Regular Agenda - December 14, 2017


REGULAR MEETING AGENDA
THURSDAY, DECEMBER 14, 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. ICTF Committee Meeting of December 6, 2017


G. Approval of the Minutes

1. Regular Meeting of November 16, 2017

 

H. Presentation

1. 2018 Port of Los Angeles Calendar

I. Level I Coastal Development Permit Report

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6

The Executive Director has approved three Level I CDPs:

CDP No. 17-14 Port of Los Angeles - Enforcement of LAMC 63.44 Relating to Operating Hours of Public Beaches and Parks

CDP No. 17-15 J.M. Smucker Company - Abatement and Building Demolition of facilities near Terminal Way and Tuna Street

CDP No. 17-16 APM Terminals Pacific LLC - Placement of 2,000-gallon Diesel Exhaust Fluid Tank and Related Improvements at 2500 Navy Way

J. Board Reports of the Executive Director

Consent Items (1 - 11)

Contracts & Purchasing

1. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39836 TO SOUTHERN COUNTIES OIL CO. DBA SC FUELS FOR REFORMULATED GASOLINE

Transmittal 1
Transmittal 2

Summary: Staff requests approval of a one-year contract with two, one-year renewal options with Southern Counties Oil Co. dba SC Fuels of Orange, CA for reformulated gasoline to be used by City of Los Angeles Harbor Department (Harbor Department) vehicles and equipment for an amount not to exceed $600,000 per year, including sales tax. Many of the Harbor Department’s vehicles and small equipment currently run on gasoline and this contract locks in beneficial pricing to meet the fueling needs of the Harbor Department. This contract is 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) approve Contract No. 39836 with Southern Counties Oil Co. dba SC Fuels for a term of one year with two, one-year renewal options in an amount not to exceed $600,000 per year, or a total of $1.8 million, and authorize said expenditures; (3) authorize the Executive Director and Board Secretary to execute and attest to Contract No. 39836; and (4) adopt Resolution No.____________.

Contracts & Purchasing

2. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39837 TO CANON BUSINESS SOLUTIONS FOR THE LEASE OF PHOTOCOPIER EQUIPMENT

Transmittal 1
Transmittal 2

Summary: Staff requests approval to award Contract No. 39837 to Canon Business Solutions for photocopier lease services. Contract No. 39837 is a one-year contract, with two, one-year renewal options at an annual amount not-to-exceed $235,000. Through this contract, Canon Business Solutions will supply and maintain photocopiers at various Harbor Department office locations. Expenditures under this contract 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) approve Contract No. 39837 with Canon Business Solutions for a one-year term at a not-to-exceed amount of $235,000; (3) authorize the Executive Director to execute two, one-year extensions at an amount not-to-exceed $235,000 annually, subject to budget authorization in each fiscal year; and (4) adopt Resolution No.____________.

Executive Office

3. RESOLUTION NO.____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION 2018 OPERATING BUDGET

Transmittal 1
Transmittal 2

Summary: The Harbor Community Benefit Foundation (HCBF) requests that the Board of Harbor Commissioners approve its proposed 2018 Operating Budget of $304,954 for the 2018 calendar year and transfer funding in the amount of $212,716 from the Port Community Mitigation Trust Fund (PCMTF). The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the PCMTF, subject to Board approval of budget, grants and PCMTF fund transfers in accordance with the TraPac Memorandum of Understanding (TraPac MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). On October 27, 2017, HCBF’s Board of Directors approved the proposed operating budget for the 2018 calendar year and is requesting Board approval and transfer of funds from the PCMTF. In accordance with the TraPac MOU and Operating Agreement, HCBF has provided the required financial reports and program documentation in support of its budget request. Upon approval by the Board, the Harbor Department will authorize JP Morgan Private Bank (JPMPB) to transfer a lump sum amount of $212,716 from the PCMTF to HCBF. The $212,716 will be supplemented by HCBF’s projected 2017 surplus of $92,238 for a total requested 2018 Operating Budget of $304,954. Upon transfer of funds from the PCMTF, HCBF will be financially responsible for its operating budget. Additionally, HCBF will provide the Board prior notice of any reallocation of authorized funds that exceed 10% of the total annual budget. 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 calendar year 2018 Operating Budget of a not-to-exceed amount of $304,954, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice to any reallocation with the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (3) approve the Harbor Community Benefit Foundation to retain the $92,238 surplus from the 2017 Operating Budget for the purpose of funding the current request for its 2018 Operating Budget; (4) authorize the Executive Director or designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $212,716 from JP Morgan Private Bank to the Harbor Community Benefit Foundation subject to the same condition set forth in Recommendation 2; and (5) adopt Resolution No.____________.

