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Regular Agenda - November 16, 2017

 

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REGULAR MEETING AGENDA
THURSDAY, NOVEMBER 16, 2017 AT 8:30 A.M.

Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

__________________________________________________________________________________


ORDER OF BUSINESS

 

OPEN SESSION

A. Roll Call

 

B. Executive Director Remarks

C. Comments from the Public on Non-Agenda Items

D. Report from the Neighborhood Council Representatives

E. Reports of the Commissioners

F. Board Committee Reports

1. ACTA Audit Meeting of November 9, 2017

2. Special ACTA Board Meeting November 9, 2017

G. Approval of the Minutes

1. Regular Meeting of October 19, 2017

2. Special Meeting of October 19, 2017

3. Special Joint LA/LB Clean Air Action Plan Meeting of November 2, 2017

H. Presentation

I. Level I Coastal Development Permit Report (Part I)

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

The Executive Director has approved two Level I CDPs:

CDP No. 17-12 Los Angeles Fire Department - Carports at Five Fire Stations
CDP No. 17-13 SpaceX - Storage Tent and Fencing at 801 S. Reeves Avenue

J. Board Reports of the Executive Director

Consent Items (1-12)

Commission Office

1. RESOLUTION NO.____________ - ADOPTION OF THE 2018 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR

Recommendation: Board resolve to adopt subject Resolution No.____________.

Commission Office

2. RESOLUTION NO.____________ - APPROVAL FOR COMMISSION VICE-PRESIDENT DAVID ARIAN'S TRAVEL TO ASIA ON A BUSINESS DEVELOPMENT TRIP

Recommendation: Board resolve to adopt subject Resolution No.____________.

 

Executive Office

3. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION'S REQUEST TO FUND A PROJECT FOR A SAN PEDRO NOISE ASSESSMENT STUDY AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the Harbor Community Benefit Foundation's (HCBF) request to use funds from the Port Community Mitigation Trust Fund (PCMTF) to perform a noise assessment study in San Pedro. This study would measure and identify zones within San Pedro with noise impacts from the Port of Los Angeles, similar to the noise assessment study completed in Wilmington in 2012. Staff further requests that the Board approve the transfer of $105,270 from the Port Community Mitigation Trust Fund (PCMTF) to HCBF in order to fund this noise assessment study in accordance with the requirements of the TraPac Memorandum of Understading (MOU). The financial responsibility for funding the $105,270 resides solely with the HCBF through the proposed funds transference from the PCMTF.

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 Harbor Community Benefit Foundation's recommendation to fund a project from the Port Community Mitigation Trust Fund to undertake a noise assessment study of San Pedro; (3) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $105,270 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with the Harbor Community Benefit Foundation's request; and (4) adopt Resolution No.____________.

Executive Office

4. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION'S COMMUNITY BENEFIT GRANT PROGRAM, ROUND 5 SELECTION OF TEN PROJECTS TO RECEIVE GRANT AWARDS AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve Harbor Community Benefit Foundation's (HCBF) selection of 10 projects to receive awards from the Community Benefit Grant Program, Round 5 and transfer $330,019 from the Port Community Mitigation Trust Fund (PCMTF) to HCBF. The PCMTF was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects and grants addressing port-related impacts for the communities of San Pedro and Wilmington. The HCBF, an independent nonprofit organization established to operate the PCMTF, is responsible for identifying qualifying projects to receive grant funding from the PCMTF to be approved by the Board. The HCBF Board of Directors has selected 10 projects to receive funding for the fifth round of the Community Benefit Grant Program, and is requesting Board approval of the award recipients and transfer of funds from the PCMTF, in accordance with the requirements of the TraPac Memorandum of Understanding (MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). The proposed projects have a Tidelands nexus and will mitigate, reduce and address the Port of Los Angeles’ (Port) impact on the local communities of in Wilmington and San Pedro. Upon approval, $330,019 will be transferred from the PCMTF to HCBF for 10 total grant awards. Upon the transfer of funds from the PCMTF to HCBF, HCBF will be financially responsible for the proposed projects and for the disbursement of funds to grantees in accordance with the TraPac MOU, Operating Agreement and the Grant Agreements. The Harbor Department funded the original PCMTF, but no additional payments from the Harbor Department will be required to fund this request.

