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Harbor Commission

Regular Agenda - Feb. 19, 2015

Regular Agenda - February 19, 2015

 


REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 19, 2015 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731

BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

 

A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD

 

B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS

 

 

C. EXECUTIVE DIRECTOR REMARKS
 

 

D. REPORTS OF THE COMMISSIONERS

 

 

E. BOARD COMMITTEE REPORTS

 

 

F. APPROVAL OF THE MINUTES

January 22, 2015 Regular Meeting

 

G. PRESENTATION

 

 

H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 9)

Goods Movement

1. Re: RESOLUTION NO. ____________ - APPROVAL OF FUNDING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has been awarded $1 million in Measure R transportation funds from the South Bay Cities Council of Governments (SBCCOG) for the preliminary engineering and environmental documentation (PE/ED) phase of the proposed State Route (SR) 47/Vincent Thomas Bridge (VTB) and Front Street/Harbor Boulevard Interchange Reconfiguration project. This traffic safety and operational improvement entails: 1) replacement of the existing westbound (WB) loop off-ramp from the VTB (located south of the VTB), with a new WB loop off-ramp located north of the VTB; and 2) realignment of both existing WB and eastbound (EB) on-ramps to the VTB. To receive the Measure R funds, a Funding Agreement (FA) with the SBCCOG is required. This proposed project, which is located on the State Highway System (SHS), was initially identified in a Harbor Department study prepared in 2007, and as being needed sometime between the years 2020 and 2025, contingent upon the level of traffic growth over time. This interchange is an important transportation facility serving: the entire San Pedro Waterfront, including the World Cruise Center and Ports O'Call Village; the communities of San Pedro and Wilmington; and cargo terminals in the West Basin area of the Harbor District. Although these improvements are proposed on the SHS, the State of California (State) Department of Transportation (Caltrans) does not have funds, nor plans to implement any improvements to this important interchange. Hence, the Harbor Department is taking this opportunity to use available Measure R funds for this necessary first phase of project development. The project, which is currently estimated to cost about $25 million, is not presently contained in the Harbor Department's Capital Improvement Program (CIP) or Fiscal Year (FY) 2014-2015 budget. The Measure R funds will be used to pay for all consultant costs that will be incurred to assist staff in this phase of the project, which will be done in collaboration with Caltrans. Harbor Department funds are not required as a
match to the Measure R funds. The acceptance of these outside agency funds does not commit the Harbor Department at this time to construct the project nor complete the final design phase. Additionally, by completing this phase, the Harbor Department will be eligible to seek more transportation funds in the future to construct the project, contingent upon approval by the Board of Harbor Commissioners (Board).
Recommendation: Board resolve to (1) approve the Funding Agreement with the South Bay Cities Council of Governments for the State Route 47/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration substantially as to form; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, this Funding Agreement, for and on behalf of the Board; and (3) adopt Resolution No.____________.

 

Engineering

2. Re: RESOLUTION NO. ___________ - SECOND AMENDMENT TO PERSONAL SERVICE AGREEMENT NO. 08-2681 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HDR ENGINEERING, INC. FOR THE C STREET /I-110 ACCESS RAMP IMPROVEMENTS PROJECT ENGINEERING DESIGN SERVICES

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4

SUMMARY: On June 5, 2008, the Board of Harbor Commissioners (Board) approved the City of Los Angeles Harbor Department (Harbor Department) Agreement No. 08-2681 (Agreement) between the Harbor Department and HDR Engineering, Inc. (Consultant), located in Los Angeles, California, to provide environmental documentation and engineering design services for the C Street/I-110 Access Ramp Improvements Project for a contract amount of $3,228,000. On June 2, 2011, the Board approved the First Amendment to increase the contract amount by $500,000 and increase the contract term by five years to July 7, 2016. The revised contract amount was $3,728,000. The additional funds were for unforeseen design changes and additional environmental studies during the design period. The additional contract time was to have the Consultant, the Engineer of Record, prepare unforeseen design changes and provide design services during the construction period. This Second Amendment, if approved by the Board and Los Angeles City Council, will add $400,000 in funds to the contract (for a grand total amount of $4,128,000) and increase the contract term
by eleven months (to expire on June 7, 2017). These additional funds will be used on an "as needed basis" to provide additional design services throughout the construction period. Additional time is required to offset a six-month delay to the start of construction for obtaining permits from Caltrans and the City of Los Angeles, and to stagger the construction start date in relation to nearby projects. This additional contract time will allow the Consultant, to provide design services during construction through the project closeout.The Harbor Department is financially responsible for payment under this contract.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work covered under this Second Amendment can be performed more feasibly by an independent consultant rather than by City of Los Angeles employees; (2) approve this Second Amendment to Agreement No. 08-2681 with HDR Engineering, Inc. to increase the contract amount by $400,000 and extend the contract term by eleven months; (3) authorize and direct the Board Secretary to forward the Second Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter; (4) authorize the Executive Director to execute and Board Secretary to attest to the said Second Amendment for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.____________.

