LOS ANGELES BOARD OF HARBOR COMMISSIONERS Harbor Administration Building 425 S. Palos Verdes Street San Pedro, California 90731

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1 LOS ANGELES BOARD OF HARBOR COMMISSIONERS Harbor Administration Building 425 S. Palos Verdes Street San Pedro, California REGULAR MEETING AGENDA AT 8:30 A.M. Board of Harbor Commissioners President, Ambassador Vilma S. Martinez Vice President David Arian Commissioner Lucia Moreno-Linares Commissioner Anthony Pirozzi, Jr. Commissioner Edward R. Renwick BOARD MEETINGS - The Board s Regular Meetings are the first and third Thursday of each month at 8:30 A.M. at the Harbor Administration Building Boardroom or as scheduled on the Port s website at A quorum of three of five Commissioners is required to transact business and three Aye votes are required to carry a motion. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter. Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will post the revised agenda on the Port s web site ( Updated agendas will also be available at the meeting. Live Board meetings can also be heard at: (213) (Metro), (818) (Valley), (310) (Westside) and (310) (Harbor). As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission Office at (310) Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE BOARD - Before reaching those portions of the agenda where Board action is requested, members of the public will be given an opportunity to address the Board on items of interest within the subject matter jurisdiction of the Board (general public comment). Thereafter, members of the public will be given an opportunity to address the Board on any item on the consent or regular agendas prior to or during the Board s consideration of that item. The same opportunity will be given in open session regarding the closed session agenda prior to commencement of closed session. Members of the public who wish to speak during general public comment are to complete a speaker card so indicating. Members of the public who wish to speak regarding a particular agenda item(s) are to complete a speaker card(s) for each such item. Agendas for special meetings will permit the public to address particular agenda items even where the agenda does not include general public comment. Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine whether such period of time should be reduced or extended based upon such factors as the length of the agenda or substance of the agenda items, the number of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable, and whether the Board is at risk of losing a quorum, among other factors. Upon request, non-english speakers will be granted additional speaking time for translation assistance. If you wish to provide documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official record. Page 1 of 28

2 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 E. Reports of the Commissioners F. Board Committee Reports 1. ICTF Committee Meeting of December 6, 2017 G. Approval of the Minutes 1. Regular Meeting of November 16, 2017 H. Presentation Port of Los Angeles Calendar Page 2 of 28

3 I. Level I Coastal Development Permit Report The Executive Director has approved three Level I CDPs: CDP No CDP No CDP No Port of Los Angeles Enforcement of LAMC Relating to Operating Hours of Public Beaches and Parks J.M. Smucker Company Abatement and Building Demolition of facilities near Terminal Way and Tuna Street APM Terminals Pacific LLC Placement of 2,000-gallon Diesel Exhaust Fluid Tank and Related Improvements at 2500 Navy Way J. Board Reports of the Executive Director Consent Items (1 11) Contracts & Purchasing 1. RESOLUTION NO. - AWARD OF CONTRACT NO TO SOUTHERN COUNTIES OIL CO. DBA SC FUELS FOR REFORMULATED GASOLINE Summary: Staff requests approval of a one-year contract with two, one-year renewal options with Southern Counties Oil Co. dba SC Fuels of Orange, CA for reformulated gasoline to be used by City of Los Angeles Harbor Department (Harbor Department) vehicles and equipment for an amount not to exceed $600,000 per year, including sales tax. Many of the Harbor Department s vehicles and small equipment currently run on gasoline and this contract locks in beneficial pricing to meet the fueling needs of the Harbor Department. This contract is the financial responsibility of the Harbor Department. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Contract No with Southern Counties Oil Co. dba SC Fuels for a term of one year with two, one-year renewal options in an amount not to exceed $600,000 per year, or a total of $1.8 million, and authorize said expenditures; (3) authorize the Executive Director and Board Secretary to execute and attest to Contract No ; and (4) adopt Resolution No.. Page 3 of 28

