September 3, 2019
NOTICE
OCTOBER 2019 BOARD OF HARBOR COMMISSIONERS MEETINGS
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS OCTOBER 2019 MEETINGS
In addition to their Regular Meeting on Thursday, October 3, 2019, the Los Angeles Board of Harbor Commissioners are also scheduled to meet for a Special Meeting on Tuesday, October 8, 2019 at 9:00 a.m. at the following location:
Port of Los Angeles Administration Building
Board Hearing Room, Second Floor
NOTICE
OCTOBER 2019 BOARD OF HARBOR COMMISSIONERS MEETINGS
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS OCTOBER 2019 MEETINGS
In addition to their Regular Meeting on Thursday, October 3, 2019, the Los Angeles Board of Harbor Commissioners are also scheduled to meet for a Special Meeting on Tuesday, October 8, 2019 at 9:00 a.m. at the following location:
Port of Los Angeles Administration Building
Board Hearing Room, Second Floor
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
TUESDAY, OCTOBER 8, 2019 AT 9:00 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
Convene in Memory of Connie Ann Rivera
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
- Alameda Corridor Transportation Authority Governing Board Meeting of September 12, 2019
- Alameda Corridor Transportation Authority Ad-Hoc Committee Meeting of September 12, 2019
G. Approval of the Minutes
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Regular Items (1 - 3)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of an Exclusive Negotiating Agreement (ENA) between the City of Los Angeles Harbor Department (Harbor Department) and Bellwether Financial Group (Bellwether) to negotiate potential development of a boat and ship maintenance and repair facility (Boatyard) at Berth 44 (Site). The Harbor Department negotiated the ENA with Bellwether in response to a Request for Proposals for the Berth 44 Boatyard Development Opportunity (RFP). The ENA is for a period of 12 months with options to extend up to three years, at the Executive Director’s discretion, to allow the Harbor Department and Bellwether to perform due diligence, refine the development concept, prepare financial and market analysis, perform initial remediation and prepare environmental assessments, and negotiate more detailed terms ultimately intended to culminate in a ground lease which will be subject to further approval of the Board of Harbor Commissioners and Los Angeles City Council. While the ENA is in effect, the Harbor Department will not negotiate with any other party for development of the Site.
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 Exclusive Negotiating Agreement with Bellwether Financial Group; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Exclusive Negotiating Agreement; and (4) adopt Resolution No._____________.
Environmental
Transmittal 1
Comment Letters
1. Natural Resources Defense Council
2. South Coast Air Quality Management District
3. Nick Castaneda
4. John Marinkovich
5. California State Lands Commission
6. COSCO Shipping (North America)
7. Los Angeles Bureau of Sanitation
Summary: Staff requests that the Board of Harbor Commissioners (Board) certify the Final Supplemental Environmental Impact Report (SEIR) for the Berths 97-109 China Shipping Container Terminal Project prepared in accordance with the California Environmental Quality Act (CEQA), and approve the Revised Project as identified in the SEIR, which modifies 10 mitigation measures (MM) and one lease measure (LM) that were previously identified in the joint Environmental Impact Statement/Environmental Impact Report for the China Shipping Container Terminal Project that was approved by the Board in 2008 (2008 EIS/EIR). The Revised Project also includes operational changes associated with the terminal’s cargo throughput projections that have since been revised in light of new information. In this action, the Board will need to independently review and consider the Final SEIR and, if deemed adequate under CEQA, certify the Final SEIR, adopt specific Findings of Fact (FOF) and a Statement of Overriding Considerations (SOC) regarding the significant environmental impacts of the Revised Project and MMs to reduce or avoid such impacts, and adopt a Supplemental Mitigation Monitoring and Reporting Program (MMRP). Two traffic mitigation measures are the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department). Staff proposes that the other MMs and LMs be the financial responsibility of the tenant as outlined in the Supplemental MMRP.