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 Harbor Community Benefit Foundation's selection of 10 projects to receive awards from the Community Benefit Grant Program Round 5, funded by the Port Community Mitigation Trust Fund; (3) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $330,019 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation's request; and (4) adopt Resolution No.____________.

Executive Office

5. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 2634 AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, THE CITY OF LONG BEACH AND THE WEST COAST MARINE TERMINAL OPERATOR AGREEMENT, FEDERAL MARITIME COMMISSION AGREEMENT NO. 201178

Transmittal 1
Transmittal 2

Summary: Staff requests approval of a first amendment to Federal Maritime Commission (FMC) Agreement No. 201178 among the Cities of Los Angeles, Long Beach and the West Coast Marine Terminal Operators Association (WCMTOA), City of Los Angeles Harbor Department Agreement No. 2634 (Agreement) in order to update WCMTOA member names and addresses and update WCMTOA membership information. The Agreement provides immunity from federal anti-trust laws, as provided for under the Shipping Act of 1984, so that the City of Los Angeles Harbor Department (Harbor Department), the Port of Long Beach (collectively "the Ports") and WCMTOA may collect and exchange information, engage in discussion and reach agreement with respect to the administration and operation of environmental programs, supply chain efficiencies at the terminals, and reduce and/or prevent congestion at the Port facilities. The Harbor Department is financially responsible for payment of one-third or $175.33 of the $526 FMC filing fee. There will not be any other ongoing costs directly associated with the Agreement.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Amended Agreement between the City of Los Angeles Harbor Department, the City of Long Beach, and the West Coast Marine Terminal Operators Association; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement, for and on behalf of the Board; and (4) adopt the foregoing as Resolution No.____________.

Environmental Management

6. RESOLUTION NO.____________ - APPROVAL OF AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LIGHTHOUSE YACHT LANDING AND MARINA VENTURES PARTNERSHIP

Transmittal 1
Transmittal 2

Summary: Staff requests approval of two proposed Agreements (Agreements) between the City of Los Angeles Harbor Department (Harbor Department) and two marina operators located in the Wilmington District. These marina operators are: Lighthouse Yacht Landing and Marina Ventures Partnership (dba Holiday Harbor - Wilmington). The Agreements allow for distribution of funds the Harbor Department received from SA Recycling as part of a Stipulated Final Judgment between the State of California and SA Recycling. Funds are to be distributed to individual marina operators and are to be used to target water and sediment pollution sources, as identified in the Port of Los Angeles (Port) and Port of Long Beach Water Resources Action Plan (WRAP). The Agreements will allow three years for the purchase and installation of approved items and to fully expend funds, thereby garnering maximum benefit to water and sediment quality. Each marina operator will receive up to $16,500.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Agreement with Lighthouse Yacht Landing for a term of three years for the total not-to-exceed amount of $16,500; (3) approve the Agreement with Marina Ventures Partnership for a term of three years for the total not-to-exceed amount of $16,500; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.

Environmental Management

7. RESOLUTION NO. ____________ - SECOND AMENDMENT TO AGREEMENT NO. 12-3049 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LONG BEACH HARBOR DEPARTMENT FOR HOSTING THE PORTS' DRAYAGE TRUCK REGISTRY

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners (Board) to approve the proposed Second Amendment to Agreement No. 12-3049 (Agreement) with the City of Long Beach Harbor Department (Long Beach Harbor Department) to host and maintain the Ports' Drayage Truck Registry (PDTR). The proposed Second Amendment will extend the term of the Agreement three years to December 31, 2020. No additional funding authority will be added to the Agreement. In order to support the Clean Truck Programs for the Ports of Los Angeles and Long Beach (Ports), the City of Los Angeles Harbor Department (Harbor Department) entered into the Agreement in January 2012 with the Long Beach Harbor Department to host and maintain the PDTR, an extensive database containing critical information on all trucking companies and drayage trucks servicing the Ports' terminals. In December 2014, the Agreement was amended to extend the term three additional years to December 31, 2017. The Long Beach Harbor Department has been successfully providing ongoing PDTR hosting and maintenance services for the Ports since September 2009. The Harbor Department and Long Beach Harbor Department share the cost for these services equally. A remaining authority of $145,500 under the Agreement is sufficient to cover the Harbor Department's $102,000 share for the three-year additional term of the Second Amendment.

Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) accept and approve the proposed Second Amendment to extend the term of Agreement No. 12-3049 between the City of Los Angeles Harbor Department and the City of Long Beach Harbor Department for maintenance and hosting the Port Drayage Truck Registry through December 31, 2020; (3) authorize the Executive Director to execute and Board Secretary to attest to said Second Amendment for and behalf of the Board; and (4) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

8. RESOLUTION NO.____________ - APPROVE ORDER RESETTING COMPENSATION UNDER CONCESSION AGREEMENT NO. 791 WITH CALIFORNIA YACHT MARINA-CABRILLO, LLC

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Order resetting compensation under Concession Agreement No. 791 (CA 791) which grants California Yacht Marina-Cabrillo, LLC (CYMC) the use of City of Los Angeles Harbor Department (Harbor Department) property located within the Phase 1 of the West Channel Development Area in San Pedro. CA 791 provides for the construction, operation, and maintenance of a facility for a recreational vessel marina and related uses, including dry storage of vessels and for incidental purposes. This proposed Order resetting compensation covers the five-year period from January 1, 2018 through December 31, 2022, and is consistent with the methodology for calculating fixed minimum rent (FMR) established in the previous compensation reset. Both FMR and percentage rent are proposed to remain unchanged. The FMR will be set at $1,004,256 and will be subject to annual adjustments based on the Consumer Price Index (CPI).

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Order resetting compensation under Concession Agreement No. 791 for the five-year period from January 1, 2018 through December 31, 2022; (3) authorize the Board Secretary to attest to the Order under Concession Agreement No. 791 resetting compensation to be paid by California Yacht Marina-Cabrillo, LLC pursuant to Section 4(1) of Concession Agreement No. 791; and (4) adopt Resolution No.____________ and Order No.____________.

 

Cargo Marketing

9. RESOLUTION NO.____________- APPROVAL OF FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BOARDRIDERS, INC. FTZ 202, SITE 20C

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests the approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Boardriders, Inc. (Boardriders) to operate its warehouse within FTZ 202, Site 20C, located at 11310 Cantu Galleano Ranch, Mira Loma, California 91752. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreement with FTZ site operators to oversee their FTZ operations. Site 20C consists of a warehouse totaling approximately 683,200 square feet and office space on 37.85 acres located approximately 50 miles northeast of the Port of Los Angeles. Boardriders will be operating its warehouse under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options, with compensation set at $10,000 annually and a total of $50,000.

Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1 (14), of the Los Angeles City CEQA Guidelines; (2) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Boardriders, Inc.; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.____________.

Engineering

10. RESOLUTION NO.____________ - MEASURE R FUNDING AGREEMENT NO. 920000000MR312.32 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE STATE ROUTE 47/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT

Transmittal 1
Transmittal 2


Summary: Staff requests the Board of Harbor Commissioners (Board) adopt a resolution approving the Measure R Funding Agreement No. 920000000MR312.32 (Agreement) in the amount of $540,000 between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles County Metropolitan Transportation Agency (LACTMA) for the Project Approval/Environmental Documentation (PA/ED) of the State Route 47/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R Funding Agreement No. 920000000MR312.32 in the amount of $540,000 between the Harbor Department and LACMTA; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement on behalf of the Board; (4) upon execution of the LACMTA Measure R Funding Agreement by the Executive Director, authorize the Board Secretary to mail three originals of the Agreement to Los Angeles County Metropolitan Transportation Authority, One Gateway Plaza, MS 99-22-3, Los Angeles, CA 90012-2952; and (5) adopt Resolution No.____________.

