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
THURSDAY, AUGUST 22, 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
- Vice President Diane Middleton Appreciation and Recognition
B. Approval of the Minutes
- Regular Meeting of August 8, 2024
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
- Alameda Corridor Transportation Authority Governing Board Meeting of August 15, 2024
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Public Hearing
1(a) ISSUANCE OF A NON-APPEALABLE LEVEL II COASTAL DEVELOPMENT PERMIT (NO. 24-04) TO THE PORT OF LOS ANGELES FOR THE BERTHS 302-305 ON-DOCK RAIL YARD EXPANSION PROJECT
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles’ certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Strategy
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 24-04 to the City of Los Angeles Harbor Department (Harbor Department) for the proposed Berths 302-305 On-Dock Rail Yard Expansion Project (proposed Project). The proposed Project outlined in Application for Port Permit (APP) No. 200602-086 will add five new loading tracks, expanding the Fenix Marine Services Container on-dock rail yard loading tracks from nine to fourteen. The new loading tracks would allow the facility to transport an additional 520,000 Twenty-Foot Equivalent Units (TEU) by rail per year that would have otherwise left the facility via heavy-duty truck. On February 14, 2020, the U.S. Department of Transportation Maritime Administration (MARAD) awarded approximately $18 million of Port Infrastructure Development Program funds, and, on December 3, 2020, the California Transportation Commission awarded approximately $19 million of Trade Corridor Enhancement Program funds, toward the proposed Project. In aggregate, approximately $37 million in grants have been awarded, approximately $15 million less than the anticipated total project cost of the approximately $52 million. The Harbor Department is financially responsible for the proposed Project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 24-04, a non-appealable Level II permit; (2) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(i) of the Los Angeles City CEQA Guidelines; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of CDP No. 24-04, consistent with the project description listed on APP No. 200602-086, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director; and (5) adopt Resolution No.___________.
K. Board Reports of the Executive Director
Consent Items (2 – 7)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Order resetting compensation for Permit No. 896 (P896) with Crafted at the Port of Los Angeles (Crafted), a visitor-serving arts and crafts public marketplace and tourist attraction. P896 has a 25-year term that commenced December 16, 2011, with two five-year options to extend. The proposed Order recommends compensation be reset for Period 2 of the bifurcated Fourth Compensation Period, effective September 1, 2020, through August 31, 2028. If approved, Period 2 compensation covering the five-year period of September 1, 2023, through August 31, 2028, will be increased on a tiered-basis.
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 Order resetting compensation for the five-year period of September 1, 2023, through August 31, 2028, under Permit No. 896; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting Permit No. 896; and (4) adopt Resolution No.___________ and Order No.___________.
Environmental Management
Summary: Staff requests approval of a Fourth Amendment to Memorandum of Agreement No. 10-2900 (Agreement) with the United States Army Corps of Engineers (Corps or USACE) to expedite the Corps independent evaluation of the City of Los Angeles Harbor Department’s (Harbor Department) priority permit applications and environmental assessments required by the National Environmental Policy Act (NEPA). The Corps acts as the NEPA lead agency for the issuance of federal permits related to waters of the United States. Approval of the proposed Fourth Amendment would extend the term of the Agreement by an additional five years for a total Agreement term of 19 years with no increase to the previously approved not-to-exceed amount of $1,300,000. The Harbor Department will continue to be financially responsible for payment of expenses incurred under the 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) approve the Fourth Amendment to Memorandum of Agreement No. 10-2900 with the United States Army Corps of Engineers, Los Angeles District extending the term by five years to December 31, 2029; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (4) adopt Resolution No.___________.
Environmental Management
Summary: Staff requests approval of the proposed First Amendment to the Orcem Americas, Inc. (Orcem) Reimbursement Agreement No. 21-9834 (Agreement) to reimburse the City of Los Angeles Harbor Department (Harbor Department) 100% of staff and consultant costs associated with review and oversight of the preparation of an environmental assessment for the low-carbon cement processing facility at Berths 191-194. If approved, the proposed First Amendment would extend the duration of the existing Agreement by an additional two years, for a total term of five years. No other modifications are proposed. Orcem will continue to be financially responsible for payment of costs associated with the preparation of the environmental assessment.
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 First Amendment to Reimbursement Agreement No. 21-9834 with Orcem Americas, Inc.; (3) direct the Board Secretary to transmit said First Amendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to, said First Amendment for and on behalf of the Board; and (5) adopt Resolution No.___________.
Environmental Management
Summary: Staff requests approval of the proposed Second Amendment to the San Pedro Public Market, LLC (SPPM) Reimbursement Agreement No. 19-3706 (Agreement) to reimburse the City of Los Angeles Harbor Department (Harbor Department) 100% of staff and consultant costs associated with the preparation of an environmental assessment for proposed modifications associated with the West Harbor (formerly known as San Pedro Public Market) Modification Project. The proposed Second Amendment would extend the duration of the existing Agreement by an additional two years, from five years to seven years, as proposed. No other modifications are proposed. SPPM will continue to be financially responsible for these expenditures.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Second Amendment to the San Pedro Public Market, LLC Reimbursement Agreement No. 19-3706; (3) direct the Board Secretary to transmit said Amendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to, said Amendment to the Agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Port Pilots
Summary: Staff requests the approval of an agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and The Marine Exchange of Southern California (MX SoCal). Under the proposed Agreement, MX SoCal will continue operating the New Queuing System for Labor (NQSFL). The proposed Agreement has a three-year term, with an effective date retroactive to July 1, 2024, to maintain continuity of services. The proposed annual compensation is $300,000, with annual increases based on the Harbor Department’s utilized Consumer Price Index (CPI) factor, with a total not-to-exceed amount of $927,270.
