Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, DECEMBER 5, 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.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 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
None
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
None
J. Board Reports of the Executive Director
Consent Items (1 – 5)
Cargo Marketing
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Geodis Logistics LLC, to operate its facility within FTZ No. 202, Site 74, located at 13053 San Bernardino Ave., Fontana, CA 92335. Site 74 consists of 14.5 acres of handling, storage, and distribution space for general merchandise within three warehouse facilities located in Fontana, California. Geodis will operate its facility under the FTZ procedures as a multi-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed agreement is approved, the Harbor Department will receive $7,750 annually from Geodis (per FTZ Tariff No. 2).
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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Geodis Logistics LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No.________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Permit No. 962 with California Sulphur Company, a California general partnership (Cal Sulphur), located at 2250 E. Pacific Coast Hwy, in Wilmington, for purposes of operating and maintaining a sulphur pelletizing and processing facility, including bulk storage of sulphur. If the proposed action is approved, Permit No. 962 would retroactively take effect on July 1, 2024, and would serve as the successor to the existing permit with Cal Sulphur which expired on June 26, 2022, and is currently on holdover status. Under proposed Permit No. 962, Cal Sulphur would pay annual rent of $1,553,845.80, which represents an increase of 27.2 percent, relative to rent in effect at the time of the current permit’s expiration as detailed herein. Effective July 1, 2025, and annually thereafter, rent would increase by the greater of three percent or the annual year-over-year increase in the Consumer Price Index (CPI), as well as an optional market-based rent adjustment every five years.
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(14) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 962 with California Sulphur Company; (3) direct the Board Secretary to transmit Permit No. 962 to City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 962 upon approval by the Board and City Council; and (5) adopt Resolution No.________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Permit No. 964 with H.J. Baker & Bro., LLC. (H.J. Baker) located at 1001 Schley Ave, in Wilmington, for purposes of operating a covered sulfur processing, storage, and maintenance facility. Permit No. 964 would retroactively take effect on July 1, 2024, and would serve as the successor to the existing permit with H.J. Baker which expired on May 2, 2023, and is currently on holdover status. Under proposed Permit No. 964, H.J. Baker would pay annual rent of $641,186.59, which represents an increase of 18.1 percent, relative to rent in effect at the time of the current permit’s expiration as detailed herein. Effective July 1, 2025, and annually thereafter, rent would increase by the greater of three percent or the year-over-year increase in the Consumer Price Index (CPI), as well as an optional market-based rent adjustment every five years.
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(14) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 964 with H.J. Baker & Bro., LLC.; (3) direct the Board Secretary to transmit Permit No. 964 to City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 964 upon approval by the Board and City Council; and (5) adopt Resolution No.________.
Community Relations
Summary: Staff requests approval of a three-year Agreement with Sensis, Inc. (Sensis) to provide the City of Los Angeles Harbor Department (Harbor Department or Port) with advertisement creation and media-planning/placement support with an emphasis on Internet-based (“digital”) advertising. Approval of the proposed Agreement will authorize up to $350,000 per year or up to $1,050,000 for the duration of the three-year Agreement. The Port is financially responsible for payment of expenses incurred under the proposed Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the City Charter Section 1022, work under the Personal Service Agreement can be performed more feasibly by an independent consultant than by City employees; (3) approve the Agreement with Sensis, Inc. for a term of three years and a total not-to-exceed amount of $1,050,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (5) adopt Resolution No.________.
Accounting
Summary: Staff requests approval of the Second Amendment to Agreement No. 21-9843 (Agreement) with Byrd Professional Resources LLP (Byrd Group), a professional staffing services business headquartered in John’s Creek Georgia, to provide experienced Business Systems Analysts to assist the City of Los Angeles Harbor Department (Harbor Department) on continued work requirements resulting from the upgrade of its on-premises Oracle E-Business Suite (EBS) Enterprise Resources Planning (ERP) System to the Oracle ERP Cloud (POLA Fusion ERP). The proposed Second Amendment will extend the term of the Agreement by two (2) years, for a total term not to exceed five (5) years; and increase funding by $3,500,000 for a total not-to-exceed amount of $9,581,200. The 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 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) approve the proposed Second Amendment to Agreement No. 21-9843 with Byrd Professional Resources LLP to extend the term of the Agreement by two (2) years, for a total term not to exceed five (5) years and, to increase funding by $3,500,000 for a total not-to-exceed amount of $9,581,200; (4) direct the Board Secretary to transmit said Second 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 of the Los Angeles Administrative Code; (5) authorize the Executive Director or designee and the Board Secretary to attest to the said Second Amendment for and on behalf of the Board upon approval by City Council; 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: Xu FeiPan
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:
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
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
L. Adjournment