Office of the City Attorney

4. RESOLUTION NO.____________ - THREE LEGAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LOEB & LOEB LLP AND MEYERS NAVE RIBACK SILVER & WILSON PLC AND THOMPSON COBURN LLP

Transmittal 1
Transmittal 2
Transmittal 3

Summary: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve three (3) Legal Services Agreements (each an Agreement) between the City Los Angeles Harbor Department (Harbor Department) and three firms: Loeb & Loeb, Meyers Nave Riback Silver & Wilson PLC and Thompson Coburn LLP, for legal services for the San Pedro Bay Ports Clean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) matters. Each of the three Agreements is for a term of three years with compensation of $150,000. The Harbor Department is financially responsible for payment for personal services rendered under the three proposed Agreements in an aggregate amount of $450,000.

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) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve (1) a Legal Services Agreement with Loeb & Loeb LLP in the amount of $150,000 for a three-year term; and (2) a Legal Services Agreement with Meyers Nave Riback Silver & Wilson PLC in the amount of $150,000 for a three-year term; and (3) a Legal Services Agreement with Thompson Coburn LLP in the amount of $150,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (5) adopt Resolution No.____________.

Cargo & Industrial Real Estate

5. RESOLUTION NO.____________ - APPROVE REVOCABLE PERMIT NO. 16-40 WITH INNOVATIVE TERMINAL SERVICES, INC.

Transmittal 1
Transmittal 2

Summary: Staff requests approval of Revocable Permit No. 16-40 (RP 16-40) with Innovative Terminal Services, Inc. (Innovative) for use of City of Los Angeles Harbor Department (Harbor Department) land in the backlands of Berths 206-209 (1221 East New Dock Street, Terminal Island, CA) to be operated as a chassis depot. Innovative presently occupies the proposed premises under a space assignment. RP 16-40 will combine the area covered under the space assignment and incorporate additional area, for a total of approximately 5.2 acres. This conversion to an RP will generate approximately $725,000 in annual fixed revenue, an increase of $484,904 over the revenue generated through a Space Assignment. 

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 Revocable Permit No. 16-40 with Innovative Terminal Services, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 16-40; and (4) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

6. RESOLUTION NO.____________ - APPROVE THIRD AMENDMENT TO PERMIT NO. 837 WITH THE PORT OF LOS ANGELES BOYS AND GIRLS CLUB

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Third Amendment to Permit No. 837 (Permit) with the Port of Los Angeles Boys and Girls Club (Boys and Girls Club) to allow child development classes and college bound courses, offered by Los Angeles Harbor College, to be held at the training room at Liberty Hill Plaza Building on Tuesday, Wednesday, and Thursday evenings. The Boys and Girls Club is currently permitted to use the training room only for the purpose of conducting meetings for its directors and/or management. Staff recommends approval of the Third Amendment, which will allow these additional uses at the training room.

Recommendation: Board resolve to (1) find that the proposed action is categorically exempt from the requirements of the California Environment Quality Act (CEQA) under Article III Section 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Third Amendment to Permit No. 837 with Port of Los Angeles Boys and Girls Club; (3) direct the Board Secretary to transmit the Third Amendment to Permit No. 837 to City Council for approval pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment upon approval by City Council; and (5) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

7. RESOLUTION NO.____________ - APPROVAL OF ANNUAL BUDGET COVERING FISCAL YEAR 2018/2019 FOR WESTREC MARINA MANAGEMENT, INC. UNDER AGREEMENT NO. 13-3125

