Harbor Commission

OPEN SESSION
 
A.      Roll Call

 
 
B.       Executive Director Remarks
 
 

 
 
D.       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.
 
 
E.       Reports of the Commissioners
 
         
F.       Board Committee Reports
 
          Audit Committee Meeting of November 15, 2018
 
          Alameda Corridor Transportation Authority (ACTA) Meeting of December 13, 2018
 
 
G.      Approval of the Minutes
         
          Regular Meeting of November 15, 2018
 
 
H.      Presentation
 
 
I.        Level I Coastal Development Permit
 
 
J.       Board Reports of the Executive Director
 

Consent Items (1 – 10)
 

Port Police

Transmittal 1

Transmittal 2
 

Summary:  Staff requests that the Board of Harbor Commissioners (Board) approve a first amendment (First Amendment) to Agreement No. 18-3587 between the City of Los Angeles Harbor Department (Harbor Department) and Convergint Technologies LLC (Convergint) for the maintenance and repair of equipment related to security systems at the World Cruise Center (WCC).  The proposed First Amendment will amend Exhibit B (Fee Schedule) of Agreement No. 18-3587 to allow Convergint to be reimbursed for Other Direct Costs (ODC) such as the rental/use of heavy equipment (i.e., boom lifts) to access cameras in high locations.  Furthermore, the proposed First Amendment will clarify certain Fee Schedule provisions related to non-disclosure agreements (NDA) and enable Convergint to disclose to the Harbor Department the pricing of hardware, software or other materials purchased on behalf of the Harbor Department. The changes proposed under the First Amendment would make Agreement No. 18-3587 consistent with prior agreements which Convergint has signed with the Harbor Department and is required at this time because the incorrect Fee Schedule was submitted when Agreement No. 18-3587 was initially approved by the Board on June 21, 2018.  Agreement No. 18-3587 will continue to be the financial responsibility of the Harbor Department, and no additional funding would be required if the proposed First Amendment is approved.
 
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 Executive Director to execute and the Board Secretary to attest to the Agreement; (3) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; and (4) adopt Resolution No. ___________.

Cargo Marketing

 
2.       RESOLUTION NO.____________ - APPROVAL OF A THIRD AMENDMENT TO FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 08-2722 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CEVA FREIGHT LLC, FTZ 202, SITE 30


Transmittal 1

Summary:  Staff requests approval of a Third Amendment (Third Amendment) to Foreign-Trade Zone (FTZ) Operating Agreement No. 08-2722 between the City of Los Angeles Harbor Department (Harbor Department) and CEVA Freight LLC (CEVA) to continue operating its warehouse within FTZ 202, Site 30, located at 19600 S. Western Ave Torrance, California 90501. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. CEVA’s current FTZ Operating Agreement No. 08-2722 will expire on January 31, 2019. The term of the agreement is five-years with three, five-year renewal options. CEVA requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department needs to execute the Third Amendment to extend the Agreement, as required by the FTZ Board. Site 30 consists of 305,400 square feet of warehouse and office space on 7.1 acres located approximately 10 miles from the Port of Los Angeles. CEVA will operate its warehouse under FTZ procedures as a multi-usage site. This proposed Third Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $7,750 annually from CEVA (per FTZ Tariff No. 2).
 
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 proposed Third Amendment to Foreign-Trade Zone Operating Agreement No. 08-2722 between the City of Los Angeles Harbor Department and CEVA Freight LLC;  (3) direct the Board Secretary to transmit the proposed Third Amendment of Foreign-Trade Zone Operating Agreement No. 08-2722 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 Third Amendment of Foreign-Trade Zone Operating Agreement No. 08-2722; and (5) adopt Resolution No._____________.
 

 
3.       RESOLUTION NO.____________ - APPROVAL OF A SECOND AMENDMENT TO FOREIGN TRADE ZONE DEVELOPER AGREEMENT NO. 08-2723 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND COGNAC PACIFIC GATEWAY, LLC, FTZ 202, MAGNET SITE 7
 
Transmittal 1

 
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 proposed Second Amendment to Foreign-Trade Zone Developer Agreement No. 08-2723 between the City of Los Angeles Harbor Department and Cognac Pacific Gateway, LLC;  (3) direct the Board Secretary to transmit the proposed Second Amendment of Foreign-Trade Zone Developer Agreement No. 08-2723 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 Foreign-Trade Zone Developer Agreement No. 08-2723; and (5) adopt Resolution No._____________.

