Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MARCH 7, 2019 AT 9:00 A.M.
THURSDAY, MARCH 7, 2019 AT 9:00 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives – 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
G. Approval of the Minutes
Special Meeting of February 21, 2019
H. Presentation
L.A. Harbor Department Industrial, Economic & Administrative Survey – Presented by BCA Watson Rice, LLP
IEAS Report
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 9)
Community Relations
1. RESOLUTION NO.____________ - APPROVAL OF AGREEMENTS FOR PROFESSIONAL PHOTOGRAPHY SERVICES AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CHRIS VALLE PHOTOGRAPHY, NICK SOUZA PHOTOGRAPHY, INC., AND TASO PAPADAKIS PHOTOGRAPHY
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve agreements with Chris Valle Photography, Nick Souza Photography, Inc., and Taso Photography for professional photography services for on-call, on-site photography for events and other matters involving the City of Los Angeles Harbor Department (Harbor Department). The total sum of the three proposed agreements shall be from a pool of funds established by the Harbor Department that will not exceed $75,000 for three years. The Harbor Department is financially responsible for payment of expenses incurred under the proposed agreements.
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 three agreements for a term of three years for a sum not-to-exceed $75,000 for three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve agreements with Chris Valle Photography, Nick Souza Photography, Inc., and Taso Photography for professional photography services for on-call, on-site photography for events and other matters involving the City of Los Angeles Harbor Department (Harbor Department). The total sum of the three proposed agreements shall be from a pool of funds established by the Harbor Department that will not exceed $75,000 for three years. The Harbor Department is financially responsible for payment of expenses incurred under the proposed agreements.
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 three agreements for a term of three years for a sum not-to-exceed $75,000 for three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.____________.
Community Relations
2. RESOLUTION NO.___________ - AMENDMENT TO PURCHASE ORDER 39857 FOR EVENT EQUIPMENT RENTAL SERVICES BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AMERICAN RENT ALL
Transmittal 1
Summary: Staff requests approval of an amendment (Amendment) to Purchase Order 39857 with American Rent All for event equipment rental services. The proposed Amendment will add $10,001 in additional funding to the existing purchase order such that the total not-to exceed amount for the current Purchase Order would be $160,000. The Harbor Department is financially responsible for payment of expenses incurred under the proposed Amendment.
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 Amendment to Purchase Order 39857 increasing the not-to-exceed amount to $160,000 for the current term; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.___________.
Transmittal 1
Summary: Staff requests approval of an amendment (Amendment) to Purchase Order 39857 with American Rent All for event equipment rental services. The proposed Amendment will add $10,001 in additional funding to the existing purchase order such that the total not-to exceed amount for the current Purchase Order would be $160,000. The Harbor Department is financially responsible for payment of expenses incurred under the proposed Amendment.
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 Amendment to Purchase Order 39857 increasing the not-to-exceed amount to $160,000 for the current term; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.___________.
Cargo Marketing
3. RESOLUTION NO.____________ - APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND QUIK PICK EXPRESS, LLC, FTZ 202, SITE 10G
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Quik Pick Express, LLC (Quik Pick) to operate facilities within FTZ 202, Site 10G, located at 1) 1021 E. 233rd Street, Carson, California 90745, 2) 1058 E. 230th Street, Carson, California 90745, 3) 1128 E. 230th Street, Carson, California 90745, 4) 22418 Bonita Street, Carson, California 90745, and 5) 23610 S. Banning Blvd., Carson, California 90745. The proposed sites are within the 325.5 acre FTZ 202 Magnet Site 10 owned by Watson Land Company. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 10G consists of five warehouse and office buildings totaling approximately 508,509 square feet located approximately nine miles from the Port of Los Angeles. Quik Pick will be operating its facilities under FTZ procedures as multi-usage sites. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. This Agreement will not require funding by the Harbor Department. If approved, the Harbor Department will receive $7,750 annually from Quik Pick.
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 Quik Pick Express, LLC; (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 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.___________.
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Quik Pick Express, LLC (Quik Pick) to operate facilities within FTZ 202, Site 10G, located at 1) 1021 E. 233rd Street, Carson, California 90745, 2) 1058 E. 230th Street, Carson, California 90745, 3) 1128 E. 230th Street, Carson, California 90745, 4) 22418 Bonita Street, Carson, California 90745, and 5) 23610 S. Banning Blvd., Carson, California 90745. The proposed sites are within the 325.5 acre FTZ 202 Magnet Site 10 owned by Watson Land Company. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 10G consists of five warehouse and office buildings totaling approximately 508,509 square feet located approximately nine miles from the Port of Los Angeles. Quik Pick will be operating its facilities under FTZ procedures as multi-usage sites. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. This Agreement will not require funding by the Harbor Department. If approved, the Harbor Department will receive $7,750 annually from Quik Pick.
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 Quik Pick Express, LLC; (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 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
4. RESOLUTION NO.____________ - APPROVAL OF MASTER JOINT REVOCABLE PERMIT NO. 17-24 AMONG LONG BEACH GAS AND OIL AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PORT OF LONG BEACH AS JOINT-OWNERS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Master Joint Revocable Permit (MJRP) No. 17-24 among Long Beach Gas and Oil (LBGO) and the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB), as joint owners, for the maintenance and operations of pipelines and related improvements. The primary purpose of the MJRP is to consolidate all of LBGO’s existing pipelines into one master agreement and to improve records of facilities in public streets including abandoned pipelines. Only one pipeline is subject to rent at an initial rent payable of $2,000 per year with annual adjustments based on the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim (CPI-U).
