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, JANUARY 27, 2022 AT 9:00 A.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
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
- Special Alameda Corridor Transportation Authority Governing Board Meeting of January 14, 2022.
- Regular Alameda Corridor Transportation Authority Governing Board Meeting of January 20, 2022.
G. Approval of the Minutes
- Regular Meeting of January 13, 2022
H. Presentation
I. Level I Coastal Development Permit
None.
J. Board Reports of the Executive Director
Consent Items (1 – 7)
Cargo & Industrial Real Estate
Summary: Staff requests approval of Temporary Entry and Use Permit (TEUP) No. 1835 with Fenix Marine Services, Ltd. (Fenix) and its contractor, Center for Transportation and the Environment, Inc. (CTE), to use and access the backland area of Berth 301 for a duration of up to 12 months, to test a zero-emission hybrid hydrogen fuel cell/battery electric top handler. TEUP No. 1835 serves as the successor permit to TEUP No. 1784, approved by the Board of Harbor Commissioners on January 14, 2021, and expires on February 3, 2022. Apart from providing extra time, TEUP No. 1835 is identical to TEUP No. 1784. Additional time is required due to shipping delays for component parts. As noted in the staff report for the January 2021 Board action, the planned demonstration project is funded under a grant from the California Air Resources Board (CARB). The proposed successor TEUP No. 1835 provides Fenix and CTE the necessary real estate entitlement to continue to undertake the demonstration project.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action has been previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i), and is categorically exempt pursuant to the requirements of CEQA under Article III Class 6(2), of the Los Angeles City CEQA Guidelines; (2) Approve Temporary Entry and Use Permit No. 1835 with Fenix Marine Services, Ltd. and Center for Transportation and the Environment, Inc.; (3) Authorize the Executive Director to execute and the Board Secretary to attest to the Temporary Entry and Use Permit; and (4) Adopt Resolution No. ______________.
Community Relations
2. RESOLUTION NO.__________ - AUTHORIZATION OF EXPENDITURE FOR ANNUAL CAPA MEMBERSHIP DUES 2021-2022
Summary: Staff requests that the Board of Harbor Commissioners (Board) authorize the expenditure for the Harbor Department’s membership in the California Association of Port Authorities (CAPA). The dues amount is determined annually at the CAPA Budget Committee meeting in October for the coming year and is based on each of the eleven California state port’s percentage of total tonnage. Annual dues are beyond the $150,000 threshold, therefore authorization by the Executive Director and Board action is required. Staff requests that the Board approve authorization of payment on CAPA dues not to exceed $187,548.56 for the period of October 2021-October 2022. The Harbor Department is financially responsible for payment of membership dues incurred under the proposed authorization.
- : 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 authorization of expenditures for $187,548.56 covering October 2021-October 2022; (3) Authorize the Executive Director to execute and the Board Secretary to attest to the authorization for and on behalf of the Board; and (4) Adopt Resolution No. _____________.
Port Police
3. RESOLUTION NO.__________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PRESTIGIOUS INVESTIGATIVE SERVICES, INC., FOR BACKGROUND INVESTIGATION SERVICES ON AN AS-NEEDED BASIS
Summary: Staff requests approval of an Agreement with Prestigious Investigative Services, Inc. (Prestigious), located in Upland, California, to provide professional services to the City of Los Angeles Harbor Department (Harbor Department) for the provision of as-needed personnel background investigations of prospective Port Police applicants, civilian employees, and other Harbor Department employees as assigned. The purpose of the background investigations is to determine suitability for employment. Prestigious has been successfully performing background investigations for the Harbor Department since January 17, 2018. The current Agreement, 19-3629, expires on February 19, 2022. Staff continues to require assistance in carrying out this function due to insufficient Harbor Department staff trained and available to facilitate background investigations. The services provided by Prestigious do not replace the background investigation services conducted by the City of Los Angeles Personnel Department for sworn police officer candidates. This action will authorize a one-year contract term with two, one-year renewal options, for an amount not to exceed $80,000.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined 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, there are no City employees available to perform the work being proposed for contracting; (3) Award the one-year agreement (with two one-year renewal options) to Prestigious Investigative Services, Inc. (Transmittal 1); (4) Authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) Adopt Resolution No. ______________.
Cargo Marketing
Summary: Staff requests approval of the Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and Interport Logistics, LLC (Interport), to operate its facility within FTZ No. 202, Site 65, located at 5560 61st Street, Commerce, CA 90040. The 1.1 acre property includes warehouse and office space, approximately 21 miles north of the Port of Los Angeles.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 $7,750 annually from Interport (per FTZ Tariff No. 2).