 

Port Police

3. Re: RESOLUTION NO. ___________ - SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF LOS ANGELES 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: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Subrecipient Agreement (Agreement) with the City of Los Angeles (City) for the purpose of reimbursing staff hours for backfill and overtime for Los Angeles Port Police (Port Police) participation in training and exercises under the Securing the Cities (STC) Grant Program. Reimbursements under the grant program are not to exceed an amount of $88,900. The City 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 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 has been designated as the Fiduciary Agent for the LA/LB region. The Mayor's Office requires program participants to execute an Agreement for reimbursing each participant. The term of this Agreement and subsequent agreement shall be from January 1, 2013 to September 14, 2017. Subsequent Agreements shall be submitted to the Harbor Department by the Mayor's Office. Reimbursement of salary and overtime cost is the financial responsibility of DNDO.
Recommendation: Board resolve to (1) approve this Agreement for reimbursement of personnel costs under the Securing The Cities Program between the Harbor Department and the City; (2) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement; (3) authorize the Executive Director to execute subsequent Securing the Cities Agreements for reimbursement of personnel costs under the Securing the Cities Program between the Harbor Department and the City, with substantially the same terms and conditions as the current Agreement during the remaining term of the grant program; and (4) adopt Resolution No.____________.

 

Business and Trade Development

4. Re: TEMPORARY ORDER NO. ____________ - AMENDING THE PORT OF LOS ANGELES TARIFF NO. 4, SECTION ONE - "DEFINITIONS", ITEM NO. 100 AND SECTION THIRTEEN - "PARKING CHARGES", ITEM NO. 1300 PERMANENT ORDER NO. ____________ - AMENDING THE PORT OF LOS ANGELES TARIFF NO. 4, SECTION ONE - "DEFINITIONS", ITEM NO. 100 AND SECTION THIRTEEN - "PARKING CHARGES", ITEM NO. 1300

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4


SUMMARY: Staff is recommending amending Port of Los Angeles Tariff No. 4 (Tariff No. 4) Section One - "Definitions", and Section Thirteen - "Parking Charges", amending tariff language that is no longer applicable, and increasing parking rates effective March 1, 2015 or thereafter upon approval by the Los Angeles City Council. The proposed daily rate would include the first hour of free parking and then be $2.00 per hour thereafter from the current $1.00. The proposed new maximum daily rates for a 24-hour day for standard vehicles would be:


Effective Date Maximum Charge per twenty-four (24) hour day per vehicle
($12 Current Rate) Oversized vehicles Maximum Charge per twenty-four (24) hour day per vehicle
3/1/2015 $16.00 $32.00
1/1/2016 $17.00 $34.00
1/1/2017 $18.00 $36.00

*Rates are inclusive of parking occupancy taxes

Monthly parking charges would increase to $80.00 per month from the current $61.00 and increase to $160.00 for oversized vehicles (there is not a current rate for oversized vehicles), as defined in the proposed amendment to Item No. 1300 of Tariff No. 4. Assuming the same number and duration of parked vehicles, the estimated additional revenue to the City of Los Angeles Harbor Department (Harbor Department) for calendar year 2015 would be $485,667. All rates are inclusive of the City of Los Angeles Vehicle Parking Occupancy Tax.
Recommendation: Board resolve to (1) approve the Amendments to Port of Los Angeles Tariff No. 4, Section One - "Definitions", Item No. 100, and Section Thirteen - "Parking Charges", Item No. 1300, subject to the California Association of Port Authorities' review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with California Association of Port Authorities procedure; (2) adopt Temporary Order No.____________ to amend the Port of Los Angeles Tariff No. 4, Section One - "Definitions", Item No. 100 and Section Thirteen - "Parking Charges", Item No. 1300; (3) adopt Permanent Order No.____________ to amend the Port of Los Angeles Tariff No. 4, Section One - "Definitions", Item No. 100 and Section Thirteen - "Parking Charges", Item No. 1300; (4) authorize the Board Secretary to certify to the adoption of the 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); (5) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); and (6) authorize the Board Secretary to execute the Temporary Order, Permanent Order and Ordinance amending Tariff No. 4 as stated above, and upon its publication, transmit the Orders and Ordinance to the Chief Wharfinger for implementation and posting to the City of Los Angeles Harbor Department's website.

