Los Angeles — 2023-09-07

A.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8):\n1.\nRegarding Rental Amounts and Terms for the Terminal Leases for Terminals 1 through 8 and Tom Bradley International Terminal at Los Angeles International Airport.  The subject properties and negotiating parties/designees are listed in Attachment 1.  [City Attorneys: T. Yamaguchi, B. Ostler]\na.\nProperty Negotiators: Justin Erbacci/David Jones/Tatiana Starostina\nAttachment 1 \n2.\nProperty Negotiations with Concessionaires at Los Angeles International Airport listed in Attachment 2  [City Attorney: B. Ostler]\na.\nProperty Negotiators: Justin Erbacci/David Jones\nAttachment 2

B.\nCONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code Section 54956.9(a); 54956.9(c); 54956.9(d)(1), (d)(2), and (d)(4); 54956.9(e)(1), (e)(2), (e)(3), and (e)(5); and 54956.9(h)):\n1.\nClaims by LAX Integrated Express Solutions, LLC (LINXS)  [City Attorney:  E. Ross]\n2.\nClaims by LA Gateway Partners, LLC (LAGP)  [City Attorney:  J. Lisenbery]\n3.\nLA Alliance for Human Rights, et al. vs. City of Los Angeles, et al., United States District Court - Central District of California Case LA CV 20-02291-DOC-(KESx)  [City Attorney:  B. Ostler]\n4.\nSteve Bubalo Construction Co. v. City of Los Angeles, et al., Los Angeles County Superior Court, Case No. 21STCV45667  [City Attorney:  J. Lisenbery]\n5.\nTiffany Abraham, et al. v. City of Los Angeles, et al., San Bernardino County Superior Court, Case No. CIV SB 2315202  [.City Attorney:  P. Tomescu]\n6.\nBillye Henderson v. City of Los Angeles (LAX) Workers Compensation Appeals Court matter No. ADJ112147813  [City Attorney:  J. Sherman]

C.\nTHREAT TO PUBLIC SERVICES OR FACILITIES (Government Code Section 54957):\n1.\nConsultation with Los Angeles World Airports Public Safety & Security Deputy Executive Director Martin Elam, Chief of Airport Police Cecil Rhambo, and Chief Digital Transformation Officer Ian Law

D.\nCONFERENCE WITH LABOR NEGOTIATOR / LOS ANGELES WORLD AIRPORTS MANAGEMENT REPRESENTATIVE OR DESIGNEE (Government Code Section 54957.6):\n1.\nConcerning consultations and discussions with representatives of Coalition of Los Angeles City Unions\na.\nLAWA Management Representative: Justin Erbacci

X.\nCLOSED SESSION ITEMS

XI.\nANNOUNCEMENT OF ACTIONS TAKEN IN CLOSED SESSION

XII.\nBOARD COMMITTEE REPORT(S)

XIII.\nCOMMISSIONERS’ REQUESTS TO CALENDAR AGENDA ITEMS\nXIV.\nOTHER REPORTS AND INFORMATION \n(Attendance at aviation-related events)  \n(Next BOAC Meeting)\nXV.

II.\nOPENING REMARKS

III.\nMANAGEMENT REPORTS & PRESENTATIONS\na.\nChief Executive Officer Update;\nb.\nUpdate on LAWA Arts Program/LAX Presents;\nc.\nWorkforce Development Update;\nd.\nRequest for Proposals for Management and Oversight of Common Use Facilities, Equipment and Services

IV.\nCOMMENDATIONS & ACKNOWLEDGMENTS

VI.\nNEIGHBORHOOD COUNCIL COMMENTS - An opportunity for Neighborhood Council representatives to provide their respective Neighborhood Council's formal position on any matter listed on this meeting agenda for the Board of Airport Commissioners.  (A Neighborhood Council, through its authorized representative, shall provide the Board with a copy of its Community Impact Statement filed with the City of Los Angeles Office of the City Clerk at https://cityclerk.lacity.org//cis/ or Resolution regarding its formal position.)  (Information on Neighborhood Councils can be found at https://empowerla.org/councils/.)

VIII.\nCONSENT ITEMS FOR BOARD ACTION  [Consent Items 1 - 3]\n1.

IX.\nREGULAR ITEMS FOR BOARD ACTION  [Regular Items 4 - 6]\n4.

