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, SEPTEMBER 7, 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
BOARD MEETINGS - The Board’s Regular Meetings are held at 9:00 A.M. at the Harbor Administration Building Boardroom as scheduled on the Port’s website at www.portoflosangeles.org. A quorum of three of five Commissioners is required to transact business and three Aye votes are required to carry a motion.
OPPORTUNITIES FOR THE PUBLIC TO ATTEND THE MEETING AND PROVIDE PUBLIC COMMENTS
- Members of the public may attend the Board meeting in person at the Harbor Administration Building located at 425 S. Palos Verdes St., San Pedro, CA 90731.
- Board meetings may be heard at: (213) 621-CITY (Metro), (818) 904-9450 (Valley), (310) 471-CITY (Westside) and (310) 547-CITY (San Pedro Area) with live broadcast accessibility at https://www.portoflosangeles.org/commission/agenda-archive-and-videos.
- In-Person Comments: Live, oral public comments will be taken in person, only, and not via teleconference. Members of the public will be given an opportunity to address the Board on (1) any item on the agendas prior to the Board’s consideration of that item, including the consent and closed session agenda; and (2) subjects within the subject matter jurisdiction of the Board (general public comment). Members of the public who wish to speak should complete a speaker card indicating the agenda item number on which they will comment, or designate “general public comment.” Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine if such period of time should be reduced or extended based upon, but not limited to, such factors as the length of the agenda or substance of the agenda items, the quantity of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable and/or the Board is at risk of losing a quorum, among other factors. Upon request, non-English speakers will be granted additional speaking time for translation assistance.
- Written comments or materials may be submitted by emailing commissioners@portla.org or brought to the meeting. If you request to distribute documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official meeting record. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered into the official meeting minutes. Please submit your written comments prior to 3:00pm on the day before the scheduled meeting. Requests to distribute literature to the general public attendees of the meeting shall be placed on a literature table outside the Boardroom during and until 30 minutes after the Board meeting.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: commissioners@portla.org, un día antes de la junta, o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444 para grabar su mensaje. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
ADDITIONAL INFORMATION
- Commission actions are not final until the expiration of the next five meeting days of the City Council except actions subject to appeal or review by the Council pursuant to the Charter, ordinance or other applicable law. If the Council asserts jurisdiction during this five meeting-day period, the Council has 21 calendar days thereafter in which to act on the matter.
- Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will post the revised agenda on the Port’s website (www.portoflosangeles.org/). Updated agendas will also be available at the meeting.
- Notice to Paid Representatives: If you are compensated to monitor, attend, or speak at this meeting, City law may require you to register as a lobbyist and report your activity. See Los Angeles Municipal Code 48.01 et seq. More information is available at ethics.lacity.org/lobbying. For assistance, please contact the Ethics Commission at (213) 978-1960 or ethics.commission@lacity.org.
- As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required.
- If you have any questions regarding meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
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 August 24, 2023
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 3)
Environmental Management
Summary: Staff requests approval of the proposed agreements with Ocean Blue Environmental Services, Inc., Republic DBA NRC Environmental Services Inc., and Ancon Marine DBA Ancon Services to provide as-needed emergency response and hazardous waste management services for the City of Los Angeles Harbor Department including support of Port Police, Construction and Maintenance, and Real Estate Division activities. This action will authorize three Agreements, each for a three-year term, with a combined total not-to-exceed amount of $9,000,000. The Harbor Department is financially responsible for payment of services incurred under the 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 City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants than by City of Los Angeles employees; (3) approve the Agreement with Ocean Blue Environmental Services, Inc. for a term of three years for the total not-to-exceed amount of $3,250,000; (4) approve the Agreement with Republic DBA NRC Environmental Services Inc. for a term of three years for the total not-to-exceed amount of $3,250,000; (5) approve the Agreement with Ancon Marine DBA Ancon Services for a term of three years for the total not-to-exceed amount of $2,500,000; (6) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (7) adopt Resolution No.____________.
Construction & Maintenance
Summary: Staff requests approval of Change No. 1 to Purchase Order No. 39961-23 with Tell Steel of Long Beach, CA which will increase the annual contract authority from $149,000 to $298,000 per year. The Harbor Department utilizes this Purchase Order to acquire ferrous and non-ferrous metal as may be required for both maintenance and construction projects throughout the Port of Los Angeles. The requested increase is necessary to complete current and planned capital and maintenance projects. Purchase Order No. 39961-23 was executed in February 2022 with a one-year term and two one-year renewal options. Under the proposed Change Order, the spending authority for the first and second option period will increase by $298,000 in aggregate from $298,000 currently to $596,000 over two years. The Harbor Department will continue to be financially responsible for the payment of expenses incurred under the Purchase Order.
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 Purchase Order Change No. 1 to Purchase Order No. 39961-23 with Tell Steel to increase the annual expenditure authority from $149,000 to $298,000 for the first option period and the second option period (3) authorize the Executive Director to execute and the Board Secretary to attest to said purchase order change; and (4) adopt Resolution No.____________.
Executive Office
Recommendation: Board resolve to (1) adopt subject Resolution No.__________.
Regular Items (4 – 9)
Construction
Summary: Staff requests approval of an award of a contract to Reyes/Larison JV to construct the Berths 177-182 Marine Improvements. The Project consists of demolishing a timber wharf structure, driving concrete piles, constructing a new concrete wharf, repairing timber pile, as well as repairing and improving the slope. In addition, the proposed Contract will facilitate repairs to address slope erosion at Berths 167-169. The lowest responsive and responsible bidder is Reyes/Larison JV, located at 1383 South Signal Drive, Pomona, California 91766. The Contract amount of $20,986,950, plus a 10% contingency, is $23,085,645, and the Contract duration is 425 calendar days. The City of Los Angeles Harbor Department will be financially responsible for 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(f) and Article III Class 2(2) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve Specification No. 2799 for Item Nos. 1 through 39 of the Bid Proposal Line Items to Reyes/Larison JV for a total amount of $23,085,645 including a 10% contingency, and a total term of 425 calendar days; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) adopt Resolution No.___________.