4 Contracts & Purchasing 2. RESOLUTION NO. - AWARD OF CONTRACT NO TO CANON BUSINESS SOLUTIONS FOR THE LEASE OF PHOTOCOPIER EQUIPMENT Summary: Staff requests approval to award Contract No to Canon Business Solutions for photocopier lease services. Contract No is a one-year contract, with two, one-year renewal options at an annual amount not-to-exceed $235,000. Through this contract, Canon Business Solutions will supply and maintain photocopiers at various Harbor Department office locations. Expenditures under this contract are the financial responsibility of the Harbor Department. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Contract No with Canon Business Solutions for a one-year term at a not-to-exceed amount of $235,000; (3) authorize the Executive Director to execute two, one-year extensions at an amount notto-exceed $235,000 annually, subject to budget authorization in each fiscal year; and (4) adopt Resolution No.. Page 4 of 28

5 Executive Office 3. RESOLUTION NO. - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION 2018 OPERATING BUDGET Summary: The Harbor Community Benefit Foundation (HCBF) requests that the Board of Harbor Commissioners approve its proposed 2018 Operating Budget of $304,954 for the 2018 calendar year and transfer funding in the amount of $212,716 from the Port Community Mitigation Trust Fund (PCMTF). The HCBF is a non-profit organization that receives funding from the PCMTF established by the City of Los Angeles Harbor Department (Harbor Department) and provides grant administration for the PCMTF, subject to Board approval of budget, grants and PCMTF fund transfers in accordance with the TraPac Memorandum of Understanding (TraPac MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). On October 27, 2017, HCBF s Board of Directors approved the proposed operating budget for the 2018 calendar year and is requesting Board approval and transfer of funds from the PCMTF. In accordance with the TraPac MOU and Operating Agreement, HCBF has provided the required financial reports and program documentation in support of its budget request. Upon approval by the Board, the Harbor Department will authorize JP Morgan Private Bank (JPMPB) to transfer a lump sum amount of $212,716 from the PCMTF to HCBF. The $212,716 will be supplemented by HCBF s projected 2017 surplus of $92,238 for a total requested 2018 Operating Budget of $304,954. Upon transfer of funds from the PCMTF, HCBF will be financially responsible for its operating budget. Additionally, HCBF will provide the Board prior notice of any reallocation of authorized funds that exceed 10% of the total annual budget. The Harbor Department funded the original PCMTF, but no additional payments from the Harbor Department will be required to fund this request. 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 Harbor Community Benefit Foundation calendar year 2018 Operating Budget of a not-to-exceed amount of $304,954, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice to any reallocation with the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (3) approve the Harbor Community Benefit Foundation to retain the $92,238 surplus from the 2017 Operating Budget for the purpose of funding the current request for its 2018 Operating Budget; (4) authorize the Executive Director or designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $212,716 from JP Morgan Private Bank to the Harbor Community Benefit Foundation subject to the same condition set forth in Recommendation 2; and (5) adopt Resolution No.. Page 5 of 28

6 Office of the City Attorney 4. RESOLUTION NO. - THREE LEGAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LOEB & LOEB LLP AND MEYERS NAVE RIBACK SILVER & WILSON PLC AND THOMPSON COBURN LLP Summary: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve three (3) Legal Services Agreements (each an Agreement) between the City Los Angeles Harbor Department (Harbor Department) and three firms: Loeb & Loeb, Meyers Nave Riback Silver & Wilson PLC and Thompson Coburn LLP, for legal services for the San Pedro Bay Ports Clean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) matters. Each of the three Agreements is for a term of three years with compensation of $150,000. The Harbor Department is financially responsible for payment for personal services rendered under the three proposed Agreements in an aggregate amount of $450,000. 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 Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve (1) a Legal Services Agreement with Loeb & Loeb LLP in the amount of $150,000 for a three-year term; and (2) a Legal Services Agreement with Meyers Nave Riback Silver & Wilson PLC in the amount of $150,000 for a three-year term; and (3) a Legal Services Agreement with Thompson Coburn LLP in the amount of $150,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (5) adopt Resolution No.. Page 6 of 28

