Los Angeles

Port of LA

November 16, 2023 Item #16

Agenda Item 16

16. RESOLUTION NO. ____________ - CONSENT TO TRANSFER OF PERMIT NO. 953\nFROM EVERGLADES COMPANY TERMINAL, INC TO LA TIL TERMINAL LLC AND\nAPPROVE THE SECOND AMENDMENT TO PERMIT NO. 953 WITH LA TIL TERMINAL\nLLC\nSummary: Staff requests approval of the following actions concerning Permit No. 953 (Permit\n953) between Everglades Company Terminal, Inc. (Everglades) and the City of Los Angeles\nHarbor Department (Harbor Department):\n• Consent to the transfer of Permit 953 from Everglades to LA TiL Terminal LLC and related\nassignment instrument due to a planned internal corporate restructuring; and,\n• Approve the proposed Second Amendment, which would allow revenues associated with\ncontainers loaded and/or discharged from vessels controlled by Mediterranean Shipping\nLine (MSC) at the adjacent China Shipping terminal to apply toward the Minimum Annual\nGuarantee (MAG) for the Everglades permit during calendar year (CY) 2022.\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) consent to the transfer of the Permit No. 953 from Everglades\nCompany Terminal, Inc. to LA TiL Terminal LLC; (3) consent to the Assignment and Assumption\nagreement between Everglades Company Terminal, Inc. and LA TiL Terminal LLC; (4) approve\nthe Second Amendment to Permit No. 953 with LA TiL Terminal LLC; (5) authorize the Executive\nDirector to execute and the Board Secretary to attest to the Second Amendment; and (6) adopt\nResolution No.____________.\nWaterfront & Commercial Real Estate\n17. RESOLUTION NO. ____________ - APPROVE MEMORANDUM OF\nUNDERSTANDING WITH LOS ANGELES DEPARTMENT OF WATER & POWER\nSummary: Staff requests approval of a Memorandum of Understanding (MOU) with the Los\nAngeles Department of Water & Power (LADWP) to allow the City of Los Angeles Harbor\nDepartment (Harbor Department) to access and enter approximately 2.3 acres of property\nowned by LADWP (Parcel A in Exhibit A) located south of Water Street and west of Avalon\nBoulevard in Wilmington, CA. The MOU is for a term of five years and will allow the Harbor\nDepartment to complete development and construction of park improvements and to operate\nand maintain these improvements as a public park. The park improvements are expected to\nbe completed in January 2024 as part of the of the Wilmington Waterfront Promenade and\nAvalon Promenade and Gateway Projects. The Harbor Department and LADWP are in the\nprocess of negotiating a larger land swap transaction that, when complete, will transfer Parcel A\nto Harbor Department ownership. Use of Parcel A under the MOU is being provided rent-free,\ntherefore the Harbor Department’s financial obligations will not be impacted by the approval of\nthe proposed MOU.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action has been previously evaluated pursuant to the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of\nthe Los Angeles City CEQA Guidelines; (2) find that it is in the best interest of the Harbor\nDepartment to enter into a Memorandum of Understanding with the Los Angeles Department of\nWater & Power to enter Los Angeles Department of Water & Power property for purposes of\ndevelopment, operations and maintenance activities at Parcel A; (3) approve the Memorandum\nof Understanding with Los Angeles Department of Water & Power; (4) authorize the Executive\nDirector to execute and the Board Secretary to attest to the Memorandum of Understanding;\nand (5) adopt Resolution No.____________.