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 Section 15301 of the state CEQA Guidelines; (2) approve Master Joint Revocable Permit No. 17-24 among Long Beach Gas and Oil and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No.17-24; and (4) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Master Joint Revocable Permit (MJRP) No. 17-24 among Long Beach Gas and Oil (LBGO) and the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB), as joint owners, for the maintenance and operations of pipelines and related improvements. The primary purpose of the MJRP is to consolidate all of LBGO’s existing pipelines into one master agreement and to improve records of facilities in public streets including abandoned pipelines. Only one pipeline is subject to rent at an initial rent payable of $2,000 per year with annual adjustments based on the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim (CPI-U).
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 Section 15301 of the state CEQA Guidelines; (2) approve Master Joint Revocable Permit No. 17-24 among Long Beach Gas and Oil and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No.17-24; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
5. RESOLUTION NO.____________ - APPROVE FIRST AMENDMENT TO PERMIT NO. 930 WITH THE JANKOVICH COMPANY
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the First Amendment to Permit No. 930 with the Jankovich Company (Jankovich) for the use of City of Los Angeles Harbor Department (Harbor Department) property at Berths 73A, Berth 51 and the Canetti’s Building (Permit 930 Premises). The First Amendment will grant Jankovich an additional year of no rent on the Permit 930 Premises through November 5, 2019. Jankovich currently has the right to occupy and use the Permit 930 Premises to operate a marine fueling station under Permit No. 930. Concurrently, Jankovich also operates a marine fueling station at Berth 74 under Revocable Permit (RP) No. 12-11. Berth 74 falls within the development footprint of the San Pedro Public Market, and Jankovich was required to relocate its operations. Permit No. 930 was granted to facilitate this relocation. In order to allow Jankovich time to obtain all of the required permits to complete the construction of improvements at the Permit 930 Premises, the Harbor Department initially granted Jankovich up to one year of no rent on the Permit 930 Premises through November 2018. Despite diligent efforts, Jankovich has thus far been unable to obtain all required permits, and does not anticipate being able to complete construction and begin operations at Berth 73A until November 2019. Jankovich will continue to pay monthly minimum rent and a percentage of gross receipts under RP No. 12-11. For calendar year 2018, Jankovich paid a total of $298,000 for land rent, dockage, and gross receipts under RP No. 12-11. Under Permit No. 930, Jankovich is required to pay monthly minimum rent of $24,200.16, plus percentage rent and monthly dockage charges. If the First Amendment is approved, the Harbor Department will forego $290,402 in annual monthly minimum rent on the Permit 930 Premises through November 5, 2019.
Recommendation: Board resolve to (1) find that the Director of Environmental Management had 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 the proposed action is in the best interest of the City of Los Angeles Harbor Department despite the fact that the estimated rate of return on land for Permit No. 930 will not meet stated policy targets, as enacted by the Board, until December 2019; (3) approve First Amendment to Permit No. 930 with The Jankovich Company; (4) direct the Board Secretary to transmit the First Amendment to Permit No. 930 to the City Council for approval pursuant to Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Permit No. 930 upon Board approval contingent upon approval by the City Council; and (6) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the First Amendment to Permit No. 930 with the Jankovich Company (Jankovich) for the use of City of Los Angeles Harbor Department (Harbor Department) property at Berths 73A, Berth 51 and the Canetti’s Building (Permit 930 Premises). The First Amendment will grant Jankovich an additional year of no rent on the Permit 930 Premises through November 5, 2019. Jankovich currently has the right to occupy and use the Permit 930 Premises to operate a marine fueling station under Permit No. 930. Concurrently, Jankovich also operates a marine fueling station at Berth 74 under Revocable Permit (RP) No. 12-11. Berth 74 falls within the development footprint of the San Pedro Public Market, and Jankovich was required to relocate its operations. Permit No. 930 was granted to facilitate this relocation. In order to allow Jankovich time to obtain all of the required permits to complete the construction of improvements at the Permit 930 Premises, the Harbor Department initially granted Jankovich up to one year of no rent on the Permit 930 Premises through November 2018. Despite diligent efforts, Jankovich has thus far been unable to obtain all required permits, and does not anticipate being able to complete construction and begin operations at Berth 73A until November 2019. Jankovich will continue to pay monthly minimum rent and a percentage of gross receipts under RP No. 12-11. For calendar year 2018, Jankovich paid a total of $298,000 for land rent, dockage, and gross receipts under RP No. 12-11. Under Permit No. 930, Jankovich is required to pay monthly minimum rent of $24,200.16, plus percentage rent and monthly dockage charges. If the First Amendment is approved, the Harbor Department will forego $290,402 in annual monthly minimum rent on the Permit 930 Premises through November 5, 2019.
Recommendation: Board resolve to (1) find that the Director of Environmental Management had 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 the proposed action is in the best interest of the City of Los Angeles Harbor Department despite the fact that the estimated rate of return on land for Permit No. 930 will not meet stated policy targets, as enacted by the Board, until December 2019; (3) approve First Amendment to Permit No. 930 with The Jankovich Company; (4) direct the Board Secretary to transmit the First Amendment to Permit No. 930 to the City Council for approval pursuant to Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Permit No. 930 upon Board approval contingent upon approval by the City Council; and (6) adopt Resolution No.____________.
