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 21, 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
- Intermodal Container Transfer Facility – Joint Powers Authority Governing Board Meeting of September 13, 2023
G. Approval of the Minutes
- Regular Meeting of September 7, 2023
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
Port Police
1. RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR REIMBURSEMENT OF URBAN AREA SECURITY INITIATIVE FUNDS FOR FISCAL YEAR 2022
Summary: Staff requests approval to enter into a Memorandum of Agreement (MOA) with the City of Los Angeles (City), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2022 Urban Area Security Initiative (UASI) Grant Program. If approved, the proposed Federal award will be for $1,000,000 with an award date of September 1, 2022. Under the terms of the proposed MOA, the Harbor Department will be fully reimbursed for the $1,000,000 in expenses expected to be incurred for the maintenance of the Land Mobile Radio Upgrade Project. The award is for a three-year period ending May 31, 2025. There is no cost share required under this FY 2022 UASI Grant Program. The Harbor Department will be financially responsible for incurring expenses associated with the initial purchase of $1,000,000 for maintenance authorized under this MOA.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(6) of the Los Angeles City CEQA Guidelines; (2) approve the Grant Award between the City of Los Angeles Harbor Department and the City of Los Angeles for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2022 Urban Area Security Initiative; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the Harbor Department to implement the project approved for funding by the City; and (5) adopt Resolution No. ____________ accepting the Grant Award for UASI FY 2022.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No._____________.
Accounting
Summary: Staff requests approval to enter into a three-year term Local Agency User Agreement with U.S. Bank National Association (U.S. Bank) to provide Travel Payment Services (TPS) to the City of Los Angeles Harbor Department (Harbor Department) by participating in an agreement between the State of California (State) and U.S. Bank (State’s Master Agreement). The initial term of the State’s Master Agreement is for three years through October 31, 2026. By utilizing the TPS under the agreement, selected Harbor Department staff can utilize charge cards towards business and travel reservation services in accordance with existing travel policies and procedures of the City of Los Angeles. This agreement will replace the Harbor Department’s current agreement with Citibank. The Harbor Department will continue to be financially responsible for the payment of as-needed travel expenses incurred through use of the TPS 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 the proposed Local Agency User Agreement between the Harbor Department and U.S. Bank National Association for a three-year term; (3) authorize the Executive Director or designee to submit the U.S. Bank Participating Entity application via the U.S. Bank onboarding portal; (4) authorize the Executive Director or designee to sign the Local Agency User Agreement upon U.S. Bank’s approval of the Department’s Participating Entity application; and (5) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Customs Air Warehouse, LLC (Customs Air), to operate its facility within FTZ No. 202, Site 10E, located at 907 E. 236th Street, Carson, CA 90745. Site 10E consists of a 6.26-acre site with approximately 152,222 square feet of warehousing and office space located eight miles from the Port of Los Angeles. Customs Air 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 Customs Air (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 Harbor Department and Customs Air; (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.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Lessee License Agreement (LLA) template and authorization for the Executive Director to approve and execute various LLAs on an as-needed basis to gain access to property that has been entitled to San Pedro Public Market, LLC (SPPM) under Lease No. 915. During the construction of the Waterfront Promenade Improvement Project which is a Harbor Department obligation to complete under Lease No. 915 with SPPM, the Harbor Department, its contractors and/or its agents will require non-possessory rights to access certain areas leased by SPPM for ingress and egress, pre-construction and construction-related activities.
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 template entitled Lessee License Agreement; (3) authorize the Executive Director, or designee, to approve and execute the approved template; and (4) adopt Resolution No.____________.
Construction & Maintenance
Summary: The Construction and Maintenance Division (C&M) requests approval of Contract No. 40005 with Process Group America, Inc. dba Process Group America, headquartered in Cambridge, Ontario, Canada, with an office presence in San Ysidro, California, for the purchase of a replacement compressed natural gas (CNG) compressor system in the amount of $799,693.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 categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 2(2) 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. 40005 with Process Group America, Inc. dba Process Group America (PGA) for the purchase and installation of a CNG Compressor system in the amount of $799,693; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40005 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Regular Item (7)
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Order resetting compensation under Permit No. 529 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and Intermodal Container Transfer Facility (ICTF) Joint Powers Authority (JPA), and companion sublease between the JPA and Union Pacific Railroad Company (Union Pacific), for the five-year period of December 1, 2021, through November 30, 2026. Both the Guaranteed Annual Rent amount (GAR) and the Container Charge for Each Movement (CCEM), further explained below, are subject to reset. Under the proposed reset, GAR will retroactively increase by $10,535,211.40, or 83 percent, from $12,690,788.60 as of November 30, 2021 to $23,226,000.00 as of December 1, 2021. In addition, the CCEM will retroactively increase by $36.59, or 109 percent, from $33.56 as of November 30, 2021 to $70.15 as of December 1, 2021. Thereafter, rent would be subject to scheduled increases per table below.
|
Effective Date
|
GAR
|
CCEM
|
|
12/1/2021
|
$23,226,000.00
|
$70.15
|
|
12/1/2022
|
$24,371,041.80
|
$73.60
|
|
12/1/2023
|
$25,102,173.05
|
$75.81
|
|
12/1/2024
|
$25,855,238.25
|
$78.09
|
|
12/1/2025
|
$26,630,895.39
|
$80.43
|
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 Permit No. 529 with Intermodal Container Transfer Facility Joint Powers Authority for the five-year period of December 1, 2021 to November 30, 2026; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 529; and (4) adopt Resolution No._______________ and Order 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: (two cases)
L. Adjournment