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, JULY 1, 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).
UPDATED 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 into the official meeting minutes. 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 a recorded comment by calling (310) 732-3969 and leaving a voicemail. Please submit your recorded comment before 8:45am the day of the meeting and include your name, affiliation, item number and comment within the 3 minute public comment time limit. All recorded comments will be entered into the official meeting minutes.
- Members of the public can provide a live comment by calling (310) 732-3444. Commission Staff will be available to receive your call and provide Zoom meeting access information. Please provide your name and phone number in order for Staff to identify participants in the Zoom meeting. If Commission Staff is not available to receive your call, please leave a voicemail at (310) 732-3444 with your name and your telephone number for a return call. All calls will be verified. All live comments will be entered into the official meeting minutes. 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] , un día antes de la junta, o puede llamar a nuestra Oficina de Comisionados al (310) 732-3969 para grabar su mensaje. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto. Por cualquier pregunta, pueden comunicarse con Mario Saborío al (310) 732-3931.
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
- Regular Meeting of June 3, 2021
- Regular Meeting of June 17, 2021
H. Presentation
None.
I. Level I Coastal Development Permit
None.
J. Board Reports of the Executive Director
Consent Items (1 – 3)
Cargo Marketing
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Floor and Decor Outlets of America, Inc., (F&D) to operate its facility within FTZ 202, Site 10H, is located at, 720 Watson Center Road, Bldg. No. 139, Carson, CA 90745. The Harbor Department, as the FTZ grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. Site 10H is a 3.1 acre property including warehouse and office space, approximately 8 miles north of the Port of Los Angeles. F&D will operate its facility under FTZ procedures as a single-usage site. The proposed Agreement is for a term of five years with three, five-year renewal options. If the proposed Agreement is approved, the Harbor Department will receive $10,000 annually from F&D (per FTZ Tariff No. 2).
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 Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and F&D; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating 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; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Second Amendment to Agreement No. E6975 with California Dining Services (Cal Dining) to extend the length of the current three-year agreement by one year, with an option to renew for an additional year, for a total term of five years. The Second Amendment will increase the contract amount by $265,800 to cover the additional two year’s expenses, for a total contract amount of $664,500. Cal Dining operates the Port Pantry Café (Port Pantry) at the Harbor Administration Building (HAB) and provides vending machine, catering, and coffee services. Cal Dining was chosen from a Request for Proposals (RFP) for Port Pantry Operator published by the City of Los Angeles Harbor Department (Harbor Department) in April 2018. The Harbor Department will continue to be financially responsible for the payment of expenses incurred under the Agreement.
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 Second Amendment to Agreement No. E6975 with California Dining Services; (3) authorize the Executive Director to execute and Board Secretary to attest to the Second Amendment; and (4) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests approval of a proposed Reimbursement Agreement (Agreement) with Vopak Terminal Los Angeles, Inc. (Vopak) to reimburse the City of Los Angeles Harbor Department (Harbor Department) one hundred percent of staff and consultant costs associated with the preparation of an environmental assessment for the improvements at Berth 191 and the continued operation of a Cement Processing Facility at Berth 191. The environmental assessment of the Cement Processing Facility will be included as a portion of an environmental document (anticipated Environmental Impact Report (EIR)) currently being prepared to assess the Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) improvements at the Port of Los Angeles (Port) Berths 187-190. The proposed Agreement is for a term of three years with an estimated base amount of $327,000. Vopak is financially responsible for these expenditures.
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 proposed Reimbursement Agreement with Vopak Terminal Los Angeles, Inc. to reimburse the City of Los Angeles Harbor Department for preparation costs of the environmental assessment for improvements at Berth 191 and the continued operation of the Cement Processing Facility for a contract term of three years and for an estimated base amount of $327,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to, said Agreement for and on behalf of the Board; and (4) adopt Resolution No.__________.
Regular Items (4 & 5)
Engineering
Summary: Staff requests the Board of Harbor Commissioners (Board) adopt a Resolution approving the Second Amendment to Agreement No. 15-3348 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Sasaki Associates, Inc. (Consultant) of Watertown, Massachusetts, to provide planning, engineering, architectural design, landscape design, and bidding and design support during construction for the Wilmington Waterfront Promenade Project (Project). The original agreement was approved by the Board on September 17, 2015 for the amount of $3,190,000. The Second Amendment will allow the Harbor Department to complete design support services during construction with the same Engineer of Record, adds professional services to the agreement to include unforeseen engineering design work during construction, adds $500,000 in compensation for a total not-to-exceed amount of $3,690,000, and extends the Agreement by ten (10) additional months, for a total of seven (7) years and ten (10) months. The Harbor Department will continue to be financially responsible for expenses incurred under the 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, the services required can be performed more feasibly by an outside contractor than by City employees; (3) approve this Second Amendment to Agreement No. 15-3348 between the City of Los Angeles Harbor Department and Sasaki Associates, Inc. to complete design support services during construction for the Wilmington Waterfront Promenade Project with the same Engineer of Record, add $500,000 to the compensation for a total not-to-exceed amount of $3,690,000, and extend the Agreement by ten (10) additional months, for a total of seven (7) years and ten (10) months; (4) direct the Board Secretary to transmit the Second Amendment to Agreement No. 15-3348 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 Board Secretary to attest to said Second Amendment for and on behalf of the Board; and (6) adopt Resolution No.____________.
Environmental Management
Summary: Staff requests adoption of the Final Initial Study/Negative Declaration (IS/ND) for the proposed Berth 200 Roadway Extension 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 includes the widening and extension of the Berth 200 roadway between South Avalon Boulevard and North Henry Ford Avenue. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for staff and consultant time used for the preparation of the Final IS/ND and the construction of the proposed Project.
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 Berth 200 Roadway Extension Project (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board of Harbor Commissioners for review and was reviewed and considered by the Board of Harbor Commissioners prior to approving the proposed 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 Berth 200 Roadway Extension Project, 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 Berth 200 Roadway Extension Project; (5) authorize the Environmental Management Division to file the Notice of Determination for the Berth 200 Roadway Extension Project with the Los Angeles County Clerk; and (6) adopt Resolution No.____________.
K. Closed Session
1. 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
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.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
3. 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:
(three cases)
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 REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 692 with Yusen Terminals, LLC:
Property: Berths 212-223, Terminal Island
City Negotiator: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals, LLC
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 Revocable Permit 16-13 with Eco Flow Transportation, LLC:
Property: 300 S. Ferry Street, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Bill Allen
Negotiating Parties: City and Eco Flow Transportation, 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 a proposed permit with Pacific Crane Maintenance Company, LLC:
Property: 849 E. New Dock Street, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Joe Gregorio, Jr.
Negotiating Parties: City and Pacific Crane Maintenance Company, 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 Revocable Permit 07-15 with Al Larson Boat Shop:
Property: 1046 Seaside Avenue, Terminal Island
City Negotiator: Marisa Katnich
Tenant Negotiator: Jack Wall
Negotiating Parties: City and Al Larson Boat Shop
Under Negotiation: Price and Terms
9. 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)
L. Adjournment