Recommendation: Board resolve to (1) certify that the Final Supplemental Environmental Impact Report (SEIR) for the Berths 97-109 China Shipping Container Terminal Project (a) has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), with the CEQA Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles CEQA Guidelines; (b) was presented to the Board for review and the Board considered the information contained in the Final SEIR prior to approving the Revised Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed;
(2) adopt the Findings of Fact and Statement of Overriding Considerations; (3) find that, in accordance with the information contained in the Final Supplemental Environmental Impact Report, the Revised Project will have significant environmental effects on air quality and meteorology, greenhouse gas emissions and climate change, and ground transportation as defined by Public Resources Code Sections 21068 and 21082.2, and the State California Environmental Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Revised Project, which substantially lessens or avoids one or more of the significant adverse environmental impacts identified in the Final Supplemental Environmental Impact Report; (5) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, make infeasible certain mitigation measures such that some environmental impacts remain significant and unavoidable; (6) find that, all information added to the Final Supplemental Environmental Impact Report after public notice of the availability of the Recirculated Draft Supplemental Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (7) find that, all information added to the Final Supplemental Environmental Impact Report after public notice of the availability of the Recirculated Draft Supplemental Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (8) adopt the Supplemental Mitigation Monitoring and Reporting Program (MMRP) as required by Public Resources Code, Section 21081.6. The Supplemental MMRP is designed to ensure compliance with the mitigation measures and lease measures adopted to avoid or lessen significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department, as lead agency, to monitor and verify project compliance with those mitigation measures and lease measures; (9) approve the Revised Project identified in the Final Supplemental Environmental Impact Report including all feasible mitigation measures and lease measures with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the Cargo and Industrial Real Estate Division to incorporate by reference the Final Supplemental Environmental Impact Report, mitigation measures, lease measures, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Revised Project; (11) authorize the Environmental Management Division to file the Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; and (12) adopt Resolution No.____________.
Recommendation: Board resolve to (1) certify that the Final Supplemental Environmental Impact Report (SEIR) for the Berths 97-109 China Shipping Container Terminal Project (a) has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), with the CEQA Guidelines (14 Cal. Code Regs. §15000 et. seq.), and the City of Los Angeles CEQA Guidelines; (b) was presented to the Board for review and the Board considered the information contained in the Final SEIR prior to approving the Revised Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed;
(2) adopt the Findings of Fact and Statement of Overriding Considerations; (3) find that, in accordance with the information contained in the Final Supplemental Environmental Impact Report, the Revised Project will have significant environmental effects on air quality and meteorology, greenhouse gas emissions and climate change, and ground transportation as defined by Public Resources Code Sections 21068 and 21082.2, and the State California Environmental Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (4) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Revised Project, which substantially lessens or avoids one or more of the significant adverse environmental impacts identified in the Final Supplemental Environmental Impact Report; (5) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, make infeasible certain mitigation measures such that some environmental impacts remain significant and unavoidable; (6) find that, all information added to the Final Supplemental Environmental Impact Report after public notice of the availability of the Recirculated Draft Supplemental Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (7) find that, all information added to the Final Supplemental Environmental Impact Report after public notice of the availability of the Recirculated Draft Supplemental Environmental Impact Report for public review but before certification, merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (8) adopt the Supplemental Mitigation Monitoring and Reporting Program (MMRP) as required by Public Resources Code, Section 21081.6. The Supplemental MMRP is designed to ensure compliance with the mitigation measures and lease measures adopted to avoid or lessen significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department, as lead agency, to monitor and verify project compliance with those mitigation measures and lease measures; (9) approve the Revised Project identified in the Final Supplemental Environmental Impact Report including all feasible mitigation measures and lease measures with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (10) direct the Cargo and Industrial Real Estate Division to incorporate by reference the Final Supplemental Environmental Impact Report, mitigation measures, lease measures, and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Revised Project; (11) authorize the Environmental Management Division to file the Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; and (12) adopt Resolution No.____________.
Information Technology
Transmittal 1
Summary: Staff requests approval of the Second Amendment to Amended and Restated Agreement No. 17-3425-A (Second Amendment) with General Electric Transportation Parts, LLC (GETP) for the Port Optimizer project. The proposed Second Amendment is to reallocate funding from previously approved items to new items that are needed for the Port Optimizer, a first-of-its-kind common user portal that provides a single information window to support enhanced maritime supply chain performance. The total not-to-exceed compensation amount and term are unchanged. The proposed Second Amendment also requests that authority to approve future change requests, which do not increase the total not-to-exceed compensation amount or the term of the Agreement, to be delegated to the Executive Director. Expenditures incurred under Agreement No. 17-3425-A are the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).
