President Vilma Martinez, Vice President David Arian, Commissioner Anthony Pirozzi, Jr., and Commissioner Edward R. Renwick. (4)

Transcription

1 BOARD OF HARBOR COMMISSIONERS Ambassador Vilma S. Martinez, President Vice President David Arian Commissioner Patricia Castellanos Commissioner Anthony Pirozzi, Jr. Commissioner Edward R. Renwick Meeting Start Time: 2:37 p.m. Present: President Vilma Martinez, Vice President David Arian, Commissioner Anthony Pirozzi, Jr., and Commissioner Edward R. Renwick. (4) Absent: Commissioner Patricia Castellanos. (1) A. OPENING STATEMENT AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING. 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. Page 1 of 30

2 B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS The following persons provided public comment: Donald Holland, Cabrillo Boat Shop Robert Genest, Los Angeles Waterfront Access and Redevelopment Marcus Musante, District Attorney for the City of Compton Peter Califano, Los Angeles Waterfront Access and Redevelopment Lanny Setka, Los Angeles Waterfront Access and Redevelopment Mike Harper, Los Angeles Waterfront Access and Redevelopment C. EXECUTIVE DIRECTOR REMARKS Executive Director Eugene D. Seroka reported on the following: Employee Calendar Contest Winners presentation is moved to the Board of Harbor Commissioners meeting of December 17, Capital Improvement Programs Status Update as of October 2015 Update on Efficiency, Security and Sustainability as of October 2015 Port of Los Angeles Key Performance Statistics as of October 2015 Meetings/Conferences: November 10, 2015 Met with Rear Admiral Joseph A. Servidio November 12, 2015 Attended the Alameda Corridor Transportation Authority Board Meeting November 12, 2015 Met with ILWU Local 13 President Bobby Olvera Jr. November 13, 2015 Attended the 22 nd Annual Policy Conference of the Pat Brown Institute for Public Affairs at California State University Los Angeles November 13, 2015 Attended the Engage LA event hosted by Mayor Eric Garcetti, First Lady Amy Elaine Wakeland, and The Getty House Foundation Board of Directors November 16, 2015 Attended a lunch meeting with ILWU members Bobby Olvera Jr. (Local 13), Joe Gasperov (Local 63), and Danny Miranda (Local 94), and Port Liaison for ILWU Dominic Morretti Page 2 of 30

3 C. (Continued) November 16, 2015 Attended the FuturePorts VIP Reception at the Keesal Young & Logan offices in Long Beach, CA November 17, 2015 Attended the Coalition for Environmental Protection, Restoration and Development Project Transportation Technology & Fuels Subgroup meeting at the Gas Company tower in Downtown Los Angeles November 18, 2015 Met with Bill Allen, President of the Los Angeles County Economic Development Corporation, and Praful Kulkarni, Board Chair of Los Angeles County Economic Development Corporation and Poonam Kulkarni, Wife of Praful Kulkarni for a lunch meeting at the City Club in downtown Los Angeles November 19, 2015 Provided an overview of the Port of Los Angeles to a group of 16 White House Fellows visitors at the Harbor Department Administration Building November 19, 2015 Attended the State of the County Address given by Los Angeles County Supervisor Don Knabe at the Long Beach Convention Center November 19, 2015 Had a meeting with Commissioner Pirozzi Jr. to talk about a myriad of subjects related to the Port s 8 lines of unique business November 19, 2015 Had a meeting with Matt Peterson, City of Los Angeles Chief Sustainability Officer, and Gladstein and Neandross at the Harbor Department Administration building November 20, 2015 Had a lunch meeting with Jonathan Williams, President of Pacific Battleship, at J. Trani s in San Pedro to discuss the future of the USS Iowa November 23, 2015 Attended the Fleet Week Press Conference onboard the USS Iowa November 23, 2015 Met with David Pettit, Senior Attorney for National Resources Defense Council, Morgan Wyenn, Attorney for National Resources Defense Council, and several China Shipping Litigants to discuss some ongoing work to the China Shipping Supplemental EIR and to take a terminal tour of the China Shipping facility Page 3 of 30

