November 16, 2023
SPECIAL MEETING NOTICE
SUBJECT: LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – WEDNESDAY, NOVEMBER 29, 2023
The Los Angeles Board of Harbor Commissioners are scheduled to meet for a Special Board Meeting on Wednesday, November 29, 2023 at 10:00am.
The Special Meeting will be held at the following location:
Port of Los Angeles Administration Building
Board Hearing Room, Second Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
AMKlesges
AMBER M. KLESGES
Board Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
San Pedro, California 90731
SPECIAL MEETING AGENDA
WEDNESDAY, NOVEMBER 29, 2023 AT 10:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
Diane L. Middleton, Vice President
Michael Muñoz
Edward R. Renwick
I. Lee Williams
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Approval of the Minutes
None
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
None
I. Level I Coastal Development Permit
None
J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit
Public Hearing
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles’ certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning & Strategy
Summary: Staff requests approval to issue a Level II non-appealable Coastal Development Permit (CDP) No. 23-03 to APM Terminals Pacific Ltd. (APMT) for the replacement of three ship to shore (STS) container cranes at Pier 400 to support ongoing terminal operations. APMT will be financially responsible for the payment of expenses related to the removal of existing cranes and installation of new cranes.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 23-03, a non-appealable Level II permit; (2) 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; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan (PMP); (4) upon closure of the public hearing, resolve to approve the issuance of CDP No. 23-03, consistent with the project description listed on Application for Port Permit No. 230208-021, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director; and (5) adopt Resolution No.____________.
K. Board Reports of the Executive Director
Consent Items (2 – 7)
Office of the City Attorney
Summary: The Office of the City Attorney (Office) requests approval of the First Amendment to Agreement No. 21-9809 (First Amendment) between the City of Los Angeles Harbor Department (Harbor Department) and Thompson Coburn LLP (Thompson). The proposed First Amendment will increase the Agreement authority by $100,000, from $225,000 currently, to $325,000 as proposed. The three-year Agreement term will remain unchanged; the Agreement will expire on June 25, 2024. Under Agreement No. 21-9809, Thompson performs legal services to assist the Office in its advice to the Harbor Department on Federal Clean Air Act (FCAA) legal matters. The Harbor Department will continue to be financially responsible for payment of expenses incurred under the Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the First Amendment to Legal Services Agreement No. 21-9809 with Thompson Coburn LLP, to increase the compensation authority by $100,000 for a maximum compensation authority of $325,000; (4) authorize the Executive Director and Board Secretary to execute and attest to the First Amendment; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the proposed Fourth Amendment to Agreement No. 12-3049 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the City of Long Beach Harbor Department (LBHD) (collectively Ports) to host and maintain the Ports’ Drayage Truck Registry (PDTR). The proposed Fourth Amendment will extend the term of the Agreement three years to December 31, 2026. Compensation authority will remain at $450,190, and no additional funding will be added to the Agreement. The Harbor Department will continue to be financially responsible for the payment of expenses incurred under this 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) accept and approve the proposed Fourth Amendment to extend the term of Agreement No. 12-3049 between the City of Los Angeles Harbor Department and the City of Long Beach Harbor Department through December 31, 2026; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (4) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of Revocable License No. 2023-11 (License) with the Los Angeles Maritime Institute (LAMI) to allow temporary use of Berth 85 for the berthing and docking of brigantine vessels and to load and unload passengers on a non-exclusive first come basis as available. Berth 85 consists of 65,620 square feet of water and dock space. The proposed License is subject to cancellation by the City of Los Angeles Harbor Department (Harbor Department) or licensee upon 90 days’ written notice. LAMI, a California non-profit corporation, operates the TopSail Youth Program for middle and high school students, including at-risk youth, on maritime education and hands-on tall ships sailing within the Port of Los Angeles (Port). The program has been in operation at the Port since 1992. Curriculum focuses on the Port, the maritime industry, communication, teamwork, and instills responsibility, leadership, and self-esteem by providing character-building experiences. Currently under Revocable Permit 2017-006, LAMI is using Downtown Harbor Cut Slips 1 and 2 for passenger sailing. Given the significant benefits received by the Harbor Department from the services provided by LAMI, staff requests waiving the monthly compensation. LAMI will be financially responsible for all other costs, including but not limited to utilities, equipment, labor, Port Police security, site repair and maintenance.
