Los Angeles — 2023-04-13

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nCity of Los Angeles v. L.A. Terminals, Inc., et al.\nLos Angeles Superior Court Case No. NC061591

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nLos Angeles Superior Court Case No. BS070017

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nSan Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 999 with China\nShipping Holding Company, Ltd.:\nProperty: Berths 100-103, San Pedro\nCity Negotiator: Michael DiBernardo\nTenant Negotiator: Paul Nazzaro\nNegotiating Parties: City and China Shipping Holding Company, Ltd.\nUnder Negotiation: Price and Terms

6. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\n(Subdivision (d)(2) of Government Code Section 54956.9)\nSignificant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9:\n(one case)

7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 529 with\nIntermodal Container Transfer Facility Joint Powers Authority:\nProperty: 2401 East Sepulveda Blvd., Long Beach\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Gregory Bingham\nNegotiating Parties: City and Intermodal Container Transfer Facility Joint Powers\nAuthority\nUnder Negotiation: Price and Terms

8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed permit with\nCalifornia Sulphur Company:\nProperty: 2250 East Pacific Coast Highway, Wilmington\nCity Negotiator: Marisa Katnich\nTenant Negotiators: Jack Babbitt/Jack Weaverling\nNegotiating Parties: City and California Sulphur Company\nUnder Negotiation: Price and Terms

1. RESOLUTION NO. ____________ - REVISE THE CONTRACTING AUTHORITY OF\nTHE EXECUTIVE DIRECTOR TO BE CONSISTENT WITH LOS ANGELES\nADMINISTRATIVE CODE SECTION 10.1.1\nSummary: Staff requests approval of a Resolution revising the contracting authority of the\nExecutive Director of the Los Angeles Harbor Department (Harbor Department) to be consistent\nwith Los Angeles Administrative Code Section 10.1.1. Currently, the Executive Director\npossesses the limited authority to enter into personal service contracts for up to one year,\nprocurement contracts for up to three years, and construction contract change orders, provided\nthat the value of any such contracts do not exceed $150,000 annually or per change order. This\nauthority delegated to the Executive Director under the existing Board Resolution is inconsistent\nwith Los Angeles Administrative Code Section 10.1.1. The proposed Resolution would grant the\nExecutive Director, or his or her designee, the authority to enter into personal service contracts\nup to one year and all contracts that are not personal service contracts up to three years,\nprovided that the value of any such contracts does not exceed $150,000 annually (Transmittal\n1). Rather than limiting the Executive Director’s authority to personal service contracts for up to\none year, procurement contracts for up to three years, and construction contract change orders,\nthe proposed Resolution would grant the Executive Director, or his or her designee, the ability\nto approve and execute contracts on behalf of the Harbor Department to the full extent provided\nunder and consistent with Los Angeles Administrative Code Section 10.1.1.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) rescind Resolution No. 13-7574 delegating only partial authority to the\nExecutive Director, or his or her designee, to approve and execute certain contracts as provided\nunder Los Angeles Administrative Code Section 10.1.1; (3) authorize the Executive Director, or\nhis or her designee, to approve and execute on behalf of the Harbor Department personal\nservice contracts which do not obligate the City for a longer period of time than one year and\nwhich do not involve consideration reasonably valued in excess of One Hundred-Fifty Thousand\nDollars ($150,000) annually; (4) authorize the Executive Director, or his or her designee, to\napprove and execute on behalf of the Harbor Department contracts that are not for personal\nservices which do not obligate the City for a longer period of time than three years and which do\nnot involve consideration reasonably valued in excess of One Hundred-Fifty Thousand Dollars\n($150,000) annually; and (5) adopt Resolution No.____________ and Resolution\nNo.____________.\nRegular Items (2 – 6)\nExecutive Office