RESOLUTION NO.      - Ratification of Cooperative Agreement DE-99T82001 with the United States Environmental Protection Agency:  Covering pass-through federal grant funds of $611,994 for United Airlines for partial reimbursement of retrofitting costs associated with three (3) existing diesel-powered cargo loaders deployed at Los Angeles International Airport; and execution of the Subaward Agreement with United Airlines relative to disbursement of said grant funds and pass-through federal funding requirements for said airline \nPURPOSE: The proposed actions are to facilitate the designation of Los Angeles World Airports as a prime recipient and a pass-through agency for federal grant funds between the United States Environmental Protection Agency (EPA) as the grantor and United Airlines (UAL) as the subrecipient of EPA grant funds. The purpose of the EPA grant award is to partially reimburse UAL for retrofitting of three (3) existing diesel-powered cargo loaders owned by UAL and deployed at Los Angeles International Airport into zero-emission electric-powered cargo loaders to reduce diesel emissions. \nRECOMMENDATIONS: Adoption of the Report requesting that the Board of Airport Commissioners determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2.f of the Los Angeles City CEQA Guidelines; approve and ratify Cooperative Agreement DE-99T82001 with the United States Environmental Protection Agency, with approval and ratification of all amendments issued by said agency, for modifications to the scope of work and to extend the period of performance up to October 31, 2023, subject to approval as to form by the City Attorney; and authorize the Chief Executive Officer, or designee, to execute the Subaward Agreement with United Airlines, subject to approval as to form by the City Attorney (Tatiana Starostina)\n01 report \n2.

RESOLUTION NO.      - Thirty-nine (39)-month Lease with FCM Management Company, LLC:  Covering office space in the Los Angeles World Airports-owned Aviation Plaza, located at 16461 Sherman Way, Van Nuys, for net revenue of $140,860 over the term \nPURPOSE: Staff requests approval of the proposed lease with FCM Management Company, LLC for office space at Aviation Plaza. Approval of the lease will generate $140,860 in revenue for Los Angeles World Airports over the term. \nRECOMMENDATIONS: Adoption of the Report requesting that the Board of Airport Commissioners determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article III, Class 1 (18)(c) and (e) of the Los Angeles City CEQA Guidelines; find that the City's competitive bidding restrictions do not apply pursuant to Resolution 27530 whereby the Board of Airport Commissioners and the City Council found that it would be in the best interest of the City to contract with Colliers International Real Estate Management Services, Inc. for leasing services at Aviation Plaza; approve the Lease with FCM Management Company, LLC; authorize the Chief Executive Officer, or designee, to execute said Lease after approval as to form by the City Attorney; and further approve appropriation of $8,995.91 for broker commissions. (David Jones)\n02 report \n3.

RESOLUTION NO.      - Administrative Action:  To approve the signature authority for a senior management staff of Los Angeles World Airports \nRECOMMENDATIONS: Adoption of the Resolution to approve the signature authority for Emery Molnar, a Deputy Executive Director of Los Angeles World Airports. (Justin Erbacci)\n03 reso

RESOLUTION NO.      - First Amendment to Lease VNA-8825 with Valley Sod Farms Inc.:  To reduce the premises by approximately 35 acres and extend the term by 60 months, covering non-aviation land at Van Nuys Airport, for estimated revenue of $182,435 over the term \nPURPOSE: Staff request approval of the proposed First Amendment to Lease VNA-8825 with Valley Sod Farms Inc. to take back approximately 35 acres of land, of which Los Angeles World Airports (LAWA) intends to lease 34 acres to PCS Energy, LLC for installation of a ground mount solar facility and return approximately one acre to LAWA for future use. \nRECOMMENDATIONS: Adoption of the Report requesting that the Board of Airport Commissioners determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article III, Class 1 (18)(c) of the Los Angeles City CEQA Guidelines; approve the First Amendment to Lease VNA-8825 with Valley Sod Farms Inc.; and authorize the Chief Executive Officer, or designee, to execute said First Amendment after approval as to form by the City Attorney and approval by the Los Angeles City Council. (David Jones)\n04 report \n5.

