SPECIAL NOTICE
BOARD OF HARBOR COMMISSIONERS MEETING
The Board is now scheduled to meet for a Special Board Meeting on Tuesday, November 5. 2019 at 4:30pm (Closed Session) and 6:00pm (Open Session) at the following location:
Port of Los Angeles Administration Building Board Hearing Room, Second Floor 425 S. Palos Verdes Street San Pedro, CA 90731
Please check www.portoflosangeles.org for details.
AMBER M. KLESGES Commission Secretary
Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
SPECIAL MEETING AGENDA
TUESDAY, NOVEMBER 5, 2019 AT 4:30 P.M.
OPEN SESSION WILL BEGIN NO SOONER THAN 6:00 P.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
ORDER OF BUSINESS
A. Roll Call
CLOSED SESSION
B. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. Tetra Design, Inc., et al.,
Los Angeles Superior Court Case No. NC061384
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
City of Los Angeles v. Wilmington Marine Service, Inc., Los Angeles Superior Court Case No. BC559959
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. BS070017
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping Holding Company, Ltd.:
Property: Berths 100-103, San Pedro
City Negotiator: Michael DiBernardo
Tenant Negotiator: Paul Nazzaro
Negotiating Parties: City and China Shipping Holding Company, Ltd.
Under Negotiation: Price and Terms
5. 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)
6. 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)
7. 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
8. 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
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 930 with The Jankovich Company:
Property: Berth 74, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Tom Jankovich
Negotiating Parties: City and The Jankovich Company
Under Negotiation: Price and Terms
OPEN SESSION
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. 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.
F. Reports of the Commissioners
G. Board Committee Reports
H. Approval of the Minutes
I. Presentation
J. Level I Coastal Development Permit
K. Board Reports of the Executive Director
Consent Items (1 – 6)
Port Police
1. RESOLUTION NO. ____________ - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE HOMELAND SECURITY ADVISORY COUNCIL FOR USE OF THE SALUS CRISIS AND EVENT MANAGEMENT PLATFORM
Transmittal 1
Summary: Staff requests approval of a Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department) and the Homeland Security Advisory Council (HSAC). This agreement will allow the Port Police to access the SALUS web based geographic information system (GIS) information platform software free of charge over a 3-year term. The platform will provide an information management and situational awareness tool for use during incident responses. It will enhance emergency response and resiliency by providing capabilities including rapid development of incident maps, identification of available resources, hazard awareness, information on impacted populations, and crowd-source trends from social media. It will also provide an efficient means to share information and a common operating picture between responders, command posts, and other responding agencies. Access to the SALUS platform will be provided free of charge, therefore, approval of the proposed MOU will have no financial impact to 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) approve the proposed MOU between the Harbor Department and the Homeland Security Advisory Council; (3) find that the proposed MOU is a cooperative agreement where no financial or staff commitment is required; (4) authorize the Executive Director to execute and the Board Secretary to attest to the MOU; and (5) adopt Resolution No.____________.
Port Police
2. RESOLUTION NO. ____________ - ACCEPTANCE OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT UNDER FISCAL YEAR 2019 PORT SECURITY GRANT PROGRAM, AWARD NO. EMW-2019-PU-00431
Transmittal 1
Transmittal 3
Summary: Staff requests the Board of Harbor Commissioners accept and enter into a Grant Award, EMW-2019-PU-00431, with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Los Angeles Harbor Department (Harbor Department) under the Fiscal Year (FY) 2019 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be in the amount of $1,875,000 with an award date of September 1, 2019. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance $937,500, and Security System Expansion and Integration $937,500. The award is for a three-year period ending August 31, 2022. A 25% cost share is required under this FY 2019 PSGP, which will be funded by the Harbor Department. The Harbor Department’s total cost share for the projects is $625,000, for a total cost of $2,500,000 for both projects.
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 1(6) of the Los Angeles City CEQA Guidelines; (2) approve the Grant Award, Grant No. EMW-2019-PU-00431 between the City of Los Angeles Harbor Department and the United States Department of Homeland Security, Federal Emergency Management Agency for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year 2019 Port Security Grant Program; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Obligating Document for the Award; (4) authorize the Harbor Department to implement the projects approved for funding by the DHS; and (5) adopt Resolution No. ____________ accepting the Grant Award for EMW-2019-PU-00431 for FY 2019 PSGP.
