Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 13, 2025 AT 10:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
John A. Pérez, Vice President
Yolanda M. De La Torre
Edward R. Renwick
I. Lee Williams
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Approval of the Minutes
- Regular Meeting of January 30, 2025
- Special Meeting of January 30, 2025
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 January 30, 2025
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Environmental Management
Summary: Staff requests approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Rincon Consultants, Inc. (Rincon), based in Los Angeles, California, to provide continuation of monitoring services of the endangered California Least Tern (CLT) nesting site on Pier 400. The endangered CLT nests annually on Pier 400, adjacent to the Port of Los Angeles’s (Port) largest container terminal. The Harbor Department maintains, monitors, and protects 15 acres on Pier 400 for the nesting of these endangered birds. Approval of the proposed Agreement will authorize a three-year contract term for an amount not-to-exceed $529,089. 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Classes 1(9) and 6(2) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the City of Los Angeles Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Agreement with Rincon Consulting, Inc., for a term of three years and not-to-exceed amount of $529,089; (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.________.
Environmental Management
Summary: Staff requests approval of a Temporary Order to amend the Port of Los Angeles Tariff No. 4, establishing Section 25 - “Emissions Control Strategy Charges”; Item Nos. 2500 “Definitions” and 2505 “Emissions Control Strategy Charges” (Tariff Amendment). The proposed Tariff Amendment will authorize the City of Los Angeles Harbor Department (Harbor Department) to pass through charges for ocean-going vessel (OGV) emission control services through to vessel operators or their designated agents plus a $1,800 per call service charge to comply with the California Air Resources Board (CARB) At Berth Regulation requirements, the Harbor Department has contracted with a CARB approved emission control system (CAECS) service provider to treat emissions for OGVs while at berth. The Tariff Amendment will allow the Harbor Department to invoice the vessel operators or their agents who use the Harbor Department’s contract for this service. The $1,800 per call service charge will be assessed to cover the Harbor Department administrative costs and system upgrades for invoicing the new service. The Temporary Order will implement the Tariff Amendment with an effective date of March 3, 2025, prior to adoption by Ordinance, for a period not-to-exceed 90 days.
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 Class 1(31) of the Los Angeles City CEQA Guidelines; (2) approve the Amendment to the Port of Los Angeles Tariff No. 4 to establish Section 25 – “Emissions Control Strategy Charges”; Item Nos 2500 “Definitions” and 2505 “Emissions Control Strategy Charges,” subject to the California Association of Port Authorities review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No. __________ with an effective date of March 3, 2025, to amend the Port of Los Angeles Tariff No. 4, to establish Section 25 - “Emissions Control Strategy Charges,” Item Nos 2500 “Definitions” and 2505 “Emissions Control Strategy Charges”; (4) authorize the Board Secretary to execute 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 March 3, 2025, prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Sections 652(e) and 653(b); and (5) adopt Resolution No.________.
Environmental Management
Summary: Staff requests approval of a Permanent Order to amend the Port of Los Angeles Tariff No. 4, establishing Section 25 - “Emissions Control Strategy Charges”; Item Nos. 2500 “Definitions” and 2505 “Emissions Control Strategy Charges” (Tariff Amendment). The proposed Tariff Amendment will authorize the City of Los Angeles Harbor Department (Harbor Department) to pass charges for ocean-going vessel (OGV) emission control services through to vessel operators or their designated agents plus a $1,800 per call service charge. To comply with the California Air Resources Board (CARB) At Berth Regulation requirements, the Harbor Department has contracted with a CARB approved emission control system (CAECS) service provider to treat emissions for OGVs while at berth. The Tariff Amendment will allow the Harbor Department to invoice the vessel operators or their agents who use the Harbor Department’s contract for this service. The $1,800 per-call service charge will be assessed to cover Harbor Department administrative costs and system upgrades for invoicing the new service.
