Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, AUGUST 23, 2018 AT 8:30 A.M.
THE OPEN SESSION ITEMS WILL BEGIN NO SOONER THAN 9:30 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, AUGUST 23, 2018 AT 8:30 A.M.
THE OPEN SESSION ITEMS WILL BEGIN NO SOONER THAN 9:30 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
CLOSED SESSION
B. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0300 consolidated with Case Nos. CIVMSN14-0308, CIVMSN14-0309, CIVMSN14-0310, CIVMSN14-0311, CIVMSN14-0312, and CIVMSN14-0313
2. 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 Pasha Stevedoring & Terminals:
Property: Berths 174-180, Wilmington, CA
City Negotiator: Jack Hedge
Tenant Negotiator: Jay Bowden
Negotiating Parties: City and Pasha Stevedoring & Terminals
Under Negotiation: Price and Terms
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
In Re San Pedro Waterfront, LLC dba Ports O’Call Restaurant, United States Bankruptcy Court Case No. 2:18-bk-17424-RK; Chapter 11 Adv. Case No. 2:18-ap-01216-RK
4. 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. 18LBUD00467
5. 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. 18LBUD00591
6. 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. 18LBUD00592
7. 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. 18LBUD00464
8. 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. 18LBUD00465
9. 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. 18LBUD00466
10. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Waseem & Tajwar Ahmed dba Maha Enterprises, et al. v. City of Los Angeles,
Los Angeles Superior Court Case No. BC702268
OPEN SESSION
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
F. Reports of the Commissioners
G. Board Committee Reports
Audit Committee Meeting of July 17, 2018
H. Approval of the Minutes
Special Meeting of July 17, 2018
I. Presentation
J. Level I Coastal Development Permit
K. Board Reports of the Executive Director
Consent Items (1 – 9)
Construction and Maintenance
Construction and Maintenance
1. RESOLUTION NO.___________ - AWARD OF CONTRACT NO. 39851 TO ATHENS SERVICES FOR SOLID WASTE DISPOSAL AND RECYCLING SERVICES
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a one-year contract with two one-year renewal options to Athens Services of City of Industry, California for the collection, transfer, processing and disposal of solid waste port-wide, including recycling. The amount of this contract is not to exceed $275,000 for the initial year. If the two renewal options are exercised, $294,250 will be authorized for the second year and $314,848 will be authorized for the third year. The total contract amount will not exceed $884,098 over three years if the renewal options are exercised. The contract is based on City of Los Angeles Department of Public Works Contract No. C-128879. This contract is the financial 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) find that in accordance with the City of Los Angeles (City) Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into an agreement with Athens Services (Athens) utilizing a current agreement for such services with the City of Los Angeles through Contract No. C-128879; (3) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (4) award Contract No. 39851 with Athens for a term of one year with two one-year renewal options for the not to exceed amounts of $275,000 in the first year, not to exceed $294,250 in the first renewal option year, and $314,848 in the second renewal option year, for a total compensation amount of $884,098; and authorize said expenditures; (5) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39851; and (6) adopt Resolution No.___________.
Engineering
2. RESOLUTION NO._____________ - FIRST AMENDMENT TO AGREEMENT NO. 15-3348 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SASAKI ASSOCIATES, INC. FOR ENGINEERING, ARCHITECTURAL, AND LANDSCAPING DESIGN SERVICES FOR THE WILMINGTON WATERFRONT PROMENADE
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a First Amendment to Agreement No. 15-3348 (Agreement) with Sasaki Associates, Inc. (Consultant), located in Watertown, Massachusetts, to provide planning, engineering, architectural design, landscape design, and bidding & design support during construction of the Wilmington Waterfront Promenade Project (Project). The existing agreement is set to expire on October 8, 2018. This First Amendment, if approved by the Board of Harbor Commissioners (Board) and Los Angeles City Council will increase the Agreement term by an additional four years expiring on October 8, 2022. This additional time will allow the Consultant to complete the Project’s design and provide support services during construction. No additional funds are being requested at this time because the Consultant will complete all the required services within the original agreement amount. To date, $1,767,358 of the existing Agreement amount of $3,190,000 has been spent or otherwise allocated to the Project. The Harbor Department will continue to be financially responsible for payment of expenditures under this Agreement.