4 D. REPORTS OF THE COMMISSIONERS Vice President Arian reported on the following: November 14, 2015 Attended the 50 th Anniversary of the Boys & Girls Club November 16, 2015 Attended a lunch meeting with Executive Director Seroka, ILWU members Bobby Olvera Jr. (Local 13), Joe Gasperov (Local 63), and Danny Miranda (Local 94), and Port Liaison for ILWU Dominic Morretti November 18, 2015 Visited the Mechanical Arts High School Program, developed by the Carpenters Union, in Buena Park with Port Police Chief Gazsi November 18, 2015 Attended the Rancho San Pedro Feasibility Study meeting presented by the Housing Authority of the City of Los Angeles and CD15 November 22, 2015 Attended the Harry Bridges Institute Working Class Women s Luncheon Commissioner Renwick reported on the following: November 10, 2015 Met with Behjat Zanjani, Integrated Engineering Management November 10, 2015 Greeted a delegation visiting from Kenya at the Harbor Department Administration building November 12, 2015 Participated in the ACTA Audit Committee Meeting at 8:30 am November 12, 2015 Participated in the ACTA Board Meeting at 9:00 am November 13, 2015 Attended the Engage LA event hosted by Mayor Eric Garcetti, First Lady Amy Elaine Wakeland, and The Getty House Foundation Board of Directors November 13, 2015 Spoke with Wayne Ratkovich, The Ratkovich Company and Peter Stonebrook, Brookfield, at the Engage LA event Spoke with Jonathan Rosenthal, Managing Partner at Saybrook Capital Page 4 of 30

5 D. (Continued) Commissioner Pirozzi, Jr. reported on the following: November 13, 2015 Attended a tour of the TraPac facility November 14, 2015 Attended the 50 th Anniversary of the Boys & Girls Club November 17, 2015 Attended the Trade, Commerce and Technology Committee meeting that was held at the Harbor Department Administration building November 17, 2015 Met with Jerico Development November 18, 2015 Attended the Rancho San Pedro Feasibility Study meeting presented by the Housing Authority of the City of Los Angeles and CD15 November 19, 2015 Attended the State of the County Address given by Los Angeles County Supervisor Don Knabe at the Long Beach Convention Center President Martinez reported on the following: November 10, 2015 Greeted a delegation from Cambodia that visited the Port of Los Angeles November 18, 2015 Met with representatives Jim Quinn, Peter Clark, and Pam Ford of the Port of Auckland, New Zealand E. BOARD COMMITTEE REPORTS Commissioner Renwick reported on the Alameda Corridor Transportation Authority (ACTA) Audit Committee Meeting of November 12, 2015 and Governing Board Meeting of November 12, F. APPROVAL OF THE MINUTES None. Page 5 of 30

6 G. PRESENTATION None. H. LEVEL I COASTAL DEVELOPMENT PERMIT REPORT The Executive Director has approved one Level I CDP: CDP No Space Exploration Technologies Corp. (SpaceX) Modular Office and Site Improvements for Support and Recovery Operations No members of the Board requested that this Level I CDP be agendized for the next Board meeting. Page 6 of 30

7 I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR Consent Items (1 7) Office of the City Attorney 1. Re: RESOLUTION NO APPROVE FIRST AMENDMENTS TO AGREEMENT E-6773 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND DIGISTREAM INVESTIGATIONS AND AGREEMENT E-6774 BETWEEN THE CITY OF LOS ANGELES AND G4S INVESTIGATIONS SUMMARY: The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve two First Amendments (Amendments) to Executive Director Agreement No. E-6773 with DigiStream Investigations (DigiStream) and Agreement No. E-6774 with G4S Investigations (G4S). The First Amendment for Agreement No. E-6773 with DigiStream extends the term of the agreement by one year and increases the appropriation by $30,000. The First Amendment for Agreement No. E-6774 with G4S Investigations extends the term by one year. The term extensions and additional funding for DigiStream is necessary due to multiple lengthy ongoing Workers Compensation investigations. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for payment of expenses under the proposed Amendments. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement No. E-6773 with DigiStream Investigations, extending the one-year term to a total of two years and increasing the appropriation to an amount not-to-exceed $60,000; (3) approve the First Amendment to Agreement No. E-6774 with G4S Investigations, extending the one-year term to a total of two years; (4) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement E-6773 and the First Amendment to Agreement No. E-6774; and (5) adopt Resolution No Page 7 of 30