7 Cargo & Industrial Real Estate 5. RESOLUTION NO. - APPROVE REVOCABLE PERMIT NO WITH INNOVATIVE TERMINAL SERVICES, INC. Summary: Staff requests approval of Revocable Permit No (RP 16-40) with Innovative Terminal Services, Inc. (Innovative) for use of City of Los Angeles Harbor Department (Harbor Department) land in the backlands of Berths (1221 East New Dock Street, Terminal Island, CA) to be operated as a chassis depot. Innovative presently occupies the proposed premises under a space assignment. RP will combine the area covered under the space assignment and incorporate additional area, for a total of approximately 5.2 acres. This conversion to an RP will generate approximately $725,000 in annual fixed revenue, an increase of $484,904 over the revenue generated through a Space Assignment. Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve Revocable Permit No with Innovative Terminal Services, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No ; and (4) adopt Resolution No.. Page 7 of 28

8 Waterfront & Commercial Real Estate 6. RESOLUTION NO. - APPROVE THIRD AMENDMENT TO PERMIT NO. 837 WITH THE PORT OF LOS ANGELES BOYS AND GIRLS CLUB Summary: Staff requests approval of the Third Amendment to Permit No. 837 (Permit) with the Port of Los Angeles Boys and Girls Club (Boys and Girls Club) to allow child development classes and college bound courses, offered by Los Angeles Harbor College, to be held at the training room at Liberty Hill Plaza Building on Tuesday, Wednesday, and Thursday evenings. The Boys and Girls Club is currently permitted to use the training room only for the purpose of conducting meetings for its directors and/or management. Staff recommends approval of the Third Amendment, which will allow these additional uses at the training room. Recommendation: Board resolve to (1) find that the proposed action is categorically exempt from the requirements of the California Environment Quality Act (CEQA) under Article III Section 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Third Amendment to Permit No. 837 with Port of Los Angeles Boys and Girls Club; (3) direct the Board Secretary to transmit the Third Amendment to Permit No. 837 to City Council for approval pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment upon approval by City Council; and (5) adopt Resolution No.. Page 8 of 28

9 Waterfront & Commercial Real Estate 7. RESOLUTION NO. - APPROVAL OF ANNUAL BUDGET COVERING FISCAL YEAR 2018/2019 FOR WESTREC MARINA MANAGEMENT, INC. UNDER AGREEMENT NO Summary: Staff requests approval of the annual budget for Fiscal Year (FY) 2018/2019 under Agreement No (Agreement) between Westrec Marina Management, Inc. (Westrec) and the City of Los Angeles Harbor Department (Harbor Department). Westrec s budget proposal for FY 2018/2019 continues to improve on past FY performance in both operating income and operating expense percentage ratio to total revenue thereby increasing net income. Westrec s proposed FY 2018/20109 budget continues an upward trend in revenue with a projected twenty-five percent increase from FY 2016/2017 s actuals. The operating expense percentage ratio to total revenue is also expected to improve to 53 percent of total revenue down from 55 percent in FY 16/17, which continues a positive trend from previous years. Because 2017/2018 results are not yet available, actuals from the previous FY 2016/2017 were used for comparison and analysis purposes. The Agreement provides for the operation, management, and maintenance of the Cabrillo Way Marina (CWM) and its structures/facilities located in San Pedro on behalf of the Harbor Department. The Agreement has a five-year term (July 1, 2013 through June 30, 2018), with two five-year option periods to extend the term. The Agreement requires the Operator (Westrec), with input from the Harbor Department, to prepare an annual budget for operation of the marina for approval by the Harbor Department. The first proposed annual budget for FY 2013/2014 was approved at the Agreement s inception and was provided as an initial estimate of the proposed operating revenues and expenses. The subsequent annual operating budgets for FY 2014/2015 through FY 2017/2018 were previously approved by the Board. No Harbor Department funds are being requested for this proposed action. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Westrec Marina Management, Inc. annual budget for Fiscal Year 2018/2019 under Agreement No ; and (3) adopt Resolution No.. Page 9 of 28

