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Harbor Commission

Regular Agenda - April 10, 2025

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Los Angeles Board of Harbor Commissioners
Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
 
 
REGULAR MEETING AGENDA
THURSDAY, APRIL 10, 2025 AT 10:00 AM
 
Board of Harbor Commissioners
Lucille Roybal-Allard, President
John A. Pérez, Vice President
Yolanda M. De La Torre
Edward R. Renwick
I. Lee Williams

ORDER OF BUSINESS
 
OPEN SESSION
 
A.        Roll Call
 
 
 
B.        Approval of the Minutes
 
  • Regular Meeting of March 13, 2025
 
  • Regular Meeting of March 27, 2025
 
 
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
 
  • Alameda Corridor Transportation Authority Governing Board Meeting of March 20, 2025
 
 
 
H.        Level I Coastal Development Permit
 
None
 
 
 
 
I.          Board Reports of the Executive Director
 
Consent Items (1 – 4)
 
Cargo Marketing
 
 

 
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Lionext, Inc. (Lionext), to operate its facility within FTZ 202, Site 72, located at 13021 Leffingwell Road, Santa Fe Springs, CA 90670. This is a 4.33-acre site with a 132,423 square-foot warehouse and office space located 28 miles from the Port of Los Angeles (Port). Lionext will operate its facility under FTZ procedures as a multi-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $7,750 annually from Lionext (per FTZ Tariff No. 2).
 
 
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 Foreign-Trade Zone Operating Agreement between the Harbor Department and Lionext; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No.________.
 
 
 
 
Cargo Marketing
 
 
 
 
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Toshiba Logistics America, Inc., (Toshiba), to operate its facility within FTZ No. 202, Site 58, located at 501 Burning Tree Road, Fullerton, CA 92833. Site 58 is 23 miles from the Port of Los Angeles (Port) and consists of 50,000 square feet of warehouse and 7,000 square feet of office space on 3.14 acres located in Fullerton, California. Toshiba will operate its facility under the FTZ procedures as a multi-usage site. The proposed agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $7,750 annually from Toshiba (per FTZ Tariff No. 2).
 
 
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 Foreign-Trade Zone Operating Agreement between the Harbor Department and Toshiba; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No.________.
 
 
 
 
Cargo Marketing
 
 
 
 
Summary: Staff requests approval a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Molex, LLC (Molex), to operate its facility within FTZ 202, Site 51, located at 12200 Arrow Route, Rancho Cucamonga, CA 91739. This is a 15.08-acre site with a 249,000 square-foot warehouse and office space located 67 miles from the Port of Los Angeles (Port). Molex will operate its facility under FTZ procedures as a multi-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $7,750 annually from Molex (per FTZ Tariff No. 2).
 
 
 
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 Foreign-Trade Zone Operating Agreement between the Harbor Department and Molex; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No._______. 
 
 
 
 
 
 
Port Police
 
 
 
 
Summary: Staff requests approval of a contract with F.S.O.C., LLC, a Local Business Enterprise (LBE) in El Segundo, California, for the purchase of maritime tactical ballistic vests for sworn staff as required by the current Memorandum of Understanding for the Harbor Peace Officers Unit (MOU 38). In response to the rise in active shooter situations in the law enforcement community, tactical ballistic vests were added as required safety equipment in MOU 38 on August 21, 2015. As such, Los Angeles Port Police (Port Police) requests 330 replacement plates for the existing vests along with 45 new vests. The replacement of these ballistic vests will ensure Port Police officers are able to respond quickly, efficiently and safely to any high-risk occurrence in the Port of Los Angeles or its surrounding communities. The total amount of the contract, including sales tax, is $310,366.80. The City of Los Angeles Harbor Department (Harbor Department) will be financially responsible for 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 an agreement with F.S.O.C., LLC utilizing a current agreement for such services with the County of Los Angeles Contract No. MA-IS-2340059-1, a cooperative purchase agreement;  (3) award and approve a contract with F.S.O.C., LLC for the purchase of tactical ballistic vests; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. _____ for and on behalf of the Board; and (5) adopt Resolution No.      ______.
 