8 1. (Continued) Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NOS A AND A APPROVED AND ITS EXECUTION AUTHORIZED Page 8 of 30

9 Environmental Management 2. Re: RESOLUTION NO APPROVAL OF AGREEMENT WITH SEASIDE TRANSPORTATION SERVICES, LLC UNDER THE PORT OF LOS ANGELES AIR QUALITY MITIGATION INCENTIVE PROGRAM TO FUND PARTS AND LABOR FOR THE REPOWERS OF 11 RUBBER- TIRED GANTRY CRANES SUMMARY: In December 2007, the Board of Harbor Commissioners (Board) awarded an Air Quality Mitigation Incentive Program (AQMIP) Grant for $875,000 to Seaside Transportation Services, LLC (STS) for cargo handling equipment retrofits. A portion of the award, $350,000, was used to retrofit 14 top picks with California Air Resources Board (CARB) verified emission control technologies. The remaining balance of $525,000 was approved by the Board to be used to repower 11 rubber-tired gantry cranes (RTGs). The $525,000 grant contract has now expired before payment could be made to STS for the repowers, though the repower of the 11 RTGs has been completed, they are in use, and the project results in the reduction of.28 tons of diesel particulate matter (DPM) and tons of oxides of nitrogen (NOx) per year. A new agreement is now necessary to reimburse STS for the cost of parts and labor that were incurred in replacing the 11 RTG engines. Staff recommends approval of the new agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and STS for an amount not to exceed $461,572, which is the cost incurred for parts and labor, for a term of six months to reimburse STS. Since the actual reimbursable cost of the retrofit was less than the originally anticipated $525,000, the remaining grant balance of $63,428 will be reallocated to the Harbor Community Benefit Foundation in a manner agreed upon by the parties to the China Shipping Settlement. The new agreement is the financial responsibility of the Harbor Department. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Agreement between the City of Los Angeles Harbor Department and Seaside Transportation Services, LLC., in the not-to-exceed amount of $461,572; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No Page 9 of 30

10 2. (Continued) Chris Cannon, Director of Environmental Management, provided background information on Item No. 2. Motion by Commissioner Renwick, seconded by Vice President Arian, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 10 of 30

11 Waterfront & Commercial Real Estate 3. Re: ORDER NO RESETTING COMPENSATION UNDER PERMIT NO. 724 WITH THE LOS ANGELES YACHT CLUB SUMMARY: The Waterfront and Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) approve the Order resetting compensation for Permit No. 724 between the Los Angeles Yacht Club (LAYC) and the City of Los Angeles Harbor Department (Harbor Department) for the operation and maintenance of a yacht club located in the Outer Harbor, San Pedro. Permit No. 724 has a 30-year term that commenced on March 4, 1993 and will expire on March 3, Consistent with the terms and conditions of Permit No. 724 that compensation be reset every five years, the proposed Order recommends that compensation be reset for the period on a graduated annual scale ranging from $2, in 2013 to $2, in 2015, and adjusted by Consumer Price Index (CPI) annually for the remainder of the compensation period. Recommendation: Board resolve to (1) find that the proposed action is 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 Order resetting compensation for the period of March 4, 2013 through March 3, 2018 under Permit No. 724; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Order No Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED AND ORDER NO ADOPTED Page 11 of 30

12 Cargo Marketing 4. Re: RESOLUTION NO APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SCREEN GP AMERICAS, LLC FTZ 202, SITE 44 SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Cargo Marketing Division recommends that the Board of Harbor Commissioners approve the FTZ operating agreement between the City Harbor Department and Screen GP Americas, LLC (Screen) to activate its warehouse within FTZ 202, Site 44, located at Commerce Way, Fontana, California Site 44 is a 29,175 square feet property including a warehouse located approximately 65 miles from the Port of Los Angeles. Screen will be operating its warehouse under FTZ procedures as a single-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options. This proposed Agreement will not require funding by the Harbor Department. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Screen GP Americas, 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, upon approval by the City Council; and (5) adopt Resolution No Page 12 of 30