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 Agreement between the City of Los Angeles Harbor Department and the Marine Exchange of Southern California, retroactive to July 1, 2024; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Community Relations
Summary: Staff requests that the Board of Harbor Commissioners (Board) authorize the dues expenditure for the Harbor Department’s membership in the California Association of Port Authorities (CAPA). The dues amount is determined annually at the CAPA Budget Committee meeting in July for the coming year and is based on each of the eleven California state port’s percentage of total tonnage. The 2024-2025 annual dues for the Harbor Department exceeds the $150,000 expenditure authority held by the Executive Director; therefore, Board approval is required. Staff requests that the Board approve authorization of payment for the CAPA dues in the amount of $190,902.76 for the period of July 2024 - June 2025. The Harbor Department is financially responsible for payment of the CAPA membership dues.
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 authorization of expenditures in the amount of $190,902.76 for CAPA dues for the July 2024 – June 2025 period; and (3) adopt Resolution No.____________.
Regular Items (8 & 9)
Community Relations
Summary: Staff requests approval of the Harbor Community Benefit Foundation’s (HCBF) selection of AERAS, STAX, AND 4G Management, Inc. to receive funding from the Air Quality Mitigation Program, Round 3 and transfer $2,327,802.11, including a 10% administrative fee of $211,618.37, from the Air Quality Mitigation Fund (AQMF) to HCBF. The AQMF was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects which address port-related air emissions. The HCBF, an independent nonprofit organization established to operate the AQMF, is responsible for identifying qualifying projects to receive grant funding from the AQMF to be approved by the Board of Harbor Commissioners (Board). The HCBF Board of Directors has selected three grantees, AERAS, STAX, AND 4G Management, Inc. to receive funding from the Air Quality Mitigation Program, Round 3 grants and is requesting Board approval of the award recipients and transfer of funds from the AQMF, in accordance with the requirements of the China Shipping Memorandum of Agreement (MOA) approved by Board Resolution 21-9929. The proposed projects have a Tidelands nexus and will mitigate air emissions impacts on the local communities of Wilmington and San Pedro. Upon the transfer of funds from the AQMF to HCBF, HCBF will be financially responsible for the proposed projects and for the disbursement of funds to the grantees in accordance with the China Shipping MOA and the Grant Agreements. The Harbor Department funded the original AQMF, and no additional payments from the Harbor Department will be required to fund this request.
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 Harbor Community Benefit Foundation’s selection of three grantees to receive an award from the Air Quality Mitigation Program Round 3, funded by the Air Quality Mitigation Fund; (3) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $2,327,802.11 from the Air Quality Mitigation Fund, managed by the California Community Foundation (CFF), to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation’s request; and (4) adopt Resolution No.____________.
Engineering
Summary: Staff requests approval of a Grant Agreement (Agreement) with the United States Department of Transportation (USDOT) administered through the Maritime Administration (MARAD) for $20,000,000 under the MARAD Fiscal Year (FY) 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program. The funds associated with the proposed Agreement will be for the Maritime Support Facility Access/Terminal Island Rail System Grade Separation Project (Project). To receive the RAISE funds, the City of Los Angeles Harbor Department (Harbor Department) must enter into the proposed Grant Agreement with the USDOT. The Harbor Department is financially responsible for the net funding costs to complete the Project.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively and statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines and Section 21080.13 of the State CEQA Guidelines; (2) approve the Maritime Support Facility Access/Terminal Island Rail System Grade Separation Project Grant Agreement with USDOT; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; (4) authorize the Executive Director to execute future Grant Agreement amendments to account for revised project schedules, and/or revised project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; and (5) adopt Resolution No.____________.
L. 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 LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9) (2 CASES)
The People of the State of California, acting by and through the Los
Angeles City Attorney, and The City of Los Angeles v. Monsanto Company et al.
Los Angeles Superior Court Case No. 22STCV07958
City of Los Angeles v. Certain Underwriters at Lloyds, London et al.
Los Angeles Superior Court Case No. BC588876
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Trapac, LLC, Permit 881:
Property: 630 West Harry Bridges Blvd., Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Ron Triemstra
Negotiating Parties: City and Trapac, LLC
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Yusen Terminals LLC:
Property: 701 New Dock Street, Terminal Island
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals LLC
Under Negotiation: Price and Terms
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to First Amendment to MOU on Parcels B & C with LADWP:
Property: Wilmington development (involves dozens of different parcels in Wilmington)
City Negotiators: Michael Galvin
Tenant Negotiator: Adriana Rubalava (LADWP RE Director)
Negotiating Parties: LADWP and POLA
Under Negotiation: MOU Amendment
11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Assignment and Assumption of Grant Agreement with LA County and Housing Authority of City of Los Angeles (HACLA):
Property: Harbor Blvd. in San Pedro from 5th to Swinford
City Negotiators: Michael Galvin
Tenant Negotiator: Jenny Scanlin (HACLA Director)
Negotiating Parties: HACLA, LA County and POLA
Under Negotiation: Grant agreement from LA County
M. Adjournment