Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, NOVEMBER 7, 2024 AT 10:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
John A. Pérez, 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 Banning’s Landing Community Center as scheduled on the Port’s website at www.portoflosanageles.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 Banning’s Landing Community Center located at 100 East Water Street, Wilmington, CA 90744. Please note that free public parking is available at the Wilmington Waterfront Promenade – West Parking Lot, as well as along Water Street.
- Live 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 within 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 web site (www.portoflosanageles.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 October 17, 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
- LA Waterfront Update
- 2023 Emissions Inventory Follow-Up Report
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
Environmental Management
Summary: Staff requests approval of the Second Amendment to Agreement No. 22-9889 with Ramboll Americas Engineering Solutions, Inc. for as-needed California Environmental Quality Act (CEQA) environmental documentation and special studies. The Second Amendment would increase the Agreement authority amount by $500,000 for a new total not-to-exceed amount of $2,750,000 that will be used to support ongoing environmental assessments. All other terms and conditions of the Agreement will remain unchanged. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially 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 CEQA under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Second Amendment to Agreement No. 22-9889 with Ramboll Americas Engineering Solutions, Inc.; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Second Amendment for and on behalf of the Board; and (4) adopt Resolution No.________.
Office of the City Attorney
Summary: The Office of the City Attorney requests that the Board of Harbor Commissioners approve an Agreement between the City of Los Angeles Harbor Department and Meyers Nave APC for legal services related to environmental legal matters, including significant litigation concerning the China Shipping container terminal and environmental services related to the Berths 121-131 container terminal project. The Agreement is for a proposed term of three years and proposed compensation of $1,846,237. The Office also requests the Board approve termination of an existing nine-year-old contract with Meyers Nave which has provided the same environmental legal services being sought through the proposed Agreement. If approved, the new Agreement will replace the current Agreement. 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 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 termination of Agreement No. 15-3308; (4) approve a Legal Services Agreement with Meyers Nave APC with a deemed effective date as of August 1, 2024, with compensation in the amount of $1,846,237 and a three-year term; (5) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement; and (6) adopt Resolution No.________.
Port Police
Summary: Staff requests approval of Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for the purpose of enabling continued interoperable radio communication. The Harbor Department and the LAPD, in fulfilling their respective public safety, law enforcement, and emergency management missions, frequently conduct coordinated responses and participate in joint operations. Interoperable radio communication is essential for sharing critical information and for affecting command and control when conducting these operations. Moreover, both parties would like to enable continued interoperable radio communications through coordination and information sharing with regard to the radio communication and system technical information necessary to maintain radio communications and plans. The intent of this MOA is to memorialize the understanding between the Harbor Department and the LAPD with respect to the information exchange necessary to facilitate continued interoperable radio communication. The MOA shall be in effect for three years. The MOA is administrative in nature and there will be no financial impact to 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 proposed MOA between the Harbor Department and the LAPD; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; and (4) adopt Resolution No.________.
Community Relations
Summary: Staff requests approval of award Contract No. 40064 to American Rent All for event equipment rental services. The proposed Contract is a one-year contract, with two, one-year renewal options and an authorized funding amount not-to-exceed $200,000 annually or $600,000 over the three-year term, if all options are exercised. The City of Los Angeles Harbor Department is financially responsible for payment of expenditures 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) approve Contract No. 40064 with American Rent All for a one-year term with two, one-year renewal options at a not-to-exceed amount of $200,000 annually; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40064; and (4) adopt Resolution No.________.
Commission Office
5. RESOLUTION NO. ____________ - ADOPTION OF THE 2025 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board to resolve to (1) adopt Subject Resolution No.___________.
Commission Office
Recommendation: Board to resolve to (1) adopt Subject Resolution No.___________.
