Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, JULY 20, 2023 AT 9:00 AM
Board of Harbor Commissioners
Edward R. Renwick, Vice President
Diane L. Middleton
Michael Muñoz
Lucille Roybal-Allard
I. Lee Williams
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Election of Officers
PURSUANT TO SECTION 503(A) OF THE CITY OF LOS ANGELES CHARTER, THE BOARD SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT AND ONE VICE PRESIDENT. OFFICERS SHALL HOLD OFFICE FOR ONE YEAR AND UNTIL THEIR SUCCESSORS ARE ELECTED, UNLESS THEIR MEMBERSHIP ON THE BOARD EXPIRES SOONER.ELECTIONS SHALL BE HELD DURING ITS LAST MEETING IN JULY OF EACH YEAR, BUT THE BOARD MAY FILL THE UNEXPIRED TERM OF ANY VACANCY OCCURRING IN THE OFFICE OF PRESIDENT OR VICE-PRESIDENT AT ANY MEETING.
THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY FOR THE POSITIONS OF PRESIDENT AND VICE PRESIDENT.
PRESIDENT: _________________________________________
VICE PRESIDENT: ____________________________________
C. 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:
(two cases)
5. 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)
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 529 with Union Pacific Railroad Company:
Property: 2401 E. Sepulveda Blvd., Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Gregory Brigham
Negotiating Parties: City and Union Pacific Railroad Company
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 Permit 953 with Everglades Company Terminal, Inc.:
Property: Berths 121-126, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Tom VanEynde
Negotiating Parties: City and Everglades Company Terminal, Inc.
Under Negotiation: Price and Terms
OPEN SESSION
D. Executive Director Remarks
E. Comment from the Public on Non-Agenda Items
F. 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.
G. Reports of the Commissioners
H. Board Committee Reports
- Alameda Corridor Transportation Authority Governing Board Meeting of July 13, 2023
I. Approval of the Minutes
- Regular Meeting of June 22, 2023
J. Presentation
None
K. Level I Coastal Development Permit
None
L. Board Reports of the Executive Director
Consent Items (1 – 7)
Construction & Maintenance
Summary: Staff requests approval of Contract No. 40003 with DXP Enterprises, Inc., a Texas corporation with a location in Anaheim, California, for stormwater and sewer pump parts and repair services. The proposed Contract will be for a one-year term with two, one-year options for an amount not to exceed $200,000 for the initial year. If the two renewal options are exercised, then $200,000 will be authorized annually for an overall total not-to-exceed amount of $600,000. The City of Los Angeles Harbor Department (Harbor Department) will be financially responsible for the 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 2(3) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) approve Contract No. 40003 with DXP for the stormwater and sewer pump parts and repair services in the amount of $200,000 for a period of one year, with two one-year renewal options in the amount of $200,000 per year to be exercised by the Executive Director or his/her designee; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 40003 for and on behalf of the Board; and (5) adopt Resolution No. __________________ .
Port Police
Summary: Staff requests approval of Contract No. 39998 with Motorola Solutions, Inc., San Diego, CA to provide mobile communication devices and antennas for Los Angeles Port Police vehicles and vessels. The proposed purchase of the APX8500 multi-band radios and antennas will replace the remaining single-band Motorola XTL5000 equipment. The radios and antenna purchased under the proposed contract will facilitate communications consistency in our police vehicles and vessels that already have the multi-band APX8500 radios and antennas. The contract with Motorola Solutions, Inc. is outlined in Formal Bid Request Number F-1156. The total contract amount is $165,002 inclusive of $14,315.20 estimated applicable taxes. The City of Los Angeles Harbor Department will be financially responsible for the payment of expenses 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 and approve Contract No. 39998 to Motorola Solutions, Inc., for the purchase of mobile communications devices and antennas in the amount of $165,002 inclusive of applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39998 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of Contract No. 39994 with SAFE Boats International, LLC, Bremerton, Washington for the purchase of two T-Top center console boats to replace vessels 2730100 and 2730800, currently in use for the Maritime Law Enforcement Training Center’s basic and advanced training courses. The contract with SAFE Boats International, LLC is outlined in Formal Bid Request Number F-1152. The total contract amount is $717,974.32 inclusive of applicable taxes. The contract includes the design, construction, and delivery of the 29’4” center console boats and installation of radio equipment for each vessel, two trailers and training on its operational characteristics. The Harbor Department will be financially responsible for the payment of expenses 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 and approve Contract No. 39994 to SAFE Boats International, LLC for the purchase of the two T-Top center console vessels in the amount of $717,974.32, including applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39994 for and on behalf of the Board; and (4) adopt Resolution No._____________.
