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, DECEMBER 7, 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
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Approval of the Minutes
- Regular Meeting of November 16, 2023
- Special Meeting of November 29, 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
- Audit Committee Meeting of November 16, 2023
H. Presentation
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Cargo & Industrial Real Estate
Summary: Staff requests approval of a non-binding Memorandum of Understanding (MOU) amongst the City of Los Angeles Harbor Department (POLA or Harbor Department), Los Angeles County Metropolitan Transportation Authority (Metro), Union Pacific Railroad Company (UPRR), Port of Long Beach (POLB), and the Alameda Corridor Transportation Authority (ACTA), regarding Metro’s proposed West Santa Ana Branch Transit Corridor (WSAB) project. The WSAB project will expand light rail passenger service along the West Santa Ana Branch Transit Corridor (WSAB) to connect southeast Los Angeles County to downtown Los Angeles and is proposed to be constructed within a portion of POLA-POLB jointly owned former UPRR San Pedro Branch Line, which is a designated Alameda Corridor emergency rail line. The proposed WSAB Light Rail Transit (LRT) line will not impact the operation of this rail line and the POLA has no objections to the currently proposed LRT line alignment contained in Metro’s draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS). The purpose of the MOU is to coordinate the advancement of design and planning for construction, property interests, operation, and maintenance of the WSAB project. The term of the MOU is three years, and there is no financial impact related to this MOU.
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 Understanding amongst City of Los Angeles Harbor Department, the Los Angeles County Metropolitan Transportation Authority, Union Pacific Railroad Company, the Port of Long Beach and the Alameda Corridor Transportation Authority; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Memorandum of Understanding on behalf of the Board; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the First Amendment to Revocable Permit No. 21-16 (RP 21-16) with Taylored Transload, LLC (Taylored), to i) extend the expiration date by two years from January 31, 2024 to January 31, 2026, subject to cancellation with 90 days’ notice; ii) update the provision for annual rent adjustments; and iii) consent to a one-time change in the upstream ownership and control of Taylored. The consent is conditioned upon Taylored paying a one-time transfer fee in the amount of $493,560 and furnishing a guaranty from Taylored’s new upstream owner, AMG Logistics Group, LLC (AMG) to replace the existing guaranty. 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 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 Permit No. 21-16 with Taylored Transload, LLC; (3) approve the Guaranty provided by AMG Logistics Group LLC; (4) approve the termination of the existing guaranty furnished by Taylored Services Parent Co. effective January 31, 2024; (5) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Revocable Permit 21-16; and (6) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the proposed First Amendment to Reimbursement Agreement No. 21-9795 (Agreement) with Bellwether Financial Group (Bellwether) to reimburse the City of Los Angeles Harbor Department (Harbor Department) 100% of staff and consultant costs associated with the preparation of project documents for an environmental evaluation to develop and occupy Berth 44 and associated premises (Site), with the exception of costs related to assessment of contaminated soil and/or water impacts and historical resources. The proposed First Amendment would extend the duration of the existing Agreement by two years, from three years currently to five years, as proposed. No other modifications are proposed. Bellwether will continue to be financially responsible for the costs associated with the preparation of the project document.
