Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
San Pedro, California 90731
SPECIAL MEETING AGENDA
FRIDAY, MARCH 15, 2024 AT 10:00 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 10:00 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 February 29, 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 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
None
H. Presentation
I. Level I Coastal Development Permit
None.
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Port Police
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department and JL Group, LLC (JL Group), to provide professional services for the provision of as-needed internal affairs investigations. Although the Los Angeles Port Police typically handles/investigates cases in-house, JL Group will handle those cases where a potential conflict of interest within Port Police has arisen. Furthermore, JL Group will be available to assist if there is a large caseload or if a case has very technical or complex issues that require additional expertise. This action will authorize a three-year contract term for a total not to exceed amount of $60,000. The Harbor Department is 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) find that in accordance with the Los Angeles City Charter Section 1022, there are City employees with the expertise to perform portions of the work being proposed for contracting; however, the project is of limited duration with employees having to be laid off when work is completed. Additionally, the project exceeds staffing availability; (3) award the three-year agreement to JL Group, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No. ___________.
Environmental Management
Summary: Staff requests approval of the proposed First Amendment to Agreement No. 19-3626 between the City of Los Angeles Harbor Department and Leidos, Inc., a corporation of Delaware, to provide air quality monitoring services for the four Port of Los Angeles’ air quality monitoring stations located in San Pedro and Wilmington. The proposed First Amendment extends the contract term from March 21, 2024 to December 31, 2024 and adds funds in the amount of $444,316.30 for a not-to-exceed amount of $3,753,810.30. The Harbor Department is financially responsible for the costs associated with the proposed Amendment.
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 First Amendment to Agreement No. 19-3626 with Leidos, Inc. to extend the term to December 31, 2024 and increase the total not-to-exceed amount to $3,753,810.30; (3) 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(a) of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Office of the City Attorney
Summary: The Office of the City Attorney requests approval of the Second Amendment to Agreement No. 21-9809 between the City of Los Angeles Harbor Department and Thompson Coburn LLP. The proposed Second Amendment extends the Agreement term by three years to June 27, 2027, and increases the maximum compensation authority by $225,000 for a total maximum compensation of $550,000. Under Agreement No. 21-9809, Thompson performs legal services to assist our Office in advising the Harbor Department on Federal Clean Air Act Air Agency regulation and litigation. The Harbor Department is financially responsible for payment for legal services rendered under Agreement No. 21-9809.
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 in accordance with Charter Section 1022 that the scope of work of the proposed Agreement can be more economically or feasibly provided by an independent contractor than by City employees (3) approve the Second Amendment to Legal Services Agreement No. 21-9809 with Thompson Coburn LLP, to extend the term by three years to June 27, 2027, and increase the compensation authority by $225,000 for a maximum compensation authority of $550,000 (4) authorize and direct the Board Secretary to forward the Second Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment; and (6) adopt Resolution No. ___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 24-01 with Mortimer & Wallace, LLC and Los Angeles Harbor Grain Terminal, LLC, as joint tenants, concerning the use and occupancy of City of Los Angeles Harbor Department property located at 2422 E. Sepulveda Blvd in Los Angeles for purposes of the processing, handling, and storage of bulk agricultural products, petroleum coke, and other incidental purposes. Revocable Permit No. 24-01 would consolidate and serve as the successor to three existing revocable permits with Mortimer & Wallace for the same locations and permitted uses. Approval of the proposed Revocable Permit will increase monthly rent by $15,375.55, or 60 percent, from $25,625.91 currently to $41,001.46 per month as proposed. Provided that Revocable Permit No. 24-10 is not sooner terminated, effective July 1, 2025, monthly rent will increase to $59,862.13, effective July 1, 2026, and annually thereafter, monthly rent will increase by the greater of the annual change in the Consumer Price Index or three percent.
