TITLE
Recommendation to declare ordinance amending approving, confirming and ratifying Ordinance No. HD-2314 of the Board of Harbor Commissioners of the City of Long Beach, which authorizes the execution and delivery by the Executive Director of an Agreement and Master Agreement, both with the City of Los Angeles, as well as documents referenced therein, and making certain findings and determinations relating thereto, read and adopted as read.
DISCUSSION
This matter is coming before the City Council due to the transfer of fee interest in the Agreement and Master Agreement.
The Port of Long Beach (“POLB”) and the Port of Los Angeles (“POLA”) formed the Alameda Corridor Transportation Authority (“ACTA”) Joint Powers Authority in order to acquire the properties required for the construction of the Alameda Corridor Project. The agreements with the Union Pacific and Southern Pacific railroads included properties beyond the Alameda Corridor project footprint. Those properties were acquired jointly by the Ports, each with an undivided fifty percent interest.
POLA will quitclaim to POLB its 50% fee interest in property totaling approximately 6.941 acres, and easement interest in property totaling approximately 4.406 acres. In addition, POLA will quitclaim to POLB 50% of its fee interest in approximately 2.930 acres to be jointly owned as tenants in common.
POLB will quitclaim to POLA its 50% fee interest in property (primarily in San Pedro) totaling approximately 21.975 acres, and easement interest in property totaling approximately 7.026 acres.
POLA will compensate POLB for the difference in property interests being exchanged by paying the sum of $9,148,155 to POLB.
POLB seeks the cooperation of the City of Los Angeles on the Pier B On-Dock Rail Support Facility Project (“Project”). POLB and POLA are concurrently entering into various agreements related to the Project. The agreements provide benefits to both POLB and POLA.
A significant portion of the Project is within the city limits of Los Angeles. POLB shall have the responsibility for the acquisition of all property needed for the Project using all reasonable efforts to acquire the property by negotiated purchase. If it becomes necessary to acquire property through the exercise of eminent domain, Los Angeles authorizes POLB to acquire the property in the name of the City of Long Beach.
The POLB Board of Harbor Commissioners approved the subject agreements at its meeting on October 14, 2019. Further details can be found in the attached Board memo.
The POLA Board of Harbor Commissioners approved the Master Agreement at its meeting on September 19, 2019.
Los Angeles City Council approved the Agreement on September 18, 2019 and will review the Master Agreement at its meeting on November 6, 2019.
This matter was reviewed by Principal Deputy City Attorney Charles Gale on October 10, 2019.
TIMING CONSIDERATIONS
City Council action is requested on November 5, 2019 in order to complete the transaction within calendar year 2019 to lessen impacts on the Pier B On-Dock Rail Support Project schedule, and to achieve time frames sought by Los Angeles.
FISCAL IMPACT
There is no fiscal impact to the City budget or the General Fund.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH APPROVING, CONFIRMING AND RATIFYING ORDINANCE NO. HD- 2314 OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH, WHICH AUTHORIZES THE EXECUTION AND DELIVERY BY THE EXECUTIVE DIRECTOR OF AN AGREEMENT AND MASTER AGREEMENT, BOTH WITH THE CITY OF LOS ANGELES, AS WELL AS DOCUMENTS REFERENCED THEREIN, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING THERETO
Respectfully Submitted,
MARIO CORDERO
EXECUTIVE DIRECTOR