Board Meeting

 

Summary: Staff requests approval of a Lease Agreement (Agreement) whereby the City of Los Angeles Harbor Department (Harbor Department) will be leasing space at a communications tower and building located in Dominguez Hills, California.  The space will be utilized for the installation, maintenance, and operation of radio communications equipment for the Los Angeles Port Police (Port Police).  Port Police will hold a Federal Communications Commission (FCC) license for the use and operation of the communications equipment and will comply with all FCC rules and regulations.  The addition of this location to the Port Police radio communications system will provide for significant radio coverage for Port Police operations. The proposed Lease Agreement is for a term of four years.  Based upon payments of $5,000 per month in the first year, which would then be subject to annual three percent increases, a total of $251,017.56 would be spent by the Harbor Department on this proposed Agreement over its four-year term.
 
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 Lease Agreement with Estrella Media, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Lease Agreement; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of a Lease Agreement (Agreement) whereby the City of Los Angeles Harbor Department (Harbor Department) will be leasing antenna and dish space at Mount Lukens.  The space will be utilized for the installation, maintenance, and operation of radio communications equipment for the Los Angeles Port Police (Port Police).  Port Police will hold a Federal Communications Commission (FCC) license for the use and operation of the communications equipment and will comply with all FCC rules and regulations.  The addition of this location to the Port Police radio communications system will provide for significant radio coverage for Port Police operations. The proposed Lease Agreement is for four years.  Based upon payments of $3,850 per month in the first year, which would then be subject to annual two percent increases, a total of $190,418 would be spent by the Harbor Department on this proposed Agreement over its four-year term.
 
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 Lease Agreement with Mobile Relay Associates; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Lease Agreement; and (4) adopt Resolution No.____________.

Summary: Staff requests approval of the Second Amendment to Permit No. 899 (P899) with Pacific Battleship Center (Pacific Battleship), a museum and educational facility.  P899 has a ten-year term that commenced May 25, 2012, and two, five-year options to extend the term. Due to the current COVID-19 pandemic, Pacific Battleship has temporarily closed or has been operating on a minimal basis as a result of state and local government orders, which has impacted their ability to pay compensation.  The Second Amendment will include required revisions to P899’s compensation requirements, including compensation deferral terms, a compensation deferral period, and repayment period. Under the Second Amendment, Pacific Battleship’s fixed minimum compensation would be deferred for up to 12 months, while four percent of gross receipts would continue to be paid.  The actual amount deferred each month would be the difference between that month’s four percent of gross receipts and Pacific Battleship’s contractually-guaranteed monthly minimum compensation.  The total deferred amount would be paid back over a period in equal monthly payments.  Approval of the Second Amendment will result in a total minimum compensation deferral amount estimated at between $66,000 and $96,000, which would be repaid over an 11-month period from July 1, 2021 to May 25, 2022. 
 
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 it is in the best interest of the City of Los Angeles to grant deferral of minimum rent under the Second Amendment to Permit No. 899, as the City of Los Angeles Harbor Department derives substantial long-term economic benefits from the operation of a successful museum and educational facility; (3) approve the Second Amendment to Permit No.899 with Pacific Battleship Center; (4) direct the Board Secretary to transmit the Second Amendment to Permit No. 899 to the City Council for approval pursuant to Section 606 of the City Charter; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Permit No. 899 upon approval by the City Council; and (6) adopt Resolution No.____________.

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 the purpose of enabling continued interoperable radio communications. The Harbor Department and the LAPD, in fulfilling their respective public safety, law enforcement, and emergency management missions, frequently conduct coordinated responses and participate in joint operations. Interoperable radio communication is essential for sharing critical information and for affecting command and control when conducting these operations. Moreover, both parties would like to enable continued interoperable radio communications through coordination and information sharing with regard to the radio communication and system technical information necessary to maintain radio communications and plans.  The intent of this MOA is to memorialize the understanding between the Harbor Department and the LAPD with respect to the information exchange necessary to facilitate continued interoperable radio communications. The MOA shall be in effect for three years. The MOU is administrative in nature and there will be no financial impact to the Harbor Department.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined 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 LAPD; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; and (4) adopt Resolution No._____________.

Summary: Staff requests approval of Temporary Entry and Use Permit (TEUP) No. 1784 with Fenix Marine Services, Ltd. (FMS) and its contractor, Center for Transportation and the Environment, Inc. (CTE), to use and access the backland area of Berth 301 for a duration of up to 12 months, to test a zero-emission hybrid hydrogen fuel cell/battery electric top pick. The planned demonstration project is funded under a grant from the California Air Resources Board (CARB).  The proposed TEUP provides FMS and CTE the necessary real estate entitlement to undertake the demonstration project.
 
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 Temporary Entry and Use Permit with Fenix Marine Services, Ltd. and Center for Transportation and the Environment, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Temporary Entry and Use Permit; and (4) adopt Resolution No._____________.

Summary: Staff requests approval of the Eleventh Amendment to Permit No. 733 (Permit) with Eagle Marine Services, Ltd. (EMS) to effect two material changes to the Permit: 1) change the name of the tenant from Eagle Marine Services, Ltd. to Fenix Marine Services, Ltd. (FMS); and 2) add 0.69 acres of land currently occupied by EMS under revocable permits into the Permit premises. The 0.69 acres will be incorporated into the Permit at the same fixed monthly rent of $6,788.97 ($81,467.64 annually) as currently paid by EMS under the revocable permits, and will be subject to annual Consumer Price Index (CPI) increases effective January 1, 2021, in addition to a five-year compensation reset, effective January 1, 2022.
 