 
 
 
Regular Items (5 – 8)
 
 
Information Technology
 
 
 
 
Summary: Staff requests approval of the Second Amendment to Agreement No. 22-9854 with NITI Systems Consultants Inc. (NITI) to extend the term of the agreement for Managed Services Support for the Port of Los Angeles Fusion Enterprise Resource Planning (POLA Fusion ERP) System. The current agreement expired on March 14, 2025. This request is seeking retroactive approval for a one-year extension to the term of the agreement to March 14, 2026, with no changes to the Scope of Work or the authorized agreement amount. The proposed extension is essential to complete all remaining project deliverables necessary for project closeout and maintain uninterrupted Managed Services Support for the POLA Fusion ERP System, which is critical to the daily operations of the City of Los Angeles Harbor Department (Harbor Department). Extending this agreement will allow the Harbor Department to continue to access experts on the implementation consultant’s team to resolve ERP system support and maintenance issues. Their in-depth knowledge of the Harbor Department’s operations is essential to ensure continued systems support and operational efficiency. 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 that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside consultants to perform this work than City employees; (3) approve the proposed Second Amendment to Agreement No. 22-9854 with NITI Systems Consultants, Inc. retroactive to March 15, 2025, to extend the agreement term by one (1) additional year for ongoing Managed Services Support of the POLA Fusion ERP System through March 14, 2026, with no other changes to terms and compensation; (4) direct the Board Secretary to transmit the Second Amendment to the Los Angeles City Council for ratification and approval pursuant to Charter Section 373 and Section 10.5 of the Los Angeles Administrative Code; (5) authorize the Executive Director or designee to execute and the Board Secretary to attest said Second Amendment for and on behalf of the Board; and (6) adopt Resolution No.________.
 
 
 
 
 
Information Technology
 
 
 
 
Summary: Staff requests approval to award Contract Bid No. F-1235 (Contract) to Mythics, LLC., doing business as (dba) Mythics VIII, LLC (Mythics) for the purchase of Oracle Corporation (Oracle) products and services for the Port of Los Angeles (POLA) Fusion Enterprise Resource Planning (ERP) System.  This contract will allow staff to procure Oracle software subscriptions, licenses, learning subscriptions, maintenance, and related products to support ongoing operations, system enhancements, and future growth for the POLA Fusion ERP System. The term of the proposed Contract is three (3) years and the not-to-exceed amount is $2,969,036. Staff recommends continuing to procure the required Oracle software and subscriptions for the POLA Fusion ERP System from Mythics as the existing contract, Contract No. 39966 with Mythics expires at the end of March 2025. The recommendation to select Mythics is based on the competitive bid process performed by Maricopa County, Arizona (Maricopa County) for its Contract No. 180233-002 which was extended to November 30, 2028. The City of Los Angeles Harbor Department (Harbor Department) will be financially responsible for payment of expenditures 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 the Los Angeles Administrative Code Section 10.15(a)(8), the competitive contracting requirement is met using Maricopa County’s competitively bid Contract No. 180233-002 between Maricopa County and Mythics; (3) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the standard provisions of the Harbor Department contract for
 
•           Section 8:    Default by Supplier;
•           Section 10:  Inspection;
•           Section 19:  Contractor’s Liability; and
•           Section 20:  Patent Rights;
 
(4) Approve Contract Bid No. F-1235 with Mythics for Oracle cloud software subscriptions, licenses and related products and services for a not-to-exceed compensation amount of $2,969,036 and a term of three (3) years; (5) authorize the Executive Director to execute and the Board Secretary to attest to said Contract for and on behalf of the Board;  and (6) adopt Resolution No.________. 
 
 
 
 
Waterfront & Commercial Real Estate
 
 
 
Summary: Staff requests approval of the proposed compensation resets Orders for nine marinas located in the East Basin/Cerritos Channel area of Wilmington. The compensation resets are for the five-year period from November 1, 2020, through October 31, 2025. The new Minimum Fixed Rent (MFR) is based on the Economic Performance Methodology (EPM) which determines the marina’s minimum fixed rent by calculating 75 percent of each marina’s average monthly net receipts for the past three years (2017, 2018, and 2019). 
 
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) adopt the Orders resetting compensation for the Wilmington Marinas for the period of November 1, 2020, through October 31, 2025; (3) authorize the Board Secretary to attest to the Orders resetting compensation; and (4) adopt Resolution No.__________ and Order Nos. ________.
 
 
 
 
Environmental Management
 
 
 
 
Summary: Staff requests certification of the Final Environmental Impact Report (Final EIR) for the Berths 191-194 Ecocem Materials Ltd (Ecocem) Low-Carbon Cement Processing Facility Project (Project) prepared in accordance with the California Environmental Quality Act (CEQA). The proposed Project would construct and operate a new dry bulk processing facility at Berth 191 and on the backlands adjacent to Berths 192-194. The facility would import raw materials by ship and truck, produce a low-carbon intensity binder (ground granulated blast furnace slag [GGBFS]), and load third-party trucks that would transport the GGBFS to local consumers. As part of the proposed Project, Ecocem has also applied for a new 32-year permit. In this action, the Board of Harbor Commissioners (Board) will need to independently review and consider the Final EIR and, if deemed adequate under CEQA, certify the Final EIR; adopt specific Findings of Fact (FOF) regarding the significant environmental impacts; adopt a Statement of Overriding Considerations (SOC); and adopt a Mitigation Monitoring and Reporting Program (MMRP). With the application of mitigation, lease measures, and a standard condition, significant and unavoidable impacts and considerable contributions to significant cumulative impacts would remain in the areas of air quality and meteorology as well as noise. The Harbor Department will be financially responsible for the repairs at Berth 191. All other portions of the proposed Project are the financial responsibility of Ecocem Materials Ltd.
 