Transmittal 1

Summary: Staff requests approval of the annual budget for Fiscal Year (FY) 2018/2019 under Agreement No. 13-3125 (Agreement) between Westrec Marina Management, Inc. (Westrec) and the City of Los Angeles Harbor Department (Harbor Department). Westrec's budget proposal for FY 2018/2019 continues to improve on past FY performance in both operating income and operating expense percentage ratio to total revenue thereby increasing net income. Westrec's proposed FY 2018/20109 budget continues an upward trend in revenue with a projected twenty-five percent increase from FY 2016/2017's actuals. The operating expense percentage ratio to total revenue is also expected to improve to 53 percent of total revenue down from 55 percent in FY 16/17, which continues a positive trend from previous years. Because 2017/2018 results are not yet available, actuals from the previous FY 2016/2017 were used for comparison and analysis purposes. The Agreement provides for the operation, management, and maintenance of the Cabrillo Way Marina (CWM) and its structures/facilities located in San Pedro on behalf of the Harbor Department. The Agreement has a five-year term (July 1, 2013 through June 30, 2018), with two five-year option periods to extend the term. The Agreement requires the Operator (Westrec), with input from the Harbor Department, to prepare an annual budget for operation of the marina for approval by the Harbor Department. The first proposed annual budget for FY 2013/2014 was approved at the Agreement's inception and was provided as an initial estimate of the proposed operating revenues and expenses. The subsequent annual operating budgets for FY 2014/2015 through FY 2017/2018 were previously approved by the Board. No Harbor Department funds are being requested for this proposed action.

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 Westrec Marina Management, Inc. annual budget for Fiscal Year 2018/2019 under Agreement No. 13-3125; and (3) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

8. RESOLUTION NO.____________ - APPROVE THIRD AMENDMENT TO REVOCABLE PERMIT NO. 15-19 WITH SPACE EXPLORATION TECHNOLOGIES CORP. DBA SPACEX

Summary: Staff requests approval of the Third Amendment to Revocable Permit No. 15-19 (RP 15-19) with Space Exploration Technologies Corp. dba SpaceX (SpaceX) to increase permit premises by approximately 34,643 square feet (s.f.) of land and water areas and allow the berthing of a 204' long vessel. The additional land area will also allow SpaceX to remove equipment from the tops of their sea vans and store them on the additional area, away from public view. The Third Amendment to RP 15-19 increases City of Los Angeles Harbor Department (Harbor Department) revenue by $45,205.04 per year to $337,149.80, a 15.48 percent increase over its current annual rent of $291,944.76.

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 Third Amendment to Revocable Permit No. 15-19 with Space Exploration Technologies Corp.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Revocable Permit No. 15-19; and (4) adopt Resolution No.____________.

Environmental Management

9. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 16-3436 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ENVIRONMENTAL COMPLIANCE SOLUTIONS, INC. FOR AS-NEEDED ENVIRONMENTAL DOCUMENTATION AND SPECIAL ENVIRONMENTAL SERVICES

Transmittal 1

Summary: Staff requests approval of the First Amendment (Amendment) to Agreement No. 16-3436 with Environmental Compliance Solutions, Inc. (ECS), which will increase the contract amount from $1,300,000 to $2,800,000. The additional funds are needed to provide continuing administrative and technical support for environmental documents that are currently in progress due to staffing vacancies in the City of Los Angeles Harbor Department’s (Harbor Department) Environmental Management Division (EMD). There is no change to the contract term, which is due to expire on December 1, 2019. The Harbor Department is financially responsible for the $1,500,000 increase.

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 City Charter Section 1022, work under the subject Amendment can be performed more feasibly by independent consultants rather than by City employees; (3) approve the First Amendment to Agreement No. 16-3436 with Environmental Compliance Solutions, Inc. to increase the contract amount from $1,300,000 to $2,800,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No.___________.

