Los Angeles — 2024-02-29

1. 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

2. 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

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 999\nwith China Shipping 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

4. 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(two cases)

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 910 with

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Revocable\nPermit 10-05 with Rancho LPG Holdings, LLC:\nProperty: Rail spur located on east side of North Gaffey Street\nat Westmont Drive, San Pedro\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Glen Mears\nNegotiating Parties: City and Rancho LPG Holdings, LLC\nUnder Negotiation: Price and Terms

1. RESOLUTION NO. ____________ - INCREASE CONTRACT AUTHORITY AMOUNT\nFOR ANNUAL PURCHASE ORDER NO. 39971-24 WITH HERC RENTALS, INC.\nSummary: Staff requests approval of Change No. 1 to Purchase Order No. 39971-24 with Herc\nRentals, Inc. The proposed change will increase the current contract, which is in its first renewal\noption, from $149,000 to $298,000. Should the second renewal option be exercised, the\nbudgeted contract amount will be increased to an amount not to exceed $298,000. This annual\ncontract provides rentals for construction equipment and heavy trucks as required from time to\ntime for both maintenance and construction projects throughout the Port of Los Angeles. The\nrequested increase is necessary to complete current and planned capital and maintenance\nprojects. The Harbor Department will continue to be financially responsible for the payment of\nexpenses incurred under the Purchase Order.\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 Purchase Order Change No. 1 to Purchase Order No. 39971-24\nwith Herc Rentals, Inc. to increase the annual expenditure authority from $149,000 to $298,000\nfor the current contract period and approve an amount not to exceed $298,000 for the second\nrenewal option; (3) authorize the Executive Director to execute and the Board Secretary to attest\nto said purchase order change; and (4) adopt Resolution No. ___________.\nConstruction & Maintenance

2. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 40022 TO BEACON\nSALES ACQUISITION, INC. DBA BEACON BUILDING PRODUCTS FOR PURCHASE\nOF ROOFING MATERIALS\nSummary: Staff requests approval of Contract No. 40022 with Beacon Sales Acquisition, Inc.\ndba Beacon Building Products, headquartered in Herndon, Virginia, with a local office presence\nin Pico Rivera, California, for the purchase of roofing materials for the World Cruise Center\npassenger terminal parking deck at Berth 93. The amount of this contract shall not exceed\n$400,000. The City of Los Angeles Harbor Department will be financially responsible for the\npayment of expenditures incurred under the proposed Contract.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f)\nand Article III Class 1(1) and 1(4) of the Los Angeles City CEQA Guidelines; (2) approve Contract\nNo. 40022 with Beacon for the purchase of roofing materials in the amount of $400,000; (3)\nauthorize the Executive Director to execute and the Board Secretary to attest to Contract No.\n40022 for and on behalf of the Board; and (4) adopt Resolution No. ___________.\nCargo Marketing

3. RESOLUTION NO. ____________ - APPROVE THIRD TEMPORARY ORDER TO\nAMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION SEVEN “FREE TIME,\nWHARF DEMURRAGE, AND WHARF STORAGE”\nSummary: Staff requests approval of a third Temporary Order to amend Port of Los Angeles\n(Port) Tariff No. 4 (Tariff), Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part\nof the allowable free time on inbound containerized merchandise, provided the marine terminal\n(terminal) operator’s truck gates are announced or published as being open for container\ndelivery on those days. Additionally, to deter Port terminal property from being used as a cargo\nstorage facility, Item 780 would be modified to add a third demurrage tier for merchandise\nremaining on terminal for more than 10 days after the expiration of free time. This third\nTemporary Order is being proposed within the Board of Harbor Commissioners’ (Board)\nauthority to adopt rates for up to 90 days. At the September 7, 2023 Board meeting, the Board\napproved Temporary and Permanent Orders amending the sections mentioned above with an\neffective date of October 1, 2023. Changes in the Tariff beyond a Temporary Order’s 90-day\neffective period require the City Council to approve a Permanent Order by Ordinance. The City\nCouncil has not calendared and approved the Permanent Order and Ordinance. The first\nTemporary Order expired on December 30, 2023; the second Temporary Order will expire on\nMarch 28, 2024; therefore, a third Temporary Order is being proposed to allow additional time\nfor the Permanent Order to pass through the City Council approval process. This third Temporary\nOrder, if approved, will become effective on March 29, 2024 and will expire in 90 days after the\nday it is published or upon execution of the Permanent Order by the City Council, whichever\noccurs first.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is categorically exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles\nCity CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, modifying\nrates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780, subject to the California Association of Port Authorities’ review and approval,\nand authorize the Executive Director to work with the California Association of Port Authorities\nto secure this approval or proceed to take independent action in accordance with the California\nAssociation of Port Authorities’ procedure; (3) adopt a third Temporary Order No.\nwith an effective date of March 29, 2024, to amend Port of Los Angeles Tariff No. 4, to modify\nrates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780; (4) authorize the Board Secretary to certify the adoption of a third Temporary\nOrder by the Board of Harbor Commissioners and cause the same to be published once in a\nnewspaper printed and published in the City of Los Angeles, to take effect on March 29, 2024,\nfor a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt\nResolution No. ___________.\nRegular Items (4 & 5)\nEnvironmental Management