10 Waterfront & Commercial Real Estate 8. RESOLUTION NO. - APPROVE THIRD AMENDMENT TO REVOCABLE PERMIT NO WITH SPACE EXPLORATION TECHNOLOGIES CORP. DBA SPACEX Summary: Staff requests approval of the Third Amendment to Revocable Permit No (RP 15-19) with Space Exploration Technologies Corp. dba SpaceX (SpaceX) to increase permit premises by approximately 34,643 square feet (s.f.) of land and water areas and allow the berthing of a 204 long vessel. The additional land area will also allow SpaceX to remove equipment from the tops of their sea vans and store them on the additional area, away from public view. The Third Amendment to RP increases City of Los Angeles Harbor Department (Harbor Department) revenue by $45, per year to $337,149.80, a percent increase over its current annual rent of $291, Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Third Amendment to Revocable Permit No with Space Exploration Technologies Corp.; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Revocable Permit No ; and (4) adopt Resolution No.. Page 10 of 28

11 Environmental Management 9. RESOLUTION NO. - FIRST AMENDMENT TO AGREEMENT NO BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ENVIRONMENTAL COMPLIANCE SOLUTIONS, INC. FOR AS-NEEDED ENVIRONMENTAL DOCUMENTATION AND SPECIAL ENVIRONMENTAL SERVICES Summary: Staff requests approval of the First Amendment (Amendment) to Agreement No with Environmental Compliance Solutions, Inc. (ECS), which will increase the contract amount from $1,300,000 to $2,800,000. The additional funds are needed to provide continuing administrative and technical support for environmental documents that are currently in progress due to staffing vacancies in the City of Los Angeles Harbor Department s (Harbor Department) Environmental Management Division (EMD). There is no change to the contract term, which is due to expire on December 1, The Harbor Department is financially responsible for the $1,500,000 increase. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that in accordance with City Charter Section 1022, work under the subject Amendment can be performed more feasibly by independent consultants rather than by City employees; (3) approve the First Amendment to Agreement No with Environmental Compliance Solutions, Inc. to increase the contract amount from $1,300,000 to $2,800,000; (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.. Page 11 of 28

12 Cargo Marketing 10. RESOLUTION NO. - APPROVAL OF SECOND AMENDMENT TO FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PUMA NORTH AMERICA, INC. FTZ 202, SITE 9 Summary: Staff requests the approval of a Second Amendment (Second Amendment) of Foreign-Trade Zone (FTZ) Operating Agreement No between the City of Los Angeles Harbor Department (Harbor Department) and Puma North America, Inc. (PUMA) to continue operating its warehouse within FTZ 202, Site 9, located at Van Ness Avenue, Torrance, California On July 5, 2017, Foreign-Trade Zones Board approved a minor boundary modification of Foreign-Trade Zone 202 under the alternative framework to expand Site 9 for the sole use of PUMA to include an adjacent 2.51 acres property located at Van Ness Avenue, Torrance, California. This site expansion requires an amendment of the Agreement. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreement with FTZ site operators to oversee their FTZ operations. Expanded Site 9 consist of two warehouses totaling approximately 767,347 square feet and office space on acres located approximately 10 miles from the Port of Los Angeles. PUMA will be operating its warehouse under FTZ procedures as a single-usage site. The terms and conditions of the proposed Second Amendment to the FTZ Operating Agreement (Agreement) is proposed to remain unchanged. 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 proposed second amendment to the Foreign-Trade Zone Operating Agreement No between the City of Los Angeles Harbor Department and Puma North America, Inc.; (3) direct the Board Secretary to transmit the proposed second amendment to the 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 Second Amendment to the Foreign-Trade Zone Operating Agreement No ; and (5) adopt Resolution No.. Page 12 of 28

