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, JUNE 6, 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
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Approval of the Minutes
- Regular Meeting of May 23, 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
- Audit Committee Meeting of May 23, 2024
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Order resetting compensation under Permit No. 724 with Los Angeles Yacht Club for the five-year period of March 4, 2023, through March 3, 2028. Under the proposed Order, monthly compensation would be retroactively reset to $3,798.77 per month, or $45,585.24 per year. Proposed annual compensation of $45,585.24 represents an increase of $2,499.00, or 5.8 percent, relative to the annual compensation of $43,086.24 in place as of March 3, 2023. Effective March 4, 2024, and annually thereafter, compensation would increase by the year-over-year change in the Consumer Price Index, subject to a floor of zero percent.
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(i) of the Los Angeles City CEQA Guidelines; (2) approve the Order resetting compensation for the period of March 4, 2023, through March 3, 2028, under Permit No. 724; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Resolution No. __________ and Order No. ___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Order resetting compensation under Concession Agreement No. 791 with California Yacht Marina-Cabrillo, LLC for the construction, operation, and maintenance of a facility for a recreational vessel marina and related uses such as vessel dry storage and incidental purposes. CA 791 grants Cal Yacht the right to use City of Los Angeles Harbor Department property consisting of 373,777 square feet of land area and 1,617,071 s.f. of water area located within Phase I of the West Channel Development Area. The proposed Order resetting compensation covers the 10 year period from January 1, 2023, through December 31, 2032, and includes both Fixed Minimum Rent (FMR) and percentage rent. Under the proposed Order, percentage rent rates would remain unchanged, and FMR would increase by $88,528.06, or 7.5 percent, from $1,180,374.14 as of December 31, 2022 to $1,268,902.20 as of January 1, 2023. Thereafter, FMR would increase by the annual change in the Consumer Price Index, subject to a floor of zero percent.
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; (4) approve the Order resetting compensation for the period of January 1, 2023, through December 31, 2032, under Concession Agreement 791; (5) authorize (6) adopt Resolution No. ___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a First Amendment to Agreement No. E-7219 with Chicago Title Company for on-call real estate title and escrow services. Under the proposed Amendment, the term of the Agreement would be extended by two years from one year currently to three years as proposed, and compensation under the Agreement would increase by $50,000 from $25,000 currently to $75,000 as proposed. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially responsible for the payment of costs incurred under Agreement No. E-7219.
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. E-7219 with Chicago Title Company; (3) authorize the Executive Director to execute and Board Secretary to attest to the First Amendment; and (4) adopt Resolution No. ___________.
Port Police
Summary: Staff requests approval of Contract No. 40043 with All American Marine, Bellingham, WA for the purchase of a multi-purpose dive boat to replace a dive boat currently in use by the Los Angeles Port Police. The proposed Contract with All American Marine is outlined in Formal Bid Request Number F-1202. The total Contract amount is $4,927,412, inclusive of taxes. The Contract includes the design, construction, and delivery of a multi-purpose dive boat. The City of Los Angeles 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. 40043 to All American Marine for the purchase of a multi-purpose dive boat in the amount of $4,927,412, including applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40043 for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Port Police
Summary: Staff requests approval of Contract No. 40047 with Axon Enterprise, Inc. of Scottsdale, Arizona. This one-time Purchase Order will provide for the purchase of 165 conducted electrical weapons, related accessories, and training for a period of five years to be used by Los Angeles Port Police sworn personnel. The total Contract amount is $874,366.97, including all applicable taxes. The City of Los Angeles 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) find that Contract No. 40047 qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional character for which competitive bidding is not practicable or advantageous, and includes parts obtained from the manufacturer of the equipment or its exclusive agent, pursuant to Los Angeles City Charter, Section 371(e)(2), (e)(7) and (e)(10) and Los Angeles Administrative Code Section 10.15(a)(2), (a)(7) and (a)(10); (3) award and approve the Contract No. 40047 to Axon Enterprise, Inc. for the purchase of conducted electrical weapons, related accessories and training in the amount of $874,366.97 including applicable taxes; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40047 for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Risk Management
Summary: Staff requests approval of four separate Agreements between the City of Los Angeles Harbor Department and 1) AECOM Technical Services, Inc., 2) EHS International, Inc., 3) NATEC International, Inc., and 4) ProMedics LLC for as needed supplementary health and safety training and services. The proposed Agreements with each firm are for a one-year period with two one-year extension options. The not-to-exceed compensation amount is $555,000 in aggregate, over a three-year period across all Agreements. The Harbor Department is financially responsible for payment of expenses incurred under the proposed 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 Los Angeles City Charter Section 1022, it is more feasible for outside consultants to perform this work than City employees; (3) award four professional services Agreements to 1) AECOM, 2) EHS, 3) NATEC and 4) ProMedics, for a term of up to three years each with an aggregate compensation total of $555,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreements; and, (5) adopt Resolution No. ___________.