RESOLUTION NO.      - Twenty (20)-year Lease with PCS Energy, LLC:  Covering potential development of a ground mount solar facility at 16521 Chase Street within Van Nuys Airport that is expected to generate approximately $21,900,000 in non-aeronautical revenue to Los Angeles World Airports over the term \nPURPOSE: Staff request approval of the proposed lease with PCS Energy, LLC to develop a ground mount solar facility at Van Nuys Airport that is expected to generate approximately $21,900,000 in non-aeronautical revenue to Los Angeles World Airports over the term of the lease. \nRECOMMENDATIONS: Adoption of the Report requesting that the Board of Airport Commissioners determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15303, 15304 and 15311; find that the Request for Proposals process used in this competitive award process satisfies the requirements of Administrative Code Section 10.17 and is compatible with the City's interests; further find that PCS Energy, LLC is responsive and responsible, and that entering into the lease is in the City's best interest; approve the Lease with PCS Energy, LLC; and authorize the Chief Executive Officer, or designee, to execute said Lease after approval as to form by the City Attorney and approval by the Los Angeles City Council. (David Jones)\n05 report \n6.

RESOLUTION NO.      - Airport Police Division’s Policy for Use of Equipment Covered by California Assembly Bill 481:  And Military Equipment Report 2023 of said division of Los Angeles World Airports; and request for Los Angeles City Council to adopt an ordinance approving the policy \nPURPOSE: The Airport Police Division of Los Angeles World Airports is required to comply with the requirements of California Assembly Bill 481 -- Law Enforcement and State Agencies: Military Equipment -- funding, acquisition, and use. The policy provides guidelines for the approval, funding, acquisition, and reporting requirements of specified law enforcement equipment items deemed "military equipment," as required by California Assembly Bill 481. The bill added Government Code Section 7070, et. seq., and designated specific items within the statute as "military equipment." \nRECOMMENDATIONS: Adoption of the Report requesting that the Board of Airport Commissioners determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2.n of the Los Angeles City CEQA Guidelines; approve the Airport Police Division's new policy for Use of Equipment covered by California Assembly Bill 481; further approve said division's Military Equipment Report 2023; further adopt a resolution requesting the Los Angeles City Council to adopt an ordinance approving the Airport Police Division's Policy for Use of Equipment covered by California Assembly Bill 481 and transmit said policy and report to the Los Angeles City Council. (Cecil Rhambo Jr.)\n06 report

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nLos Angeles Superior Court Case No. BS070017

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nSan Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 999 with\nChina Shipping Holding Company, Ltd.:\nProperty: Berths 100-103, San Pedro\nCity Negotiator: Michael DiBernardo\nTenant Negotiator: Paul Nazzaro\nNegotiating Parties: City and China Shipping Holding Company, Ltd.\nUnder Negotiation: Price and Terms

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\n(Subdivision (d)(2) of Government Code Section 54956.9)\nSignificant exposure to litigation pursuant to subdivision (d)(2) of Section\n54956.9: (two cases)

5. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION `\n(Subdivision (d)(4) of Government Code Section 54956.9)\nInitiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:\n(one case)

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed\nlease with Santa Catalina Island Conservancy:\nProperty: Mt. Black Jack, Santa Catalina Island\nAssessor’s Parcel Number 7480-041-002\nCity Negotiator: Michael Galvin\nTenant Negotiator: Rob Ledebur\nNegotiating Parties: City and Santa Catalina Island Conservancy\nUnder Negotiation: Price and Terms

1. RESOLUTION NO. ____________ - APPROVAL OF PERSONAL SERVICES\nAGREEMENTS FOR AS-NEEDED EMERGENCY RESPONSE AND HAZARDOUS\nWASTE MANAGEMENT SERVICES WITH OCEAN BLUE ENVIRONMENTAL\nSERVICES, INC., REPUBLIC DBA NRC ENVIRONMENTAL SERVICES INC., AND\nANCON MARINE DBA ANCON SERVICES\nSummary: Staff requests approval of the proposed agreements with Ocean Blue Environmental\nServices, Inc., Republic DBA NRC Environmental Services Inc., and Ancon Marine DBA Ancon\nServices to provide as-needed emergency response and hazardous waste management\nservices for the City of Los Angeles Harbor Department including support of Port Police,\nConstruction and Maintenance, and Real Estate Division activities. This action will authorize\nthree Agreements, each for a three-year term, with a combined total not-to-exceed amount of\n$9,000,000. The Harbor Department is financially responsible for payment of services incurred\nunder the Agreements.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) find that, in accordance with the City Charter Section 1022, work under\nthe subject Agreements can be performed more feasibly by independent consultants than by\nCity of Los Angeles employees; (3) approve the Agreement with Ocean Blue Environmental\nServices, Inc. for a term of three years for the total not-to-exceed amount of $3,250,000; (4)\napprove the Agreement with Republic DBA NRC Environmental Services Inc. for a term of three\nyears for the total not-to-exceed amount of $3,250,000; (5) approve the Agreement with Ancon\nMarine DBA Ancon Services for a term of three years for the total not-to-exceed amount of\n$2,500,000; (6) authorize the Executive Director to execute and the Board Secretary to attest to\nsaid Agreements, for and on behalf of the Board; and (7) adopt Resolution No.____________.\nConstruction & Maintenance

