Los Angeles — 2024-09-05

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 China\nShipping 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\nSection 54956.9: (one case)

5. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION\n(Subdivision (d)(4) of Government Code Section 54956.9) (1 case)\nInitiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)

6. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION\n(Subdivision (d)(2) of Government Code Section 54956.9)\nSignificant exposure to litigation pursuant to subdivision (d)(2) of\nSection 54956.9: (one case)

7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Trapac, LLC,\nPermit 881:\nProperty: 630 West Harry Bridges Blvd., Wilmington\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Ron Triemstra\nNegotiating Parties: City and Trapac, LLC\nUnder Negotiation: Price and Terms

8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed\npermit with Yusen Terminals LLC:\nProperty: 701 New Dock Street, Terminal Island\nCity Negotiators: Michael DiBernardo/Marisa Katnich\nTenant Negotiator: Alan McCorkle\nNegotiating Parties: City and Yusen Terminals LLC\nUnder Negotiation: Price and Terms

1. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 40045 TO A&A\nREADY MIXED CONCRETE, INC. FOR CONCRETE/SLURRY READY MIX\nSummary: Staff requests approval of Contract No. 40045 (Contract) with A&A Ready Mixed\nConcrete, Inc. (A&A) of Newport Beach, California, for the purchase of concrete/slurry ready mix.\nThe proposed Contract would be for a one-year term with two one-year renewal options. The\namount of this Contract shall not exceed $400,000 for the initial year. If the two renewal options\nare exercised, $400,000 will be authorized for the second year and $400,000 for the third year. The\ntotal amount would not exceed $1,200,000 over the three years. The City of Los Angeles Harbor\nDepartment (Harbor Department) will be financially responsible for the payment of costs incurred\nunder the proposed Contract.\nRecommendation: Board to resolve (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 Contract No. 400 with A&A in the amount of $400,000 for the\nconcrete/slurry ready mix for a period of one year, with two one-year renewal options in the same\namount annually for a total compensation amount not to exceed $1,200,000 if the renewal options\nare exercised and authorized by the Executive Director or his/her designee; (3) authorize the\nExecutive Director to execute and the Board Secretary to attest to Contract No. 40045 for and on\nbehalf of the Board; and (4) adopt Resolution No. ____________.\nWaterfront & Commercial Real Estate

10. RESOLUTION NO. ____________ - APPROVE SECOND TEMPORARY ORDER TO\nAMEND PORT OF LOS ANGELES TARIFF NO. 4, “GENERAL RATE INCREASE”\nSummary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles\nTariff No. 4 (Tariff), effective September 29, 2024, which would implement a 3.6 percent General\nRates Increase (GRI), applicable to Tariff No. 4 rated tariff items, excluding rated tariff items that\ncurrently have a scheduled rate increase. This second Temporary Order is being proposed within\nthe Board of Harbor Commissioners’ (Board) authority to adopt rates for up to 90 days. At the June\n6, 2024 Board meeting, the Board approved Temporary and Permanent Orders amending various\nsections of Tariff No. 4 increasing rated tariff items by 3.6 percent. Changes in the Tariff require\nCity Council approval. The City Council has not calendared and approved the Permanent Order\nand Ordinance. The first Temporary Order will expire on September 28, 2024; therefore, a second\nTemporary Order is proposed to allow additional time for the Permanent Order to pass through the\nCity Council approval process. This second Temporary Order, if approved, will expire in 90 days\nafter the day it is published or upon execution of the Permanent Order by the City Council, whichever\noccurs first.\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 California\nEnvironmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles City CEQA\nGuidelines; (2) adopt second Temporary Order No. ____________ with an effective date of\nSeptember 29, 2024, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four\n“Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section\nSeven ”Free Time, Wharf Demurrage, and Wharf Storage”, Items 780 and 790; Section Nine\n“Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In\nTransit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve “Water and\nElectricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen\n“General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial\nFishing Vessel”, Items 1910 & 1930; (3) authorize the Board Secretary to certify the adoption of\nsecond Temporary Order by the Board of Harbor Commissioners and cause the same to be\npublished once in a newspaper printed and published in the City of Los Angeles, to take effect on\nSeptember 29, 2024, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b);\nand (4) adopt Resolution No._____________.

