SPECIAL MEETING NOTICE
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, APRIL 14, 2022 @ 2:00PM
The Los Angeles Board of Harbor Commissioner are virtually scheduled to meet on Thursday, April 14, 2022 at 2:00pm.
This Special Meeting is in lieu of their previously scheduled Regular Meeting at 9:00am on the same date.
Please refer to the Port of Los Angeles website for details at www.portoflosangeles.org.
AMBER M. KLESGES
Commission Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, APRIL 14, 2022 AT 2:00 P.M.
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
- 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).
UPDATED INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Members of the public can provide a live comment by calling (310) 732-3444. Commission Staff will be available to receive your call and provide Zoom meeting access information. If Commission Staff is not available to receive your call, please leave a voicemail at (310) 732-3444 with your name and your telephone number for a return call. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
- 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. 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. 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 4:00pm on the day before the scheduled 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 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: 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.
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 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.
E. Reports of the Commissioners
F. Board Committee Reports
None
G. Approval of the Minutes
None
H. Presentation
- Port of Los Angeles Fiscal Year 2022/2023 Proposed Budget
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 - 3)
Office of the City Attorney
Summary: The Office of the City Attorney (Office) requests the Board of Harbor Commissioners (Board) approve the Legal Services Agreement between the City of Los Angeles Harbor Department and Hunton Andrews Kurth LLP (Hunton) for legal services related to insurance coverage matters. The proposed term of the Agreement is three years. The proposed compensation authority for the Agreement is $500,000. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement. The Agreement also allows for the award of additional success fees from insurance recoveries. In connection with the proposed Agreement, Hunton has requested a waiver of any potential conflicts that might arise by way of its representation of Chevron in proceedings before the Regional Water Quality Control Board pertaining to Berths 78 and 100, or by way of its representation of Ultramar, Valero Energy, NuStar Energy and/or Shore Terminals in connection permitting and environmental approvals for their MOTEMS wharf upgrades.
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) formally waive any potential conflict that might arise from Hunton Andrews Kurth’s representation of Chevron and formally waive any potential conflict that might arise from Hunton Andrews Kurth’s representation of Ultramar, Valero Energy, NuStar Energy and/or Shore Terminals; (3) authorize the Office of the City Attorney to execute a written conflict waiver; (4) find in accordance with Charter Section 1022, that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (5) approve a Legal Services Agreement with Hunton Andrews Kurth LLP in the amount of $500,000 for a three-year term; (6) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (7) adopt Resolution No._____________.
Port Pilots
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 install an updated all-band radio communications system. The proposed agreement is an Eligible Purchaser Order (Transmittal 1) pursuant to City of Los Angeles Contract No. C-123897, the master services agreement between Motorola and the City of Los Angeles. This action will authorize an agreement with a three-year term for a not-to-exceed amount of $1,368,570. The Harbor Department will be financially responsible for 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 2(2) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve the proposed Eligible Purchaser Order between the City of Los Angeles Harbor Department and Motorola Solutions, Inc.; (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.____________.
Executive Office
Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4, (Tariff No. 4) amending Section Twenty-Five, “Container Excess Dwell Fee”. A Container Excess Dwell Fee will be assessed to the ocean common carriers (OCCs) for each discharged container transported under their bill of lading that dwells on a Port terminal beyond a prescribed period depending on the modality of the container. The assessment and collection of this fee shall commence upon notice provided by the Executive Director at a public meeting of the Board. Both the Port, and the Port of Long Beach independently pursued initiatives to implement fee structures. Initiatives were developed in coordination with the Biden-Harris Supply Chain Disruptions Task Force, U.S. Department of Transportation and multiple supply chain stakeholders. Under this proposed Tariff No. 4 amendment, the Port will continue to have the authority to assess a fee for container excess dwell time, payable by OCCs responsible for discharging the specific containers. For containers scheduled to move by truck (local) and by rail (intermodal), OCCs would be charged for every container dwelling nine days or more following vessel discharge of $100 per container, increasing in $100 increments per container per day of excess dwell time beyond the prescribed period. The amount of fees to be generated under the proposed Amendment is currently unknown given the reduction in dwell times observed since the original Temporary Order was initially approved in October 2021. The goal of this initiative is to continue the reduction in dwell time on both intermodal and local containers stored within a Port terminal. The first Temporary Order will expire on April 29, 2022; therefore, a second Temporary Order is required to continue consideration of the dwell fee.
