April 25, 2023
SPECIAL MEETING NOTICE - TIME CHANGE ONLY
SUBJECT: LOS ANGELES BOARD OF HARBOR COMMISSIONERS
SPECIAL MEETING – THURSDAY, APRIL 27, 2023
The Los Angeles Board of Harbor Commissioners are scheduled for a Special Meeting on Thursday, April 27, 2023 at 8:30am.
This meeting is in lieu of their previously scheduled Regular Meeting at 9:00am on the same date and location.
Port of Los Angeles Administration Building
Board Hearing Room, Second Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
Please refer to the posted agenda at www.portoflosangeles.org for further details.
AMKlesges
AMBER M. KLESGES
Board Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, APRIL 27, 2023 AT 8:30 AM
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 MEETINGS - The Board’s Regular Meetings are held at 9:00 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. 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
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
- Regular Meeting of April 13, 2023
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 14)
Environmental Management
Summary: Staff requests approval of the proposed Second Amendment to Grant Agreement No. 19-3666 between the City of Los Angeles Harbor Department and the California Energy Commission for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project. This proposed Second Amendment will modify the Agreement’s Schedule of Products and Due Dates, modify the Special Terms and Conditions, and extend the term of the Agreement by fifteen months until June 30, 2025. The extension to the term of the Agreement addresses extended delays in the project timeline due to COVID-19 impacts on suppliers. The total cost of the Project is estimated to be $11,349,155, of which the Harbor Department has committed matching funds of $392,500.
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 Agreement No. 19-3666 between the City of Los Angeles Harbor Department and the California Energy Commission for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Second Amendment to Grant Agreement No. 19-3666 with the California Energy Commission for and on behalf of the Board; and (4) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the First Amendment to Subrecipient Agreement No. 20-3723 (Agreement) for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project (Project) with West Basin Container Terminal (WBCT) and Wireless Advanced Vehicle Electrification (WAVE), LLC. This Project is funded under a Grant Agreement with the California Energy Commission (CEC), Agreement No. 19-3666. An amendment to Agreement No. 19-3666 is being considered under a separate Board Action. This First Amendment to Subrecipient Agreement No. 20-3723 will extend the term of the Agreement until June 30, 2025, incorporate scope of work changes made to Grant Agreement No. 19-3666 and change the name of Subrecipient Wireless Advanced Vehicle Electrification, Inc. to Wireless Advanced Vehicle Electrification, LLC. The extension to the Agreement term addresses extended delays in the project timeline due to COVID-19 impacts on suppliers. Additionally, the First Amendment addresses an assignment of the Agreement from WAVE Inc. to WAVE, LLC. due to changes in the entity’s business status. All other terms and conditions of the Agreement remain the same.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed project 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 Agreement No. 20-3723 among the City of Los Angeles Harbor Department, West Basin Container Terminal, and Wireless Advanced Vehicle Electrification, LLC. for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project; (3) direct the Board Secretary to transmit the First Amendment to the City Council for approval pursuant to City Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Grant Agreement No. 20-3723 with the California Energy Commission for and on behalf of the Board and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the proposed First Amendment to the Phillips 66 Company (Phillips 66) Reimbursement Agreement No. 20-3762 (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. The assessment relates to the installation of a new berthing system and structural wharf repairs at the Port of Los Angeles Berths 148-149 and construction of a new Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) compliant wharf at Berths 150-151 (Project) as required by the California State Lands Commission (CSLC). The proposed First Amendment would extend the duration of the existing Agreement by an additional two years, from three years to five years as proposed. No other modifications are proposed. Phillips 66 will ultimately be financially responsible for payment of expenditures 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 California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to the Phillips 66 Company Reimbursement Agreement No. 20-3762; (3) direct the Board Secretary to transmit said 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(a) of the Los Angeles Administrative Code; (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.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed successor Permit No. 960 (P960) with Cabrillo Beach Yacht Club (CBYC) over a 30-year term for use of City of Los Angeles Harbor Department (Harbor Department) property located at 211 W. 22nd Street, San Pedro. CBYC currently occupies 403,909 square feet of land and water space at 211 W. 22nd Street, San Pedro, for operation of a yacht club, recreational marina, and a youth sailing program. CBYC is proposing to utilize the premises for operation, maintenance, and construction of structures and facilities for berthing and dry storage of pleasure craft, anchorage office and restrooms, vessel sewage pump out, yacht club center, sale of marine hardware, supplies and equipment, sundry items, refreshment and soft drinks, vessel brokerage, and for incidental purposes. Under the proposed P960, minimum annual rent will be $278,903.28, or $23,241.94 per month, and increased annually by the greater of zero percent or the annual change in the Consumer Price Index (CPI). This rent level represents an increase of $15,977.04 per year, or 6.1 percent, relative to the minimum annual rent of $262,926.24 currently received under Concession Agreement 517 (CA 517). CBYC will continue to be subject to percentage rent ranging from 5 – 25 percent of gross income, and rent will continue to be subject to five-year compensation resets. Under the proposed P960, CBYC will also take possession of 18,672 square feet of Harbor Department property adjacent to CBYC’s existing premises under CA 517. The incorporation of this parcel into CBYC’s premises will relieve the Harbor Department of ongoing maintenance expenses associated with maintaining the hillside, gazebo and stairway included therein.