Cargo Marketing

 
4.       RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TOOLOTS, INC., FTZ 202, SITE 53
 
Transmittal 1

Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Toolots, Inc.  (Toolots) to operate its warehouse within FTZ 202, Site 53, located at 16300 Shoemaker Ave, Cerritos, California 90703. On November 9, 2017, the FTZ Board approved a minor boundary modification of FTZ 202 under the alternative site framework establishing a usage-driven Site 53 for the sole use of Toolots. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 53 consists of one warehouse totaling approximately 145,520 square feet and office space on 3.34 acres located approximately 20 miles from the Port of Los Angeles. Toolots will be operating its warehouse under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options and will pay an annual fee of $10,000.
 
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) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Toolots, Inc.;  (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No._____________.
 

 
5.       RESOLUTION NO.____________ - APPROVAL OF FIRST AMENDMENT TO AGREEMENT NO. 16-3448 WITH PRODUCTIVITY APEX, INC.
 
Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners’ approval of the First Amendment to Agreement No. 16-3448 with Productivity Apex, Inc. (PAI), for a term extension of one year, and to modify PAI’s labor categories and rates.  In January 2017, the Harbor Department executed a three-year agreement with PAI to develop and demonstrate the California Energy Commission (CEC) Eco-FRATIS Drayage Truck Efficiency Project (Project).  The Eco-FRATIS Project and PAI agreement is funded entirely with CEC and Los Angeles County Metropolitan Transportation Authority (METRO) funds in the combined amount of $1,210,000, which will not change as a result of this requested amendment.  In addition, staff is requesting approval for the delegation of authority to the Executive Director to execute future amendments in order to implement any Letter Agreements issued by the CEC which approve “Nonsignificant Changes” (as defined in the CEC Grant Agreement term and conditions) to the Project.   The Harbor Department’s financial responsibility continues to be limited to staff time to manage the Project as PAI invoices will be paid only after grant funds are received on an on-going basis.
 
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 first amendment to Agreement No. 16-3448 with Productivity Apex, Inc. to extend the term from its current expiration of January 20, 2020 to January 20, 2021, replace Exhibit B of Exhibit A in its entirety and to delegate authority to the Executive Director to execute amendments in order to implement Letter Agreements as issued and approved by the CEC, and agreed upon in writing with PAI; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement amendment and on behalf of the Board; (4) direct the Board Secretary to transmit the Resolution and First Amendment to the City Council for approval pursuant to Section 373 of the City Charter and Section 10.5 of the City Administrative Code; and (5) adopt Resolution No.____________.
 

Environmental Management and Goods Movement

 
6.       RESOLUTION NO.____________ - FIRST AMENDMENT TO GRANT AGREEMENT NO. 16-3446 WITH THE CALIFORNIA ENERGY COMMISSION FOR FREIGHT TRANSPORTATION PROJECTS AT CALIFORNIA SEAPORTS
 
Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the First Amendment to the California Energy Commission (CEC) Grant Agreement No. 16-3446 (Grant Agreement), to fund the Advanced Yard Tractor Deployment and Eco-FRATIS Drayage Truck Efficiency Projects (Project).  On December 15, 2016, the Board approved the CEC Grant Agreement, which provided $5,833,000 to fund the Project.  Since that time, the CEC has approved modifications to the match share amounts for the Advanced Yard Tractor Deployment Project and made modifications to the Eco-FRATIS subrecipient labor categories and rates. Therefore, the CEC Grant Agreement needs to be amended to incorporate these administrative changes. All other terms and conditions remain the same, including overall grant award ($5,833,000).  In addition, staff is requesting approval for the delegation of authority to the Executive Director to sign CEC Letters of Agreement which approve nonsignificant changes (as defined by the Grant Award terms and conditions) to the Agreement.  Any modifications that are defined by the Grant Award terms and conditions as significant changes will continue to be approved through a formal amendment to the Agreement.  The Harbor Department’s financial responsibility continues to be limited to staff time to manage the Project as subrecipient invoices will be paid only after grant funds are received from the CEC on an on-going basis.
 
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 First Amendment to Grant Agreement No. 16-3446 between the City of Los Angeles Harbor Department and the California Energy Commission for the Advanced Yard Tractor Deployment and Eco-FRATIS Drayage Truck Efficiency Project; (3) approve the delegation of authority to the Executive Director to execute California Energy Commission (CEC) Letters of Agreement to implement Nonsignificant Changes to the Agreement, as defined by the CEC Grant Award Terms and Conditions; (4) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Grant Agreement No. 16-3446 with the California Energy Commission for and on behalf of the Board; and (5) adopt Resolution No. _______________.
 