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) adopt Temporary Order No.____________ to amend Port of Los Angeles Tariff No. 4 adding Section Twenty-Five, “Container Excess Dwell Fee”; (3) authorize the Board Secretary to certify the adoption of a 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 (4) adopt Resolution No.____________.
Regular Item No. 4
Financial Planning & Analysis
Summary: Staff requests approval of budgetary transfers in the amount of $10,078,361 to cover anticipated budgetary shortfalls within the Other Operating Expenses category for Electric Services; the Salaries and Benefits category for Regular Salaries and Employee Benefits, and Overtime; and the Materials and Supplies category for Equipment Fuels. Within the Adopted Operating Expense Budget, $3,419,652 of surplus funds are expected to be available in the Travel Expenses, Outside Services, and City Services categories. Within the Adopted Non-Operating Expense Budget, $6,658,709 of surplus funds are expected to be available in the State Pass Through Non-Operating Expenses account. Combined with the previously approved transfer on Resolution No. 21-9944 (addressing the initial shortfall within the Other Operating Expense category for Electric Services), this proposed transfer of funds will increase the overall Fiscal Year (FY) 2021/22 Adopted Budget from $300,071,525 to $312,886,901. Payment of Regular Salaries, Employee Benefits, Overtime, Equipment Fuels, and Electricity 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 $3,419,652 to the Operating Expense Budget, Account 59510, Center 0900, Program 000 as follows: i. $2,500,000 from Account 57070, Center 0900, Program 000; ii. $150,000 from Account 54260, Center 0330, Program 000; iii. $81,750 from Account 53100, Center 0210, Program 000; iv. $78,000 from Account 54290, Center 0210, Program 000; v. $75,000 from Account 54290, Center 0330, Program 000; vi. $74,970 from Account 54275, Center 0311, Program 000; vii. $70,000 from Account 53100, Center 0422, Program 000; viii. $55,000 from Account 54290, Center 0422, Program 000; ix. $50,000 from Account 57045, Center 0510, Program 000; x. $42,000 from Account 57090, Center 0412, Program 000; xi. $38,630 from Account 53000, Center 0310, Program 000; xii. $27,000 from Account 54130, Center 0310, Program 000; xiii. $25,000 from Account 54310, Center 0330, Program 000; xiv. $24,000 from Account 53000, Center 0280, Program 000; xv. $23,097 from Account 54290, Center 0428, Program 000; xvi. $15,500 from Account 53000, Center 0422, Program 000; xvii. $15,400 from Account 54290, Center 0320, Program 000; xviii. $10,405 from Account 53000, Center 0330, Program 000; xix. $10,000 from Account 53000, Center 0640, Program 000; xx. $10,000 from Account 53100, Center 0640, Program 000; xxi. $10,000 from Account 53100, Center 0280, Program 000; xxii. $9,000 from Account 54310, Center 0310, Program 000; xxiii. $6,500 from Account 53000, Center 0320, Program 000; xxiv. $6,400 from Account 54030, Center 0320, Program 000; xxv. $6,000 from Account 53000, Center 0260, Program 000; xxvi. $6,000 from Account 53100, Center 0330, Program 000; b. Transfer $6,658,709 from the Non-Operating Expense Budget, Account 89097, Center 6000, Program 000 as follows: i. $2,362,849 to Account 59510, Center 0900, Program 000; ii. $600,000 to Account 55040, Center 0510, Program 000; iii. $994,976 to Account 51110, Center 0412, Program 000; iv. $400,000 to Account 51110, Center 0510, Program 000; v. $136,485 to Account 51110, Center 0414, Program 000; vi. $1,998,542 to Account 51010, Center 0901, Program 000; vii. $165,857 to Account 51610, Center 0901, Program 000; (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.___________.
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:
(two cases)
5. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION `
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) 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 827 with APM Terminals Pacific LLC:
Property: 2500 Navy Way, San Pedro
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: John Ochs
Negotiating Parties: City and APM Terminals Pacific LLC
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 Lease 915 with San Pedro Public Market LLC:
Property: Berth 74-83, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market LLC
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 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
L. Adjournment