Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
Thursday, December 19, 2019 at 9 a.m.
Thursday, December 19, 2019 at 9 a.m.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
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
- Regular Meeting of November 21, 2019
- Regular Meeting of November 21, 20192. Regular Meeting of December 5, 2019
H. Presentation
- Regular Meeting of November 21, 20191. L.A. Fleet Week
- Unmanned Aerial System (UAS) Program Deployment Guidelines and Procedures
I. Level I Coastal Development Permit
Transmittal 1
Transmittal 2
The Executive Director has approved one Level I CDP: CDP No. 19-11 San Pedro Public Market LLC – Test Piles Near Berth 76
J. Board Reports of the Executive Director
Consent Items (1 - 9)
Government Affairs
Summary: Staff requests approval of a First Amendment to Agreement No. 18-3598 between the City of Los Angeles Harbor Department (Harbor Department) and Shaw, Yoder, Antwih, Inc. (Shaw), for California State (State) government advocacy representation for the Harbor Department. The proposed First Amendment is to reflect a change in the consultant's name to Shaw, Yoder, Antwih, Schmelzer, and Lange, Inc. All other terms and conditions of Agreement No. 18-3598 remain unchanged.
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 Agreement No. 18-3598 with Shaw, Yoder, Antwih, Inc. to reflect a change in the consultant's name to Shaw, Yoder, Antwih, Schmelzer, and Lange, Inc.; (3) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed First Amendment to Agreement No. 18-3598; and (4) adopt Resolution No.____________.
Government Affairs
Summary: Staff requests authority to terminate Agreement No. 18-3616 between the City of Los Angeles Harbor Department (Harbor Department) and Holland & Knight, LLP (Holland & Knight). Holland & Knight provides cybersecurity advocacy representation for the Harbor Department. Termination of Agreement No. 18-3616 is being requested at this time due to the departure of a senior policy advisor whose expertise was a key determining factor at the time Holland & Knight was awarded this Agreement in November 2018.
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 or Designee to execute a letter of termination of Agreement No. 18-3616 between the City of Los Angeles Harbor Department and Holland & Knight, LLP; and (3) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 19-11 with Global Transport Enterprise Inc. (GTE) for a term of five years to occupy 47,272 square feet of paved yard space on Cannery Street in Terminal Island. GTE provides drayage, rail, intermodal and refrigerated container services. The Revocable Permit will yield $189,087.96 in revenue to the City of Los Angeles Harbor Department (Harbor Department) in the first year, subject to annual increases based on the Consumer Price Index (CPI-U) thereafter.
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 Revocable Permit with Global Transport Enterprise Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
4. RESOLUTION NO. ____________ - APPROVE REVISED PERMIT NO. 934 WITH CARDINAL PIPELINE L.P.
Summary: Staff requests approval of the proposed Permit No. 934 (P934) in its revised form with Cardinal Pipeline L.P. (Cardinal), a California limited partnership, for a term of 20 years to occupy 12,887 square feet of subsurface pipeline right-of-way within the Wilmington Classification Yard. Currently these premises are occupied on holdover under Permit No. 735 (P735) and generate $4,718 in annual rental revenue. Under the proposed P934, annual rental revenue would increase by $22,345 to $27,063 per year, subject to annual increases based on the Consumer Price Index (CPI-U). Staff also requests rescission of the May 2, 2019 approval of Resolution No. 19-8465 by the Board of Harbor Commissioners concerning the same permit in favor of the proposed P934 in its revised form. The proposed action corrects the square footage to reflect the actual space occupied by Cardinal.
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(18) of the Los Angeles City CEQA Guidelines; (2) rescind the May 2, 2019 approval of Resolution No. 19-8465 approving Permit No. 934; (3) approve Permit No. 934 with Cardinal Pipeline L.P.; (4) direct the Board Secretary to transmit Permit No. 934 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (5) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 934 upon approval by City Council; and (6) adopt Resolution No._____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the proposed Permit No. 943 (P943) with Crimson California Pipeline, L.P. (Crimson), a California limited partnership, for a term of 20 years to occupy 2,259 square feet of subsurface pipeline right-of-way in East Wilmington. Currently, these premises are occupied on holdover under Permit No. 736 (P736) and generate $2,942 in annual rental revenue. Under the proposed P943, annual rental revenue would increase by $1,382 to $4,324 per year, subject to annual increases based on the Consumer Price Index (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 Article III Class 1(18) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 943 with Crimson California Pipeline, L.P.; (3) direct the Board Secretary to transmit Permit No. 943 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 943 upon approval by City Council; and (5) adopt Resolution No.____________.
