Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, JANUARY 16, 2025 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
- Commissioner Recognition
B. Approval of the Minutes
- Regular Meeting of November 21, 2024
- Special Meeting of November 22, 2024
- Regular Meeting of December 5, 2024
C. Executive Director Remarks
D. Comment from the Public on Non-Agenda Items
E. Report from the Neighborhood Council Representatives – An opportunity for Neighborhood Council representatives to provide remarks on Neighborhood Council Resolutions or Community Impact Statements filed with the City Clerk which relate to any agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.
F. Reports of the Commissioners
G. Board Committee Reports
- Audit Committee Meeting of December 5, 2024
- Alameda Corridor Transportation Authority Governing Board Meeting of December 12, 2024
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 – 3)
Port Police
Summary: Staff requests approval to enter into a Memorandum of Agreement (MOA) with the City of Los Angeles, for the reimbursement of funds allocated to the City of Los Angeles Harbor Department (Harbor Department) under the Fiscal Year (FY) 2023 Urban Area Security Initiative (UASI) Grant Program. If approved, the proposed Federal award will be for $1,000,000 with an award date of September 1, 2023. Under the terms of the proposed MOA, the Harbor Department will receive a reimbursement totaling $1,000,000 for expenses incurred for the maintenance of the Land Mobile Radio Upgrade Project. The award is for a three-year period ending May 31, 2026. There is no cost share required under this FY 2023 UASI Grant Program. The Harbor Department will be financially responsible for initial payment of maintenance expenses associated with this MOA.
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 Grant Award between the City of Los Angeles Harbor Department and the City of Los Angeles for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2023 Urban Area Security Initiative; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the City of Los Angeles Harbor Department to implement the project approved for funding by the City of Los Angeles; and (5) adopt Resolution No.________ accepting the Grant Award for UASI FY 2023.
Information Technology
Summary: Staff requests approval to sign three State of California (State), California Network (CALNET) Next Generation (Next Gen) Authorizations to Order (ATOs) with AT&T Enterprises, LLC (AT&T). Approval of the proposed ATOs will allow the City of Los Angeles Harbor Department (Harbor Department) to order telecommunications products and services at the reduced rates negotiated by the State with AT&T. The not-to-exceed payment amount for the proposed ATOs shall be the amount approved by the Board of Harbor Commissioners (Board) for the Telephone Services budget account during each annual budget process. The duration of the proposed ATOs will be three years, from January 1, 2025 through December 31, 2027. AT&T was awarded participation in the CALNET Next Gen contract after a competitive procurement process conducted by the State’s Department of Technology. The proposed approval to sign ATOs also requests authorization of the Harbor Department Chief Information Officer or his/her designee to be the Harbor Department’s authorized signatory for ordering services through CALNET Next Gen. The Harbor Department will be financially responsible for payment of expenses incurred under the proposed ATOs.
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 Administrative Code Section 10.15(8), the competitive contracting requirement is met using the responses from the State of California’s Invitation for Bid Solicitation, which resulted in the State of California’s Office of Technology Services Contracts C4-DNCS-19-001-40, C4-LEG-12-10-TS-01 and C4-CVD-19-001-04; (3) approve the three CALNET Next Gen Authorizations to Order with AT&T for the acquisition of telecommunications products and services for three years from January 1, 2025 through December 31, 2027; (4) authorize the Harbor Department Chief Information Officer or his/her designee to be the Harbor Department’s authorized signatory for ordering services through CALNET Next Gen; and (5) adopt Resolution No.________.
Information Technology
Summary: Staff requests approval to enter into an Agreement with SDI Presence LLC (SDI) for Information Technology Strategic Plan Development Services. This initiative will establish a 5-year IT Strategic Plan for the City of Los Angeles Harbor Department (Harbor Department), with a focus on business and IT alignment, emerging and innovative technologies, and operational excellence. The recommendation to select SDI is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. The proposed Agreement has a one-year term and a not-to-exceed compensation amount of $216,940. The Harbor Department will be financially responsible for payment of expenditures 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, it is more feasible for outside contractors to perform the proposed services rather than City employees; (3) approve the Agreement with SDI for a duration of one year and a not-to-exceed compensation amount of $216,940; (4) authorize the Executive Director to execute and the Board Secretary to attest said Agreement for and on behalf of the Board; and (5) adopt Resolution No.________.