Cargo Marketing

10. RESOLUTION NO.____________ - APPROVAL OF SECOND AMENDMENT TO FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 13-3149 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PUMA NORTH AMERICA, INC. FTZ 202, SITE 9

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests the approval of a Second Amendment (Second Amendment) of Foreign-Trade Zone (FTZ) Operating Agreement No. 13-3149 between the City of Los Angeles Harbor Department (Harbor Department) and Puma North America, Inc. (PUMA) to continue operating its warehouse within FTZ 202, Site 9, located at 19700 Van Ness Avenue, Torrance, California 90501. On July 5, 2017, Foreign-Trade Zones Board approved a minor boundary modification of Foreign-Trade Zone 202 under the alternative framework to expand Site 9 for the sole use of PUMA to include an adjacent 2.51 acres property located at 19688 Van Ness Avenue, Torrance, California. This site expansion requires an amendment of the Agreement. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreement with FTZ site operators to oversee their FTZ operations. Expanded Site 9 consist of two warehouses totaling approximately 767,347 square feet and office space on 18.12 acres located approximately 10 miles from the Port of Los Angeles. PUMA will be operating its warehouse under FTZ procedures as a single-usage site. The terms and conditions of the proposed Second Amendment to the FTZ Operating Agreement 13-3149 (Agreement) is proposed to remain unchanged.

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 second amendment to the Foreign-Trade Zone Operating Agreement No. 13-3149 between the City of Los Angeles Harbor Department and Puma North America, Inc.; (3) direct the Board Secretary to transmit the proposed second amendment to the Foreign-Trade Zone Operating Agreement 13-3149 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 Second Amendment to the Foreign-Trade Zone Operating Agreement No. 13-3149; and (5) adopt Resolution No.____________.

Construction and Maintenance

11. RESOLUTION NO.____________ - INCREASE CONTRACT AUTHORITY AMOUNT FOR ANNUAL PURCHASE ORDER NO. 31864-18 WITH GANDY GLASS CO., INC.

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners approve an increase in the expenditure authority for Purchase Order No. 31864-18 with Gandy Glass Co., Inc., of Wilmington, California, currently set at the amount of $149,000 per year, to $260,000 per year. This annual contract, which will expire on October 23, 2018, is administered by the Construction and Maintenance Division (C&M) and is for the purchase of glass windows and doors, including their installation and repair, 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. 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 the payment of expenses under this contract.

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 Purchase Order Change No. 2 to Purchase Order No. 31864-18 with Gandy Glass Co., Inc. in the amount of $111,000, increasing the annual expenditure authority from $149,000 to $260,000 for the current contract period; (3) authorize the Executive Director to execute and the Board Secretary to attest to said purchase order change; and (4) adopt Resolution No.___________.

Regular Items (12 - 19)

Public Hearing

Planning & Strategy

12(a). ADOPTION OF PORT MASTER PLAN AMENDMENT TO ADD THE MARITIME SUPPORT USE TO THREE LOCATIONS IN PLANNING AREA 1

Pursuant to the California Coastal Act of 1976, the Los Angeles Harbor Department hereby gives notice to all interested persons, organizations, and agencies that a DRAFT AMENDMENT TO THE PORT OF LOS ANGELES CERTIFIED PORT MASTER PLAN has been prepared as follows:

Draft Port Master Plan Amendment of 2017 - Map change to Planning Area 1 adds maritime support to three areas: 1) the visitor-serving commercial area at Berth 73A, 2) the institutional area adjacent to the municipal fish market (Canetti's building), and 3) the proposed Jankovich barge area at B51. The map change is consistent with the addendum to the San Pedro Waterfront Project EIR for the Jankovich Company Relocation Project from June 2017.

Planning & Strategy

12(b). RESOLUTION NO.____________ - ADOPTION OF PORT MASTER PLAN AMENDMENT TO ADD THE MARITIME SUPPORT USE TO THREE LOCATIONS IN PLANNING AREA 1


Transmittal 1
Transmittal 2

Summary: Staff requests the Los Angeles Board of Harbor Commissioners (Board) consider all comments, if any, held at the December 14, 2017 public hearing for a proposed Port Master Plan Amendment (Amendment), adopt the Amendment, and authorize the Executive Director to submit the Amendment to the California Coastal Commission for certification. The Amendment would modify the Planning Area 1 - San Pedro land use map (Port Master Plan Figure 5) by adding Maritime Support as an allowed use at three locations. This change is required to accommodate the relocation of The Jankovich Company (Jankovich) to Berth 73A, Berth 51, and the Canetti's Building, as approved by the Board under Permit 930 at the August 17, 2017 Board Meeting. The maritime support use would be added to 1) the visitor-serving commercial area at Berth 73A, 2) the institutional area adjacent to the municipal fish market, and 3) the visitor-serving commercial area at Berth 51. The map changes are consistent with the June 2017 Addendum to the San Pedro Waterfront Project EIR for the Jankovich Company Relocation Project and would not add any new or significant increases to adverse impacts to water quality, habitat areas, and biological inventories The Jankovich operation is consistent with the maritime support land use category.