City Attorney
6. RESOLUTION NO.____________ - FIRST AMENDMENT TO THOMPSON COBURN LLP LEGAL SERVICES AGREEMENT NO. 17-3547
Transmittal 1
Transmittal 2
Summary: The Office of the City Attorney (Office) requests approval of the First Amendment to Agreement No. 17-3547 (First Amendment) between the City of Los Angeles Harbor Department (Harbor Department) and Thompson Coburn LLP, for legal services regarding the San Pedro Bay Ports Clean Air Action Plan (CAAP) and federal Clean Air Act (FCAA) matters. The First Amendment increases compensation by $150,000 for a maximum total compensation not to exceed $300,000, with no change in term, which ends on January 16, 2021. Thompson Coburn will be the only firm performing legal services for the CAAP. The Harbor Department is financially responsible for payment for legal services rendered under Agreement No. 17-3547.
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 in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the First Amendment to Legal Services Agreement No. 17-3547 with Thompson Coburn LLP, to increase the compensation by $150,000 for a maximum total compensation not be exceed $300,000; (4) authorize the Executive Director and Board Secretary to execute and attest to the First Amendment; and (5) adopt Resolution No.____________.
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Bee Imagine LLC (Bee Imagine) to operate its facility within FTZ 202, Site 62, located at 11751 Industry Ave., Fontana, California 92337. On October 21, 2019, the FTZ Board approved this location as a designated FTZ warehouse, under the alternative site framework as usage-driven Site 62. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 62 is a warehouse and office building totaling 5.56 acres located approximately 65 miles from the Port of Los Angeles. Bee Imagine will operate its facility under FTZ procedures as a multi-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $7,750 annually from Bee Imagine (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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Bee Imagine 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 Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of the Third Amendment to Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) No. 08-2606 between the City of Los Angeles Harbor Department (Harbor Department) and Nippon Express USA, Inc. (Nippon) to relocate its FTZ warehouse to 1901 W. Pacific Coast Highway, Long Beach, California and change its site number from Site 7B to Site 61, as approved and assigned by the FTZ Board. FTZ 202 Site 61 consists of 194,879 square feet of warehouse and office space on 9.68 acres located approximately 3 miles from the Port of Los Angeles. This Third Amendment includes a revised Exhibit A site map and updates to the indemnification and insurance language provisions. All other terms and conditions of Agreement No. 08-2606 shall remain in full force and effect.
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 of to Foreign-Trade Zone Operating Agreement No. 08-2606 between the City of Los Angeles Harbor Department and Nippon Express USA, Inc.; (3) direct the Board Secretary to transmit the proposed Third Amendment to Foreign-Trade Zone Operating Agreement No. 08-2606 to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 08-2606; and (5) adopt Resolution No.____________.
Accounting
Summary: Staff requests the Board of Harbor Commissioners’ (Board) approval of the First Amendment (Transmittal 1) to Harbor Department Agreement No. 16-3418 (Agreement No. 16-3418) with Citibank, National Association (Citibank) which provides Travel Payment System (TPS) services to the City of Los Angeles Harbor Department (Harbor Department). The Harbor Department’s Agreement No. 16-3418 piggybacks off of the State of California’s (State) Agreement No. 5159906. Agreement No. 16-3418 is a three-year agreement effective through October 31, 2019, approved by the Board at its September 15, 2016 meeting. The State’s Standard Agreement Amendment for its Agreement No. 5159906 (Transmittal 2) exercises its option to extend its Agreement No. 5159906 two additional years with one two-year extension option. The proposed First Amendment will extend the term of Harbor Department Agreement No. 16-3418 with Citibank from November 1, 2019 through October 31, 2021 with one two-year extension option. This First Amendment will continue to cover the Harbor Department’s program for charge cards utilized by staff towards business and travel services in accordance with existing City of Los Angeles travel policies and procedures. The Harbor Department will continue to be financially responsible for expenses incurred under the proposed First 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) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve the proposed First Amendment (Transmittal 1) to Harbor Department Agreement No. 16-3418 between the Harbor Department and Citibank, National Association; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment; and (5) adopt Resolution No.____________.