 
7.       RESOLUTION NO.____________ - ORDER DIRECTING CHEVRON U.S.A., INC., KINDER MORGAN TANK STORAGE TERMINALS LLC, PARAMOUNT PETROLEUM CORPORATION, PHILLIPS 66 OIL COMPANY, SHELL OIL COMPANY, SOUTHERN CALIFORNIA GAS COMPANY, ULTRAMAR INC., AND VOPAK TERMINAL LOS ANGELES INC. TO RELOCATE PIPELINES INTERFERING WITH WILMINGTON WATERFRONT PROMENADE PROJECT
 
Transmittal 1

Transmittal 2

Summary: Staff requests approval of the Orders directing various City of Los Angeles Harbor Department (Harbor Department) tenants to relocate pipelines interfering with the Wilmington Waterfront Promenade Project (Project). The Project includes a waterfront promenade, pedestrian plaza, parking lot, realignment of Water Street and parking northwest of Banning's Landing Community Center.  To allow for the development of the Project, several underground, and possibly aboveground pipelines from various companies must first be removed, relocated, or protected in place.  The proposed Orders will serve as notice to impacted Harbor Department pipeline tenants, in accordance with each pipeline tenant’s permit to remove, relocate, or protect in place the affected pipelines. Payment of costs associated with the relocation of affected pipelines will be the financial responsibility of the respective tenants.
 
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 directing Chevron U.S.A., Inc. to change the route or location of its pipelines pursuant to Section 11(u) of Permit No. 486; (3) approve the Order directing Kinder Morgan Tank Storage Terminals LLC to change the route or location of its pipelines pursuant to Section 8(j) of Permit No. 708; (4) approve the Order directing Paramount Petroleum Corporation to change the route or location of its pipelines pursuant to Section 9(b) of Revocable Permit No. 07-18; (5) approve the Order directing Shell Oil Company/Equilon Enterprises LLC, dba Shell Pipeline Company to change the route or location of its pipelines pursuant to Section 8(j) of Permit No. 634; (6) approve the Order directing Southern California Gas Company to change the route or location of its pipelines pursuant to Section 9(h) of Order No. 4506; (7) approve the Order directing Ultramar Inc./Valero Oil Company to change the route or location of its pipelines pursuant to Section 6(i) of Permit No. 306; (8) approve the Order directing Vopak Terminal Los Angeles Inc. to change the route or location of its pipelines pursuant to Section 7(j) of Permit No. 560; (9) authorize the Board Secretary to attest to the Orders directing the aforementioned  Harbor Department tenants to relocate their pipelines; and (10) adopt Resolution No. ____________ and Order Nos. ________________________.
 

 
8.       RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39865 TO ALL AMERICAN LOCK CORPORATION FOR HARBOR ADMINISTRATION BUILDING GARAGE DOORS REPLACEMENT
 
Transmittal 1

Summary: Staff requests approval of Contract No. 39865 with All American Lock Corporation for replacement of the four Harbor Administration Building (HAB) garage doors with faster and more secure doors. The contract amount, plus a 10% contingency, is $247,287.93. The entrance and exit doors on Palos Verdes Street will be high-speed grille-style security doors (to allow exhaust fumes to exit the garage) with the entrance door operated by employee’s card keys. The doors on 3rd Street will be high speed solid security doors with the entrance door also operated by card keys. This contract is the financial responsibility of the City of Los Angeles Harbor Department (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 CEQA Guidelines; (2) 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; (3) approve Contract No. 39865 with All American Lock Corporation, in the amount of $224,807.21: that a 10% contingency not included in the original contract amount be applied to the total authorization of $247,287.93; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39865 with All American Lock Corporation; and (5) adopt Resolution No. _________________.
 

 
9.       RESOLUTION NO.____________ - APPROVAL OF FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 15-3364 TO FUND THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT’S OVERHEAD CATENARY SYSTEM PROJECT

Transmittal 1

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the proposed First Amendment (First Amendment) to Memorandum of Agreement No. 15-3364 (Agreement) with the South Coast Air Quality Management District (SCAQMD) and the China Shipping Petitioners which include the Natural Resources Defense Council (NRDC), San Pedro and Peninsula Homeowners Coalition, San Pedro Peninsula Homeowners United, Inc., and the Coalition for Clean Air, Inc. (collectively the Petitioners) to modify the project scope for the overhead catenary zero emission truck demonstration project and to extend the term of the Agreement by six months. The Agreement will continue to be the financial responsibility of the Harbor Department, and no additional funding beyond what has already been committed would be required if the proposed First Amendment is approved.
 
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 First Amendment to Memorandum of Agreement No. 15-3364 substantially as to the form attached hereto to extend the term by 6 months and to modify the project scope; (3) direct the Board Secretary to transmit the First Amendment to Memorandum of Agreement No. 15-3364 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) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to said Memorandum of Agreement, for and on behalf of the Board; and (5) adopt Resolution No. ___________.
 

