Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MARCH 30, 2023 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
None
G. Approval of the Minutes
- Regular Meeting of March 16, 2023
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 – 10)
Cargo Marketing
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3539 between the City of Los Angeles Harbor Department (Harbor Department) and Boardriders, Inc. to continue operating its facility within FTZ 202, Site 20, located at 11310 Cantu Galleano Ranch Road, Mira Loma, CA 91752. The Harbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Boardriders’ current FTZ Operating Agreement No. 17-3539 expired on March 1, 2023. The First Amendment will extend the term of the Operating Agreement by five years. Boardriders requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department must execute the First Amendment to extend the Agreement, as required by the FTZ Board.Site 20 consists of a 12.6 acre site that includes a warehouse and office space located 64 miles from the Port of Los Angeles. Boardriders will operate its facility under FTZ procedures as a single-usage site. If the proposed amendment is approved, the Harbor Department will receive $10,000 annually from Boardriders.
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 First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3539 between the City of Los Angeles Harbor Department and Boardriders, Inc; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3539 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3539; and (5) adopt Resolution No._____________.
Office of the City Attorney
Summary: The Office of the City Attorney requests approval of three Agreements between the City of Los Angeles Harbor Department and Hawkins Delafield and Wood LLP, Kutak Rock LLP and Nixon Peabody LLP for legal services related to bond counsel matters. Each Agreement is for a proposed term of three years and compensation of $60,000 for a total compensation of $180,000 across the three Agreements. The Harbor Department is financially responsible for payment of expenses incurred under the proposed 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) find that in accordance with Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with Hawkins Delafield and Wood LLP in the amount of $60,000 for a three-year term; (4) approve a Legal Services Agreement with Kutak Rock LLP in the amount of $60,000 for a three-year term; (5) approve a Legal Services Agreement with Nixon Peabody LLP in the amount of $60,000 for a three-year term; (6) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (7) adopt Resolution No.___________.
Human Resources
Summary: Staff requests approval to award an agreement to Occupational Health Centers of California (OHCC), a Medical Corporation dba Concentra Medical Centers to provide occupational medical services for a three-year period and a total not-to-exceed amount of $165,000. The services will consist primarily of pre-employment and annual medical examinations and treatment of initial workplace injuries. Additional services will include providing first aid treatment and ensuring medical compliance with state and federal medical requirements for occupational licenses. OHCC is located in Torrance, California. The Harbor Department is responsible for payment of expenses incurred under this 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 that in accordance with Los Angeles City Charter Section 1022, it is more feasible for this work to be performed by an independent contractor than by City employees due to the unique experience, expertise, and license necessary to provide medical services; (3) approve the Agreement with Occupational Health Centers of California for a total not-to-exceed amount of $165,000 and a term of three years; (4) authorize the Executive Director to execute and Board Secretary to attest to said Agreement; and (5) adopt Resolution No. ____________.
Debt & Treasury Management
Summary: Staff recommends approval of personal services agreements with three municipal financial advisory firms for a three-year period. The Harbor Department utilizes municipal financial advisors to assist with structuring and facilitating bond transactions, conducting cost and benefit analysis for financial opportunities, developing financial policies and procedures, staying abreast of the latest developments in the municipal financial markets, implementing best practices and other duties as needed. Staff is recommending approval of three-year Agreements with Frasca & Associates, LLC, a small business enterprise (SBE) and a minority-owned business enterprise (MBE) with offices in New York, Albany, Atlanta, Denver, Houston, Orlando and Washington DC; KNN Public Finance, LLC, an SBE with offices in Berkeley and Los Angeles; and Montague DeRose & Associates, LLC, a SBE firm with offices in Westlake Village and Walnut Creek to provide financial advisory services. The three firms will be utilized on an as-needed basis through directives issued by the Harbor Department’s Chief Financial Officer and/or Director of Debt and Treasury. The aggregate not-to-exceed amount for a 36-month term for these three agreements is $324,000 including related expenses. These firms are being recommended as a result of a competitive Request for Proposal (RFP) process. The Harbor Department is financially responsible for the payment of expenses incurred under the proposed 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) find that in accordance with the Los Angeles City Charter Section 1022, the services required are temporary and of a professional, expert, and technical nature, which can be performed more feasibly by an independent contractor; (3) approve the Agreements at an aggregate not-to-exceed amount of $324,000 including related expenses, for a 36-month term, with Frasca & Associates, LLC; KNN Public Finance, LLC; and Montague DeRose and Associates, LLC to provide municipal financial advisory services on an as-needed basis; (4) authorize the Executive Director or designee to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) Adopt Resolution No. ____________.
Port Police
Summary: Staff requests approval of Contract No. 39985, with Galls LLC/Morgans, Inc. & Patriot Outfitters, LLC, Long Beach, CA, for a period of one year, with two subsequent one-year renewal options, to purchase police uniforms, accessories and equipment required for outfitting Los Angeles Port Police personnel conducting daily business operations. The contract with Galls is outlined in Formal Bid Request Number F-1143. Expenditures under this Contract, inclusive of delivery and applicable taxes, are not expected to exceed $200,000 per year, or $600,000 in aggregate if both options are exercised. The City of Los Angeles Harbor Department will be financially responsible for payment of expenditures incurred under the proposed Contract.
