Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
REGULAR MEETING AGENDA
THURSDAY, OCTOBER 3, 2024 AT 10:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
Michael Muñoz
John A. Pérez
Edward R. Renwick
I. Lee Williams
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Election of Officers
PURSUANT TO SECTION 503(A) OF THE CITY OF LOS ANGELES CHARTER, THE BOARD SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT AND ONE VICE PRESIDENT.
OFFICERS SHALL HOLD OFFICE FOR ONE YEAR AND UNTIL THEIR SUCCESSORS ARE ELECTED, UNLESS THEIR MEMBERSHIP ON THE BOARD EXPIRES SOONER.
ELECTIONS SHALL BE HELD DURING ITS LAST MEETING IN JULY** OF EACH YEAR, BUT THE BOARD MAY FILL THE UNEXPIRED TERM OF ANY VACANCY OCCURRING IN THE OFFICE OF PRESIDENT OR VICE-PRESIDENT AT ANY MEETING.
THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY FOR THE POSITIONS OF PRESIDENT AND VICE PRESIDENT.
PRESIDENT: _________________________________________
VICE PRESIDENT: ____________________________________
** OR AS SOON THEREAFTER AS FEASIBLY POSSIBLE
C. Approval of the Minutes
None
D. Executive Director Remarks
E. Comment from the Public on Non-Agenda Items
F. 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.
G. Reports of the Commissioners
H. Board Committee Reports
None
I. Presentation
J. Level I Coastal Development Permit
None
K. Board Reports of the Executive Director
Consent Items (1 & 2)
Environmental Management
Summary: Staff requests approval of the First Amendment to Agreement No. 23-9928 to change the consultant’s name from Leighton Consulting, Inc. to Verdantas, Inc. On February 9, 2023, Leighton was one of eight firms awarded an agreement to provide as-needed site assessment and restoration services. The Agreement was approved for a three-year term with a compensation amount not-to-exceed $3,000,000. In early 2024, Verdantas, LLC acquired Leighton and effective June 1, 2024, changed Leighton’s name to Verdantas, Inc. The Amendment is solely administrative in nature to reflect the company name change. All other terms and conditions of the Agreement will remain unchanged. The City of Los Angeles Harbor Department will continue to be financially responsible for 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) approve the First Amendment to Agreement No. 23-9928 to reflect the company’s name change to Verdantas, Inc.; (3) authorize the Executive Director and the Board Secretary to execute and attest to said First Amendment to Agreement No. 23-9928 for and on behalf of the Board; and (4) adopt Resolution No. __________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Second Environmental Funding Agreement between Chevron Environmental Management Company and the City of Los Angeles Harbor Department. The proposed Agreement is required at this time to facilitate reimbursement to the Harbor Department for the second phase of soil remediation undertaken at a contaminated site located at Berth 78 in an amount of up to $3,271,123. The Harbor Department’s contractors performed the soil remediation work at the Site to avoid the potential for different contractors to be on the Site at the same time and duplicating work. Reimbursement of expenses incurred under the proposed Agreement are the financial responsibility of Chevron, with the Harbor Department’s financial responsibility limited to staff time.
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 Environmental Funding Agreement with Chevron Environmental Management Company; (3) authorize the Executive Director to execute and Board Secretary to attest to the Agreement; and (4) adopt Resolution No. _____________.
Regular Items (3 – 8)
Environmental Management
Summary: Staff requests consideration of the Addendum to the Wilmington Waterfront Development Project Environmental Impact Report (State Clearinghouse No. 2008031065) to revise the Avalon Pedestrian Bridge Project, and approval of the proposed revised Project. The Addendum changes the Project description by: modifying the pedestrian bridge design with a cable-stayed pedestrian bridge, which is now proposed to extend to the Wilmington Waterfront Promenade and over the rail lines; reducing parking and adding electrical vehicle charging stations; proposing Broad Avenue become a roundabout; including the entry plaza in the 12-acre park; adding 12 acres of open space with a restroom building, landscaping, playground equipment, an amphitheater, and pathways; and enhancing streetscape and pedestrian walkways occurring on C Street. No new significant environmental impacts or substantial increase in the severity of previously identified significant effects have been identified from these Project modifications.
