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, NOVEMBER 2, 2023 AT 9:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
Diane L. Middleton, Vice President
Michael Muñoz
Edward R. Renwick
I. Lee Williams
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
- Convene in Memory – Luis Villanueva
B. Approval of the Minutes
- Regular & Special Meetings of October 19, 2023
C. Executive Director Remarks
D. Comment from the Public on Non-Agenda Items
E. 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.
F. Reports of the Commissioners
G. Board Committee Reports
None
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)
Cargo & Industrial Real Estate
Summary: Staff requests Board of Harbor Commissioners (Board) approval of the Covenant and Environmental Restriction on Property (Covenant) for the benefit of the California Regional Water Quality Control Board (CRWQCB), Los Angeles Region. The attached Covenant puts forth certain best practices for the current use and future uses of the property at Berths 171-173 as shown in Transmittal No. 1. In accordance with the Los Angeles Regional Water Quality Control Board (LARWQCB) Cleanup and Abatement Order (CAO) No. R4-2008-006 and associated amendments, onsite soil and groundwater remediation was completed on October 27, 2017, and the property was deemed suitable for commercial and industrial uses. Therefore, pursuant to a no-further-action for soil at the property, a Covenant was prepared by the LARWQCB and reviewed by the Harbor Department and the City Attorney, restricting the future development of the site to commercial/ and industrial land uses.
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 Guideline; (2) approve the Covenant Environmental on Restriction on Property; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Covenant and Environmental Restriction on Property; and (4) adopt Resolution No.____________.
Goods Movement
Summary: Staff requests approval of four on-call professional services agreements for terms of three years each and a cumulative amount of $900,000, with the following firms: AECOM Technical Services, Inc. (AECOM), Burns & McDonnell Engineering Company, Inc. (Burns & McDonnell), Hatch Associates Consultants, Inc. (Hatch), and Raju Associates, Inc (Raju). The Goods Movement Division (GMD) requires outside professional services for a variety of purposes including, but not limited to assistance with grant applications, infrastructure planning/analysis, and transportation studies. The City of Los Angeles Harbor Department (Harbor Department) will be 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 the Los Angeles City Charter Section 1022, work under the subject agreements can be performed more feasibly by outside consultants than by City employees; (3) approve and award four on-call professional services agreements for a term of three years each, with a cumulative not-to-exceed (NTE) amount of $900,0000, to the following firms and NTE amounts: AECOM ($175,000), Burns & McDonnell ($250,000), Hatch ($175,000), and Raju ($300,000); (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.___________.
Information Technology
Summary: Staff requests approval to award Contract No. 40024 to Insight Public Sector, Inc. (Insight) for the purchase of computer software licenses, software maintenance renewals, and related software support services. This includes purchases to meet on-going operations, new projects, and future growth requirements for front-end software such as business applications, desktop software, and email, and back-end software such as databases, operating systems, troubleshooting tools, technology management, cyber security, and network software. The proposed Contract No. 40024 is for an amount not-to-exceed $1,580,000 annually and a term of one year, with two one-year renewal options. The proposed Contract would utilize Cobb County, Georgia, Contract No. 23-6692-03, a national cooperative contract for technology product solutions and related services awarded by Cobb County to Insight effective May 1, 2023. The previous software contract between Insight and the City of Los Angeles Harbor Department expired on October 10, 2023. Insight is headquartered in Tempe, Arizona, with offices in Southern California. Payment of expenditures incurred under the proposed Contract are the financial responsibility of the City of Los Angeles (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 Class 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15(a)(8), the Harbor Department may enter into the proposed contract utilizing a current contract for such goods and services, Contract No. 23-6692-03 between Cobb County, Georgia, and Insight, a cooperative purchase agreement; (3) approve Contract No. 40024 with Insight Public Sector, Inc. for computer software licenses, software maintenance renewals, and related software support services for a duration of one year, with two one-year renewal options, and a not-to-exceed compensation amount of $1,580,000 annually; (4) authorize the Executive Director, in his/her discretion, to exercise the two one-year renewal options; (5) authorize the Executive Director to execute and the Board Secretary to attest to said contract, for and on behalf of the Board; and (6) adopt Resolution No.____________.
Port Pilots
Summary: Staff requests approval of a successor agreement to Agreement No. 20-3367-A (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the U.S. Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service Center for Operational Oceanographic Products and Services (NOAA). The scope of the proposed Agreement is for the management, operation, maintenance, enhancement, and repair of an air gap sensor on the Vincent Thomas Bridge and the quality control and dissemination of wind data for NOAA’s Los Angeles/Long Beach Physical Oceanographic Real-Time System (PORTS). Agreement No. 20-3367-A expired on July 31, 2023. The term of the proposed successor Agreement is five years, retroactive to August 1, 2023, and expiring on July 31, 2028. The not-to-exceed amount is $100,000. The payment of expenses incurred under the proposed Agreement 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) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve the proposed Agreement between the City of Los Angeles Harbor Department and the U.S. Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service Center for Operational Oceanographic Products and Services; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (5) adopt Resolution No.___________.
Commission Office
5. RESOLUTION NO. ____________ - ADOPTION OF THE 2024 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles Tariff No. 4 (Tariff No. 4), effective December 1, 2023, which would implement a 6.2 percent General Rate Increase (GRI), applicable to Tariff No. 4 rated tariff items, excluding rated tariff items that currently have a scheduled rate increase. This second Temporary Order is being proposed within the Board of Harbor Commissioners’ (Board) authority to adopt rates for up to 90 days. At the July 20, 2023 Board meeting, the Board approved Temporary and Permanent Orders amending various sections of Tariff No. 4 increasing rated tariff items with an effective date of September 1, 2023. Changes in the Tariff require City Council approval. The City Council has not calendared and approved the Permanent Order and Ordinance. The first Temporary Order will expire on November 29, 2023; therefore, a second Temporary Order is being 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.____________ with an effective date of December 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; (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 on December 1, 2023, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (4) adopt Resolution No.____________.
Regular Item (7)
Goods Movement
Summary: Staff requests adoption of a Resolution approving and providing mutual agreement, via a Notice of Mutual Agreement (NMA) #2023-1, for the Calendar Year (CY) 2024 Alameda Corridor (AC) Operations and Maintenance (O&M) budget in the total amount of $33,962,740. Funding for the O&M budget is provided by the BNSF Railway (BNSF), the Union Pacific Railroad (UPRR), and the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There will be no financial impact 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 CY2024 O&M budget in the total amount of $33,962,740; (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 to/from Maintenance of Way (MOW) 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.____________.
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 LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) 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 Wilmington Real Estate Transfers with Department of Water & Power
Property: Assessor Parcel 7440-006-908, Wilmington
Assessor Parcel 7440-009-905, Wilmington
Assessor Parcel 7440-006-912, Wilmington
Assessor Parcel 7440-009-911, Wilmington
Assessor Parcel 7418-034,900, Wilmington
Assessor Parcel 7418-034,901, Wilmington
Assessor Parcel 7418-034,902, Wilmington
Assessor Parcel 7440-006-910, Wilmington
Assessor Parcel 7440-006-927, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Adriana Rubelcava
Negotiating Parties: City and Department of Water & Power
Under Negotiation: Price and Terms
L. Adjournment