Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MARCH 18, 2021 AT 9:00 A.M.
Los Angeles Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org/commission/agenda-archive-and-videos
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
PLEASE READ THESE INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Written comments or materials may be submitted by emailing [email protected]. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on the day before the Board meeting. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: [email protected] , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponiblepara traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comment from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
E. Reports of the Commissioners
F. Board Committee Reports
- Alameda Corridor Transportation Authority Governing Board Meeting of March 11, 2021
G. Approval of the Minutes
- Regular Meeting of March 4, 2021
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 - 6)
Cargo & Industrial Real Estate
1. RESOLUTION NO. __________ - APPROVE PERMIT NO. 952 WITH INNOVATIVE TERMINAL SERVICES, INC.
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of Permit No. 952 (Permit) with Innovative Terminal Services, Inc. (Innovative) for use of 716,046 square feet (16.44 acres) of paved land located at 690 New Dock Street, Terminal Island. The proposed Permit will yield $2,586,906.60 in revenue the first year, subject to a fixed annual increase on July 1, 2022, with further adjustments applied on July 1, 2023, and annually thereafter based on the greater of Consumer Price Index (CPI-U) or two percent. The term of the Permit is three years, plus two one-year extension options exercisable by the Executive Director.
Recommendation: Board resolve to (1) find that, in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15164, the proposed Permit No. 952 will not result in any new significant environmental effects of substantially more severe effects than previously analyzed in the adopted Final Initial Study/Negative Declaration for the Innovative New Dock Chassis Depot Project; (2) consider the Addendum to the previously adopted Final Initial Study/Negative Declaration for the Innovative New Dock Chassis Depot Project; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (4) approve Permit No. 952 with Innovative Terminal Services, Inc.; (5) authorize the Executive Director to Execute and the Board Secretary to attest to Permit No. 952; and (6) adopt Resolution No.____________.
Recommendation: Board resolve to (1) find that, in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15164, the proposed Permit No. 952 will not result in any new significant environmental effects of substantially more severe effects than previously analyzed in the adopted Final Initial Study/Negative Declaration for the Innovative New Dock Chassis Depot Project; (2) consider the Addendum to the previously adopted Final Initial Study/Negative Declaration for the Innovative New Dock Chassis Depot Project; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (4) approve Permit No. 952 with Innovative Terminal Services, Inc.; (5) authorize the Executive Director to Execute and the Board Secretary to attest to Permit No. 952; and (6) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
2. RESOLUTION NO. __________ - APPROVE REVOCABLE PERMIT NO. 20-21 WITH LITTLE ITALY OF LOS ANGELES ASSOCIATION
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Revocable Permit (RP) No. 20-21 with non-profit Little Italy of Los Angeles Association (Little Italy) for the use of a City of Los Angeles Harbor Department (Harbor Department) property consisting of a 160 square foot (s.f.) parking lot space located at Miner and 22nd Streets in San Pedro. Little Italy will be utilizing the site to house a container to store materials such as tents, tables, and chairs that are used at the weekly Little Italy Farmers Market at Pepper Tree Plaza in San Pedro. Little Italy directly improves the aesthetic appearance of the LA Waterfront through its promotion of a central gathering location adjacent to the Town Square development that highlight the lives, language, culture, and stories of Italians and Italian Americans in Los Angeles. The current market value of the 160 s.f. premises is estimated at $60.00 per month ($720.00 per year) based on $45.00/s.f. Given the greater benefits received by the Harbor Department from the services provided by Little Italy, which are aligned with visitor-attraction objectives for the LA Waterfront, staff requests waiving the monthly rent. Little Italy will be financially responsible for all costs, including maintenance of the storage container and premises. Pursuant to the Harbor Department’s Leasing Policy, the Board of Harbor Commissioners (Board) is required to approve the no-rent RP.
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) find that the proposed action is the best interest of the City of Los Angeles Harbor Department based on the value of services delivered to the community exceeding the market rental value of the property, and the rent that would be due and owed imposes an understandable hardship; (3) approve Revocable Permit No. 20-21 with Little Italy of Los Angeles Association; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 20-21; and (5) adopt Resolution No._____________.
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) find that the proposed action is the best interest of the City of Los Angeles Harbor Department based on the value of services delivered to the community exceeding the market rental value of the property, and the rent that would be due and owed imposes an understandable hardship; (3) approve Revocable Permit No. 20-21 with Little Italy of Los Angeles Association; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 20-21; and (5) adopt Resolution No._____________.
Cargo Marketing
3. RESOLUTION NO. __________ - APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND NIPPON EXPRESS USA INC., FTZ 202, SITE 4E
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Nippon Express USA Inc. (Nippon Express) to operate its facility within FTZ 202, Site 4E, which is located at, 18651 Ferris Place, Carson, California. This is a seven-acre property including a warehouse located within Magnet Site 4, approximately 10 miles north of the Port of Los Angeles. Currently, Site 4E is managed by Nippon Express NEC Logistics America Inc, that will cease operation on March 31, 2021. Nippon Express, a sister division of Nippon Express NEC Logistics America, Inc. will take over the operation of this site on April 1, 2021. The proposed Agreement is for a term of five years with three, five-year renewal options, and an effective date of April 1, 2021, the date upon which Nippon Express will begin managing site 4E. Should the proposed Agreement be approved, the Harbor Department will receive $7,750 annually from Nippon Express (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 Nippon Express; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No._____________.
