ORDER OF BUSINESS

OPEN SESSION
 
A.        Roll Call
 
 
CLOSED SESSION
 
B.        Closed Session Items

1.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (d)(1) of Government Code Section 54956.9
 
             City of Los Angeles v. L.A. Terminals, Inc., et al., Los Angeles Superior Court Case No. NC061591
             L.A. Terminals, Inc. v. City of Los Angeles, et al., United States District Court Case No. 2:18-cv-06754-CAS
 

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: (two cases)
 

3.         CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
            (Subdivision (d)(4) of Government Code Section 54956.9)
 
            Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)
 

4.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            (Government Code Section 54956.8)
 
             Provide instructions to its real estate negotiators with respect to a proposed permit with Toll Global Forwarding:
 
             Property:                    2401 Pacific Coast Highway, Wilmington
 
             City Negotiator:         Michael DiBernardo
 
             Tenant Negotiator:   Mike Diviriglio
 
             Negotiating Parties: City and Toll Global Forwarding
 
             Under Negotiation:  Price and Terms


5.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
            (Government Code Section 54956.8)
 
             Provide instructions to its real estate negotiators with respect to Permit No. 915 with San Pedro Public Market, LLC:
 
             Property:                  Berths 74-83, San Pedro
 
            City Negotiator:         Michael Galvin
 
            Tenant Negotiators: Eric Johnson/Milan Radkovich
 
            Negotiating Parties: City and San Pedro Public Market, 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 Permit No. 448 with Los Angeles Area Council, Boy Scouts of America:
 
             Property:                   3000 Shoshonean Road, San Pedro
 
             City Negotiator:         Michael Galvin
 
             Tenant Negotiator:   Robert Scoular
 
             Negotiating Parties: City and Los Angeles Area Council, Boy Scouts of America
 
             Under Negotiation:  Price and Terms

 
 
OPEN SESSION
 
C.        Executive Director Remarks
                                                                                            
 
D.        Comments from the Public on Non-Agenda Items
 

E.        Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.

 
F.       Reports of the Commissioners
 
           
 
G.        Board Committee Reports
           
           
 
H.        Approval of the Minutes
 
            Special Meeting of May 16, 2019
 
 
I.         Presentation
 
           Wilmington Waterfront – Michael Galvin, Director of Waterfront & Commercial Real Estate
 
           
J.         Level I Coastal Development Permit
           
            The Executive Director has approved one Level I CDP:

            CDP No. 19-05         City of Los Angeles Department of Water & Power – Removing approximately 66 feet of 12-inch and 6-inch fuel pipelines under the deck and removing the free-standing structures adjacent to the pipeline header system at Berths 180 and 181.

 
Transmittal 1
Transmittal 2
Transmittal 3


K.        Board Reports of the Executive Director
 
Consent Items (1 – 4)

City Attorney

 
1.         RESOLUTION NO._______________ - FIRST AMENDMENT TO AGREEMENT NO. 18-3594 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND WEST PUBLISHING CORPORATION
 
Transmittal 1
Transmittal 2

Summary: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) approval of a First Amendment (First Amendment) to Agreement No. 18-3594 between the City of Los Angeles Harbor Department (Harbor Department) and West Publishing Corporation. The First Amendment would increase compensation by $19,796 to an amount not to exceed $123,644 over the three-year term of Agreement No. 18-3594 for platform and subscription upgrades for the existing computer assisted legal research account.  The Harbor Department is responsible for payment of expenses under Agreement No. 18-3594.  
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of  the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement No. 18-3594 with West Publishing Corporation, expanding the scope of work and increasing the compensation by $19,796 to an amount not to exceed $123,644; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No.18-3594; and (4) adopt Resolution No.____________.

 Environmental Management

2.         RESOLUTION NO.___________ - PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND INTERTEK TESTING SERVICES, NA, INC. FOR INTERNATIONAL ORGANIZATION OF STANDARDIZATION 14001 RECERTIFICATION OF THE ENVIRONMENTAL MANAGEMENT SYSTEM

 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of a proposed Agreement with Intertek Testing Services, NA, Inc. (Intertek) of Cortland, New York, to provide International Organization of Standardization (ISO) 14001 recertification and annual audits of the City of Los Angeles (City) Harbor Department (Harbor Department) Environmental Management System (EMS).  ISO 14001 requires recertification of the EMS every three years, and annual audits of the EMS in the interim years.  In accordance with the ISO 14001 EMS standard, a recertification audit of the EMS is now due in August 2019.  The proposed Agreement will be for a term of three years with a not-to-exceed compensation amount of $30,000. The Harbor Department is financially responsible for the proposed Agreement.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with Intertek Testing Services, NA, Inc. for a term of three years and a total compensation amount not-to-exceed $30,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

Commission Office

 
3.         RESOLUTION NO.___________ - APPROVAL FOR COMMISSION PRESIDENT JAIME L. LEE TO TRAVEL ON A BUSINESS DEVELOPMENT TRIP TO DETROIT, MICHIGAN
 
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
 
 
  