13 4. (Continued) Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 13 of 30

14 Engineering 5. Re: RESOLUTION NO APPROVAL OF AMENDMENT TO ALLOCATION AGREEMENT NO. 75A0385 BETWEEN THE CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA FOR WEST BASIN ROAD RAIL ACCESS IMPROVEMENTS SEGMENT 2 PROJECT (BERTH 200 RAIL YARD TRACK CONNECTIONS) STATE PROPOSITION 1B TRADE CORRIDORS IMPROVEMENT FUND PROGRAM STATE CALIFORNIA TRANSPORTATION COMMISSION SUMMARY: The Engineering Division recommends that the Board of Harbor Commissioners approve the Amendment to Allocation Agreement No. 75A0385. The State of California, Department of Transportation (Caltrans) requires the City of Los Angeles Harbor Department (Harbor Department) to fully execute an Amendment to Allocation Agreement No. 75A0385 related to the West Basin Road Rail Access Improvements Segment 2 project, to extend the State Proposition 1B Trade Corridor Improvement Fund (TCIF) grant reimbursement period to June 30, 2017 and de-allocate $1,089,000 of unused project funding. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 11, Section 2(f) and 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Amendment to Allocation Agreement No. 75A0385 as to substantial form; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Amendment to Allocation Agreement No. 75A0385 for and on behalf of the Board; and (4) adopt Resolution No Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) Page 14 of 30

15 5. (Continued) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO A APPROVED AND ITS EXECUTION AUTHORIZED Page 15 of 30

16 Executive Office 6. Re: RESOLUTION NO APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION COMMUNITY BENEFIT GRANT PROGRAM, ROUND 3 AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS SUMMARY: The Harbor Community Benefit Foundation (HCBF) is requesting that the Board of Harbor Commissioners (Board) approve the Community Benefit Grant Program, Round 3 projects in the amount of $335,000 and transfer funding in such amount from the Port Community Mitigation Trust Fund (PCMTF). The PCMTF was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects and grants addressing port-related impacts for the communities of San Pedro and Wilmington. The HCBF, an independent nonprofit organization established to operate the PCMTF, is responsible for identifying qualifying projects to receive grant funding from the PCMTF to be approved by the Board. The HCBF Board of Directors has confirmed its selection of 10 projects to receive funding for the third round of the Community Benefit Grant Program, and is requesting Board approval of the award recipients and transfer of funds from the PCMTF, in accordance with the requirements of the TraPac Memorandum of Understanding (MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). The proposed projects have a Tidelands nexus and will address the Port of Los Angeles (Port) impact on the local environment in Wilmington and San Pedro. Upon approval, $335,000 will be transferred from the PCMTF to HCBF for 10 grant awards. The $335,000 will be supplemented by $15,000 of unspent funds from a prior grant cycle for a total of $350,000 in grant awards. Upon the transfer of funds from the PCMTF to HCBF, HCBF will be financially responsible for the disbursement of funds to grantees in accordance with the TraPac MOU, Operating Agreement, and the Grant Agreements. 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 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 s selection of 10 projects to receive awards from the Community Benefit Grant Program, Round 3, funded by the Port Community Page 16 of 30

17 6. (Continued) Mitigation Trust Fund; (3) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $335,000 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation s request; and (4) adopt Resolution No Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Page 17 of 30

18 Executive Office 7. Re: RESOLUTION NO APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION 2016 OPERATING BUDGET SUMMARY: The Harbor Community Benefit Foundation (HCBF) is requesting that the Board of Harbor Commissioners (Board) approve its proposed 2016 Operating Budget of $437,706 for the 2016 calendar year and transfer funding in the amount of $359,324 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 16, 2015, HCBF s Board of Directors approved the proposed operating budget for the 2016 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 $359,324 from the PCMTF to HCBF. The $359,324 will be supplemented by HCBF s projected 2015 surplus of $78,382 for a total requested 2016 Operating Budget of $437,706. 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 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 2016 Operating Budget of a not-toexceed amount of $437,706; with the condition that the Harbor Community Page 18 of 30

19 7. (Continued) 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 $78,382 surplus from the 2015 Operating Budget for the purpose of funding the current request for its 2016 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 $359,324 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 Motion by Vice President Arian, seconded by Commissioner Renwick, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Page 19 of 30

