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 Board of Harbor Commissioners President Jaime L. Lee 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 request to distribute documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official meeting record. Requests to distribute literature to the general public attendees of the meeting shall be placed on a literature table outside the Boardroom during and until 30 minutes after the Board meeting. Page 1 of 15

2 ORDER OF BUSINESS Convene in Memory of Steve Banas OPEN SESSION A. Roll Call B. Executive Director Remarks C. Comments from the Public on Non-Agenda Items D. Report from the Neighborhood Council Representatives An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department. E. Reports of the Commissioners F. Board Committee Reports G. Approval of the Minutes Regular Meeting of November 1, 2018 H. Presentation I. Level I Coastal Development Permit Page 2 of 15

3 J. Board Reports of the Executive Director Consent Items (1 4) Cargo Marketing 1. RESOLUTION NO. - APPROVAL OF FOREIGN-TRADE ZONE SUBZONE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CHEVRON U.S.A. INC. FTZ 202, SITE B Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Chevron U.S.A. Inc. (Chevron) to continue operating its refinery and storages within FTZ 202, Site B. Site B consists of refining, storage facilities and office space located in the city of El Segundo, California. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ operators to oversee their FTZ operations. Currently, the Harbor Department and Chevron have an FTZ Operating Agreement No which will expire on December 31, Chevron wishes to continue operating its refinery as an FTZ thus, the Harbor Department needs to execute a new Operating Agreement (Agreement) as required by the FTZ Board. FTZ 202 Site B consists of a refinery and office space on 951 acres in El Segundo, California. Chevron will be operating its facilities under FTZ procedures. This proposed Agreement will not require funding by the Harbor Department. The proposed Agreement is for a term of five years with three, five-year renewal options commencing on January 1, 2019 to December 31, If the proposed Agreement is approved, the Harbor Department will receive $10,000 annually from Chevron (per FTZ Tariff No. 2). 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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Chevron U.S.A. Inc; (3) direct the Board Secretary to transmit the proposed Foreign- Trade Zone Operating Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.. Page 3 of 15

4 Environmental Management 2. RESOLUTION NO. - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LANGDON BIOLOGICAL CONSULTING, LLC MONITORING SERVICES OF THE CALIFORNIA LEAST TERN NESTING SITE Summary: Staff recommends approval of a proposed Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Langdon Biological Consulting, LLC (LBC), San Pedro, California, to provide continuation of monitoring services of the endangered California least tern (CLT) nesting site on Pier 400. The endangered CLT bird species resides on Pier 400, adjacent to the Port of Los Angeles (Port) largest container terminal. The Harbor Department maintains, monitors, and protects 15 acres on Pier 400 for the nesting of these endangered birds. Approval of the proposed Agreement with LBC will authorize a three-year contract term for an amount not-toexceed $364,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement. the requirement of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with Langdon Biological Services, LLC, a Small Business Enterprise, for a term of three years for a not-to-exceed amount of $364,000; (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 4 of 15

5 Waterfront & Commercial Real Estate 3. RESOLUTION NO. - ORDER RESETTING COMPENSATION UNDER PERMIT NO. 724 WITH THE LOS ANGELES YACHT CLUB Summary: Staff requests approval of the Order resetting compensation for Permit No. 724 with the Los Angeles Yacht Club (LAYC) for the five-year period from March 4, 2018 through March 3, The Order resets compensation in the amount of $3, per month, or $37, per year, beginning March 4, 2018, and will adjust annually thereafter based on the Consumer Price Index. LAYC is financially responsible for all rental payments under Permit No the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f); (2) approve the Order resetting compensation for the period of March 4, 2018 through March 3, 2023 under Permit No. 724; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 724; and (4) adopt Resolution No. and Order No.. Page 5 of 15

6 Government Affairs 4. RESOLUTION NO. - APPROVAL OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOLLAND & KNIGHT, LLP FOR CYBERSECURITY ADVOCACY REPRESENTATION Summary: Staff requests approval of the Agreement between the City of Los Angeles Harbor Department ( Harbor Department ) and Holland & Knight, LLP for cybersecurity advocacy representation for the Harbor Department. The proposed Agreement is for a one-year term, with two one-year options, and a not-to-exceed amount of $120,000 per year, plus travel expenses not-to-exceed $33,000 per year, for a total contract amount of $459,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement. 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, 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 employees; (3) approve the proposed Agreement between the City of Los Angeles Harbor Department and Holland & Knight, LLP for a oneyear term, with two one-year options, with a not-to-exceed amount of $153,000 per year, for a total contract amount of $459,000; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Agreement; and (5) adopt Resolution No.. Page 6 of 15