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 that in accordance with Charter Section 1022, the work proposed to be contracted could be more feasibly performed by a contractor than by a City employee. Since this proposed amendment does not add a new labor component and the original 1022 determination elements are still accurate, a new 1022 determination is not required; (3) approve this First Amendment to Agreement No. 15-3348 (First Amendment) with Sasaki Associates, Inc. to extend the Agreement term by four years; (4) authorize and direct the Board Secretary to forward the First Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter; (5) authorize the Executive Director to execute and Board Secretary to attest to the said First Amendment for and on behalf of the Board of Harbor Commissioners; and (6) adopt Resolution No.___________.
Environmental Management
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Reimbursement Agreement (Agreement) with Kinder Morgan Tank Storage Terminals LLC (Kinder Morgan) to reimburse the City of Los Angeles Harbor Department (Harbor Department) one hundred percent of staff and consultant costs associated with the preparation of project documents for an environmental assessment. The environmental assessment is currently being prepared to allow Kinder Morgan to perform wharf repairs at the Port of Los Angeles (Port) Berths 118 and 119 required by the California State Lands Commission (CSLC) under the Marine Oil terminal Engineering and Maintenance Standards (MOTEMS) program (proposed Project). The proposed Agreement is for a term of one year with an estimated amount of $200,000. The wharf repairs would allow Kinder Morgan to continue to use the wharf at Berths 118 and 119 until their lease expires in 2022. Kinder Morgan is financially responsible for these expenditures.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the proposed Reimbursement Agreement with Kinder Morgan Tank Storage Terminals LLC to reimburse the City of Los Angeles Harbor Department for preparation costs of the environmental assessment associated with the Berths 118 and 119 Marine Oil Terminal Engineering and Maintenance Standards Project for a contract term of one year and for an estimated amount of $200,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to, said Agreement for and on behalf of the Board; and (4) adopt Resolution No.___________.
Office of the City Attorney
Transmittal 1
Transmittal 2
Transmittal 3
Summary: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) approval of a Second Amendment (Second Amendment) to Agreement No. E-6845 between the City of Los Angeles Harbor Department (Harbor Department) and Nossaman LLP (Nossaman). The Second Amendment would increase compensation by $150,000 to an amount not to exceed $300,000 over the three-year term of Agreement No. E-6845 for specialized legal services related to real estate matters and litigation. The Harbor Department is responsible for payment of expenses under Agreement No. E-6845.
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 Second Amendment to Agreement No. E-6845 with Nossaman LLP, increasing the compensation by $150,000 to an amount not to exceed $300,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No.E-6845; and (4) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Order resetting compensation under Permit No. 560 with Vopak Terminal Los Angeles, Inc. (Vopak). The proposed reset is for the period of August 30, 2018 through August 29, 2023. Currently, annual land rent is set at $3,826,801. Effective August 30, 2018, the land rent for the period of August 30, 2018 through December 31, 2018 will increase by the Consumer Price Index (CPI) adjustment rate (upon its publication) pursuant to the terms of Permit No. 560. The proposed compensation reset will increase land rent effective January 1, 2019 to $5,420,873 per year, an increase of $1,594,071 per year from current annual land rent. On August 30, 2019, and annually thereafter, land rent will be adjusted by CPI. This compensation amount is based on the City of Los Angeles Harbor Department (Harbor Department) receiving a 10 percent annual rate of return on the market value of waterfront land of $40 per square foot (s.f.), and the market value of backland of $30 per s.f. All subsurface pipeline right-of-way is discounted by 50 percent. The proposed increase in land rent effective January 1, 2019 equates to a 42 percent increase from the current rate.
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 the Order resetting compensation to Permit No. 560 with Vopak Terminal Los Angeles, Inc.; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 560; and (4) adopt Resolution No.___________ and Order No.____________.