- : 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 Interport Logistics, LLC; (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. ______________.
Executive Office
5. RESOLUTION NO.__________ - APPROVAL OF HARBOR COMMUNITY BENEFIT FOUNDATION’S HEALTHY HARBOR COMMUNITIES INITIATIVE GRANT PROGRAM ROUND 2 AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the Harbor Community Benefit Foundation’s (HCBF) selection of four projects to receive awards from the Healthy Harbor Communities Initiative Grant Program and transfer $400,000 from the Port Community Mitigation Trust Fund (PCMTF) to HCBF. The PCMTF was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects and grants addressing port-related impacts for the communities of San Pedro and Wilmington. The HCBF, an independent nonprofit organization established to operate the PCMTF, is responsible for identifying qualifying projects to receive grant funding from the PCMTF to be approved by the Board of Harbor Commissioners. The HCBF Board of Directors has confirmed its selection of four projects to receive funding for the Healthy Harbor Communities Grant Program, and is requesting Board approval of the award recipients and transfer of funds from the PCMTF, in accordance with the requirements of the TraPac Memorandum of Understanding (MOU) and Operating Agreement of the TraPac MOU (Operating Agreement). The proposed projects have a Tidelands nexus and will address the Port of Los Angeles’ (Port) impact on the local environment in Wilmington and San Pedro. Upon approval, $400,000 will be transferred from the PCMTF to HCBF for four grant awards. Upon the transfer of funds from the PCMTF to HCBF, HCBF will be financially responsible for the disbursement of funds to grantees in accordance with the TraPac MOU, Operating Agreement and the Grant Agreements. The Harbor Department funded the original PCMTF, and no additional payments from the Harbor Department will be required to fund this request.
- : 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 Harbor Community Benefit Foundation’s selection of four projects to receive awards from the Healthy Harbor Communities Grant Program, funded by the Port Community Mitigation Trust Fund; (3) Authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $400,000 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation’s request; and (4) Adopt Resolution No. ______________.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No. __________.
City Attorney
Summary: The Office of the City Attorney (City Attorney) requests approval of a Second Amendment to Agreement No. E-7079 between the City of Los Angeles Harbor Department (Harbor Department) and Christian M. Carrigan. The proposed Amendment will extend the term of the Agreement by one year and increase the Agreement authority by $150,000. The current two-year Agreement expires on May 26, 2022. The proposed Amendment will extend the Agreement by one year to an expiration date of May 26, 2023 and will allow Christian M. Carrigan to continue to assist the City Attorney as an expert witness in the matters of City of Los Angeles v. L.A. Terminals, Inc., et al. (Superior Court Case No. NC061591) (State Action), and L.A. Terminals, Inc. v. City of Los Angeles, et al. (District Court Case No 2:18-cv-06754-MWF-RAO) (Federal Action). In addition to extending the term, the proposed Amendment will also increase Agreement authority by $150,000 from $35,000 currently to $185,000 as proposed. The increase in authority is necessary in order to compensate Christian M. Carrigan for additional expert services, which were not budgeted in the original Agreement and First Amendment. The Harbor Department will continue to be financially responsible for payment of professional fees rendered under the proposed Second Amendment.
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 Second Amendment to Agreement No. E-7079 with Christian M. Carrigan, extending the term of the Agreement by one year, for a total term of three years (May 27, 2020 to May 26, 2023); (3) Approve the Second Amendment to Agreement No. E-7079 with Christian M. Carrigan, increasing the authority by $150,000, for a total authority of $185,000; (4) Authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No. E-7079; and (5) 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)
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.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
4. 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: (one case)
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 a Revocable Permit 98- 17 with Nick Guglielmo:
Property: Parking Lot at Sampson Way and 22nd Street, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Nick Guglielmo
Negotiating Parties: City and Nick Guglielmo
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 Revocable Permit 16- 22 with Metro Shore Services, LLC:
Property: Berth 93, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Stefano Borzone
Negotiating Parties: City and Metro Shore Services, 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 a Revocable Permit 16- 27 with John Simich Construction, Inc.:
Property: 1400 S. Harbor Blvd., San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: John Simich
Negotiating Parties: City and John Simich Construction, Inc.
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 Concession Agreement with Cabrillo Beach Yacht Club:
Property: 211 W. 22nd Street, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Steven Holmstrom
Negotiating Parties: City and Cabrillo Beach Yacht Club
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 900 with WWL Vehicle Services Americas, Inc.:
Property: 500 E. Water Street, Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Peter Bresnee
Negotiating Parties: City and WWL Vehicle Services Americas, 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 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