Government Affairs

11. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 17-3488 WITH HOLLAND AND KNIGHT LLP, FOR FEDERAL GOVERNMENT ADVOCACY SERVICES IN WASHINGTON, D.C. FOR CYBERSECURITY ADVOCACY SERVICES

Transmittal 1

Summary: Staff requests approval of a First Amendment to Agreement No. 17-3488 with Holland and Knight LLP, which was approved by the Board of Harbor Commissioners on April 7, 2017. This Agreement provides the City of Los Angeles Harbor Department (Harbor Department) with federal government advocacy services in Washington, D.C. The proposed First Amendment extends the scope of work to include specialized cyber security policy and regulatory advocacy and consulting services and increases the total compensation amount by $114,833. In addition, travel authority for $33,000 is included in the First Amendment. The Harbor Department is financially responsible for expenses incurred under the proposed First Amendment.

Recommendation: Board resole to (1) find 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 as determined by the Director of Environmental Management; (2) find that in accordance with the Los Angeles City Charter (Charter), Section 1022, work under the subject Agreements are temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve the proposed First Amendment to Agreement No. 17-3488 with Holland & Knight LLP, located in Washington, D.C. The proposed First Amendment extends the scope of work to include specialized cyber security policy and regulatory advocacy and consulting services and increases the total compensation amount by $114,833. In addition, travel authority for $33,000 is included in the First Amendment; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed First Amendment to Agreement No. 17-3488 with Holland and Knight LLP; and (5) adopt Resolution No.____________.

Government Affairs

12. RESOLUTION NO.____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE COUNTY OF MERCED REGARDING THE MID-CALIFORNIA INTERNATIONAL TRADE DISTRICT AT CASTLE COMMERCE CENTER

Transmittal 1

Summary: The City of Los Angeles Harbor Department (Department) is seeking ratification of a Memorandum of Agreement (MOA) with the County of Merced regarding the Mid-California International Trade District (District) at Castle Commerce Center executed by the Executive Director. The MOA should have been presented to the Board of Harbor Commissioners prior to its execution due to its term. The Department views regions within the State as valuable to its competitiveness, and views California's Central Valley region as uniquely attractive for its business growth. The Department seeks ratification of the MOA with the County of Merced to pursue joint business development and policy advocacy in order to develop commerce through the Port of Los Angeles and support economic development at the Mid-California International Trade District. The MOA will become effective upon its full ratification and is for a term not to exceed two (2) years.

Recommendation: Board resolve to (1) ratify the Memorandum of Agreement between the City of Los Angeles Harbor Department and the County of Merced regarding the Mid-California International Trade District at Castle Commerce Center; (2) ratify the Executive Directors execution, and authorize the Board Secretary to attest to, the proposed Memorandum of Agreement for and on behalf of the Board; (3) authorize the Executive Director and/or his designee to work with the County of Merced to effectuate the responsibilities outlined in the Memorandum of Agreement; and (4) adopt Resolution No.____________.

 

Regular Items (13-17)

Media Relations

13. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND STATUS NOT QUO, INC. FOR WEBSITE SUPPORT SERVICES

Transmittal 1
Transmittal 2

Summary: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a three-year agreement for the not-to-exceed amount of $900,000 with Status Not Quo, Inc. (Status Not Quo, or SNQ), a creative services and technical production firm headquartered in Valencia, Calif., with offices in El Segundo and Long Beach, to provide as-needed website design and development, mobile design and development, hosting, and related support services for all Port of Los Angeles-branded websites, including but not limited to the following domains: portoflosangeles.org, lawaterfront.org, tradeconnect.org, laporthistory.org, and lafleetweek.com. Costs incurred, including the outside services costs proposed herein, for website management and hosting are the financial responsibility of the Harbor Department.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve the three-year agreement with Status Not Quo, Inc. for a term of three years at an amount not-to-exceed $900,000; (4) approve budgetary transfer of $450,000 from the Unappropriated Balance to Cost Center 0250, Account No. 54130, Program No. 000; (5) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (6) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time of such transfer is made; (7) authorize the Executive Director to execute and the Board Secretary to attest to the said agreement; and (8) adopt Resolution No.____________.