7 Regular Items (5 11) Environmental Management 5. RESOLUTION NO. - APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT, THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THE PORT OF LONG BEACH FOR THE FUNDING OF THE EARLY ADOPTER TRUCK INCENTIVE PROGRAM Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department), the South Coast Air Quality Management District (SCAQMD), and the Port of Long Beach (POLB). The MOU is an agreement between the three parties to each provide $2,000,000 toward assisting truck operators in the purchase of new low-nitrogen oxide (NOx) natural gas drayage trucks. These funds will be combined with $8,000,000 in grant funding awarded to the SCAQMD by the California Energy Commission (CEC). In total, $14,000,000 will be made available to truck operators at the ports of Los Angeles and Long Beach (Ports) and throughout the South Coast Air Basin to purchase up to 140 trucks. The administration of the funding will be managed by SCAQMD. The Ports have recently updated their Clean Truck Programs (CTP) to reduce heavy-duty drayage truck-related air pollution in the region by turning over the existing drayage trucking fleet to the newest and cleanest trucks. As part of an Early Adopter Incentive Program (Program), this MOU is an initial effort to provide funding toward the purchase of lower emission drayage trucks in Port service. The Harbor Department is financially responsible for $2,000,000 under this Board action. 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) of the Los Angeles City CEQA Guidelines; (2) approve a Memorandum of Understanding between the City of Los Angeles Harbor Department, the South Coast Air Quality Management District, and the Port of Long Beach that sets forth the terms and conditions of the parties funding and administrative obligations; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement with the South Coast Air Quality Management District and the Port of Long Beach for and on behalf of the Board; and (4) adopt Resolution No.. Page 7 of 15

8 Environmental Management 6. RESOLUTION NO. - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE BERTHS MATSON BUILDINGS DEMOLITION PROJECT AT 1050 NEW DOCK STREET (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO ; STATE CLEARINGHOUSE NO ) Summary: Staff requests that the Board of Harbor Commissioners (Board) adopt the Final Initial Study/Negative Declaration (IS/ND) for the proposed Berths Matson Buildings Demolition Project (Project) at 1050 New Dock Street along with comments and responses to comments, and approve the proposed Project as described in the Final IS/ND. The proposed Project involves demolishing four obsolete, existing structures and paving a parking lot. The structures are: the gate office building, the in-bound and outbound canopies, and the former pre-check building. These structures may pose a safety hazard to future tenants. Costs associated with the proposed Project, including those associated with the Final IS/ND is the responsibility of the City of Los Angeles Harbor Department (Harbor Department). Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the proposed Berths Matson Buildings Demolition Project at 1050 New Dock Street, (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including (a) the information contained in this report and (b) the Final Initial Study/Negative Declaration for the Berths Matson Buildings Demolition Project at 1050 New Dock Street, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section and State California Environmental Quality Guidelines Section 15070; (3) find that all information added to the Final Initial Study/Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and that recirculation is not necessary; (4) adopt the Final Initial Study/Negative Declaration for the Berths Matson Buildings Demolition Project at 1050 New Dock Street; (5) approve the Berths Matson Buildings Demolition Project at 1050 New Dock Street in consideration of the Final Initial Study/Negative Declaration, together with the comment letters received and the responses to comments; (6) authorize the City of Los Angeles Harbor Department to file the Notice of Determination for the Berths Matson Buildings Demolition Project at 1050 New Dock Street with the Los Angeles City and County Clerks; (7) approve the Berths Matson Buildings Demolition Project; and (8) adopt Resolution No.. Page 8 of 15

9 Engineering 7. RESOLUTION NO. - APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MARK THOMAS & COMPANY, INC. TO PREPARE CALTRANS PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE STATE ROUTE 47(SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT Summary: Staff requests approval of a personal services agreement (Agreement) with Mark Thomas & Company, Inc. of Irvine, California, to prepare the State of California Department of Transportation (Caltrans) Plans, Specifications, and Estimates (PS&E) 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 $2,999,986. This Agreement will be the financial responsibility of the Harbor Department. the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve a personal services agreement with Mark Thomas & Company, Inc. to prepare the State of California Department of Transportation Plans, Specifications, and Estimates for the State Route 47 (SR-47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project with a not-to-exceed amount of $2,999,986 and a term of three years; (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 15

10 Engineering 8. RESOLUTION NO. - AMENDMENT NO. 1 TO MEASURE R FUNDING AGREEMENT NO MR BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE STATE ROUTE 47 (SR-47)/VINCENT THOMAS BRIDGE AND FRONT STREET/HARBOR BOULEVARD INTERCHANGE RECONFIGURATION PROJECT Summary: Staff requests the Board of Harbor Commissioners (Board) approve Amendment No. 1 (Amendment) to the Measure R Funding Agreement No MR (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles County Metropolitan Transportation Authority (LACMTA). Amendment No. 1 awards the Harbor Department an additional $3,030,000 to develop the Plans, Specifications, and Estimates (PS&E) of the State Route 47(SR- 47)/Vincent Thomas Bridge and Front Street/Harbor Boulevard Interchange Reconfiguration Project (Project). 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 Amendment No. 1 to the Los Angeles County Metropolitan Transportation Authority (LACMTA) Measure R Funding Agreement No MR between the Harbor Department and LACMTA which awards an additional $3,030,000 to the Harbor Department (Transmittal 1); (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement on behalf of the Board; (4) authorize the Board Secretary to mail three originals of the Agreement to Los Angeles County Metropolitan Transportation Authority, One Gateway Plaza, MS , Los Angeles, CA upon execution of the LACMTA Measure R Funding Agreement by the Executive Director; and (5) adopt Resolution No.. Page 10 of 15