Government Affairs
3. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 17-3478 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND KADESH & ASSOCIATES, LLC FOR FEDERAL ADVOCACY REPRESENTATION
Transmittal 1
Summary: Staff requests approval of a First Amendment to Agreement No. 17-3478 between the City of Los Angeles Harbor Department ("Harbor Department") and Kadesh & Associates, LLC for federal advocacy representation for the Harbor Department. The proposed First Amendment extends the term of the agreement by one year for a total of four years and increases the total compensation amount by $90,000 for a new not-toexceed amount of $360,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement.
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, 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 First Amendment to Agreement No. 17-3478 with Kadesh & Associates, LLC.; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed First Amendment to Agreement 17-3478 with Kadesh & Associates, LLC; and (5) adopt Resolution No.____________.
Government Affairs
4. RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 17-3477 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ALCALDE AND FAY, LTD. FOR FEDERAL ADVOCACY REPRESENTATION
Transmittal 1
Summary: Staff requests approval of a First Amendment to Agreement No. 17-3477 between the City of Los Angeles Harbor Department ("Harbor Department") and Alcalde and Fay, Ltd. for federal advocacy representation for the Harbor Department. The proposed First Amendment extends the term of the agreement by one year for a total of four years and increases the total compensation amount by $90,000 for a new not-to-exceed amount of $360,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement.
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, work under the subject Agreements 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 First Amendment to Agreement No. 17-34 77 with Alcalde and Fay Ltd.; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed First Amendment to Agreement 17-3477 with Alcalde and Fay Ltd; and (5) adopt Resolution No.____________.
Government Affairs
5. RESOLUTION NO. ____________ - THIRD AMENDMENT TO AGREEMENT NO. 17-3488 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HOLLAND & KNIGHT LLP FOR FEDERAL ADVOCACY REPRESENTATION
Transmittal 1
Summary: Staff requests approval of a Third Amendment to Agreement No. 17-3488 between the City of Los Angeles Harbor Department ("Harbor Department") and Holland & Knight LLP for federal advocacy representation for the Harbor Department. The proposed Third Amendment extends the term of the agreement by one year for a total of four years and increases the total compensation amount by $90,000 for a new not-to-exceed amount of $572,000. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement.
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, 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 Third Amendment to Agreement No. 17-3488 with Holland & Knight LLP.; (4) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Third Amendment to Agreement 17-3488 with Holland & Knight LLP; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
6. RESOLUTION NO. ____________ - APPROVE THE OPTION TO EXTEND THE TERM OF AGREEMENT NO. 14-3269 WITH CAL PACIFIC LAND SERVICES, INC. FOR AN ADDITIONAL FIVE-YEAR PERIOD
Transmittal 1
Transmittal 2
Summary: Staff requests approval to exercise the first of two, five-year extension options in the subject agreement (Agreement) among Cal Pacific Land Services, Inc. (Cal Pacific), the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) (collectively, Ports), for an amount not to exceed $1,053,165 for the five-year term. Pursuant to the terms of the Agreement, the Ports may exercise the extension option upon concurrence of both Executive Directors and approval by both Ports’ boards. POLB’s board approved the extension option at its October 14, 2019 meeting.
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 Class or Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the staff’s recommendation to exercise the option to extend Agreement No. 14-3269 with Cal Pacific Land Services, Inc.; (3) authorize the Executive Director to execute the extension letter for Agreement No. 14-3269; and (4) adopt Resolution No.____________.
Regular Item No. 7
Cargo & Industrial Real Estate
7. RESOLUTION NO. ____________ - APPROVE REVOCABLE PERMIT WITH FISHERMAN’S PRIDE PROCESSORS INC.
Transmittal 1
Transmittal 3
Summary: Staff requests approval of the proposed Revocable Permit with Fisherman’s Pride Processor’s Inc. dba Neptune Foods (Fisherman’s Pride) for a term of six months to occupy 16,275 square feet (sf) of paved yard space and 38,690 sf of warehouse in Fish Harbor on Terminal Island, which will yield $115,794 in revenue to the City of Los Angeles Harbor Department (Harbor Department) over the six-month term.
Recommendation: Board resolve to (1) consider the Addendum to the previously adopted Final Initial Study/Mitigated Negative Declaration for the Fisherman’s Pride Processors Inc. Project; (2) find that, in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15164, the proposed Revocable Permit will not result in any new significant environmental effects or any substantially more severe effects than previously analyzed in the adopted Final Initial Study/Mitigated Negative Declaration for the Fisherman’s Pride Processor’s Inc. Project; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (4) approve the Revocable Permit with Fisherman’s Pride Processor’s Inc.; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Revocable Permit; and (6) adopt Resolution No.____________.
L. Adjournment