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 Revocable Permit No. 24-01 with Mortimer & Wallace, LLC and Los Angeles Harbor Grain Terminal, LLC, as joint tenants; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 24-01; and (4) adopt Resolution No. ___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit No. 18-06 with San Pedro Forklift, Inc. concerning the use and occupancy of City of Los Angeles Harbor Department property located at 2418 E. Sepulveda Blvd in Los Angeles for purposes of operating a transloading business. Approval of the proposed continuation will increase monthly rent by $13,095.83, or 75 percent inclusive of then current CPI, from $17,461.13 currently to $30,556.96 as proposed, effective September 19, 2024. Provided that Revocable Permit No. 18-06 is not sooner terminated, effective September 19, 2025, monthly rent will increase to $53,474.67 inclusive of then current CPI, and effective September 19, 2026, monthly rent will increase by the greater of the annual change in the Consumer Price Index or 3 percent. Thereafter, rent will increase by the annual change in CPI.
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 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 18-06 with San Pedro Forklift, Inc. subject to resetting compensation as set forth in this Resolution; and (3) adopt Resolution No. ___________.
Cargo Marketing
Summary: Staff requests approval of a Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Realstock PMC Corporation, to operate its facility within FTZ No. 202, Site 70, located at 3760 West Century Blvd., Inglewood, CA 90303. 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 Realstock PMC.
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 Realstock PMC Corporation; (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. ___________.
Construction & Maintenance
Summary: Staff requests approval of the First Amendment (Amendment) to Agreement No. 21-9816 (Agreement) with American Marine Corporation (AMC) of San Pedro, California for on-call underwater diving services. Approval of the proposed Amendment will adjust rates and increase the 3-year Agreement budget by $500,000 from $4,200,000 to $4,700,000 to ensure sufficient funding for services as labor wage and benefits have increased. The Agreement is set to expire on August 5, 2024. The City of Los Angeles Harbor Department (Harbor Department) will continue to be 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) approve the First Amendment to Agreement No. 21-9816 with AMC (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 21-9816; and (4) adopt Resolution No. ___________.
Regular Items (8 – 11)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Fourth Amendment to Permit No. 899 with Pacific Battleship Center, a museum and educational facility commonly referred to as the USS Iowa. If approved, the proposed Amendment will extend the expiration date of P899 by 30 years from May 24, 2027, currently to May 24, 2057, as proposed. Based upon an effective date of May 25, 2012, approval of the proposed Amendment would result in an aggregate term of forty-five (45) years under P899. Extension options would no longer be included as part of the proposed Amendment, and all other material terms of P899 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 Fourth Amendment to Permit No. 899 with Pacific Battleship Center; (3) direct the Board Secretary to transmit the Fourth Amendment to Permit No. 899 to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Fourth Amendment for Permit No. 899 upon approval by the City Council; and (5) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Memorandum of Understanding with the Los Angeles Department of Water & Power to allow the City of Los Angeles Harbor Department to access and enter approximately 5.08 acres of property owned by LADWP consisting of Parcels B and C in Exhibit A located on either side of Harry Bridges Boulevard and west of Avalon Boulevard in Wilmington, CA. The MOU is for a term of five years and will allow the Harbor Department to commence remediation, development and construction activities incidental to the development of park improvements and to operate and maintain these improvements as a public park. The park improvements are expected to be completed in 2027 as part of the Wilmington Waterfront Promenade and Avalon Promenade and Gateway Projects. The Harbor Department and LADWP are in the process of negotiating a larger land swap transaction that, when complete, will transfer Parcels B and C to Harbor Department ownership. Use of Parcels B and C under the MOU is being provided rent-free; therefore, the Harbor Department’s financial obligations will not be impacted by the approval of the proposed MOU.