2. RESOLUTION NO. ____________ - APPROVE ORDER RESETTING COMPENSATION\nUNDER PERMIT NO. 306 WITH ULTRAMAR INC. (VALERO)\nSummary: Staff requests approval of the Order resetting compensation under Permit No. 306 with\nUltramar Inc., a wholly owned subsidiary of Valero Energy Corporation, (collectively referred to as\nValero), which is currently on month-to-month holdover status. The proposed compensation reset\nis for the five-year period commencing February 1, 2024, for the use of Berths 163-164 in\nWilmington, as a marine oil terminal. Under the proposed action, Valero’s minimum annual land\nrent will increase by $393,730, or 20.29 percent, from $1,940,351 to $2,334,081 effective February\n1, 2024. In addition to the annual minimum land rent, Valero will continue to be financially\nresponsible for payment of all tolls and charges pursuant to Port of Los Angeles Tariff No. 4. The\napplicable five-year compensation reset was due on February 1, 2024; consequently, Valero has\nagreed and will be assessed the compensation reset retroactively to February 1, 2024.\nRecommendation: Board to resolve (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 Order resetting compensation under Permit No. 306 with\nUltramar Inc.; (3) authorize the Board Secretary to attest to the Order resetting compensation under\nPermit No. 306; and (4) adopt Resolution No. ____________ and Order No. ____________.\nWaterfront & Commercial Real Estate

3. RESOLUTION NO. ____________- APPROVE ORDER RESETTING COMPENSATION\nUNDER PERMIT NO. 916 WITH SHELL OIL COMPANY\nSummary: Staff requests approval of the Order resetting compensation under Permit No. 916 with\nShell Oil Company (Shell) for the five-year period of March 26, 2024, through March 25, 2029.\nPermit No. 916 grants Shell the use of Berths 167-169 in Wilmington for the operation of a marine\nliquid bulk terminal. Under the proposed action, Shell’s minimum annual land rent will increase by\n$68,437, or 3.57 percent, from $1,918,013 to $1,986,450 effective March 26, 2024. Thereafter,\nannual rent will increase by the year-over-year change in the Consumer Price Index (CPI). In\naddition to the annual minimum land rent, Shell will continue to be financially responsible for\npayment of all tolls and charges pursuant to Port of Los Angeles Tariff No. 4. The applicable five-\nyear compensation reset was due on March 26, 2024; consequently, Shell has agreed and will be\nassessed the compensation reset retroactively to March 26, 2024.\nRecommendation: Board to resolve (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 Order resetting compensation under Permit No. 916 with Shell\nOil Company; (3) authorize the Board Secretary to attest to the Order resetting compensation under\nPermit No. 916; and (4) adopt Resolution No. ____________ and Order No. ____________.\nWaterfront & Commercial Real Estate

4. RESOLUTION NO. ____________ - APPROVE ORDER RESETTING COMPENSATION\nUNDER PERMIT NO. 936 WITH PBF ENERGY WESTERN REGION LLC\nSummary: Staff requests approval of the Order resetting compensation under Permit No.936 with\nPBF Energy Western Region LLC, a wholly owned subsidiary of PBF Energy (collectively referred\nto as “PBF”). The proposed compensation reset is for the five-year period commencing July 1, 2024,\nfor the use of Berths 238-239 in Terminal Island, as a marine oil terminal. Under the proposed\naction, PBF’s minimum annual land rent will increase by $491,996, or 6.75 percent, from $7,291,644\nto $7,783,640 effective July 1, 2024. Thereafter, annual rent will increase by the year-over-year\nchange in the Consumer Price Index (CPI). In addition to the annual minimum land rent, PBF will\ncontinue to be financially responsible for payment of all tolls and charges pursuant to Port of Los\nAngeles Tariff No. 4. The applicable five-year compensation reset was due on July 1, 2024;\nconsequently, PBF has agreed and will be assessed the compensation reset retroactively to July 1,\n2024.\nRecommendation: Board to resolve (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 Order resetting compensation under Permit No. 936 with PBF\nEnergy Western Region LLC; (3) authorize the Board Secretary to attest to the Order resetting\ncompensation under Permit No. 936; and (4) adopt Resolution No. ____________ and Order No.\n____________.\nWaterfront & Commercial Real Estate