Government Affairs
6. RESOLUTION NO.___________ - SECOND AMENDMENT TO AGREEMENT 17-3488 WITH HOLLAND & KNIGHT LLP, FOR CYBER SECURITY ADVOCACY SERVICESTransmittal 1
Summary: Staff requests ratification and approval of a Second Amendment to Agreement No. 17-3488 with Holland & Knight LLP, originally approved by the Board of Harbor Commissioners (Board) on April 7, 2017, and effective from April 28, 2017 for a period of one year with two one-year renewal options at the discretion of the Executive Director. The first year renewal option was exercised by the Executive Director on April 23, 2018. Under the Agreement, Holland & Knight provides the City of Los Angeles Harbor Department (Harbor Department) general federal level advocacy services in Washington, D.C. A First Amendment, approved by the Board on November 16, 2017, added cybersecurity advocacy services for the time period October 12, 2017 to April 28, 2018. The proposed Second Amendment extends the time period during which cybersecurity services may be provided from April 28, 2018 to October 28, 2018 and increases the total compensation amount by $75,000. An additional $22,000 for travel expenses is also included in the Second Amendment. The Harbor Department is financially responsible for expenses incurred under the proposed Second Amendment.
Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that in accordance with the Los Angeles City Charter (Charter), Section 1022, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than City of Los Angeles (City) employees; (3) ratify and approve the proposed Second Amendment to Agreement No 17-3488 with Holland & Knight LLP, extending the term for receiving cybersecurity advocacy services for six months from April 28, 2018 to October 31, 2018, increasing the total compensation by $75,000 and adding $22,000 for travel expenses; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Second Amendment to Agreement No. 17-3448 with Holland & Knight LLP; and (5) adopt Resolution No.____________.
Information Technology
7. RESOLUTION NO._____________ - APPROVAL OF EXTENSION TO AGREEMENT NO. 16-3374 WITH SBC GLOBAL SERVICES, INC. DBA AT&T GLOBAL SERVICES FOR TELECOMMUNICATIONS INFRASTRUCTURE SERVICES, CABLING AND EQUIPMENTTransmittal 1
Transmittal 2
Transmittal 3
Summary: Staff is requesting retroactive approval to extend Agreement No. 16-3374 (Agreement) from May 1, 2018 through May 1, 2020 and authorization for the City of Los Angeles Harbor Department (Harbor Department) Commission Office to forward the Agreement to the Los Angeles City Council (City Council) for ratification and approval. The Agreement is with SBC Global Services, Inc. dba AT&T Global Services (AT&T), and is based upon a County of Los Angeles’ (County) Telecommunications Services contract with AT&T, Contract No. 76501 (Contract). Pursuant to the authority granted under the County Contract, the County and AT&T extended the County Contract for two additional years from May 2, 2018 to May 1, 2020. The Harbor Department’s Agreement was similarly extended in term, allowing the Harbor Department to continue using the Agreement for its telecommunications infrastructure service needs. At its meeting held on January 22, 2016, the Board of Harbor Commissioners (Board) approved the Agreement with a term from March 17, 2016 to April 30, 2018, so additional ratification and approval of the extension is required at this time. Ratification and approval of the extension will make the new term of the Agreement four years in length, which pursuant to the City of Los Angeles (City) Charter and Administrative Code requires approval of the City Council. The not-to-exceed amount of the proposed Agreement will be the amount authorized by the Board through the annual budget process. AT&T was awarded the County’s Contract after a competitive Request for Proposals (RFP) process was conducted by the County. AT&T is headquartered in Dallas, Texas, with offices in Los Angeles, California. Telecommunications services payments are the financial 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) ratify and approve the extension of Agreement No. 16-3374 with SBC Global Services Inc. dba AT&T Global Services for the acquisition of communications products and services from May 1, 2018 to May 1, 2020; (3) direct the Board Secretary to transmit the Agreement with AT&T to the Los Angeles City Council for ratification and approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; and (4) adopt Resolution No.____________.