Port Police
6. RESOLUTION NO.____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES POLICE DEPARTMENT FOR AERIAL SUPPORT SERVICES
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for aerial support services to be conducted by the LAPD on behalf of the Harbor Department. These services are required in order for the Port Police to conduct critical missions including port security, public safety, and environmental protection. The intent of this MOA is to memorialize the understanding between the Harbor Department and the LAPD regarding the terms of the provided services and the reimbursement payments. The proposed MOA is for a three year term not to exceed $405,000. The MOA will be 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) approve the proposed MOA between the Harbor Department and the Los Angeles Police Department; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; and (4) adopt Resolution No.___________.
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for aerial support services to be conducted by the LAPD on behalf of the Harbor Department. These services are required in order for the Port Police to conduct critical missions including port security, public safety, and environmental protection. The intent of this MOA is to memorialize the understanding between the Harbor Department and the LAPD regarding the terms of the provided services and the reimbursement payments. The proposed MOA is for a three year term not to exceed $405,000. The MOA will be 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) approve the proposed MOA between the Harbor Department and the Los Angeles Police Department; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; and (4) adopt Resolution No.___________.
Port Police
7. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 09-2153 BETWEEN THE CITY OF LOS ANGELES AND THE U.S. CUSTOMS AND BORDER PROTECTION
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a First Amendment to Agreement No. 09-2153 (Transmittal 1), a Memorandum of Understanding (MOU) between the City of Los Angeles (City) and the United States Customs and Border Protection (CBP). The intent of the MOU is to satisfy the requirement of the Port Security Grant Program (PSGP) for an agreement to exist between Maritime Transportation Security Act (MTSA) regulated entities participating in layered security practices. This allows the City to receive grant reimbursement, as appropriate, for projects involving layered security with other entities. The proposed First Amendment is intended to provide clarifications of specific responsibilities in Section II, “Jurisdictional Responsibilities,” of the original MOU. Except as amended, all remaining terms and conditions of the original MOU shall remain in full force and effect. The First Amendment is administrative in nature and will have no financial impact on the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) authorize the Executive Director to execute and the Board Secretary to attest to Agreement; and (3) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a First Amendment to Agreement No. 09-2153 (Transmittal 1), a Memorandum of Understanding (MOU) between the City of Los Angeles (City) and the United States Customs and Border Protection (CBP). The intent of the MOU is to satisfy the requirement of the Port Security Grant Program (PSGP) for an agreement to exist between Maritime Transportation Security Act (MTSA) regulated entities participating in layered security practices. This allows the City to receive grant reimbursement, as appropriate, for projects involving layered security with other entities. The proposed First Amendment is intended to provide clarifications of specific responsibilities in Section II, “Jurisdictional Responsibilities,” of the original MOU. Except as amended, all remaining terms and conditions of the original MOU shall remain in full force and effect. The First Amendment is administrative in nature and will have no financial impact on the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) authorize the Executive Director to execute and the Board Secretary to attest to Agreement; and (3) adopt Resolution No.____________.
Engineering
8. RESOLUTION NO. __________ - PROPOSED FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AECOM TECHNICAL SERVICES, INC. AND JACOBS ENGINEERING GROUP, INC. FOR THE ON-CALL ENGINEERING SERVICES FOR MARINE OIL TERMINAL ENGINEERING AND MAINTENANCE STANDARDS (MOTEMS) PROGRAM
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of first amendments (First Amendments) to Agreement No. 17-3470 with AECOM Technical Services, Inc. (AECOM) and Agreement No. 17-3471 (collectively, the Agreements) with Jacobs Engineering Group Inc. (Jacobs). The First Amendments will increase total compensation under Agreement No. 17-3470 from $2,000,000 to $4,000,000 and will increase total compensation under Agreement No. 17-3471 from $2,000,000 to $3,750,000. In aggregate, the First Amendments will increase total compensation under these agreements by $3,750,000 from $4,000,000 to $7,750,000. All other terms and conditions within Agreement No. 17-3470 and Agreement No. 17-3471 will remain the same. The First Amendments are required at this time in order to accommodate an increase in the quantity of work for the MOTEMS program. Among the changes to the MOTEMS program are: additional engineering resulting from code revisions; additional studies to evaluate tenant proposed alternatives; additional inspections to comply with California State Lands Commission (CSLC) subsequent audit requirements; and, design support services during construction. Payment of costs incurred under the First Amendments will continue to be 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 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 in not required; (3) approve the First Amendment to Agreement 17-3470 with AECOM Technical Services, Inc. to increase the contract amount by $2,000,000 for the total not-to-exceed amount of $4,000,000; (4) approve the First Amendment to Agreement 17-3471 with Jacobs Engineering Group Inc. to increase the contract amount by $1,750,000 for the total not-to-exceed amount of $3,750,000; (5) authorize the Executive Director to execute and Board Secretary to attest to the said First Amendments for and on behalf of the Board of Harbor Commissioners; and (6) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of first amendments (First Amendments) to Agreement No. 17-3470 with AECOM Technical Services, Inc. (AECOM) and Agreement No. 17-3471 (collectively, the Agreements) with Jacobs Engineering Group Inc. (Jacobs). The First Amendments will increase total compensation under Agreement No. 17-3470 from $2,000,000 to $4,000,000 and will increase total compensation under Agreement No. 17-3471 from $2,000,000 to $3,750,000. In aggregate, the First Amendments will increase total compensation under these agreements by $3,750,000 from $4,000,000 to $7,750,000. All other terms and conditions within Agreement No. 17-3470 and Agreement No. 17-3471 will remain the same. The First Amendments are required at this time in order to accommodate an increase in the quantity of work for the MOTEMS program. Among the changes to the MOTEMS program are: additional engineering resulting from code revisions; additional studies to evaluate tenant proposed alternatives; additional inspections to comply with California State Lands Commission (CSLC) subsequent audit requirements; and, design support services during construction. Payment of costs incurred under the First Amendments will continue to be 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 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 in not required; (3) approve the First Amendment to Agreement 17-3470 with AECOM Technical Services, Inc. to increase the contract amount by $2,000,000 for the total not-to-exceed amount of $4,000,000; (4) approve the First Amendment to Agreement 17-3471 with Jacobs Engineering Group Inc. to increase the contract amount by $1,750,000 for the total not-to-exceed amount of $3,750,000; (5) authorize the Executive Director to execute and Board Secretary to attest to the said First Amendments for and on behalf of the Board of Harbor Commissioners; and (6) adopt Resolution No.____________.