20 Regular Items (8 11) Port Pilots 8. Re: RESOLUTION NO APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND UNITED STATES DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL OCEAN SERVICE CENTER FOR OPERATIONAL OCEANOGRAPHIC PRODUCTS AND SERVICES FOR AIR GAP MEASUREMENT SYSTEM INSTALLATION, OPERATION AND MAINTENANCE SUMMARY: The Port Pilots Division recommends the Board of Harbor Commissioners approve the City of Los Angeles Harbor Department (Harbor Department) Memorandum of Agreement (MOA) with the United States Department of Commerce National Oceanic and Atmospheric Administration (NOAA) National Ocean Service Center for Operational Oceanographic Products and Services (CO-OPS) to install an air gap measurement system to the apex of the Vincent Thomas Bridge (Bridge). The proposed MOA between the Harbor Department and CO-OPS, which is based in Silver Spring, Maryland, provides for the installation, operation and maintenance of air gap sensor equipment and access to the collected data, in addition to the continued operation and maintenance of existing atmospheric sensors. The precise, real-time air gap data from the new system will add an additional measurement of safety for increasingly large vessels piloted under the Bridge. The terms of the agreement will be five years ending December 31, 2020 for a total amount of $135,459 with each year s annual amount to be funded in advance annually by the Harbor Department, this is in addition to a current purchase order commitment of $17,000 per year for the operation and maintenance (O&M) of existing atmospheric sensors by the Harbor Department. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(6) of the Los Angeles City CEQA Guidelines; (2) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the United States Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service Center for Operational Oceanographic Products and Services; (3) authorize the Executive Director to Page 20 of 30

21 8. (Continued) execute and the Board Secretary to attest to the Agreement term of five years at an amount of $135,459; and (4) adopt Resolution No Port Police Chief Gaszi provided a power point presentation on Item No. 8. Motion by Vice President Arian, seconded by Commissioner Pirozzi Jr., and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 21 of 30

22 Engineering 9. Re: RESOLUTION NO CALTRANS COOPERATIVE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 47/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT SUMMARY: The Engineering Division recommends the Board of Harbor Commissioners (Board) approve the Caltrans Cooperative Agreement (Agreement) with the State of California Department of Transportation (Caltrans) for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). This Agreement, if approved by the Board, defines the respective roles and responsibilities of each agency during the Project Initiation Document phase of the Project where Caltrans and the Harbor Department will develop the Caltrans Project Study Report Project Initiation Document (PID). The Agreement will terminate 180 days after the PID is signed by all parties and is for a lump-sum amount of $150,000. The total approved budget for this project is $1,500,000, which consists of $999,000 for a proposed personal services agreement with AECOM, $150,000 for a proposed cooperative agreement with Caltrans, and $351,000 for Harbor Department staff. The Harbor Department has been awarded $1,000,000 in Measure R Metro funds which will be used to offset $1,000,000 of the above costs. In addition, Harbor Department General Revenue Funds will be used to fund the remaining $500,000 of the project budget. By completing this phase, the Harbor Department will not be obligated to construct the Project nor complete the final design phase. Additionally, by completing this phase, the Harbor Department will be eligible to seek additional transportation funds in the future to construct the Project, contingent upon approval by the Board of Harbor Commissioners (Board). Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 Caltrans Cooperative Agreement (Agreement) between the City of Los Angeles Harbor Department and the State of California Department of Transportation; (3) authorize the Executive Director to execute and Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No Page 22 of 30

23 9. (Continued) Dave Walsh, Director of Engineering, provided a power point presentation on Item No. 9. Motion by Vice President Arian, seconded by Commissioner Pirozzi Jr., and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 23 of 30