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 Eleventh Amendment to Permit No. 733 with Fenix Marine Services, Ltd.; (3) direct the Board Secretary to transmit the Eleventh Amendment to Permit No. 733 to 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 the Eleventh Amendment upon approval by City Council; and (5) adopt Resolution No.____________.

Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff) establishing a Truck Turn-Time and Dual Transaction Incentive Program (Incentive Programs) for Container Terminal Operators (CTOs). The proposed programs would incentivize CTOs to decrease truck turn-times at their marine terminals and achieve a minimum of 50 percent dual transactions allowing for increased terminal and truck gate operations thus increasing the Port’s competitive position. Under this program, a terminal improving truck turn-times by 5 to 20 percent during a month would earn an incentive ranging between $0.50 and $2.75 per loaded or empty trucked Twenty-Foot Equivalent Unit (TEU) depending on the actual truck turn-time percentage improvement achieved.  A CTO would earn an incentive of $3.00 per loaded or empty TEU when they average a truck turn-time of at most 35 minutes during any given month. The incentive would be paid on trucked TEUs and moved through a CTO’s in-gate, out-gate during a given month. In addition, when a minimum of 50 percent of truck transactions at a marine terminal involve dual transactions, the CTO would earn an incentive between $0.40 and $1.40 per loaded trucked TEU based on the percentage of dual transactions handled compared to their overall gate activity for any given month. A dual transaction happens when a trucker delivers a container at a terminal and departs with a different container. To implement these programs, CTOs are required to provide additional data elements to the Port via electronic data interchange or other technology. The program, commencing on February 1, 2021, and would remain valid until terminated at the discretion of the Board of Harbor Commissioners (Board). Payments made under this program would be the financial responsibility of the Harbor Department and shall be paid to the eligible CTOs on a monthly basis by check.  As funding for the proposed incentive programs was not made available within the Adopted Fiscal Year (FY) 2020/21 Operating Expense Budget, a transfer of $3,800,000 from the Unappropriated Balance would be required if the order related to the proposed incentive programs is approved.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and administratively exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 1 and Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Twenty-Three, Item No. 2345 “Definitions Truck Turn-Time Incentive”, Item No. 2346 “Truck Turn-Time Incentive Program”, Item No. 2350 “Definitions Dual Transaction Incentive”, and Item No. 2351 “Dual Transaction Incentive Program”, 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, Item No. 2345 “Definitions Truck Turn-Time Incentive”, Item No. 2346 “Truck Turn-Time Incentive Program”, Item No. 2350 “Definitions Dual Transaction Incentive”, and Item No. 2351 “Dual Transaction Incentive Program”; (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._____________.

Summary: Staff requests approval of a Permanent Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff) establishing a Truck Turn-Time and Dual Transaction Incentive Program (Incentive Programs) for Container Terminal Operators (CTOs). The proposed programs would incentivize CTOs to decrease truck turn-times at their marine terminal and achieve a minimum of 50 percent dual transactions allowing for increased terminal and truck gate operations thus increasing the Port’s competitive position. Under this program, a terminal improving truck turn-times by 5 to 20 percent during a month would earn an incentive ranging between $0.50 and $2.75 per loaded or empty trucked Twenty-Foot Equivalent Unit (TEU) depending on the actual truck turn-time percentage improvement achieved. A CTO would earn an incentive of $3.00 per loaded or empty TEU when they average a truck turn-time of at most 35 minutes during any given month. The incentive would be paid on trucked TEUs moved through CTO’s in-gate, out-gate during a given month. In addition, when a minimum of 50 percent of truck transactions at a marine terminal involve dual transactions, the CTO would earn an incentive between $0.40 and $1.40 per loaded trucked TEU based on the percentage of dual transactions handled compared to their overall gate activity for any given month. A dual transaction happens when a trucker delivers a container at a terminal and departs with a different container. To implement these programs, CTOs are required to provide additional data elements to the Port via electronic data interchange or other technology. The program, commencing on February 1, 2021, and would remain valid until terminated at the discretion of the Board of Harbor Commissioners (Board). Payments made under this program would be the financial responsibility of the Harbor Department and shall be paid to the eligible CTOs on a monthly basis by check.  As funding for the proposed incentive programs was not made available within the Adopted Fiscal Year (FY) 2020/21 Operating Expense Budget, a transfer of $3,800,000 from the Unappropriated Balance would be required if the order related to the proposed incentive programs is approved.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is generally and administratively exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Article II, Section 1 and Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Twenty-Three, Item No. 2345 “Definitions Truck Turn-Time Incentive”, Item No. 2346 “Truck Turn-Time Incentive Program”, Item No. 2350 “Definitions Dual-Transaction Incentive”, and Item No. 2351 “Dual-Transaction Incentive Program”, 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, Item No. 2345 “Definitions Truck Turn-Time Incentive”, Item No. 2346 “Truck Turn-Time Incentive Program”, Item No. 2350 “Definitions Dual-Transaction Incentive”, and Item No. 2351 “Dual-Transaction Incentive Program; (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.____________.

Summary: Staff requests approval of a $3,800,000 budgetary transfer from the Unappropriated Balance to the Adopted Operating Expense Budget’s Other Operating Expenses category.  This transfer is required in order to cover an anticipated shortfall within the Other Operating Expenses category for Container Incentives. As no surpluses are expected to be available within the Adopted Operating Expense Budget, the proposed transfer from the Unappropriated Balance will increase the overall Fiscal Year (FY) 2020/21 Adopted Budget by $3,800,000 from $277,826,104 to $281,626,104. Payment of Container Incentive expenses are 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 generally and administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 1 and Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the budgetary transfer of $3,800,000 from the Unappropriated Balance to Account 59961 (Container Incentives), Center 0422, Program 000; (3) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt Resolution No._____________.