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 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) approve the Second Amendment to Amended and Restated Agreement No. 17-3425-A to reallocate funding for new deliverables and delegate authority to the Executive Director for certain future amendments; (4) 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; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board upon approval by City Council; and (6) adopt Resolution No.____________.
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 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) approve the Second Amendment to Amended and Restated Agreement No. 17-3425-A to reallocate funding for new deliverables and delegate authority to the Executive Director for certain future amendments; (4) 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; (5) authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board upon approval by City Council; and (6) adopt Resolution No.____________.
K. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
(one case)
2. 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)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with LA Sky Harbor, LLC:
Property: 2800 Via Cabrillo Marina, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Frank Yuan
Negotiating Parties: City and LA Sky Harbor, LLC
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 881 with TraPac, LLC:
Property: Berths 136-147, Wilmington
City Negotiator: Michael DiBernardo
Tenant Negotiator: Stephen Edwards
Negotiating Parties: City and TraPac, LLC
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 905 with Fisherman’s Pride Processors dba Neptune Foods:
Property: 338 Cannery Street, San Pedro, CA 90731
888 S. Ways Street, San Pedro, CA 90731
City Negotiator: Michael DiBernardo
Tenant Negotiator: Howard Choi, President
Negotiating Parties: City and Fisherman’s Pride Processors, Inc.
dba Neptune Foods
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 915 with San Pedro Public Market, LLC:
Property: Berths 74-83, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market, LLC
Under Negotiation: Price and Terms
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 884 with San Pedro Fish Market:
Property: 1190 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Agreement 16-3375 with San Pedro Fish and Oyster Corp. dba Crusty Crab:
Property: 1146 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish and Oyster Corp. dba Crusty Crab
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 581 with Nizich & Rosini dba Café International:
Property: 1195 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Nino Rosini
Negotiating Parties: City and Nizich & Rosini dba Café International
Under Negotiation: Price and Terms
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 15-04 with LA Waterfront Harbor Cruises:
Property: 1150 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Dan Salas
Negotiating Parties: City and LA Waterfront Harbor Cruises
Under Negotiation: Price and Terms
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
(one case)
2. 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)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with LA Sky Harbor, LLC:
Property: 2800 Via Cabrillo Marina, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Frank Yuan
Negotiating Parties: City and LA Sky Harbor, LLC
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 881 with TraPac, LLC:
Property: Berths 136-147, Wilmington
City Negotiator: Michael DiBernardo
Tenant Negotiator: Stephen Edwards
Negotiating Parties: City and TraPac, LLC
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 905 with Fisherman’s Pride Processors dba Neptune Foods:
Property: 338 Cannery Street, San Pedro, CA 90731
888 S. Ways Street, San Pedro, CA 90731
City Negotiator: Michael DiBernardo
Tenant Negotiator: Howard Choi, President
Negotiating Parties: City and Fisherman’s Pride Processors, Inc.
dba Neptune Foods
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 915 with San Pedro Public Market, LLC:
Property: Berths 74-83, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market, LLC
Under Negotiation: Price and Terms
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 884 with San Pedro Fish Market:
Property: 1190 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Agreement 16-3375 with San Pedro Fish and Oyster Corp. dba Crusty Crab:
Property: 1146 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish and Oyster Corp. dba Crusty Crab
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 581 with Nizich & Rosini dba Café International:
Property: 1195 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Nino Rosini
Negotiating Parties: City and Nizich & Rosini dba Café International
Under Negotiation: Price and Terms
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 15-04 with LA Waterfront Harbor Cruises:
Property: 1150 Nagoya Way, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Dan Salas
Negotiating Parties: City and LA Waterfront Harbor Cruises
Under Negotiation: Price and Terms
L. Adjournment