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Regular Agenda - September 7, 2017

 

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REGULAR MEETING AGENDA
THURSDAY, SEPTEMBER 7, 2017 AT 8:30 A.M.

Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Patricia Castellanos
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


G. Approval of the Minutes

1. Special Meeting of August 10, 2017

2. Regular Meeting of August 17, 2017

H. Presentation

I. Board Reports of the Executive Director

Consent Items (1 - 7)

Cargo & Industrial Real Estate

1. RESOLUTION NO.____________ - ORDER APPROVING COMPENSATION RESET UNDER PERMIT NO. 238 WITH EQUILON ENTERPRISES LLC DBA SHELL OIL PRODUCTS US

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the compensation reset under Permit No. 238 with Equilon Enterprises, LLC dba Shell Oil Products US (Equilon) for the final five-year period of May 18, 2017 to May 17, 2022. Permit No. 238 grants Equilon the use of 50,965 square feet of City of Los Angeles Harbor Department (Harbor Department) land located on Fries Avenue, between Falcon and Pier A Streets, on Mormon Island for maintenance and operation of subsurface petroleum pipelines. Permit No. 238 has a 50-year term from May 18, 1972 through May 17, 2022, with a requirement for compensation reset every five years. Effective May 18, 2017, annual compensation for the first year of the reset period will be $76,447, with subsequent annual Consumer Price Index (CPI) adjustments.

Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 Order resetting compensation under Permit No. 238 with Equilon Enterprises, LLC dba Shell Oil Products US for the five-year period of May 18, 2017 through May 17, 2022; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 283; and (4) adopt Resolution No.____________ and Order No.____________.

 

Cargo Marketing

2. RESOLUTION NO.____________ - APPROVAL OF FIRST AMENDMENT FOR FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 12-3074 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LAXFUEL CORPORATION. FTZ 202, SITE 25

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests the approval of a First Amendment (First Amendment) of Foreign-Trade Zone (FTZ) Operating Agreement No. 12-3074 between the City of Los Angeles Harbor Department (Harbor Department) and LAXFUEL Corporation (LAXFUEL) to continue operating its facilities located within the Los Angeles International Airport and off-site facilities and pipelines for the storage and delivery of jet fuel serving the Los Angeles International Airport (LAX). The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. FTZ Operating Agreement No. 12-3074 (Agreement) between the Harbor Department and LAXFUEL has an original term of a five year agreement with three, five year renewal options. The original term commenced on October 1, 2012, and is set to expire on September 30, 2017. LAXFUEL wishes to continue operating its facilities and pipeline under the FTZ program and is requesting the Harbor Department to extend the Agreement, as required by the FTZ Board. The extension will be for five years at an annual compensation of $7,750 per year. Site 25 consists of seven storage terminals connected by pipelines totaling approximately 669.4 acres located LAX and off-site storage facilities. LAXFUEL will be operating its facilities under FTZ procedures as a multi-usage site. This proposed First Amendment will not require funding by the Harbor Department. This First Amendment includes updated Indemnification and Insurance language provisions. All remaining terms and conditions of the Agreement shall remain in full force and effect, except as amended herein. Upon approval, the agreement will extend for five years through September 30, 2022.

Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 First Amendment of the Foreign-Trade Zone Operating Agreement No. 12-3074 between the City of Los Angeles Harbor Department and LAXFUEL Corporation; (3) direct the Board Secretary to transmit the proposed First Amendment of Foreign-Trade Zone Operating Agreement No. 12-3074 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 First Amendment of Foreign-Trade Zone Operating Agreement No. 12-3074; and (5) adopt Resolution No.____________.

Construction and Maintenance

3. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AMERICAN MARINE CORPORATION FOR UNDERWATER DIVING SERVICES

Transmittal 1
Transmittal 2

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year agreement, with two one-year renewal options with American Marine Corporation (AMC) of San Pedro, California for on-call underwater diving services. The amount of this agreement shall not exceed $1,200,000 for the initial year, and $1,500,000 for each of two one-year renewal options, or a total of $4,200,000 over three years. This contract is the financial responsibility of the Harbor Department.