13 Construction and Maintenance 11. RESOLUTION NO. - INCREASE CONTRACT AUTHORITY AMOUNT FOR ANNUAL PURCHASE ORDER NO WITH GANDY GLASS CO., INC. Summary: Staff requests that the Board of Harbor Commissioners approve an increase in the expenditure authority for Purchase Order No with Gandy Glass Co., Inc., of Wilmington, California, currently set at the amount of $149,000 per year, to $260,000 per year. This annual contract, which will expire on October 23, 2018, is administered by the Construction and Maintenance Division (C&M) and is for the purchase of glass windows and doors, including their installation and repair, for projects throughout the Port of Los Angeles (Port). The requested increase is necessary for C&M to complete current and planned capital and maintenance projects. Although the contract authority level would increase, the actual contract expenditures will not exceed the budget levels authorized in the C&M operating, Capital Improvement Program (CIP), and Maintenance Improvement Program (MIP) budgets. The Harbor Department is responsible for the payment of expenses under this contract. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Purchase Order Change No. 2 to Purchase Order No with Gandy Glass Co., Inc. in the amount of $111,000, increasing the annual expenditure authority from $149,000 to $260,000 for the current contract period; (3) authorize the Executive Director to execute and the Board Secretary to attest to said purchase order change; and (4) adopt Resolution No.. Page 13 of 28

14 Regular Items (12 19) Public Hearing Planning & Strategy 12(a). ADOPTION OF PORT MASTER PLAN AMENDMENT TO ADD THE MARITIME SUPPORT USE TO THREE LOCATIONS IN PLANNING AREA 1 Pursuant to the California Coastal Act of 1976, the Los Angeles Harbor Department hereby gives notice to all interested persons, organizations, and agencies that a DRAFT AMENDMENT TO THE PORT OF LOS ANGELES CERTIFIED PORT MASTER PLAN has been prepared as follows: Draft Port Master Plan Amendment of 2017 Map change to Planning Area 1 adds maritime support to three areas: 1) the visitor-serving commercial area at Berth 73A, 2) the institutional area adjacent to the municipal fish market (Canetti s building), and 3) the proposed Jankovich barge area at B51. The map change is consistent with the addendum to the San Pedro Waterfront Project EIR for the Jankovich Company Relocation Project from June Page 14 of 28

15 Planning & Strategy 12(b). RESOLUTION NO. - ADOPTION OF PORT MASTER PLAN AMENDMENT TO ADD THE MARITIME SUPPORT USE TO THREE LOCATIONS IN PLANNING AREA 1 Summary: Staff requests the Los Angeles Board of Harbor Commissioners (Board) consider all comments, if any, held at the December 14, 2017 public hearing for a proposed Port Master Plan Amendment (Amendment), adopt the Amendment, and authorize the Executive Director to submit the Amendment to the California Coastal Commission for certification. The Amendment would modify the Planning Area 1 San Pedro land use map (Port Master Plan Figure 5) by adding Maritime Support as an allowed use at three locations. This change is required to accommodate the relocation of The Jankovich Company (Jankovich) to Berth 73A, Berth 51, and the Canetti s Building, as approved by the Board under Permit 930 at the August 17, 2017 Board Meeting. The maritime support use would be added to 1) the visitor-serving commercial area at Berth 73A, 2) the institutional area adjacent to the municipal fish market, and 3) the visitorserving commercial area at Berth 51. The map changes are consistent with the June 2017 Addendum to the San Pedro Waterfront Project EIR for the Jankovich Company Relocation Project and would not add any new or significant increases to adverse impacts to water quality, habitat areas, and biological inventories The Jankovich operation is consistent with the maritime support land use category. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) adopt the Port Master Plan Amendment; (3) authorize the Executive Director to submit the Port Master Plan Amendment to the California Coastal Commission for Certification; and (4) adopt Resolution No.. Page 15 of 28