Regular Items (7 – 10)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Temporary Order approving an amendment to Port of Los Angeles Tariff No. 4 Section Thirteen – Parking Charges, Item 1300 (a), to increase parking rates effective January 1, 2025, and January 1, 2026. The proposed Amendment provides for a $2, or 10 percent, increase in the maximum daily rate at the World Cruise Center for regular-sized vehicles from $20 to $22, effective January 1, 2025, and an additional $2, or 9.1 percent, increase from $22 to $24, effective January 1, 2026. Parking for the first hour will continue to remain free of charge, with each subsequent hour continuing to be charged two dollars until the maximum daily rate is achieved. Assuming parking utilization rates remain consistent with those observed in Fiscal Year 2024, the proposed Amendment’s escalations in maximum daily rates are anticipated to increase parking fees collected by the Harbor Department by $272,403, or 4.6 percent, in FY 2025 and $544,805, or 8.7 percent, in FY 2026. Additional increases in parking fee revenues may be realized if projected increases in cruise passenger volumes materialize. This Temporary Order is being proposed within the Board’s authority to adopt rates for up to 90 days. A separate action recommends a Permanent Order and Ordinance for approval by the 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 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 Amendment to Port of Los Angeles Tariff No. 4, Section Thirteen - Parking Charges, Item No. 1300 (a), subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with California Association of Port Authorities procedure; (3) adopt Temporary Order No. ____________ to amend Port of Los Angeles Tariff No. 4, to modify parking rates in Section Thirteen – Parking Charges, Item No. 300 (a); (4) authorize the Board Secretary to certify the adoption of the 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 January 1, 2025, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b), and post the Temporary Order circular to the Port of Los Angeles website; and (5) adopt Resolution No.________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Permanent Order and Ordinance approving an amendment to Port of Los Angeles Tariff No. 4 Section Thirteen – Parking Charges, Item 1300 (a), to increase parking rates effective January 1, 2025, and January 1, 2026. The proposed Amendment provides for a $2, or 10 percent, increase in the maximum daily rate at the World Cruise Center for regular-sized vehicles from $20 to $22, effective January 1, 2025, and an additional $2, or 9.1 percent, increase from $22 to $24, effective January 1, 2026. Parking for the first hour will continue to remain free of charge, with each subsequent hour continuing to be charged two dollars until the maximum daily rate is achieved. Assuming parking utilization rates remain consistent with those observed in Fiscal Year 2024, the proposed Amendment’s escalations in maximum daily rates are anticipated to increase parking fees collected by the Harbor Department by $272,403, or 4.6 percent, in FY 2025 and $544,805, or 8.7 percent, in FY 2026. Additional increases in parking fee revenues may be realized if projected increases in cruise passenger volumes materialize. A separate action recommends a Temporary Order to make changes to the Tariff within the Board’s authority to adopt rates for up to 90 days. Any changes in rates beyond the 90-day period require this Permanent Order to be approved by City Council ordinance in order to become effective.
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 Amendment to Port of Los Angeles Tariff No. 4, Section Thirteen - Parking Charges, Item No. 1300 (a), subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with California Association of Port Authorities procedure; (3) adopt Permanent Order No. ____________ to amend Port of Los Angeles Tariff No. 4 to modify parking rates in Section Thirteen – Parking Charges, Item No. 1300 (a); (4) direct the Board Secretary to execute and transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendments to the 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 to the Executive Director or his nominee for implementation and posting the amended Tariff to the Port of Los Angeles website; and (7) adopt Resolution No.________.
Port Police
Summary: Staff requests approval of Agreement C24706000 (Agreement) between the State of California Department of Parks and Recreation, Division of Boating and Waterways (DBW) and the City of Los Angeles Harbor Department (Harbor Department) for reimbursement of costs associated with law enforcement boating training classes being conducted at the Maritime Law Enforcement Training Center (MLETC). Under the proposed Agreement, the DBW will reimburse the Harbor Department for training of police officers from agencies within the State of California. These officers will participate in three pre-selected courses presented at the MLETC. The effective date of this Agreement shall be the date of the “Notice to Proceed” as established by the DBW, and the term of the Agreement is for 730 days following the date of the Notice to Proceed. Notice to Proceed will be issued upon Board of Harbor Commissioners approval. If the proposed Agreement is approved, the Harbor Department may receive up to $295,200 in cost reimbursements over the 730-day term.
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 Agreement C24706000 between the Harbor Department and the State of California Department of Parks and Recreation; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.________.
Goods Movement
Summary: Staff requests approval of the Fifth Amendment to Operating Agreement No. 1989 between the City of Los Angeles Harbor Department (Harbor Department) and Pacific Harbor Line, Inc. (PHL), which will extend the term of the Agreement by one year from December 31, 2025, to December 31, 2026. PHL is a shortline railroad that is the current Port of Los Angeles (POLA)-Port of Long Beach (POLB) complex rail operator (PRO). The PRO provides rail services for POLA terminals, which also includes interchanging trains with the BNSF Railway (BNSF) and Union Pacific Railroad (UPRR). The Harbor Department and the POLB each have an operating agreement with PHL. The Harbor Department and POLB will be releasing a joint request for proposals (RFP) for selecting the next PRO in November 2024. The proposed Amendment will enable staff to complete the RFP process prior to the amended expiration date of the Agreement. There are no financial impacts to the Harbor Department as PHL will continue to pay rent.
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 Fifth Amendment to Agreement No. 1989 with PHL to extend the term from its current expiration of December 31, 2025 to December 31, 2026; (3) direct the Board Secretary to transmit the Resolution and Fifth Amendment to the City Council for approval pursuant to Section 373 of the City Charter and Section 10.5 of the City Administrative Code; and (4) 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 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
L. Adjournment