Construction & Maintenance
Summary: Staff requests approval of of Contract No. 40046 with Ban-Zi North America LLC of Las Vegas, NV, for the one-time purchase of Sabi Killer Pro, a rust-converting paint primer, for the Berth 93 Vehicular Ramps Corrosion Mitigation Capital Improvement Program project. The Sabi Killer Pro is needed to paint the exposed structural steel members of the ramp which are rusted by water intrusion deficiencies. The total amount for the proposed Contract with Ban-Zi for the purchase of Sabi Killer Pro will not exceed $215,332, inclusive of taxes. The City of Los Angeles Harbor Department will be financially responsible for costs 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 1(4) of the Los Angeles City CEQA Guidelines; (2) find that Contract No. 40046 qualifies for award on a sole source basis as a contract for which the use of competitive bidding would be undesirable, and for which Ban-Zi is the sole authorized North American distributor of the product, pursuant to Los Angeles City Charter, Section 371(e)(7) and (e)(10) and Los Angeles Administrative Code Section 10.15(a)(7) and (a)(10); (3) approve Contract No. 40046 with Ban-Zi for the purchase of Sabi Killer Pro for the Vehicular Ramps Corrosion Mitigation CIP project at Berth 93 in the amount of $215,332; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40046 for and on behalf of the Board; and (5) adopt Resolution No. ___________.
Regular Items (8 – 11)
Environmental Management
Summary: Staff requests approval of a proposed Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department and the South Coast Air Quality Management District (SCAQMD), on behalf of the Mobile Source Air Pollution Reduction Review Committee, to fund nine public heavy-duty zero-emission electric truck charging infrastructure locations with a total of 211 chargers. The Harbor Department will provide up to $14,262,956 of Clean Truck Fund Rate monies to SCAQMD. SCAQMD will administer the funding distribution during the construction of the Projects within the South Coast Air Basin to the Project applicants. The MOU will be for a term of eight years. The Harbor Department is financially responsible for up to $14,262,956 in funding for these Projects.
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 with South Coast Air Quality Management District on behalf of Mobile Source Air Pollution Reduction Review Committee to fund up to $14,262,956 of Clean Truck Fund (CTF) Rate monies for nine public heavy-duty zero-emission truck charging infrastructure projects; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Memorandum of Understanding for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Cargo Marketing
Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles Tariff No. 4 to increase rated tariff items based on the West Region Consumer Price Index for All Urban Consumers (CPI-U). The California Association of Port Authorities (CAPA), of which the Port of Los Angeles is a member, adopted an annual general rate increase (GRI) methodology for tariffs based on the CPI-U. The Bureau of Labor Statistics has identified a 3.6 percent increase in the CPI-U for the 12-month period ending December 2023. On July 20, 2023, Board approved Order No. 23-7348, which was approved by City Council Ordinance No. 188194, adopting a 6.2 percent GRI through CAPA, effective September 1, 2023, applicable to Tariff No. 4 rated items, excluding rated tariff items that already had a scheduled rate increase. The proposed CAPA GRI, effective July 1, 2024, of 3.6 percent, is applicable to almost all POLA Tariff rated items, excluding rated tariff items that have a scheduled rate increase as of the effective date. A separate action recommends a Permanent Order and Ordinance for approval by the Board of Harbor Commissioners (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 increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550- 801; Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 780 and 790; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930, 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 July 1, 2024, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Seven ”Free Time, Wharf Demurrage, and Wharf Storage”, Items 780 and 790; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises””, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (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 July 1, 2024, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No. ___________.
