Banning's Landing Community Center
100 E. Water Street
Wilmington, California 90744
SPECIAL MEETING AGENDA
THURSDAY, FEBRUARY 21, 2019 AT 4:30 P.M.
OPEN SESSION WILL BEGIN NO SOONER THAN 6:00 P.M.
Board of Harbor Commissioners
President Jaime L. Lee
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
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
City of Los Angeles v. Certain Underwriters at Lloyd’s, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Wilmington Marine Service, Inc., Los Angeles Superior Court Case No. BC559959
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Cheryl Morris v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC552974, Court of Appeal Case No. B278231
4. 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)
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with PBF Energy Western Region LLC:
Property: Berths 237-240C, Terminal Island, California
City Negotiator: Michael Galvin
Tenant Negotiator: Miles Kajioka
Negotiating Parties: City and PBF Energy Western Region LLC
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Phillips 66 Company:
Property: Berths 148-151, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: David Ching
Negotiating Parties: City and Phillips 66 Company
Under Negotiation: Price and Terms
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Shore Terminals LLC:
Property: Berths 163-164, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Chad Edinger
Negotiating Parties: City and Shore Terminals LLC
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Ultramar Inc.:
Property: Berths 163-164, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Tim Holeman
Negotiating Parties: City and Ultramar Inc.
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Vopak Terminal Los Angeles Inc.:
Property: Berths 187-191, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Michael LaCavera
Negotiating Parties: City and Vopak Terminal Los Angeles Inc.
Under Negotiation: Price and Terms
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with Kinder Morgan Tank Storage Terminals LLC:
Property: Berths 118-119, Wilmington, California
City Negotiator: Michael Galvin
Tenant Negotiator: Greg Cooke
Negotiating Parties: City and Kinder Morgan Tank Storage Terminals LLC
Under Negotiation: Price and Terms
OPEN SESSION
C. Executive Director Remarks
D. Level I Coastal Development Permit
The Executive Director has approved two Level I CDPs:
1. CDP No. 18-25 APM Terminals – Landside Infrastructure to Operate Battery-Electric Powered Equipment
Transmittal 1
Transmittal 2
Transmittal 3
2. CDP No. 19-01 Cirque du Soleil America, Inc. – Use of the Battleship Iowa Parking Lot from March 25, 2019 through June 7, 2019 to Construct, Operate, and Maintain a Temporary Live Entertainment Facility for the show “Amaluna”
Transmittal 1
Transmittal 2
E. Comments from the Public on Non-Agenda Items
F. 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.
G. Reports of the Commissioners
H. Board Committee Reports
Audit Committee of February 21, 2019
I. Approval of the Minutes
Regular Meeting of February 7, 2019
J. Presentation
- Wilmington Waterfront Update – Hugo Cisneros & Mike Galvin
- Public Access Investment Plan Update – Michael Cham
K. Special Order of the Day – Level II Non-Appealable Coastal Development Permit
Public Hearing
1(a) ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-20) TO THE PORT OF LOS ANGELES FOR THE WILMINGTON WATERFRONT PROMENADE 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 & Strategy
1(b) RESOLUTION NO.____________ - ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 18-20) TO THE PORT OF LOS ANGELES FOR THE WILMINGTON WATERFRONT PROMENADE PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 18-20 to the City of Los Angeles Harbor Department (Harbor Department) for the proposed Wilmington Waterfront Promenade (Project). The Project will involve: the construction of a waterfront promenade near Banning’s Landing; reconstruction of a portion of the seawall at Berth 185; street realignment and abandonment; site removals; demolition of buildings; removal of underground pipelines; and construction of public plazas, the Wilmington Youth Sailing Center, parking lots, landscape, hardscape, restrooms, open green spaces, walkways and visitor-serving amenities. The Project, as outlined in the Application for Port Permit (APP) No. 160720-109, is the financial responsibility of Harbor Department. The total cost of the Project is estimated to be $52,700,000.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 18-20, a Level II non-appealable permit; (2) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(i) of the City of Los Angeles CEQA Guidelines where the underlying project has been previously assessed; (3) find that the Project conforms with the Port of Los Angeles certified Port Master Plan (PMP); (4) upon closure of the public hearing, resolve to approve the issuance of CDP No.18-20, consistent with the project description listed on APP No. 160720-109, 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.___________.
