Harbor Commission

BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

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 OPEN SESSION ITEM. COMMENTS ON NON-AGENDIZED OR CLOSED SESSION ITEMS MAY BE ADDRESSED DURING SECTION G OF THE AGENDA (COMMENTS FROM THE PUBLIC ON NON-AGENDIZED OR CLOSED SESSION ITEMS).

AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL'S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK 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.

B. CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O'Call site:

Property: Berths 74-83, San Pedro, California

City Negotiator: Michael Galvin

Tenant Negotiators: Eric Johnson, Brian Saenger

Negotiating Parties: City and LA Waterfront Alliance

Under Negotiation: Price and Terms

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Revocable Permit 12-11 with The Jankovich Company:

Property: Berth 74, San Pedro, California

City Negotiator: Ed Robles

Tenant Negotiator: Tom Jankovich

Negotiating Parties: City and The Jankovich Company

Under Negotiation: Price and Terms

3. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)

Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: one case.

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9

Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: Eagle Marine Services, Ltd.
Agency claimed against: City of Los Angeles

C. REPORTS OF THE COMMISSIONERS

D. BOARD COMMITTEE REPORTS

Audit Committee Meeting of December 17, 2015

E. APPROVAL OF THE MINUTES

Regular/Special Meeting of December 17, 2015

F. PRESENTATION

Rancho LPG - Port Police Chief Thomas Gazsi

G. COMMENTS FROM THE PUBLIC ON NON-AGENDIZED OR CLOSED SESSION ITEMS

H. LEVEL I COASTAL DEVELOPMENT PERMIT REPORT
Transmittal 1
Transmittal 2

The Executive Director has approved one Level I CDP:

CDP No. 16-02 Ports O' Call Restaurant Corporation - Demolition of a two-story building

I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

Consent Item No. 1

Cargo and Industrial Real Estate

1. Re: RESOLUTION NO. ____________ - PROPOSED THIRD AMENDMENT TO PERMIT NO. 893 WITH PACIFIC MARITIME ASSOCIATION AT THE PORT OF LOS ANGELES

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff recommends to the Board of Harbor Commissioners approval of the Third Amendment to Permit No. 893 (Permit) with Pacific Maritime Association (PMA). The Permit was granted to PMA effective May 31, 2011, for the construction and operation of a new International Longshoreman Warehouse Union (ILWU) dispatch hall, the construction of which was completed on October 30, 2014. The Permit requires the title of the old ILWU dispatch hall to be conveyed to the Harbor Department within 15 months after the construction completion date or January 29, 2016, whichever is sooner. Due to the ILWU/PMA's need for additional surplus parking beyond the newly constructed dispatch hall's capacity, PMA is requesting an extension of no more than one year to convey the title of the old dispatch hall to the Harbor Department.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental 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. 893 with Pacific Maritime Association in substantial form; (3) direct the Board Secretary to transmit the Amendment to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Amendment to the Third Amendment of Permit No. 893; and (5) adopt Resolution No.___________.

Regular Items (2 & 3)

Cargo and Industrial Real Estate

2. Re: RESOLUTION NO. ____________ - PROPOSED SECOND AMENDMENT TO SETTLEMENT AGREEMENT NO. 11-2997 WITH SA RECYCLING, LLC

Transmittal 1

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff requests approval of the Board of Harbor Commissioners (Board) to approve the proposed Second Amendment to Settlment Agreement No. 11-2997 with SA Recycling (SAR). The proposed Second Amendment to the Settlement Agreement seeks to modify this method and structure to incentivize and promote more business through the Port of Los Angeles (Port). SAR, the successor in interest to original tenant Hugo Neu-Proler Company, is a Harbor Department tenant under Permit No. 750. SAR is a full-service ferrous and non-ferrous scrap metal recycler and processor located at Berths 210-211, Terminal Island. In July 2011, a Settlement Agreement under Permit No. 750 was adopted by the Board of Harbor Commissioners and later amended and approved in December 2012 that provided for a method and structure for calculating wharfage for containerized scrap metal.
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 Second Amendment to Settlement Agreement No. 11-2997 with SA Recycling; (3) direct the Board Secretary to transmit the Second Amendment to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Settlement Agreement No. 11-2997 under Permit No. 750; and (5) adopt Resolution No.____________.

Waterfront and Commercial Real Estate

3. Re: RESOLUTION NO. ____________ - PROPOSED REVOCABLE PERMIT 15-19 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SPACE EXPLORATION TECHNOLOGIES CORP. DBA SPACEX

Transmittal 1
Transmittal 2

SUMMARY: The proposed action will grant a Revocable Permit (RP) to Space Exploration Technologies Corp. (SpaceX) for use of City of Los Angeles Harbor Department (Harbor Department) property with modified terms for the insurance and the addition of a non-disclosure provision. The premises consist of 35,000 square feet (s.f.) of land and 77,000 s.f. of water located at Berths 51/52 along Miner Street in San Pedro. The proposed RP will succeed SpaceX's current entitlement, Temporary Entry and Use Permit No. 1529 (TEUP 1529) which grants the right to berth the Marmac landing barge and auxiliary vessels; construct landside improvements including the installation of rocket support pedestals on a concrete pad; installation of temporary perimeter fencing, office trailer, guard shack and portable restrooms. The proposed RP will expand the use to include the rocket recovery operations which will include offloading and removal of unexpended fuel and hazardous materials prior to transport. The RP is being presented to the Board of Harbor Commissioners (Board) due to changes in the standard provisions. Approval of the proposed revocable permit will allow SpaceX to self-insure for commercial general, host liquor, automobile, and fire legal liability, as well as the replacement value of any improvements owned or constructed by SpaceX. SpaceX may seek the right to self-insure workers compensation insurance as allowed through the Director of Industrial Relations, State of California. SpaceX will procure and maintain insurance coverage through an insurance carrier for ocean marine and pollution liability. Approval of the proposed revocable permit will also allow SpaceX to use substitute premises should there be a need to relocate SpaceX to accommodate vessels for Berths 53 to 55.
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 3(7) of the Los Angeles City CEQA Guidelines; (2) approve the proposed Revocable Permit NO. 15-19 with Space Exploration Technologies Corp; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Revocable Permit; and (4) adopt Resolution No.____________.

J. EXECUTIVE DIRECTOR REMARKS