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 Class 1(31) of the Los Angeles City CEQA Guidelines; (2) approve the Amendment to the Port of Los Angeles Tariff No. 4 to establish Section 25 – “Emissions Control Strategy Charges”; Item Nos 2500 “Definitions” and 2505 “Emissions Control Strategy Charges,” subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No. __________, effective upon implementation, to amend the Port of Los Angeles Tariff No. 4, to establish Section 25 – “Emissions Control Strategy Charges”; Item Nos 2500 “Definitions” and 2505 “Emissions Control Strategy Charges”; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order and the Ordinance approving and authorizing the Amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter Sections 652(e) and 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 City Council approval of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or their nominee for implementation and posting to the Port of Los Angeles Website; and (7) adopt Resolution No.__________.
Commission Office
Recommendation: Board resolve to (1) adopt Subject Resolution No.________.
Regular Items (5 – 9)
Construction
Summary: Staff requests approval of an award of a contract (Contract) to Herzog/Larison A Joint Venture (HLJV), to construct the Berths 302-305 On-Dock Railyard Expansion project (Project). The Project consists of installing five new loading railroad tracks and additional improvements at the Fenix Marine Services Terminal. The lowest responsive and responsible bidder is HLJV, located at 600 S. Riverside Road, Saint Joseph, MO 64507. The Contract amount of $63,612,714.00 plus a 10% contingency, is $69,973,985.00, and the Contract duration is 730 calendar days. Certain expenses, up to $37,378,743.00, incurred under the proposed Contract are eligible for reimbursement under grant funding provided by the Maritime Administration (MARAD) Port Infrastructure Development Program through the United States Department of Transportation (USDOT) and the Trade Corridor Enhancement Program (TCEP) through the California Department of Transportation (CALTRANS). The City of Los Angeles Harbor Department (Harbor Department) will be responsible for $32,595,242.00 in expenses, net of grant reimbursements.
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) and is administratively exempt from requirements of 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, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) find that the bid from the apparent low bidder, Balfour Beatty, is non-responsive due to Balfour Beatty not meeting the required Small Business Enterprise requirement and having a listed subcontractor, Raymond Youash Trucking, without a valid Department of Industrial Relations No. as required in the contract; (4) award and approve, Specification No. 2817 for Item Nos. 1 through 44 of the Bid Proposal Line Items to HLJV for a total amount of $69,973,985.00 including a 10% contingency, and a total term of 730 calendar days; (5) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (6) 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 (7) adopt Resolution No. ____________.
Financial Planning & Analysis
Summary: Staff requests approval of budgetary transfers in the amount of $8,277,697 to cover anticipated budgetary shortfalls within the Rentals, Incentives, and Subsidies Expenses category for the Environmental Management Division (EMD); and the Materials, Supplies, and Equipment Expenses category for the Construction & Maintenance Division (C&M), the Maintenance Improvement Program (MIP), and the Information Technology Division (ITD). Within the Adopted Capital Budget, $8,277,697 of surplus funds are expected to be available in the Construction & Capital Improvement category to offset the anticipated shortfalls. Combined with the previously approved transfer on Resolution No. 24-10444 (addressing the shortfall within the Outside Services Expense category for the Port Optimizer), this proposed transfer will increase the overall Fiscal Year (FY) 2024/25 Adjusted Operating Expense Budget from $408,345,031 to $416,622,728, while reducing the FY 2024/25 Adopted Capital Budget from $298,081,044 to $289,803,347. Payment of Rentals, Incentives, and Subsidies Expenses; and Materials, Supplies, and Equipment Expenses are the financial responsibility of the City of Los Angeles Harbor Department (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 following budgetary transfers to resolve a projected shortfall in the respective operating expense accounts: a. Transfer $8,277,697 from the Adopted Capital Budget, Fund 702, Division 00000, Account 161305 as follows: i. $6,132,577 to Fund 75W, Division 42010, Account 562015; ii. $500,000 to Fund 702, Division 32415, Account 551000; iii. $200,000 to Fund 702, Division 32110, Account 551000; iv. $200,000 to Fund 702, Division 32312, Account 551000; v. $200,000 to Fund 702, Division 32302, Account 551000; vi. $80,000 to Fund 702, Division 32240, Account 551000; vii. $80,000 to Fund 702, Division 32412, Account 551000; viii. $75,000 to Fund 702, Division 32315, Account 551000; ix. $60,000 to Fund 702, Division 32120, Account 551000; x. $50,000 to Fund 702, Division 32140, Account 551000; xi. $40,000 to Fund 702, Division 32305, Account 551000; xii. $10,000 to Fund 702, Division 32250, Account 551000; xiii. $5,000 to Fund 702, Division 32220, Account 551000; xiv. $565,000 to Fund 702, Division 30900, Account 551000; xv. $80,120 to Fund 702, Division 50010, Account 553000; (3) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt Resolution No.________.