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) approve Permit No. 960 with Cabrillo Beach Yacht Club; (3) direct the Board Secretary to transmit Permit No. 960 to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 960 upon approval by the City Council; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Consent to Merger of Permit No. 931 (Permit) between Praxair, Inc., now known as Linde Inc., and the City of Los Angeles Harbor Department (Harbor Department). In February 2018, at the time of presenting the successor Praxair Permit for approval, staff informed the Board of the pending merger between Praxair and Linde awaiting approval by regulatory agencies. The merger has been completed as further described below; Praxair, now known as Linde Inc. (Linde) has affirmed and given assurances that it is and shall continue to be bound by and assume and perform all the obligations, terms conditions and covenants of Tenant under Permit No. 931 from the effective date of the Permit. Staff has reviewed financial information pertaining to Linde (formerly known as Praxair) and has observed, among other things, that key liquidity, leverage, and profitability metrics have all improved, and it appears that Linde continues to possess a sufficient amount of financial wherewithal to fulfill its obligations under Permit No. 931.
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 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the Consent to Merger - Permit No. 931; (3) approve the Order accompanying the Consent to Merger - Permit No. 931; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Consent to Merger – Permit No. 931; (5) authorize the Board Secretary to attest to the Order; and (6) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Order consenting to the transfer of a majority of the shares (control) of FRS Capital Corp. (FRS) from the current shareholder to Blackstone Infrastructure Partners, L.P. (Blackstone). Blackstone owns FRS through various affiliated companies and FRS indirectly owns 100 percent of the outstanding equity interest of City of Los Angeles Harbor Department (Harbor Department) tenant, SSA Pacific, Inc. (SSA) and the leasehold interest in Permit No. 907. This transfer of the majority shares and controlling interest of FRS and ultimately SSA to Blackstone results in Blackstone owning 75.5 percent of the outstanding shares in FRS. This transfer does not affect any other leasehold under the control of the Harbor Department. This request to consent was not presented earlier due to various delays in receiving pertinent information related to the transaction and limited staffing resources that was caused by the Covid-19 Pandemic. In a separate action, staff will request approval to extend Permit No. 907 with SSA for five years, with mutual options for another five years.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are 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 consenting to the transfer of majority shares of FRS Capital Corp. from the current shareholder to Blackstone Infrastructure Partners, L.P.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Order consenting to the transfer of majority shares (control) of FRS Capital Corp. from the current shareholder to Blackstone Infrastructure Partners, L.P.; and (4) adopt Resolution No.____________ and Order No.__________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Third Amendment to Permit No. 907 (P907) between the City of Los Angeles Harbor Department (Harbor Department) and SSA Pacific, Inc. (SSA), a Washington Corporation, for the extension of P907 by five years with one mutual option to extend the permit by an additional five years. The Harbor Department granted SSA P907 on November 19, 2014, for use of approximately 14.72 acres of property located at Berths 53-55 and adjacent wharf and backland (Fruit Terminal) for the docking of vessels for the assembling, distributing, loading, and unloading of palletized fresh fruit cargo. The First Amendment to P907 reduced SSA’s premises by 0.76 acres; the Second Amendment extended the permit to October 31, 2022; and the proposed Third Amendment will again extend the permit to October 31, 2027. Compensation will be adjusted by the change in the Consumer Price Index (CPI) beginning October 31, 2023, and annually thereafter with compensation resets occurring every five years.
