March 27, 2024
SPECIAL MEETING NOTICE
SUBJECT: LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, MARCH 28, 2024
The Los Angeles Board of Harbor Commissioners is scheduled to meet for a Special Meeting on Thursday, March 28, 2024 at 10:00am. This meeting will be held in lieu of the previously scheduled Regular Meeting.
Commissioner Renwick’s teleconference location is:
Hotel Punta Leona Room 877
Punta Leona, Puntarenas, 61102, Costa Rica
AMKlesges
AMBER M. KLESGES
Board Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building Commissioner Renwick Teleconference Location:
425 S. Palos Verdes Street Hotel Punta Leona, Room 877
San Pedro, California 90731 Punta Leona, Puntarenas, 61102, Costa Rica
San Pedro, California 90731 Punta Leona, Puntarenas, 61102, Costa Rica
SPECIAL MEETING AGENDA
THURSDAY, MARCH 28, 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
- Special Meeting of March 15, 2024
- 2nd Special Meeting of March 15, 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
None
I. Level I Coastal Development Permit
The Executive Director has issued two (2) Level I CDPs:
J. Board Reports of the Executive Director
Consent Items (1 – 5)
Port Police
Summary: Staff requests approval of a Purchase Order Change No.1 under Contract No. 39965 with Motorola Solutions, Inc. for a Fixed Automated License Plate Recognition (ALPR) camera system inclusive of hardware, software, configuration, installation, multi-year extended warranty, and end-user training in support of enhancing security in the Port of Los Angeles and the Los Angeles Harbor District. Approval of the proposed action will enable solar powered cameras, rather than direct connection electric cameras, to be purchased under the Contract. The amount of the Contract will remain at $497,744.96; however, the City of Los Angeles Harbor Department (Harbor Department) will be financially responsible for street light maintenance costs if the proposed action is approved. The Harbor Department will continue to be financially responsible for the payment of expenses incurred under the Contract and ongoing maintenance expenses after the 5-year warranty expires.
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(6) of the Los Angeles City CEQA Guidelines; (2) approve Purchase Order Change No.1 under Contract No. 39965 with Motorola Solutions, Inc., for the purchase of the solar powered fixed automated license plate recognition system in the amount of $497,744.96, including applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Purchase Order Change No.1 for Contract No. 39965 for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Second Amendment to Agreement E7119 with Cal Pacific Land Services, Inc. for property management services related to certain railroad properties. The proposed Second Amendment (Amendment) would extend the Agreement by one year and increase the not-to-exceed amount by $40,000 from $100,000 currently to $140,000 as proposed over the four-year term. The one-year extension is needed at this time to allow for the continuation of railroad property management services while the City of Los Angeles Harbor Department conducts a competitive selection process for a successor company to perform these same services. 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 Second Amendment to Agreement No. E7119 between the City of Los Angeles Harbor Department and Cal Pacific Land Services, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No. E7119; and (4) adopt Resolution No. ___________.
Labor Relations & Government Affairs
Summary: Staff requests approval of an Agreement for federal government advocacy services on behalf of the City of Los Angeles Harbor Department with Kadesh and Associates, LLC. The firm is based in Los Angeles, and the Harbor Department’s points of contact are in Washington, D.C. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years. The total authority of the proposed Agreement is $324,000 over the three-year term or $108,000 per year. The Harbor Department is financially responsible for 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, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles employees; (3) approve the proposed Agreement with Kadesh and Associates, LLC for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $324,000; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No. ___________.
Labor Relations & Government Affairs
Summary: Staff requests approval of an Agreement for federal government advocacy services on behalf of the City of Los Angeles Harbor Department with Holland & Knight LLP. The firm is based in Los Angeles, and the Harbor Department’s points of contact are in Washington, D.C. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years. The total authority of the proposed Agreement is $324,000 over the three-year term or $108,000 per year. The Harbor Department is financially responsible for 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, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles employees; (3) approve the proposed Agreement with Holland & Knight LLP for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $324,000; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No. ___________.
Labor Relations & Government Affairs
Summary: Staff requests approval of Agreement for federal government advocacy services on behalf of the City of Los Angeles Harbor Department with Nossaman LLP. The firm is based in Los Angeles, and the Harbor Department’s points of contact are located in Washington, D.C. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years. The total authority of the proposed Agreement is $324,000 over the three-year term or $108,000 per year. The Harbor Department is financially responsible for 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, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles employees; (3) approve the proposed Agreement with Nossaman LLP for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $324,000; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No. ___________.
Regular Items (6 - 8)
Construction
Summary: Staff requests approval of Change Order No. 2 to Contract No. 2323 with Reyes/Larison JV for the Berths 177-182 Marine Improvements Project. Under the proposed CO No. 2, $2,000,000 of existing contingency funds will be allocated to authorize the Contractor to perform unforeseen underwater obstruction and debris removal and disposal at the Project site. In addition, under the proposed action, contingency funds will be increased from 10% of the original Contract amount to 20% of the original Contract amount which will result in a $2,098,695 increase to the total Contract authority from $23,085,645 currently to $25,184,340 as proposed. The City of Los Angeles Harbor Department will continue to be financially responsible for the payment of expenses under the 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 Change Order can be performed more feasibly by an independent contractor rather than by City employees; (3) approve Change Order No. 2 for a not-to-exceed amount of $2,000,000 and increase the contingency percentage from 10% to 20% of the original contract amount for a total contingency of $4,197,390 and a total authorization of $25,184,340; (4) authorize the Executive Director to execute and the Board Secretary to attest to Change Order No. 2; and (5) adopt Resolution No. ___________.