2. RESOLUTION NO. ____________ - INCREASE CONTRACT AUTHORITY AMOUNT\nFOR ANNUAL PURCHASE ORDER NO. 39961-23 WITH TELL STEEL\nSummary: Staff requests approval of Change No. 1 to Purchase Order No. 39961-23 with Tell\nSteel of Long Beach, CA which will increase the annual contract authority from $149,000 to\n$298,000 per year. The Harbor Department utilizes this Purchase Order to acquire ferrous and\nnon-ferrous metal as may be required for both maintenance and construction projects throughout\nthe Port of Los Angeles. The requested increase is necessary to complete current and planned\ncapital and maintenance projects. Purchase Order No. 39961-23 was executed in February 2022\nwith a one-year term and two one-year renewal options. Under the proposed Change Order,\nthe spending authority for the first and second option period will increase by $298,000 in\naggregate from $298,000 currently to $596,000 over two years. The Harbor Department will\ncontinue to be financially responsible for the payment of expenses incurred under the Purchase\nOrder.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles\nCity CEQA Guidelines; (2) approve Purchase Order Change No. 1 to Purchase Order No. 39961-\n23 with Tell Steel to increase the annual expenditure authority from $149,000 to $298,000 for\nthe first option period and the second option period (3) authorize the Executive Director to\nexecute and the Board Secretary to attest to said purchase order change; and (4) adopt\nResolution No.____________.\nExecutive Office

3. RESOLUTION NO. ____________ - CHANGING THE MEMBERSHIP OF THE BOARD\nAUDIT COMMITTEE\nRecommendation: Board resolve to (1) adopt subject Resolution No.__________.\nRegular Items (4 – 9)\nConstruction

4. RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION\nCONTRACT. CONTRACTOR: REYES/LARISON JV. BERTHS 177-182 MARINE\nIMPROVEMENTS, SPECIFICATION NO. 2799\nSummary: Staff requests approval of an award of a contract to Reyes/Larison JV to construct\nthe Berths 177-182 Marine Improvements. The Project consists of demolishing a timber wharf\nstructure, driving concrete piles, constructing a new concrete wharf, repairing timber pile, as well\nas repairing and improving the slope. In addition, the proposed Contract will facilitate repairs to\naddress slope erosion at Berths 167-169. The lowest responsive and responsible bidder is\nReyes/Larison JV, located at 1383 South Signal Drive, Pomona, California 91766. The Contract\namount of $20,986,950, plus a 10% contingency, is $23,085,645, and the Contract duration is\n425 calendar days. The City of Los Angeles Harbor Department will be financially responsible\nfor payment of expenses incurred under the proposed Contract.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f)\nand Article III Class 2(2) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance\nwith the Los Angeles City Charter Section 1022, work under the subject Contract can be\nperformed more feasibly by an independent contractor rather than by City employees; (3) award\nand approve Specification No. 2799 for Item Nos. 1 through 39 of the Bid Proposal Line Items\nto Reyes/Larison JV for a total amount of $23,085,645 including a 10% contingency, and a total\nterm of 425 calendar days; (4) authorize the Executive Director to execute and the Board\nSecretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the\nExecutive Director to adjust the final bid quantities and accept the construction Contract upon its\ncompletion in accordance with City Charter Section 655 (g); and (6) adopt Resolution\nNo.___________.\nCargo Marketing

