Board Meeting

 

Summary: Staff requests approval of a Technology Advancement Program (TAP) Grant Agreement with Pasha Hawaii Holdings LLC (Pasha) to demonstrate the ability of two newly built ocean-going vessels (OGVs) that will be capable of operating on liquefied natural gas (LNG) fuels (proposed Project). Staff also requests approval of a Cost Share Agreement with the Port of Long Beach (POLB) to share the cost of the proposed Project.  Pasha’s new vessels will call at the ports of Los Angeles and Long Beach (Ports).  The Clean Air Action Plan (CAAP) TAP Advisory Committee (AC) has reviewed and recommends funding for the proposed Project as requested by Pasha. The total requested TAP funding amount is $500,000. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for the $500,000 under this action, of which $250,000 will be reimbursed by POLB through the Cost Share Agreement.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the Technology Advancement Program Grant Agreement with Pasha Hawaii Holdings LLC, for the total not-to-exceed amount of $500,000; (3) approve the Cost Share Agreement with the Port of Long Beach for the reimbursement of $250,000 from the Port of Long Beach to the City of Los Angeles Harbor Department, as established by the Clean Air Action Plan Master Cost Sharing Agreement No. 2546; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Technology Advancement Program Grant Agreement with Pasha Hawaii Holdings LLC , for and on behalf of the Board; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Cost Share Agreement with the Port of Long Beach, for and on behalf of the Board; and (6) adopt Resolution No.____________.

Summary: Staff requests approval of a Technology Advancement Program (TAP) Grant Agreement with Pasha Hawaii Holdings LLC (Pasha) to fund the repower of an ocean-going vessel (OGV) that will be capable of operating on liquefied natural gas (LNG) fuels (proposed Project).  A repower is the replacement of an engine on an existing vessel.  Staff also requests to approval of a Cost Share Agreement with the Port of Long Beach (POLB) to share the cost of the proposed Project.  Pasha’s repowered vessel will call at the ports of Los Angeles and Long Beach (Ports). The Clean Air Action Plan (CAAP) TAP Advisory Committee (AC) has reviewed the proposed Project and recommends providing the requested funding.  The total requested TAP funding amount is $500,000. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for the $500,000 under this Board action, of which $250,000 will be reimbursed by POLB through the Cost Share Agreement.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the Technology Advancement Program Grant Agreement with Pasha Hawaii Holdings LLC for the total not-to-exceed amount of $500,000; (3) approve the Cost Share Agreement with the Port of Long Beach for the reimbursement of $250,000 from the Port of Long Beach to the City of Los Angeles Harbor Department, as established by the Clean Air Action Plan Master Cost Sharing Agreement No. 2546; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Grant Agreement with Pasha, for and on behalf of the Board; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Cost Share Agreement with the Port of Long Beach, for and on behalf of the Board; and (6) adopt Resolution No. ____________.

Summary: Staff requests approval of the first Amendments to California Energy Commission (CEC) Grant Agreement No. 17-3532 and Subrecipient Agreement No. 17-3533 for the Port of Los Angeles’ Everport Advanced Cargo Handling Demonstration Project (Project).  The Amendments will modify the project schedule and extend the terms of both Agreements until March 31, 2022.  The Subrecipient Agreement is a multiparty agreement between the City of Los Angeles Harbor Department (Harbor Department), Everport Terminal Services, Inc. (Everport), BYD Motors, Inc. (BYD), and Taylor Machine Works, Inc. (Taylor).  The additional requested time is necessary to complete the demonstration project in accordance with the approved project scope. The CEC awarded the Harbor Department a grant in the amount of $4,524,000 to fund the design, development, delivery, and demonstration of three pre-commercial battery electric zero emission (ZE) yard tractors and two pre-commercial battery electric ZE top handlers at Everport, the Project demonstration partner.  The three ZE yard tractors  are expected to be put into service in the first Quarter of 2021 and the two ZE top handlers, built by Taylor have been in use at the terminal since April 2020.  Under the grant, the Harbor Department is financially responsible for $2,000,000 for the infrastructure development of the site.

Recommendation: Board resolve to (1) find that the Director of Environmental management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Agreement No. 17-3532 between the City of Los Angeles Harbor Department and the California Energy Commission for the Port of Los Angeles’ Everport Advanced Cargo Handling Demonstration Project; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Grant Agreement with the California Energy Commission for and on behalf of the Board; (4) approve the First Amendment to  Agreement No. 17-3533 between City of Los Angeles Harbor Department, Everport Terminal Services Inc., BYD Motors Inc., and Taylor Machine Works, Inc.; (5) authorize the Board Secretary to transmit said amendments to the Los Angeles City Council for approval in accordance with Charter Section 373 and Los Angeles Administrative Code Section 10.5(a); (6) upon the approval of City Council in accordance with Los Angeles Administrative Code Section 10.5(a), authorize the Executive Director to execute and the Board Secretary to attest to said Multiparty Agreement with Everport Terminal Services Inc., BYD Motors Inc., and Taylor Machine Works, Inc. for and on behalf of the Board after approval by City Council; and (7) adopt Resolution No.____________.

Summary: The Harbor Community Benefit Foundation (HCBF) requests that the Board of Harbor Commissioners (Board) approve its proposed 2021 Operating Budget of $291,471 for the calendar year (CY) 2021 and transfer funding in the amount of $232,491 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 Angeremoveles 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 23, 2020, HCBF’s Board of Directors approved the proposed operating budget for the CY 2021 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 $232,491 from the PCMTF to HCBF.  The $232,491 will be supplemented by HCBF’s projected 2020 surplus of $28,495 from previously disbursed funds, and a $30,485 transfer from the Air Quality Mitigation Fund (AQMF), resulting in the total requested CY 2021 Operating Budget of $291,471. 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 has completed all funding obligations into the PCMTF under the TraPac MOU, which expired in 2013.  The proposed $232,491 transfer will be made from funds which the Harbor Department previously deposited into the PCMTF.
 
