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Board Meeting

Regular Agenda - February 4, 2021

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Los Angeles Board of Harbor Commissioners 
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731

 

REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 4, 2021 AT 9:00 A.M.


Los Angeles 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.​

 

BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19

 

The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
 

  • The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public  observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
 
  • The Board of Harbor Commissioners will participate by teleconference.
 
  • Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
 

PLEASE READ THESE INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT

 
  • Written comments or materials may be submitted by emailing commissioners@portla.org. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on the day before the Board meeting. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
 
  • Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
 
  • Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
 
  • Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: commissioners@portla.org , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponiblepara traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.

 

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 a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
 
 
E.        Reports of the Commissioners
 
 
 
F.         Board Committee Reports
 
  • Audit Committee Meeting of January 28, 2021
 
 
G.        Approval of the Minutes
 
  • Regular Meeting of January 14, 2021
 
 
H.        Presentation
 
            None
 
 
I.          Level I Coastal Development Permit
 
            None
 
 
J.         Board Reports of the Executive Director
 
Consent Items (1 - 3)
 
Cargo Marketing
 
1.         RESOLUTION NO. ____________ - APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOWARD HARTRY, INC., FTZ 202, SITE 60
 
Transmittal 1
Transmittal 2
Transmittal 3
 
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Howard Hartry Inc. (Howard Hartry) to operate its facility within FTZ 202, Site 60, located at 18701 Arenth Avenue, City of Industry, CA 91748. On October 4, 2019, the FTZ Board approved this location as a designated FTZ warehouse, under the alternative site framework as usage-driven Site 60. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 60 is a warehouse and office building totaling 2.25 acres located approximately 40 miles from the Port of Los Angeles. Howard Hartry will operate its facility under FTZ procedures as a multi-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $7,750 annually from Howard Hartry (per FTZ Tariff No. 2).
 
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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Howard Hartry; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.____________.
 


 
Cargo & Industrial Real Estate
 
2.         RESOLUTION NO. ____________ - APPROVE PERMIT NO. 951 WITH PORT MAINTENANCE GROUP, INC.
 
Transmittal 1
Transmittal 2
 
Summary: Staff requests approval of Permit No. 951 (Permit) with Port Maintenance Group, Inc. (PMG) for use of 100,625 square feet of paved land, 29,400 square feet of warehouse area, and 3,884 square feet of covered area (133,909 square feet in total) located at 921 New Dock Street, Terminal Island.  The site will be operated as a chassis repair and maintenance facility.  The proposed Permit will yield  $552,925.80 in revenue  in the first year, subject to fixed annual increases for Years 2 and 3 of 10.3 percent and 2.6 percent, respectively, with further adjustments in Years 4 and 5 based on the Consumer Price Index (CPI-U).  The total term of the Permit will not exceed five years.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (3) approve Permit No. 951 with Port Maintenance Group, Inc.; (4) authorize the Executive Director to Execute and the Board Secretary to attest to Permit No. 951; and (5) adopt Resolution No.____________.
 

 
 
Port Police
 
3.         RESOLUTION NO. ____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TIMOTHY J. RILEY FOR INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS CONSULTING SERVICES
 
Transmittal 1
Transmittal 2
 
Summary: Staff requests approval of an Agreement with Timothy J. Riley (Consultant), Laguna Niguel, CA, to provide professional services for management, coordination and completion of complex Los Angeles Harbor Department (Harbor Department) public safety/law enforcement technology and radio projects. The Consultant will provide additional services by researching, developing, recommending and implementing supply chain technologies for improved efficiency, security, resiliency, and tracking, and industry benefits associated with the Harbor Department.   The Harbor Department needs specialized expertise that is technical in nature to assist with the implementation of complex law enforcement related technology initiatives and programs, and to provide unique assistance to carry out the functions and duties of the Los Angeles Port Police Division (Port Police). Additional specialized expertise is required for cyber programs and technology for improved supply chain efficiencies. The Agreement will be for one year with two one-year renewal options, for a total not to exceed of $670,057.75 This Agreement is the financial responsibility of the Harbor Department.
 
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, and of a temporary and occasional character, and, although there are City job classifications with the expertise to perform the work being proposed for contracting, none are available to assist with this project; (3) award the one-year agreement with two, one-year renewal options to Timothy J. Riley; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
 


 
Regular Items (4 & 5)
 
Port Pilots
 
4.         RESOLUTION NO. ____________ - APPROVE TEMPORARY ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 370 – “VESSEL TRAFFIC SERVICE USER FEES”
 
