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, AUGUST 11, 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
- Audit Committee Meeting of July 28, 2022
G. Approval of the Minutes
- Regular Meeting of July 14, 2022
- Regular Meeting of July 28, 2022
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 & 2)
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit No. 22-08 (RP No. 22-08) with So. Cal. Ship Services (SCSS) for a month-to-month term, subject to Board review at five-year intervals. SCSS will occupy 16,737 square feet of paved land used for storage of maritime related materials on South Seaside Avenue, Terminal Island, and 83,325 square feet of water for mooring of vessels used to service and transport oil company employees to and from off-shore oil platforms. RP No. 22-08 will replace SCSS’s current Revocable Permit No. 20-13, which expires September 30, 2022. Square footage will be unchanged. RP No. 22-08 will yield $184,258.08 in revenue to the City of Los Angeles Harbor Department (Harbor Department) in the first year, with annual Consumer Price Index (CPI) adjustments of no less than three percent thereafter.
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 Revocable Permit No. 22-08 with So. Cal. Ship Services; (3) Authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 22-08 upon approval by the Board, and approval as to form by the City Attorney; and (4) Adopt Resolution No. _________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a proposed dedication of Harbor Boulevard as a public street. As part of the San Pedro Waterfront Program, the Board of Harbor Commissioner’s directed staff at the Board meeting held on June 5, 2014 to move forward with the design of the Sampson Way Roadway Improvements - 7th Street Intersection project. As part of the Sampson Way Improvements Project, Engineering staff submitted an application to the City of Los Angeles Bureau of Engineering (BOE) for a street vacation to allow construction of the Sampson Way Roadway Improvements - 7th Street Intersection project. The City Council approved the request for street vacation with conditions, including the proposed street dedication for the newly constructed intersection at Harbor Boulevard and Miner Street. Dedicating this portion of the street to the City of Los Angeles (City) as a public street is the final condition of the previously approved street vacation.
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 the portion of street to be dedicated is outside the high-tide line and the City of Los Angeles Harbor Department could dedicate it to the City of Los Angeles as a public street; (3) Approve the dedication of City of Los Angeles-owned real property lying on Harbor Boulevard and Miner Street between 7th Street and 11th Street and establish it as a public street of the City of Los Angeles; (4) Authorize the Executive Director to dedicate the newly constructed intersection at Harbor Boulevard and Miner Street to the City of Los Angeles as a public street; and (5) Adopt Resolution No. _________.
Regular Items (3 & 4)
Engineering
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a funding agreement (referred herein as the Funding Agreement (FA) – Transmittal 1) with the US Department of Transportation for $18,184,743 of Port Infrastructure Development Program (PIDP) funds for the Fenix Container Terminal Intermodal Railyard Project. To receive the PIDP funds, the Harbor Department must enter into the proposed FA with the United States Maritime Administration (MARAD). MARAD is the agency within the U.S. Department of Transportation dealing with waterborne transportation and is responsible for administering the grant funds for the PIDP. Upon approval by the Board, the Harbor Department will transmit the FA to MARAD for final approval. The Harbor Department is financially responsible for matching funds in the amount of $17,811,619 as part of the FA.
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 Fenix Container Terminal Intermodal Railyard Project Funding Agreement; (3) Authorize the Executive Director to execute and the Board Secretary to attest to said agreement, for and on behalf of the Board; (4) Authorize the Executive Director to execute future Funding Agreement Amendments to account for revised project schedules, and/or reduced project costs, for and on behalf of the Board, subject to the approval of the City Attorney as to form and legality; and (5) Adopt Resolution No. _________.
Environmental Management
Summary: Staff requests approval of Contract No. 39981 with Thermo Environmental Instruments LLC, headquartered in Franklin, MA, for the purchase of air monitoring instrumentation that will replace and upgrade existing equipment used for monitoring gaseous pollutants at the four monitoring stations that comprise the City of Los Angeles Harbor Department’s (Harbor Department) air monitoring program. The total contract amount is $298,478.08, including applicable taxes. This purchase will be made in accordance with City of Los Angeles Supply Contract No. 59456, Cooperative Purchase Agreement, per the City of Los Angeles Administrative Code Division 10, chapter 1 Article 2, Section 10.15 (a)(8). Contract No. 39981 is a “piggyback” agreement to State of New Jersey Contract 21-FOOD-01690. The Harbor Department is financially responsible for the entire purchase of the air monitoring instrumentation.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is generally, administratively, and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 1 and Section 2(f) and Article III Class 2(2) 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 an agreement with Thermo Environmental Instruments LLC utilizing a current agreement for such goods and services with State of New Jersey Contract No. 21-FOOD-01690, a cooperative purchase agreement; (3) Approve Contract No. 39981 with Thermo Environmental Instruments LLC for the purchase of air monitoring instrumentation in the amount of $298,478.08; (4) Authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39981 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)
Environmental Compliance Solutions, Inc., et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. 21STCV02498
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 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 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)
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to 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
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 853 with City of Los Angeles Department of General Services:
Property: 445 Ferry Street, Terminal Island
City Negotiators: Marisa Katnich
Tenant Negotiator: Amy Benson
Negotiating Parties: City and Department of General Services
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 Memorandum of Understanding with the City of Los Angeles Department of General Services on behalf of the Los Angeles Fire Department:
Property: 330 Ferry Street, Terminal Island
400 Yacht Street, Wilmington
2945 Miner Street, San Pedro
1444 South Seaside Avenue, Terminal Island
444 South Harbor Blvd., San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Amy Benson
Negotiating Parties: City and Department of General Services
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 733 with Fenix Marine Services, Ltd.:
Property: 614 Terminal Way, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Steven Trombley
Negotiating Parties: City and Fenix Marine Services, Ltd.
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
11. 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
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 907 with SSA Pacific, Inc.
Property: Berths 53-55, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Bill Fitz
Negotiating Parties: City and SSA Pacific, Inc.
Under Negotiation: Price and Terms
L. Adjournment