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, NOVEMBER 16, 2023 AT 9:00 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 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
• Convene in Memory – Wayne Ratkovich
B. Approval of the Minutes
• Regular Meeting of November 2, 2023
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
None
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 13)
Cargo Marketing
Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part of the allowable free time on inbound containerized merchandise, provided the marine terminal (terminal) operator’s truck gates are announced or published as being open for container delivery on those days. Additionally, to deter Port terminal property from being used as a cargo storage facility, Item 780 would be modified to add a third demurrage tier for merchandise remaining on terminal for more than 10 days after the expiration of free time. This second Temporary Order is being proposed within the Board of Harbor Commissioners’ (Board) authority to adopt rates for up to 90 days. At the September 7, 2023 Board meeting, the Board approved Temporary and Permanent Orders amending the sections mentioned above with an effective date of October 1, 2023. Changes in the Tariff beyond a Temporary Order’s 90-day effective period require the City Council to approve a Permanent Order by Ordinance. The City Council has not calendared and approved the Permanent Order and Ordinance. The first Temporary Order will expire on December 30, 2023; therefore, a second Temporary Order is being proposed to allow additional time for the Permanent Order to pass through the City Council approval process. This second Temporary Order, if approved, will become effective on December 31, 2023 and will expire in 90 days after the day it is published or upon execution of the Permanent Order by the City Council, whichever occurs first.
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) approve the amendment to Port of Los Angeles Tariff No. 4, modifying rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt a second Temporary Order___________ with an effective date of December 31, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and 780; (4) authorize the Board Secretary to certify the adoption of a second 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 on December 31, 2023, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) 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 2023-2024 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 $193,891.60 for the period of July 2023 - June 2024. 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 for $193,891.60 for CAPA dues for the July 2023-June 2024 period; and (3) adopt Resolution No.____________.
Construction and Maintenance
Summary: Staff requests approval of Contract No. 40015 with BrandSafway Services, LLC (BrandSafway), located in Gardena, California, for the rental, erection and dismantling of interior and exterior scaffolding related to the Berth 153 Clock Tower Repair project (Project). The total amount of the proposed Contract shall not exceed $696,876, and the Contract will continue until the Project is completed. The City of Los Angeles Harbor Department (Harbor Department) shall utilize the City of Los Angeles (Department of General Services) Contract No. C-131802 with BrandSafway. The Harbor Department will be financially responsible for the payment of expenses incurred under the proposed contract.
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) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with BrandSafway, based on a cooperative arrangement with City of Los Angeles (Department of General Services) to utilize Contract No. C-131802; (3) approve Contract No. 40015 with BrandSafway for the rental, erection and dismantling of interior and exterior scaffolding in the amount of $696,876; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40015 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Construction and Maintenance
Summary: Staff requests approval of Contract No. 40020 with JT Thorpe Industrial, Inc. (JT Thorpe) of Phoenix, Arizona, for scaffolding rental services over a one-year period with two one-year renewal options. The amount of this contract shall not exceed $735,000 for the initial year. If the two renewal options are exercised, $455,000 will be authorized for the second year and $350,000 for the third year. The total contract amount would not exceed $1,540,000 over the three years if the renewal options are exercised. The City of Los Angeles Harbor Department (Harbor Department) will be financially responsible for the payment of expenses incurred under the proposed Contract.
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) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) approve Contract No. 40020 with JT Thorpe for a term of one year with two one-year renewal options with an annual compensation amount not to exceed $735,000 in the first year; not to exceed $455,000 in the first renewal option year; not to exceed $350,000 in the second renewal option year; for a total compensation amount not to exceed $1,540,000 if the renewal options are exercised and authorize said expenditures; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Contract; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests that the Board of Harbor Commissioners approve a proposed Agreement with Tetra Tech, Inc. (Tetra Tech) of Pasadena, California to provide concession, grant administration, and support services for the Clean Truck Program (CTP) at the Port of Los Angeles (Port). Tetra Tech was selected through a competitive Request for Proposal (RFP) process conducted jointly by the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) to preserve synergies and significant cost savings that occur from having a single contractor serve both ports. POLB will enter into a separate agreement with Tetra Tech with separate scope of work, compensation, and billing. This action will authorize an agreement with Tetra Tech for a three-year term and a not-to-exceed amount of $3,000,000. CTP expenditures are offset each year by CTP Concession Application Fees, Annual Truck Fees and Day Pass Fees which have averaged approximately $3.2 million per year over the most recent five-year period from Fiscal Year (FY) 2019-2023. The Harbor Department will be financially responsible for the payment of expenditures 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 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) find that, in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by an independent consultant than by City of Los Angeles employees; (3) approve the Agreement with Tetra Tech, Inc. for a term of three years and a total amount not-to-exceed $3,000,000 (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.____________.
