Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, OCTOBER 15, 2020 AT 9:00 A.M.
Los Angeles 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
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
None
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Cargo & Industrial Real Estate
1. RESOLUTION NO. ____________ - APPROVAL OF JOINT REVOCABLE PERMIT NO. 20-03 BETWEEN THE CITY OF VERNON AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PORT OF LONG BEACH AS JOINT OWNERS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Joint Revocable Permit (JRP) No. 20-03 among the City of Vernon, a California municipal corporation, and the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB), as joint owners, for the construction and maintenance of sidewalk space located on 25th Street in the City of Vernon. The proposed JRP is for a total of 37 square feet of joint-owned property to construct the required sidewalk width adjacent to newly-installed rail crossing gates. There is no rent for the JRP, as it is strictly for the implementation of safety rail crossing gates and compliance with Americans with Disabilities Act (ADA) requirements.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the State CEQA Guidelines; (2) approve Joint Revocable Permit No. 20-03 among the City of Vernon and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 20-03; and (4) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Joint Revocable Permit (JRP) No. 20-03 among the City of Vernon, a California municipal corporation, and the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB), as joint owners, for the construction and maintenance of sidewalk space located on 25th Street in the City of Vernon. The proposed JRP is for a total of 37 square feet of joint-owned property to construct the required sidewalk width adjacent to newly-installed rail crossing gates. There is no rent for the JRP, as it is strictly for the implementation of safety rail crossing gates and compliance with Americans with Disabilities Act (ADA) requirements.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15301 of the State CEQA Guidelines; (2) approve Joint Revocable Permit No. 20-03 among the City of Vernon and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No. 20-03; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
2. RESOLUTION NO. ____________ - APPROVE TEMPORARY ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION EIGHT, SPACE ASSIGNMENTS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Eight, which updates the Space Assignment rates, terms and conditions. Space Assignments are granted by the Executive Director for the use of covered areas, paved and unpaved land, and water space for non-exclusive use by current or new tenants on a short-term entitlement. The Space Assignment rates were last updated in October 2005 and are below current market rates. These amendments will increase the space assignment rates over the next several years to a market level by January 1, 2022, and then match any increases to the Consumer Price Index after 2022 with a minimum two percent increase every January 1. Other changes include increasing the minimum charge, adding charges for fencing and utility use, and ensuring appropriate environmental review for each assignment. The first increase will take effect January 1, 2021, with set increases each January 1 thereafter.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No. __________ to amend Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners and cause the same to be published in a daily newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not to exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Eight, which updates the Space Assignment rates, terms and conditions. Space Assignments are granted by the Executive Director for the use of covered areas, paved and unpaved land, and water space for non-exclusive use by current or new tenants on a short-term entitlement. The Space Assignment rates were last updated in October 2005 and are below current market rates. These amendments will increase the space assignment rates over the next several years to a market level by January 1, 2022, and then match any increases to the Consumer Price Index after 2022 with a minimum two percent increase every January 1. Other changes include increasing the minimum charge, adding charges for fencing and utility use, and ensuring appropriate environmental review for each assignment. The first increase will take effect January 1, 2021, with set increases each January 1 thereafter.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Temporary Order No. __________ to amend Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments; (4) authorize the Board Secretary to certify the adoption of the Temporary Order by the Board of Harbor Commissioners and cause the same to be published in a daily newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not to exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
3. RESOLUTION NO. ____________ - APPROVE PERMANENT ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION EIGHT, SPACE ASSIGNMENTS
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of amendments to Port of Los Angeles (Port) Tariff No. 4 (Tariff), Section Eight, which updates the Space Assignment rates, terms and conditions. Space Assignments are granted by the Executive Director for the use of covered areas, paved and unpaved land, and water space for non-exclusive use by current or new tenants on a short-term entitlement. The Space Assignment rates were last updated in October 2005 and are below current market rates. These amendments will increase the space assignment rates over the next several years to a market level by January 1, 2022, and then match any increases to the Consumer Price Index after 2022 with a minimum two percent increase every January 1. Other changes include increasing the minimum charge, adding charges for fencing and utility use, and ensuring appropriate environmental review for each assignment. The first increase will take effect January 1, 2021, with set increases each January 1 thereafter.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.____________.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) adopt Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Eight, Space Assignments; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
