney
Transmittal 1
Summary: The Office of the City Attorney (Office) requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Liebert Cassidy Whitmore (Liebert) for legal services related to employment matters. The proposed Agreement is for a term of three years and maximum compensation of $350,000. The Harbor Department is 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 in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $350,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Joint Revocable Permit 21-09 (JRP) among the County of Los Angeles (L.A. County), the City of Los Angeles Harbor Department (Harbor Department), and the Port of Long Beach (POLB) as joint owners (collectively Ports), for two temporary construction platforms suspended above the Alameda Corridor. Under the JRP L.A. County will be allowed to construct and occupy two temporary platform areas totaling 140 square feet and 160 square feet each, suspended above the Ports’ railroad corridor for the purpose of repairing broken concrete bridge structures. This work is expected to be completed within 60 days of the effective date of the JRP. There will be no rent collected for this JRP because the entitlement is being issued for temporary maintenance construction purposes for the benefit and safety of the public. Furthermore, much of the bridge repair work will take place within areas containing easement rights held by L.A. County. This JRP requires approval from the Board of Harbor Commissioners of both Ports. The POLB Board of Harbor Commissioners approved this JRP at its meeting on March 14, 2022.
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 Section 15301 of the State CEQA Guidelines; (2) approve Joint Revocable Permit No. 21-09 among the County of Los Angeles and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 21-09; and (4) adopt Resolution No. _________________.
Waterfront & Commercial Real Estate
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the First Amendment to Agreement No. E7134 (Agreement) with AECOM Technical Services, Inc., (AECOM) to continue to provide consultant services to the City of Los Angeles Harbor Department (Harbor Department) for the Wilmington Marinas Plan (Plan). Agreement E7134 was for a one-year duration, and the not to exceed amount was $150,000. The proposed Amendment will extend the Agreement an additional six months to March 23, 2023. Compensation will not exceed the remaining $38,000 available under E7134. At the time of the expiration of the contract, a final report was being readied for management review.
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 in accordance with Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve and ratify the First Amendment to Agreement E7134 with AECOM Technical Services, Inc. to extend the term for an additional six months, through March 23, 2023, for a total term of eighteen (18) months; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment for and on behalf of the Board; and (5) adopt Resolution No. _____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 13-07 with GTR, Inc., pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. GTR, Inc. leases 12,699 square feet of warehouse space within Warehouse 1, at the rear of Berth 68 in San Pedro, for the storage of materials and supplies associated with the Tenant’s fuel solvent business. GTR, Inc. pays rent of $10,860.16 per month ($130,321.92 per year) to the Harbor Department. Rent is based on an estimated market value of approximately $10.26 per square foot annually for warehouse storage space. The last compensation reset was 2019. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis at current rates until the next CPI adjustment effective July 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 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 13-07 with GTR, Inc.; and (3) adopt Resolution No. _____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 14-15 with Ports America Cruise, Inc., pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Ports America Cruise, Inc. leases 4,100 square feet of storage space at Berth 93, 100 Swinford Street, San Pedro, for the storage, maintenance, and repair of stevedoring equipment. Ports America Cruise, Inc., pays rent of $1,964.58 per month ($23,574.96 per year) to the Harbor Department. Rent is based on an estimated market value of approximately $5.75 per square foot annually for warehouse storage space. The last compensation reset was August 2022. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis.
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(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 14-15 with Ports America Cruise, Inc.; and (3) adopt Resolution No. __________________.
Commission Office
Recommendation: Board resolve to (1) adopt Resolution No. ____________.
Regular Items (7 – 11)
Goods Movement
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement, via a Notice of Mutual Agreement (NMA) 2022-4, for the Calendar Year (CY) 2023 Alameda Corridor (AC) Maintenance of Way (MOW) and Operations and Maintenance (O&M) budget, in the total amount of $25,666,200.91. 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 2023 Alameda Corridor Maintenance of Way and Operations and Maintenance budget in the total amount of $25,666,200.91; (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. _________________.
Executive Office
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Amended Public Access Investment Plan (Amended Plan), which updates the 2015 Board of Harbor Commissioners (Board) approved ten-year budgetary guidelines for continued development and operations of the LA Waterfront at the Port of Los Angeles (Port) and Port-related public benefit programs. The 2022 Plan updates the original Plan, which is set to expire at the end of Fiscal Year 2024/2025. The Amended Plan continues the budgetary guideline to allocate ten percent (10%) of the City of Los Angeles Harbor Department’s (Harbor Department) annual Operating Income to build LA Waterfront public access projects, with the added clarification that purpose-directed funds collected from third parties be excluded from Operating Revenue. Additionally, the Amended Plan aligns the public access project reporting and selection process with the Harbor Department’s five-year Capital Improvement Program and annual budget process to continue the Harbor Department’s commitment to investing in the LA Waterfront in a transparent, sustainable and predictable manner. Consistent with the Los Angeles City Charter, the Amended 2022 Plan will not limit future Board discretion or authority to revise the Amended Plan or budget allocations for public access projects and annual spending, which remain subject to Board approval through the annual budget process.