Environmental Management
Summary: Staff requests approval of the proposed agreements (Agreements) with Ocean Blue Environmental Services, Inc. (Ocean Blue), Republic DBA NRC Environmental Services Inc. (NRC), and Ancon Marine DBA Ancon Services (Ancon) to provide as-needed emergency response and hazardous waste management services for the City of Los Angeles Harbor Department (Harbor Department) including support of Port Police, Construction and Maintenance (C&M), and Real Estate Division activities. This action will authorize three Agreements, each for a three-year term, with a combined total not-to-exceed amount of $9,000,000. The Harbor Department is financially responsible for payment of services incurred under the Agreements. The Agreements were approved by the Board on September 7, 2023, but staff later discovered the page titled, Schedule of Fees and Charges was missing from the compensation exhibits in the submittals. This current action seeks approval and ratification of the previously approved Agreements, which now includes the Schedule of Fees and Charges in Exhibit D of all three Agreements and will supersede Resolution No. 23-10230 of the previous 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) find that, in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants than by City of Los Angeles employees; (3) approve and ratify Agreement No. 23-9976 with Ocean Blue Environmental Services, Inc. (Long Beach, CA), including the Schedule of Fees and Charges in Exhibit D, for a term of three years for the total not-to-exceed amount of $3,250,000; (4) approve and ratify Agreement No. 23-9977 with Republic DBA NRC Environmental Services Inc. (Long Beach, CA), including the Schedule of Fees and Charges in Exhibit D, for a term of three years for the total not-to-exceed amount of $3,250,000; (5) approve and ratify Agreement No. 23-9978 with Ancon Marine DBA Ancon Services (Signal Hill, CA), including the Schedule of Fees and Charges in Exhibit D, for a term of three years for the total not-to-exceed amount of $2,500,000; (6) adopt Resolution No.____________ which will supersede Resolution No. 23-10230.
Port Police
Summary: Staff requests approval of a Twenty-Second Amendment to C-123897 (Transmittal 1), the Master Service Agreement (MSA) between the City of Los Angeles (City) and Motorola Solutions, Inc. (Motorola). Approval of the Twenty-Second Amendment is requested to extend the term of the agreement and to increase the not-to-exceed amount. These changes are necessary to facilitate an increased scope of work for the upgrade to the 700 MHz system. This action will authorize an additional 15 months which will result in a seven-year contract term. It will also authorize an additional $1,454,231.26 for a contract amount not-to-exceed $18,026,109.96. Payment of expenses incurred under this Amendment to the MSA is the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department); however, portions of the project have been reimbursed through the 2018 and 2019 Urban Area Security Initiative (UASI) grants.
