Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
San Pedro, California 90731
REGULAR MEETING AGENDA
TUESDAY, MAY 7, 2024 AT 10:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
Diane L. Middleton, 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 Harbor Administration Building Boardroom 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 Harbor Administration Building located at 425 S. Palos Verdes St., San Pedro, CA 90731.
- 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 with 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 website (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
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)
Construction & Maintenance
Summary: Staff requests approval of Contract No. 40042, a one-year contract with two one-year renewal options, to Merrimac Petroleum, Inc. dba Merrimac Energy Group of Long Beach, California for marine delivered fuel to be used by City of Los Angeles Harbor Department vessels. The amount of this agreement shall not exceed $438,000 annually, or a total not to exceed amount of $1,314,000 for the duration of the three-year agreement if all options are exercised. The Harbor Department will be financially responsible for the payment of costs 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 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) award Contract No. 40042 to Merrimac in the amount of $438,000 for a period of one year, with two one-year renewal options in the same amount annually to be exercised by the Executive Director or his/her designee; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40042 for and on behalf of the Board; and (4) adopt Resolution No. ___________.
Construction & Maintenance
Summary: Staff requests approval of Change No. 1 to Purchase Order No. 32089-24 with Quality Fence of Paramount, California. The proposed change will increase the current contract, which is in its second renewal option, from $149,000 to $298,000. This annual contract, administered by the Construction and Maintenance Division, is for chain link fencing and gates, furnished and installed for scheduled projects throughout the Port of Los Angeles. The requested increase is necessary for C&M to complete current and planned capital and maintenance projects throughout the Port. Although the contract authority level would increase, the actual contract expenditures will not exceed the budget levels authorized in the C&M and Capital Improvement Program budgets. The City of Los Angeles Harbor Department will continue to be financially responsible for payment of expenses incurred under Purchase Order No. 32089-24.
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(12) of the Los Angeles City CEQA Guidelines; (2) approve Change No. 1 to Purchase Order No. 32089-24 with Quality Fence in the amount of $149,000, increasing the annual expenditure authority from $149,000 to $298,000 for the current renewal option; (3) authorize the Executive Director to execute and the Board Secretary to attest to said purchase order change; and (4) adopt Resolution No. ___________.
Community Relations
Summary: The Harbor Community Benefit Foundation (HCBF) requests that the Board of Harbor Commissioners approve the Calendar Year (CY) 2023 HCBF Annual Review, approve the CY 2023 HCBF Revised Budget ex post facto increase, and approve the proposed CY 2024 HCBF Operations Budget of $265,000. For the first time ever, the CY 2024 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. This CY budget will be fully funded from prorated reserves with no requirement for a funds transfer from the PCMTF. The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles 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 (MOU) and Operating Agreement of the TraPac MOU. 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 2024 Operating Budget will be funded from available reserves as of December 31, 2023.
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, 2022; (3) approve and ratify ex post facto, the revised Harbor Community Benefit Foundation CY 2023 Operating Budget, in the amount of $254,875, which increased from the $199,980 approved by the Board in Resolution No. 22-10092 on November 17, 2022 (change exceeded 10%), noting the revised budget was fully funded from TraPac operating reserves; (4) receive and approve the CY 2023 report of activity from the Port Community Mitigation Trust Fund; (5) approve the Harbor Community Benefit Foundation CY 2024 Operating Budget of a not-to-exceed amount of $265,000, noting the budget will be fully funded pro rata from TraPac PCMTF and China Shipping AQMF reserves, 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; and (6) adopt Resolution No. ___________.
Community Relations
Summary: Staff requests approval of the Harbor Community Benefit Foundation (HCBF) reports: the Air Quality Mitigation Fund (AQMF) Calendar Year (CY) 2023 Review and CY 2024 Operations Budget. In accordance with the China Shipping Memorandum of Agreement (MOA) No. 21-9842, the HCBF is required to submit a yearly budget report on the AQMF to the Harbor Department Executive Director and obtain approval. The CY 2024 HCBF Operations Budget is the first year that the budget is structured to cover operations of HCBF’s two separate sources of funding for operations and programs, namely the TraPac Port Community Mitigation Trust Fund (PCMTF) and the China Shipping AQMF. In addition, the CY 2024 HCBF Operations Budget will be fully funded from on-hand reserves with no requirement for a funds transfer from the AQMF. The HCBF is a non-profit organization that receives funding from the AQMF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the AQMF, subject to Board approval of budget, grants and AQMF fund transfers. HCBF’s proposed CY 2024 Operating Budget of $265,000 will be funded from HCBF reserves, with no requirement for a transfer from the AQMF. Furthermore, no portion of the separate TraPac PCMTF administrative cost budget is funded by China Shipping AQMF reserves. The HCBF will be financially responsible for funding the AQMF Operations Budget.