Recommendation: Board resolve to (1) find that, in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15164, the proposed revised Avalon Pedestrian Bridge Project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in the adopted Wilmington Waterfront Development Project EIR; (2) consider the Addendum to the previously certified Wilmington Waterfront Development Project EIR; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; (4) approve the revised Avalon Pedestrian Bridge Project; and (5) adopt Resolution No. ___________.
Community Relations
Summary: Staff requests approval of the proposed agreement between the City of Los Angeles Harbor Department and Boys & Girls Clubs of the Los Angeles Harbor for a Community Investment Grant supporting their educational programs. The Boys & Girls Club was selected through the Community Investment Grant Program process. The proposed Agreement is for two years in the amount of $114,000 per year, for a total of $228,000 to be approved by the Board of Harbor Commissioners. The Harbor Department is financially responsible for payment of funds 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 proposed Community Investment Grant Agreement with Boys & Girls Clubs of the Los Angeles Harbor for a term of two years and a total not-to-exceed amount of $228,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Agreement; and (4) adopt Resolution No. _________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Sixth Amendment to Lease No. 915 between the City of Los Angeles Harbor Department and San Pedro Public Market, LLC. The proposed Sixth Amendment will modify various Lease provisions to expand on delivery notice details; add language pertaining to reimbursements for unforeseen conditions, existing contamination, and environmentally regulated material found during SPPM construction; update costs for completed City improvements; and add exhibits for gross receipts reporting and a non-disturbance and attornment agreement. Under the proposed Sixth Amendment, the Harbor Department will be financially responsible for reimbursement of removal and handling of unforeseen conditions discovered during construction with annual costs not to exceed $250,000 per calendar year as well as for a one-time payment in the amount of $732,550.11 to cover past eligible reimbursement costs on work already completed during SPPM construction.
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) delegate the Executive Director the authority to approve reimbursement costs for the removal of unforeseen conditions in an amount not to exceed $250,000 per calendar year; (3) approve the template entitled Non-Disturbance and Attornment Agreement and authorize the Executive Director to enter into the Non-Disturbance and Attornment Agreement on the approved template; (4) approve the proposed Sixth Amendment to Lease No. 915 with San Pedro Public Market, LLC; (5) direct the Board Secretary to transmit the Sixth Amendment to Lease No. 915 to the City Council pursuant to Charter Section 607; (6) authorize the Executive Director to execute and the Board Secretary to attest to the Sixth Amendment to Lease No. 915 upon approval by the Los Angeles City Council; and (7) adopt Resolution No. ___________.
Information Technology
Summary: Staff requests acceptance and approval of three Grant Agreements with the California Governor’s Office of Business and Economic Development (GO-Biz) to fund three projects under the California Containerized Ports Interoperability Grant Program: (1) California Ports Mobile Application, (2) Universal Trucking Appointment System with AI Enhancement Project, and (3) Carbon Intensity Gateway. In February 2024, the City of Los Angeles Harbor Department submitted applications to GO-Biz requesting $11,075,000 to fund the Projects and, in April 2024, was notified of a $7,950,000 award. The Projects constitute a series of major enhancements to the Port of Los Angeles’ data portal provided by the Port Optimizer™. If the proposed action is approved, services will be provided by Wabtec Transportation Systems, LLC. The Harbor Department will be financially responsible for front-funding all expenses before requesting grant reimbursement.