Information Technology
8. RESOLUTION NO._____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MOTOROLA SOLUTIONS, INC. FOR PORT POLICE MOTOROLA RADIO SYSTEM SUPPORT
Transmittal 1
Transmittal 2
Summary: Staff is requesting approval to enter into an Agreement with Motorola Solutions, Inc. (Motorola) to provide maintenance and support services twenty-four hours per day, seven days per week (24x7) for the City of Los Angeles Harbor Department (Harbor Department) Motorola Radio System. The recommendation to select Motorola is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. The proposed Agreement with Motorola is one of three agreements with the selected proposers from the RFP. The Board of Harbor Commissioners (Board) approved agreements with the two other selected proposers in its January 11 and February 1, 2018 meetings respectively. The proposed Agreement is for a term of three years and a not-to-exceed compensation amount of $988,085. Motorola will provide services and materials necessary to maintain and support the Motorola Radio System, which is a critical communications tool for Port Police operations. Motorola requested deviations from the Harbor Department’s standard agreement provisions. Due to Motorola’s proprietary knowledge of its radio system, staff recommends approval of the deviations as structured in the proposed Agreement. Motorola is headquartered in Chicago, Illinois, with local offices in Southern California. Expenditures under the proposed Agreement are the financial 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) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the standard provisions of the Harbor Department personal services agreement due to Motorola’s proprietary knowledge of its radio system that is critical to Port Police operations; a) Section IX: Indemnification b) Section X(A)(1) and (2): Commercial General Liability Insurance, Automobile Insurance c) Section X(B): Insurance Procured by Consultant d) Section X(C)(1) and (4): Copies of Policies and Modification of Coverage e) Section X(C)(6): Limits of Coverage f) Section XIX(B): Proprietary information; (4) approve the Agreement with Motorola for a duration of three years and a not-to-exceed compensation amount of $988,085; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (6) adopt Resolution No.___________.
Executive Office
9. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. E-6916 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LOGICAL DIGITAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES TO DEVELOP AND IMPLEMENT SUPPLY CHAIN OPTIMIZATION INITIATIVES
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a First Amendment to Agreement No. E-6916 with Logical Digital Solutions, Inc. of Venice, California, to provide professional services to develop and assist in the implementation of supply chain optimization initiatives to enhance the speed and efficiency of cargo movement through the San Pedro Bay, and specifically at the Port of Los Angeles. The City of Los Angeles Harbor Department (Department) requires the professional, expert and technical services of Logical Digital Solutions, Inc. (LDS) to aid staff in the development and implementation of the aforementioned strategies through outreach and cooperation with a variety of supply chain stakeholders. The amendment will increase the agreement from one year to three years, for an amount not to exceed $150,000 per year, or a maximum of $450,000 over three years. The Department will be financially responsible for the payment of expenses under the proposed contract.
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 Class 2(f) of the Los Angeles City CEQA Guidelines; (2) find that the proposed amendment qualifies for award on a sole source basis as an amended agreement for the performance of professional, technical and special services of a temporary or occasional basis 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 First Amendment to Agreement No. E-6916 can be more economically and feasibly provided by an independent contractor than by City Employees; (4) approve the First Amendment to Agreement No. E-6916 between the Harbor Department and Logical Digital Solutions, Inc.; (5) authorize the Executive Director to execute and the Board Secretary to attest; and (6) adopt Resolution No.___________.
Environmental Management
10. RESOLUTION NO. __________ AND ORDER NO. __________- SET ASIDE BNSF RAILWAY COMPANY SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY (SCIG) PROJECT AND ENVIRONMENTAL APPROVALS
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt a proposed Order that sets aside the certification of the BNSF Railway Company (BNSF) Southern California International Gateway (SCIG) Project Final Environmental Impact Report (FEIR) in compliance with the California Environmental Quality Act (CEQA) as well as project approval and specified actions and approvals as set forth in Resolution No. 13-7451 adopted on March 7, 2013, as memorialized in the March 8, 2013 Notice of Determination (NOD). The Order also directs the Executive Director and City of Los Angeles (City) Harbor Department (Harbor Department) staff to suspend any and all SCIG Project activities until such time as the City and BNSF Railway Co. (BNSF) have taken the actions necessary to bring the determinations, findings and decisions into compliance with the CEQA. The Order also directs the Board Secretary to request that the City Council also set aside its May 8, 2013 adoption of the determination by the Harbor Department that the SCIG Project and the proposed 50-year Permit and Site Preparation and Access Agreement (SPAA) were assessed in an FEIR prepared in accordance with the CEQA. This Order is mandated by a court order that requires the City to set aside specified actions, resolutions and orders including SCIG Project FEIR certification and approvals predicated on the certified FEIR. A separate companion Board Order sets aside the approval of all real property approvals for the SCIG Project.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2 (b)(f) and (h) of the Los Angeles City CEQA Guidelines; (2) adopt Order No.___________ and Resolution No.___________; and (3) the Secretary shall certify to the adoption of Order No. __________ by the Board of Harbor Commissioners of the City of Los Angeles and shall cause a copy of the same to be presented to the City Council and request that the City Council, pursuant to court order, set aside the May 8, 2013 adoption of the determination by the Los Angeles Harbor Department that the project and the proposed 50-year Permit and SPAA were assessed in an EIR prepared in accordance with the California Environmental Quality Act, under the Council File Nos. 13-295, 13-0295-S1, 13-0295-S2, 13-0295-S3, 13-0295-S4, 13-0295-S5, 13-0295-S6, 13-0295-S7, 13-0295-S8.