Waterfront & Commercial Real Estate

4.         RESOLUTION NO. ____________ - APPROVE ASSUMPTION AGREEMENT FOR REVOCABLE PERMIT 92-24 WITH UNION OIL COMPANY OF CALIFORNIA BY PHILLIPS 66 COMPANY

 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Assumption Agreement for Revocable Permit No. 92-24 between the City of Los Angeles Harbor Department (Harbor Department) and Phillips 66 Company (Phillips 66).  Revocable Permit No. 92-24 was originally granted to Union Oil Company of California (Unocal) to operate a marine oil terminal at Berths 148-151.  Phillips 66  began operating at the premises under Revocable Permit 92-24 after their spin off from ConocoPhillips in 2012.  No assignment to Phillips 66 was approved by the Board.   It is recommended that Phillips 66 enter into an agreement with the Harbor Department assuming all obligations and liabilities under Revocable Permit 92-24, including the financial obligation of rental payments.
 
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 Assumption Agreement between the City of Los Angeles Harbor Department and Phillips 66 Company for Revocable Permit No. 92-24 with Union Oil Company; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Assumption Agreement; and (4) adopt Resolution No.____________.

 
 

Regular Items (5 & 6)

Financial Planning & Analysis

5.       RESOLUTION NO.___________ - ADOPTION OF PROPOSED FISCAL YEAR 2019/20 ANNUAL BUDGET

 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Fiscal Year (FY) 2019/20 Proposed Annual Budget (Proposed Budget) of $1,608,921,985.  The Proposed Budget is aligned with the 2018 – 2022 Strategic Plan (Strategic Plan) and will enable the City of Los Angeles Harbor Department (Harbor Department) to meet its commitments in the upcoming fiscal year.  Adoption of the Proposed Budget will position the Port of Los Angeles (Port) to deliver value to its customers by providing superior infrastructure, promoting efficient operations, as well as forging strong and lasting relationships with its stakeholders.
 
The Proposed Budget includes sources and appropriations of funds as follows:

The Proposed Budget represents the ongoing commitment of Harbor Department staff to operate and maintain the Port in a fiscally sound manner according to the guidelines, policies, and direction set forth by the Board of Harbor Commissioners (Board).  Furthermore, the Proposed Budget complies with the Board-approved Financial Policies that relate to debt rating, debt service coverage, and reserve levels. In conjunction with approval of the Proposed Budget and in conformance with the Board-approved Financial Policies, staff requests a transfer of $34,142,007 from the Harbor Revenue Fund to the Harbor Special Operating Fund.  As both the Harbor Revenue Fund and the Harbor Special Operating Fund are Unrestricted Funds, there will be no change to neither the Unrestricted Fund nor the Unappropriated Balance provided within the above table as a result of this transfer.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the  proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the City of Los Angeles CEQA Guidelines; (2) adopt the Fiscal Year 2019/20 Proposed Annual Budget for the City of Los Angeles Harbor Department and appropriate funds in accordance herewith; (3) authorize the Executive Director, or his designee, to make any technical adjustments consistent with the Board action(s) to the Fiscal Year 2019/20 Proposed Annual Budget documents in the implementation of this budget; (4) approve the transfer of $34,142,007 from the Harbor Revenue Fund, Account 11010, Center 7000, Program 000 to the Harbor Special Operating Fund, Account 11035, Center 7000, Program 000; and (5) adopt Resolution No._________.

Environmental Management

 
6.       RESOLUTION NO.___________ - FIRST AMENDMENT TO THE PORT OF LOS ANGELES CLEAN TRUCK PROGRAM DRAYAGE SERVICES CONCESSION AGREEMENT
 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of a proposed First Amendment to the Clean Truck Program (CTP) Drayage Services Concession Agreement (Concession Agreement) to extend the existing term by two years.  A time extension is requested to allow certain key 2017 Clean Air Action Plan (CAAP) Update elements to be implemented in over the next 12 – 18 months.  The Concession Agreement is currently a five-year agreement that contains terms and conditions that must be met by a licensed motor carrier (LMC) in order to provide drayage services at Port of Los Angeles (Port) terminals.  All of the Concession Agreements are set to expire on September 30, 2019.  With approval of this proposed First Amendment, the new expiration date would be September 30, 2021.  The proposed Board action is to approve the First Amendment to CTP Concession Agreement, and to authorize the Executive Director to execute each individual Concession Agreement Amendment with LMCs.  The City of Los Angeles Harbor Department (Harbor Department) anticipates generating approximately $2 million in revenue from Annual Truck Fees and Concession Agreement Fees each year going forward.
 
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 under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Port of Los Angeles Clean Truck Program Drayage Services Concession Agreement; (3) Direct the Board Secretary to transmit the First Amendment to the City Council for approval pursuant to City Charter Section 606; (4) Authorize the Executive Director to execute the Port of Los Angeles Clean Truck Program Drayage Services Concession Agreement First Amendment with individual licensed motor carriers on the Board-approved form and the Board Secretary to attest to said Amendments, for and on behalf of the Board; and (5) adopt Resolution No.___________.

 

L.       Adjournment