L. Board Reports of the Executive Director
Consent Items (2 – 8)
City Attorney
2. RESOLUTION NO.___________ - SECOND AMENDMENT TO AGREEMENT NO. 13-3109 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BROWN & WINTERS
Transmittal 1
Transmittal 2
Transmittal 3
Summary: The Office of the City Attorney (City Attorney) requests the Board of Harbor Commissioners’ (Board) approval of a Second Amendment to Agreement No. 13-3109 between the City of Los Angeles Harbor Department (Harbor Department) and the law firm of Brown & Winters. The proposed Second Amendment will extend the term of the Agreement by eighteen months. The current six-year Agreement expires on February 28, 2019. The extension will allow Brown & Winters to continue to assist the City Attorney with efforts to recover environmental investigation and cleanup expenses from both the City’s and certain tenant’s historic insurance policies. The Second Amendment does not alter the compensation amount or the contingent fee payment schedule but does make it clear that Brown & Winters’ fees must be paid from recoveries made during the contract period. Ancillary litigation costs and expenses will continue to be 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 the Second Amendment to Agreement No. 13-3109 with Brown & Winters, extending the term of the Agreement by eighteen months, for a total term of seven years and six months (March 1, 2013 to August 31, 2020); (3) authorize and Direct the Board Secretary to forward the Second Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No.13-3109; and (5) adopt Resolution No.___________.
Waterfront and Commercial Real Estate
3. RESOLUTION NO.___________ - ORDERS DIRECTING KINDER MORGAN TANK STORAGE TERMINALS, LLC, PBF ENERGY WESTERN REGION, LLC, AND SOUTHERN CALIFORNIA GAS COMPANY TO RELOCATE PIPELINES INTERFERING WITH THE ALAMEDA CORRIDOR SOUTHERN TERMINUS GAP CLOSURE PROJECT
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of the Orders directing various City of Los Angeles Harbor Department (Harbor Department) tenants to relocate pipelines interfering with the Alameda Corridor Southern Terminus Gap Closure Project (Project), previously referred to as the West Basin Lead Track Gap Closure Project. The Project will construct a second San Pedro mainline track, eliminating a short gap in trackage between the West Basin area of the Port of Los Angeles and the Alameda Corridor freight rail "expressway" which will significantly reduce delays for trains servicing various tenants in the West Basin area. To allow for development of the Project, several underground, and possibly above-ground 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 statutorily, administratively, and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15282(k) of the State CEQA Guidelines and Article II Section 2(f) and Article III Class 1(17) of the Los Angeles City CEQA Guidelines; (2) 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; (3) approve the Order directing PBF Energy Western Region LLC to change the route or location of its pipelines pursuant to Section 106.4 of Permit No. 914; (4) 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; (5) authorize the Board Secretary to attest to the Orders directing the aforementioned Harbor Department tenants to relocate their pipelines; and (6) adopt Resolution No.____________ and Order Nos.__________________________.
Waterfront and Commercial Real Estate
4. RESOLUTION NO.___________ - APPROVE LICENSE AGREEMENT WITH LOS ANGELES DEPARTMENT OF WATER & POWER
Transmittal 1
Summary: Staff requests approval of a License Agreement (License) with the Los Angeles Department of Water & Power (LADWP). The License will allow the City of Los Angeles Harbor Department (Harbor Department) to enter LADWP property to collect samples from existing monitoring wells as a part of a larger groundwater monitoring program at a site that was previously known as the Roehl Project Site located off of Harry Bridges Boulevard in Wilmington, CA. The Harbor Department conducts routine groundwater monitoring at this site in accordance with requirements from the Corrective Action Consent Agreement (CACA) with the Department of Toxic Substances Control (DTSC). The License is a no-fee agreement and has a term of five (5) years. As the License is being offered rent-free over its term, the Harbor Department’s financial obligations will not be impacted by approval of the proposed License.
