Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, NOVEMBER 21, 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 November 7, 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 one (1) Level I CDP:
J. Board Reports of the Executive Director
Consent Items (1 – 8)
Goods Movement
Summary: Staff requests adoption of a Resolution approving and providing mutual agreement, via a Notice of Mutual Agreement No. 2024-4 (NMA), for the Calendar Year (CY) 2025 Alameda Corridor (AC) Operations and Maintenance (O&M) budget in the total amount of $37,776,278.16. Funding for the O&M budget is provided by the BNSF Railway (BNSF), the Union Pacific Railroad (UPRR), and the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There will be no financial impact to the Harbor Department if this NMA is approved.
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 and provide Mutual Agreement for the CY2025 O&M budget in the total amount of $37,776,278.16; (3) authorize the Executive Director or designee with delegated authority to approve subsequent Mutual Agreements for the allocation and use of contingency funds within the total budget, and for the transfer of funds to/from Maintenance of Way budget items as needed; (4) Direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (5) adopt Resolution No.________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of an Order resetting compensation under Permit No. 513 (P513 or Permit) with the United States of America, through Naval Facilities Engineering Systems Command, Southwest (US Navy). P513 grants the US Navy use of 106,633 square feet (SF) of surface, submerged and subsurface right-of-way (land) for a petroleum pipeline on City of Los Angeles Harbor Department (Harbor Department) property. The Permit requires that compensation be reset every five years. Under the proposed Order, annual rent will be increased by $114,546.61, or 64.81 percent, from $176,736.39 currently to $291,283.00, as proposed, effective November 26, 2024. The proposed rate will be in effect for the five-year period of November 26, 2024, to November 25, 2029. The Order also reflects a minor update to the US Navy command name, as further described herein.
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 Order resetting compensation under Permit No. 513 with United States of America Through Naval Facilities Engineering Systems Command, Southwest; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 513; and (4) adopt Resolution No.________ and Order No. ________.
Office of the City Attorney
Summary: The Office of the City Attorney (Office) requests approval of a waiver (Waiver) of a potential conflict-of-interest with the law firm Thompson Coburn LLP (Thompson) which will allow Thompson to represent Western Metals Corporation and ABB, Inc. in Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) litigation matters concerning the BKK Landfill case in which the City of Los Angeles (City) is also a party, while continuing the firm's assistance to the Office with legal services for the City of Los Angeles Harbor Department's (Harbor Department) Clean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) regulatory and litigation matters. Approval of the proposed waiver is not anticipated to have a financial impact on 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) formally waive any potential conflicts that might arise from Thompson Coburn LLP’s representation of Western Metals Corporation and ABB, Inc. in CERCLA litigation concerning the BKK Landfill in which the City of Los Angeles is a party, while continuing its representation of the Harbor Department in CAAP and FCAA regulatory and litigation matters; (3) authorize the Office of the City Attorney to execute a written conflict waiver; and (4) adopt Resolution No.________.
Community Relations
Summary: Staff requests approval of two agreements with Helinet Aviation Services, LLC and Island Express Helicopters, Inc. dba Maverick Helicopters for helicopter rental services for aerial photography and aerial tours of the Port of Los Angeles (Port) complex for a term of three years per agreement. The total compensation amount for the two proposed agreements shall be shared from a pool of funds not-to-exceed $50,000 for the entire three-year term. The City of Los Angeles Harbor Department (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) approve the agreements with Helinet Aviation Services, LLC and Island Express Helicopters, Inc DBA Maverick Helicopters for a term of three years and a combined not-to-exceed compensation amount of $50,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.________.
Engineering
Summary: Staff requests the Board of Harbor Commissioners (Board) approve a Resolution for the authorization for the execution of a California Department of Transportation (Caltrans) Master Agreement (MA) and Program Supplement Agreement (PSA) for funding under the Trade Corridor Enhancement Program (TCEP) for the Fenix Terminal Railyard Expansion and Modernization Project, included as Transmittal 1. This project is also referred to as the Berths 302-305 On-Dock Railyard Expansion project. To receive $19,194,000 of TCEP funds from Caltrans, the City of Los Angeles Harbor Department (Harbor Department) must provide the approved Resolution to enter into a MA and PSA with Caltrans, who is responsible for administering the TCEP grant funds for the State of California. This resolution authorizes the Harbor Department’s Executive Director to execute the final MA, PSA, and future amendments. Draft MA and PSA documents are included as Transmittals 2 and 3 respectively.
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) authorize the Executive Director to execute the final Caltrans Master Agreement, Program Supplement, and future amendments to account for revised project schedules, and/or reduced project costs for the Fenix Terminal Railyard Expansion and Modernization Project TCEP funds, subject to approval by the City Attorney as to form and legality; (3) approve the Resolution authorizing execution of the final Caltrans Master Agreement, Program Supplement, and future amendments to account for revised project schedules, and/or reduced project costs for the Fenix Terminal Railyard Expansion & Modernization Project TCEP funds, subject to approval by the City Attorney as to form and legality; (4) authorize the Board Secretary to attest to said Resolution; and (5) adopt Resolution No.________ and this Resolution No.________.