Cargo & Industrial Real Estate
11. RESOLUTION NO. AND ORDER NO. ____ - SET ASIDE BNSF RAILWAY COMPANY SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY (SCIG) REAL PROPERTY APPROVALSTransmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt a proposed Order that sets aside the approval of the Site Preparation and Access Agreement (SPAA) and Permit 901 with BNSF Railway Company (BNSF) for the Southern California International Gateway (SCIG) project and Board Order No. 13-7125 adopted by the Board on March 21, 2013. The Order also directs the Board Secretary to request that the Los Angeles City Council also set aside all actions it has taken to approve the SPAA and Permit 901, as adopted in City Council Motions. 10-A, 10-B (as amended), 10-D and 10-E under City Council File No. 13-0398. This Order is mandated by a court order that requires the City to set aside specified actions, resolutions and orders including the SCIG Project Final Environmental Impact Report (FEIR) certification and approvals predicated on the certified FEIR. A separate companion Board Order sets aside the FEIR certification, SCIG project approval and related environmental approvals, and directs the Harbor Department to suspend any and all SCIG Project activities until such time as the City and BNSF Railway Co. (BNSF) have taken the actions necessary to bring the determinations, findings and decisions into compliance with the California Environmental Quality Act (CEQA).
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2 (b)(f) and (h) of the Los Angeles City CEQA Guidelines; (2) adopt Order No. ________________ and Resolution No. _______________; and (3) the Secretary shall certify to the adoption of Order No.____________ by the Board of Harbor Commissioners of the City of Los Angeles and shall cause a copy of the same to be presented to the City Council and request that the City Council take similar actions to set aside all City Council’s SCIG project real property entitlement approvals, including Order No. 13-7125, which was originally adopted by the City Council under Motions 10-A, 10-B (as amended), 10-D and 10-E under City Council File No. 13-0398, pursuant to Charter Section 607.
Cargo Marketing
12. RESOLUTION NO.___________ - APPROVE TEMPORARY ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, ITEM NO. 255, “FURNISHING REQUIRED DOCUMENTS”; ITEM NO. 2320, “DEFINITIONS OCEAN COMMON CARRIER INCENTIVES”; AND ITEM NO. 2325, “OCEAN COMMON CARRIER INCENTIVE PROGRAM” PROVIDING A FINANCIAL INCENTIVE TO OCEAN COMMON CARRIERS
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff) that would provide a financial incentive to Ocean Common Carriers (OCC) on incremental loaded and empty Twenty-Foot Equivalent Units (TEU) as part of an incentive program (OCC Incentive Program). Provided certain eligibility requirements are met, this financial incentive could amount to $10.00 per incremental TEU and a maximum payout of $2,000,000 per OCC per Incentive Period (as defined in the proposed Tariff amendment). To qualify for the proposed OCC Incentive Program, OCCs would be required to electronically transmit to the City of Los Angeles Harbor Department (Harbor Department) specific information on containers handled at the Port. The OCC Incentive Program under Tariff Item No. 2325 would remain valid for a minimum 303-day period commencing on September 1, 2018, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. OCCs would have until September 30, 2018 to provide the specified container information in order to be eligible for the OCC Incentive Program. Tariff Item No. 255 would be amended as well, removing the requirement for the Harbor Department to seek approval from vessels or steamship companies to disclose vessel or steamship companies’ data. Payouts to OCCs earned under the terms of the proposed OCC Incentive Program are the financial responsibility of the Harbor Department. Port Staff will provide the Board with a report which assesses the overall effectiveness of the program after the initial Incentive Period ending June 30, 2019.
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 City of Los Angeles CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Two, Item No. 255, “Furnishing Required Documents”; Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2320 “Definitions Ocean Common Carrier Incentives” and Item No. 2325 “Ocean Common Carrier Incentive Program”, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Two, Item No. 255 “Furnishing Required Documents”; Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2320 “Definitions
Ocean Common Carrier Incentives” and Item No. 2325 “Ocean Common Carrier Incentive Program”; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners 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 City Charter Section 653(b); and (5) adopt Resolution No.___________.
