April 5, 2024
SPECIAL MEETING NOTICE TIME CHANGE
SUBJECT: LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, APRIL 11, 2024
The Los Angeles Board of Harbor Commissioners shall convene for a Special Meeting at 9:00am on Thursday, April 11, 2024. The new meeting time supersedes the previously scheduled time at 10:00am.
AMKlesges
AMBER M. KLESGES
Board Secretary
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
SPECIAL MEETING AGENDA
THURSDAY, APRIL 11, 2024 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
SPECIAL MEETING AGENDA
THURSDAY, APRIL 11, 2024 AT 9:00 A.M
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Approval of the Minutes
• Special Meeting of March 28, 2024
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 an agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.
F. Reports of the Commissioners
G. Board Committee Reports
• Alameda Corridor Transportation Authority Governing Board Meeting of March 21, 2024
• Audit Committee Meeting of March 28, 2024
H. Presentation
• Budget Presentation
I. Level I Coastal Development Permit
None
H. Presentation
• Budget Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 5)
Accounting
Transmittal 2
Summary: Staff requests approval of the First Amendment to Agreement No. 21-9820 with Moss Adams LLP to extend the term of the agreement by two (2) years, for a total Agreement term of five (5) years and increase compensation by $323,000 from $404,900 currently to $727,900 as proposed. Moss Adams, a firm of independent certified public accountants, performs the annual audit of the Annual Comprehensive Financial Report and annual single audit of Federal major awards of the City of Los Angeles Harbor Department. In addition, Moss Adams performs the annual financial statement audit of the Los Angeles Harbor Improvement Corporation and, upon request, provides expert accounting opinions regarding significant accounting policies and other financial auditing services. 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 City of Los Angeles Charter Section 1022, the proposed services are of a professional, expert, and technical nature, which can only be performed by an independent, licensed certified public accounting firm; (3) approve the proposed First Amendment to Agreement No. 21-9820 with Moss Adams LLP to extend the term for two (2) additional years and increase compensation under Agreement No. 21-9820 by $323,000, including related expenses; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Agreement No. 21-9820 for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Summary: Staff requests approval of the First Amendment to Agreement No. 21-9820 with Moss Adams LLP to extend the term of the agreement by two (2) years, for a total Agreement term of five (5) years and increase compensation by $323,000 from $404,900 currently to $727,900 as proposed. Moss Adams, a firm of independent certified public accountants, performs the annual audit of the Annual Comprehensive Financial Report and annual single audit of Federal major awards of the City of Los Angeles Harbor Department. In addition, Moss Adams performs the annual financial statement audit of the Los Angeles Harbor Improvement Corporation and, upon request, provides expert accounting opinions regarding significant accounting policies and other financial auditing services. 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 City of Los Angeles Charter Section 1022, the proposed services are of a professional, expert, and technical nature, which can only be performed by an independent, licensed certified public accounting firm; (3) approve the proposed First Amendment to Agreement No. 21-9820 with Moss Adams LLP to extend the term for two (2) additional years and increase compensation under Agreement No. 21-9820 by $323,000, including related expenses; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Agreement No. 21-9820 for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Construction & Maintenance
Summary: Staff requests approval of Contract No. 40036 with Quinn Company of City of Industry, California for the purchase and delivery of heavy-duty construction equipment as identified in the City of Los Angeles Harbor Department capital equipment budget as approved as part of the annual budget process. The proposed Contract will be for a one-year term with two one-year renewal options and total compensation of $1,500,000 per year, or $4,500,000 if both options are exercised. 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) find that 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 an agreement with Quinn Company utilizing a current agreement for such services with Sourcewell through their Contract No. 011723-CAT, a cooperative purchase agreement; (3) approve Contract No. 40036 with Quinn Company for a one-year term with two one-year renewal options and total compensation of $1,500,000 per year, or $4,500,000 if both options are exercised; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 40036 for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Engineering
Summary: Staff requests approval of a personal services agreement between the City of Los Angeles Harbor Department and Jacobs Engineering Group, Inc., to provide professional engineering and architectural services for the Terminal Island Grade Separation project. The Agreement has a contract term of three years, with a not-to-exceed amount of $3,588,420. The Harbor Department will be financially responsible for the 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 and statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines and Section 21080.13 of the State CEQA Guidelines; (2) approve a personal services agreement with Jacobs for engineering and architectural services for the Project with a not-to-exceed amount of $3,588,420 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Engineering
Summary: Staff requests approval of a personal services agreement between the City of Los Angeles Harbor Department and Jacobs Engineering Group, Inc., to provide professional engineering and architectural services for the Terminal Island Maritime Support Facility project. The Agreement has a contract term of three years, with a not-to-exceed amount of $5,605,759. The Harbor Department will be financially responsible for the 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) approve a personal services agreement with Jacobs for engineering and architectural services for the Project with a not-to-exceed amount of $5,605,759 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement, for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Commission Office
5. RESOLUTION NO. __________ - ADOPTION OF THE AMENDED 2024 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board resolve to (1) adopt subject Resolution No. __________ .