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) find that it is in the best interest of the City of Los Angeles Harbor Department to enter into a no-fee License Agreement with Los Angeles Department of Water & Power to obtain access to LADWP property for purposes of groundwater monitoring; (3) approve the License Agreement with the Los Angeles Department of Water & Power; (4) authorize the Executive Director to execute and the Board Secretary to attest to the License Agreement; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
5. RESOLUTION NO.___________ - APPROVE FIRST AMENDMENT TO AGREEMENT NO. 08-2678 CLEAN ENERGY
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the First Amendment to Agreement No. 08-2678 with Clean Energy, a California corporation, to modify the term of the lease, the extension options, and compensation schedule, as well as additional uses for the fueling station. All other terms and conditions of Agreement No. 08-2678 will remain the same. Clean Energy currently pays compensation of $0.01 per gallon of fuel sold through its fueling station with no provision for base rent. Because 40 percent of the fueling station premises is located on land jointly owned by the Harbor Department and the Port of Long Beach (POLB), the Harbor Department receives 20 percent of the total compensation paid by Clean Energy. For the fiscal year (FY) that ended June 30, 2018, the Harbor Department received $5,018.81 from Clean Energy. Under the proposed First Amendment, Clean Energy would pay compensation of $0.03 per gallon of fuel sold as well as base rent over the proposed five-year term of the First Amendment. Assuming annual fuel sales of 3,750,000 gallons and the receipt of annual base rent, the Harbor Department’s 20 percent share of compensation is estimated to average $55,504.80 annually if the First Amendment is approved.
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 First Amendment to Agreement No. 08-2678 with Clean Energy; (3) direct the Board Secretary to transmit the First Amendment to the City Council pursuant to City Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment upon approval by City Council; and (5) adopt Resolution No.____________.
Cargo Marketing
6. RESOLUTION NO.___________ - APPROVAL OF FIRST AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 14-3223 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AGILITY LOGISTICS CORPORATION, FTZ 202, SITE 11B
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of a First Amendment (First Amendment) to Foreign-Trade Zone (FTZ) Operating Agreement No. 14-3223 between the City of Los Angeles Harbor Department (Harbor Department) and Agility Logistics Corp. (Agility) to continue operating its warehouse within FTZ 202, Site 11B, located at 21906 Arnold Center Road, Carson, CA 90810. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Agility’s current FTZ Operating Agreement No. 14-3223 will expire on May 31, 2019. The term of the agreement is five-years with three, five-year renewal options. Agility requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department needs to execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 11B consists of 111,500 square feet of warehouse and office space on 5.77 acres located approximately nine miles north of the Port of Los Angeles. Agility will operate its warehouse under FTZ procedures as a multi-usage site. This proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $7,750 annually from Agility (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 First Amendment to Foreign-Trade Zone Operating Agreement No. 14-3223 between the City of Los Angeles Harbor Department and Agility Logistics Corp.; (3) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 14-3223 to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 14-3223; and (5) adopt Resolution No.___________.
Cargo Marketing
7. RESOLUTION NO.___________ - APPROVAL OF THIRD AMENDMENT TO FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 08-2729 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOWARD HARTRY INC., FTZ 202, SITE 27
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of a Third Amendment (Third Amendment) to Foreign-Trade Zone (FTZ) Operating Agreement No. 08-2729 between the City of Los Angeles Harbor Department (Harbor Department) and Howard Hartry Inc. (HHI) to continue operating its warehouse within FTZ 202, Site 27, located at 220 N. Fries Ave, Wilmington, California 90744. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. HHI’s current FTZ Operating Agreement No. 08-2729 will expire on April 30, 2019. The term of the agreement is five-years with three, five-year renewal options. HHI 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 27 consists of 11,800 square feet of warehouse and office space on 0.25 acres located adjacent to the Port of Los Angeles. HHI 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 HHI (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. 08-2729 between the City of Los Angeles Harbor Department and Howard Hartry Inc.; (3) direct the Board Secretary to transmit the proposed Third Amendment to Foreign-Trade Zone Operating Agreement No. 08-2729 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 to Foreign-Trade Zone Operating Agreement No. 08-2729; and (5) adopt Resolution No.___________.
