Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 27, 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
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.
- Neighborhood Council Resolutions and/or Community Impact Statements may be filed with the Los Angeles City Clerk any time prior to the day of a 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.portoflosangeles.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
• Convene in Memory – Dale McConnachie
B. Approval of the Minutes
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
• FTZ Overview
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
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 Ceva Freight, LLC (Ceva), to operate its facility within FTZ No. 202, Site 30, located at 19600 Western Ave, Torrance, CA 90501. Site 30 consists of 305,000 square feet of warehouse and 22,000 square feet of office space on 7.1 acres located in Torrance, California. Ceva 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 Ceva (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 Harbor Department and Ceva; (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 Marketing
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Howard Hartry Inc. (HHI), to operate its facility within FTZ No. 202, Site 27, located at 202 North Fries Ave., Wilmington, CA 90744. Site 27 consists of 11,800 square feet of warehouse and office space on 0.25 acres located adjacent to the Port of Los Angeles. HHI will operate its warehouse under 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 HHI (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 Howard Hartry Inc.; (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.________.
Waterfront and Commercial Real Estate
Summary: Staff requests approval of a second Temporary Order approving an amendment to Port of Los Angeles Tariff No. 4 (Tariff No. 4) Section Thirteen – Parking Charges, Item 1300 (a), to increase parking rates effective January 1, 2025, and January 1, 2026 (Amendment). 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. At the November 7, 2024, Board of Harbor Commissioners (Board) meeting, the Board approved Temporary and Permanent Orders amending section Tariff No. 4 increasing parking rates, effective January 1, 2025, and January 1, 2026. Changes in the Tariff require City Council approval. Los Angeles City Council (City Council) has not approved the Permanent Order and Ordinance. The first Temporary order will expire March 31, 2024; therefore, a second Temporary Order is proposed to allow additional time for the Permanent Order to be considered by the City Council. This second Temporary Order, if approved, will be effective April 1, 2025, and expire 90 days after the effective date or upon execution of the Permanent Order by the City Council, whichever occurs first.
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(31) 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 second 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 second 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 April 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.________.
Port Police
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Motorola Solutions, Inc. (Motorola), to purchase and deploy ASTRO Managed Detection and Response (MDR) system which provides 24x7x365 Security Operations Center support for the Los Angeles Port Police (Port Police) systems. The MDR is categorized as a ‘Security-as-a-Service’ offering whereby an organization outsources some of its security operations to a third-party provider. It goes beyond simply detecting threats to working to remediate them on an organization’s network. The employment of this system will enhance cyber security monitoring of Port Police systems, specifically, the Computer Aided Dispatch (CAD) and Records Management Systems (RMS), land-mobile radio system, and the 9-1-1 computer telephone system. The proposed Agreement is for a term of three years and an amount not to exceed $1,177,886.87. Year 1 will primarily consist of an assessment of the various networks and solutions for vulnerabilities, penetration testing, system monitoring, and staff training. Years 2 and 3 will be primarily monitoring and additional testing, as required, for any system changes. The subscription services will be provided in each of the three contract years. Additionally, this amount includes contingency funds which are often needed for technology-related projects which frequently face unforeseen problems. The Harbor Department will be 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 Article III Class 1(6) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided herein cannot be performed by Harbor Department personnel or other current City job classifications; (3) find that in accordance with the Los Angeles City Charter Section 1022 and Los Angeles Administrative Code Section 10.15(a)(10) the proprietary nature of the ASTRO technology limits the availability of specialized expertise to only the particular system vendor, and the desire to utilize the same public safety system as the Los Angeles Police Department would make it undesirable or impractical to utilize another system vendor; (4) approve the proposed Agreement between the City of Los Angeles Harbor Department and Motorola Solutions, Inc.; (5) authorize the Executive Director to execute and the Board Secretary to attest said Agreement for and on behalf of the Board; and (6) adopt Resolution No.____________.
Accounting/Commission Office
Recommendation: Board resolve to (1) adopt Subject Resolution No.________.
Financial Planning and Analysis
Summary: Staff requests approval of budgetary transfers in the amount of $42,052,577 to cover anticipated budgetary shortfalls within the Non-Operating Expense Budget Category for passthrough grants. This budgetary transfer is needed to establish passthrough grant budgets to distribute subrecipient payments in Fiscal Year (FY) 2024/25 for grant awards associated with: 1) Resolution 25-10486 for the Sustainable Equipment Adoption: Community, Harbor, and Neighborhood Growth & Empowerment (SEA-CHANGE) Project, funded through the United States Environmental Protection Agency (EPA); and 2) Resolution 25-10485 for the Los Angeles Marine Emission Reduction (LA MER) Project, funded through the California Air Resources Board (CARB). The Unappropriated Balance will be utilized for these budgetary transfers, and this proposed transfer will increase the overall FY 2024/25 Non-Operating Expense Budget from $32,179,692 to $74,232,269. Staff anticipates that in FY 2024/25 subrecipients will submit approximately $32.7 million in invoices for reimbursement for the SEA-CHANGE Project, and approximately $9.3 million in invoices for the LA MER Project, or approximately $42 million in total for both projects. Payments to grant subrecipients utilizing Non-Operating Expenses for passthrough grants are the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department); however, payments will not proceed until after the Harbor Department has first received the associated passthrough grant funding from the awarding agencies (CARB and EPA) in accordance with the grant 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 following budgetary transfers to resolve a projected shortfall in the federal and state/local passthrough grant non-operating expense accounts: Transfer $42,052,577 from the Unappropriated Balance, Fund 702: i. $32,726,662 to Fund 702, Division 00000, Account 702000, and ii. $9,325,915 to Fund 702, Division 00000, Account 702005; (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. ________.
Regular Item (7)
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 three years from December 31, 2025, to December 31, 2028. 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 January 2027. 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, 2028; (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 – 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)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Avocet Energy Storage LLC:
Property: 2401 E. Sepulveda Blvd., Long Beach
City Negotiator: Marisa Katnich
Tenant Negotiator: John Meinecke
Negotiating Parties: City and Avocet Energy Storage, LLC
Under Negotiation: Price and Terms
3. 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: Cameron Thorpe
Negotiating Parties: City and Trapac, LLC
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Fenix Marine Services, Ltd.:
Property: 614 Terminal Way, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
Under Negotiation: Price and Terms
5. 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
L. Adjournment