Environmental Management
9. RESOLUTION NO.____________ - FIRST AMENDMENT TO AGREEMENT NO. 16-3438 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND RAMBOLL ENVIRON US CORPORATION
Transmittal 1
Summary: Staff requests approval of a first amendment to Agreement No. 16-3438 (Amendment) with Ramboll Environ US Corporation (Ramboll), which will increase the contract amount by $1,480,000 from $4,000,000 to $5,480,000. The additional funds are needed to provide specialized expertise to perform technical studies and complete large-scale environmental documents currently in progress. There is no change to the contract term, which is due to expire on December 1, 2019. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for expenses incurred under Agreement No. 16-3438.
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 City Charter Section 1022, work under the Amendment can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Amendment to Agreement No. 16-3438 with Ramboll Environ US Corporation to increase the contract amount from $4,000,000 to $5,480,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No.____________.
Transmittal 1
Summary: Staff requests approval of a first amendment to Agreement No. 16-3438 (Amendment) with Ramboll Environ US Corporation (Ramboll), which will increase the contract amount by $1,480,000 from $4,000,000 to $5,480,000. The additional funds are needed to provide specialized expertise to perform technical studies and complete large-scale environmental documents currently in progress. There is no change to the contract term, which is due to expire on December 1, 2019. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for expenses incurred under Agreement No. 16-3438.
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 City Charter Section 1022, work under the Amendment can be performed more feasibly by independent consultants rather than by City employees; (3) approve the Amendment to Agreement No. 16-3438 with Ramboll Environ US Corporation to increase the contract amount from $4,000,000 to $5,480,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No.____________.
Regular Items (10 – 15)
Environmental Management
10. RESOLUTION NO. _____________ - PROPOSED REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ALTASEA AT THE PORT OF LOS ANGELES FOR FUTURE ENVIRONMENTAL ANALYSES
Transmittal 1
Summary: Staff requests the Board of Harbor Commissioners (Board) accept and approve a Reimbursement Agreement (Agreement) between AltaSea at the Port of Los Angeles (AltaSea) and the City of Los Angeles Harbor Department (Harbor Department) for future environmental analyses that may be required for the AltaSea project as described in the Amended and Restated Lease No. 904. The original AltaSea project was assessed through the City Dock No.1 Marine Research Center Project Final Environmental Impact Report (EIR) dated October 18, 2012. The Final EIR Addendum dated September 2013 and the Final EIR Addendum No. 2 dated February 2017 modified the proposed AltaSea project. The Harbor Department now seeks to enter into a new reimbursement agreement with AltaSea to compensate the Harbor Department for one hundred percent (100%) of costs for subsequent environmental analyses that may be required based on future project elements. AltaSea is financially responsible for these costs.
Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of 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 AltaSea at the Port of Los Angeles to reimburse the Harbor Department for 100% of the costs incurred for environmental assistance; (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.____________.
Transmittal 1
Summary: Staff requests the Board of Harbor Commissioners (Board) accept and approve a Reimbursement Agreement (Agreement) between AltaSea at the Port of Los Angeles (AltaSea) and the City of Los Angeles Harbor Department (Harbor Department) for future environmental analyses that may be required for the AltaSea project as described in the Amended and Restated Lease No. 904. The original AltaSea project was assessed through the City Dock No.1 Marine Research Center Project Final Environmental Impact Report (EIR) dated October 18, 2012. The Final EIR Addendum dated September 2013 and the Final EIR Addendum No. 2 dated February 2017 modified the proposed AltaSea project. The Harbor Department now seeks to enter into a new reimbursement agreement with AltaSea to compensate the Harbor Department for one hundred percent (100%) of costs for subsequent environmental analyses that may be required based on future project elements. AltaSea is financially responsible for these costs.
Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of 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 AltaSea at the Port of Los Angeles to reimburse the Harbor Department for 100% of the costs incurred for environmental assistance; (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.____________.