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 III, Class 1 (18)(b) of the Los Angeles City CEQA Guidelines; (2) find that the proposed action is in the best interest of the City of Los Angeles Harbor Department based on the value of services delivered to the community, and the compensation that would be due and owed imposes an understandable hardship; (3) approve Revocable License No. 2023-11 with Los Angeles Maritime Institute; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable License No. 2023-11; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of Revocable License No. 2023-12 (License) with the Los Angeles Maritime Institute (LAMI) to allow temporary use of Berth 73 for the berthing and docking of brigantine vessels as well as small-scale maintenance activities for the brigantine vessels on a non-exclusive basis. Berth 73 consists of 36,570 square feet of water and dock space. The proposed License is subject to cancellation by the City of Los Angeles Harbor Department (Harbor Department) or licensee upon 90 days’ written notice. This License is expected to be terminated in the next 12-18 months upon delivery of the property to the San Pedro Public Market otherwise known as West Harbor. LAMI, a California non-profit corporation, operates the TopSail Youth Program for middle and high school students, including at-risk youth, on maritime education and hands-on tall ships sailing within the Port of Los Angeles (Port). The program has been in operation at the Port since 1992. Curriculum focuses on the Port, the maritime industry, communication, teamwork, and instills responsibility, leadership, and self-esteem by providing character-building experiences. Currently under Revocable Permit 2017-006, LAMI is using Downtown Harbor Cut Slips 1 and 2 for passenger sailing. Given the significant benefits received by the Harbor Department from the services provided by LAMI, staff requests waiving the monthly compensation. LAMI will be financially responsible for all other costs, including but not limited to utilities, equipment, labor, security, site repair and maintenance.
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 III, Class 1 (18)(b) of the Los Angeles City CEQA Guidelines; (2) find that the proposed action is in the best interest of the City of Los Angeles Harbor Department based on the value of services delivered to the, and the compensation that would be due and owed imposes an understandable hardship; (3) approve proposed Revocable License No. 2023-12 with Los Angeles Maritime Institute; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable License No. 2023-12; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Revocable License No. 2023-10 (License) with Harbor Breeze Corp. (Harbor Breeze) to use and occupy 65,620 square feet of property at Berth 85 in San Pedro. Harbor Breeze will use the site for commercial charter vessel passenger operations, which includes tours on behalf of the City of Los Angeles Harbor Department (Harbor Department) and those not sponsored by the Harbor Department. Premises shall be used on a non-exclusive basis for the berthing and docking of prescheduled tour group s. The proposed License is subject to cancellation by the Harbor Department or Harbor Breeze upon 90 days’ written notice. Under the proposed License, Harbor Breeze will be required to pay compensation to the Harbor Department based on seven percent of gross receipts for all activities except dinner cruises, which will be charged five percent.
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 (18)(b) of the Los Angeles City CEQA Guide; (2) approve proposed Revocable License No. 2023-10 with Harbor Breeze Corp.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable License No. 2023-10; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Revocable License No. 2023-09 (License) with Odyssey Yacht Charter LLC (Odyssey Yacht) to use and occupy 4,440 square feet of property at Berth 84 in San Pedro for commercial charter vessel passenger operations. Premises shall be used on a non-exclusive basis and serve prescheduled tour groups. The proposed License is subject to cancellation by the City of Los Angeles Harbor Department (Harbor Department) or Odyssey Yacht upon 90 days’ written notice. Under the proposed License, compensation would be equivalent to seven percent of gross receipts.
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 (18)(b) of the Los Angeles City CEQA Guidelines; (2) approve Revocable License No. 2023-09 with Odyssey Yacht Charter LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable License No. 2023-09; and (4) adopt Resolution No.___________.
Regular Items (8 – 12)
Community Relations
Summary: Staff requests approval of the proposed agreements between the City of Los Angeles Harbor Department (Harbor Department) and International Trade Education Programs, Inc. dba EXP (EXP) and Los Angeles Maritime Institute (LAMI) for Community Investment Grants supporting their educational programs (Agreements). EXP and LAMI were selected through the Community Investment Grant Program process. The proposed Agreements are for two years in the amounts of: 1) EXP - $346,150 per year for a total of $692,300; 2) LAMI - $290,000 per year for a total of $580,000. The combined two-year total for both Agreements is $1,272,300. The Harbor Department is financially responsible for funding the proposed Agreements.
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 the proposed Community Investment Grants are consistent with the criteria of the Board-approved Sponsorship/Hosting Policy (March 2010); (3) approve the proposed Agreement with EXP for a term of two years and a total not-to-exceed amount of $692,300; (4) approve the proposed Agreement with LAMI for a term of two years and a total not-to-exceed amount of $580,000; (5) authorize the Executive Director and the Board Secretary to execute and attest to the proposed Agreements with EXP and LAMI; and (6) adopt Resolution No.____________.