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 Nippon Express; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No._____________.
Cargo Marketing
4. RESOLUTION NO. __________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 16-3376 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MORGAN FABRICS CORPORATION FTZ 202, SITE F
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 16-3376 between the City of Los Angeles Harbor Department (Harbor Department) and Morgan Fabrics Corporation (Morgan) to continue operating its facility within FTZ 202, Site F, located at 4265 Exchange Ave., Vernon, California 90058. The Harbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Morgan’s current FTZ Operating Agreement No. 16-3376 will expire on May 31, 2021. The First Amendment will extend the Operating Agreement by five years. Morgan requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department needs to execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site F consists of 1.9 acre site with a total square footage of approximately 49,000 square feet of warehousing and office space located approximately 23 miles from the Port of Los Angeles. Morgan will operate its facility under FTZ procedures as a Subzone site. The proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $10,000 annually from Morgan (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 First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376 between the City of Los Angeles Harbor Department and Morgan Fabrics Corporation; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376; and (5) adopt Resolution No.___________.
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 First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376 between the City of Los Angeles Harbor Department and Morgan Fabrics Corporation; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 16-3376; and (5) adopt Resolution No.___________.
Graphic Services
5. RESOLUTION NO. __________ - AWARD OF CONTRACT NO. 39940 TO CANON SOLUTIONS AMERICA, INC. FOR THE LEASE OF PHOTOCOPIER EQUIPMENT
Transmittal 1
Transmittal 2
Summary: Staff requests approval to award Contract No. 39940 (Contract) to Canon Solutions America, Inc. (Canon) for photocopier lease services. Contract No. 39940 is a one-year contract, with two one year renewal options and an annual amount not-to-exceed $235,000. If both options are exercised, then total spending authority under the Contract would be $705,000 over a three-year period. Through the Contract, Canon will supply and maintain photocopiers at various Harbor Department office locations. Payment of expenditures incurred under this contract will be the financial responsibility of the 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 Contract No. 39940 with Canon Solutions America, Inc. for a one-year term at a not-to-exceed amount of $235,000; (3) authorize the Executive Director to execute two, one-year extensions at an amount not-to-exceed $235,000 annually, subject to budget authorization in each fiscal year; and (4) adopt Resolution No.____________.
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 Contract No. 39940 with Canon Solutions America, Inc. for a one-year term at a not-to-exceed amount of $235,000; (3) authorize the Executive Director to execute two, one-year extensions at an amount not-to-exceed $235,000 annually, subject to budget authorization in each fiscal year; and (4) adopt Resolution No.____________.
Government Affairs
6. RESOLUTION NO. __________ - APPROVAL OF AGREEMENT WITH HOLLAND AND KNIGHT LLP FOR FEDERAL GOVERNMENT ADVOCACY SERVICES IN WASHINGTON, D.C.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of an Agreement for federal government advocacy services in Washington, D.C. for the City of Los Angeles Harbor Department (Harbor Department) with Holland & Knight, LLP. The firm is incorporated in Florida, and the Harbor Department’s points of contact are located in Washington, D.C. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $270,000, which is $90,000 per year, resulting in a monthly fee of $7,500. The total authority of the proposed Agreement is $270,000 over three years. 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 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 (Charter), Section 1022, work under the subject Agreements is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve the proposed Agreement with Holland & Knight, LLP. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $270,000, which is $90,000 per year, resulting in a monthly fee of $7,500. The total authority of the proposed Agreement is $270,000 over three years; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.____________.
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 (Charter), Section 1022, work under the subject Agreements is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve the proposed Agreement with Holland & Knight, LLP. The proposed Agreement is for a one-year term with two one-year options to extend, for a total of up to three years, with a not-to-exceed amount of $270,000, which is $90,000 per year, resulting in a monthly fee of $7,500. The total authority of the proposed Agreement is $270,000 over three years; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.____________.
Regular Items (7 & 8)
Port Pilots
7. RESOLUTION NO. __________ - APPROVE TEMPORARY ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 330 – “CHARGES FOR PILOTAGE”
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval to temporarily amend the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 330 – Charges for Pilotage. The City of Los Angeles Harbor Department (Harbor Department) provides the piloting service that is required by all vessels, 300 gross tons and over, calling at the Port of Los Angeles. Each vessel is subject to a tariff that is assessed on a vessel’s gross registered tons (GRT) and the length over all (LOA), plus a general assessment for capital improvements, maintenance and training (Surcharge per Move). The proposed amendment would: (i) incorporate a five-step increase, affecting all fee schedules related to pilotage; (ii) increase the 2nd pilot fee from 50% to 100%; and (iii) include a draft surcharge (Draft Surcharge) assessed to each vessel requiring pilotage at an initial level of $6.00 per foot. Effective April 1, 2021, the GRT would increase to $0.00665, the fee attributable to LOA would initially increase by 5.6 percent, and the Surcharge per Move would increase to $110.88. Effective, January 1, 2022, the Draft Surcharge would increase to $12.00 per foot, and all other fee schedules related to pilotage would again increase 5.6 percent. Effective, January 1, 2023, and each January 1, thereafter, all fees schedules related to pilotage would increase by 5.6 percent. During calendar year 2025, the Harbor Department will re-evaluate whether any additional fee increases would be necessary over the subsequent five-year period.