5. RESOLUTION NO. ____________ - APPROVE TEMPORARY ORDER TO AMEND\nPORT OF LOS ANGELES TARIFF NO. 4, SECTION SEVEN “FREE TIME, WHARF\nDEMURRAGE, AND WHARF STORAGE”\nSummary: Staff requests approval of a Temporary Order approving an amendment to Port of\nLos Angeles Tariff No. 4, Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part\nof the allowable free time on inbound containerized merchandise, provided the marine terminal\noperator’s truck gates are announced or published as being open for container delivery on those\ndays. Additionally, to deter Port terminal property from being used as a cargo storage facility,\nItem 780 would be modified to add a third demurrage tier for merchandise remaining on terminal\nfor more than 10 days after the expiration of free time. The proposed amendment would become\neffective on October 1, 2023. This Temporary Order is being proposed within the Board of Harbor\nCommissioners’ authority to adopt rates for up to 90 days. A separate action recommends a\nPermanent Order and Ordinance for approval by the Board and City Council, which are required\nto make effective changes to Tariff No. 4 beyond the Temporary Order’s 90-day effective period.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is categorically exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles\nCity CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, modifying\nrates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780, subject to the California Association of Port Authorities’ review and approval,\nand authorize the Executive Director to work with the California Association of Port Authorities\nto secure this approval or proceed to take independent action in accordance with the California\nAssociation of Port Authorities’ procedure; (3) adopt Temporary Order No._________ with an\neffective date of October 1, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and\nregulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and\n780; (4) authorize the Board Secretary to certify the adoption of Temporary Order by the Board\nof Harbor Commissioners and cause the same to be published once in a newspaper printed and\npublished in the City of Los Angeles, to take effect on October 1, 2023, for a period not-to-exceed\n90 days pursuant to City Charter Section 653(b), and post the Temporary Order circular to the\nPort of Los Angeles website; and (5) adopt Resolution No.____________.\nCargo Marketing

6. RESOLUTION NO. ____________ - APPROVE PERMANENT ORDER TO AMEND\nPORT OF LOS ANGELES TARIFF NO. 4, SECTION SEVEN “FREE TIME, WHARF\nDEMURRAGE, AND WHARF STORAGE”\nSummary: Staff requests approval of a Permanent Order approving an amendment to Port of\nLos Angeles Tariff No. 4, Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part\nof the allowable free time on inbound containerized merchandise, provided the marine terminal\noperator’s truck gates are announced or published as being open for container delivery on those\ndays. Additionally, to deter Port terminal property from being used as a cargo storage facility,\nItem 780 would be modified to add a third demurrage tier for merchandise remaining on terminal\nfor more than 10 days after the expiration of free time. The proposed amendment would become\neffective on October 1, 2023. A separate action recommends a Temporary Order to make\nchanges to the Tariff within the Board of Habor Commissioners’ authority to adopt rates for up\nto 90 days, with any rates to be effective beyond the 90 days requiring this Permanent Order to\nbe approved by City Council ordinance.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is categorically exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles City\nCEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, modifying\nrates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780, subject to the California Association of Port Authorities’ review and approval,\nand authorize the Executive Director to work with the California Association of Port Authorities\nto secure this approval or proceed to take independent action in accordance with the California\nAssociation of Port Authorities’ procedure; (3) adopt Permanent Order No. __________ with an\neffective date of October 1, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and\nregulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and\n780; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent\nOrder and the Ordinance approving and authorizing the Amendments to Port of Los Angeles\nTariff No. 4 pursuant to City Charter 653(a); (5) direct the Board Secretary to transmit to the City\nClerk a Notice of Public Hearing for publication in accordance with the provisions of California\nGovernment Code sections 66018 and 6062a; (6) after the effective date of the Ordinance,\ntransmit the Permanent Order and Ordinance to the Executive Director or his nominee for\nimplementation and posting to the Port of Los Angeles website; and (7) adopt Resolution\nNo._________.\nEnvironmental Management

7. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO 22-\n9856 WITH CALSTART, INC. FOR ADMINISTRATION OF THE PORT OF LOS\nANGELES ZERO-EMISSION TRUCK VOUCHER INCENTIVE PROGRAM\nSummary: Staff requests approval of a proposed First Amendment to Agreement No. 22-9856\nwith CALSTART, Inc. for the administration of the Port of Los Angeles Zero-Emission Truck\nVoucher Incentive Program. The First Amendment would allow incentive funding to be combined\nwith the California Air Resources Board Hybrid and Zero-Emission Voucher Incentive Project\nand other incentive funding sources. In addition, the First Amendment will streamline payment\nprocessing. The City of Los Angeles Harbor Department will continue to be financially\nresponsible for all expenses related to the agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the First Amendment to Agreement No. 22-9856 with\nCALSTART, Inc.; (3) authorize the Executive Director to execute and Board Secretary to attest\nto said amendment for and on behalf of the Board of Harbor Commissioners; and (4) adopt\nResolution No._________.\nInformation Technology

8. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT 20-3776\nBETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND\nINTERNATIONAL BUSINESS MACHINES CORPORATION FOR THE CYBER\nRESILIENCE CENTER PROJECT\nSummary: Staff requests approval of the First Amendment to Agreement No. 20-3776 with\nInternational Business Machines Corporation for the Cyber Resilience Center project. The\nproposed First Amendment is to continue enhancements and operation of the CRC, a first-of-\nits-kind solution that reduces the risk of a port-wide cyber incident that could disrupt the flow of\ncargo at the Port of Los Angeles by serving as an early warning system for its ecosystem with\nimproved quality, quantity, and speed of cyber information sharing. The Port of Los Angeles\necosystem are stakeholders that consist of terminal operators, shipping lines, railroad\ncompanies, trucking companies, chassis providers, cross-sector companies, marine exchange,\nthe Port’s Cyber Security Operations Center, and relevant cyber-physical intelligence sources.\nBy sharing relevant Port of Los Angeles cyber information across the ecosystem, the CRC\nresults in greater collective knowledge and stronger Port community cyber resiliency. The\nproposed First Amendment will extend the term of Agreement No. 20-3776 by two additional\nyears, for a total of five years, and increase the not-to-exceed compensation by an additional\n$5,000,000, for a total not-to-exceed compensation amount of $11,800,000. The proposed First\nAmendment is for hardware, software and services required to continue to enhance, operate,\nmaintain, and support the turn-key CRC solution. The recommendation to select IBM for\nAgreement No. 20-3776 was based on the competitive Request for Proposals process\nperformed by the City of Los Angeles Harbor Department. IBM is headquartered in New York,\nwith offices throughout Southern California. The Harbor Department will continue to be\nfinancially responsible for the payment of expenditures incurred under the Agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022,\nit is more feasible for outside contractors to perform this work than City employees; (3) approve\nthe First Amendment to Agreement No. 20-3776 with International Business Machines\nCorporation to extend the term of the existing Agreement to five years and increase the not-to-\nexceed compensation amount to $11,800,000 in order to continue to enhance, operate, maintain\nand support the turn-key Cyber Resilience Center solution; (4) direct the Board Secretary to\ntransmit said Agreement to the Los Angeles City Council for approval pursuant to Section 373\nof the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative\nCode; (5) authorize the Executive Director to execute and the Board Secretary to attest the said\nFirst Amendment to Agreement No. 20-3776 for and on behalf of the Board; and (6) adopt\nResolution No._________.\nOffice of the City Attorney

9. RESOLUTION NO. ____________ - FIRST AMENDMENT TO LEGAL SERVICES\nAGREEMENT NO. 22-9911 WITH NOSSAMAN LLP FOR THE HARBOR\nPERFORMANCE ENHANCEMENT CENTER, LLC LITIGATION\nSummary: The Office of the City Attorney at the City of Los Angeles Harbor Department requests\napproval of a First Amendment to Agreement No. 22-9911 with Nossaman LLP. The proposed\nFirst Amendment will increase the Agreement authority by $988,625, from $150,000 currently,\nto $1,138,625 as proposed. The three-year Agreement term will remain unchanged; the\nAgreement will expire on December 7, 2025. The additional funding will allow Nossaman to\ncontinue to represent the Port of Los Angeles in ongoing litigation related to the Harbor\nPerformance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al (state\ncourt action identified as Superior Court Case No. 21STCV15500). The Harbor Department will\ncontinue to be financially responsible for payment of expenses incurred under the Agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) find that, in accordance with Charter Section 1022, the scope of work of\nthe proposed Agreement can be more economically and feasibly provided by an independent\ncontractor than by City employees; (3) approve the First Amendment to Agreement No. 22-9911\nwith Nossaman, to increase the agreement authority by $988,625 from $150,000 to $1,138,625;\n(4) authorize the Executive Director to execute and the Board Secretary to attest to the First\nAmendment; and (5) adopt Resolution No. __________.

B. Executive Director Remarks

C. Comment from the Public on Non-Agenda Items

D. Report from the Neighborhood Council Representatives – An opportunity for\nNeighborhood Council representatives to provide remarks on Neighborhood Council\nResolutions or Community Impact Statements filed with the City Clerk which relate to any\nagenda item listed or being considered on this agenda for the Board of Harbor\nCommissioners.

E. Reports of the Commissioners

F. Board Committee Reports\nNone

H. Presentation\n1. 2022 Air Emissions Inventory\n2. Draft San Pedro Connectivity Plan

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Items (1 – 3)\nEnvironmental Management

K. Closed Session