2. RESOLUTION NO. ____________ - APPROVAL OF AMENDED PUBLIC ACCESS\nINVESTMENT PLAN\nSummary: Staff requests approval of the Amended Public Access Investment Plan (Amended\nPlan), which updates the 2015 Board of Harbor Commissioners (Board) approved Public Access\nInvestment Plan (Plan or PAIP), which are ten-year budgetary guidelines for continued\ndevelopment and operations of the LA Waterfront at the Port of Los Angeles (Port) and Port-\nrelated public benefit programs. The Amended Plan updates the original Plan, which is set to\nexpire at the end of Fiscal Year 2024/2025. The Amended Plan continues the budgetary\nguideline to allocate a minimum of ten percent (10%) of the City of Los Angeles Harbor\nDepartment’s (Harbor Department) annual Operating Income to build LA Waterfront public\naccess projects, with the added clarification that purpose-directed funds collected from third\nparties are excluded from Operating Revenue. Additionally, the Amended Plan aligns the public\naccess project reporting and selection process with the Harbor Department’s five-year Capital\nImprovement Program and annual budget process to continue the Harbor Department’s\ncommitment to investing in the LA Waterfront in a transparent, sustainable and predictable\nmanner. Further, Los Angeles City Council District 15 will engage in a public process on future\nproject selection and will work with the Harbor Department to implement a multi-year project and\nexpenditure plan. The Amended Plan was developed in coordination with Los Angeles City\nCouncil District 15. Consistent with the Los Angeles City Charter, the Amended Plan will not limit\nfuture Board discretion or authority to revise the Amended Plan or budget allocations for public\naccess projects and annual spending, which remain subject to Board approval through the\nannual budget process.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed project is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the Amended Public Access Investment Plan; and (3) adopt\nResolution No.____________.\nEnvironmental Management

3. RESOLUTION NO. ____________ - APPROVAL OF A MEMORANDUM OF\nUNDERSTANDING AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT,\nTHE PORT OF LONG BEACH, AND THE MARITIME AND PORT AUTHORITY OF\nSINGAPORE TO DEVELOP AND IMPLEMENT A GREEN AND DIGITAL SHIPPING\nCORRIDOR PROGRAM\nSummary: Staff requests approval of a proposed Memorandum of Understanding (MOU) among\nthe City of Los Angeles Harbor Department (Harbor Department), the City of Long Beach acting\nby and through its Board of Harbor Commissioners (Port of Long Beach), and the Maritime and\nPort Authority of Singapore (MPA) to collaborate on the development and implementation of a\nGreen and Digital Shipping Corridor (GDSC) between the respective port complexes. C40 Cities\n(C40), a global network of cities united to reduce climate risk, will support development of the\nGDSC as facilitator. The proposed MOU, which would be effective for three years, will advance\nthe participants’ mutual goals for decarbonization by advancing environmental performance in\nthe maritime shipping industry and improving supply chain efficiencies through information\ndigitalization. The proposed MOU is for the collaboration of ideas between the participating ports;\ntherefore, funding by the Harbor Department is not required. The MOU will be formally executed\nat a Singapore Maritime Week event hosted by MPA in April.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is generally exempt from the requirements of the California\nEnvironmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines; (2)\napprove the Memorandum of Understanding among the City of Los Angeles Harbor Department,\nthe City of Long Beach, and the Maritime and Port Authority of Singapore; (3) authorize the\nExecutive Director to execute and Board Secretary to attest to said Memorandum of\nUnderstanding for and on behalf of the Board of Harbor Commissioners; and (4) adopt\nResolution No.____________.\nEnvironmental Management

4. RESOLUTION NO. _____________ - SECOND AMENDMENT TO AGREEMENT NO.\n19-3639 WITH THE CALIFORNIA AIR RESOURCES BOARD FOR THE ZERO\nEMISSION SHORE TO STORE DEMONSTRATION PROJECT\nSummary: Staff requests approval of the Second Amendment to the California Air Resources\nBoard (CARB) Grant Agreement No. 19-3639 to fund the zero emissions “Shore to Store”\nDemonstration Project (Project). The Second Amendment revises milestone deadlines and\nreallocates funding between budget items among subrecipient partners to account for actual\nspending over the life of the Project without increasing the total grant amount from CARB. All\nother terms and conditions remain the same. The City of Los Angeles Harbor Department\n(Harbor Department) will not commit any additional funding under this proposed Second\nAmendment.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the Second Amendment to Agreement No. 19-3639 between the\nCity of Los Angeles Harbor Department and the California Air Resources Board to revise\nmilestone deadlines, and reallocate budget line items for the Shore to Store Demonstration\nProject; (3) authorize the Executive Director to execute and the Board Secretary to attest to said\nSecond Amendment for and on behalf of the Board; and (4) adopt Resolution No.___________.\nEnvironmental Management