16 Contracts & Purchasing 13. RESOLUTION NO. - LOCAL BUSINESS PREFERENCE PROGRAM Summary: Staff requests that the Board of Harbor Commissioners (Board) extend the Local Business Preference Program (LBPP) with two modifications: reduce the maximum preference to $250,000 and exclude professional service contract opportunities. Any financial impact from the LBPP is the 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) authorize the continuation of the Local Business Preference Program, as modified in the Resolution; (3) instruct staff to report annually to the Board on the financial impact of the Local Business Preference Program and Local Business Enterprise participation; and (4) adopt Resolution No.. Page 16 of 28

17 Waterfront & Commercial Real Estate 14. RESOLUTION NO. - APPROVE PROPOSED SUCCESSOR PERMIT NO. 921 WITH LEEWARD BAY MARINA Summary: Staff requests approval of proposed Permit No. 921 (Permit) with Leeward Bay Marina (LBM) for the continued use of City of Los Angeles Harbor Department (Harbor Department) property at Berth 200-I in Wilmington to supersede existing Revocable Permit No (RP 1487). The Permit grants LBM the use of Harbor Department property for the construction, operation, and maintenance of the marina for berthing of recreational vessels. In addition, the Permit allows for the continuation of a sublease with the Chowder Barge restaurant and the cancellation of Temporary Entry and Use Permit (TEUP) No. 814 for temporary use of the water area. Consistent with the terms of the other nine Wilmington marinas, this Permit will be retroactively effective as of November 1, 2015, and terminates on October 31, The next five-year reset will be November 1, The New Minimum Fixed Rent (MFR), effective November 1, 2015, will be $77,983 per year, which is less than the projected Percentage Rent of $111,192 per year. Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; Approve Permit No. 921 with Leeward Bay Marina including the sublease with the Chowder Barge; (2) direct the Board Secretary to transmit Permit No. 921 to the City Council for approval pursuant to Charter Sections 606 and 607; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Permit No. 921 upon approval by the City Council; and (4) adopt Resolution No.. Page 17 of 28

18 Waterfront & Commercial Real Estate 15. RESOLUTION NO. - APPROVE LICENSE AGREEMENT TEMPLATE FOR BIKE SHARE OPERATORS Summary: Staff requests approval of temporary License Agreement (Agreement), which would permit a bike share company to use and occupy property within Council District 15 of the City of Los Angeles, including the Harbor District. Recommendation: Board resolve to (1) find that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 4(7) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve a temporary License Agreement for bike share operators; (3) authorize the Executive Director to execute License Agreements that do not materially deviate from the License Agreement template; and (4) adopt Resolution No.. Page 18 of 28

19 Port Police 16. RESOLUTION NO. - APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TIMOTHY J. RILEY FOR PUBLIC SAFETY TECHNOLOGY PROJECT MANAGEMENT AND COORDINATION Summary: Staff request approval of Agreement with Timothy J. Riley, Laguna Nigel, California, to provide professional services for management, coordination and completion of complex Los Angeles Harbor Department (Harbor Department) public safety/law enforcement technology and radio projects. The Harbor Department needs specialized expertise that is technical in nature to assist with the implementation of complex law enforcement related technology initiatives and programs, and to provide unique assistance to carry out the functions and duties of the Los Angeles Port Police Division. The Agreement will be for one year with two one-year renewal options, with a total not to exceed of $517,500. The Harbor Department will be financially responsible for the payment of expenses under the proposed agreement. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that the proposed Agreement qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional character for which competitive bidding is not practicable or advantageous, pursuant to Los Angeles City Charter, Section 371(e)(2) and Los Angeles Administrative Code Section (a)(2); (3) find in accordance with Los Angeles City 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; (4) approve the Agreement between the Harbor Department and Timothy J. Riley; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (6) adopt Resolution No.. Page 19 of 28

