June 14, 2024
DATE CHANGE - SPECIAL MEETING NOTICE
SUBJECT: LOS ANGELES BOARD OF HARBOR COMMISSIONERS
SPECIAL MEETING – THURSDAY, JUNE 27, 2024______
The Los Angeles Board of Harbor Commissioners Regular Meeting previously scheduled on Thursday, June 20, 2024, is canceled.
Their next Special Meeting is scheduled at 10:00am on Thursday, June 27, 2024 at the following location;
The Port of Los Angeles Administration Building
Board Hearing Room, Second Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
AMKlesges
AMBER M. KLESGES
Board Secretary
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
THURSDAY, JUNE 27, 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 June 6, 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
- Alameda Corridor Transportation Authority Governing Board Meeting of June 20, 2024
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Public Hearing
1(a) ISSUANCE OF A NON-APPEALABLE LEVEL II COASTAL DEVELOPMENT PERMIT (NO. 23-03) TO APM TERMINALS PACIFIC LTD. FOR THE REPLACEMENT OF THREE CONTAINER CRANES AT PIER 400
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles’ certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Strategy
Summary: Staff requests approval to issue a Level II non-appealable Coastal Development Permit (CDP) No. 23-03 to APM Terminals Pacific Ltd. (APMT) for the replacement of three ship to shore (STS) container cranes at Pier 400 to support ongoing terminal operations. APMT will be financially responsible for the payment of expenses related to the removal of existing cranes and installation of new cranes.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 23-03, a non-appealable Level II permit; (2) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III, Class 2(2) of the Los Angeles City CEQA Guidelines; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan (PMP); (4) upon closure of the public hearing, resolve to approve the issuance of CDP No. 23-03, consistent with the project description listed on Application for Port Permit No. 230208-021, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director; and (5) adopt Resolution No.____________.
K. Board Reports of the Executive Director
Consent Items (2 – 6)
Port Police
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Convergint Technologies, LLC (Convergint) to provide as-needed equipment maintenance and repair services related to the security systems at the World Cruise Center (WCC). The systems include Closed Circuit Television (CCTV) and access control readers. The scope of this Agreement also includes system upgrades (hardware and software) that may be needed in order to enhance system performance or add to the system’s overall capabilities. The term of the proposed Agreement will be one-year with two, one-year renewal options at a cost of $100,000 per year, or $300,000 in aggregate if all options are exercised. The Harbor Department will be 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 no City employees available to perform the work being proposed for contracting; (3) award the one-year agreement with two, one-year renewal options to Convergint Technologies, 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 First Amendment and Assignment and Assumption of Agreement Nos. 22-9889 and 23-9954 (collectively, the Agreements) from Ramboll US Consulting, Inc. (Ramboll) to Ramboll Americas Engineering Solutions, Inc. (Ramboll Americas). Ramboll was awarded the Agreements to support the efforts of the California Environmental Quality Act (CEQA) and Air Quality groups in the Environmental Management Division (EMD), respectively. As of September 1, 2023, Ramboll US Consulting, Inc. consolidated into its sister operations entity, Ramboll Americas Engineering Solutions, Inc. The First Amendment would allow a one-time assignment from Ramboll US Consulting, Inc. to Ramboll Americas Engineering Solutions, Inc. All other terms and conditions of the Agreements will remain unchanged. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially responsible for payment of expenses incurred under these 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 CEQA under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement Nos. 22-9889 and 23-9954 to allow a one-time assignment to Ramboll Americas Engineering Solutions, Inc., effective September 1, 2023; (3) approve the Assignment and Assumption of Agreement Nos. 22-9889 and 23-9954 and consent thereto, effective September 1, 2023; (4) authorize the Executive Director and the Board Secretary to execute and attest to said First Amendments for and on behalf of the Board; (5) authorize the Executive Director and the Board Secretary to execute and attest to said Assignment and Assumptions for and on behalf of the Board; and (6) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the annual budget for Fiscal Year 2025 (FY 2025) for the operation of Cabrillo Way Marina (CWM) by Westrec Marina Management, Inc. (Westrec) under Agreement No. 13-3125 (Agreement). The Agreement was approved by the Board of Harbor Commissioners (Board) in 2013 for Westrec to manage CWM as a fee operator, while passing through all expenses and revenue to the City of Los Angeles Harbor Department (Harbor Department). Westrec’s estimated FY 2025 revenue is $9,196,674 with total expenses of $4,036,133. FY 2025 proposed net income of $5,160,541 results in a net profit margin of 56.1 percent, an increase from the FY 2024 approved budget margin of 54.1 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; (2) approve the Westrec Marina Management, Inc. annual budget for Fiscal Year 2025 under Agreement No. 13-3125; and (3) adopt Resolution No.____________.