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) receive and approve the Reports of the Harbor Community Benefit Foundation’s Air Quality Mitigation Fund Annual Review for 2023; (3) approve the Harbor Community Benefit Foundation CY 2024 Operating Budget of a not-to-exceed amount of $265,000, noting the budget will be fully funded pro rata from TraPac PCMTF and China Shipping AQMF reserves; and (4) adopt Resolution No. ___________.
Waterfront & Commercial Real Estate
Summary: This staff report was previously presented to the Board of Harbor Commissioners for consideration on March 15, 2024. The prior report included a Memorandum of Understanding as Transmittal 1 for a different parcel than the subject of this report. This report will correct that administrative error. Staff requests approval of a Memorandum of Understanding (MOU) with the Los Angeles Department of Water & Power (LADWP) to allow the City of Los Angeles Harbor Department (Harbor Department) to access and enter approximately 5.08 acres of property owned by LADWP consisting of Parcels B and C in Exhibit A located on either side of Harry Bridges Boulevard and west of Avalon Boulevard in Wilmington, CA. The MOU is for a term of five years and will allow the Harbor Department to commence remediation, development and construction activities incidental to the development of park improvements and to operate and maintain these improvements as a public park. The park improvements are expected to be completed in 2027 as part of the Wilmington Waterfront Promenade and Avalon Promenade and Gateway Projects (Wilmington Waterfront Projects). The Harbor Department and LADWP are in the process of negotiating a larger land swap transaction that, when complete, will transfer Parcels B and C to Harbor Department ownership. Use of Parcels B and C under the MOU is being provided rent-free; therefore, the Harbor Department’s financial obligations will not be impacted by the approval of the proposed MOU.
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) find that it is in the best interest of the Harbor Department to enter into a Memorandum of Understanding with the Los Angeles Department of Water & Power to enter Los Angeles Department of Water & Power property for purposes of remediation, development, operations and maintenance activities at Parcels B and C; (3) approve the Memorandum of Understanding with Los Angeles Department of Water & Power; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding; and (5) adopt Resolution No. ___________.
Regular Item No. 6
Port Police
Summary: Staff requests approval to accept and enter into a Grant Award 15JCOPS-23-GG-04512-UHPX with the United States Department of Justice, Office of Community Oriented Policing Services – COPS Hiring Program, for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2023 COPS Hiring Program. If approved, the proposed Federal award will be in the amount of $1,250,000 with an award date of October 1, 2023. The item approved for Grant reimbursement subsequent to expenditure by the Harbor Department was the salary and benefit costs for 10 Port Police Officers over a 36-month period. The Grant award is for a five-year period ending September 30, 2028. If the proposed Grant award is approved, then the Harbor Department will be financially responsible for funding $1,609,210 of the total $2,859,210 in salary and benefit costs which will be incurred over a 36-month period. In addition, the Harbor Department will be fully responsible for salary and benefit costs associated with these 10 Port Police Officer positions once the 36-month funding period under the proposed Grant has lapsed.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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) approve the Grant Award, Grant No. 15JCOPS-23-GG-04512-UHPX between the City of Los Angeles Harbor Department and the United States Department of Justice, Office of Community Oriented Policing Services for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2023 COPS Hiring Program; (3) authorize the Deputy Executive Director, Public Safety and Emergency Management, and the Deputy Chief of Police or their designee to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the Harbor Department to implement the projects approved for funding by the DOJ; and (5) adopt Resolution No. ___________ accepting the Grant Award for 15JCOPS-23-GG-04512-UHPX for FY 2023 COPS Hiring Program.
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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to City of Long Beach, Department of Oil Properties, Revocable Permit 03-01:
Property: Southeastern fringe of the Los Angeles Port Pilot Station in San Pedro, CA
City Negotiator: Michael Galvin
Tenant Negotiator: Serge Baghdikian
Negotiating Parties: City and City of Long Beach, Department of Oil Properties
Under Negotiation: Price and Terms
L. Adjournment