20 Executive Office 17. RESOLUTION NO. - APPROVAL OF AMENDED AND RESTATED ALAMEDA CORRIDOR CAPITAL EXPENSE GUIDELINES FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2022 Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the Amended and Restated Alameda Corridor Capital Expense Guidelines for the five-year period of January 1, 2018 through December 31, The previously established Capital Expense Guidelines dated June 30, 2012 will expire on December 31, Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve and provide mutual agreement to the Amended and Restated Alameda Corridor Capital Expense Guidelines; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority (ACTA) for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.. Page 20 of 28

21 Executive Office 18. RESOLUTION NO. - APPROVAL TO MAINTAIN THE ALAMEDA CORRIDOR RESERVE ACCOUNT TARGET AT $15,000,000 FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2022 Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to continue to maintain the Alameda Corridor Reserve Account Target at $15,000,000 for the five-year period of January 1, 2018 through December 31, Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve and provide mutual agreement to maintain the Alameda Corridor Reserve Account Target at $15,000,000; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority (ACTA) for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.. Page 21 of 28

22 Executive Office 19. RESOLUTION NO. - APPROVAL OF 2018 ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY OPERATIONS AND MAINTENANCE BUDGET Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution approving and providing mutual agreement to the 2018 Alameda Corridor Operations and Maintenance budget, in the amount of $11,719,796. The source of funds for this budget will be from the two railroads operating on the Alameda Corridor and from the Alameda Corridor Transportation Authority (ACTA) Reserve Account. There is no financial responsibility on the part of the Harbor Department to fund the proposed action. Recommendation: Board resolve to (1) find that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve and provide Mutual Agreement for the 2018 Alameda Corridor Operations and Maintenance Budget in the amount of $11,719,796; (3) direct the Executive Director to transmit this Resolution to Alameda Corridor Transportation Authority for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (4) adopt Resolution No.. Page 22 of 28

23 CLOSED SESSION K. Closed Session Items 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to Permit 827 with APM Terminals Pacific, Ltd.: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Berth 400, Terminal Island Jack Hedge John Ochs City and APM Terminals Pacific, Ltd. Price and Terms 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to a proposed permit with H.S. Seafoods, Inc.: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Municipal Fish Market Stall 4, San Pedro Michael Galvin Martha Smith City and H.S. Seafoods, Inc. Price and Terms Page 23 of 28

24 K. (Continued) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to a proposed permit with Alameda I Street Properties: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Alameda and I Street, Wilmington Jack Hedge Tom Searles City and Alameda I Street Properties Price and Terms 4. CONFERENCE WITH LEGAL COUNSEL INITIATE LITIGATION (Subdivision (d)(4) of Government Code Section ) Initiation of litigation pursuant to subdivision (d)(4) of Section : (two cases). 5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section ) Significant exposure to litigation pursuant to subdivision (b) of Section (one case). 6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Travelers Property Casualty Company and Navigators Insurance Company v. City of Los Angeles, U.S. District Court Case No. 15-CV-7799 GW (PJWx) 7. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Niki Kuha v. City of Los Angeles, Los Angeles Superior Court Case No Page 24 of 28

25 K. (Continued) 8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Kim Jones v. Pasha Stevedoring & Terminals, et al., Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Insurance Company of the West v. Pasha Stevedoring & Terminals, et al., Los Angeles Superior Court Case No. 16K CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION AGCS Marine Insurance Co. v. City of Los Angeles, Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Universal Steel v. City of Los Angeles, Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Marine Terminals Corp. v. City of Los Angeles, Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pasha Stevedoring & Terminals v. City of Los Angeles v., Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080 Page 25 of 28

26 K. (Continued) 15. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026 Page 26 of 28

27 K. (Continued) 22. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083 Page 27 of 28

28 K. (Continued) 29. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 17LBUD01104 L. Adjournment Page 28 of 28