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 CY2021 Operating Budget of a not-to-exceed amount of $291,471, with the condition that the Harbor Community Benefit Foundation provides the Board of Harbor Commissioners prior notice of any reallocation within the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (3) approve the Harbor Community Benefit Foundation’s retention of the $28,495 surplus from the CY 2020 Operating Budget for the purpose of funding the current request for application in its CY 2021 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 $232,491 from JP Morgan Private Bank to the Harbor Community Benefit Foundation subject to the same notice of reallocation condition set forth in Recommendation 2; and (5) adopt Resolution No.____________.

Summary: Staff requests the Board of Harbor Commissioners (Board) to receive and file the Harbor Community Benefit Foundation (HCBF) reports of the Air Quality Mitigation Fund (AQMF) Calendar Year (CY) 2020 Review and Calendar Year 2021Budget. In accordance with the China Shipping Amended Stipulated Judgment MOU, the HCBF is required to submit a yearly budget report on the AQMF to the Harbor Department Executive Director.  This receive and file report is being presented to the Board of Harbor Commissioners as information.  Total AQMF CY 2021 budget is $83,156 and includes a transfer of $30,485 to the HCBF Port Community Mitigation Trust Fund (PCMTF). With this transfer of $30,485, HCBF has sufficient funds to cover its CY 2021 budget and is not requesting funding from the Harbor Department (see reference of this AQMF transfer in the Board Report on the CY 2021 HCBF budget on the Board’s December 3, 2020 agenda.)
 
Recommendation: Board resolve to (1) receive and file the Reports of the Harbor Community Benefit Foundation’s Air Quality Mitigation Fund CY 2020 Review and CY 2021 Budget; and (2) adopt Resolution No.____________.

Summary: Staff requests approval to enter into an Agreement with International Business Machines Corporation (IBM) for the Cyber Resilience Center (CRC) project.  The CRC will be a first-of-its-kind solution that will reduce the risk of a port-wide cyber incident that could disrupt the flow of cargo at the Port of Los Angeles by serving as an early warning system for its ecosystem with improved quality, quantity and speed of cyber information sharing.  By sharing relevant Port of Los Angeles cyber information across the ecosystem, the CRC will result in greater collective knowledge and stronger Port community cyber resiliency. The proposed Agreement is for hardware, software and services to design, install, operate, maintain and support the CRC.  The total not-to-exceed compensation amount is $6,800,000 and the term is three years.  The recommendation to select IBM is based on the competitive Request for Proposals (RFP) process performed by the City of Los Angeles Harbor Department (Harbor Department).  IBM is headquartered in New York, with offices throughout Southern California. Expenditures incurred under the proposed Agreement are 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 administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the standard provisions of the Harbor Department personal services agreement for Section 3(B)(2): Effective Date and Term of Agreement, Section 9: Indemnification, Section 11: Termination Provision, Section 18: Trademarks, Copyrights, and Patents, Section 19: Proprietary Information, Section 20: Limitations of Liability, and Section 21: Excusable Delays; (4) approve the Agreement with International Business Machines Corporation for a not-to-exceed compensation amount of $6,800,000 and a term of three years; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (6) adopt Resolution No.____________.

Summary: Staff requests approval of (i) an assignment of Permit No. 930 and Revocable Permit No. 12-11 with The Jankovich Company (Jankovich) to TJC CA, LLC. (TJC) and (ii) guaranty furnished by NorthStar Energy, LLC (NorthStar).  TJC is a Washington Limited Liability Company wholly owned by NorthStar, which is 100 percent owned by Saltchuk, a privately-owned family of diversified transportation and distribution companies headquartered in Seattle, WA. Permit No. 930 granting Jankovich a 20-year permit term is effective November 6, 2017. Revocable Permit No. 12-11 is effective July 9, 2013.  These permits entitles Jankovich the right to use City of Los Angeles Harbor Department (Harbor Department) land, subsurface, and water areas at Berths 73A & B  and Berth 74 in San Pedro for operating and maintaining a retail marine fueling service station that sells fuel and lubricants, including the operation of a small commercial watercraft mooring facility and purposes incidental thereto; for the use of an office building and storage; for truck access and storage; and for docking of barges and for purposes incidental thereto.
Jankovich relocated from Berth 74 under RP 12-11 to Berth 73A & B as requested by the Harbor Department to accommodate the redevelopment of Ports O’Call.  Berth 74 is in remediation phase, which is schedule to be completed by end of November 2020.
 
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 Assignment and Assumption of Permit No. 930 and Revocable Permit 12-11 and Consent Thereto from The Jankovich Company to TJC, LLC; (3) approve the Order consenting to assignment of Permit No. 930 and Revocable Permit 12-11 from The Jankovich Company to TJC, LLC; (4) approve the parent guaranty provided by NorthStar Energy, LLC for both Permit No. 930 and Revocable Permit 12-11; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Assignment and Assumption and Consent Thereto of Permit No. 930 and Revocable Permit 12-11; (6) authorize the Executive Director to execute and the Board Secretary to attest to the Order consenting to assignment of Permit No. 930 and Revocable Permit 12-11; (7) authorize the Executive Director to execute and the Board Secretary to attest to the parent guaranties provided by NorthStar Energy, LLC; and (8) adopt Resolution No. ____________ and Order No. ____________.