5. RESOLUTION NO. _______________ - FIRST AMENDMENT TO AGREEMENT NO.\n19-3684 WITH THE PORT OF HUENEME FOR THE ZERO EMISSION SHORE TO\nSTORE DEMONSTRATION PROJECT\nSummary: Staff requests approval of the First Amendment to the Subrecipient Agreement No.\n19-3684 with the Port of Hueneme (POH) to pass through grant funds from the California Air\nResources Board (CARB) as part of the “Shore to Store” Demonstration Project (Project). The\nProject is primarily funded under Grant Agreement No. 19-3639 with CARB, wherein the City of\nLos Angeles Harbor Department (Harbor Department) partnered with Kenworth Motor Company\n(Kenworth), POH, and Equillon Enterprises LLC (d/b/a Shell Oil Products US) (Shell) to\ndemonstrate 10 hydrogen fuel cell electric drayage trucks, two heavy duty hydrogen fueling\nstations, two battery electric yard tractors, and associated electrical infrastructure to support\nzero-emission operations at POH. The First Amendment allocates to POH unspent funding from\nother tasks under the CARB Grant agreement, to account for POH’s actual spending over the\nlife of the Project and extends the Project term to align with the CARB Grant agreement. The\nHarbor Department will not commit any additional funding under this proposed First Amendment.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve and ratify the First Amendment to Agreement No. 19-3684\nbetween the City of Los Angeles Harbor Department and the Port of Hueneme to reallocate\nfunding and extend the Project term to May 15, 2023, for the Shore to Store Demonstration\nProject; (3) authorize the Executive Director to execute and the Board Secretary to attest to said\nFirst Amendment for and on behalf of the Board; and (4) adopt Resolution No.____________.\nFinancial Planning & Analysis

6. RESOLUTION NO. ____________ - REQUEST FOR FY 2022/23 BUDGETARY\nTRANSFER\nSummary: Staff requests approval of budgetary transfers in the amount of $3,486,269 to cover\nanticipated budgetary shortfalls within the Outside Services category for Information System\nConsulting Services, Waterfront and Commercial Real Estate programs and initiatives, and\nHiring Hall; and the Materials and Supplies category for Parts and Materials, and Equipment\nFuels. Within the Adopted Operating Expense Budget, $3,486,269 of surplus funds are expected\nto be available in the Salaries and Benefits, Other Operating Expenses, and City Services\ncategories to offset the anticipated shortfalls. This proposed transfer of funds will result in no\nchange to the overall Fiscal Year (FY) 2022/23 Adopted Operating Expense Budget of\n$334,039,691 as funds are being transferred between budget categories within the Operating\nExpense Budget. Payment of Outside Services, Parts and Materials, and Equipment Fuels\nexpenses are the financial responsibility of the City of Los Angeles Harbor Department (Harbor\nDepartment).\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the following budgetary transfers to resolve a projected shortfall\nin the respective operating expense accounts: a. Transfer $1,500,000 from the Adopted\nOperating Expense Budget, Account 51610, Center 0901, Program 000 as follows: i. $1,500,000\nto Account 54310, Center 0640, Program 000; b. Transfer $986,269 from the Adopted Operating\nExpense Budget, Account 57070, Center 0900, Program 000 as follows: i.$530,000 to Account\n55010, Center 0510, Program 000; ii. $350,000 to Account 55040, Center 0510, Program 000;\niii. $106,269 to Account 54270, Center 0510, Program 000; c. Transfer $1,000,000 from the\nAdopted Operating Expense Budget, Account 59961, Center 0422, Program 000 as follows: i.\n$290,106 to Account 54270, Center 0510, Program 000; ii. $309,894 to Account 54276, Center\n0510, Program 000; iii. $400,000 to Account 54290, Center 0429, Program 000; (3) direct the\nBoard Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b)\nof the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer\npursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt\nResolution No.____________.

B. Executive Director Remarks

C. Comment from the Public on Non-Agenda Items

D. Report from the Neighborhood Council Representatives – An opportunity for\nNeighborhood Council representatives to provide remarks on Neighborhood Council\nResolutions or Community Impact Statements filed with the City Clerk which relate to any\nagenda item listed or being considered on this agenda for the Board of Harbor\nCommissioners.

E. Reports of the Commissioners

F. Board Committee Reports\n• Audit Committee Meeting of March 30, 2023

H. Presentation\n1. Port Optimizer – Eugene D. Seroka, Executive Director\n2. Port of Los Angeles Fiscal Year 2023/24 Proposed Annual Budget – Marla Bleavins,\nDeputy Executive Director

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Item No. 1\nExecutive Office

K. Closed Session