Business and Trade Development

5. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE DEVELOPER AGREEMENT NO. 10-2823 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND WATSON LAND COMPANY, FTZ 202, SITES 10 AND 11

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes developer agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from Watson Land Company, (Watson) to execute its first renewal option to extend the term of FTZ Developer Agreement 10-2823 (Agreement) at FTZ 202, Sites 10 and 11, located in Carson, California. Watson is a real estate investment firm whose principal address is located in Carson, California. The original term of the Agreement is five years with three, five-year renewal options. The original Agreement commenced on May 1,2010 and is set to expire on April 30, 2015. Any change made to an original developer agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed First Amendment will extend the Agreement for five years through April 30, 2020. All remaining terms and conditions of the Agreement shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2823 between the City of Los Angeles Harbor Department and Watson Land Company to extend the agreement for five years; (2) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2823 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; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendments to Foreign-Trade Zone Developer Agreement No. 10-2823; and (4) adopt Resolution No.____________.

 

Business and Trade Development

6. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE DEVELOPER AGREEMENT NO. 10-2825 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND WATSON PARTNERS, L.P., FTZ 202, SITE 4

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes developer agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from Watson Partners, L.P. (Watson) to execute its first renewal option to extend the term of FTZ Developer Agreement 10-2825 (Agreement) at FTZ 202, Site 4, located in Carson, California. Watson is a real estate investment firm whose principal address is located in Carson, California. The original term of the Agreement is five years with three, five-year renewal options. The original Agreement commenced on May 1, 2010 and is set to expire on April 30, 2015. Any change made to an original developer agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed First Amendment will extend the Agreement for five years through April 30, 2020. All remaining terms and conditions of the Agreement shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2825 between the City of Los Angeles Harbor Department and Watson Partners, L.P. to extend the agreement for five years; (2) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2825 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; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendments to Foreign-Trade Zone Operating Agreement No. 10-2825; and (4) adopt Resolution No.____________.

Business and Trade Development

7. Re: RESOLUTION NO. _____________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE DEVELOPER AGREEMENT NO. 10-2824 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CARSON DOMINGUEZ PROPERTIES, L.P., FTZ 202, SITE 4

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes developer agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from Carson Dominguez Properties L.P. (Carson) to execute its first renewal option to extend the term of FTZ Developer Agreement 10-2824 (Agreement) at FTZ 202, Site 4, located in Carson, California. Carson is a real estate investment firm whose principal address is located in Newport Beach, California. The original term of the Agreement is five years with three, five-year renewal options. The original Agreement commenced on May 1, 2010 and is set to expire on April 30, 2015. Any change made to an original developer agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed First Amendment will extend the Agreement for five years through April 30, 2020. All remaining terms and conditions of the Agreement shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2824 between the City of Los Angeles Harbor Department and Carson Dominguez Properties, L.P. to extend the agreement for five years; (2) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Developer Agreement No. 10-2824 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; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendments to Foreign-Trade Zone Developer Agreement No. 10-2824; and (4) adopt Resolution No.____________.

Commission Office

8. Re: RESOLUTION NO. _____________ - APPROVAL OF TRAVEL FOR COMMISSION PRESIDENT, AMBASSADOR MARTINEZ ON A BUSINESS DEVELOPMENT TRIP TO WASHINGTON, D.C.
Recommendation: Board resolve to adopt subject Resolution No.____________.

Commission Office

9. Re: RESOLUTION NO. _____________ - APPROVAL OF TRAVEL FOR COMMISSION VICE PRESIDENT, DAVID ARIAN TO ATTEND THE 15TH ANNUAL CALIFORNIA MARITIME LEADERSHIP SYMPOSIUM IN SACRAMENTO, CALIFORNIA
Recommendation: Board resolve to adopt subject Resolution No.____________.