Regular Items (10 - 15)
Waterfront & Commercial Real Estate
Summary: The Waterfront & Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) declare as surplus property a small, vacant land parcel owned by the City of Los Angeles Harbor Department (City/Harbor Department) measuring 4,534.9 square feet (surplus property) and located at 119-127 W. Harry Bridges Boulevard, Wilmington. The Surplus property is wedged between a private property and the California Coastal Trail and is no longer needed for the use of the Harbor Department. The only adjoining property owner, LA Bunker Surveyors, Inc. (LA Bunker), has expressed interest in acquiring the Surplus property in order to expand its fuel analysis, testing and consultation business for marine fuel industry clients primarily at the Ports of Los Angeles and Long Beach, the US Eastern Seaboard, and the Pacific Rim. Staff has determined that the direct sale of the surplus property to LA Bunker would benefit the public interest given that the expansion of LA Bunker’s operations align with key findings and recommendations made within an October 2017 Technical Assistance Panel Report authored by the Urban Land Institute (ULI). Additionally, LA Bunker’s operations and proposed expansion are consistent with the Harbor Department’s goals for the Wilmington Waterfront Development (WWD) Project, and will further the Harbor Department’s goal to keep and increase quality jobs in the skilled workforce. Staff recommends initiating the sale of the surplus property. If a sale agreement is negotiated, the proposed sale documents will be submitted to the Board and City Council for consideration at a later date.
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 pursuant to Section 385 of the City of Los Angeles Charter, the property located on 119-127 W. Harry Bridges Boulevard in Wilmington (northerly 29.75’ of Assessor Parcel Numbers 7418-032-905 and 7418-302-912 and measuring 4,534.9 square feet), is no longer needed for use by the City of Los Angeles Harbor Department and declare it as surplus; (3) find and determine that pursuant to Section 7.27 of Chapter 1, Article 4 of Division 7 of the Los Angeles Administrative Code, the public interest or necessity require the private or direct sale of the surplus property to the only adjoining property owner, LA Bunker Surveyors, Inc., without notice of sale or advertisement for bids; (4) direct staff to comply with Section 7.21 et seq. of Chapter 1, Article 4 of Division 7 of the Los Angeles Administrative Code and California Government Code requirements and proceed with the sale of the surplus property; and (5) adopt Resolution No.____________.
Construction
11. RESOLUTION NO. ____________ - APPROVAL OF CHANGE ORDER NO. 1 REAR BERTHS 206-209 BUILDING DEMOLITION PROJECT CONTRACTOR: NATIONAL DEMOLITION CONTRACTORS, INC. 2018-2020 ON-CALL REMEDIATION SPECIFICATION NO. 2796 – CONTRACT NO. 2309
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Change Order No. 1 (Change Order) to Contract No. 2309, in the amount of $2,620,450, and that the authorized contingency be increased to 20 percent. The Change Order authorizes National Demolition Contractors, Inc. (National) to perform lead and asbestos abatement, demolish buildings, grade, relocate a fire hydrant, and install bollards, fencing and striping at Rear Berths 206-209. The removal of the obsolete structures will allow for better use of the land for current tenants and increase marketability for redevelopments. The total cost of the project will not exceed $3,190,450. Work valued at approximately $570,000 will be performed under contract bid items. Change Order No. 1 in the amount of $2,620,450 will be used to perform the balance of work remaining. The 2018-2020 On-Call Remediation contract (Contract) was approved by the Board of Harbor Commissioners on June 7, 2018 in the amount of $18,739,840 plus a 10% contingency in the amount of $1,873,984 for a total authorization of $20,613,824. A 10% addition to the approved contingency is requested increasing the total approved contingency to 20% to accommodate for this Change Order and possible future Change Orders to the contract. The Harbor Department is financially responsible for expenses under this Change Order.
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 covered under the Change Order can be performed more feasibly by an independent contractor rather than by City employees; (3) approve the Change Order to the Contract with National Demolition Contractors, Inc. for a not-to-exceed amount of $2,620,450 and authorize the Executive Director to execute said Change Order; (4) increase the contingency percentage from 10% to 20% in the amount of $3,747,968 for a total authorization of $22,487,808; and (5) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of the Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) to fund a Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) project with Harley Marine dba Millennium Maritime (Millennium) to design and develop a hybrid electric-drive tugboat (Project). The total cost of the Project is anticipated to be $18,000,000, with $235,000 shared equally by the Harbor Department and POLB. The remaining amount will be paid by Millennium and a grant from the California Air Resources Board (CARB) that will be administered by POLB. As lead agency, POLB has already entered into an agreement with Millennium to implement the Project and will bill the Harbor Department for 50% of the cost. The Harbor Department is financially responsible for 50% of the cost share of the Project totaling $117,500.