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff) that would provide a financial incentive to Ocean Common Carriers (OCC) on incremental loaded and empty Twenty-Foot Equivalent Units (TEU) as part of an incentive program (OCC Incentive Program). Provided certain eligibility requirements are met, this financial incentive could amount to $10.00 per incremental TEU and a maximum payout of $2,000,000 per OCC per Incentive Period (as defined in the proposed Tariff amendment). To qualify for the proposed OCC Incentive Program, OCCs would be required to electronically transmit to the City of Los Angeles Harbor Department (Harbor Department) specific information on containers handled at the Port. The OCC Incentive Program under Tariff Item No. 2325 would remain valid for a minimum 303-day period commencing on September 1, 2018, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. OCCs would have until September 30, 2018 to provide the specified container information in order to be eligible for the OCC Incentive Program. Tariff Item No. 255 would be amended as well, removing the requirement for the Harbor Department to seek approval from vessels or steamship companies to disclose vessel or steamship companies’ data. Payouts to OCCs earned under the terms of the proposed OCC Incentive Program would be the financial responsibility of the Harbor Department. Port Staff will provide the Board with a report which assesses the overall effectiveness of the program after the initial Incentive Period ending June 30, 2019.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Two, Item No. 255, “Furnishing Required Documents”; Section Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2320 “Definitions Ocean Common Carrier Incentives” and Item No. 2325 “Ocean Common Carrier Incentive Program”, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Two, Item No. 255 “Furnishing Required Documents; Section
Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2320 “Definitions Ocean Common Carrier Incentives” and Item No. 2325 “Ocean Common Carrier Incentive Program”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.___________.
Cargo Marketing
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Two, Item No. 255 “Furnishing Required Documents”, adding a requirement that Marine Terminal Operators electronically transmit to the City of Los Angeles Harbor Department (Harbor Department) specific information on containers handled at the Port. The amended provisions of Item No. 255 would take effect upon compliance with California Association of Port Authorities tariff modification procedures. Marine Terminal Operators would have until September 30, 2018 to electronically transmit data to the Harbor Department. This Tariff amendment supports the Harbor Department’s first-of-its-kind common user Portal development by providing a single information window to support enhanced maritime supply chain performance. Since the Portal pilot program was launched, it has become clear that there is a lack of industry standardization in how electronic data messages are created. This Tariff amendment, if approved, will define the scope of data needs and format. This Board of Harbor Commissioners (Board) action does not result in additional costs to 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 City of Los Angeles CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Two, Item No. 255 “Furnishing Required Documents”, 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 process to take independent action in accordance with California Association of Port Authorities procedure; (3) adopt Temporary Order No. ____________ to amend Section Two of the Port of Los Angeles Tariff No. 4, Item No. 255, “Furnishing Required Documents”; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners 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 City Charter Section 653(b); and (5) adopt Resolution No.____________.
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Permanent Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Two, Item No. 255 “Furnishing Required Documents”, adding a requirement that Marine Terminal Operators electronically transmit to the City of Los Angeles Harbor Department (Harbor Department) specific information on containers handled at the Port. Marine Terminal Operators would have until September 30, 2018 to electronically transmit data to the Harbor Department. This Tariff amendment supports the Harbor Department’s first-of-its-kind common user Portal development by providing a single information window to support enhanced maritime supply chain performance. Since the Portal pilot program was launched, it has become clear that there is a lack of industry standardization in how electronic data messages are created. This Tariff amendment, if approved, will define the scope of data needs and format. This Board of Harbor Commissioners (Board) action does not result in additional costs to 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 City of Los Angeles CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Two, Item No. 255 “Furnishing Required Documents”, 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 process to take independent action in accordance with California Association of Port Authorities procedure; (3) adopt Permanent Order No. ____________ to amend Section Two of the Port of Los Angeles Tariff No. 4, Item No. 255, “Furnishing Required Documents”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendment to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Port of Los Angeles Tariff No. 4 as stated above, and upon its publication, transmit the Orders and Ordinance to the Executive Director or his nominee for implementation and posting to the City of Los Angeles Harbor Department website; and (6) adopt Resolution No.___________.