Regular Items (4 – 8)
Environmental Management
Summary: Staff requests approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and STAX Engineering, LLC. (STAX) for on-call ocean-going vessel emissions control services (Agreement). The California Air Resources Board (CARB) has updated the At Berth Regulation with stricter emissions control requirements for container, cruise, and reefer vessels as well as for Roll-On/Roll-Off (RoRo), tanker, and auto carrier vessels that will require them to start controlling their emissions on January 1, 2025. On-call ocean-going vessel emissions control services will ensure that the Harbor Department is meeting the Port of Los Angeles (Port) obligations for the CARB At Berth Regulation as these services will be available for vessels that cannot use shore power. The proposed Agreement is for a term of one year with two, one year renewal options for a maximum term of three years total and a total not to exceed amount of $3,000,000, if all options are exercised. The Harbor Department will be financially responsible for on-call emission control services until a tariff is adopted by the Board under a separate action.
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 Agreement between the City of Los Angeles Harbor Department and STAX Engineering, Inc. for on-call ocean-going vessel emissions control services for a term of one year for $1,000,000 with the option for one-year renewals up to a maximum of three years total and a total not to exceed amount of $3,000,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.________.
Environmental Management
Summary: Staff requests approval of the proposed Subrecipient Agreements between the City of Los Angeles Harbor Department (Harbor Department) and Catalina Channel Express, Inc. (CCE) and Harbor Breeze Corp. (HBC). The Subrecipient Agreements will support the California Air Resources Board (CARB) Fiscal Year (FY) 2021/22 and 2022/23 Advanced Technology Demonstration and Pilot Projects Grant Agreement to fund the proposed Los Angeles Marine Emission Reduction (LA MER) Project (Project). The Harbor Department was awarded the grant to implement the Project, which includes CCE deploying a passenger ferry with Tier 4 engines and potentially a diesel particulate filter (DPF), and HBC deploying two zero-emission (ZE) capable excursion boats. The Project will receive $30,980,376 in funding from CARB and $31,471,492 in matching funds and in-kind services from CCE, HBC, City of Long Beach, and the Harbor Department. The Harbor Department will be responsible for managing the proposed Subrecipient Agreements. The Grant Agreement with CARB as well as the Harbor Department’s financial obligation under the grant will be presented under a separate Board action.
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 Subrecipient Agreement between the City of Los Angeles Harbor Department and Catalina Channel Express, Inc., to perform their portion of the LA MER Demonstration Project; ; (3) approve the Subrecipient Agreement between the City of Los Angeles Harbor Department and Harbor Breeze Corp., to perform their portion of the LA MER Demonstration Project; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Agreements for and on behalf of the Board; and (5) adopt Resolution No.________.
Environmental Management
Summary: Staff requests approval of a California Air Resources Board (CARB) Fiscal Year (FY) 2021/22 and 2022/23 Advanced Technology Demonstration and Pilot Projects Grant Agreement to fund the proposed Los Angeles Marine Emission Reduction (LA MER) Project (Project) with Catalina Channel Express, Inc. (CCE), Harbor Breeze Corp. (HBC), and the City of Long Beach. The City of Los Angeles Harbor Department (Harbor Department) was awarded the grant to implement the proposed Project, which includes CCE deploying a passenger ferry with Tier 4 engines and potentially a diesel particulate filter (DPF), and HBC deploying two zero-emission (ZE) capable excursion boats. The Project will receive $30,980,376 in funding from CARB, to be matched by the Project participants (CCE, HBC, the City of Long Beach, and the Harbor Department) with matching funds and in-kind contributions totaling $31,471,492. Project participants’ matching funds are as follows: $15,370,554 from CCE; $15,110,938 from HBC; and $340,000 from the City of Long Beach. Subrecipient Agreements with CCE and HBC will be presented under a separate Board action. The Harbor Department’s cost share amounts for the data collection and analysis, Next Generation Harbor Craft Technology Assessment, and sponsored tours, were determined as part of the proposal in alignment with similar projects in the past. The commitment for the required data collection and analysis was derived from a quote provided by a currently under contract consulting firm through the Air Quality As-Needed Consulting Services contracts that has provided similar services for past demonstration projects, with specific expertise in marine emissions. Costs for the Next Generation Harbor Craft Technology Assessment was estimated in alignment with comparable efforts managed by the Harbor Department for analysis work across the San Pedro Bay Port Complex. The cost estimate for the sponsored tours is based on the existing contract between the Harbor Department and HBC for harbor tour services. A Memorandum of Understanding (MOU) with the City of Long Beach will be presented under a separate Board action at a future date. In addition to staff resources to manage and implement the Project, the Harbor Department will be financially responsible for $650,000 in matching funds and in-kind services.
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) accept and approve the Grant Agreement between the City of Los Angeles Harbor Department and the California Air Resources Board under the Fiscal Year 2021/22 and 2022/23 Advanced Technology Demonstration and Pilot Projects; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Grant Agreement with the California Air Resources Board for and on behalf of the Board; (4) authorize the City of Los Angeles Harbor Department to proceed with the Los Angeles Marine Emission Reduction Demonstration Project approved for funding by the California Air Resources Board; and (5) adopt Resolution No.________.