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) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreement (underwater diving services) can be performed more feasibly by an independent contractor than by City employees; (3) approve the Agreement with American Marine Corporation for a term of one year with two, one-year renewal options with an annual compensation amount not to exceed $1,200,000 in the first year; annual compensation amounts not to exceed $1,500,000 in the two renewal option years; and the total compensation amount not to exceed $4,200,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement and any renewal options therein; and (5) adopt Resolution No.____________.

Construction and Maintenance

4. RESOLUTION NO.____________ - INCREASE CONTRACT AUTHORITY AMOUNT FOR ANNUAL PURCHASE ORDER NO. 31703-17 WITH MONTGOMERY HARDWARE CO.

Transmittal 1
Transmittal 2

Summary: Staff requests that the Board of Harbor Commissioners approve an increase in the expenditure authority for Purchase Order No. 31703-17 with Montgomery Hardware Co., of Rancho Cucamonga, California, currently set at the amount of $149,000 per year, to $215,000 per year. This annual contract, which will expire on April 26, 2018, is administered by the Construction and Maintenance Division (C&M) and is for the purchase of frames, doors, and hardware, including installation services, for projects throughout the Port of Los Angeles (Port). The requested increase is necessary for C&M to complete current and planned capital and maintenance projects throughout the Port. Although the contract authority level would increase, the actual contract expenditures will not exceed the budget levels authorized in the C&M operating, Capital Improvement Program (CIP), and Maintenance Improvement Program (MIP) budgets. The Harbor Department is responsible for payment of expenses under this contract.

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 Purchase Order Change No. 7 to Purchase Order No. 31703-17 with Montgomery Hardware Co., in the amount of $66,000, increasing the annual expenditure authority from $149,000 to $215,000 annually; (3) authorize the Executive Director to execute and the Board Secretary to attest to said purchase order change; and (4) adopt Resolution No.____________.

Human Resources

5. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 15-3321 WITH vRIDE, INC. FOR COMMUTER VAN LEASING

Transmittal 1

Summary: Staff requests approval of the First Amendment to Agreement No. 15-3321 (Agreement), which changes the vendor name from vRide, Inc. to Enterprise Rent-A-Car Company of Los Angeles, LLC (Enterprise). The requested First Amendment is solely administrative to reflect the vendor's name change due to vRide, Inc. being acquired by Enterprise. All other terms and conditions of the Agreement remain unchanged. Agreement No. 15-3321 is a one-year agreement with two one-year renewal options, which the Board approved at its April 23, 2015, meeting in the not-to-exceed amount of $605,250, for the leasing of commuter vans in support of the Harbor Department's on-going commuter vanpool program. The original selection of vRide, Inc. was based on the competitive bid process performed by Los Angeles World Airports (LAWA) for its Contract No. DA-4898, and approved by the City Council at its May 20, 2014, meeting. The Harbor Department will continue to be financially responsible for payment of expenses incurred under this Agreement.

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 proposed First Amendment to Agreement No. 15-3321 to reflect vRide, Inc.'s name change to Enterprise Rent-A-Car Company of Los Angeles, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 15-3321; and (4) adopt Resolution No.____________.

Port Pilots

6. RESOLUTION NO.____________ - APPROVING SECOND TEMPORARY ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 330 - "CHARGES FOR PILOTAGE"

Transmittal 1
Transmittal 2

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a second Temporary Order amending the Port of Los Angeles (Port) Tariff No. 4 (Tariff No. 4) Section Three - "Charges for Pilotage". On June 1, 2017 the Board approved a Permanent and Temporary Order that was effective July 1, 2017. City Council approved the Permanent Order on August 16, 2017 that will become effective October 1, 2017. The first Temporary Order is effective through September 2017; therefore, a second Temporary Order is required to allow additional time for the Permanent Order to become effective during the intervening period September 28, 2017 through September 30, 2017.

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 1(31) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Temporary Order No.____________ to amend the Port of Los Angeles Tariff No. 4, Section Three - "Charges for Pilotage", Item No. 330; (3) authorize the Board Secretary to certify the adoption of the second Temporary Order by the Board and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to Charter Section 653(b), and transmit the Temporary Order to the Chief Wharfinger for implementation, and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (4) adopt Resolution No.____________.