Regular Item No. 6
Environmental Management
Summary: Staff requests certification of the Final Subsequent Environmental Impact Report and approval of the lease extension for the SA Recycling Amendment to Permit No. 750 Project prepared in accordance with the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq., 21166; CEQA Guidelines, § 15162). The proposed Project is located at 901 New Dock Street on Terminal Island, 90731. The applicant seeks an amendment to Permit No. 750 to allow for an up to 10-year extension of existing operations, with up to five additional years for use of the site as a non-operational restoration period for any necessary closure and remediation activities to restore the property. In this action, the Board of Harbor Commissioners will need to independently review and consider the adequacy of the Final SEIR and, if deemed adequate under CEQA, certify the SEIR and adopt a Mitigation Monitoring and Reporting Program. With the application of mitigation measures and lease measures, the proposed Project would not result in any new significant impacts or impacts that are substantially more severe than those determined in the 1996 EIR.
Recommendation: Board resolve to (1) certify the Final Subsequent Environmental Impact Report to the Hugo Neu-Proler Lease Renewal Environmental Impact Report for the SA Recycling Amendment to Permit No. 750 Project (a) has been completed in compliance with the California Environmental Quality Act (Public Resources Code §21000 et seq.), with the California Environmental Quality Act Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles California Environmental Quality Act Guidelines; (b) was presented to the Board of Harbor Commissioners for review and the Board of Harbor Commissioners considered the information contained in the Final Subsequent Environmental Impact Report prior to approving the Proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed; (2) adopt the Findings of Fact; (3) find that, in accordance with the information contained in the Final Subsequent Environmental Impact Report, the proposed Project will not have significant environmental effects on the environment as defined by Public Resources Code Sections 21068 and 21082.2, and the State California Environmental Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed Project, which substantially lessens or avoids one or more of the significant adverse environmental impacts identified in the Final Environmental Impact Report; (5) find that, all information added to the Final Subsequent Environmental Impact Report after public notice of the availability of the Draft Subsequent Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Subsequent Environmental Impact Report and recirculation is not necessary; (6) adopt the Mitigation Monitoring and Reporting Program as required by Public Resources Code, Section 21081.6. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures, lease measures, and standard conditions adopted to avoid or lessen significant effects on the environment, pursuant to and identifies the responsibilities of the City of Los Angeles Harbor Department, as lead agency, to monitor and verify project compliance with those mitigation measures and lease measures; (7) approve the Proposed Project identified in the Subsequent Environmental Impact Report including all feasible mitigation measures and lease measures with consideration of the Findings of Fact and the Mitigation Monitoring and Reporting Program; (8) direct the Cargo and Industrial Real Estate Division to incorporate by reference the Subsequent Environmental Impact Report, mitigation measures, lease measures, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (9) authorize the Environmental Management Division to post a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; and (10) 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 – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9) (1 case)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)
6. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO 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)
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Fenix Marine Services, Ltd., Permit 733:
Property: 614 Terminal Way, San Pedro, CA
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
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 Trapac, LLC, Permit 881:
Property: 630 West Harry Bridges Boulevard, Wilmington, CA
City Negotiator: Marisa Katnich
Tenant Negotiator: Ron Triemstra
Negotiating Parties: City and Trapac, 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 Linde, Inc., Permit 931:
Property: 2300 Pacific Coast Highway, Los Angeles, CA 90405
City Negotiator: Marisa Katnich
Tenant Negotiator: Brian Morgan
Negotiating Parties: City and Linde, Inc.
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 SA Recycling LLC, Successor Permit:
Property: 901 New Dock Street, San Pedro, CA
City Negotiator: Marisa Katnich
Tenant Negotiator: Terry Adams
Negotiating Parties: City and SA Recycling 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 California Yacht Marina-Cabrillo, LLC, Agreement 791:
Property: 224 Whalers Walk, San Pedro, CA 90731
City Negotiator: Michael Galvin
Tenant Negotiator: Kevin Ketchum
Negotiating Parties: City and California Yacht Marina-Cabrillo, LLC
Under Negotiation: Price and Terms
12. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. L.A. Terminals, Inc., et al.
Los Angeles Superior Court Case No. NC061591
13. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
L.A. Terminals, Inc. v. City of Los Angeles; Occidental Chemical Corporation
United States District Court Case No. 2:18-cv-06754 MWF (RAOx)
L. Adjournment
City of Los Angeles v. L.A. Terminals, Inc., et al.
Los Angeles Superior Court Case No. NC061591
13. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
L.A. Terminals, Inc. v. City of Los Angeles; Occidental Chemical Corporation
United States District Court Case No. 2:18-cv-06754 MWF (RAOx)
L. Adjournment