4. RESOLUTION NO. ____________ - APPROVAL OF COST REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PBF ENERGY WESTERN REGION, LLC
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Cost Reimbursement Agreement (Agreement) with PBF Energy Western Region LLC (PBF) to reimburse the City of Los Angeles Harbor Department (Harbor Department) for costs associated with pipeline removal at the San Pedro Public Market (SPPM) development. The Harbor Department, through its contractors, will remove portions of PBF’s abandoned pipelines that were ordered removed by the Board of Harbor Commissioners on September 20, 2018 (Order No. 18-7248). The proposed Agreement is for a one-time payment of $1,150,000 by PBF. PBF currently occupies Harbor Department Property under Permit No. 936.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with PBF Energy Western Region LLC to reimburse the Harbor Department $1,150,000 for the cost to remove pipelines in conflict with the Harbor Boulevard to Miner Street Improvements project; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the Cost Reimbursement Agreement (Agreement) with PBF Energy Western Region LLC (PBF) to reimburse the City of Los Angeles Harbor Department (Harbor Department) for costs associated with pipeline removal at the San Pedro Public Market (SPPM) development. The Harbor Department, through its contractors, will remove portions of PBF’s abandoned pipelines that were ordered removed by the Board of Harbor Commissioners on September 20, 2018 (Order No. 18-7248). The proposed Agreement is for a one-time payment of $1,150,000 by PBF. PBF currently occupies Harbor Department Property under Permit No. 936.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with PBF Energy Western Region LLC to reimburse the Harbor Department $1,150,000 for the cost to remove pipelines in conflict with the Harbor Boulevard to Miner Street Improvements project; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Port Police
5. RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES POLICE DEPARTMENT FOR BEHAVIORAL SCIENCES SERVICES
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for behavioral sciences services. This partner agency MOA will establish an agreement for LAPD’s Behavioral Science Services (BSS) Unit to provide as-needed behavioral sciences services to Harbor Department, Los Angeles Port Police (LAPP) employees. The proposed MOA is for a five-year term, at $20,000 per year, not to exceed $100,000 and these expenses will be 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) approve the Memorandum of Agreement between the Los Angeles Harbor Department and the Los Angeles Police Department to provide behavioral science services to Los Angeles Port Police employees for a term of five-years; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memoranda of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the Los Angeles Harbor Department (Harbor Department) and the Los Angeles Police Department (LAPD) for behavioral sciences services. This partner agency MOA will establish an agreement for LAPD’s Behavioral Science Services (BSS) Unit to provide as-needed behavioral sciences services to Harbor Department, Los Angeles Port Police (LAPP) employees. The proposed MOA is for a five-year term, at $20,000 per year, not to exceed $100,000 and these expenses will be 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) approve the Memorandum of Agreement between the Los Angeles Harbor Department and the Los Angeles Police Department to provide behavioral science services to Los Angeles Port Police employees for a term of five-years; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memoranda of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Port Police
6. RESOLUTION NO. ____________ - ACCEPTANCE OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT UNDER FISCAL YEAR 2020 PORT SECURITY GRANT PROGRAM, AWARD NO. EMW-2020-PU-00198
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval to accept and enter into a Grant Award, EMW-2020-PU-00198, with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2020 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be $2,108,000 with an award date of September 1, 2020. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance - $937,500, Security System Expansion and Integration Equipment - $937,500, Maritime Operations Training - $8,000, and Maritime Operations Equipment - $225,000. The award is for a three-year period ending August 31, 2023. A 25% cost share is required under this FY 2020 PSGP, which will be funded by the Harbor Department. The Harbor Department’s cost share for the projects is $702,667, resulting in a total cost of $2,810,667 for all four 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-2020-PU-00198 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 2020 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-2020-PU-00198 for FY 2020 PSGP.
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval to accept and enter into a Grant Award, EMW-2020-PU-00198, with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2020 Port Security Grant Program (PSGP). If approved, the proposed Federal award will be $2,108,000 with an award date of September 1, 2020. Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Security System Maintenance - $937,500, Security System Expansion and Integration Equipment - $937,500, Maritime Operations Training - $8,000, and Maritime Operations Equipment - $225,000. The award is for a three-year period ending August 31, 2023. A 25% cost share is required under this FY 2020 PSGP, which will be funded by the Harbor Department. The Harbor Department’s cost share for the projects is $702,667, resulting in a total cost of $2,810,667 for all four 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-2020-PU-00198 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 2020 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-2020-PU-00198 for FY 2020 PSGP.