Environmental Management
Presentation: Certification of the Environmental Impact Report
16(a) FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BERTHS 167-169 SHELL MARINE OIL TERMINAL IMPROVEMENTS PROJECT (APP NOS. 131007-133; 140806-095, 161012-153, AND 180321-043; SCH NO. 2015061102)
Vote
16(b) RESOLUTION NO._____________ - FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BERTHS 167-169 SHELL MARINE OIL TERMINAL IMPROVEMENTS PROJECT (APP NOS. 131007-133; 140806-095, 161012-153, AND 180321-043; SCH NO. 2015061102)
Summary: Staff requests that the Board of Harbor Commissioners (Board) certify the Final Environmental Impact Report (EIR) for the Berths 167-169 Shell Marine Oil Terminal Improvements Project (Project) prepared in accordance with the California Environmental Quality Act (CEQA), and approve the Project. The proposed Project would construct a new Marine Oil Terminal Engineering & Maintenance Standards (MOTEMS) compliant wharf and mooring system for the Shell Marine Oil Terminal at Berths 167-169. This replaces the current timber wharf. As part of the proposed Project, Shell Oil Company has also applied for a new 30-year lease through the year 2048 to allow continued operations of its existing marine oil terminal. In this action, the Board will need to independently review and consider the Final EIR and, if deemed adequate under CEQA, certify the EIR; adopt specific Findings of Fact (FOF) regarding the significant environmental impacts; adopt a Statement of Overriding Considerations (SOC) and adopt a Mitigation Monitoring and Reporting Program (MMRP). With the application of mitigation measures and lease measures, significant and unavoidable impacts would remain in the areas of air quality and meteorology, and greenhouse gas emissions. Aside from mitigation and lease measures that are the responsibility of the tenant as outlined in the MMRP and Shell’s portion of project construction, the proposed Project is the financial responsibility of the Harbor Department, with the exception of some minor backlands improvements that Shell will be installing themselves.
Recommendation: Board resolve to (1) certify the Final Environmental Impact Report for the Berths 167-169 Shell Marine Oil Terminal Improvements Project and that the document: (a) has been completed in compliance with the California Environmental Quality Act (Public Resources Code §21000 et seq.), with the California Environmental Quality Act Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles California Environmental Quality Act Guidelines; (b) was presented to the Board of Harbor Commissioners for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) adopt the Findings of Fact and Statement of Overriding Considerations; (3) find that, in accordance with the information contained in the Final Environmental Impact Report, the proposed Project will have significant environmental effects on air quality and meteorology and greenhouse gas emissions as defined by Public Resources Code Sections 21068, 21080, 21082.2, and 21083 and the State California Environmental Quality Act Guidelines Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Berths 167-169 Shell Marine Oil Terminal Improvements Project which substantially lessens or avoids one or more of the significant adverse environmental impacts identified in the Final Environmental Impact Report; (5) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible certain mitigation measures such that environmental impacts remain significant and unavoidable; (6) find that all information added to the Final Environmental Impact Report after public notice of the availability of the Draft Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report, and recirculation is not necessary; (7) find that, in accordance with Public Resources Code Section 21081(b) and California Environmental Quality Act Guidelines Section 15093, the benefits of creating a safer wharf at Berths 167-169 outweigh the significant and unavoidable environmental impacts, and adopt the Findings of Fact and Statement of Overriding Considerations; (8) adopt the Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures and lease measures adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department, as lead agency, to monitor and verify project compliance with those mitigation measures and lease measures; (9) approve the Berths 167-169 Shell Marine Oil Terminal Improvements Project identified in the Environmental Impact Report including all feasible mitigation measures and lease measures with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the City of Los Angeles Harbor Department to incorporate by reference the Environmental Impact Report, mitigation measures, lease measures, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (11) authorize the Environmental Management Division to file the Notice of Determination with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; and (12) adopt Resolution No.___________.
