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, DECEMBER 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. Members of the public who do not complete their comments with the time allotted, can submit their full comments in writing for inclusion in the record. 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. Approval of the Minutes
- Regular Meeting of November 16, 2023
- Special Meeting of November 29, 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
- Audit Committee Meeting of November 16, 2023
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Cargo & Industrial Real Estate
Summary: Staff requests approval of a non-binding Memorandum of Understanding (MOU) amongst the City of Los Angeles Harbor Department (POLA or Harbor Department), Los Angeles County Metropolitan Transportation Authority (Metro), Union Pacific Railroad Company (UPRR), Port of Long Beach (POLB), and the Alameda Corridor Transportation Authority (ACTA), regarding Metro’s proposed West Santa Ana Branch Transit Corridor (WSAB) project. The WSAB project will expand light rail passenger service along the West Santa Ana Branch Transit Corridor (WSAB) to connect southeast Los Angeles County to downtown Los Angeles and is proposed to be constructed within a portion of POLA-POLB jointly owned former UPRR San Pedro Branch Line, which is a designated Alameda Corridor emergency rail line. The proposed WSAB Light Rail Transit (LRT) line will not impact the operation of this rail line and the POLA has no objections to the currently proposed LRT line alignment contained in Metro’s draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS). The purpose of the MOU is to coordinate the advancement of design and planning for construction, property interests, operation, and maintenance of the WSAB project. The term of the MOU is three years, and there is no financial impact related to this MOU.
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 Memorandum of Understanding amongst City of Los Angeles Harbor Department, the Los Angeles County Metropolitan Transportation Authority, Union Pacific Railroad Company, the Port of Long Beach and the Alameda Corridor Transportation Authority; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding on behalf of the Board; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Revocable Permit No. 21-16 (RP 21-16) with Taylored Transload, LLC (Taylored), to i) extend the expiration date by two years from January 31, 2024 to January 31, 2026, subject to cancellation with 90 days’ notice; ii) update the provision for annual rent adjustments; and iii) consent to a one-time change in the upstream ownership and control of Taylored. The consent is conditioned upon Taylored paying a one-time transfer fee in the amount of $493,560 and furnishing a guaranty from Taylored’s new upstream owner, AMG Logistics Group, LLC (AMG) to replace the existing guaranty. All other terms, conditions, and obligations would remain unchanged.
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(14) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Revocable Permit No. 21-16 with Taylored Transload, LLC; (3) approve the Guaranty provided by AMG Logistics Group LLC; (4) approve the termination of the existing guaranty furnished by Taylored Services Parent Co. effective January 31, 2024; (5) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Revocable Permit 21-16; and (6) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the proposed First Amendment to Reimbursement Agreement No. 21-9795 (Agreement) with Bellwether Financial Group (Bellwether) to reimburse the City of Los Angeles Harbor Department (Harbor Department) 100% of staff and consultant costs associated with the preparation of project documents for an environmental evaluation to develop and occupy Berth 44 and associated premises (Site), with the exception of costs related to assessment of contaminated soil and/or water impacts and historical resources. The proposed First Amendment would extend the duration of the existing Agreement by two years, from three years currently to five years, as proposed. No other modifications are proposed. Bellwether will continue to be financially responsible for the costs associated with the preparation of the project document.