Environmental Management
11. RESOLUTION NO.____________ - GRANT ACCEPTANCE AND APPROVAL OF A ZERO EMISSION SHORE TO STORE DEMONSTRATION PROJECT GRANT AGREEMENT WITH THE CALIFORNIA AIR RESOURCES BOARD
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests that the Board of Harbor Commissioners (Board) accept and approve a California Air Resources Board (CARB) Grant Agreement to fund the proposed Zero-Emission Shore to Store Project (Project) with Equilon Enterprises LLC (d/b/a Shell Oil Products US) (Shell), Kenworth Truck Company (Kenworth), Toyota Motor North America (Toyota), and the Port of Hueneme (POH). The Board is also requested to delegate to the Executive Director to finalize and sign the Grant Agreement with approval as to form and legality by the City Attorney. On July 12, 2018, the City of Los Angeles Harbor Department (Harbor Department) submitted a grant proposal to CARB under the Zero and Near Zero Emission Freight Facilities (ZANZEFF) grant solicitation. On October 8, 2018, CARB offered the Harbor Department a preliminary grant award in the amount of $41,122,260 to fund the proposed Project. The grant award will assist in funding the design and production of 10 hydrogen fuel cell (also referred to as hydrogen-electric) drayage trucks manufactured by Kenworth and Toyota, the construction and operation of two heavy-duty hydrogen-fueling stations built and operated by Shell, and the construction of an electrical charging infrastructure system and operation of two yard tractors at POH. These demonstrations will connect with the Harbor Department’s ongoing grant projects at the Everport Marine Terminal (Everport) and a separate hydrogen-fueling station that Shell is building to present a comprehensive system of freight movement throughout Southern California. This proposed Project will display the potential of zero emission equipment to support the entirety of the local supply chain, and encourage the development of sustainable movement of goods throughout California. The proposed Project participants (Shell, Kenworth, Toyota, POH and others demonstration partners) will provide matching funds and in-kind contributions totaling $41,426,612. The Harbor Department will not contribute any additional money to support the proposed Project outside of project administration.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15268 (ministerial); 15301(Existing Facilities); 15303(d) and 15304 Minor Alterations to Land; (2) accept and approve as to substantial form the Grant Agreement between the City of Los Angeles Harbor Department and the California Air Resources Board under the Fiscal Year 2018/2019 Air Quality Improvement Program and Low Carbon Transportation Greenhouse Gas Reduction Fund Investments Grant Solicitation for the Zero and Near Zero Emission Freight Facilities Demonstration Project; (3) authorize the Executive Director to make minor revisions to finalize the Grant Agreement with the approval as to form and legality by the Office of the City Attorney; (4) authorize the Executive Director to execute the Grant Agreement and the Board Secretary to attest to said Grant Agreement with the California Air Resources Board for and on behalf of the Board; (5) authorize the City of Los Angeles Harbor Department to proceed with the Zero-Emission Shore to Store Demonstration Project approved for funding by the California Air Resources Board; and (6) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Summary: Staff requests that the Board of Harbor Commissioners (Board) accept and approve a California Air Resources Board (CARB) Grant Agreement to fund the proposed Zero-Emission Shore to Store Project (Project) with Equilon Enterprises LLC (d/b/a Shell Oil Products US) (Shell), Kenworth Truck Company (Kenworth), Toyota Motor North America (Toyota), and the Port of Hueneme (POH). The Board is also requested to delegate to the Executive Director to finalize and sign the Grant Agreement with approval as to form and legality by the City Attorney. On July 12, 2018, the City of Los Angeles Harbor Department (Harbor Department) submitted a grant proposal to CARB under the Zero and Near Zero Emission Freight Facilities (ZANZEFF) grant solicitation. On October 8, 2018, CARB offered the Harbor Department a preliminary grant award in the amount of $41,122,260 to fund the proposed Project. The grant award will assist in funding the design and production of 10 hydrogen fuel cell (also referred to as hydrogen-electric) drayage trucks manufactured by Kenworth and Toyota, the construction and operation of two heavy-duty hydrogen-fueling stations built and operated by Shell, and the construction of an electrical charging infrastructure system and operation of two yard tractors at POH. These demonstrations will connect with the Harbor Department’s ongoing grant projects at the Everport Marine Terminal (Everport) and a separate hydrogen-fueling station that Shell is building to present a comprehensive system of freight movement throughout Southern California. This proposed Project will display the potential of zero emission equipment to support the entirety of the local supply chain, and encourage the development of sustainable movement of goods throughout California. The proposed Project participants (Shell, Kenworth, Toyota, POH and others demonstration partners) will provide matching funds and in-kind contributions totaling $41,426,612. The Harbor Department will not contribute any additional money to support the proposed Project outside of project administration.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15268 (ministerial); 15301(Existing Facilities); 15303(d) and 15304 Minor Alterations to Land; (2) accept and approve as to substantial form the Grant Agreement between the City of Los Angeles Harbor Department and the California Air Resources Board under the Fiscal Year 2018/2019 Air Quality Improvement Program and Low Carbon Transportation Greenhouse Gas Reduction Fund Investments Grant Solicitation for the Zero and Near Zero Emission Freight Facilities Demonstration Project; (3) authorize the Executive Director to make minor revisions to finalize the Grant Agreement with the approval as to form and legality by the Office of the City Attorney; (4) authorize the Executive Director to execute the Grant Agreement and the Board Secretary to attest to said Grant Agreement with the California Air Resources Board for and on behalf of the Board; (5) authorize the City of Los Angeles Harbor Department to proceed with the Zero-Emission Shore to Store Demonstration Project approved for funding by the California Air Resources Board; and (6) adopt Resolution No.____________.