Construction
Summary: Staff requests approval of an award of a contract (Contract) to Skanska USA Civil West California District Inc. (Skanska) to construct the State Route 47 (SR-47)/Vincent Thomas Bridge (VTB) and Front Street/Harbor Boulevard Interchange Reconfiguration project (Project). The Project will modify the existing on and off ramps of the SR-47/VTB and Front Street/Harbor Boulevard interchange to improve safety, access, and efficient operation in and around the Port of Los Angeles complex. The lowest responsive and responsible bidder is Skanska, located at 1995 Agua Mansa Road, Riverside California. The Contract amount of $90,988,550, plus a 10% contingency, is $100,087,405, and the Contract duration is 990 calendar days. Certain expenses up to $65,783,000, incurred under the proposed Contract are eligible for reimbursement under the following grants: the California Senate Bill 1 Trade Corridor Enhancement Program; the United States Department of Transportation Maritime Administration; and the Los Angeles County Metropolitan Transit Authority. Payment of expenses incurred under the proposed Contract 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 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. 2816 for Item Nos. 1 through 55 of the Bid Proposal Line Items to Skanska for a total amount of $100,087,405 including a 10% contingency, and a total term of 990 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.____________.
Environmental Management
Summary: Staff requests approval of the proposed Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) to fund a Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) project with Pacific Harbor Line, Inc. (PHL) to design and demonstrate battery-electric locomotive (BEL) charging infrastructure for the “EMDX 50” zero-emission (ZE) switcher locomotive Project (Project). The total cost of the Project is $4,751,904. TAP funding in the amount of $845,390 will be split equally between the Harbor Department and POLB. The PHL project team will pay the remaining amount. As lead agency, POLB has already entered into an agreement with PHL to implement the Project. If the proposed Agreement is approved, then the Harbor Department would be financially responsible for $422,695, or 50% of the TAP cost share of the Project.
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 6 of the Los Angeles City CEQA Guidelines; (2) approve the Cost Share Agreement between the City of Los Angeles Harbor Department and the Port of Long Beach for the reimbursement of $422,695; (3) authorize the Executive Director to execute and Board Secretary to attest to said agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.
Executive Office
Summary: Staff requests approval of certain documents related to the proposed issuance of the Alameda Corridor Transportation Authority (ACTA) Senior Lien Revenue Refunding Bonds and/or Subordinate Lien Revenue Refunding Bonds (2024 ACTA Bonds) including certain disclosures required from the Port of Los Angeles. Given the Port of Los Angeles’ role as a partial guarantor of ACTA’s debt along with the Port of Long Beach, it must provide certain financial and operating disclosures to the bond market for any ACTA bond transaction both at the time of the initial offering and for as long as the bonds remain outstanding. ACTA is projecting that future revenues will be insufficient to cover debt service payments starting in Fiscal Year (FY) 2026 through 2037, and that shortfall advance payments would be required from the two ports to help make up the difference. The proposed transaction is expected to reduce the amount of debt service during this time period, thereby reducing the need for shortfall advance payments from the ports. Bond market conditions at the time of the transaction will determine the level of debt service savings that will be achieved.
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) authorize the execution and delivery of the Continuing Disclosure Certificate, the Letter of Representation, and other related documents and certificates in connection with the issuance and sale of the 2024 ACTA Bonds; (3) authorize the City of Los Angeles Harbor Department’s Executive Director or Chief Financial Officer, each of them acting individually, to comply with the terms and intent of the Board’s Resolution, to assist ACTA in the issuance of the 2024 ACTA Bonds, to execute and deliver any documents or instruments related thereto and to take such other actions as may be deemed necessary or desirable in order to carry out the purposes of the Board’s Resolution subject to: (i) approval of the issuance of the 2024 ACTA Bonds by ACTA; and (ii) the conditions set forth in the Resolution; (4) approve certain disclosures relating to the finances and operations of the Harbor Department to be contained in the Preliminary Official Statement and the Official Statement for the 2024 ACTA Bonds including the Audited Financial Statements of the Harbor Department, with such changes thereto as the Executive Director or the Chief Financial Officer may require or approve; and (5) adopt Resolution No.____________.
Engineering
Summary: Staff requests approval of an agreement (Agreement) with AECOM Technical Services, Inc. (AECOM), to provide professional engineering and architectural services for the Port of Los Angeles and Port of Long Beach Goods Movement Training Facility (Training Facility) project. The Agreement has a contract term of three years, with a not-to-exceed amount of $9,777,141. The Harbor Department will be 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) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve a personal services agreement with AECOM, Technical Services, Inc. for engineering and architectural services for the Training Facility project with a not-to-exceed amount of $9,777,141 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
L. 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 proposed Permits 958 and 959 with Pasha Stevedoring & Terminals LP
Property: Berths 174-181, Wilmington
Berths 206-209, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Jay Bowden
Negotiating Parties: City and Pasha Stevedoring & Terminals LP
Under Negotiation: Price and Terms
M. Adjournment