Port Police
7. RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE LOS ANGELES HARBOR DEPARTMENT ON BEHALF OF THE LOS ANGELES PORT POLICE AND THE LOS ANGELES POLICE DEPARTMENT FORMALIZING JOINT AGENCY PRACTICES AND AGENCY RESPONSIBILITIES WITH REGARDS TO LAW ENFORCEMENT RESPONSE OPERATIONS AND INVESTIGATIONS
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department), on behalf of the Los Angeles Port Police (LAPP), and the Los Angeles Police Department (LAPD), to formalize joint agency practices and agency responsibilities with regard to law enforcement response operations and investigations in the Harbor District. This proposed MOA is for a five-year term and will establish the various duties and responsibilities of each agency, in fulfilling their respective public safety, law enforcement, emergency management and joint operations. The approval of this proposed MOA will have no financial impact on the Harbor Department, as there are no costs and or revenues associated with this action.
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 Memorandum of Agreement between the City of Los Angeles Harbor Department and the Los Angeles Police Department to formalize the understanding between the Los Angeles Port Police and the Los Angeles Police Department formalizing joint agency practices and agency responsibilities with regard to law enforcement response operations and investigations in the Harbor District for a term of five-years; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memorandum of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Transmittal 1
Summary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of Los Angeles Harbor Department (Harbor Department), on behalf of the Los Angeles Port Police (LAPP), and the Los Angeles Police Department (LAPD), to formalize joint agency practices and agency responsibilities with regard to law enforcement response operations and investigations in the Harbor District. This proposed MOA is for a five-year term and will establish the various duties and responsibilities of each agency, in fulfilling their respective public safety, law enforcement, emergency management and joint operations. The approval of this proposed MOA will have no financial impact on the Harbor Department, as there are no costs and or revenues associated with this action.
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 Memorandum of Agreement between the City of Los Angeles Harbor Department and the Los Angeles Police Department to formalize the understanding between the Los Angeles Port Police and the Los Angeles Police Department formalizing joint agency practices and agency responsibilities with regard to law enforcement response operations and investigations in the Harbor District for a term of five-years; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Memorandum of Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Items (8 & 9)
Environmental Management
8. RESOLUTION NO. ____________ - ADOPTION OF THE FINAL INITIAL STUDY/NEGATIVE DECLARATION AND APPROVAL OF THE INNOVATIVE BARRACUDA CHASSIS DEPOT PROJECT AT 915 EARLE ST (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NO. 190327-046; STATE CLEARINGHOUSE NO. 2020080336)
Transmittal 1
Summary: Staff requests adoption of the Final Initial Study/Negative Declaration (IS/ND) for the proposed Innovative Barracuda Chassis Depot Project (Project) along with comments and responses to comments, and approval of the proposed Project as described in the Final IS/ND. The proposed Project would permit the expanded operation of a chassis depot that provides storage, maintenance, and repair of chassis, and expand existing operations to include on/off hire of chassis (i.e., stop/start operations) at 915 Earle Street on Terminal Island. Innovative Terminal Services, Inc. (Innovative) proposes to expand the existing approximately 7-acre property to a total of approximately 13.2 acres. A Term Permit would be issued for the operation of the proposed chassis maintenance yard and depot for up to 10 years in order to combine all Innovative-entitled parcels under one permit. Payment of the costs associated with the Final IS/ND is the responsibility of Innovative under Reimbursement Agreement No. E-7074 with 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 Innovative Barracuda Chassis Depot Project at 915 Earle 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 Innovative Barracuda Chassis Depot 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street; (5) approve the Innovative Barracuda Chassis Depot Project at 915 Earle Street, in consideration of the Final Initial Study/Negative Declaration, including 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street with the Los Angeles City and County Clerks; and (7) adopt Resolution No.____________.
Transmittal 1
Summary: Staff requests adoption of the Final Initial Study/Negative Declaration (IS/ND) for the proposed Innovative Barracuda Chassis Depot Project (Project) along with comments and responses to comments, and approval of the proposed Project as described in the Final IS/ND. The proposed Project would permit the expanded operation of a chassis depot that provides storage, maintenance, and repair of chassis, and expand existing operations to include on/off hire of chassis (i.e., stop/start operations) at 915 Earle Street on Terminal Island. Innovative Terminal Services, Inc. (Innovative) proposes to expand the existing approximately 7-acre property to a total of approximately 13.2 acres. A Term Permit would be issued for the operation of the proposed chassis maintenance yard and depot for up to 10 years in order to combine all Innovative-entitled parcels under one permit. Payment of the costs associated with the Final IS/ND is the responsibility of Innovative under Reimbursement Agreement No. E-7074 with 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 Innovative Barracuda Chassis Depot Project at 915 Earle 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 Innovative Barracuda Chassis Depot 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street; (5) approve the Innovative Barracuda Chassis Depot Project at 915 Earle Street, in consideration of the Final Initial Study/Negative Declaration, including 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 Innovative Barracuda Chassis Depot Project at 915 Earle Street with the Los Angeles City and County Clerks; and (7) adopt Resolution No.____________.