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(2) of the Los Angeles City CEQA Guidelines; (2) accept and approve Grant Agreement No. 1 - California Ports Mobile Application, between the City of Los Angeles Harbor Department and the California Governor’s Office of Business and Economic Development for grant funding of $1,320,000; (3) accept and approve the Grant Agreement No. 2 - Universal Trucking Appointment System with AI Enhancement Project, between the City of Los Angeles Harbor Department and the California Governor’s Office of Business and Economic Development for grant funding of $2,930,000; (4) accept and approve the Grant Agreement No. 3 – Carbon Intensity Gateway, between the City of Los Angeles Harbor Department and the California Governor’s Office of Business and Economic Development for grant funding of $3,700,000; (5) authorize the Executive Director to execute future Amendments for all three Grant Agreements to implement revised project schedules for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; (6) authorize the Executive Director to execute and the Board Secretary to attest the said Agreements for and on behalf of the Board; and (7) adopt Resolution No.________.
Information Technology
Summary: Staff requests approval of the Seventh Amendment to Amended and Restated Agreement No. 17-3425-A with Wabtec Transportation Systems, LLC. The proposed Amendment adds a new scope of work and compensation to enable the City of Los Angeles Harbor Department to deliver its obligations to the California Containerized Ports Interoperability Grant Program, which awarded the Harbor Department a $7,950,000 grant from the California Governor’s Office of Business and Economic Development (GO-Biz). The Port of Los Angeles’ Port Optimizer™ technology data portal will offer additional modules and enhancements to elevate the technology services provided to the port and its community as a result. The proposed Seventh Amendment will add three new modules delivered for the Grant Program at an additional cost of $7,950,000 and revise the scope of work of the Sixth Amendment resulting in a cost reduction of $1,000,000. Ultimately, approval of the proposed Amendment would increase not-to-exceed compensation by $6,950,000 from $34,600,420 currently to $41,550,420 as proposed with no change to term of the Agreement which will conclude on November 3, 2026. Expenditures incurred under Agreement No. 17-3425-A will continue to be the financial responsibility of the Harbor Department. Expenditures related to the proposed action will be reimbursed by the Grant Program.
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(2) 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 outside contractors to perform this work than City employees; (3) approve the proposed Seventh Amendment to Amended and Restated Agreement No. 17-3425-A to increase the not-to-exceed compensation by $7,950,000 for a total agreement amount of $41,550,420 in order to continue to develop, operate and support the Port Optimizer; (4) approve a transfer in the amount of $4,650,000 from the Unappropriated Balance to Account 54310 (Information Systems Consulting Services), Center 0640, Program 000;authorize and (5) pursuant to Section 343(b) of the City Charter, direct the Board Secretary to transmit the Resolution to the Mayor for approval of the Unappropriated Balance transfer; (6) pursuant to Section 343(d) of the City Charter, direct the Board Secretary to notify the City Clerk of such Unappropriated Balance transfer at the time such transfer is made; (7) 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 of the Los Angeles Administrative Code; (8) authorize the Executive Director to execute and the Board Secretary to attest to the said Agreement for and on behalf of the Board upon approval by City Council; and (9) adopt Resolution No.____________.
Labor Relations & Government Affairs
Summary: Staff requests approval of an Agreement with Shaw Yoder Antwih Schmelzer & Lange, Inc. for state government advocacy services for the City of Los Angeles Harbor Department (Harbor Department). The proposed Agreement is for a one-year term with two, one-year extension options, for a maximum term of three years and a not-to-exceed amount of $403,200 ($134,400 per year or $11,200 per month). 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) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter (Charter), Section 1022, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve the proposed Agreement with Shaw Yoder Antwih Schmelzer & Lange, Inc. for a one-year term with two one-year options to extend in a not-to-exceed amount of $403,200 over the maximum three-year term; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No. ______________.
L. 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)
5. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9) (1 case)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)
6. 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)
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Trapac, LLC, Permit 881:
Property: 630 West Harry Bridges Blvd., Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Ron Triemstra
Negotiating Parties: City and Trapac, LLC
Under Negotiation: Price and Terms
M. Adjournment