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 28, 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 Neighborhood Council representatives to provide remarks on Neighborhood Council Resolutions or Community Impact Statements filed with the City Clerk which relate to any agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.
E. Reports of the Commissioners
F. Board Committee Reports
- ACTA Board Meeting of July 21, 2022.
G. Approval of the Minutes
- Regular Meeting of July 14, 2022
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 - 7)
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.___________.
Human Resources
Summary: Staff requests approval of an Agreement with Empathia Pacific, Inc. (Empathia), located in Agoura Hills, California, to provide Employee Assistance Program (EAP) services to City of Los Angeles, Harbor Department (Harbor Department) employees. On June 20, 2019, Agreement No. 19-3664 for EAP services was approved for three years in the amount of $120,000 expiring on July 3, 2022. The new proposed Agreement would be for a period of three years for an amount not to exceed $120,000. The recommendation to select Empathia was based on the Request for Proposals (RFP) conducted by the Harbor Department in April 2022. EAP services under the new proposed Agreement are 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 the City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (3) Approve the Agreement with Empathia for EAP services in an amount not to exceed $120,000 for a total term of three years; (4) Authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) Adopt Resolution No. ______________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed successor Revocable Permit No. 21-17 (RP No. 21-17) with Eastview Little League, Inc. (Eastview), a California nonprofit Corporation, for use and occupancy of City of Los Angeles Harbor Department (Harbor Department) property located at (1) 765 Eastview Little League Drive, San Pedro commonly known as Knoll Hill and (2) 1501 S. Harbor Boulevard, San Pedro commonly known as Bloch Field. Eastview will be utilizing the premises for: operation and maintenance of two baseball fields and one T-ball field at Knoll Hill, and one baseball field at Bloch Field; installation of fencing, backstops, and dugout improvements, as well as all temporary use facilities such as concession stands, restrooms, associated parking, and storage of associated equipment, materials, and supplies. In exchange for the services and community benefit, Eastview will not be required to pay rent to the Harbor Department. The Harbor Department will also support Eastview through assistance with water costs at the Knoll Hill facility up to $20,000 per calendar year which will be reimbursable upon invoice submission and review. Assistance with water costs must be requested and be reviewed and approved for subsequent years. The Harbor Department shall remain responsible for all utilities at the Bloch Field location.
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) Find that it is in the best interest of the City of Los Angeles Harbor Department to waive the Harbor’s Leasing Policy concerning rent in exchange for the services and community benefits provided by Eastview Little League, Inc.; (3) Approve Revocable Permit No. 21-17 with Eastview Little League, Inc.; (4) Authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 21-17; and (5) Adopt Resolution No. ______________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Industrial Temporary Entry and Use Permit No. 1867 (TEUP 1867) with Geosyntec Consultants, Inc. (Geosyntec) for geotechnical subsurface investigation at the backland located at Berths 191-194. Geosyntec proposes to conduct the work on behalf of Ecocem, who is preparing a California Environmental Quality Act (CEQA) assessment for a low-carbon cement processing facility. The purpose of the geotechnical investigation is to provide data necessary to further design. TEUP 1864 would entitle Geosyntec access to the site for one month and require no compensation.
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 Classes 4(7) and 6 of the Los Angeles City CEQA Guidelines; (2) Approve Temporary Entry and Use Permit No. 1867 with Geosyntec Consultants, Inc.; (3) Authorize the Executive Director to execute and the Board Secretary to attest to Temporary Entry and Use Permit No. 1867; and (4) Adopt Resolution No. ______________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval to exercise the first of two, five-year extension options to Permit No. 899 (P899) with Pacific Battleship Center (Pacific Battleship), a museum and educational facility. P899 has a ten-year term that commenced May 25, 2012, and two five-year options to extend the term. Pacific Battleship has been on holdover since May 25, 2022.
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) of the Los Angeles City CEQA Guidelines; (2) Approve the option to extend Permit No. 899 with Pacific Battleship Center; (3) Approve a waiver for the annual paid attendee condition for 2020 and 2021, as outlined under Section 2.3 (b) of Permit No. 899; (4) Authorize the Executive Director to execute the extension letter for Permit No. 899; and 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 Apex Logistics International, Inc. (Apex), to operate its facility within FTZ No. 202, Site 64, located at 2805 W. El Segundo Boulevard, Hawthorne, CA 90250. The 0.18 acre property includes warehouse and office space, approximately 15 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 Apex (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 Apex Logistics International, Inc.; (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. ______________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the proposed Right of Entry Permit (ROE) with the City of Long Beach Harbor Department (i.e., the Port of Long Beach). The ROE would grant the Port of Long Beach the right to enter 10,913 square feet of City of Los Angeles Harbor Department (Port of Los Angeles) property located north of Seaside Avenue and west of New Dock Street on Terminal Island for purposes of constructing its Terminal Island Wye rail realignment project. The Port of Long Beach granted the Port of Los Angeles a comparable right of entry instrument for access to Port of Long Beach-owned property so that the Port of Los Angeles could construct the Pier 400 lead track project. The rights and obligations set forth in this action are substantially reciprocal in nature. The Ports of Los Angeles and Long Beach plan to present a separate real estate transaction to each respective Board of Harbor Commissioners concerning a conveyance of right of way for these rail projects. e.g. conveyance of easements and/or fee title interest. This ROE enables the Port of Long Beach to commence its construction while the larger transaction is being finalized. There will be no compensation charged to the Port of Long Beach under the proposed ROE and the potential term is up to five years. The Port of Long Beach plans to present this ROE to the Long Beach Board of Harbor Commissioners for approval on July 25, 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 Section 15301 of the State CEQA Guidelines; (2) Approve the proposed Right of Entry Permit with City of Long Beach Harbor Department; (3) Authorize the Executive Director to execute and the Board Secretary to attest to proposed Right of Entry Permit; and (4) Adopt Resolution No. ______________.