4. RESOLUTION NO. ____________ - APPROVAL OF AN AGREEMENT WITH YUSEN\nTERMINALS LLC. TO IMPLEMENT A ZERO EMISSION YARD TRACTOR\nDEMONSTRATION PROJECT\nSummary: Staff requests approval of an agreement with Yusen Terminals, LLC. (YTI) to\nimplement a zero-emission yard tractor demonstration project (Project). The Project requires YTI\nto demonstrate two zero-emission yard tractors, that are human-operated, at the terminal\nproperty for three years in order to satisfy an environmental requirement identified as “Lease\nMeasure AQ-4: Zero or Near-Zero Emissions Demonstration Project” contained in Permit No.\n692. The Agreement sets out the respective costs and responsibilities between the City of Los\nAngeles Harbor Department (Harbor Department) and YTI. YTI is required to lease the\ndemonstration equipment from its selected vendor and conduct the demonstration with periodic\nreports to the Harbor Department. The Harbor Department is required to install electrical\ncharging infrastructure, reimburse YTI for the equipment lease payments and other related\ncosts, and provide administrative oversight for the Project. The Harbor Department will be\nfinancially responsible for certain costs of the Project specified in the Agreement, including\nequipment lease costs, infrastructure equipment installation, and maintenance costs for a total\nestimated cost of $1,500,000.\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(i), of the Los Angeles City\nCEQA Guidelines; (2) approve the Agreement between the City of Los Angeles Harbor\nDepartment and Yusen Terminals, LLC.; (3) direct the Board Secretary to transmit the\nAgreement to the City Council for approval pursuant to Charter Section 373 and Los Angeles\nAdministrative Code Section 10.5; (4) authorize the Executive Director to execute and the Board\nSecretary to attest to said Agreement upon approval by City Council; and (5) adopt Resolution\nNo. ___________.\nEngineering

5. RESOLUTION NO. ____________ - APPROVAL OF TRADE CORRIDOR\nENHANCEMENT PROGRAM (TCEP) BASELINE AGREEMENT FOR THE MARITIME\nSUPPORT FACILITY ACCESS/TERMINAL ISLAND RAIL SYSTEM GRADE\nSEPARATION BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND\nTHE CALIFORNIA TRANSPORTATION COMMISSION\nSummary: Staff requests approval of a funding agreement, referred to herein as the Baseline\nAgreement with the California Transportation Commission (CTC) and the California Department\nof Transportation (Caltrans) for $14,936,000 of Trade Corridor Enhancement Program (TCEP)\nfunds for the Maritime Support Facility Access/Terminal Island Rail System Grade Separation\nProject (Project). To receive the TCEP funds, the City of Los Angeles Harbor Department\n(Harbor Department) must enter into the proposed Agreement with the CTC and Caltrans. Upon\napproval by the Board, the Harbor Department will transmit this Agreement to the CTC for final\napproval, which is expected to occur at its May 2024 meeting. The Harbor Department is\nfinancially responsible for funding costs to complete the Project, net of any grants received.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and statutorily exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of\nthe Los Angeles City CEQA Guidelines and Section 21080.13 of the State CEQA Guidelines;\n(2) approve the Maritime Support Facility Access/Terminal Island Rail System Grade Separation\nProject Baseline Agreement; (3) authorize the Executive Director to execute and the Board\nSecretary to attest to said agreement, for and on behalf of the Board; (4) authorize the Executive\nDirector to execute future Baseline Agreement Amendments to account for revised project\nschedules, and/or revised project costs, for and on behalf of the Board, subject to the approval\nof the City Attorney as to form and legality; and (5) adopt Resolution No. ___________.

F. Reports of the Commissioners

G. Board Committee Reports\nNone

H. Presentation\n• Green Shipping Corridor – Overview and Update\n• Community Investment Grants FY 2023 – 2024

I. Level I Coastal Development Permit\nThe Executive Director has issued one (1) Level I CDP:\nCDP No. 24-02: Port of Los Angeles – Gate and Fence Installation at Catalina\nExpress

J. Board Reports of the Executive Director\nConsent Items (1 – 3)\nConstruction & Maintenance

K. Closed Session

U.S. Borax, Inc.:\nProperty: 300 Falcon Street, Wilmington\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Jacob Adessky\nNegotiating Parties: City and U.S. Borax, Inc.\nUnder Negotiation: Price and Terms