Port Police

7. RESOLUTION NO.____________ - SECOND AMENDMENT TO AGREEMENT NO. 16-3312-A BETWEEN THE CITY OF LOS ANGELES MAYOR'S OFFICE AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR REIMBURSEMENT FOR PARTICIPATION IN THE LOS ANGELES/LONG BEACH URBAN AREA SECURITY INITIATIVE REGION, SECURING THE CITIES PROGRAM

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners (Board) approve the second amendment to Agreement No. 16-3312-A between the City of Los Angeles Mayor's Office (Mayor's Office) and the City of Los Angeles Harbor Department (Harbor Department) for the purpose of adding compliance language for federal grant award requirements, extending the term, and adding funds. This Agreement reimbursing staff hours for backfill and overtime (personnel costs) for Los Angeles Port Police Officers (Port Police) participation in training and exercises under the Securing the Cities (STC) Grant Program. The Mayor's Office has been awarded grant funds from the Department of Homeland Security (DHS) Domestic Nuclear Detection Office (DNDO) to oversee the cooperative efforts of program participants in developing and enhancing each participant as well as the broader Los Angeles/Long Beach (LA/LB) Urban Area Security Initiative (UASI) region's, nuclear and radiological detection and interdiction capabilities. The Mayor's Office is the Fiduciary Agent for the LA/LB region. The Mayor's Office requires program participants to execute an agreement reimbursing each participant. The term of this Amendment shall be from January 1, 2013 to October 14, 2017. The Harbor Department has been allocated a total of $226,365 over the course of the grant performance period for the reimbursement of personnel costs relating to the Port Police participation in the STC Program.

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 this Second Amendment adding compliance language, extending the term to October 14, 2017 and adding $16,365 in funds for reimbursement of personnel costs under the STC Program between the Harbor Department and the Mayor's Office; (3) authorize the Executive Director to execute and the Board Secretary to attest to amendments to this Agreement for the Securing the Cities Grant on behalf of the Board; (4) delegate authority to the Executive Director to approve any future amendments to this Agreement which are within his City Charter and Administrative Code contracting authority; and (5) adopt Resolution No.____________.

 

Regular Items (8 - 13)

Cargo & Industrial Real Estate

8. 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

9. 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

10. 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.____________.

Level I Coastal Development Permit Report

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

Executive Office

11. RESOLUTION NO.____________ - APPROVAL OF CITY OF LOS ANGELES HARBOR DEPARTMENT PORT-WIDE PROJECT LABOR AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE BUILDING TRADES

Transmittal 1
Transmittal 2

Summary: The City of Los Angeles Harbor Department (Harbor Department) has negotiated a ten year Port-wide Project Labor Agreement (POLA-PLA) with the building trade unions affiliated with the Los Angeles/Orange Counties Building and Construction Trade Council (Building Trades). The POLA-PLA will serve as a blanket agreement between the Harbor Department and the Building Trades hired to work on selected Capital Improvement Program (CIP) projects for a term of ten years. The POLA-PLA seeks to address unemployment and underemployment in concentrated poverty neighborhoods, particularly near the Port of Los Angeles (POLA), and seeks to advance the skills of the local labor pool. To this end, the POLA-PLA requires a hiring minimum of local resident workers and transitional workers. The Harbor Department has previously authorized Project Labor Agreements (PLAs) for selected large and complex construction projects, as well as a five year Port-wide agreement that was implemented on May 16, 2011. A PLA is a single pre-hire labor contract between a construction owner, contractor, and the Building Trades which sets wages and work rules. The implementation of a ten year POLA-PLA allows the Harbor Department to take advantage of the benefits of a PLA while saving valuable negotiation time by increasing the term of the agreement to 10 years. The POLA-PLA will apply to a predetermined list of construction projects.

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; (2) approve the Harbor Department 2017-2027 Project Labor Agreement; (3) direct the Board Secretary to transmit to the Los Angeles City Council for approval the 2017-2027 Project Labor Agreement pursuant to Section 373 of the City Charter; (4) authorize the Executive Director to execute the Harbor Department 2017-2027 Project Labor Agreement upon approval by City Council; and (5) adopt Resolution No.____________.