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 expected rate of return of 4.9 percent is reasonable given the seasonal use of Berths 53-55 and adjacent wharf and backland due to the unique nature of the break-bulk fruit operations, the density of high-paying seasonable jobs in the local area, the need for such a facility at the Port of Los Angeles to support the U.S. West Coast market, the existing condition of the premises including the restrictive load limits on the wharf, and the ability to use the premises during the remainder of the year for other Port of Los Angeles requirements; (3) approve the Third Amendment to Permit No. 907 with SSA Pacific, Inc; (4) direct the Board Secretary to transmit the proposed Permit with SSA Pacific, Inc. to the City Council for approval pursuant to Section 606 of the City Charter; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment of Permit No. 907; and (6) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department), on behalf of the Los Angeles Port Police (LAPP), and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Terminal Island (FCI Terminal Island), to formalize joint agency practices and agency responsibilities with regard to law enforcement response during a natural disaster and/or law enforcement emergency. This proposed MOA is for a three-year term and will establish the various duties and responsibilities of each agency, in fulfilling their respective public safety, law enforcement, emergency management, and joint operations. The approval of this proposed MOA will have no financial impact on the Harbor Department, as there are no costs and or revenues associated with this action.
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 Memorandum of Agreement between the City of Los Angeles Harbor Department and the United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Terminal Island to formalize the understanding between the Los Angeles Port Police and the Federal Correctional Institution, Terminal Island formalizing joint agency practices and agency responsibilities with regard to law enforcement response operations in the Harbor District for a term of three-years; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memorandum of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Police
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) award and approve Contract No. 39996 to Zones, LLC for the purchase of Dell Latitude tablets and components for Port Police vehicles, vessels and motorcycles in the amount of $385,011.61 plus applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39996 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Port Pilots
Summary: Staff requests approval of the First Amendment to the Eligible Purchaser Order authorized under Resolution No. 22-9988 (Eligible Purchaser Order) between the City of Los Angeles Harbor Department (Harbor Department) and Motorola Solutions, Inc. (Motorola). The scope of Resolution No. 22-9988 is for the purchase and installation of an updated all-band radio communications system for Port Pilots. The term of the agreement is three years commencing on May 9, 2022 and expiring on May 8, 2025. The current not-to-exceed amount is $1,368,570. The proposed amendment will increase the not-to-exceed amount of the agreement by $130,001 to $1,498,571. This increase will allow for change orders unforeseen before the execution of the original agreement. The proposed amendment will also amend the scope of work to include the first change order in the agreement. The Harbor Department will be financially responsible for expenses incurred under the proposed amendment.
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 1(1), Class 1(6), Class 2(2), and Class 3(4) 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 First Amendment to Eligible Purchaser Order authorized under Resolution No. 22-9988 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.____________.
Cargo Marketing
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 18-3563 between the City of Los Angeles Harbor Department (Harbor Department) and FedEx Trade Transportation and Brokerage, Inc. (FedEx) to continue operating its facility within FTZ 202, Site 52, located at 17120 South Main Street, Gardena, CA 90248. The Harbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. FTZ Operating Agreement No. 18-3563 is currently scheduled to expire on April 30, 2023. The First Amendment will extend the term of the Operating Agreement by five years. FedEx requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department must execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 52 consists of a 7.35-acre site that includes a warehouse and office space located 10 miles from the Port of Los Angeles. FedEx will operate its facility under FTZ procedures as a multi-usage site. If the proposed amendment is approved, the Harbor Department will receive $7,750 annually from FedEx.
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. 18-3563 between the City of Los Angeles Harbor Department and FedEx Trade Transportation and Brokerage, Inc.; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 18-3563 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. 18-3563; and (5) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of an updated California Association of Port Authorities (CAPA) Federal Maritime Commission (FMC) Agreement No. 224-007345 (Agreement) between the City of Los Angeles Harbor Department, operating as the Port of Los Angeles (Port), and 10 other CAPA Member Ports. This Agreement enables the parties to meet, discuss, and exchange ideas to foster economic growth and provide greater economic benefits to Member Ports and the public. On December 2, 2021, the Board of Harbor Commissioners (Board) approved a prior version of the Agreement. Since that time, an update to implement additional changes necessary to further modernize the parameters of the Agreement was needed, requiring staff to seek Board approval. The FMC filing fee associated with this Agreement is the financial responsibility of CAPA and would be borne as an administrative expense.