Regular Items (8 – 11)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Second Amendment to Permit No. 896 (P896) with Crafted at the Port of Los Angeles (Crafted), a visitor-serving arts and crafts public marketplace and tourist attraction. P896 has a 25-year term that commenced December 16, 2011, with two five-year options to extend. The proposed Second Amendment would amend the Fourth Compensation Period within P896. Currently, the Fourth Compensation Period occurs over a five-year term from September 1, 2020 through and including August 31, 2025, and the Fifth Compensation Period begins on September 1, 2025. If approved, the Second Amendment would extend the term from five years to eight years and bifurcate the Fourth Compensation Period into two periods. Period 1 would run from September 1, 2020 through August 31, 2023, and Period 2 would run from September 1, 2023 through August 31, 2028. The subsequent Fifth Compensation Period would then begin on September 1, 2028. The proposed Second Amendment will neither change the original 25-year term of P896, nor will it change the terms associated with the two five-year options to extend.
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(14) of the Los Angeles City CEQA Guidelines; (2) Approve the Second Amendment to Permit No. 896 with Crafted at the Port of Los Angeles; (3) Direct the Board Secretary to transmit the Second Amendment to Permit No. 896 with Crafted at the Port of Los Angeles to the City Council for approval pursuant to Section 606 of the City Charter; (4) Authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Permit No. 896; and (5) Adopt Resolution No. ___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Order resetting compensation for Permit No. 896 (P896) with Crafted at the Port of Los Angeles (Crafted), a visitor-serving arts and crafts public marketplace and tourist attraction. P896 has a 25-year term that commenced December 16, 2011, with two five-year options to extend. The proposed Order resetting compensation is for the three-year period effective September 1, 2020, through and including August 31, 2023. Proposed compensation under this compensation reset is the greater of the minimum annual rental amount of $50,000, or percentage of gross receipts. The minimum monthly rental amount will be adjusted annually thereafter by the greater of either Consumer Price Index (CPI) or the Economic Performance Method for the remainder of the compensation period. The Economic Performance Method is determined by setting the minimum annual compensation by applying a 25 percent discount to the annual average of past three years’ compensation.
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 Order resetting compensation under Permit No. 896 with Crafted at the Port of Los Angeles for the three-year period of September 1, 2020 through August 31, 2023; (3) Authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 896; and (4) Adopt Resolution No. ____________________ and Order No. ________________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval to enter into an Agreement with SWA Group, Inc. (SWA) to provide expertise in urban design, planning, architecture, landscape, and public transportation to support the City of Los Angeles Harbor Department (Harbor Department) in developing the San Pedro Waterfront Connectivity Plan (Connectivity Plan). The term of the proposed Agreement is one year and the not-to-exceed compensation amount is $498,000. The recommendation to select SWA was based on a Request for Proposal (RFP) process performed by the Harbor Department. The Harbor Department is financially responsible for this 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, it is more feasible for outside contractors to perform this work than City employees; (3) Approve the Agreement with SWA Group, Inc. for a term of one year and a not-to-exceed compensation amount of $498,000; (4) Authorize the Executive Director to execute and the Board Secretary to attest the said Agreement for and on behalf of the Board; and (5) Adopt Resolution No. ______________.
Environmental Management
Summary: Staff requests approval of the proposed Agreement with Wood Environment & Infrastructure Solutions, Inc. (Wood), to conduct biological surveys of the Long Beach and Los Angeles Harbors (Harbors). The total cost associated with the 2023 Biological Survey is $1,515,000, which will be shared equally between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB). POLB staff recommended to its Board that it approve a separate contract with Wood for $757,500. Approval of the proposed Agreement will authorize a three-year contract for an amount not-to-exceed $757,500. The Harbor Department is financially responsible for expenses incurred under the proposed Agreement.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City CEQA Guidelines; (2) Find that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants rather than by City employees; (3) Approve the Agreement with Wood Environment & Infrastructure Solutions, Inc. for a term of three years and a total not-to-exceed amount of $757,500; (4) Authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) 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 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
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 Successor Permit to Permit No. 520 with LA Sky Harbor, LLC:
Property: 2800 Via Cabrillo Marina, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Michael Galvin
Negotiating Parties: Frank Yuan
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 Memorandum of Understanding with the City of Los Angeles Department of General Services on behalf of the Los Angeles Fire Department:
Property: Various
City Negotiator: Marisa Katnich
Tenant Negotiator: Amy Benson
Negotiating Parties: City and Department of General Services
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 Compensation Reset under Permit 827 with APM Terminals Pacific, LLC:
Property: 2500 Navy Way, San Pedro
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Jon Poelma
Negotiating Parties: City and APM Terminals Pacific 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 Successor Permit to Permit 692 with Yusen Terminals, LLC:
Property: 701 New Dock Street, Terminal Island
City Negotiators: Michael DiBernardo/Marisa Katnich
Tenant Negotiator: Alan McCorkle
Negotiating Parties: City and Yusen Terminals LLC
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to 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
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Lease 915 with San Pedro Public Market LLC:
Property: Berths 74-83, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Eric Johnson
Negotiating Parties: City and San Pedro Public Market LLC
Under Negotiation: Price and Terms
11. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Executive Director
L. Adjournment