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(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) adopt the Port Master Plan Amendment; (3) authorize the Executive Director to submit the Port Master Plan Amendment to the California Coastal Commission for Certification; and (4) adopt Resolution No._________.

Contracts & Purchasing

13. RESOLUTION NO.____________ - LOCAL BUSINESS PREFERENCE PROGRAM

Summary: Staff requests that the Board of Harbor Commissioners (Board) extend the Local Business Preference Program (LBPP) with two modifications: reduce the maximum preference to $250,000 and exclude professional service contract opportunities. Any financial impact from the LBPP is the responsibility of the Harbor Department.

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) authorize the continuation of the Local Business Preference Program, as modified in the Resolution; (3) instruct staff to report annually to the Board on the financial impact of the Local Business Preference Program and Local Business Enterprise participation; and (4) adopt Resolution No.____________.

Waterfront & Commercial Real Estate

14. RESOLUTION NO.____________ - APPROVE PROPOSED SUCCESSOR PERMIT NO. 921 WITH LEEWARD BAY MARINA

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

Summary: Staff requests approval of proposed Permit No. 921 (Permit) with Leeward Bay Marina (LBM) for the continued use of City of Los Angeles Harbor Department (Harbor Department) property at Berth 200-I in Wilmington to supersede existing Revocable Permit No. 1487 (RP 1487). The Permit grants LBM the use of Harbor Department property for the construction, operation, and maintenance of the marina for berthing of recreational vessels. In addition, the Permit allows for the continuation of a sublease with the "Chowder Barge" restaurant and the cancellation of Temporary Entry and Use Permit (TEUP) No. 814 for temporary use of the water area. Consistent with the terms of the other nine Wilmington marinas, this Permit will be retroactively effective as of November 1, 2015, and terminates on October 31, 2025. The next five-year reset will be November 1, 2020. The New Minimum Fixed Rent (MFR), effective November 1, 2015, will be $77,983 per year, which is less than the projected Percentage Rent of $111,192 per year.

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; Approve Permit No. 921 with Leeward Bay Marina including the sublease with the Chowder Barge; (2) direct the Board Secretary to transmit Permit No. 921 to the City Council for approval pursuant to Charter Sections 606 and 607; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Permit No. 921 upon approval by the City Council; and (4) adopt Resolution No.___________. 

Waterfront & Commercial Real Estate


15. RESOLUTION NO.____________ - APPROVE LICENSE AGREEMENT TEMPLATE FOR BIKE SHARE OPERATORS


Transmittal 1

Summary: Staff requests approval of temporary License Agreement (Agreement), which would permit a bike share company to use and occupy property within Council District 15 of the City of Los Angeles, including the Harbor District.

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 4(7) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve a temporary License Agreement for bike share operators; (3) authorize the Executive Director to execute License Agreements that do not materially deviate from the License Agreement template; and (4) adopt Resolution No.____________.

Port Police

16. RESOLUTION NO.____________ - APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TIMOTHY J. RILEY FOR PUBLIC SAFETY TECHNOLOGY PROJECT MANAGEMENT AND COORDINATION

Transmittal 1

Summary: Staff request approval of Agreement with Timothy J. Riley, Laguna Nigel, California, to provide professional services for management, coordination and completion of complex Los Angeles Harbor Department (Harbor Department) public safety/law enforcement technology and radio projects. The Harbor Department needs specialized expertise that is technical in nature to assist with the implementation of complex law enforcement related technology initiatives and programs, and to provide unique assistance to carry out the functions and duties of the Los Angeles Port Police Division. The Agreement will be for one year with two one-year renewal options, with a total not to exceed of $517,500. The Harbor Department will be financially responsible for the payment of expenses under the proposed 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) find that the proposed Agreement qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional character for which competitive bidding is not practicable or advantageous, pursuant to Los Angeles City Charter, Section 371(e)(2) and Los Angeles Administrative Code Section 10.15.(a)(2); (3) find in accordance with Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City Employees; (4) approve the Agreement between the Harbor Department and Timothy J. Riley; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (6) adopt Resolution No.___________.