Cargo & Industrial Real Estate

14. RESOLUTION NO.____________ - APPROVE SUCCESSOR PERMIT WITH PRAXAIR, INC. TO OPERATE AND MAINTAIN AN AIR SEPARATION PLANT IN EAST WILMINGTON

Transmittal 1
Transmittal 2

Summary: Staff requests approval of a new term Permit between the City of Los Angeles Harbor Department (Harbor Department) and Praxair, Inc. (Praxair) to replace Lease No. 88, a 50-year term lease. Praxair currently operates and maintains an air separation facility and several supply pipelines at 2300 E. Pacific Coast Highway in East Wilmington. This facility separates gases from the ambient air and individually separates the elements (such as nitrogen and oxygen) so that they can be used for specific industrial purposes. The gas plant supplies the local refineries with industrial gases that are essential to the refining process. The proposed replacement Permit is for a term of ten years with two options to extend the Permit ten years each, for a total potential term of 30 years. Annual revenue under the proposed Permit will be $1,063,250.76 per year with annual Consumer Price Index (CPI) based adjustments.

Recommendation: Board resolve to (1) find that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the proposed Permit with Praxair, Inc.; (3) direct the Board Secretary to transmit the Permit to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Permit upon approval by City Council; and (5) adopt Resolution No.____________.

Cargo & Industrial Real Estate

15. RESOLUTION NO.____________ - APPROVE INDEMNITY AGREEMENT WITH HARBOR PERFORMANCE ENHANCEMENT CENTER, LLC

Transmittal 1
Transmittal 2

Summary: Staff requests approval of an Indemnity Agreement (Agreement) with the Harbor Performance Enhancement Center, LLC (HPEC). If approved, the Indemnity Agreement will indemnify the City of Los Angeles Harbor Department (Harbor Department) against any and all claims associated with its review, as lead agency, under California Environmental Quality Act (CEQA) activities, and the reimbursement, not to exceed $200,000, for Harbor Department staff time. The CEQA assessment is related to the proposed development of the former U.S. Customs House and Los Angeles Export Terminals (LAXT) facility (Project site) and a pilot study to market-test the validity of HPEC's proposed operational model. The site of the pilot study will be granted under a Revocable Permit No. 17-05, to be presented to the Board of Harbor Commissioners for approval as a separate item. Approval of the Agreement will protect the Harbor Department against the costs (i.e., legal fees) associated with the defense of a lawsuit for any claim regarding the approval of the CEQA assessments for the project and pilot study and any and all entitlements or conditions necessary for development of the Project site.

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) approve the Indemnity Agreement with Harbor Performance Enhancement Center, LLC; (3) direct the Board Secretary to transmit the proposed Indemnity Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Indemnity Agreement; and (5) adopt Resolution No.____________.

Cargo & Industrial Real Estate

16. RESOLUTION NO.____________ - APPROVE REVOCABLE PERMIT NO. 17-05 WITH HARBOR PERFORMANCE ENHANCEMENT CENTER, LLC

Transmittal 1
Transmittal 2

Summary: Staff requests approval of a Revocable Permit No. 17-05 (RP) with Harbor Performance Enhancement Center, LLC (HPEC) for use of City of Los Angeles Harbor Department (Harbor Department) land on Terminal Island. Approval of the proposed RP will allow HPEC use of approximately 10 acres for a period not to exceed 13 months, to conduct a pilot study to market-test the proposed full-scale use of the site. As part of both parties’ due diligence to test the feasibility of the Project, and to develop its project description for the California Environmental Quality Act (CEQA), the proposed RP and Private Railroad Crossing Agreement (PRCA) will allow HPEC to collect data on container dwell time at the site, ingress and egress times, and an analysis of impacts to container terminal throughput, gate turn-time improvements, and other efficiencies in the system. The data will help determine best approaches to improving container movement and cargo velocity in San Pedro Bay and will be shared with the Harbor Department to supplement current and future traffic and cargo movement analyses. The results of the study will also inform the full-scale project description for the required CEQA studies and resultant reports. An inter-dependent PRCA is required to ensure access to the pilot study site is adequate for the purposes of the test. The PRCA is being presented separately for approval as a concurrent item, as this RP is not feasible without the PRCA and the PRCA has no purpose without the RP. Compensation under the RP shall be $24,119.86 per month. In addition, HPEC shall provide on a monthly basis, a list of deliverables generated from its pilot study. HPEC will assume all development, construction, and maintenance obligations for the site.

Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 4(7) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Revocable Permit with Harbor Performance Enhancement Center, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (4) adopt Resolution No.____________.

Cargo & Industrial Real Estate

17. RESOLUTION NO.____________ - APPROVE PRIVATE RAILROAD CROSSING AGREEMENT WITH HARBOR PERFORMANCE ENHANCEMENT CENTER, LLC

Transmittal 1
Transmittal 2

Summary: Staff requests approval of a Private Railroad Crossing Agreement (PRCA) with Harbor Performance Enhancement Center, LLC (HPEC) for the purpose of providing adequate access to the proposed Premises under Revocable Permit No. 17-05 (RP), located on City of Los Angeles Harbor Department (Harbor Department) land on Terminal Island. Under a separate, but inter-dependent action, approval of the RP with HPEC is being considered for the proposed use of approximately 10 acres, for a period not to exceed 13 months, to conduct a pilot study to market-test the validity of HPEC’s proposed operational model to study certain proposed approaches to improve container movement efficiency and cargo velocity at the container terminals. The results of the study will be shared with the Harbor Department and used to inform the full-scale project description for the required California Environmental Quality Act (CEQA) study and report. The PRCA is not a stand-alone rental agreement. Rather, it is part and parcel to the RP for the proposed pilot study whose compensation and term is concomitant with the RP. If the RP is not approved, there is no need at this time for the PRCA. Approval of the PRCA is only to provide HPEC with access to the proposed Premises under the RP sufficient to conduct the proposed pilot study. As such, HPEC will be required to install and maintain certain railroad crossing improvements in accordance with Public Utilities Commission regulations for the safe use of the at-grade private crossing. Such improvements will be subject to staff review and the issuance of a Harbor Engineer Permit.

Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 4(7) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Private Railroad Crossing Agreement with Harbor Performance Enhancement Center, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Private Railroad Crossing Agreement; and (4) adopt Resolution No.____________.

K. Level I Coastal Development Permit Report (Part 2)

Transmittal 1
Transmittal 2

The Executive Director has approved one Level I CDP:

CDP No. 17-09 Harbor Performance Enhancement Center - 10-acre Peel-off Yard Pilot Project on Terminal Island

CLOSED SESSION

L. Closed Session Items

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)

Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: California United Terminal Inc.
Agency claimed against: City of Los Angeles

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)

Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9 (one case).

3. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)

Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:
(one case).

M. Adjournment


 

Los Angeles Harbor Commission


BOARD MEETINGS
The Board's Regular Meetings are the first and third Thursday of each month at 8:30 A.M. at the Harbor Administration Building Boardroom or as scheduled on the Port's website at www.portoflosanageles.org. A quorum of three of five Commissioners is required to transact business and three Aye votes are required to carry a motion. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.

Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will post the revised agenda on the Port's web site (http://www.portoflosangeles.org). Updated agendas will also be available at the meeting. Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor). As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission Office at (310) 732-3444.

Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.

OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE BOARD
Before reaching those portions of the agenda where Board action is requested, members of the public will be given an opportunity to address the Board on items of interest within the subject matter jurisdiction of the Board (general public comment). Thereafter, members of the public will be given an opportunity to address the Board on any item on the consent or regular agendas prior to or during the Board's consideration of that item. The same opportunity will be given in open session regarding the closed session agenda prior to commencement of closed session. Members of the public who wish to speak during general public comment are to complete a speaker card so indicating. Members of the public who wish to speak regarding a particular agenda item(s) are to complete a speaker card(s) for each such item. Agendas for special meetings will permit the public to address particular agenda items even where the agenda does not include general public comment. Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine whether such period of time should be reduced or extended based upon such factors as the length of the agenda or substance of the agenda items, the number of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable, and whether the Board is at risk of losing a quorum, among other factors.

If you wish to provide documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official record.

 
 
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