5. RESOLUTION NO. ____________ - APPROVE ORDERS RESETTING COMPENSATION\nUNDER PERMIT NOS. 712 AND 713 WITH SHORE TERMINALS LLC\nSummary: Staff requests approval of the Orders resetting compensation under Permit Nos. 712 and\n713 with Shore Terminals LLC, a wholly owned subsidiary of NuStar Energy L.P. (collectively\nreferred to as “NuStar”), which are currently in month-to-month holdover status. The proposed\ncompensation reset is for the five-year period of June 25, 2024 through June 24, 2029. Under the\nproposed compensation reset Orders, the annual minimum land rent will be adjusted by $326,448,\nor 20.19 percent, from $1,616,690 to $1,943,138 effective June 25, 2024. In addition to the annual\nminimum land rent, NuStar will continue to pay all tolls and charges pursuant to Port of Los Angeles\nTariff No. 4. The applicable five-year compensation reset was due on June 25, 2024; consequently,\nNuStar has agreed and will be assessed the compensation reset retroactively to June 25, 2024.\nRecommendation: Board to resolve (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 Guideline; (2) approve the Orders resetting compensation under Permit Nos. 712 and 713\nwith Shore Terminals LLC; (3) authorize the Board Secretary to attest to the Orders resetting\ncompensation under Permit Nos. 712 and 713; and (4) adopt Resolution No. ____________ and\nOrder Nos. ____________.\nWaterfront & Commercial Real Estate

6. RESOLUTION NO. ____________ - APPROVE ORDER RESETTING COMPENSATION\nUNDER PERMIT NO. 708 WITH KINDER MORGAN TANK STORAGE TERMINALS, LLC\nSummary: Staff requests approval of the Order resetting compensation under Permit No. 708\ngranted to Kinder Morgan Tank Storage Terminals, LLC (Kinder), formerly GATX Tank Storage\nTerminals Corporation (GATX), for the use of 13.46 acres of Los Angeles Harbor Department\n(Harbor Department) land and wharf located at Berths 118-119. The proposed compensation reset\nis for the five-year period of April 14, 2023, through April 13, 2028. Under the proposed\ncompensation reset Order, the annual minimum land rent will be adjusted commencing April 14,\n2023, through April 13, 2028, to $2,188,252.50 (payable quarterly in an amount of $547,063.13).\nThe annual minimum land rent is based on waterfront land value of $50.00/sf with a 10 percent rate\nof return based on the Harbor Department’s rate of return policy for unimproved land. Additionally,\na 50 percent discount for subsurface lands is applied to any subsurface parcels. In addition to the\nannual minimum land rent, Kinder will continue to pay all tolls and charges pursuant to Port of Los\nAngeles Tariff No. 4. The applicable five-year compensation reset was due on February 1, 2024,\nconsequently, Kinder has agreed and will be assessed the compensation reset retroactively to April\n14, 2023.\nRecommendation: Board to resolve (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 Order resetting compensation under Permit No. 708 with Kinder\nMorgan Tank Storage Terminals, LLC; (3) authorize the Board Secretary to attest to the Order\nresetting compensation under Permit No. 708; and (4) adopt Resolution No. ____________ and\nOrder No. ___________.\nInformation Technology

7. RESOLUTION NO. ____________ - AGREEMENTS BETWEEN THE CITY OF LOS\nANGELES HARBOR DEPARTMENT AND BIRDI SYSTEMS, INC., BURNS\nENGINEERING, INC., INFOJINI INC., SATWIC INC., AND SIERRA CYBERNETICS,\nINCORPORATED, FOR ON-CALL/AS-NEEDED INFORMATION TECHNOLOGY\nSERVICES\nSummary: Staff requests approval to enter into Agreements with Birdi Systems, Inc. (Birdi), Burns\nEngineering, Inc. (Burns), Infojini Inc. (Infojini), Satwic Inc. (Satwic), and Sierra Cybernetics,\nIncorporated (Sierra), for Information Technology (IT) services on an on-call, as-needed basis. The\non-call, as-needed services may include support for on-going IT operations, including helpdesk,\nend user support, data center, servers, storage, network, cyber security, software applications,\nemerging technologies and other IT related services. The authority amount will be a maximum pool\nof $6,000,000 for all agreements, for a term of three years. The recommendation to select Birdi,\nBurns, Infojini, Satwic, and Sierra, is based on the competitive Request for Proposals (RFP) process\nperformed by the City of Los Angeles Harbor Department (Harbor Department). Three of the five\nselected consultant firms are certified Small Business Enterprises (SBEs), and three firms qualify\nas Local Business Enterprises (LBEs). The Harbor Department will be financially responsible for\npayment of expenses incurred under the proposed Agreements.\nRecommendation: Board to resolve (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, it is\nmore feasible for outside contractors to perform the proposed services rather than City employees;\n(3) approve the Agreements with Birdi Systems, Inc., Burns Engineering, Inc., Infojini Inc., Satwic\nInc., and Sierra Cybernetics, Incorporated to support information technology operations on an on-\ncall, as-needed basis for a three-year term; (4) authorize the Executive Director to execute and the\nBoard Secretary to attest said Agreements for and on behalf of the Board; and (5) adopt Resolution\nNo. ____________.\nRegular Item Nos. (8 – 10)\nConstruction & Maintenance

8. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 40052 TO HAAKER\nEQUIPMENT COMPANY FOR THE PURCHASE OF ELGIN EV STREET SWEEPER\nSummary: Staff requests approval of Contract No. 40052 (Contract) with Haaker Equipment\nCompany (Haaker) of La Verne, California, for the one-time purchase of one Elgin Broom Bear All\nElectric EV Street Sweeper (EV Sweeper) to replace an existing compressed natural gas (CNG)\npowered sweeper. The cost of the EV Sweeper is $956,612.50 including sales tax, delivery and\ntraining. The price is based on the Sourcewell Cooperative Purchasing Agreement – Contract #\n093021-ELG, between Sourcewell and Elgin Sweeper Company. The EV Sweeper is eligible for\nthe California State’s zero-emission (ZE) vehicle incentive funding through the Hybrid and Zero-\nEmission Truck and Bus Voucher Incentive Project (HVIP) and if awarded, could offset the total\ncost by up to $150,000. The City of Los Angeles Harbor Department (Harbor Department) will be\nfinancially responsible for the payment of expenditures incurred under the proposed Contract, with\nthe potential offset of up to $150,000.\nRecommendation: Board to resolve (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 Contract No. 40052 with Haaker for the purchase of the EV Sweeper;\n(3) authorize the Executive Director or his designee to execute an HVIP Voucher Request Form\nand HVIP Voucher Redemption Form to receive HVIP funding towards the purchase of the EV\nSweeper; (4) authorize the Executive Director to execute and the Board Secretary to attest to\nContract No. 40052 for and on behalf of the Board; and (5) adopt Resolution No. ____________.\nCargo & Industrial Real Estate

9. RESOLUTION NO. ____________ - APPROVE TWELFTH AMENDMENT TO PERMIT NO.\n733 WITH FENIX MARINE SERVICES, LTD.\nSummary: Staff requests approval of the Twelfth Amendment (Amendment) to Permit No. 733\n(Permit) with Fenix Marine Services, Ltd. (FMS) which is necessary for the City of Los Angeles\nHarbor Department (Harbor Department) to undertake construction of the Berths 302-305 On-Dock\nRail Yard Expansion Project (Project). The proposed Project will add five loading/unloading tracks\nto the FMS terminal located at Pier 300, which will increase on-dock railyard capacity and enable\nmore cargo to be loaded onto trains via the on-dock railyard within the terminal. The Project cost is\n$51,900,000 of which, $37,378,743 will be funded through State and Federal grants secured by the\nHarbor Department. The Amendment makes the following notable changes to the Permit: 1) defines\nthe Project scope; 2) temporarily removes approximately 23 acres of the premises for the duration\nof the 24-month construction period and provides substitute premises adjacent to the terminal; 3)\nmodifies rent provisions and adds potential rent credits and damages clauses, all related to the\nProject; 4) increases the premises size from 292 acres to 302 acres at Project completion; 5)\ndesignates the rail added under the Project as a new parcel at a new fixed rate; and 6) adds Project-\nspecific indemnity provisions. The Harbor Department will be financially responsible for potentially\n$27,551,257 in costs, summarized as follows: payment of the $14,521,257 in remaining costs\nrelated to the Project; providing rent credits in the amount of $10,230,000; providing an additional\nrent credit not-to-exceed $1,000,000 arising from increased FMS operating costs during\nconstruction; as well as for payment of liquidated damages not-to-exceed $1,800,000 to FMS\nresulting from Project construction delays.\nRecommendation: Board to resolve (1) find that the Director of Environmental Management has\ndetermined that the proposed action has been previously evaluated pursuant to the requirements\nof the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles\nCity CEQA Guidelines; (2) approve the Twelfth Amendment to Permit No. 733 with Fenix Marine\nServices, Ltd.; (3) direct the Board Secretary to transmit the Twelfth Amendment to Permit No. 733\nto City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the\nExecutive Director to execute and the Board Secretary to attest to the Twelfth Amendment upon\napproval by City Council; and (5) adopt Resolution No. ___________.\nCargo Marketing

F. Reports of the Commissioners

G. Board Committee Reports\nNone

H. Presentation\nNone

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Items (1 – 7)\nConstruction & Maintenance

K. Closed Session