Debt & Treasury
12. RESOLUTION NO.____________ - TO APPROVE REVOLVING CREDIT AGREEMENT WITH PNC BANK
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of a Revolving Credit Agreement with PNC Bank National Association and related documents that will enable the City of Los Angeles Harbor Department (Harbor Department) to borrow up to $150 million at any one time to meet cash flow needs related to funding capital projects as necessary over the course of a three-year term. Previously, the Harbor Department issued Commercial Paper (CP) Notes to help meet its cash flow needs. The Harbor Department had entered into a three-year Standby Letter of Credit Agreement (LOC Agreement) with Mizuho Bank, and that LOC Agreement expired on August 24, 2018. The LOC Agreement had supported a $200 million Commercial Paper (CP) Program over the three-year period during which it was effective. The Harbor Department did not issue any CP notes over that three-year period. The Department now recommends approval of a Revolving Credit Agreement instead of Standby Letter of Credit in support of a CP Program due to the economic savings that can be realized. PNC Bank provided the most competitive pricing pursuant to a competitive Request for Proposals (RFP) process. Although the Department does not currently anticipate the need to utilize the proposed Revolving Credit Agreement in the near future, it believes it is fiscally prudent to secure this line in the event that any unanticipated future needs arise during the next three years. Under the proposed Revolving Credit Agreement, the Harbor Department would be financially responsible for $40,000 in one-time PNC Bank’s legal fees, annual fees of $228,125 as well as additional costs should any amounts be drawn against the revolving credit facility. Total costs over the three-year term will be $724,375, assuming no amounts are drawn against the revolving credit facility.
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) adopt, pursuant to the Los Angeles City Charter (LACC) Section 609 and the Bond Procedural Ordinance of the City of Los Angeles Administrative Code (LAAC) Sections 11.28.1 through 11.28.9, the attached Resolution approving the following principal documents related to the Harbor Department’s Revolving Credit Agreement; the Authorizing Resolution; the three-year Revolving Credit Agreement with PNC Bank; and the Indenture of Trust with U.S. Bank National Association; (3) direct the Executive Director or his designees to jointly and severally do any and all actions necessary consistent with the Resolution to establish and implement the Revolving Credit Agreement, subject to the right of the City Council to review such documents pursuant to the requirements of LAAC Section 11.28.2; (4) direct the Board Secretary, pursuant to LACC Section 609 and the Bond Procedural Ordinance of the LAAC Sections 11.28.1 through 11.28.9, to certify that the Board has adopted the Resolution and, on behalf of the Board of Harbor Commissioners, immediately transmit to City Council and the Mayor for approval; and (5) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests the approval of a Revolving Credit Agreement with PNC Bank National Association and related documents that will enable the City of Los Angeles Harbor Department (Harbor Department) to borrow up to $150 million at any one time to meet cash flow needs related to funding capital projects as necessary over the course of a three-year term. Previously, the Harbor Department issued Commercial Paper (CP) Notes to help meet its cash flow needs. The Harbor Department had entered into a three-year Standby Letter of Credit Agreement (LOC Agreement) with Mizuho Bank, and that LOC Agreement expired on August 24, 2018. The LOC Agreement had supported a $200 million Commercial Paper (CP) Program over the three-year period during which it was effective. The Harbor Department did not issue any CP notes over that three-year period. The Department now recommends approval of a Revolving Credit Agreement instead of Standby Letter of Credit in support of a CP Program due to the economic savings that can be realized. PNC Bank provided the most competitive pricing pursuant to a competitive Request for Proposals (RFP) process. Although the Department does not currently anticipate the need to utilize the proposed Revolving Credit Agreement in the near future, it believes it is fiscally prudent to secure this line in the event that any unanticipated future needs arise during the next three years. Under the proposed Revolving Credit Agreement, the Harbor Department would be financially responsible for $40,000 in one-time PNC Bank’s legal fees, annual fees of $228,125 as well as additional costs should any amounts be drawn against the revolving credit facility. Total costs over the three-year term will be $724,375, assuming no amounts are drawn against the revolving credit facility.
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) adopt, pursuant to the Los Angeles City Charter (LACC) Section 609 and the Bond Procedural Ordinance of the City of Los Angeles Administrative Code (LAAC) Sections 11.28.1 through 11.28.9, the attached Resolution approving the following principal documents related to the Harbor Department’s Revolving Credit Agreement; the Authorizing Resolution; the three-year Revolving Credit Agreement with PNC Bank; and the Indenture of Trust with U.S. Bank National Association; (3) direct the Executive Director or his designees to jointly and severally do any and all actions necessary consistent with the Resolution to establish and implement the Revolving Credit Agreement, subject to the right of the City Council to review such documents pursuant to the requirements of LAAC Section 11.28.2; (4) direct the Board Secretary, pursuant to LACC Section 609 and the Bond Procedural Ordinance of the LAAC Sections 11.28.1 through 11.28.9, to certify that the Board has adopted the Resolution and, on behalf of the Board of Harbor Commissioners, immediately transmit to City Council and the Mayor for approval; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
13. RESOLUTION NO.____________ - APPROVE PERMIT NO. 936 WITH PBF ENERGY WESTERN REGION LLC