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) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided herein are of a professional, expert, technical, and of a temporary and occasional character, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the work being proposed for contracting; (3) find that in accordance with the Los Angeles City Charter Section 1022 and Los Angeles Administrative Code Section 10.15(a)(10) the proprietary nature of 700 MHz technology, especially the software, limits the availability of specialized expertise to only the particular system vendor, and the desire to utilize the same public safety system as the Los Angeles Police Department (LAPD) would make it undesirable or impractical to utilize another system vendor; (4) approve the Twenty-Second Amendment to MSA C-123897 between the City of Los Angeles and Motorola Solutions, Inc.; (5) direct the Board Secretary to transmit the Twenty-Second Amendment to MSA C-123897 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; (6) authorize the Executive Director to execute and the Board Secretary to attest to the Amendment; and (7) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of an Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Motorola Solutions, Inc. (Motorola). Approval of this Agreement is requested for the purchase of extended maintenance and system upgrade/support services for the integrated Computer Aided Dispatch (CAD) system, Records Management System (RMS), and Mobile System (MOBILE), collectively referred to here as CAD/RMS (Transmittal 1). These systems are used by, and in support of, the Los Angeles Port Police (Port Police) Division’s patrol operations and required police records administration. This action will authorize a three-year agreement term for an amount not to exceed $821,391. The Harbor Department is financially responsible for the payment of 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 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) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided here in are of a professional, expert, technical, and of a temporary and occasional character, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the proposed specialized work; (3) find that in accordance with the Los Angeles City Charter Section 1022 and Los Angeles Administrative Code Section 10.15(a)(10) the software solutions to be utilized are the intellectual property of Motorola and contain proprietary code that is not made available to any other solution provider in support of their customers. The desire to utilize the same public safety system as the Los Angeles Police Department (LAPD) would make it undesirable or impractical to utilize another system vendor; (4) award the three-year agreement to Motorola; (5) authorize the Executive Director to execute and the Board Secretary to attest to the agreement; and (6) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Revocable License No. 2022-06 (RL 22-06) with Toyota Tsusho America, Inc. (Toyota), to extend the expiration date from December 6, 2023 to February 17, 2025, to continue the demonstration of a zero-emission hybrid top handler and mobile hydrogen fueling system at backland adjacent to Berth 301. Apart from providing an extension of the term, all other material terms of RL 22-06 remain unchanged. There is no charge for this license.
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 the First Amendment to Revocable License No. 2022-06 with Toyota Tsusho America, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to the Revocable License; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Revocable Permit No. 21-14 (RP 21-14) with Mortimer & Wallace, LLC. (M&W), for the modification of language in “Section 3. Effective and Termination Dates” of the agreement. The proposed Amendment will remove RP 21-14’s current expiration date of December 15, 2023, and enable RP 21-14 to continue on a month-to-month basis, subject to termination upon 30 days’ written notice. Other material terms of RP 21-14 will remain unchanged. M&W will continue paying monthly rent of $8,820.70 with annual increases based upon the greater of 2 percent or the change in the Consumer Price Index (CPI) effective July 1 until a successor entitlement is executed.
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 the proposed First Amendment to Revocable Permit No. 21-14 with Mortimer & Wallace, LLC.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to the Revocable Permit; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests Staff requests approval of a Lease Agreement (Lease) with the Santa Catalina Island Conservancy (Catalina) to rent building and communications tower space located on Santa Catalina Island for a five-year period. The tower space will be utilized for housing a radio transmitter for the Los Angeles Port Police (Port Police) radio communications system, which would provide significant radio coverage to the Port Police in areas outside the breakwater. Under the proposed Lease, the City of Los Angeles Harbor Department (Harbor Department) would occupy building space, vertical rack and communication tower space. Furthermore, under the proposed Lease, the Harbor Department would pay a monthly rate of $8,378 in Year 1, which represents an increase of $3,515.97 per month or 72 percent relative to the $4,862.03 currently paid. Thereafter, rent would increase by five percent per year over the five-year term of the Lease. The proposed increase in rent is primarily driven by the additional space required for new equipment installed onsite after May 1, 2023. Under the proposed Lease, the Harbor Department would also pay a lump sum based on $3,515.97 per month in deferred rent beginning on May 1, 2023, through the date the proposed Lease is executed to account for the additional space occupied. Upon execution, the deferred lump sum amount would be included with the initial monthly payment of $8,378. The Harbor Department would be financially responsible for the payment of lease expenses as well as the cost of continuing to maintain the radio system components located within the building if the proposed Lease is approved.
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 Lease Agreement; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Lease Agreement; and (4) adopt Resolution No.____________.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Executive Office
Summary: Staff requests approval of an agreement between the City of Los Angeles Harbor Department (Harbor Department) and Star Insights LLC (Star Insights) to assist the Stakeholder Engagement Bureau with strategic planning consultation services. Under the proposed Agreement, Star Insights will develop a three-year vision for the Stakeholder Engagement Bureau, three-to-five division priorities and supporting initiatives that will support Bureau-wide goals. The proposed Agreement will have a ten-month term and compensation not-to-exceed $258,700. The Harbor Department will be financially responsible for the payment of expenditures 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 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 Agreement with Star Insights LLC; (3) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Regular Items (14 – 17)
Construction and Maintenance
Summary: Staff requests approval of Contract No. 40005 with Process Group America, Inc. dba Process Group America (PGA), headquartered in Cambridge, Ontario, Canada, with an office presence in San Ysidro, California, for the purchase of a replacement compressed natural gas (CNG) compressor system in the amount of $799,693.The Harbor Department will be financially responsible for the payment of expenses incurred under the proposed Contract.