11 Information Technology 9. RESOLUTION NO. - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER A Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No A (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No A remain unchanged. Agreement No A, which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No A is for the hardware, software and services for the Portal project. The proposed Consent to Assignment and Assumption of Agreement No A will not result in financial expenditures by the Harbor Department. 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 Consent to Assignment and Assumption of Agreement No A with General Electric Company and General Electric Transportation Parts, LLC; (3) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (4) adopt Resolution No.. Page 11 of 15

12 Executive Office 10. RESOLUTION NO. - AGREEMENT BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, GENERAL ELECTRIC COMPANY AND GENERAL ELECTRIC TRANSPORTATION PARTS, LLC FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT NUMBER Summary: Staff is requesting approval to enter into an Agreement with General Electric Company (GE) and General Electric Transportation Parts, LLC (GETP) for the Assignment and Assumption of Agreement No (Agreement). The proposed Agreement is due to an internal reorganization within GE as part of its combining of its GE Transportation (GET) business operations with Westinghouse Air Brake Technologies Corporation (Wabtec). All other terms and conditions of Agreement No remain unchanged. Agreement No , which the Board of Harbor Commissioners (Board) approved at its August 17, 2017 meeting and the Los Angeles City Council approved at its September 26, 2017 meeting, is for the agreement between the City of Los Angeles Harbor Department (Harbor Department) and GE, through its GE Transportation operating division (GET), for the Data Portal (Portal) project. The Portal is a first-of-its-kind, common user portal to provide a single information window to support enhanced maritime supply chain performance that was jointly developed with GE. Agreement No is for the revenue allocation and marketing outreach to commercialize the Portal. The proposed Consent to Assignment and Assumption of Agreement No will not result in financial expenditures by the Harbor Department. 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 Consent to Assignment and Assumption of Agreement No with General Electric Company and General Electric Transportation Parts, LLC; (3) direct the Board Secretary to transmit said 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 the said Agreement for and on behalf of the Board; and (5) adopt Resolution No.. Page 12 of 15

13 Cargo & Industrial Real Estate 11. RESOLUTION NO. - APPROVE THIRD AMENDMENT TO PERMIT NO. 881 WITH TRAPAC, INC. Summary: Staff requests approval of the Third Amendment to Permit No. 881 between the City of Los Angeles Harbor Department (Harbor Department) and TraPac, Inc. (TraPac). The proposed action will: A) Correctly summarize Permit No. 881 s As-Built premises following the terminal modernization project completed by the Harbor Department in August 2017; B) Replace premises Exhibits A and B to Permit No. 881 with updated exhibits that reduce premises boundaries near Harry Bridges Blvd. and summarize completed project improvements; C) Provide the Harbor Department the right to take back the underutilized eastern parking lot, D) Grant ownership of LED lighting mounted to the underside of the fly-over bridge that crosses over a portion of the premises to the Harbor Department, and E) Incorporate a water conservation mitigation measure by updating and replacing Exhibit K-2 of the Permit. Staff also requests approval of Errata for the Berths [TraPac] Container Terminal Project Mitigation Monitoring and Reporting Program, which is necessary to clarify the updates to Exhibit K-2. the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Third Amendment to Permit No. 881 with TraPac, Inc.; (3) approve the Errata for the Berths [TraPac] Container Terminal Project Mitigation Monitoring and Reporting Program; (4) direct the Board Secretary to transmit the Third Amendment to Permit No. 881 to the City Council pursuant to City Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment to Permit No. 881 upon approval by City Council; and (6) adopt Resolution No.. Page 13 of 15

14 K. Closed Session Items 1. 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 consolidated with Case Nos. CIVMSN , CIVMSN , CIVMSN , CIVMSN , CIVMSN , and CIVMSN CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section Pasha Stevedoring & Terminals v. City of Los Angeles, Los Angeles Superior Court Case No. BC CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section Travelers Property Casualty Company and Navigators Insurance Company v. City of Los Angeles, U.S. District Court Case No. 15-CV GW (PJWx) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to a proposed permit with Shell Oil Company: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Berths , Wilmington, California Michael Galvin Tuan Diep City and Shell Oil Company Price and Terms Page 14 of 15

15 K. (Continued) 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to a proposed permit with So Cal Ship Services: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: Berth 240X, Terminal Island, California Jack Hedge Mark Wrobel City and So Cal Ship Services Price and Terms 6. 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) 7. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section ) Significant exposure to litigation pursuant to subdivision (b) of Section : (three cases) L. Adjournment Page 15 of 15