Information Technology
Summary: Staff requests approval of a Purchase Order Change to Contract No. 39966 to change the vendor’s name from Mythics, Inc. (Mythics) to Mythics, LLC, doing business as (dba) Mythics VIII, LLC. The requested Purchase Order Change is solely administrative to reflect the vendor’s name change. All other terms and conditions of Contract No. 39966 remain unchanged. Contract No. 39966 with Mythics is used for the purchase of Oracle Corporation (Oracle) products and services for the Oracle Enterprise Resource Planning (ERP) Cloud Migration project. This includes Oracle software subscriptions, licenses, training, maintenance, and related products and services needed for the City of Los Angeles Harbor Department’s (Harbor Department) ERP Cloud migration project. Payment of expenditures incurred under Contract No. 39966 will continue to be the financial responsibility of the 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 Purchase Order Change to Contract No. 39966 to reflect the vendor’s name change from Mythics, Inc. to Mythics, LLC, dba Mythics VIII, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Purchase Order Change for and on behalf of the Board; and (4) adopt Resolution No.____________.
Engineering
Summary: Staff requests adoption of a Resolution and approval of a Memorandum of Understanding (MOU) between the Los Angeles Department of Water and Power (LADWP) and the City of Los Angeles Harbor Department (Harbor Department or LAHD) for Alternative Maritime Power (AMP) Service to merchant ships with a maximum demand of not less than seven megawatts per month (i.e. cruise ships). This MOU will allow cruise ships to be powered by shore-supplied electrical power while at berth, and commits the Harbor Department for a minimum monthly demand of seven megawatts load. In return, LADWP would apply the published cruise ship “AMP Rate B,” which is lower than LADWP’s standard commercial rate. This MOU is valid for three years from its effective date. The current Agreement is set to expire August 20, 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 proposed MOU between LADWP and LAHD for Standard Offer for AMP Service to merchant ships with maximum demand of not less than seven megawatts per month (i.e. cruise ships), allowing LADWP to service Cruise Ship AMP connections and to apply the published “AMP Rate B” for a three-year term; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; (4) authorize the Executive Director or designee to act as the authorized representative for the purpose of adding or removing generation connection facilities from the subject Agreement as required, subject to City Attorney approval as to form and legality; and (5) adopt Resolution No.____________.
Regular Items (7 – 12)
Cargo and Industrial Real Estate and Environmental Management
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt a proposed Set-Aside Order (Order) that sets aside certification of 2019 Final Supplemental Environmental Impact Report for Berths 97-109 (China Shipping) Container Terminal Project (“2019 SEIR”), as well as related project approval and specified actions and approvals as set forth in Resolution No. 19-9548 – Final Supplemental Environmental Impact Report for the Berths 97-109 (China Shipping) Container Terminal Project (App No. 150224-504; SCH No. 2003061153), adopted on October 8, 2019.This Order is mandated by a court order that requires the City to set aside specified actions, resolutions and orders including the 2019 SEIR CEQA certification and related project approvals. Staff requests that the Board remove conditions contained in Resolution No. 24-10336, wherein it conditionally approved the Fifth Amendment to Permit No. 999, as amended (Permit 999) with China Shipping (North America) Holding Company, Ltd. (China Shipping) (“Fifth Amendment”), and Order Resetting Compensation for the period of June 28, 2020, through June 27, 2025, (“Order Resetting Compensation”), to make both such approvals unconditional. Both the Fifth Amendment and the Order Resetting Compensation were conditionally approved by the Board on March 28, 2024, and the City Council on April 9, 2024. Staff also requests approval of the Sixth Amendment to Permit No. 999 with China Shipping, contractually binding China Shipping to implement certain mitigation and lease measures in the 2008 EIR and the 2019 SEIR, as modified by the trial court ruling and the appellate court opinion. Finally, staff requests direction to prepare a new environmental document for Berths 97- 109 (China Shipping) Container Terminal Project as directed by the Writ of Mandate to comply with the California Environmental Quality Act (CEQA). The proposed actions will comply with a Writ of Mandate issued to the Port by the San Diego Superior Court on May 24, 2024, by contractually binding China Shipping through a Sixth Amendment to Permit 999 to implement those CEQA mitigation and lease measures determined to be feasible by court proceedings to date through a permit amendment, set aside the 2019 SEIR and related project approvals, and prepare a new environmental document under CEQA. The proposed actions will also unconditionally implement a commercial agreement between the parties in the Fifth Amendment to Permit 999 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 Resetting Compensation, 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, which 