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 the Port of Los Angeles Tariff No. 4, to revise Section Three Pilotage, Item Nos. 330 (b), (d), (e), (f), and (g), and add Item No. 330 (h) for draft surcharge, 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. ______ - to amend Section Three Pilotage. Item Nos. 330 (b), (d), (e), (f), (g), and add Item No. 330 (h) to include a draft surcharge in the Port of Los Angeles Tariff No. 4; (4) authorize the Board Secretary to certify to the adoption of 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 prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
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 the Port of Los Angeles Tariff No. 4, to revise Section Three Pilotage, Item Nos. 330 (b), (d), (e), (f), and (g), and add Item No. 330 (h) for draft surcharge, 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. ______ - to amend Section Three Pilotage. Item Nos. 330 (b), (d), (e), (f), (g), and add Item No. 330 (h) to include a draft surcharge in the Port of Los Angeles Tariff No. 4; (4) authorize the Board Secretary to certify to the adoption of 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 prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
Port Pilots
8. RESOLUTION NO. __________ - APPROVE PERMANENT ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 330 – “CHARGES FOR PILOTAGE”
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests approval to permanently amend the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 330 – Charges for Pilotage. The City of Los Angeles Harbor Department (Harbor Department) provides the piloting service that is required by all vessels, 300 gross tons and over, calling at the Port of Los Angeles. Each vessel is subject to a tariff that is assessed on a vessel’s gross registered tons (GRT) and the length over all (LOA), plus a general assessment for capital improvements, maintenance and training (Surcharge per Move). The proposed amendment would: (i) incorporate a five-step increase, affecting all fee schedules related to pilotage; (ii) increase the 2nd pilot fee from 50% to 100%; and (iii) include a draft surcharge (Draft Surcharge) assessed to each vessel requiring pilotage at an initial level of $6.00 per foot. Effective, April 1, 2021, the GRT would increase to $0.00665, the fee attributable to LOA would initially increase by 5.6 percent, and the Surcharge per Move would increase to $110.88. Effective, January 1, 2022, the Draft Surcharge would increase to $12.00 per foot, and all other fee schedules related to pilotage would again increase 5.6 percent. Effective, January 1, 2023, and each January 1, thereafter, all fees schedules related to pilotage would increase by 5.6 percent. During calendar year 2025, the Harbor Department will re-evaluate whether any additional fee increases would be necessary over the subsequent five-year period.
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 the Port of Los Angeles Tariff No. 4, to revise Section Three Pilotage, Item Nos. 330 (b), (d), (e), (f), and (g), and add Item No. 330 (h) for draft surcharge, 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. ______ - to amend Section Three Pilotage. Item Nos. 330 (b), (d), (e), (f), (g), and add Item No. 330 (h) to include a draft surcharge in the Port of Los Angeles Tariff No. 4; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order and the Ordinance approving the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 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) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Tariff No. 4 as stated above, and, upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website; and (7) adopt Resolution No. ______________.
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 the Port of Los Angeles Tariff No. 4, to revise Section Three Pilotage, Item Nos. 330 (b), (d), (e), (f), and (g), and add Item No. 330 (h) for draft surcharge, 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. ______ - to amend Section Three Pilotage. Item Nos. 330 (b), (d), (e), (f), (g), and add Item No. 330 (h) to include a draft surcharge in the Port of Los Angeles Tariff No. 4; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order and the Ordinance approving the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 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) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Tariff No. 4 as stated above, and, upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website; and (7) adopt Resolution No. ______________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. Certain Underwriters at Lloyd’s, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
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.
Los Angeles Superior Court Case No. BS070017
3. 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. 20STCP02978
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
South Coast Air Quality Management District v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 20STCP02985
5. 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)
6. 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
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with San Pedro Fish Market:
Property: Berths 93C, D, E, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
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 an Exclusive Negotiating Agreement with Bellwether Financial Group:
Property: Berth 44, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Joe Ueberroth
Negotiating Parties: City and Bellwether Financial Group
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 787 with Yang Ming Marine Transport Corporation:
Property: Berths 121-131, San Pedro
City Negotiator: Michael DiBernardo
Tenant Negotiator: WenJin Lee
Negotiating Parties: City and Yang Ming Marine Transport Corporation
Under Negotiation: Price and Terms
L. Adjournment