Environmental Management
Summary: Staff requests approval of a proposed Second Amendment to Agreement No. 22-9856 (Agreement) with CALSTART, Inc. (CALSTART) for the administration of the Port of Los Angeles (Port) Zero-Emission (ZE) Truck Voucher Incentive Program (Voucher Incentive Program). Approval of the proposed Second Amendment will streamline payment processing, update the Port Voucher Incentive Agreement Form, and extend the agreement by two years for a total of five years. The City of Los Angeles Harbor Department (Harbor Department) will continue to be financially responsible for payment of all expenses related to Agreement No. 22-9856.
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 Second Amendment to Agreement No. 22-9856 with CALSTART, Inc.; (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; and (5) adopt Resolution No.________.
Environmental Management
Summary: Staff requests acceptance and approval of a Subaward Agreement with the Alliance for Renewable Clean Hydrogen Energy Systems, also known as ARCHES H2 LLC (ARCHES) awarded to the City of Los Angeles Harbor Department (Harbor Department) pursuant to Cooperative Agreement No. DE-CD0000041 between ARCHES and the United States Department of Energy’s (DOE) Office of Clean Energy Demonstrations. ARCHES was formed as a statewide public-private partnership built on California’s long-standing Hydrogen and renewable energy leadership to serve as the applicant and organizer for a statewide Hydrogen hub. The statewide organization is led by the California Governor’s Office of Business and Economic Development (GO-Biz) and the University of California Office of the President alongside other state agencies, the legislature, local governments and trade unions. Approval of the Subaward Agreement will authorize the Harbor Department to implement the first phase of a hydrogen equipment deployment project under the ARCHES Hub Grant Program (Harbor Department’s Project or Project). The Harbor Department's Project includes a total value of $300 million including $150 million in grant funds and $150 million in matching funds for a multi-phased deployment of hydrogen fuel cell powered cargo handling equipment and on road trucks. Phase 1 of the Project obligates the Harbor Department to coordinate with tenant partners to fully detail the Project, which will include identifying specific equipment to be procured, sourcing of hydrogen providers and fueling solutions from the ARCHES Marketplace and aligning other Project details as needed. The Subaward Agreement also obligates the Harbor Department to meet ARCHES-required community engagement efforts and to participate and provide information to ARCHES as part of the broader statewide Hydrogen Hub program. Phase 1 will require the Harbor Department to contribute an estimated $1,149,372 in Harbor Department staff time, consultant support to develop and finalize the full Project and funding through a Public Access Investment Plan project in Wilmington that will align with the Phase 1 Community Benefits Plan to be identified in the future. No funding from ARCHES or the DOE is committed during the first phase of the Subaward 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) accept and approve the Subaward Agreement between the City of Los Angeles Harbor Department and ARCHES H2 LLC for Phase 1 of the Harbor Department’s Hydrogen Hub Project with a term starting July 17, 2024 and ending on March 31, 2026; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Subaward Agreement for and on behalf of the Board; and (4) adopt Resolution No.________.
Goods Movement
Summary: Staff requests approval of the Fifth Amendment to Operating Agreement No. 1989 (Agreement) 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 two years from December 31, 2025, to December 31, 2027. 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 anticipate releasing a joint request for proposals (RFP) for selecting the next PRO in March 2025. 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, 2027; (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: 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 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)
8. 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
L. Adjournment