L. Special Order of the Day – Level II Non-Appealable Coastal Development Permit
Public Hearing
17(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-12) TO THE PORT OF LOS ANGELES FOR BERTHS 167-169 SHELL MARINE OIL TERMINAL WHARF IMPROVEMENT PROJECT
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Strategy
17(b) RESOLUTION NO.___________ - ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-12) TO THE PORT OF LOS ANGELES FOR BERTHS 167-169 SHELL MARINE OIL TERMINAL WHARF IMPROVEMENT PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Summary: If the Board of Harbor Commissioners (Board), in its sole discretion, chooses to approve the Berths 167-169 [Shell] Marine Oil Terminal Wharf Improvements Project Final Environmental Impact Report (FEIR) at the August 23, 2018 Board meeting, this action will be brought at the same Board meeting to request that the Board approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-12 to the City of Los Angeles Harbor Department (Harbor Department). Staff requests that the Board approve a Level II non-appealable CDP No. 18-12 to the Harbor Department for wharf improvements at Berths 167-169 operated by Shell Oil Products US (Shell). The improvements are required in order to comply with the Marine Oil Terminals Engineering & Maintenance Standards (MOTEMS) of the 2016 California Building Code. Improvements described in the FEIR for the Berths 167-169 Shell Improvements Project are split between applications for Shell and the Harbor Department. As such, CDP 18-12 covers the portion of work for the Harbor Department. A second CDP will be needed for Shell’s portion of the work. The Harbor Department is financially responsible for the Harbor Department’s portion of the work covered by CDP 18-12 as outlined in the Application for Port Permit (APP) No. 131007-133 up to $7.5 million of the first $33 million in costs incurred. If the total project cost exceeds $33 million, the Harbor Department will be responsible for 100 percent of those additional costs.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 18-12, a Level II non-appealable permit; (2) find that the Board, in its independent judgment, having considered and adopted the Berths 167-169 Shell Marine Oil Terminal Wharf Improvement Project FEIR is in compliance with the requirements of the California Environmental Quality Act (CEQA), there is no substantial evidence that the Project or proposed action, as mitigated, will have a significant effect on the environment; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 18-12, consistent with the project description listed on Application for Port Permit No. 131007-133, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director; and (5) adopt Resolution No.____________.
Public Hearing
18(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-13) TO SHELL OIL COMPANY FOR BERTHS 167-169 MARINE OIL TERMINAL ENGINEERING AND MAINTENANCE STANDARDS IMPROVEMENTSPursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Strategy
18(b) RESOLUTION NO.___________ - ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-13) TO SHELL OIL COMPANY FOR BERTHS 167-169 MARINE OIL TERMINAL ENGINEERING AND MAINTENANCE STANDARDS IMPROVEMENTS
Transmittal 1
Transmittal 2
Transmittal 3
Summary: If the Board of Harbor Commissioners (Board), in its sole discretion, chooses to approve the Berths 167-169 Shell Marine Oil Terminal Engineering & Maintenance Standards (MOTEMS) Project Final Environmental Report (FEIR) at the August 23, 2018 Board meeting, this action will be brought at the same Board meeting to request that the Board approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-13 to Shell Marine Oil. Staff requests that the Board approve a Level II non-appealable CDP No. 18-13 to Shell Oil Company (Shell) for new topside structures, piping replacement, and related support structures at Berths 167-169. Shell also proposes modifications to allow loading of refined products onto vessels via a vapor control system. New equipment and modifications include piping modifications, two 1,000-gallon propane tanks, two dockside safety units and a vapor destruction unit. CDP 18-13 is specifically for the Shell portion of the overall MOTEMS Project as outlined in the FEIR for the Berths 167-169 Shell Marine Oil Terminal Improvements Project (APP Nos. 131007-133, 140806-095, 161012-153, and 180321-043; SCH No. 2015061102). CDP No. 18-12 will cover the City of Los Angeles Harbor Department’s portion of the Berths 167-169 Shell Marine Oil Terminal Wharf Improvement Project. Shell is financially responsible for the portion of the work covered by CDP 18-13 as outlined in the Application for Port Permit (APP) Nos. 140806-095, 161013-153, and 180321-043. The projects are estimated to cost $6.2 million.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 18-13, a Level II non-appealable permit; (2) find that the Board, in its independent judgment, having considered and adopted the Berths 167-169 Shell Marine Oil Terminal Improvement Project FEIR is in compliance with the requirements of the California Environmental Quality Act (CEQA), there is no substantial evidence that the Project or proposed action, as mitigated, will have a significant effect on the environment; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 18-13, consistent with the project description listed on APP Nos. 140806-095, 161013-153 and 180321-043, and direct the Director of Planning and Strategy to execute and issue said permit on behalf of and as the designee of the Executive Director to issue said permit; and (5) adopt Resolution No.___________.
M. Adjournment