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the proposed Permit No. 936 with PBF Energy Western Region LLC (PBF) for a term of 30 years to succeed Permit No. 914. Permit No. 936 will grant PBF the right to use City of Los Angeles Harbor Department (Harbor Department) premises consisting of 40.04 acres at Berths 238-239 for the construction, operation, and maintenance of a marine oil terminal, subsurface pipelines, and storage tanks. The Final lnitial Study/Mitigated Negative Declaration (IS/MND) describing this project was adopted by the Board of Harbor Commissioners (Board) on June 21, 2018. Permit No. 936 is necessary to finance the changes being made to the wharf structure at the premises in compliance with California’s Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) developed to protect public health and safety. Effective July 1, 2019, PBF’s annual fixed rental compensation for land rent will be $6,236,794 ($1,559,198.50 per quarter), an increase of $1,378,053.76 from the current rent of $4,858,740.24 per year. The annual compensation for land rent is based on the land market value of $40 per square foot and Board policy of 10 percent rate of return on land, with a 50 percent discount for subsurface rights. Land rent will be adjusted annually based on the Consumer Price Index (CPI-U), Los Angeles-Long Beach-Anaheim. Compensation will also include a minimum wharf rent for the new wharf of $900,000 per year and “tank rent” on the area of the premises primarily containing storage tanks (Area II) of $812,000 per year. Should PBF’s wharfage and dockage exceed $1,712,000 per each compensation year, the minimum wharf rent and tank rent will be waived for that compensation year. In 2018, PBF paid a total of $1,340,986.94 in wharfage and dockage in addition to land rent. The Harbor Department will be financially responsible for maintenance dredging and rock slope maintenance, while PBF will be financially responsible for all other maintenance and operation costs associated with the premises.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 936 with PBF Energy Western Region LLC; (3) direct the Board Secretary to transmit Permit No. 936 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. 936 upon approval by City Council; and (5) adopt Resolution No._____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the proposed Permit No. 936 with PBF Energy Western Region LLC (PBF) for a term of 30 years to succeed Permit No. 914. Permit No. 936 will grant PBF the right to use City of Los Angeles Harbor Department (Harbor Department) premises consisting of 40.04 acres at Berths 238-239 for the construction, operation, and maintenance of a marine oil terminal, subsurface pipelines, and storage tanks. The Final lnitial Study/Mitigated Negative Declaration (IS/MND) describing this project was adopted by the Board of Harbor Commissioners (Board) on June 21, 2018. Permit No. 936 is necessary to finance the changes being made to the wharf structure at the premises in compliance with California’s Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) developed to protect public health and safety. Effective July 1, 2019, PBF’s annual fixed rental compensation for land rent will be $6,236,794 ($1,559,198.50 per quarter), an increase of $1,378,053.76 from the current rent of $4,858,740.24 per year. The annual compensation for land rent is based on the land market value of $40 per square foot and Board policy of 10 percent rate of return on land, with a 50 percent discount for subsurface rights. Land rent will be adjusted annually based on the Consumer Price Index (CPI-U), Los Angeles-Long Beach-Anaheim. Compensation will also include a minimum wharf rent for the new wharf of $900,000 per year and “tank rent” on the area of the premises primarily containing storage tanks (Area II) of $812,000 per year. Should PBF’s wharfage and dockage exceed $1,712,000 per each compensation year, the minimum wharf rent and tank rent will be waived for that compensation year. In 2018, PBF paid a total of $1,340,986.94 in wharfage and dockage in addition to land rent. The Harbor Department will be financially responsible for maintenance dredging and rock slope maintenance, while PBF will be financially responsible for all other maintenance and operation costs associated with the premises.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 936 with PBF Energy Western Region LLC; (3) direct the Board Secretary to transmit Permit No. 936 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. 936 upon approval by City Council; and (5) adopt Resolution No._____________.
Cargo Marketing
14. RESOLUTION NO. ______________ - APPROVE TEMPORARY ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION TWENTY-THREE, ITEM NO. 2326, “DEFINITIONS OCEAN COMMON CARRIER – ULTRA-LARGE CONTAINER VESSEL INCENTIVE PROGRAM;” AND ITEM NO. 2327 “OCEAN COMMON CARRIER – ULTRA-LARGE CONTAINER VESSEL INCENTIVE PROGRAM AND ELIGIBILITY REQUIREMENTS,” PROVIDING A FINANCIAL INCENTIVE TO OCEAN COMMON CARRIERS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff) that would provide a financial incentive to an Ocean Common Carrier (OCC) that brings in to the Port, an ultra-large container vessel (ULCV) it operates to help evaluate the future feasibility of deploying ULCVs on an ongoing basis (ULCV Incentive Program). Provided certain eligibility requirements are met, an OCC would be eligible to receive a $10.00 per loaded Twenty-foot Equivalent Unit (TEU) payment on its TEU Volume delivered to the Port. The ULCV Incentive would be limited to only one ULCV that OCC operates, and limited to one of that ULCV’s visits to the Port. The maximum incentive amount an OCC could earn is $150,000. To qualify for the proposed ULCV Incentive Program, the ULCV would be required to have a minimum length of 398 meters, a minimum width of 54 meters, and a minimum delivery of 24,500 TEUs at the Port. In addition, the ULCV’s Port visit would be required to comply with both the Port’s Vessel Speed Reduction and Alternative Maritime Power (AMP) program or alternative technology, and transmit data in accordance with the data table described in Tariff Item No. 2325. The ULCV Incentive Program under proposed Tariff Item No. 2327 would remain valid for one 12-month period commencing on March 1, 2019, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. The one-time payout to OCCs earned under the terms of the proposed OCC Incentive Program would be 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, adding Section Twenty-Three, “Incentives - General Rules and Regulations,” Item No. 2326 “Definitions Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program and Eligibility Requirements”, 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 Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2326 “Definitions Ocean Common Carrier – Ultra Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra Large Container Vessel Incentive Program and Eligibility Requirements”; (4) authorize the Board Secretary to certify the adoption of 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._____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff) that would provide a financial incentive to an Ocean Common Carrier (OCC) that brings in to the Port, an ultra-large