Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MAY 20, 2021 AT 9:00 AM
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.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
PLEASE READ THESE INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Written comments or materials may be submitted by emailing [email protected]. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on the day before the meeting. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: [email protected] , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comment 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
None
G. Approval of the Minutes
H. Presentation
- 2021 Concession Agreement
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 - 10)
Cargo & Industrial Real Estate
Summary: Staff requests approval of Permit No. 950 (Permit) between Fast Lane Transportation, Inc. (Fast Lane) and the City of Los Angeles Harbor Department (Harbor Department). The Permit allows Fast Lane to occupy 536,914 square feet (12.3 acres) of land in northeast Wilmington, for the purpose of storing containers and chassis. This action will consolidate two existing revocable permits and one space assignment under the proposed Permit. The Permit will yield $1,907,621.64 in the first year, assuming an effective date of July 1, 2021, and a step increase on January 1, 2022. Rent will increase based upon the Consumer Price Index (CPI) effective January 1, 2023, and each January 1 thereafter over the ten-year term of the Permit.
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 Article III Class 1(18(d)) of the Los Angeles City CEQA Guidelines; (2) approve Permit No. 950 with Fast Lane Transportation, Inc.; (3) direct the Board Secretary to transmit Permit No. 950 to the City Council for approval pursuant to Section 606 of the Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 950 upon approval by City Council; and (5) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 20-16 (Revocable Permit) with Global Pest Management, Inc. (GPM) for the use of 149,539 square feet (3.43 acres) of paved land located at 155 Cannery Street, Terminal Island. Assuming an effective date of July 1, 2021, the proposed Revocable Permit will yield $592,174.44 in revenue the first year, with a fixed annual increase on January 1, 2022. Rent will be adjusted annually thereafter by two percent or the Consumer Price Index (CPI), whichever is greater. The term of the Revocable Permit is month-to-month, subject to termination by either party with 60 days’ written notice.
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 Article III Class 1(18(d)) of the Los Angeles City CEQA Guidelines; (2) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk; (3) approve Revocable Permit No. 20-16 with Global Pest Management, Inc.; (4) authorize the Executive Director to Execute and the Board Secretary to attest to Revocable Permit No. 20-16; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 96-09 with the estate of Jack Balch for property located at Signal Street and 22nd Street, San Pedro, pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis pursuant to an updated RP consistent with the 2011 Board approved RP template and reset compensation to market rent of $4.50 per square foot annually, or $20,673 annually with annual Consumer Price Index (CPI) increases. Implementation of the proposed compensation reset would be stepped, with half the increase anticipated to be effective July 1, 2021 and the second half effective on January 1, 2022.
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 Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 96-09 with the estate of Jack Balch; and (3) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 93-19 with Kelly Marine for property located at 2114 S. Mesa Street, San Pedro, pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis pursuant to an updated RP consistent with the 2011 Board approved RP template and reset compensation to market rent of $4.50 per square foot annually, or $88,605 annually with annual Consumer Price Index (CPI) increases. Implementation of the proposed compensation reset would be stepped, with half the increase anticipated to be effective July 1, 2021 and the second half effective on January 1, 2022.
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 Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 93-19 with Kelly Marine; and (3) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 1733 with O’Donnell Oil Company for property located at “C” Street and Fries Avenue, Wilmington, pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis pursuant to an updated RP consistent with the 2011 Board approved RP template and reset compensation to market rent of $4.50 per square foot annually, or $1,642.50 annually with annual Consumer Price Index (CPI) increases.
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 Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 1733 with O’Donnell Oil Company; and (3) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 91-35 with Roberta Landon Skaggs for property located at 126 North Marine Avenue, Wilmington, pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis pursuant to an updated RP consistent with the 2011 Board approved RP template and reset compensation to market rent of $4.50 per square foot annually for warehouse and $10.50 annually per square foot for office, or a total of $26,034 annually with annual Consumer Price Index (CPI) increases.
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 Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 91-35 with Roberta Landon Skaggs; and (3) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the continuation of Revocable Permit (RP) No. 95-32 with Joe Utovac for property located at Sampson Way and Berth 73, San Pedro, pursuant to the City of Los Angeles Harbor Department (Harbor Department) practice for five-year review by the Board of Harbor Commissioners (Board) for continuation or modification of RPs. Approval of the proposed action will entitle the tenant to continue business operations on a month-to-month basis under RP No. 95-32. Short-term use for this RP is necessary, as it will be transferred into the new West Harbor development project in the near future. This action would result in neither use changes nor facility changes. However, annual Consumer Price Index (CPI) increases, which had been halted with the 2018 rent reduction, will be resumed effective July 1, 2021.
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 Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 95-32 with Joe Utovac; and (3) adopt Resolution No.___________.