24 Engineering 10. Re: RESOLUTION NO APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AECOM FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE STATE ROUTE 47 (SR 47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT SUMMARY: The Engineering Division recommends the Board of Harbor Commissioners (Board) approve the Personal Services Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and AECOM, Los Angeles California, to provide engineering and environmental services for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration project. The Agreement has a contract term of three years with a not-to-exceed amount of $999,000. The Harbor Department through this Agreement will prepare a Caltrans Project Study Report, Caltrans Project Report and Caltrans Environmental Documentation for Caltrans approval. The total approved budget for this project is $1,500,000, which consists of $999,000 for a proposed personal services agreement with AECOM, $150,000 for a proposed cooperative agreement with Caltrans, and $351,000 for Harbor Department staff. The Harbor Department has been awarded $1,000,000 in Measure R Metro funds which will be used to offset the above costs. In addition, Harbor Department General Revenue Funds will be used to fund the remaining $500,000 of the project budget. By completing this phase, the Harbor Department will not be obligated to construct the project nor complete the final design phase. Additionally, by completing this phase, the Harbor Department will be eligible to seek additional transportation funds in the future to construct the project, contingent upon approval by the Board. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 City Charter Section 1022, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (3) approve a personal services agreement with AECOM for engineering and environmental Page 24 of 30

25 10. (Continued) services for the State Route 47 (SR 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration project with a not-toexceed amount of $999,000 and a term of three years; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and Adopt Resolution No Dave Walsh, Director of Engineering, provided a power point presentation on Item No. 10. Motion by Commissioner Renwick, seconded by Commissioner Pirozzi Jr., and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Pirozzi, Jr. and Commissioner Renwick. (4) None. Absent: Commissioner Castellanos. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 25 of 30

26 Waterfront and Commercial Real Estate 11. Re: RESOLUTION NO. - APPROVAL OF THE COMMEMORATIVE ART POLICY SUMMARY: The Waterfront and Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) approve the Commemorative Art Policy (Policy). The Policy provides procedures and standards for City of Los Angeles Harbor Department (Harbor Department) review of commemorative art proposals from outside organizations or individuals. The review process would include: a feasibility determination by Harbor Department staff (Staff); a recommendation by an Advisory Panel consisting of community representatives, volunteers with historic or design expertise, and Staff; Board action to approve or deny the proposal; and a final Memorandum of Understanding (MOU) between the Harbor Department and applicant, where applicable. Recommendation: Board resolve to (1) find that the proposed action is 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 Commemorative Art Policy; and (3) adopt Resolution No.. Michael Cham, Waterfront and Commercial Real Estate Division, provided a power point presentation on Item No. 11. ITEM NO. 11 WAS PULLED Page 26 of 30

27 J. CLOSED SESSION 3:58 P.M. 5:24 P.M. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to Permit 704 with ExxonMobil Oil Corporation: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Berths , Terminal Island, California Michael Galvin Christi Vogl City and ExxonMobil Oil Corporation Price and Terms 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to Concession Agreement 518 with Cathay Bank: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Berth 31, San Pedro, California Michael Galvin Jack Boyt City and Cathay Bank Price and Terms Page 27 of 30

28 J. (Continued) 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN , including intervention by City of Carson Consolidated with: California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN City of Long Beach v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN Long Beach Unified School District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN South Coast Air Quality Management District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section Travelers Property Casualty Company of America and Navigators Insurance Company v. City of Los Angeles, United States District Court Case No. 2:15-cv GW (PJWx) Page 28 of 30

29 J. (Continued) 5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section United States of America v. Ronald J. Boyd, United States District Court Case No. CR CONFERENCE WITH LEGAL COUNSEL INITIATE LITIGATION (Subdivision (d)(4) of Government Code Section ) Initiation of litigation pursuant to subdivision (d)(4) of Section : one case. Report of the General Counsel General Counsel Janna B. Sidley reported the following: Closed Session Item No. 1 Board considered item and took no reportable action. Closed Session Item No. 2 Board considered item and took no reportable action. Closed Session Item No. 3 Board considered item and took no reportable action. For the record, Ambassador Martinez was recused from Closed Session Item No. 3. Closed Session Item No. 4 Board considered item and took no reportable action. Page 29 of 30

30 J. (Continued) Closed Session Item No. 5 Board considered item and took no reportable action. Closed Session Item No. 6 Board considered item and took no reportable action. THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 5:25 P.M., AMBASSADOR MARTINEZ ADJOURNED THE NOVEMBER 23, 2015 SPECIAL MEETING OF THE BOARD OF HARBOR COMMISSIONERS. Board Secretary APPROVED AS AMENDED BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD DECEMBER 17, Page 30 of 30