Commission Office
8. RESOLUTION NO.____________ - APPROVAL FOR COMMISSION PRESIDENT JAIME L. LEE TO TRAVEL ON A BUSINESS DEVELOPMENT TRIP TO EUROPE
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Regular Item No. 9
Environmental Management
9. RESOLUTION NO.____________ - ADOPTION OF THE FINAL REVISED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WILMINGTON WATERFRONT FINAL ENVIRONMENTAL IMPACT REPORT AND INCORPORATION OF THE WILMINGTON YOUTH SAILING CENTER
Transmittal 1
Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt the Final Revised Mitigation Monitoring and Reporting Program (MMRP) for the proposed Wilmington Waterfront Development Project (Project) and include those measures applicable to and previously approved for the Wilmington Youth Sailing Center. The Final Environmental Impact Report (EIR) for the proposed Project was certified by the Board in June of 2009. The proposed Project will connect the Wilmington community with the waterfront, create open space and develop visitor-serving commercial and business opportunities in and around the Port of Los Angeles (Port). At the time of the Final EIR certification in 2009, the Board also approved a Final MMRP to reduce the environmental impacts associated with the construction and operation of the proposed Project. The MMRP is now over ten years old and some measures are now obsolete due to design changes, advanced technology or lack of availability of resources that were in abundance at the time the original MMRP was approved (e.g. use of reclaimed water). In addition, some measures have been modified as they have been superseded over time with regulations. The MMRP has been revised to reflect these changes and these revisions must be approved prior to the start of the proposed Project. None of the proposed changes to the MMRP create a new adverse significance finding or exacerbate a previously identified adverse environmental impact. In most cases, the revisions merely reflect current standards and practices which result in reducing previously identified adverse impacts. The proposed Project is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15090, the Final Environmental Impact Report (a) has been completed in compliance with the State CEQA Guidelines and the City of Los Angeles CEQA Guidelines and was certified by the Board in June 2009; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project in 2009; and (c) reflected the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, pursuant to the State California Environmental Quality Act Guidelines Section 15070, a Mitigated Negative Declaration for the Wilmington Youth Sailing Center (Sailing Center) (a) has been completed in compliance with the State CEQA Guidelines and the City of Los Angeles CEQA Guidelines and was certified by the Board in November 2012; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project in 2012; and (c) reflected the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (3) find that, Mitigation Monitoring and Reporting Programs were prepared pursuant to State CEQA Guidelines Section 15097 for both projects; but due to the time lapse between the approval of the Final Environmental Impact Report and the Mitigation Monitoring and Reporting Program (MMRP) and project commencement, as well as the relocation of the Wilmington Youth Sailing Center, it is now necessary to revise the two MMRPs into one to streamline, clarify or modify measures that are no longer applicable; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15164, the proposed Revised Mitigation Monitoring and Reporting Program will not result in any new significant environmental effects or any substantially more severe effects than previously analyzed in the certified 2009 Final Environmental Impact Report for the Wilmington Waterfront Development Project or the 2012 Final Mitigated Negative Declaration for the Wilmington Youth Sailing Center; (5) adopt the Final Revised Mitigation Monitoring and Reporting Program (MMRP) as required by Public Resources Code Section 21081.6 and State California Environmental Quality Act Guidelines Section 15074. The MMRP is designed to ensure compliance with the mitigation 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 and other applicable entities, to monitor and verify Project compliance with those mitigation measures and conditions of Project approval; (6) find that the information added to or altered to the Final Revised Mitigation Monitoring and Reporting Program does not require the need to prepare subsequent Environmental Impact Report pursuant to State California Environmental Quality Act Guidelines Section 15162; and (7) adopt Resolution No.___________.