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 Cost Share Agreement between the City of Los Angeles Harbor Department and the Port of Long Beach for the reimbursement of $117,500 for the cost share; (3) authorize the Executive Director to execute and Board Secretary to attest to said agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.
Executive Office
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a First Amendment to Agreement No. 18-3561 (Agreement 18-3561) between the City of Los Angeles Harbor Department (Harbor Department) and Ronald D. Widdows for professional services to develop and implement supply chain optimization strategies that would enhance the speed and efficiency of cargo movement through the San Pedro Bay and specifically at the Port of Los Angeles. The proposed First Amendment extends the term of the agreement by three years, for a total of five years, and increases the total compensation amount by $450,000, for a total not-to-exceed amount of $750,000. The Harbor Department is financially responsible for the payment of expenses under 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 Class 2(f) of the Los Angeles City CEQA Guidelines; (2) find in accordance with Los Angeles City Charter Section 1022 that the scope of work of the proposed First Amendment to Agreement No. 18-3561 can be more economically and feasibly provided by an independent contractor than by City Employees; (3) approve the proposed First Amendment to Agreement No. 18-3561 between the City of Los Angeles Harbor Department and Ronald D. Widdows; (4) authorize the Executive Director or Designee to execute and the Board Secretary to attest to the proposed First Amendment to Agreement No. 18-3561; and (5) adopt Resolution No.____________.
Cargo Marketing
Summary: Staff requests approval of an amendment to Port of Los Angeles (Port) Tariff No. 4 (Tariff) to provide an additional financial incentive to Ocean Common Carriers (OCCs) under the Ocean Common Carrier Incentive Program (OCC Incentive Program) currently in effect. The OCC Incentive Program currently incents eligible OCCs $10.00 per incremental loaded and empty Twenty-foot Equivalent Units (TEU) they delivered to the Port over the Trans Pacific Trade Volume Percentage Growth. Under the proposed amendment, an individual OCC is eligible to receive an additional $5 per TEU payment on the loaded container volume portion of its adjusted Incentive Period TEU Volume which is greater than the loaded container volume portion of its Baseline TEU Volume, for loaded containers delivered to the Port on or after January 1, 2020. The maximum payment an individual OCC can earn from the program would increase to $3,000,000 per Incentive Period. Payouts to OCCs earned under the terms of the OCC Incentive Program would be the financial responsibility of the Harbor Department. If all requirements are met, under the proposed amendment, the Port could potentially pay a total of $7,800,000 to qualified OCCs. All other OCC Incentive Program requirements remain in effect.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the City of Los Angeles CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, revising Section Twenty-Three, "Incentives - General Rules and Regulations", Item No. 2325 "Ocean Common Carrier 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. 2325 "Ocean Common Carrier Incentive Program and Eligibility Requirements"; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
Cargo Marketing
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of an amendment to Port of Los Angeles (Port) Tariff No. 4 (Tariff) to provide an additional financial incentive to Ocean Common Carriers (OCCs) under the Ocean Common Carrier Incentive Program (OCC Incentive Program) currently in effect. The OCC Incentive Program currently incents eligible OCCs $10.00 per incremental loaded and empty Twenty-foot Equivalent Units (TEU) they delivered to the Port over the Trans Pacific Trade Volume Percentage Growth. Under the proposed amendment, an individual OCC is eligible to receive an additional $5 per TEU payment on the loaded container volume portion of its adjusted Incentive Period TEU Volume which is greater than the loaded container volume portion of its Baseline TEU Volume, for loaded containers delivered to the Port on or after January 1, 2020. The maximum payment an individual OCC can earn from the program would increase to $3,000,000 per Incentive Period. Payouts to OCCs earned under the terms of the OCC Incentive Program would be the financial responsibility of the Harbor Department. If all requirements are met, under the proposed amendment, the Port could potentially pay a total of $7,800,000 to qualified OCCs. All other OCC Incentive Program requirements remain in effect.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the City of Los Angeles CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, revising Section Twenty-Three, "Incentives - General Rules and Regulations", Item No. 2325 "Ocean Common Carrier 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. 2325 "Ocean Common Carrier 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 Amendment 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
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. BS070017
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping Holding Company, Ltd.:
Property: Berths 100-103, San Pedro
City Negotiator: Michael DiBernardo
Tenant Negotiator: Paul Nazzaro
Negotiating Parties: City and China Shipping Holding Company, Ltd.
Under Negotiation: Price and Terms
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (two cases)
4. 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)
L. Adjournment