Executive Office

12. RESOLUTION NO.____________ - APPROVAL OF CITY OF LOS ANGELES HARBOR DEPARTMENT CONSTRUCTION CAREERS POLICY

Transmittal 1

Summary: The City of Los Angeles Harbor Department (Harbor Department) has negotiated a ten- year Port-wide Project Labor Agreement (POLA-PLA) with the building trade unions affiliated with the Los Angeles/Orange Counties Building and Construction Trade Council (Building Trades). The POLA-PLA will serve as a blanket agreement between the Harbor Department and the Building Trades hired to work on selected Capital Improvement Program (CIP) projects for a term of ten years. The POLA-PLA seeks to address unemployment and underemployment in concentrated poverty neighborhoods, particularly near the Port of Los Angeles (POLA), and seeks to advance the skills of the local labor pool. To this end, the POLA-PLA requires a hiring minimum of local resident workers and transitional workers. To ensure the POLA-PLA is properly implemented, staff recommends the approval of the revised Harbor Department Construction Careers Policy (Policy). A Policy was previously approved by the Board of Harbor Commissioners (Board) along with the 5-year POLA-PLA, but was modified to meet the current requirements reflected in the new 10-year POLA-PLA. The Policy determines stakeholder roles and responsibilities. It also includes an enforcement section that assesses Liquidated Damage on the Prime Contractor for non-compliance with the POLA- PLA requirements.

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; (2) approve Resolution No.____________ adopting the Harbor Department Construction Careers Policy; and (3) adopt Resolution No.____________.

Executive Office

13. RESOLUTION NO.____________ - APPROVAL OF AN EXTENSION TO ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY'S MAINTENANCE AGREEMENT

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the terms of a proposed sixth amendment to the Alameda Corridor Transportation Authority's (ACTA) Maintenance Agreement (Rail Corridor and Non-Rail Components) with Balfour Beatty Infrastructure, Inc. dated April 15, 2007 (Agreement). The Agreement expires on October 14, 2017. The terms of the amendment consist of a second six-month extension to the Agreement (Amendment) through April 14, 2018.

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 and provide mutual agreement to the terms of the Amendment which consists of a second extension to the term of the ACTA Maintenance Agreement for up to an additional six months ending on April 14, 2018; (3) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.

CLOSED SESSION

J. Closed Session Items

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 560 with Vopak Los Angeles, Inc.:

Property: Berths 187-191, Wilmington

City Negotiator: Michael Galvin

Tenant Negotiator: Mike LaCavera

Negotiating Parties: City and Vopak Los Angeles, Inc.

Under Negotiation: Price and Terms

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 827 with APM Terminals Pacific, Ltd.:

Property: Berth 400, Terminal Island

City Negotiator: Jack Hedge

Tenant Negotiator: John Ochs

Negotiating Parties: City and APM Terminals Pacific, Ltd.

Under Negotiation: Price and Terms

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to a proposed permit renewal with Praxair, Inc.:

Property: East Wilmington (Pacific Coast Highway near the Terminal Island Freeway)

City Negotiator: Jack Hedge

Tenant Negotiator: Brian Morgan

Negotiating Parties: City and Praxair, Inc.

Under Negotiation: Price and Terms

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping (North America) Holding Co., Ltd.:

Property: Berths 100-102, San Pedro

City Negotiator: Jack Hedge

Tenant Negotiator: Paul Nazzaro

Negotiating Parties: City and China Shipping (North America)
Holding Co., Ltd.

Under Negotiation: Price and Terms

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to a proposed development with WW Marine Composites, LLC:

Property: Berths 240Y & 240X, Terminal Island

City Negotiator: Jack Hedge

Tenant Negotiator: Bruce McHugh

Negotiating Parties: City and WW Marine Composites, LLC

Under Negotiation: Price and Terms

6. 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:
(twenty-five (25) cases).

7. THREAT TO PUBLIC SERVICES OR FACILITIES
(Government Code Section 54957)

Consultation with: Los Angeles Port Police Chief Thomas Gaszi

Location of Briefing: Port Police Building Department Operations Center, 330 S. Centre St., San Pedro, CA 90731

K. 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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