Cargo & Industrial Real Estate
9. RESOLUTION NO. ____________ - APPROVE FOURTH AMENDMENT TO PERMIT NO. 881 WITH TRAPAC, LLC
Transmittal 1
Transmittal 1
Summary: Staff requests approval of the Fourth Amendment to Permit No. 881 (Permit) with TraPac, LLC (TraPac) to effect two material changes to the Permit: 1) change the name of the tenant from TraPac, Inc. to TraPac, LLC; and 2) change the overall approach to compensation by converting the existing efficiency-based rate scale to a structure in which TraPac will pay fixed rent plus incremental TEU charges upon reaching certain efficiency levels over a given compensation year. This new approach is aimed at facilitating container volume retention and growth. The amendment also resets compensation for the five-year period of September 29, 2019 to September 28, 2024, in accordance with the requirements of the Permit and the Los Angeles City Charter, using the new approach to compensation contemplated under this action. Under the proposed Fourth Amendment, the Permit will yield $200.9 million in guaranteed compensation, in aggregate, over the five-year period from September 29, 2019, to September 28, 2024. This guaranteed compensation represents a 59.3 percent increase relative to guaranteed compensation generated over the prior five-year period.
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 Fourth Amendment to Permit No. 881 with TraPac, LLC; (3) direct the Board Secretary to transmit the Fourth Amendment to Permit No. 881 to 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 Fourth Amendment upon approval by City Council; and (5) adopt Resolution No.____________.
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 Fourth Amendment to Permit No. 881 with TraPac, LLC; (3) direct the Board Secretary to transmit the Fourth Amendment to Permit No. 881 to 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 Fourth Amendment upon approval by City Council; and (5) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra
Costa Superior Court Case No. CIVMSN14-0300 consolidated with
Case Nos. CIVMSN14-0308, CIVMSN14-0309, CIVMSN14-0310,
CIVMSN14-0311, CIVMSN14-0312, and CIVMSN14-0313
2. 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
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. 20STCP02978
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
South Coast Air Quality Management District v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 20STCP02985
5. 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
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 75-80, 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 801 with California Yacht Marina:
Property: Berth 202, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Kevin Ketchum
Negotiating Parties: City and California Yacht Marina
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 802 with Island Yacht Anchorage, Inc. (I):
Property: Berth 205, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage, Inc. (I)
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 825 with Island Yacht Anchorage, Inc. (II):
Property: Berth 200, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage, Inc. (II)
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 Permit 805 with Cerritos Yacht Anchorage, Inc.:
Property: Berth 205, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Shannon Quick
Negotiating Parties: City and Cerritos Yacht Anchorage, Inc.
Under Negotiation: Price and Terms
11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 803 with Lighthouse Yacht Landing, Inc.:
Property: Berth 205B, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Barbara Gleason
Negotiating Parties: City and Lighthouse Yacht Landing, Inc.
Under Negotiation: Price and Terms
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 807 with Yacht Centre, Inc.:
Property: Berth 204, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Greg Kelchner
Negotiating Parties: City and Yacht Centre, Inc.
Under Negotiation: Price and Terms
13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 804 with Pacific Yacht Landing:
Property: Berth 203, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Bob Perel
Negotiating Parties: City and Pacific Yacht Landing
Under Negotiation: Price and Terms
14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 808 with Marina Ventures Partnership dba Holiday Harbor:
Property: Berth 201, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Jeff Kazarian
Negotiating Parties: City and Marina Ventures Partnership dba Holiday Harbor
Under Negotiation: Price and Terms
15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 806 with Yacht Haven Marina, Inc.:
Property: Berth 202W, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Toni Duni
Negotiating Parties: City and Yacht Haven Marina, Inc.
Under Negotiation: Price and Terms
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 921 with Leeward Bay Marina:
Property: Berth 200I, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Bob Perel
Negotiating Parties: City and Leeward Bay Marina
Under Negotiation: Price and Terms
17. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: (two cases)
L. Adjournment