container vessel (ULCV) it operates to help evaluate the future feasibility of deploying ULCVs on an ongoing basis (ULCV Incentive Program). Provided certain eligibility requirements are met, an OCC would be eligible to receive a $10.00 per loaded Twenty-foot Equivalent Unit (TEU) payment on its TEU Volume delivered to the Port. The ULCV Incentive would be limited to only one ULCV that OCC operates, and limited to one of that ULCV’s visits to the Port. The maximum incentive amount an OCC could earn is $150,000. To qualify for the proposed ULCV Incentive Program, the ULCV would be required to have a minimum length of 398 meters, a minimum width of 54 meters, and a minimum delivery of 24,500 TEUs at the Port. In addition, the ULCV’s Port visit would be required to comply with both the Port’s Vessel Speed Reduction and Alternative Maritime Power (AMP) program or alternative technology, and transmit data in accordance with the data table described in Tariff Item No. 2325. The ULCV Incentive Program under proposed Tariff Item No. 2327 would remain valid for one 12-month period commencing on March 1, 2019, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. The one-time payout to OCCs earned under the terms of the proposed OCC Incentive Program would be 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, adding Section Twenty-Three, “Incentives - General Rules and Regulations,” Item No. 2326 “Definitions Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program and Eligibility Requirements”, 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 Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2326 “Definitions Ocean Common Carrier – Ultra Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra Large Container Vessel Incentive Program and Eligibility Requirements”; (4) authorize the Board Secretary to certify the adoption of 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
15. RESOLUTION NO. ______________ - APPROVE PERMANENT ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION TWENTY-THREE, ITEM NO. 2326, “DEFINITIONS OCEAN COMMON CARRIER – ULTRA-LARGE CONTAINER VESSEL INCENTIVE PROGRAM;” AND ITEM NO. 2327 “OCEAN COMMON CARRIER – ULTRA-LARGE CONTAINER VESSEL INCENTIVE PROGRAM AND ELIGIBILITY REQUIREMENTS,” 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 an Ocean Common Carrier (OCC) that brings in to the Port, an ultra-large container vessel (ULCV) it operates to help evaluate the future feasibility of deploying ULCVs on an ongoing basis (ULCV Incentive Program). Provided certain eligibility requirements are met, an OCC would be eligible to receive a $10.00 per loaded Twenty-foot Equivalent Unit (TEU) payment on its TEU Volume delivered to the Port. The ULCV Incentive Program would be limited to only one ULCV that OCC operates, and limited to one of that ULCV’s visits to the Port. The maximum incentive amount an OCC could earn is $150,000. To qualify for the proposed ULCV Incentive Program, the ULCV would be required to have a minimum length of 398 meters, a minimum width of 54 meters, and a minimum delivery of 24,500 TEUs at the Port. In addition, the ULCV’s Port visit would be required to comply with both the Port’s Vessel Speed Reduction and Alternative Maritime Power (AMP) program or alternative technology, and transmit data in accordance with the data table described in Tariff item No. 2325. The ULCV Incentive Program under proposed Tariff Item No. 2327 would remain valid for one 12-month period commencing on March 1, 2019, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. The one-time payout to OCCs earned under the terms of the proposed OCC Incentive Program would be 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, adding Section Twenty-Three, “Incentives - General Rules and Regulations,” Item No. 2326 “Definitions Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program and Eligibility Requirements”, 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 Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2326 “Definitions Ocean Common Carrier – Ultra Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra Large Container Vessel Incentive Program and Eligibility Requirements”; (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.____________.
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 an Ocean Common Carrier (OCC) that brings in to the Port, an ultra-large container vessel (ULCV) it operates to help evaluate the future feasibility of deploying ULCVs on an ongoing basis (ULCV Incentive Program). Provided certain eligibility requirements are met, an OCC would be eligible to receive a $10.00 per loaded Twenty-foot Equivalent Unit (TEU) payment on its TEU Volume delivered to the Port. The ULCV Incentive Program would be limited to only one ULCV that OCC operates, and limited to one of that ULCV’s visits to the Port. The maximum incentive amount an OCC could earn is $150,000. To qualify for the proposed ULCV Incentive Program, the ULCV would be required to have a minimum length of 398 meters, a minimum width of 54 meters, and a minimum delivery of 24,500 TEUs at the Port. In addition, the ULCV’s Port visit would be required to comply with both the Port’s Vessel Speed Reduction and Alternative Maritime Power (AMP) program or alternative technology, and transmit data in accordance with the data table described in Tariff item No. 2325. The ULCV Incentive Program under proposed Tariff Item No. 2327 would remain valid for one 12-month period commencing on March 1, 2019, and continue thereafter until terminated at the discretion of the City of Los Angeles Board of Harbor Commissioners (Board) by order of the Board. The one-time payout to OCCs earned under the terms of the proposed OCC Incentive Program would be 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 and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, adding Section Twenty-Three, “Incentives - General Rules and Regulations,” Item No. 2326 “Definitions Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra-Large Container Vessel Incentive Program and Eligibility Requirements”, 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 Twenty-Three, “Incentives - General Rules and Regulations”, Item No. 2326 “Definitions Ocean Common Carrier – Ultra Large Container Vessel Incentive Program” and Item No. 2327 “Ocean Common Carrier – Ultra Large Container Vessel Incentive Program and Eligibility Requirements”; (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.____________.
K. Closed Session Items
1. 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
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
1. 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
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (one case)
L. Adjournment