REGULAR ITEMS (10 - 14)

Real Estate

10. Re: RESOLUTION NO. ____________ - PROPOSED FOURTH AMENDMENT OF PERMIT NO. 787 WITH YANG MING MARINE TRANSPORT CORPORATION

Transmittal 1

SUMMARY: Permit No. 787 between the City of Los Angeles Harbor Department (Harbor Department) and Yang Ming Marine Transport Corporation (Yang Ming) grants use of approximately 186 acres at Berths 121-131 for container operations. The proposed Fourth Amendment to Permit No. 787 allows revenues associated with containers loaded and/or discharged from vessels controlled by Yang Ming at the adjacent China Shipping terminal to apply toward the Minimum Annual Guarantee (MAG) for the Yang Ming permit during calendar year (CY) 2014, and future compensation years, until rescinded in writing by the Executive Director.
Recommendation: Board resolve to (1) approve the Fourth Amendment to Permit No. 787 with Yang Ming Marine Transport Corporation; (2) direct the Board Secretary to transmit to the City Council for approval the Fourth Amendment of Permit No. 787 pursuant to City Charter 606; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Fourth Amendment of Permit No. 787; and (4) adopt Resolution No.____________.

Executive Office

11. Re: RESOLUTION NO. ____________ - PUBLIC ACCESS INVESTMENT PLAN

Transmittals

SUMMARY: The Public Access Investment Plan (Plan) provides a 10 year budgetary guideline for continued development and operations of the LA Waterfront at the Port of Los Angeles (Port) and other public benefit programs. The Plan proposes allocation of approximately $400 million over ten years. The Plan also proposes specific funding allocation for the following six public access projects in the 10 year capital improvement program planning: (1) Sampson Way & 7th Street Intersection Improvements; (2) Town Square at 6th Street; (3) Ports O’ Call Promenade and Parking; (4) Wilmington Waterfront Promenade and repurpose or demolition of former Catalina Freight Building; (5) Harry Bridges Blvd. Beautification between Island Ave. and Avalon Blvd.; and (6) Wilmington Waterfront Pedestrian Bridge. The majority of funding for these projects will be allocated in the first five years of the Plan. The Plan was revised as a result of a broad public outreach process including over 500 individual participants in community meetings and multiple community based organizations. In addition to approval of the Plan, staff requests the Board of Harbor Commissioners (Board) to direct staff to develop a Port-related economic development plan that benefits the public. If approved, such actions will not limit future Board discretion or authority to revise the Plan, including annual budget and ongoing project approvals. Annual spending under the Plan is subject to Board approval through the budget process.
Recommendation: Board resolve to (1) approve the Public Access Investment Plan; (2) direct staff to develop a Port-related economic development plan; and (3) adopt Resolution No.____________.

 

Environmental Management

12. Re: RESOLUTION NO. ___________ - PROPOSED REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ALTASEA AT THE PORT OF LOS ANGELES

Transmittal 1

SUMMARY: AltaSea at the Port of Los Angeles (AltaSea) has proposed modifications to the City Dock No.1 Marine Research Center Project (proposed modified Project) as originally approved by the Board of Harbor Commissioners (Board) and described and analyzed in the certified Final Environmental Impact Report (EIR) dated October 18, 2012, and as modified by Final EIR Addendum dated September 2013. AltaSea submitted its proposed modifications to the City of Los Angeles Harbor Department (Harbor Department) in an Application for Port Permit (APP) in June 2014. After review of this APP and ongoing discussion of the proposed changes with AltaSea, Harbor Department staff is ready to initiate the environmental review process for these changes. In the meantime, and parallel to discussions with AltaSea regarding its proposed project changes, the Harbor Department has also undertaken a review of ways to save costs on modifications to certain wharf improvements associated with improvements at Berth 57 that will eventually be required for this location in any event, regardless of the tenant. To facilitate that effort, on October 16, 2014, the Board approved an engineering design agreement and guaranty for studying alternative design concepts of wharf and ground improvements at Berth 57. Though this review is still being finalized, it now appears likely that the most efficient wharf design identified by staff will require modification to the environmental review carried out in the City Dock No.1 Marine Research Center Project EIR and Addendum. As a result, and in order to be efficient, staff proposes to combine environmental review of AltaSea's proposed project modifications and the Harbor Department's alternative wharf design. While the AltaSea lease requires that AltaSea reimburse the Harbor Department one hundred percent (100%) of all staff and consultant costs for preparation of the environmental assessment associated with its proposed project scope, to facilitate environmental review of these two elements, the parties agree that the Harbor Department shall be responsible for the portion of the environmental assessment costs associated with its proposed wharf improvements at Berth 57. The cost to prepare the environmental assessment for all project elements will be split 75% by AltaSea and 25% by the Harbor Department. Staff therefore recommends approval of a proposed Reimbursement Agreement (Agreement) for a term of three years, with an estimated amount of $1,000,000 to pay for the aforementioned environmental assessment activities, whereby the Harbor Department's cost to fund the portion of the environmental
assessment of wharf improvements at Berth 57 is 25% of the total estimated cost or approximately $250,000, and AltaSea's cost to fund the portion of the environmental assessment is 75% of the total estimated cost or approximately $750,000.
Recommendation: Board resolve to (1) approve the proposed Agreement with AltaSea at the Port of Los Angeles for the environmental assessment of the proposed modified Project for a contract term of three years and for an amount of $1,000,000 shared between the parties 75% by Alta Sea and 25% by the City of Los Angeles Harbor Department; (2) authorize the Executive Director to execute and the Board Secretary to attest to, said Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.