 
10.     RESOLUTION NO.____________ - APPROVE SECOND AMENDMENT TO PERMIT NO. 892 WITH TRI-MARINE FISH COMPANY, LLC

Transmittal 1

Summary: Staff requests approval of the Second Amendment to Permit No. 892 (P892) between the City of Los Angeles Harbor Department (Harbor Department) and Tri-Marine Fish Company, LLC (Tri-Marine). The proposed Second Amendment will clarify the effective date of the First Amendment to P892 to be November 6, 2017 and allow for the assignment of P892.  Under P892, Tri-Marine has been entitled to use and occupy a total area of approximately 248,350 square feet comprised of paved land, warehouse space and office space on Terminal Island as a wet fish processing facility.
 
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 Permit No. 892 with Tri-Marine Fish Company, LLC; (3) direct the Board Secretary to transmit the Second Amendment to Permit No. 892 to the City Council for approval pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary attest to the Second Amendment to Permit No. 892 upon approval by City Council; and (5) adopt Resolution No. _________________.

 
Regular Items (11 – 13)
 

 
11.     RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39866 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND VIGOR KVICHAK LLC FOR THE DESIGN, CONSTRUCTION AND DELIVERY OF TWO NEW PILOT BOATS
 
Transmittal 1

Transmittal 2
Transmittal 3

 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed activity 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 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) approve the Contract with Vigor Kvichak LLC for a duration of eighteen months in the amount of $6,348,040.22; (4) authorize the Executive Director to execute and the Board Secretary to attest to the said Contract for and on behalf of the Board; and (5) adopt Resolution No. ___
 

 
12.     RESOLUTION NO.____________ - APPROVAL OF STATE PROPOSITION 1B TRADE CORRIDORS IMPROVEMENT FUND PROGRAM BASELINE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA FOR THE EVERPORT TERMINAL EFFICIENCY ENHANCEMENT AND TRUCK TRIP REDUCTION PROJECT

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(i) of the Los Angeles City CEQA Guidelines; (2) approve the Everport Terminal Efficiency Enhancement and Truck Trip Reduction Project (Participating Project) Baseline Agreement substantially as to form; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, this Baseline Agreement, for and on behalf of the Board; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, future Baseline Agreement Amendments to account for revised project schedule and/or reduced project cost, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (5) adopt Resolution No. _________________.

Waterfront & Commercial Real Estate

 

 
13.     RESOLUTION NO.____________ - APPROVE PERMIT NO. 916 WITH SHELL OIL COMPANY
 
Transmittal 1

Summary: Staff requests approval of Permit No. 916 with Shell Oil Company (Shell) for a term of 30 years to succeed Permit No. 634.  Permit No. 916 will grant Shell the right to use City of Los Angeles Harbor Department (Harbor Department) property consisting of 11.57 acres at Berths 167-169 in Wilmington for the construction, operation, and maintenance of a marine oil terminal and storage tanks.  The Final Environmental Impact Report (EIR) describing this project was certified by the Board of Harbor Commissioners (Board) on August 23, 2018. Permit No. 916 is necessary to comply with the Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) project, which is intended to protect public health, safety, and the environment.  Shell’s annual fixed rental compensation for land rent was increased to $1,589,160.00 on February 12, 2018 ($397,290 per quarter) and will be increased by Consumer Price Index (CPI) on February 12, 2019.  The annual compensation for land rent will continue as of the effective date of the new permit, plus all tolls and charges pursuant to Tariff No. 4, based on the land market value of $40 per square foot and Board policy of 10 percent rate of return on land (plus February 2019 CPI adjustment) with a 50 percent discount for subsurface rights. Land rent will be adjusted annually by the Consumer Price Index (CPI-U), Los Angeles-Long Beach-Anaheim. Minimum wharf rent is set at $900,000 per year, per berth. Wharf rent will expire when the Harbor Department achieves its target rate of return of 12 percent on the Harbor Department’s investment of $7,500,000.  Shell will also be responsible for all costs associated with maintenance and operation of the premises except maintenance dredging and rock slope maintenance. The Harbor Department will be financially responsible for the costs of maintenance dredging and maintenance of the rock slope.
 
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(i) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 916 with Shell Oil Company; (3) direct the Board Secretary to transmit Permit No. 916 to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 916 upon Board approval contingent upon approval by City Council; and (5) adopt Resolution No.____________.
 
 
K.       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 LEGAL COUNSEL – INITIATE LITIGATION
          (Subdivision (d)(4) of Government Code Section 54956.9)
 
          Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:
          (one case)
 
3.       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:
          (three cases)
 
         
4.       CONFERENCE WITH REAL PROPERTY NEGOTIATORS
          (Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to a Permit No. 905 with Fisherman’s Pride Processors dba Neptune Foods:
 
          Property:                          338 Cannery Street, Terminal Island, California
 
          City Negotiator:                 Jack Hedge
 
          Tenant Negotiator:            David Prince
 
          Negotiating Parties:           City and Fisherman’s Pride Processors dba Neptune Foods
 
          Under Negotiation:            Price and Terms
 
 
L.       Adjournment