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 updated California Association of Port Authorities Federal Maritime Commission Agreement No. 224-007345 between the City of Los Angeles and other CAPA Member Ports, as listed on the Agreement; (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 approve the proposed California Association of Port Authorities Bylaws on behalf of the Board; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Permit No. 953 (Permit 953) between Everglades Company Terminal, Inc. (Everglades) and the City of Los Angeles Harbor Department (Harbor Department), which would extend the term by two years, for a total aggregate term of five years. Under the proposed First Amendment, the expiration date would change from October 10, 2024, to October 10, 2026. All other terms, conditions, and obligations would remain unchanged.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and 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) approve the First Amendment to Permit No. 953 with Everglades Company Terminal, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment; and (4) adopt Resolution No.____________.
Regular Items (15 – 17)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Sixth Amendment to Amended and Restated Lease 904A with AltaSea at the Port of Los Angeles. The premises, located at City Dock No. 1 and consisting of 32.13 acres, is for water-dependent, academic, and governmental uses, and houses a non-profit and for-profit marine research facility. The proposed Sixth Amendment includes: revisions to the City of Los Angeles Harbor Department’s monetary contribution towards improvements at Warehouses 58-60, deletion of the Parcel 56 Engagement Center Project, and addition of an adjacent parcel at Berth 56 that was recently vacated by the California Department of Fish and Wildlife. Approval of the proposed Amendment is not expected to change the total amount of the Harbor Department’s $36,660,000 monetary commitment under Lease No. 904A.
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 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the Sixth Amendment to Amended and Restated Lease No. 904A with AltaSea at the Port of Los Angeles; (3) direct the Board Secretary to transmit the Sixth Amendment to Amended and Restated Lease No. 904A to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Sixth Amendment to Amended and Restated Lease No. 904A upon approval by City Council; and (5) adopt Resolution No.____________.
Labor Relations & Government Affairs
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the California Workforce Development Board (CWDB) for acceptance of $110 million in state funds for development and construction of the Port of Los Angeles and Port of Long Beach Goods Movement Training Campus (Campus). The Campus will be a twenty-acre facility located on Harbor Department property on Anchorage Road in Wilmington. The Harbor Department estimates the construction cost of the Campus to be $150 million. The State of California, through a budget line item in the Fiscal Year (FY) 2022-23 state budget, approved an allocation of $110 million of state funds, or approximately 73.3% of the estimated construction cost, for the construction of the Campus. For the Harbor Department to receive the funds, it is required to enter into an agreement with the CWDB to accept the funds. The Harbor Department will be financially responsible for the payment of any costs not covered by state funds accepted 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) approve the Standard Agreement STD 213 and Agreement Summary STD 215 with the California Workforce Development Board; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement with the California Workforce Development Board; and (4) adopt Resolution No.____________.
Construction
17. RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: GRIFFITH COMPANY SAN PEDRO WATERFRONT BERTHS 74-83 PROMENADE PHASE II SPECIFICATION NO. 2811
Summary: Staff requests approval of an award of a contract (Contract) to Griffith Company (Griffith) for the San Pedro Waterfront Berths 74-83 Promenade Phase II (Project) as part of the overall Ports O’Call redevelopment project with San Pedro Public Market LLC (also known as the West Harbor Redevelopment). The Project consists of construction of a 30-foot-wide public promenade, site remediation, and building demolition. The lowest responsive and responsible bidder is Griffith, located at 12200 Bloomfield Ave., Santa Fe Springs, California. The Contract amount of $24,336,722, plus a 10% contingency, is $26,770,394.20, and the Contract duration is 660 calendar days. Payment of expenses incurred under the Contract is 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 has been previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve, Specification No. 2811 for Item Nos. 1 through 53 of the Bid Proposal Line Items to Griffith for a total authorization of $26,770,394.20 and a total term of 660 calendar days; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) 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:
(one case)
L. Adjournment