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 of adopting the Order is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2 (b)(f) and (h) of the Los Angeles City CEQA Guidelines; (2) find that the Director of Environmental Management has determined that the proposed actions of approving the permit amendments have 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 further that the proposed actions are ordered by the San Diego Superior Court as authorized by CEQA, and therefore is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2 (b)(f) and (h) of the Los Angeles City CEQA Guidelines; (3) set aside certification of the 2019 Final Supplemental Environmental Impact Report for Berths 97-109 (China Shipping) Container Terminal Project, adopted on October 8, 2019; (4) set aside Resolution No 19-9548 – Final Supplemental Environmental Impact Report for the Berths 97-109 (China Shipping) Container Terminal Project (App No. 150224-504; SCH No. 2003061153), dated October 8, 2019; (5) approve Order No.____________; (6) approve removal of conditions contained in Resolution No. 24-10336 regarding approval of the Fifth Amendment to Permit No. 999 with China Shipping Holding Company, Ltd., and Order Resetting Compensation, which were conditionally approved by the Board on March 28, 2024, and the City Council on April 9, 2024, thereby making the previous conditional approvals of the Fifth Amendment and Order Resetting Compensation unconditional; (7) approve the Sixth Amendment to Permit No. 999 with China Shipping Holding Company, Ltd., thus implementing and making contractually enforceable against China Shipping the 2008 EIR mitigation and lease measures and the 2019 SEIR mitigation and lease measures, as modified by the trial court ruling issued on June 27, 2022, and the Court of Appeal opinion issued on December 29, 2023. The Board’s approval for the Sixth 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, and is directed by the Writ of Mandate to comply with CEQA; (8) direct the Board Secretary to transmit the Sixth Amendment to Permit No. 999 to the City Council for approval pursuant to Charter 607(a), requiring a 2/3 vote of the City Council; (9) authorize the Executive Director to execute and the Board Secretary to attest to the Sixth Amendment to Permit No. 999 upon approval by the City Council; (10) authorize the Board Secretary to attest to and certify the adoption of Order No. ____________ by the Board of Harbor Commissioners of the City of Los Angeles and to cause a copy of the same to be presented to the City Council and request that the City Council, pursuant to court order, set aside all City Council’s 2019 SEIR approvals, including the Los Angeles City Council’s August 12, 2020, adoption of a (1) Motion by Councilmembers Joe Buscaino and Mitch O’Farrell (Council File No. 19-1263) to Deny all appeals and Certify the Final Supplemental Environmental Impact Report and Adopt the recommendations of the Board of Harbor Commissioners from its special meeting held October 8, 2019 relative to the China Shipping Container Terminal Project; and (2) Official Action of the Los Angeles City Council – Adopting motion of Buscaino and O’Farrell; (11) direct staff to prepare, consistent with the procedures and substantive requirements set forth in CEQA, a new environmental document for the operation of the China Shipping Terminal that supplements and/or revises the analysis in the 2019 SEIR in accordance with the Opinion and Ruling and as directed by the Writ of Mandate; (12) adopt Order No. ____________ and Resolution No. ____________; and (13) direct the Board Secretary to transmit this Resolution No. ________ to the City Council to approve removal of conditions contained in Resolution No. 24-10336 regarding approval of the Fifth Amendment to Permit No. 999 with China Shipping Holding Company, Ltd., which was conditionally approved by City Council on April 9, 2024, thereby making the previous conditional approval of the Fifth Amendment unconditional, for approval pursuant to Charter 607(a), requiring a 2/3 vote of the City Council.
Environmental Management
Summary: Staff requests approval of a proposed First Amendment to Agreement No. 21-9805 (Amendment) among the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (POLB), PortCheck, LLC (PortCheck), and Marine Terminal Operators (MTO) for Clean Truck Fund (CTF) Rate collection services for the Harbor Department and POLB (collectively known as Ports). PortCheck CTF Rate collection services include upgrades and maintenance of the CTF Rate collection system, collection of the CTF Rate, application of exemptions in accordance with the Ports’ Tariffs, and remitting the collected CTF Rate revenues to the Ports. The proposed Amendment will (1) expand truck movement data collected to comply with recent State truck regulation requirements; (2) extend the term of the agreement by five years from three years, currently to eight years, as proposed; and (3) increase total compensation by $21,068,130 from $10,000,000 currently to a new total not-to-exceed amount of $31,068,130. The Harbor Department will be financially responsible for payment of $15,534,065, or 50%, of the expenses incurred under the proposed Amendment. The POLB will continue to be financially responsible for the payment of the other 50%. The payment of expenses incurred under the agreement will be offset by CTF Rate revenues collected by PortCheck.