Cargo Marketing
Summary: Staff requests approval of a Permanent Order to amend Port of Los Angeles Tariff No. 4 (Tariff) to increase rated tariff items based on the West Region Consumer Price Index for All Urban Consumers (CPI-U). The California Association of Port Authorities (CAPA), of which the Port of Los Angeles (Port) is a member, adopted an annual general rate increase (GRI) methodology for tariffs based on the CPI-U. The Bureau of Labor Statistics has identified a 3.6 percent increase in the CPI-U for the 12-month period ending December 2023. On July 20, 2023, the Board approved Order No. 23-7348, which was approved by City Council Ordinance No. 188194, adopting a 6.2 percent GRI through CAPA, effective September 1, 2023, applicable to Tariff No. 4 rated items, excluding rated tariff items that already had a scheduled rate increase. The proposed CAPA GRI, effective July 1, 2024, of 3.6 percent, is applicable to almost all POLA Tariff rated items, excluding rated tariff items that have a scheduled rate increase as of the effective date. A separate action recommends a Temporary Order to make changes to Tariff No. 4 within the Board’s authority to adopt rates for up to 90-days, with any rates to be effective beyond the 90-days requiring this Permanent Order and Ordinance to be approved by the City Council.
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 increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550- 801; Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 780 and 790; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930, 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 July 1, 2024, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 780 and 790; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (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. ___________.
Financial Planning & Analysis
Summary: Staff requests approval of the Fiscal Year (FY) 2024/25 Proposed Annual Budget (Proposed Budget) of $2,623,105,979. The Proposed Budget is aligned with the 2018 – 2022 Strategic Plan (Strategic Plan) and will enable the City of Los Angeles Harbor Department (Harbor Department) to meet its commitments in the upcoming fiscal year. Adoption of the Proposed Budget will position the Port of Los Angeles (Port) to deliver value to its customers by providing superior infrastructure, promoting efficient operations, as well as forging strong and lasting relationships with its stakeholders.
The Proposed Budget includes sources and appropriations of funds as follows:
TABLE 1: SOURCES AND APPROPRIATIONS OF FUNDS
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Sources:
|
|
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Appropriations:
|
|
|
Operating Receipts
|
$ 684,714,392
|
|
Operating Expenses
|
$ 403,695,031
|
|
Non-Operating Receipts
|
46,839,579
|
|
Non-Operating Expenses
|
32,179,692
|
|
Grant Receipts (Capital)
|
96,671,621
|
|
Capital Budget
|
298,081,044
|
|
Debt Issuance Proceeds
|
238,756,801
|
|
Debt Repayments & Other
|
289,753,582
|
|
|
|
|
|
|
|
Available Cash:
|
|
|
Projected Year-End Balances:
|
|
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Unrestricted Funds
|
1,357,114,186
|
|
Unappropriated Balance
|
1,336,322,363
|
|
Restricted Funds
|
199,009,400
|
|
Restricted Cash
|
263,074,267
|
|
Total Sources
|
$2,623,105,979
|
|
Total Appropriations
|
$2,623,105,979
|
The Proposed Budget represents the ongoing commitment of Harbor Department staff to operate and maintain the Port in a fiscally sound manner according to the guidelines, policies, and direction set forth by the Board of Harbor Commissioners (Board). Furthermore, the Proposed Budget complies with the Board-approved Financial Policies that relate to debt rating, debt service coverage, and reserve levels.
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) adopt the Fiscal Year 2024/25 Proposed Annual Budget for the City of Los Angeles Harbor Department and appropriate funds in accordance herewith, pursuant to Section 511(b) of the City Charter; (3) authorize the Executive Director, or his designee, to make any technical adjustments consistent with the Board action(s) to the Fiscal Year 2024/25 Proposed Annual Budget documents in the implementation of this budget; (4) approve the transfer of $19,384,841 from the Harbor Revenue Fund, Account 11010, Center 7000, Program 000 to the Harbor Special Operating Fund, Account 11035, Center 7000, Program 000; (5) direct the Board Secretary to transmit the Resolution and Annual Budget to the Mayor and Controller pursuant to Section 511(b) of the City Charter; and (6) 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 – 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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect Fenix Marine Services, Ltd., Permit 733:
Property: 614 Terminal Way, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
Under Negotiation: Price and Terms
L. Adjournment