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 Reimbursement Agreement No. 21-9795 with Bellwether Financial Group; (3) direct the Board Secretary to transmit the First Amendment to Agreement No. 21-9795 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(a) of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 21-9795 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Information Technology
Summary: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval of the First Amendment to Agreement No. 20-3764 and Consent to Assignment and Assumption from Saab Technologies Ltd. (Saab) to Tidalis Americas Ltd. (Tidalis). The requested First Amendment would allow a one-time transfer to reflect the vendor’s name change due to Saab being acquired by Agilitas 2020 Private Equity GP Sarl which is now Tidalis. All other terms and conditions of the Agreement remain unchanged. 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) approve the First Amendment to Agreement No. 20-3764 with Saab Technologies Ltd. to allow a one-time assignment to Tidalis Americas Ltd., effective March 31, 2023; (3) approve the Assignment and Assumption of Agreement No. 20-3764 and Consent Thereto, effective March 31, 2023; (4) direct the Board Secretary to transmit the First Amendment to Agreement No. 20-3764 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) direct the Board Secretary to transmit the Assignment and Assumption of Agreement 20-3764 and Consent Thereto 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; (6) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment and Assignment and Assumption of Agreement for and on behalf of the Board; and (7) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of Contract No. 40026 with Willard Marine, Oceanside, CA for the purchase of two (2) 33-foot Surf Pro Rescue/Patrol vessels to replace two vessels currently in use for patrol operations by the Los Angeles Port Police (Port Police). The contract with Willard Marine is outlined in Formal Bid Request Number F-1184. The total contract amount is $3,153,256 inclusive of applicable taxes. The contract includes the design, construction, and delivery of the rescue/patrol vessels and includes two spare transmissions and one spare engine. The City of Los Angeles Harbor Department (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) award and approve Contract No. 40026 to Willard Marine for the purchase of the two 33’ Surf Pro Rescue/Patrol vessels in the amount of $3,153,256, including applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40026 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval to accept and enter into a Grant Award EMW-2023-PU-00209 with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2023 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be in the amount of $2,093,901 with an award date of September 1, 2023. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance $1,000,000, Cyber Threat Detection Software and Storage $1,000,000, and Port of Los Angeles (POLA) Dive Equipment $93,901. The award is for a three-year period ending August 31, 2026. A 25% cost share is required under this FY 2023 PSGP, which will be funded by the Harbor Department. The Harbor Department’s total cost share for the projects is $697,967, for a total cost of $2,791,868 for all three projects.
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, Grant No. EMW-2023-PU-00209 between the City of Los Angeles Harbor Department and the United States Department of Homeland Security, Federal Emergency Management Agency for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2023 Port Security Grant Program; (3) authorize the Co-Chair of the Area Maritime Security Committee or their designee, having previously been delegated signing authority by 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 projects approved for funding by the DHS; and (5) adopt Resolution No. ____________ accepting the Grant Award for EMW-2023-PU-00209 for FY 2023 PSGP.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and California Dining Services (Cal Dining) to provide professional food service and management of the Port Pantry Café (Port Pantry) at the Harbor Administration Building (HAB) and provide vending machine, catering, and coffee services. The proposed term of the Agreement is three years. Proposed annual compensation is $175,000, or $525,000 over the three-year term to cover anticipated costs associated with the subsidy, catering, and coffee services. Cal Dining was selected through the Harbor Department’s Request for Proposal (RFP) process. Approval of this Agreement will provide uninterrupted operation of the Port Pantry for employees and visitors. Cal Dining is currently operating the Port Pantry under Agreement No. E6975, which expires on January 25, 2024.
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 an outside contractor to perform this work than City employees; (3) approve the Agreement with California Dining Services; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Regular Item No. 8
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Order resetting compensation under Holdover Permit No. 560 with Vopak Terminal Los Angeles, Inc. (Vopak). The proposed land rent for the holdover reset period of August 30, 2023 through August 29, 2028 will be $7,007,864.50 per year ($1,751,966.13 per quarter) an upward adjustment of 16 percent from the current annual compensation of $6,036,080.92. The reset of compensation will be retroactively effective on August 30, 2023, followed by annual Consumer Price Index (CPI) adjustments beginning on August 30, 2024. Permit 560 is on Holdover after its expiration on April 29, 2023 due to ongoing CEQA review for the new wharf redevelopment project as required by the California State Lands Commission Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS). Staff anticipate executing a new permit with Vopak in 2024.
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 to Permit No. 560 with Vopak Terminal Los Angeles, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation under Permit No. 560; and (4) adopt Resolution No. _________________ and Order No. ___________________.
K. Closed Session
1. 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)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Order 4506 and proposed Franchise Agreement with Southern California Gas Company
Property: Subsurface pipelines serving Southern California Gas Company customers throughout the Harbor District
City Negotiator: Marisa Katnich
Tenant Negotiator: Geoffrey Danker
Negotiating Parties: City and Southern California Gas Company
Under Negotiation: Price and Terms
L. Adjournment