Environmental Management
Summary: Staff requests acceptance and approval of Grant Agreement No. 97T27601 with the U.S. Environmental Protection Agency (EPA) awarded to the City of Los Angeles Harbor Department (Harbor Department) in the amount of $411,688,296 for the SEA-CHANGE: Sustainable Equipment Adoption: Community, Harbor, and Neighborhood Growth & Empowerment Project (SEA-CHANGE Project) under the EPA Fiscal Year 2024 Clean Ports Program Funding Opportunity. The SEA-CHANGE Project will fund the deployment of an estimated 424 battery-electric human-operated zero-emission (ZE) pieces of cargo handling equipment at five container terminals and an additional estimated 250 ZE drayage trucks, including related ZE infrastructure installation. The Project includes $51 million for workforce development and community engagement efforts. The total SEA-CHANGE Project cost is $644,212,160, which includes the EPA grant and Project Partners $104,081,432 cost share, and the Harbor Department’s contribution of $128,442,432.
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) accept and approve Grant Agreement No. 97T27601 between the City of Los Angeles Harbor Department and the U.S. Environmental Protection Agency for grant funding of $411,688,296; (3) delegate to and authorize the Executive Director to execute, and the Board Secretary to attest, all documents to finalize the Project Grant Award consistent with the Grant Agreement, subject to approval to form and legality by the Office of the City Attorney; (4) approve the form of Subrecipient Agreements to be entered into with Project grant subrecipients, to be finalized and executed by the Executive Director and attested by the Board Secretary, subject to approval to form and legality by the Office of the City Attorney; (5) direct staff to present to the Board (i) a Receive and File action for the final Grant Agreement, Subrecipient Agreements and any documents executed by the Executive Director pursuant to the delegation of authority above, and (ii) an annual report on progress of the Project, beginning in 2026; and (6) adopt Resolution No.________.
Community Relations
Summary: The Harbor Community Benefit Foundation (HCBF) requests, and Staff recommends, that the Board of Harbor Commissioners (Board) approve its proposed Calendar Year (CY) 2025 Operating Budget of $230,345 and the transfer of the remaining balance after grant and budget allocations in JPMorgan Chase Private Bank (JPMCPB) to HCBF operations not to exceed $5,000. The CY 2025 HCBF Operations Budget is structured to cover HCBF’s two separate sources of funding for operations and programs: the TraPac Port Community Mitigation Trust Fund (PCMTF), and the China Shipping Air Quality Mitigation Fund (AQMF). The trust funds from each source are separately held and managed independently by JPMCPB and California Community Foundation (CCF), respectively. This CY budget will be funded from prorated shares from each fund, equating to 15% from PCMTF and 85% from AQMF. The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the PCMTF, subject to Board approval of budget, grants and PCMTF fund transfers in accordance with the TraPac Memorandum of Understanding (TraPac MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). In accordance with the TraPac MOU and Operating Agreement, HCBF has provided the required financial reports and program documentation in support of its budget request. HCBF will be financially responsible for its operating budget. Additionally, HCBF will provide the Board prior notice of any reallocation of authorized funds that exceed 10% of the total annual budget. The Harbor Department has completed all funding obligations into the PCMTF under the TraPac MOU, which expired in 2013. The proposed CY 2025 Operating Budget will be funded from prorated funds in the amount of $34,340 from TraPac operating reserves and $196,005 from China Shipping operating reserves (AQMF grants Round 3).
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) review, receive and file the audited financials for Harbor Community Benefit Foundation for the calendar year ending December 31, 2023; (3) approve the Harbor Community Benefit Foundation CY 2025 Operating Budget in the amount of $230,345, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice of any reallocation within the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (4) authorize the Executive Director or designee to execute a joint letter with the HCBF, to authorize JP Morgan Chase Private Bank to distribute funds in one lump sum transfer from the PCMTF to HCBF, in an amount of $405,100 to sufficiently fund PCMTF Round 9 Grants and the administrative needs of HCBF’s 2025 annual operating budget; (5) approve the transfer of the remaining balance not to exceed $5,000 from the JPMorgan Chase Bank account to HCBF operations to close the accounts upon final issuance of round 9 grants; 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 Continuation of Revocable Permit No. 19-04 with County of Los Angeles:
Property: 300 E. Water Street, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Farron Chavarria
Negotiating Parties: City and County of Los Angeles
Under Negotiation: Price and Terms
L. Adjournment