Cargo Marketing
Summary: Staff requests approval of a Temporary Order approving an amendment to Port of Los Angeles Tariff No. 4, Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part of the allowable free time on inbound containerized merchandise, provided the marine terminal operator’s truck gates are announced or published as being open for container delivery on those days. Additionally, to deter Port terminal property from being used as a cargo storage facility, Item 780 would be modified to add a third demurrage tier for merchandise remaining on terminal for more than 10 days after the expiration of free time. The proposed amendment would become effective on October 1, 2023. This Temporary Order is being proposed within the Board of Harbor Commissioners’ 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, modifying rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780, 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 October 1, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780; (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 October 1, 2023, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b), and post the Temporary Order circular to the Port of Los Angeles website; and (5) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of a Permanent Order approving an amendment to Port of Los Angeles Tariff No. 4, Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part of the allowable free time on inbound containerized merchandise, provided the marine terminal operator’s truck gates are announced or published as being open for container delivery on those days. Additionally, to deter Port terminal property from being used as a cargo storage facility, Item 780 would be modified to add a third demurrage tier for merchandise remaining on terminal for more than 10 days after the expiration of free time. The proposed amendment would become effective on October 1, 2023. A separate action recommends a Temporary Order to make changes to the Tariff within the Board of Habor Commissioners’ authority to adopt rates for up to 90 days, with any rates to be effective beyond the 90 days requiring this Permanent Order to be approved by City Council ordinance.
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, modifying rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780, 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 October 1, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780; (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._________.
Environmental Management
Summary: Staff requests approval of a proposed First Amendment to Agreement No. 22-9856 with CALSTART, Inc. for the administration of the Port of Los Angeles Zero-Emission Truck Voucher Incentive Program. The First Amendment would allow incentive funding to be combined with the California Air Resources Board Hybrid and Zero-Emission Voucher Incentive Project and other incentive funding sources. In addition, the First Amendment will streamline payment processing. The City of Los Angeles Harbor Department will continue to be financially responsible for all expenses related to 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) approve the First Amendment to Agreement No. 22-9856 with CALSTART, Inc.; (3) authorize the Executive Director to execute and Board Secretary to attest to said amendment for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No._________.
Information Technology
Summary: Staff requests approval of the First Amendment to Agreement No. 20-3776 with International Business Machines Corporation for the Cyber Resilience Center project. The proposed First Amendment is to continue enhancements and operation of the CRC, a first-of-its-kind solution that reduces the risk of a port-wide cyber incident that could disrupt the flow of cargo at the Port of Los Angeles by serving as an early warning system for its ecosystem with improved quality, quantity, and speed of cyber information sharing. The Port of Los Angeles ecosystem are stakeholders that consist of terminal operators, shipping lines, railroad companies, trucking companies, chassis providers, cross-sector companies, marine exchange, the Port’s Cyber Security Operations Center, and relevant cyber-physical intelligence sources. By sharing relevant Port of Los Angeles cyber information across the ecosystem, the CRC results in greater collective knowledge and stronger Port community cyber resiliency. The proposed First Amendment will extend the term of Agreement No. 20-3776 by two additional years, for a total of five years, and increase the not-to-exceed compensation by an additional $5,000,000, for a total not-to-exceed compensation amount of $11,800,000. The proposed First Amendment is for hardware, software and services required to continue to enhance, operate, maintain, and support the turn-key CRC solution. The recommendation to select IBM for Agreement No. 20-3776 was based on the competitive Request for Proposals process performed by the City of Los Angeles Harbor Department. IBM is headquartered in New York, with offices throughout Southern California. The Harbor Department will continue to be financially responsible for the payment of expenditures 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 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. 20-3776 with International Business Machines Corporation to extend the term of the existing Agreement to five years and increase the not-to-exceed compensation amount to $11,800,000 in order to continue to enhance, operate, maintain and support the turn-key Cyber Resilience Center solution; (4) direct the Board Secretary to transmit said 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; (5) authorize the Executive Director to execute and the Board Secretary to attest the said First Amendment to Agreement No. 20-3776 for and on behalf of the Board; and (6) adopt Resolution No._________.
Office of the City Attorney
Summary: The Office of the City Attorney at the City of Los Angeles Harbor Department requests approval of a First Amendment to Agreement No. 22-9911 with Nossaman LLP. The proposed First Amendment will increase the Agreement authority by $988,625, from $150,000 currently, to $1,138,625 as proposed. The three-year Agreement term will remain unchanged; the Agreement will expire on December 7, 2025. The additional funding will allow Nossaman to continue to represent the Port of Los Angeles in ongoing litigation related to the Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al (state court action identified as Superior Court Case No. 21STCV15500). The Harbor Department will continue to be financially responsible for 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 Charter Section 1022, the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the First Amendment to Agreement No. 22-9911 with Nossaman, to increase the agreement authority by $988,625 from $150,000 to $1,138,625; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment; 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: (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 a proposed lease with Santa Catalina Island Conservancy:
Property: Mt. Black Jack, Santa Catalina Island
Assessor’s Parcel Number 7480-041-002
City Negotiator: Michael Galvin
Tenant Negotiator: Rob Ledebur
Negotiating Parties: City and Santa Catalina Island Conservancy
Under Negotiation: Price and Terms
L. Adjournment