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. 21-9805 among the City of Los Angeles Harbor Department, Port of Long Beach, PortCheck, LLC, and Marine Terminal Operators; (3) direct the Board Secretary to transmit said Amendment 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 Board Secretary to attest to said Amendment for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of a proposed Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department) and the South Coast Air Quality Management District (SCAQMD), on behalf of the Mobile Source Air Pollution Reduction Review Committee (MSRC), to fund eight public heavy-duty zero-emission (ZE) electric truck charging infrastructure locations with a total of 207 chargers (Projects). The Harbor Department will provide up to $12,520,661 of Clean Truck Fund (CTF) 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 $12,520,661 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 $12,520,661 of Clean Truck Fund (CTF) Rate monies for eight 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.____________.
Environmental Management
Summary: Staff requests approval of the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Plan for the Port of Long Beach Pier B On-Dock Rail Support Facility Project (Project) (SCH No. 2009081079). Although the Port of Long Beach (POLB) is the lead agency for this Project, components of the Project affect property owned by the City of Los Angeles Harbor Department (Harbor Department) and jointly owned by the POLB and the Harbor Department; therefore, the Harbor Department is a responsible agency under the California Environmental Quality Act (CEQA) and is required to take action to review environmental evaluation documents prior to administering permits. The Project’s purpose is to reconfigure, expand, and enhance the capacity of the existing Pier B On-Dock Rail Support Facility located within POLB. POLB, as the Lead Agency under CEQA, analyzed the Project in the 2018 Final Environmental Impact Report (FEIR) and in the 2023 Addendum. The 2023 Addendum proposed minor additions to the Project’s boundaries and construction activities, including changes affecting several Harbor Department and POLB (Ports) joint properties. The Harbor Department, as a Responsible Agency under CEQA, is required to consider POLB’s CEQA document, prior to acting on a project as a Responsible Agency. For the Project to be completed, the Harbor Department, in its role as a Responsible Agency, would be required to issue permanent and temporary entitlements, permits, and/or easements to the POLB.
Recommendation: Board resolve to (1) adopt the Findings of Fact and Statement of Overriding Considerations; (2) adopt the mitigation measures contained in the Mitigation Monitoring and Reporting Plan that pertain to the construction occurring on Harbor Department property of the certified Final Environmental Impact Report; (3) authorize the Environmental Management Division to file the Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of a Consent to Enter and Construct Agreement (CECA) with the Port of Long Beach (POLB) to grant permission to the POLB to perform work related to its Pier B On-Dock Rail Support Facility Program (Pier B Rail Program or Program), specifically the Locomotive Facility Project (LFP) component of the Program, on property jointly-owned by the City of Los Angeles Harbor Department (Harbor Department) and the POLB. Concurrent with this action, the Board is considering i) Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Plan for the Pier B On-Dock Rail Support Facility Project (State Clearinghouse No. 2009081079); and ii) a Memorandum of Agreement also concerning the Pier B On-Dock Rail Program regarding terms and conditions impacting the Alameda Corridor Transportation Authority (ACTA). There will be no financial impact to the Harbor Department if this CECA is approved.
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) approve the Consent to Enter and Construct Agreement with the City of Los Angeles Harbor Department and Port of Long Beach; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Consent to Enter and Construct Agreement on behalf of the Board; and (4) adopt Resolution No.____________.
Goods Movement
Summary: Staff requests approval of a Memorandum of Agreement (MOA) with the Port of Long Beach (POLB), Alameda Corridor Transportation Authority (ACTA), BNSF Railway Company (BNSF), and Union Pacific Railroad Company (UP) for the POLB Pier B On-dock Rail Support Facility – Locomotive Facility (Facility) Turnout and Alameda Corridor (AC) Crossover (Project). The Project consists of: a turnout from the AC mainline; a new crossover between the AC mainlines; realignment of the mainlines to facilitate the turnout and crossover; and new rail signal infrastructure. The Project components fall within the scope and jurisdiction of the existing AC Use and Operating Agreement (UOA). The purpose of this MOA is for the City of Los Angeles Harbor Department (Harbor Department) and the parties above to establish the terms and conditions for the design and construction of the Project. There will be no financial impact to the Harbor Department if this MOA is approved.
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) approve the MOA between the Harbor Department and the POLB, ACTA, BNSF, and UP; (3) direct the Board Secretary to transmit the proposed MOA to the Los Angeles City Council pursuant to Section 373 of the City Charter and Section 10.5 of the City Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the MOA on behalf of the Board; and (5) adopt Resolution No.____________.
L. 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
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Trapac, LLC, Permit 881:
Property: 630 West Harry Bridges Blvd., Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Ron Triemstra
Negotiating Parties: City and Trapac, LLC
Under Negotiation: Price and Terms
M. Adjournment