Executive Office

17. RESOLUTION NO.____________ - APPROVAL OF AMENDED AND RESTATED ALAMEDA CORRIDOR CAPITAL EXPENSE GUIDELINES FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2022

Transmittal 1
Transmittal 2

Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the Amended and Restated Alameda Corridor Capital Expense Guidelines for the five-year period of January 1, 2018 through December 31, 2022. The previously established Capital Expense Guidelines dated June 30, 2012 will expire on December 31, 2017.

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 and provide mutual agreement to the Amended and Restated Alameda Corridor Capital Expense Guidelines; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority (ACTA) for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.

Executive Office

18. RESOLUTION NO.____________ - APPROVAL TO MAINTAIN THE ALAMEDA CORRIDOR RESERVE ACCOUNT TARGET AT $15,000,000 FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2022

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to continue to maintain the Alameda Corridor Reserve Account Target at $15,000,000 for the five-year period of January 1, 2018 through December 31, 2022.

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 and provide mutual agreement to maintain the Alameda Corridor Reserve Account Target at $15,000,000; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority (ACTA) for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.

Executive Office

19. RESOLUTION NO.____________ - APPROVAL OF 2018 ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY OPERATIONS AND MAINTENANCE BUDGET

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the 2018 Alameda Corridor Operations and Maintenance budget, in the amount of $11,719,796. The source of funds for this budget will be from the two railroads operating on the Alameda Corridor and from the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There is no financial responsibility on the part of the Harbor Department to fund the proposed action.
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 and provide Mutual Agreement for the 2018 Alameda Corridor Operations and Maintenance Budget in the amount of $11,719,796; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.____________.

CLOSED SESSION

K. 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 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

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

Provide instructions to its real estate negotiators with respect to a proposed permit with H.S. Seafoods, Inc.:

Property: Municipal Fish Market Stall 4, San Pedro

City Negotiator: Michael Galvin

Tenant Negotiator: Martha Smith

Negotiating Parties: City and H.S. Seafoods, Inc.

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 with Alameda - I Street Properties:

Property: Alameda and I Street, Wilmington

City Negotiator: Jack Hedge

Tenant Negotiator: Tom Searles

Negotiating Parties: City and Alameda - I Street Properties

Under Negotiation: Price and Terms

4. 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:
(two cases).

5. 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).

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

Travelers Property Casualty Company and Navigators Insurance Company v. City of Los Angeles, U.S. District Court Case No. 15‑CV‑7799 GW (PJWx)

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

Niki Kuha v. City of Los Angeles, Los Angeles Superior Court Case No. 592326

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

Kim Jones v. Pasha Stevedoring & Terminals, et al., Los Angeles Superior Court Case No. BC612588

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

Insurance Company of the West v. Pasha Stevedoring & Terminals, et al., Los Angeles Superior Court Case No. 16K11575

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

AGCS Marine Insurance Co. v. City of Los Angeles, Los Angeles Superior Court Case No. BC593094

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

Universal Steel v. City of Los Angeles, Los Angeles Superior Court Case No. BC626929

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

Marine Terminals Corp. v. City of Los Angeles, Los Angeles Superior Court Case No. BC599640

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

Pasha Stevedoring & Terminals v. City of Los Angeles v., Los Angeles Superior Court Case No. BC631447

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

City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080

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

City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD01106

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

City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD01082

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

City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD01156

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

City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD00950

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

City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01078

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

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01084

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

City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026

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

City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01025

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

City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD01101

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

City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD01081

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

City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD01109

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

City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD01077

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

City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD01105

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

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083

K. (Continued)

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

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD00949

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

City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01079

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

City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102

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

City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD01103

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

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 17LBUD01104

L. Adjournment