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 First Amendment to Reimbursement Agreement No. 21-9795 with Bellwether Financial Group; (3) direct the Board Secretary to transmit the First Amendment to Agreement No. 21-9795 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 the First Amendment to Agreement No. 21-9795 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Information Technology
Summary: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval of the First Amendment to Agreement No. 20-3764 and Consent to Assignment and Assumption from Saab Technologies Ltd. (Saab) to Tidalis Americas Ltd. (Tidalis). The requested First Amendment would allow a one-time transfer to reflect the vendor’s name change due to Saab being acquired by Agilitas 2020 Private Equity GP Sarl which is now Tidalis. All other terms and conditions of the Agreement remain unchanged. The Harbor Department will continue to be financially responsible for the 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) approve the First Amendment to Agreement No. 20-3764 with Saab Technologies Ltd. to allow a one-time assignment to Tidalis Americas Ltd., effective March 31, 2023; (3) approve the Assignment and Assumption of Agreement No. 20-3764 and Consent Thereto, effective March 31, 2023; (4) direct the Board Secretary to transmit the First Amendment to Agreement No. 20-3764 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; (5) direct the Board Secretary to transmit the Assignment and Assumption of Agreement 20-3764 and Consent Thereto 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 said First Amendment and Assignment and Assumption of Agreement for and on behalf of the Board; and (7) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval of Contract No. 40026 with Willard Marine, Oceanside, CA for the purchase of two (2) 33-foot Surf Pro Rescue/Patrol vessels to replace two vessels currently in use for patrol operations by the Los Angeles Port Police (Port Police). The contract with Willard Marine is outlined in Formal Bid Request Number F-1184. The total contract amount is $3,153,256 inclusive of applicable taxes. The contract includes the design, construction, and delivery of the rescue/patrol vessels and includes two spare transmissions and one spare engine. 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) award and approve Contract No. 40026 to Willard Marine for the purchase of the two 33’ Surf Pro Rescue/Patrol vessels in the amount of $3,153,256, including applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 40026 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Police
Summary: Staff requests approval to accept and enter into a Grant Award EMW-2023-PU-00209 with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2023 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be in the amount of $2,093,901 with an award date of September 1, 2023. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance $1,000,000, Cyber Threat Detection Software and Storage $1,000,000, and Port of Los Angeles (POLA) Dive Equipment $93,901. The award is for a three-year period ending August 31, 2026. A 25% cost share is required under this FY 2023 PSGP, which will be funded by the Harbor Department. The Harbor Department’s total cost share for the projects is $697,967, for a total cost of $2,791,868 for all three projects.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(6) of the Los Angeles City CEQA Guidelines; (2) approve the Grant Award, Grant No. EMW-2023-PU-00209 between the City of Los Angeles Harbor Department and the United States Department of Homeland Security, Federal Emergency Management Agency for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2023 Port Security Grant Program; (3) authorize the Co-Chair of the Area Maritime Security Committee or their designee, having previously been delegated signing authority by the Executive Director, to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the Harbor Department to implement the projects approved for funding by the DHS; and (5) adopt Resolution No. ____________ accepting the Grant Award for EMW-2023-PU-00209 for FY 2023 PSGP.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and California Dining Services (Cal Dining) to provide professional food service and management of the Port Pantry Café (Port Pantry) at the Harbor Administration Building (HAB) and provide vending machine, catering, and coffee services. The proposed term of the Agreement is three years. Proposed annual compensation is $175,000, or $525,000 over the three-year term to cover anticipated costs associated with the subsidy, catering, and coffee services. Cal Dining was selected through the Harbor Department’s Request for Proposal (RFP) process. Approval of this Agreement will provide uninterrupted operation of the Port Pantry for employees and visitors. Cal Dining is currently operating the Port Pantry under Agreement No. E6975, which expires on January 25, 2024.
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, it is more feasible for an outside contractor to perform this work than City employees; (3) approve the Agreement with California Dining Services; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Regular Item No. 8
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Order resetting compensation under Holdover Permit No. 560 with Vopak Terminal Los Angeles, Inc. (Vopak). The proposed land rent for the holdover reset period of August 30, 2023 through August 29, 2028 will be $7,007,864.50 per year ($1,751,966.13 per quarter) an upward adjustment of 16 percent from the current annual compensation of $6,036,080.92. The reset of compensation will be retroactively effective on August 30, 2023, followed by annual Consumer Price Index (CPI) adjustments beginning on August 30, 2024. Permit 560 is on Holdover after its expiration on April 29, 2023 due to ongoing CEQA review for the new wharf redevelopment project as required by the California State Lands Commission Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS). Staff anticipate executing a new permit with Vopak in 2024.
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 Order resetting compensation to Permit No. 560 with Vopak Terminal Los Angeles, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation under Permit No. 560; and (4) adopt Resolution No. _________________ and Order No. ___________________.
K. Closed Session
1. 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: (two cases)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Order 4506 and proposed Franchise Agreement with Southern California Gas Company
Property: Subsurface pipelines serving Southern California Gas Company customers throughout the Harbor District
City Negotiator: Marisa Katnich
Tenant Negotiator: Geoffrey Danker
Negotiating Parties: City and Southern California Gas Company
Under Negotiation: Price and Terms
L. Adjournment