Planning and Economic Development

13. Re: RESOLUTION NO. ___________ - APPROVAL OF A LETTER OF INTENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LA WATERFRONT ALLIANCE FOR THE COMMERCIAL REDEVELOPMENT OF PORTS O' CALL

Transmittal 1

Transmittal 2

SUMMARY: It is recommended that the Board of Harbor Commissioners (Board) approve a Letter of Intent (LOI) between the City of Los Angeles Harbor Department (Harbor Department) and LA Waterfront Alliance (Developer), a collaboration between The Ratkovich Company and Jerico Development. The Harbor Department has been in negotiations with the Developer since March 2013, under an Exclusive Negotiating Agreement (ENA). Recently the parties have reached agreement on several critical issues that will allow the term sheet negotiation process and project concept scoping to advance. The parties are now focused on expedited delivery of the initial phase of the Developer's project concept. The LOI recognizes the progress made to date and the parties' intent to reach agreement on a defined project scope and term sheet within the next four months. During the term of the LOI, the Harbor Department and Developer are responsible for their own costs incurred related to the performance of their due diligence activities, with the exception of any California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) compliance costs, which may result from the eventual project scope. If CEQA/NEPA costs occur, the parties' financial obligations will be memorialized in a cost share agreement, based on an agreed percentage split of 25 percent to the Harbor Department and 75 percent to the Developer.

Recommendation: Board resolve to (1) approve the Letter of Intent between the City of Los Angeles Harbor Department and LA Waterfront Alliance; (2) authorize the Executive Director to execute and the Board Secretary to attest to said successor Letter of Intent, for and on behalf of the Board; and (3) adopt Resolution No.____________.

Environmental Management

14. Re: RESOLUTION NO. ___________ - BUDGETARY TRANSFER TO RECORD THE REMEDIATION OBLIGATION FOR THE SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY INTERMODAL NEAR-DOCK FACILITY AND THE FRONT STREET BEAUTIFICATION PROJECTS
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting a budgetary transfer in the amount of $2,908,000 from the Harbor Department's Capital Improvement Program budget to the Operating Expense budget. The transfer will allow the Harbor Department to commence remediation activities for the Southern California International Gateway (SCIG) Intermodal Near-dock Rail Facility ($1,560,000) and the Front Street Beautification Corridor ($1,348,000) projects. In compliance with the Government Accounting Standards Board (GASB) Statement No. 49, the total cost of the remediation for these projects will be reflected as an expense and the future spending obligations will be reflected as a liability in the Harbor Department's balance sheet. This budgetary transfer requires the approval of the Board of Harbor Commissioners (Board) as well as the Mayor, in compliance with the Los Angeles City Charter Section 343(b). The Harbor Department is financially responsible for these costs.
Recommendation: Board resolve to (1) approve a $2,908,000 million budgetary transfer from the Capital Improvement Program Budget Account 13807, Center 1000, Program 000 to the Operating Expense Budget Account 59960, Center 0330, Program 000 to record the remediation obligation for the Southern California International Gateway Intermodal Near-dock Rail Facility and the Front Street Beautification projects in compliance with the Government Accounting Standards Board Statement No. 49; (2) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (3) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(b) of the City Charter at the time such transfer is made; and (4) adopt Resolution No.____________.

I. CLOSED SESSION

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

Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O'Call site:

Property: Berths 74-83, San Pedro, California

City Negotiator: Michael Galvin

Tenant Negotiators: Eric Johnson, Brian Saenger

Negotiating Parties: City and LA Waterfront Alliance

Under Negotiation: Price and Terms

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

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