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) find that it is in the best interest of the Harbor Department to enter into a Memorandum of Understanding with the Los Angeles Department of Water & Power to enter Los Angeles Department of Water & Power property for purposes of remediation, development, operations and maintenance activities at Parcels B and C (3) approve the Memorandum of Understanding with Los Angeles Department of Water & Power; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding; and (5) adopt Resolution No. ___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Orders directing various City of Los Angeles Harbor Department tenants to relocate pipelines interfering with the Los Angeles Department of Water and Power Property Exchange Project. Staff is currently negotiating a property exchange with LADWP which will enable the Harbor Department to continue development activities within certain properties associated with the Project. To proceed, several underground and possibly above-ground pipelines from various companies must first be removed or relocated. The proposed Orders will serve as notice to impacted Harbor Department pipeline tenants in accordance with each pipeline tenant’s permit to remove or relocate the affected pipelines. The costs associated with the removal or relocation of affected pipelines will be the financial responsibility of the respective tenants.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15282(k) of the State CEQA Guidelines; (2) approve the Order directing Kinder Morgan Tank Storage Terminals LLC to change the route or location of its pipelines pursuant to Section 8(j) of Permit No. 708; (3) approve the Order directing Paramount Petroleum Corporation to change the route or location of its pipelines pursuant to Section 9(b) of Revocable Permit No. 07-18; (4) approve the Order directing Ultramar Inc./Valero Oil Company to change the route or location of its pipelines pursuant to Section 6(i) of Permit No. 306; (5) authorize the Board Secretary to attest to the Orders directing the aforementioned Harbor Department tenants to relocate their pipelines; and (6) adopt Resolution No. ___________.
Construction
Summary: Staff recommends that all bids for the Harbor Administration Building Board Hearing Room and Executive Session Room Remodel, Specification No. 2834 be rejected due to their non-compliance with Small Business/Very Small Business Enterprises participation requirements, and that the Project be re-advertised as it is in the best interest of the City of Los Angeles Harbor Department to do so to ensure the most competitive bids and lowest cost to the Harbor Department. The Project will replace all audio and visual equipment in the Board Hearing Room; modify the stage area, improve lighting and seating, and modify access to the stage. Improvements will also be made to the Executive Session Room, and adjoining kitchenette and restroom.
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) reject all bids for Specification No. 2834 and authorize the Executive Director to re-advertise the Project; and (3) 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 – 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: (two cases)
6. 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
7. 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)
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 11-07 and proposed new Revocable Permit with Terminal Islanders, Inc.:
Property: 2,158 square feet of space on Seaside Avenue on Terminal Island
City Negotiator: Michael Galvin
Tenant Negotiator: June Donovan
Negotiating Parties: City and Terminal Islanders, Inc.
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 Revocable Permit 15-10 with Los Angeles Regional Interoperable Communications System:
Property: Los Angeles Maritime Law Enforcement Training Center’s parking lot – 300 E. Water Street, Wilmington, CA 90744
City Negotiator: Michael Galvin
Tenant Negotiator: Jeanette Arismendez
Negotiating Parties: City and Los Angeles Regional Interoperable Communications System
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 Permit 724 with Los Angeles Yacht Club:
Property: 1500 S. Barracuda Street, San Pedro, CA 90731
City Negotiator: Michael Galvin
Tenant Negotiator: Darius Sariri
Negotiating Parties: City and Los Angeles Yacht Club
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 Permit 896 with Crafted at the Port of Los Angeles:
Property: 112 E. 22nd Street, San Pedro, CA 90731
City Negotiator: Michael Galvin
Tenant Negotiator: Wayne Blanke
Negotiating Parties: City and Crafted at the Port of Los Angeles
Under Negotiation: Price and Terms
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 915 with San Pedro Public Market, LLC:
Property: 1332 S. Harbor Boulevard, San Pedro, CA 90731
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market, LLC
Under Negotiation: Price and Terms
13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 733 with Fenix Marine Services, Ltd.:
Property: 614 Terminal Way, San Pedro, CA 90731
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
Under Negotiation: Price and Terms
L. Adjournment