Transmittal 1
Transmittal 2
Transmittal 3
 
Summary: Staff requests approval of a temporary amendment to the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 370 – Vessel Traffic Service User Fees (VTSUF).  The Marine Exchange of Southern California (MX) operates a Vessel Traffic Service (VTS) that monitors vessel traffic within and approaches to the Ports of Los Angeles and Long Beach (the Ports). The VTS provides mariners with timely, relevant, and accurate information for the purpose of safe, secure, efficient, reliable, and environmentally sound maritime transportation.  VTSUF are assessed on a monthly basis for local vessels such as tugs and tows, ferries, commercial rescue and emergency vessels, and whale watch boats.  For non-local entry vessels, VTSUF are assessed based upon a vessel’s gross tons (GT) and length over all (LOA) upon arrival at the Ports.  Currently, monthly VTSUF on local vessels range from $30 - $355 per month.  VTSUF on non-local entry vessels currently range from $236 - $500 per visit based upon LOA, and non-local entry vessels also pay an additional tonnage fee of $0.0032 per GT per visit.  Non-local entry vessels with an LOA of 340 meters or more are currently subject to the maximum LOA fee of $500 per visit. Effective April 1, 2021, the proposed amendment would increase the VTSUF range on local vessels on a one-time basis by anywhere from $5 to $40 to a proposed range of $35 - $395 per month. For non-local entry vessels, the proposed amendment would apply an annual 10.5% increase to LOA and GT fees, effective April 1 of each of the next five years.  In addition, the maximum LOA fee would be applied to non-local entry vessels with an LOA of 335 meters or more.  After the proposed five 10.5% increases are applied, by April 1, 2025, the LOA fee range would increase to $388 - $824 per visit (relative to the current $236 - $500 per visit).  In addition, the GT fee in effect as of April 1, 2025 would be $0.0053 (relative to the current $0.0032 per GT). As VTSUF are paid directly to MX, there is no financial impact to the Harbor Department associated with this action.
 
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 the Port of Los Angeles Tariff No. 4, revising Section Three Pilotage, Item No. 337 – Vessel Traffic Service User Fees, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with 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. ______ - to amend Section Three Pilotage, Item No.337, Vessel Traffic Service User Fees in the Port of Los Angeles Tariff No. 4; (4) authorize the Board Secretary to certify to the adoption of the 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 prior to adoption by Ordinance for a period not-to exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
 
 
 
 
Port Pilots
 
5.         RESOLUTION NO. ____________ - APPROVE PERMANENT ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 370 – “VESSEL TRAFFIC SERVICE USER FEES”
 
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
 
Summary: Staff requests approval of an amendment to the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 370 – Vessel Traffic Service User Fees (VTSUF). The Marine Exchange of Southern California (MX) operates a Vessel Traffic Service (VTS) that monitors vessel traffic within and approaches to the Ports of Los Angeles and Long Beach (the Ports). The VTS provides mariners with timely, relevant, and accurate information for the purpose of safe, secure, efficient, reliable, and environmentally sound maritime transportation.  VTSUF are assessed on a monthly basis for local vessels such as tugs and tows, ferries, commercial rescue and emergency vessels, and whale watch boats.  For non-local entry vessels, VTSUF are assessed based upon a vessel’s gross tons (GT) and length over all (LOA) upon arrival at the Ports.  Currently, monthly VTSUF on local vessels range from $30 - $355 per month.  VTSUF on non-local entry vessels currently range from $236 - $500 per visit based upon LOA, and non-local entry vessels also pay an additional tonnage fee of $0.0032 per GT per visit.  Non-local entry vessels with an LOA of 340 meters or more are currently subject to the maximum LOA fee of $500 per visit. Effective April 1, 2021, the proposed amendment would increase the VTSUF range on local vessels on a one-time basis by anywhere from $5 to $40 to a proposed range of $35 - $395 per month. For non-local entry vessels, the proposed amendment would apply an annual 10.5% increase to LOA and GT fees, effective April 1 of each of the next five years.  In addition, the maximum LOA fee would be applied to non-local entry vessels with an LOA of 335 meters or more.  After the proposed five 10.5% increases are applied, by April 1, 2025, the LOA fee range would increase to $388 - $824 per visit (relative to the current $236 - $500 per visit).  In addition, the GT fee in effect as of April 1, 2025 would be $0.0053 (relative to the current $0.0032 per GT). As VTSUF are paid directly to MX, there is no financial impact to the Harbor Department associated with this action.
 
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 the Port of Los Angeles Tariff No. 4, revising Section Three Pilotage, Item No. 337 – Vessel Traffic Service User Fees, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with 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. ______ - to amend Section Three Pilotage, Item No. 337, Vessel Traffic Service User Fees in the Port of Los Angeles Tariff No. 4; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order and the Ordinance approving the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Tariff No. 4 as stated above, and upon its publication, transmit the Orders and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website; and (6) adopt Resolution No.____________.
 
 
 
K.        Closed Session
 
1.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
City of Los Angeles v. Certain Underwriters at Lloyd’s, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
 
 
2.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION            
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
Environmental Compliance Solutions, Inc., et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 21STCV02498
 
 
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.
Los Angeles Superior Court Case No. BS070017
 
 
4.         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. 20STCP02978
 
 
5.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
South Coast Air Quality Management District v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 20STCP02985
 
 
6.         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)

 
7.         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
 
 
8.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            (Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Permit 899 with Pacific Battleship Center:
 
Property:                                Berths 88-89, San Pedro
 
City Negotiator:                     Michael Galvin
 
Tenant Negotiator:               Johnathan Williams
 
Negotiating Parties:             City and Pacific Battleship Center
 
Under Negotiation:               Price and Terms
 
 
 
L.         Adjournment
 

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