Engineering
Summary: Staff requests approval of Contract No. 40000 with United Riggers & Erectors, Inc. of Walnut, CA to construct perimeter security enhancements at the Port of Los Angeles Police Headquarters. The proposed Contract is for a not-to-exceed amount of $337,435. The Harbor Department will be financially responsible for the payment of expenses 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2 (a(3)) and Article III Classes 1(6), 1(12), 2(3), and 3(4) of the Los Angeles City CEQA Guidelines; (2) approve Contract No. 40000 with United Riggers & Erectors, Inc. in the amount of $337,435 for the purchase of Port of Los Angeles Police Headquarters perimeter security enhancements; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40000 for and on behalf of the Board; and (4) adopt Resolution No. _____________ .
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Order resetting compensation under Concession Agreement No. 521, which grants 2500 Via Cabrillo Marina, LLC, a California Limited Liability Company the use of approximately 39,531 square feet of City of Los Angeles Harbor Department land at 2500 Via Cabrillo Marina, San Pedro, for constructing, operating and maintaining facilities for a convenience restaurant, charter vessel facility, vessel brokerage and insurance offices, other marine-related offices, marina-related retail sales, and incidental purposes. Via Cabrillo owns the improvements located within the premises and remits ground lease payments to the Harbor Department as rent for the land upon which the improvements are located. Under the proposed Order, effective compensation as of September 1, 2022, will remain at $88,485 per year which is consistent with the annual rent calculated using the change in the Consumer Price Index for all Items, All Urban Consumers for Los Angeles-Long Beach-Anaheim as of July 1, 2022. Effective July 1, 2023, and annually thereafter over the five-year reset period, rent will continue to be adjusted by the annual change in CPI.
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 Order resetting compensation under Concession Agreement No. 521 for the five-year period from September 1, 2022, through August 31, 2027; (3) authorize the Board Secretary to attest to the Order resetting compensation to be paid by 2500 Via Cabrillo Marina, LLC pursuant to Section 4(1) of Concession Agreement 521; and (4) adopt Resolution No. ___________.
Office of the City Attorney
Summary: The Office of the City Attorney requests approval of a conflict-of-interest waiver with Burke, Williams & Sorensen, LLP which will allow Burke Williams to jointly represent the Harbor Department and Vopak Terminal Los Angeles in Sanchez v. City of Los Angeles, et al., Case No. 23LBCV00788. Approval of the proposed waiver is not anticipated to have a financial impact on 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) formally waive any potential conflict that might arise from Burke, Williams & Sorensen, LLP’s joint representation of Harbor Department and Vopak in Sanchez v. City of Los Angeles, et al. Case No. 23LBCV00788; (3) authorize the Office of the City Attorney to execute a written conflict waiver; (4) authorize and direct the Board Secretary to transmit the conflict waiver to the City Council for its approval; and (5) adopt Resolution No. _____________.
Executive Office
Recommendation: Board resolve to (1) adopt subject Resolution No.__________.
Regular Items (8 – 11)
Engineering
Summary: Staff requests approval of a Resolution approving Amendment No. 3 to Agreement No. 15-3348 between the City of Los Angeles Harbor Department Sasaki Associates, Inc. of Boston, Massachusetts, to provide planning, engineering, architectural design, landscape design, and bidding and design support during construction for the Wilmington Waterfront Promenade Project. The proposed Amendment will extend the term of the Agreement by one year from seven years and ten months currently to eight years and ten months as proposed. In addition, $300,000 will be added to the Agreement which will increase the not-to-exceed compensation from $3,690,000 currently to $3,990,000 as proposed. Amendment No. 3 is required at this time in response to construction delays associated with the Project. The Harbor Department will continue to be financially responsible for the payment of expenses incurred under the 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 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. 15-3348 between the City of Los Angeles Harbor Department and Sasaki Associates, Inc. for the Wilmington Waterfront Promenade Project (Project) utilizing the same Engineer of Record by adding $300,000 to the compensation for a total not-to-exceed amount of $3,990,000 and adding twelve months to the term of the agreement with a completion date of August 08, 2024; (4) direct the Board Secretary to transmit Amendment No. 3 to Agreement 15-3348 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. ____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the First Amendment to Agreement No. 22-9878 with SWA Group, Inc. to add scope to the San Pedro Waterfront Connectivity Plan by conducting broader community engagement within the San Pedro community; to increase the not-to-exceed amount by $40,000 from $498,000 to $538,000; and to extend the one year term of the agreement by four months from August 17, 2023, to December 17, 2023.