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 Amended Public Access Investment Plan; and (3) adopt Resolution No.____________.
Engineering
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of two Utility Agreements (Agreements), Agreement 1 between the City of Los Angeles Harbor Department (Harbor Department) and AT&T, Agreement 2 between the Harbor Department and LADWP-Water as part of the State Route 47/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). If approved, these Agreements will go into effect at the start of Project construction and will document operational and financial responsibilities related to the relocation of utilities within the Project development area. Approval of the proposed Agreements would authorize the Harbor Department to make total payments of $1,606,993 broken out as follows: $1,031,993 to AT&T under Agreement 1, and $575,000 to LADWP-Water under Agreement 2. This Project has received the following grant funding: $13,383,000 from the California Senate Bill 1 and National Highway Freight Program via the Trade Corridor Enhancement Program; $9,880,000 from the United States Department of Transportation Maritime Administration; and $46,440,000 from the Los Angeles County Metropolitan Transit Authority. The cost for work performed under these utility agreements are reimbursable by grant funding.
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 Utility Agreement 1 (in substantial form as Transmittal 1) between the City of Los Angeles Harbor Department and AT&T; (3) Approve Utility Agreement 2 (in substantial form as Transmittal 2) between the City of Los Angeles Harbor Department and LADWP-Water; (4) authorize the Executive Director to execute and Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No. ______________________.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of personal services agreement (Agreement) with Fountainhead Consulting Corporation (Fountainhead) to provide construction management support services for the State Route 47/Vincent Thomas Bridge & Front Street/Harbor Boulevard Interchange Reconfiguration project (Project). Services will include but not limited to, construction management, scheduling, cost estimating, structural observation, source inspection, materials testing, public outreach and coordination with stakeholders. Fountainhead is located at 2400 East Katella Avenue, Suite 800, Anaheim, CA 92806. The Agreement is for a five-year term in the amount of $6,617,073. Up to $4,800,000 of the Agreement amount will be reimbursed under the Los Angeles County Metropolitan Transit Authority (LACMTA) grant and the remaining cost will be the 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, work under the subject Agreement can be performed more feasibly by an independent consultant, and is necessary due to current employees committed to other assignments, and a need for freeway construction expertise; (3) award the five-year Agreement to Fountainhead in the amount of $6,617,073; and authorize the payment from the Construction Management Services account; (4) direct the Board Secretary to transmit the proposed Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for and on behalf of the Board; and (6) adopt Resolution No. ________________.
Environmental Management
Transmittal 1
Transmittal 2
Summary: Staff requests approval of two separate agreements with licensed motor carriers (LMC) Performance Team Logistics, LLC (Performance Team) and MLI Leasing, LLC (MLI Leasing) to deploy zero emission (ZE) trucks into drayage service at the Port of Los Angeles. The proposed Agreements will provide $3,000,000 to each LMC for the deployment of total of 22 trucks and an amount of $6,000,000. Performance Team and MLI were selected from the ZE 25 Request for Proposals issued on November 23, 2021. The City of Los Angeles Harbor Department (Harbor Department) is responsible for providing the funding from monies collected through the Clean Truck Fund (CTF).
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 Performance Team Logistics, LLC for a term of three years for the not-to-exceed amount of $3,000,000; (3) approve the proposed Agreement with MLI Leasing, LLC for a term of three years for the not-to-exceed amount of $3,000,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements 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)
Robert Trani v. Pacific Maritime Association, City of Los Angeles
Los Angeles Superior Court Case No. 20STCV13230
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 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
5. 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)
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 17-03 with San Pedro Bait Company, Inc.:
Property: Water Area within Outer Harbor, located at Latitude 33” 42.833’N and Longitude 118’ 16.334’W
City Negotiator: Michael Galvin
Tenant Negotiator: Mark Pisano
Negotiating Parties: City and San Pedro Bait Company, Inc.
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 17-11 with the Archdiocese of Los Angeles Education and Welfare Corporation, Inc.:
Property: 100 Swinford Street, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Fr. Diego Menniti
Negotiating Parties: City and the Archdiocese of Los Angeles Education and Welfare Corporation, 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 Yusen Terminals LLC:
Property: 701 New Dock Street, Terminal Island
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals 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 Permit 733 with Fenix Marine Services, Ltd.:
Property: 614 Terminal Way, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
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 827 with APM Terminals Pacific, LLC:
Property: 2500 Navy Way, San Pedro
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Jon Poelma
Negotiating Parties: City and APM Terminals Pacific LLC
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
12. 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)
L. Adjournment