Construction & Maintenance
Summary: Staff requests approval of Contract No. 39938 with Altec Industries (Altec) of Dixon, CA, for the purchase of a truck with a personnel lift that is used to access elevated utility systems such as street and terminal lighting. The Contract amount is $210,954, including taxes. Payment of expenses incurred under the Contract is 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) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with Sourcewell based on a cooperative arrangement with Sourcewell to utilize Contract No. 012418-ALT; (3) approve Contract No. 39938 with Altec for the purchase of the truck in the amount of $210,954; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39938 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Construction & Maintenance
Summary: Staff requests approval of Contract No. 39944 with Full Spectrum, Inc. (Full Spectrum) of Ontario, California for the replacement of the skylight at Liberty Hill Plaza (LHP). The Contract amount is $597,242, and the Contract will continue until the project is complete since this is a one-time purchase order. Payment of expenses incurred under the Contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environment Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 2(2) of the Los Angeles City CEQA Guidelines; (2) approve Contract No. 39944 with Full Spectrum for the replacement of the skylight at LHP; (3) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (4) approve Contract No. 39944 with Full Spectrum in the amount of $597,242; (5) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39944 for and on behalf of the Board; and (6) adopt Resolution No.____________.
City Attorney
Summary: The Office of the City Attorney (“Office”) requests approval of a waiver of a potential conflict of interest of the law firm of Thompson Coburn LLP (Thompson Coburn). The Office recommends approval of this request for a conflict waiver to allow Thompson Coburn to assist the Office with legal services for the Harbor Department’s Clean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) regulatory and litigation matters, while continuing the firm’s representation of Six Cities in state and federal energy regulatory matters.
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) formally waive any potential conflict that might arise from Thompson Coburn’s representation of Six Cities in California state and federal energy regulatory matters; (3) authorize the Office of the City Attorney to execute a written conflict waiver; and (4) adopt Resolution No.___________.
Regular Items (11 - 13)
Environmental Management
Summary: Staff requests consideration of the Second Addendum to the Final Environmental Impact Report (EIR) for the Berths 302-306 Project (Project). The Second Addendum modifies the project description by expanding the on-dock railyard; expanding the 2012 EIR boundary by approximately nine acres; re-routing of terminal access; adding a new gate; changing use of approximately seven previously assessed acres; continuing hydrogen fueling; and demolishing three warehouses, a ramp, and tanks. No significant environmental impacts are expected from these project modifications. Costs associated with the preparation of the Second Addendum amounted to approximately $55,000 in staffing and were borne by the City of Los Angeles Harbor Department (Harbor Department). This action by the Board of Harbor Commissioners (Board) neither authorizes any expenditures related to the project modifications nor commits the Harbor Department to complete them.
Recommendation: Board resolve to (1) consider the Second Addendum to the previously adopted Final Environmental Impact Report for the Berths 302-306 Project; (2) find that, in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15164, the revised Project will not result in any significant environmental effects or substantially more severe effects than previously analyzed in the adopted Final Environmental Impact Report for the Berths 302-306 Project; (3) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse; and (4) adopt Resolution No._____________.
Environmental Management
Summary: Staff requests approval of a proposed Agreement among the City of Los Angeles Harbor Department (Harbor Department), the Port of Long Beach (POLB) (together, Ports), PortCheck, LLC (PortCheck), and marine terminal operators of the Ports (MTOs), for PortCheck to provide Clean Truck Fund (CTF) Rate collection services for the Ports. PortCheck was selected through a joint Ports’ competitive bid process. PortCheck’s CTF Rate collection services will include development of a Rate Collection System, and performance of collection operations that include collection of the CTF Rate, application of exemptions in accordance with the Ports’ Tariffs, and remitting the collected CTF Rate revenues to the Ports. The Harbor Department is financially responsible for development costs, to be paid prior to CTF Rate collection operations, and operating costs, which the proposed Agreement permits the vendor to retain from the collected CTF rate revenues, following Harbor Department invoice approval. The proposed Agreement is for a three-year contract term for a not-to-exceed amount of $10,000,000 in total between the Ports.
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 15061(b)(3) and Section 15306 of the State CEQA Guidelines; (2) find in accordance with the Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City of Los Angeles employees; (3) authorize the Executive Director to enter into an Agreement with the Port of Long Beach, PortCheck, LLC and Marine Terminal Operators for Clean Truck Fund Rate Collection Services for an amount not-to-exceed $10,000,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Debt & Treasury Management
Summary: Staff requests adoption of the Resolution authorizing approval of a pool of thirteen investment banking firms for a period of three years to provide underwriting services and access to capital markets in order to meet the Harbor Department’s financing needs. The Department will enter into agreements with the underwriters at the time of each transaction detailing responsibilities and expectations from each firm.
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 and appoint the following thirteen investment banking firms to a pool for a period of three years to provide the Harbor Department with investment banking services: Academy Securities; BofA Securities; Barclays; Goldman Sachs & Co., LLC; J.P. Morgan Securities, LLC; Jeffries, LLC; Loop Capital Markets, LLC; Morgan Stanley & Co., Inc.; RBC Capital Markets, LLC; Ramirez & Co. Inc.; Siebert Williams Shank & Co., LLC; UBS Financial Services Inc.; Wells Fargo Securities; and (3) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., United States District Court Case No. 2:20-cv-03251
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., Los Angeles Superior Court Case No. 20STCV15500
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 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
5. 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
6. 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)
7. 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
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Amended and Restated Lease 904A with AltaSea at the Port of Los Angeles:
Property: Berths 56-60, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Tim McOsker
Negotiating Parties: City and AltaSea at the Port of Los Angeles
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 a proposed storage entitlement with Friends of Banning’s Landing:
Property: 100 Water Street, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Margie Hernandez
Negotiating Parties: City and Friends of Banning’s Landing
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 a proposed permit with San Pedro Fish Market:
Property: Berths 93C, D, E, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
L. Adjournment