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) award Contract No. 39985 (Bid No. F-1143), for the purchase of police uniforms, accessories and equipment to Galls for an initial period of one-year, with two subsequent one-year renewal options; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39985 for and on behalf of the Board; and (4) adopt Resolution No._________.
Port Police
Summary: Staff requests approval of an Agreement with Canine Deployment Strategies LLC, Long Beach, CA, to provide professional services to maintain the patrol and narcotics/explosives detection skills of its canines and their handlers through monthly training and certification. This action will authorize a one-year contract term with two, one-year renewal options for an amount not to exceed Two Hundred Thirty Thousand Four Hundred Dollars. The City of Los Angeles Harbor Department will be 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 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, the services to be provided herein are of a professional, expert, technical, temporary and occasional character, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the work being proposed for contracting; (3) award the one-year Agreement with two, one-year renewal options, to Canine Deployment Strategies LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No. ___________.
Internal Audit
Summary: Staff requests approval of five personal services agreements with the following audit consultants: (i) Arroyo Seco Associates, Inc.; (ii) BCA Watson Rice LLP; (iii) Bronner Group LLC; (iv) Matrix Consulting Group, Ltd.; and (v) Sjoberg Evashenk Consulting. Each of the proposed Agreements would be for a three-year term with a total aggregate not-to-exceed amount of $540,000 across the pool of five Agreements. The Agreements are required at this time as the prior audit pool consultant agreements expired in August 2022. The Harbor Department continues to require assistance with management, compliance and performance audits as well as operational reviews on an as-needed basis. The Harbor Department will be financially responsible for the payment of expenses incurred under the proposed 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 proposed Personal Service Agreements (Agreements) for a term of three-years each, for the combined total not-to-exceed amount of $540,000 to the following firms, to be allocated based on Task Order awards: Arroyo Seco Associates, Inc.; BCA Watson Rice LLP; Bronner Group LLC; Matrix Consulting Group, Ltd.; and Sjoberg Evashenk Consulting; (3) authorize the Executive Director or designee to approve Task Orders on a per project basis, contingent upon verification of available funding, as adopted by the Board for each budget year, not to exceed an aggregate amount of $540,000 in total compensation authority among the pool list over the contract period; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the First Amendment to Agreement Nos. 22-9879 and 22-9866 to reflect a change to the consultant’s name from Wood Environment & Infrastructure Solutions, Inc. to WSP USA Environment & Infrastructure, Inc. Wood was awarded these agreements for a three-year term each to support the efforts of the Water Quality group in the Environmental Management Division. As of September 21, 2022, the company changed its name to reflect the acquisition by WSP Global, Inc. 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 will continue to be responsible for expenses 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. 22-9879 to reflect the company name change to WSP USA Environment & Infrastructure, Inc.; (3) approve the First Amendment to Agreement No. 22-9866 to reflect the company name change to WSP USA Environment & Infrastructure, Inc.; (4) authorize the Executive Director and the Board Secretary to execute and attest to said First Amendments for and on behalf of the Board; and (5) Adopt Resolution No. __________.
Environmental Management
Summary: Staff requests approval of the proposed Personal Service Agreements with Burns & McDonnell Engineering Company, Inc., Ensafe Inc., ICF Incorporated, L.L.C., Ramboll US Consulting, Inc., Starcrest Consulting Group, LLC; and Tetra Tech, Inc. to provide the City of Los Angeles Harbor Department as-needed technical support for air quality programs. This action will authorize six Agreements, each for a three-year term, with a combined total not-to-exceed amount of $7,200,000. The Harbor Department is financially responsible for the payment of services under the proposed 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) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the City of Los Angeles (City) Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (3) approve the proposed Agreements for a term of three-years each, for the combined total not-to-exceed amount of $7,200,000 as follows: Burns & McDonnell Engineering Company, Inc. (Brea, CA) for $1,000,000; Ensafe Inc. (Memphis, TN) for $200,000; ICF Incorporated, L.L.C. (Los Angeles, CA) for $500,000; Ramboll US Consulting, Inc. (Los Angeles, CA) for $500,000; Starcrest Consulting Group, LLC (Albuquerque, NM) for $2,500,000; and Tetra Tech, Inc. (Pasadena, CA) for $2,500,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Regular Items (11 – 14)
Engineering
Summary: Staff requests the Board of Harbor Commissioners approve the Funding Agreement with the United States Department of Transportation Maritime Administration for $9,880,000 of Port Infrastructure Development Program funds for the State Route 47/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project. If the FA is approved, staff will transmit the executed FA to MARAD for final approval. The $9,880,000 PIDP grant represents approximately 14% of $70,163,000 in grants anticipated to be received in order to complete the Project. Of the $110,000,000 in estimated total Project costs, staff expects the Harbor Department to be financially responsible for $39,837,000 in costs, net of the anticipated grant receipts.