Environmental Management
Summary: Staff requests approval of a proposed Third Amendment to Funding Agreement No. 15-3362 (Agreement) between Chevron Environmental Management Company (Chevron) and the City of Los Angeles Harbor Department (Harbor Department). The proposed Third Amendment extends the term of Agreement No. 15-3362 by an additional three years and increases the contract amount by $248,940. Approval of the proposed Third Amendment will allow Harbor Department’s consultants to continue to provide sampling and monitoring services to one of the Harbor Department’s tenants, West Basin Container Terminals (WBCT), which is required of Chevron by the Los Angeles Regional Water Quality Control Board (LARWQCB). Chevron is financially responsible for all work performed by the Harbor Department’s as-needed consultant on its behalf, and Chevron continues to be responsible for all continuing requirements set forth by the LARWQCB.
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 Third Amendment to Funding Agreement No. 15-3362 between the City of Los Angeles Harbor Department and Chevron Environmental Management Company; (3) authorize the Executive Director to execute and the Board Secretary to attest to, said Third Amendment for and on behalf of the Board; and (4) adopt Resolution No.________.
Waterfront & Commercial Real Estate
Summary: Staff request approval of a First Amendment (Amendment) to Agreement No. E7213 (Agreement) with Ernst & Young, LLP (EY) to continue performing real estate development consulting services related to the Request for Proposal (RFP) for development and operation of the cruise terminal at the Port of Los Angeles (Port). Approval of the proposed First Amendment will increase the not-to-exceed amount by $150,000 from $150,000 to $300,000 and extend the expiration date to September 30, 2025. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially responsible for payment of costs 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) find that, in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) approve the First Amendment to Agreement No. E7213 with EY, which will be effective March 23, 2024; (4) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (5) adopt Resolution No.________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Order resetting compensation under Permit No. 917 (P917) with J Deluca Fish Company, Inc. (DeLuca), for the three-year period of June 19, 2022 to June 18, 2025. P917 grants DeLuca the use of Stalls 1, 2, 3, and 8 at the San Pedro Municipal Fish Market (Municipal Fish Market). P917 has an eight-year term with two, one-year extension options which may be exercised at the tenant’s discretion. Approval of the proposed action will enable the City of Los Angeles Harbor Department (Harbor Department) to retroactively adjust compensation as follows: effective June 19, 2022, annual rent will increase by $14,022.89 or 7.9% from $177,504.99 to $191,527.88; effective June 19, 2023, rent will be increased by $13,100.06 or 6.8% to $204,627.94; and effective June 19, 2024, rent will be increased by $13,100.06 or 6.4% to $217,728. DeLuca has agreed and will be assessed the compensation reset retroactive to June 19, 2022.
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 Order resetting compensation under Permit No. 917 with J Deluca Fish Company, Inc.; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 917; and (4) adopt Resolution No.________ and Order No. ________.
Regular Items (9 – 10)
Environmental Management
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Leidos, Inc. (Leidos) to provide air quality monitoring services for the Port of Los Angeles’s (Port) four air quality monitoring stations located throughout San Pedro and Wilmington. Leidos was selected through a competitive Request for Proposal (RFP) process conducted jointly by the Harbor Department and the Port of Long Beach (POLB) to preserve consistencies from having a single contractor serve both ports. POLB will enter into a separate Agreement with Leidos with a separate scope of work and compensation for the two additional air quality monitoring stations operated by POLB. The proposed Agreement is for a three-year contract term and a not-to-exceed amount of $1,811,487. The Harbor Department is financially responsible for the payment of costs associated with 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) approve the proposed Agreement with Leidos, Inc. for a term of three years and a total not-to-exceed amount of $1,811,487; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.________.
Construction
Summary: Staff requests approval of an award of a contract (Contract) to Axiom Group (Axiom), to construct the North Gaffey Street Beautification Phase II project (Project). The Project consists of constructing improvements along a pedestrian pathway between Gatun Street and Channel Street, including but not limited to, landscape, hardscape, pedestrian path, parking lot, and site lighting. The lowest responsive and responsible bidder is Axiom, located at 4251 Huntington Drive North, Los Angeles, CA 90032. The Contract amount of $5,337,756.76 plus a 10% contingency, is $5,871,532.44, and the Contract duration is 450 calendar days. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(3) and 4 (3) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve, Specification No. 2833 for Item Nos. 1 through 18 of the Bid Proposal Line Items to Axiom for a total amount of $5,871,532.44 including a 10% contingency, and a total term of 450 calendar days; and (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); 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 LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Environmental California, Inc. v. City of Los Angeles; et al.
United States District Court Case No. 2:24-cv-06154
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Cabrillo Way Partners:
Property: 2293 S. Miner Street, San Pedro, CA 90731
City Negotiator: Michael Galvin
Tenant Negotiator: Joe Ueberroth and Robert Olson
Negotiating Parties: City and Cabrillo Way Partners
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to San Pedro Public Market LLC:
Property: Berths 74-83, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market LLC
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 Trapac, LLC:
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
11. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (one case)
L. Adjournment