 
Recommendation: Board resolve to (1) certify the Final Environmental Impact Report for the Berths 191-194 Low-Carbon Cement Processing Facility Project and that the document: (a) has been completed in compliance with the California Environmental Quality Act (Public Resources Code §21000 et seq.), with the California Environmental Quality Act Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles California Environmental Quality Act Guidelines; (b) was presented to the Board of Harbor Commissioners for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, in accordance with the information contained in the Final Environmental Impact Report, the Proposed Project will have significant environmental effects on air quality, meteorology and noise, as defined by Public Resources Code Sections 21068, 21080, 21082.2, and 21083 and the State California Environmental Quality Act Guidelines Sections 15064, 15064.4, 15064.5, and 15382; (3) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Berths 191-194 Ecocem Low-Carbon Cement Processing Facility Project that substantially lessens or avoids one or more of the significant adverse environmental impacts identified in the Final Environmental Impact Report; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible certain mitigation measures such that environmental impacts remain significant and unavoidable; (5) find that all information added to the Final Environmental Impact Report after public notice of the availability of the Draft Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report, and recirculation is not necessary; (6) find that, in accordance with Public Resources Code Section 21081(b) and California Environmental Quality Act Guidelines Section 15093, the benefits outweigh the significant and unavoidable environmental impacts; (7) adopt the Findings of Fact and Statement of Overriding Considerations; (8) adopt  the Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation and lease measures and a standard condition adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department, as Lead Agency, to monitor and verify project compliance with those mitigation and lease measures and a standard condition; (9) approve the Berths 191-194 Ecocem Low-Carbon Cement Processing Facility Project identified in the Final Environmental Impact Report including all feasible mitigation measures, lease measures and a standard condition with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the City of Los Angeles Harbor Department to incorporate by reference the Final Environmental Impact Report, mitigation measures, lease measures, standard condition, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (11) authorize the Environmental Management Division to file the Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; and (12) adopt Resolution No. _______.
 
 
 
J.         Presentation
 
 
 
K.        Closed Session
 
1.        CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9) (One Case)
 
 
2.         CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9) (One Case)
 
 
3.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            (Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Trapac, LLC:
 
Property:                              630 West Harry Bridges Blvd., Wilmington
           
City Negotiator:                    Marisa Katnich
 
Tenant Negotiator:               Cameron Thorpe
 
Negotiating Parties:             City and Trapac, LLC
 
Under Negotiation:               Price and Terms
 
 
 
4.         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:                     Marisa Katnich
 
Tenant Negotiator:               Xu FeiPan
 
Negotiating Parties:             City and China Shipping Holding Company, Ltd.
 
Under Negotiation:              Price and Terms
 
 
 
 
5.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Fenix Marine Services, Ltd.:
 
Property:                                614 Terminal Way, San Pedro
           
City Negotiator:                     Marisa Katnich
 
Tenant Negotiator:               Steven Trombley
 
Negotiating Parties:             City and Fenix Marine Services, Ltd.
 
Under Negotiation:               Price and Terms
 
 
6.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Permit 905 with Fisherman’s Pride Processors, Inc., dba Neptune Foods:
 
Property:                                888 S Ways St., Terminal Island
 
City Negotiator:                     Marisa Katnich
 
Tenant Negotiator:               Ming Shin Kou
 
Negotiating Parties:             City and Fisherman’s Pride Processors, Inc., dba Neptune Foods
 
Under Negotiation:              Price and Terms
 
 
7.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Proposed Lease Agreement with Cabrillo Way Partners:
 
Property:                                2293 S. Miner Street, San Pedro
 
City Negotiator:                     Michael Galvin
 
Tenant Negotiator:               Joe Ueberroth and Robert Olson
 
Negotiating Parties:             City and Cabrillo Way Partners
 
Under Negotiation:              Price and Terms
 
 
8.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION            
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
Union Pacific Railroad Company, Inc. v. Port of Long Beach; Long Beach Board of Harbor Commissioners; Port of Los Angeles; Los Angeles Board of Harbor Commissioners; et al. Los Angeles Superior Court Case No. 25STCP00712
 
 
L.       Adjournment

April 10, 2025 - Meeting Materials

Meeting Minutes

Meeting Minutes

Executive Director's Report

Executive Director's Report

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