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 State Route 47/Vincent Thomas Bridge & Front St./Harbor Blvd. Interchange Reconfiguration (Project) Funding Agreement with the United States Department of Transportation Maritime Administration in substantial form as Transmittal 1; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement, for and on behalf of the Board; (4) authorize the Executive Director to execute any future Funding Agreement Amendments to account for revised project schedules, and/or reduced project costs, for and on behalf of the Board; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests that the Board of Harbor Commissioners adopt a Resolution approving Amendment No. 3 to Agreement No. 18-3618 between the City of Los Angeles Harbor Department and Mark Thomas & Company, Inc. of Irvine, California, to provide Bid and Construction support services for the State Route 47/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project. Amendment No. 3 will allow the Harbor Department to utilize design services during the Bid and Construction phase for the Project with the same Engineer of Record by adding $2,455,000 in compensation for a total not-to-exceed amount of $7,452,873. Additionally, Amendment No. 3 will add two years to the term of the agreement with a completion date of November 28, 2027. Payment of expenses incurred under this agreement will continue to 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) find that in accordance with the City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve Amendment No. 3 to Agreement No. 18-3618 between the City of Los Angeles Harbor Department and Mark Thomas & Company, Inc. for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project) utilizing the same Engineer of Record by adding $2,455,000 to the compensation for a total not-to-exceed amount of $7,452,873 and adding two years to the term of the agreement with a completion date of November 28, 2027; (4) direct the Board Secretary to transmit Amendment No. 3 to Agreement 18-3618 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 said Amendment for and on behalf of the Board; and (6) Adopt Resolution No. ______________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of three separate actions concerning Permit No. 882 (Permit) between Millennium Maritime, Inc., now known as Westoil Tug Services, Inc. (Millennium/Westoil) and the City of Los Angeles: 1) Transfer of the Permit to Millennium/Westoil under a new corporate structure resulting from the sale of stock and/or assets, merger and/or consolidation and/or reorganization by or of Millennium/Westoil; 2) transfer of the option to extend the term of the Permit from November 1, 2021 to October 31, 2026, and deeming Millennium/Westoil’s exercise of that option effective; and 3) resetting compensation under the Permit for the period of November 1, 2021 to October 31, 2026. There is a companion item also agendized for the March 30, 2023, Board of Harbor Commissioners meeting that requests approval of the Second Amendment to Permit No. 882 with Millennium Maritime, Inc. which changes the name of the permittee from Millennium Maritime, Inc. to Westoil Tug Services, Inc. and changes the name of its parent company, Harley Marine Services, Inc. to Centerline Logistics Corporation in the guaranty of the Permit. If the proposed actions are approved, monthly rent would remain $58,227.91, or $698,734.92 per year until the next Consumer Price Index (CPI) adjustment due July 1, 2023.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(18) of the Los Angeles City CEQA Guidelines; (2) approve the Order authorizing the transfer of Permit No. 882 to Millennium Maritime, Inc., now known as Westoil Tug Services, Inc., under a new corporate structure; (3) approve the Order authorizing the transfer of the option to extend the term of Permit No. 882 from November 1, 2021 to October 31, 2026, to Millennium Maritime, Inc., now known as Westoil Tug Services, Ind., under a new corporate structure and deem the exercise of that option effective; (4) approve the Order resetting compensation under Permit No. 882 for the period of November 1, 2021 to October 31, 2026; (5) authorize the Board Secretary to attest to the Order approving the transfer of Permit No. 882 to Millennium Maritime, Inc., now known as Westoil Tug Services, Inc. under a new corporate structure; (6) authorize the Board Secretary to attest to the Order approving the transfer of the option to extend the term of Permit No. 882 from November 1, 2021, to October 31, 2026, to Millennium Maritime, Inc., now known as Westoil Tug Services, Ind., under a new corporate structure and deem the exercise of that option effective; (7) Authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 882 for the period of November 1, 2021 to October 31, 2026; and (8) Adopt Resolution No. _____________ and Order Nos. _______________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Second Amendment to Permit No. 882, which effects the following changes: 1) changes the name of the permittee from Millennium Maritime, Inc. to Westoil Tug Services, Inc.; 2) increases the insurance limits set forth in the Permit; and 3) provides a guaranty by Centerline Logistics Corporation, Westoil’s parent company. There is a companion item also agendized for the March 30, 2023 Board of Harbor Commissioners meeting, which is related to this action. That item concerns the approval and consent to a transfer, the exercise of an option to extend, and a compensation adjustment for Permit No. 882.
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(f) of the Los Angeles City CEQA Guidelines; (2) approve the Second Amendment to Permit No. 882; (3) direct the Board Secretary to transmit the Second Amendment to Permit No. 882 to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Permit No. 882; 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 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 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