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 2(2) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) approve Contract No. 40005 with PGA for the purchase and installation of a CNG Compressor system in the amount of $799,693; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40005 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Construction and Maintenance
Summary: Staff requests approval of a personal services agreement with WET of Sun Valley, California, for the maintenance of proprietary equipment of the Harbor Gateway water features. The agreement term is one year with two one-year renewal options. Compensation under the agreement will be $427,053 for the initial year, $427,053 in the first renewal option, and $427,051 in the second renewal option. The total amount of the agreement will not exceed $1,281,157 over three years if both options are exercised. Payment of expenses incurred under the proposed Agreement will be 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 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) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreement can be performed more feasibly by independent contractors than by City employees; (3) approve an agreement with WET for a term of one year with two, one-year renewal options with an annual compensation amount not to exceed $427,053 in the first year; not to exceed $427,053 in the first renewal option year; and not to exceed $427,051 in the second renewal option year for a total compensation amount not to exceed $1,281,157 if both renewal options are exercised; (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 & Industrial Real Estate
Summary: Staff requests approval of the following actions concerning Permit No. 953 (Permit 953) between Everglades Company Terminal, Inc. (Everglades) and the City of Los Angeles Harbor Department (Harbor Department):
• Consent to the transfer of Permit 953 from Everglades to LA TiL Terminal LLC and related assignment instrument due to a planned internal corporate restructuring; and,
• Approve the proposed Second Amendment, which would allow revenues associated with containers loaded and/or discharged from vessels controlled by Mediterranean Shipping Line (MSC) at the adjacent China Shipping terminal to apply toward the Minimum Annual Guarantee (MAG) for the Everglades permit during calendar year (CY) 2022.
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) consent to the transfer of the Permit No. 953 from Everglades Company Terminal, Inc. to LA TiL Terminal LLC; (3) consent to the Assignment and Assumption agreement between Everglades Company Terminal, Inc. and LA TiL Terminal LLC; (4) approve the Second Amendment to Permit No. 953 with LA TiL Terminal LLC; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment; and (6) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Memorandum of Understanding (MOU) with the Los Angeles Department of Water & Power (LADWP) to allow the City of Los Angeles Harbor Department (Harbor Department) to access and enter approximately 2.3 acres of property owned by LADWP (Parcel A in Exhibit A) located south of Water Street and west of Avalon Boulevard in Wilmington, CA. The MOU is for a term of five years and will allow the Harbor Department to complete development and construction of park improvements and to operate and maintain these improvements as a public park. The park improvements are expected to be completed in January 2024 as part of the of the Wilmington Waterfront Promenade and Avalon Promenade and Gateway Projects. The Harbor Department and LADWP are in the process of negotiating a larger land swap transaction that, when complete, will transfer Parcel A to Harbor Department ownership. Use of Parcel A under the MOU is being provided rent-free, therefore the Harbor Department’s financial obligations will not be impacted by the approval of the proposed MOU.
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 it is in the best interest of the Harbor Department to enter into a Memorandum of Understanding with the Los Angeles Department of Water & Power to enter Los Angeles Department of Water & Power property for purposes of development, operations and maintenance activities at Parcel A; (3) approve the Memorandum of Understanding with Los Angeles Department of Water & Power; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding; and (5) adopt Resolution No.____________.
K. Closed Session
1. 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)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Wilmington Real Estate Transfers with Department of Water & Power
Property: Assessor Parcel 7440-006-908, Wilmington
Assessor Parcel 7440-009-905, Wilmington
Assessor Parcel 7440-006-912, Wilmington
Assessor Parcel 7440-009-911, Wilmington
Assessor Parcel 7418-034,900, Wilmington
Assessor Parcel 7418-034,901, Wilmington
Assessor Parcel 7418-034,902, Wilmington
Assessor Parcel 7440-006-910, Wilmington
Assessor Parcel 7440-006-927, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Adriana Rubelcava
Negotiating Parties: City and Department of Water & Power
Under Negotiation: Price and Terms
L. Adjournment