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 First Amendment to Agreement No. 22-9878 with SWA; (4) authorize the Executive Director to execute and the Board Secretary to attest to the said Agreement for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Cargo Marketing
Summary: Staff requests approval to amend Port of Los Angeles Tariff No. 4 to increase rated tariff items based on the West Region Consumer Price Index for All Urban Consumers. The California Association of Port Authorities, of which the Port of Los Angeles is a member, adopted an annual general rate increase methodology for tariffs based on the CPI-U. The Bureau of Labor Statistics has identified a 6.2 percent increase in the CPI-U for the 12-month period ending December 2022. On April 28, 2022, the Board of Harbor Commissioners approved Order No. 22-7327, which was approved by City Council Ordinance No. 187649, adopting a 7.1 percent GRI through CAPA, effective August 1, 2022. Prior to that, the Port implemented GRIs in the Port’s Tariff No. 4 in calendar years 2004 and 2005, and a 1.7 percent GRI for a temporary 9-month period in July 2013 - March 2014 under Temporary Orders only, which expired when it was not approved by City Council under Permanent Order. The proposed CAPA GRI, effective September 1, 2023, of 6.2 percent, is applicable to the POLA Tariff rated tariff items, excluding rated tariff items that have a scheduled rate increase as of the effective date. This Temporary Order is being proposed within the Board’s authority to adopt rates for up to 90-days. A separate action recommends a Permanent Order and Ordinance for approval by the Board and City Council, which are required to make effective changes to Tariff No. 4 beyond the Temporary Order’s 90-day effective period.
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) approve the amendment to Port of Los Angeles Tariff No. 4 increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No. _________ with an effective date of September 1, 2023, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises””, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (4) authorize the Board Secretary to certify the adoption of 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 on September 1, 2023, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No. __________.
Cargo Marketing
Summary: Staff requests approval to amend Port of Los Angeles Tariff No. 4 to increase rated tariff items based on the West Region Consumer Price Index for All Urban Consumers. The California Association of Port Authorities, of which the Port of Los Angeles is a member, adopted an annual general rate increase methodology for tariffs based on the CPI-U. The Bureau of Labor Statistics has identified a 6.2 percent increase in the CPI-U for the 12-month period ending December 2022. On April 28, 2022, the Board of Harbor Commissioners approved Order No. 22-7327, which was approved by City Council Ordinance No. 187649, adopting a 7.1 percent GRI through CAPA, effective August 1, 2022. Prior to that, the Port implemented GRIs in the Port’s Tariff No. 4 in calendar years 2004 and 2005, and a 1.7 percent GRI for a temporary 9-month period in July 2013 - March 2014 under Temporary Orders only, which expired when it was not approved by City Council under Permanent Order. The proposed CAPA GRI, effective September 1, 2023, of 6.2 percent, is applicable to the POLA Tariff rated tariff items, excluding rated tariff items that have a scheduled rate increase as of the effective date. A separate action recommends a Temporary Order to make changes to Tariff No. 4 within the Board’s authority to adopt rates for up to 90-days, with any rates to be effective beyond the 90-days requiring this Permanent Order and Ordinance to be approved by the City Council.
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) approve the amendment to Port of Los Angeles Tariff No. 4increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No. __________ with an effective date of September 1, 2023, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises””, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) direct the Board Secretary to transmit to the City Clerk a Notice of Public Hearing for publication in accordance with the provisions of California Government Code sections 66018 and 6062a; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting to the Port of Los Angeles website; and (7) adopt Resolution No._________ .
M. Adjournment