Financial Planning & Analysis
Summary: Staff requests approval of budgetary transfers in the amount of $2,042,000 to cover anticipated budgetary shortfalls within the Materials and Supplies category for the Construction & Maintenance Division and the Information Technology Division; the Marketing and Public Relations category for Sponsorships and Waterfront Events; and the Outside Services category for Hiring Hall labor. Within the Adopted Operating Expense Budget, $2,042,000 of surplus funds are expected to be available in the Salaries and Benefits category to offset the anticipated shortfalls. This proposed transfer of funds will result in no change to the overall Fiscal Year 2023/24 Adopted Operating Expense Budget of $372,352,064 as funds are being transferred between budget categories within the Operating Expense Budget. Payment of Materials and Supplies, Marketing & Public Relations, and Outside Services expenses are the financial responsibility of the City of Los Angeles Harbor Department.
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 following budgetary transfers to resolve a projected shortfall in the respective operating expense accounts:
a. Transfer $2,042,000 from the Adopted Operating Expense Budget, Account 51610, Center 0901, Program 000 as follows:
i. $1,265,000 to Account 55010, Center 0510, Program 000;
ii. $100,000 to Account 55040, Center 0510, Program 000;
iii. $60,000 to Account 55110, Center 0510, Program 000;
iv. $195,000 to Account 55160, Center 0640, Program 000;
v. $117,000 to Account 52031, Center 0220, Program 000;
vi. $72,000 to Account 52040, Center 0220, Program 000;
vii. $23,000 to Account 52030, Center 0220, Program 000;
viii. $210,000 to Account 54270, Center 0510, Program 000;
(3) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt Resolution No. ___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of a Fifth Amendment to Permit No. 999, as amended (Permit 999) with China Shipping (North America) Holding Company, Ltd. (China Shipping) and Order Resetting Compensation for the period of June 28, 2020 through June 27, 2025 (Order), the effectiveness of which is expressly contingent depending on further actions of the trial court with jurisdiction over pending litigation involving the China Shipping terminal, as discussed below. The proposed actions implement a commercial agreement between the parties to contractually bind China Shipping through a Fifth Amendment to Permit 999 to implement those CEQA mitigation measures determined to be feasible by court proceedings to date, and to reflect agreement on the resolution of commercial matters concerning a $15,500,000 equipment credit, a $1,446,379.57 resolution of a pending claim concerning China Shipping’s 2019 compensation obligations, and via the Order, the resetting of Minimum Annual Guarantee (MAG) and Twenty-Foot Equivalent Unit (TEU) rates for the period of June 28, 2020, through June 27, 2025 that will leave them unchanged from what was in place as of June 27, 2020, subject to any increase in the Tariff N.O.S. rate occurring during any compensation year in accordance with the terms of the Permit.
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, and that further CEQA compliance will be required in the pending trial court remedy, as discussed herein; (2) approve the Fifth Amendment to Permit No. 999 with China Shipping Holding Company, Ltd., which approval is expressly contingent upon CEQA compliance as directed in the remedy ultimately ordered by the trial court with jurisdiction, which is currently set for a hearing on May 24, 2024, thus implementing and making contractually enforceable against China Shipping the 2008 mitigation measures as modified by the 2019 Supplemental Environmental Impact Report (“2019 SEIR”), the trial court ruling issued on June 27, 2022 and the Court of Appeal opinion issued on December 29, 2023. The Board’s contingent approval for the Fifth Amendment is based upon, and incorporates by reference, the Board’s December 12, 2008, Findings of Fact and Statement of Overriding Considerations for the 2008 EIR for the Berths 97-109 China Shipping Terminal; (3) direct the Board Secretary to transmit the Fifth Amendment to Permit No. 999 to the City Council for approval pursuant to Section 606 of the City Charter, and, if applicable, Charter 607(a) requiring a 2/3 vote of the City Council; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Fifth Amendment to Permit No. 999 upon approval by the City Council; (5) approve the Order resetting compensation under Permit No. 999 with China Shipping Holding Company, Ltd.; (6) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 999; and (7) 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: (one case)
5. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9) (1 case)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)
6. 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: (one case)
7. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Deonta Jackson v. Port Police Detective Victor Morales and City of Los Angeles
United States District Court Case No. 22-cv-06523-SPG-KS
8. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Carlos Saldana v. Eugene Seroka and City of Los Angeles
Los Angeles Superior Court Case No. 21STCV092674
United States District Court Case No. 21-cv-09577 DMG
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Agreement with Bellwether Financial Group:
Property: Berth 44 in the Outer Harbor, San Pedro, CA
City Negotiator: Michael Galvin
Tenant Negotiator: Joseph Ueberroth
Negotiating Parties: City and Bellwether Financial Group
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 Revocable Permit 05-01 and New Revocable Permit with Joint Port Labor Relations
Committee:
Property: Lots bordered by Avalon and Harry Bridges Boulevard, “C” Street and Broad Avenue,
Wilmington, CA
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Moren
Negotiating Parties: City and Joint Port Labor Relations Committee
Under Negotiation: Price and Terms
L. Adjournment