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 25, 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
Convene in Memory – Thomas Crenshaw, C&M
OPEN SESSION
A. Roll Call
B. Election of Officers
PURSUANT TO SECTION 503(A) OF THE CITY OF LOS ANGELES CHARTER, THE BOARD SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT AND ONE VICE PRESIDENT.
OFFICERS SHALL HOLD OFFICE FOR ONE YEAR AND UNTIL THEIR SUCCESSORS ARE ELECTED, UNLESS THEIR MEMBERSHIP ON THE BOARD EXPIRES SOONER. ELECTIONS SHALL BE HELD DURING ITS LAST MEETING IN JULY* OF EACH YEAR, BUT THE BOARD MAY FILL THE UNEXPIRED TERM OF ANY VACANCY OCCURRING IN THE OFFICE OF PRESIDENT OR VICE-PRESIDENT AT ANY MEETING.
THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY FOR THE POSITIONS OF PRESIDENT AND VICE PRESIDENT.
PRESIDENT: _________________________________________
VICE PRESIDENT: ____________________________________
*OR AS SOON THEREAFTER AS FEASIBLY POSSIBLE
C. Executive Director Remarks
D. Comment from the Public on Non-Agenda Items
E. 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.
F. Reports of the Commissioners
G. Board Committee Reports
None
H. Approval of the Minutes
- Regular Meeting of August 11, 2022
- Special Meeting of August 11, 2022
I. Presentation
None
J. Level I Coastal Development Permit
None
K. Board Reports of the Executive Director
Consent Items (1 – 7)
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Commission Office
Recommendation: Board resolve to (1) adopt subject Resolution No.____________.
Environmental Management
Summary: Staff requests approval of a proposed Reimbursement Agreement (Agreement) with SA Recycling, LLC (SA Recycling) 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 document associated with a lease extension at the SA Recycling facility located at 901 New Dock Street (Project). The proposed Agreement is for a term of three years with an estimated amount of $500,000. SA Recycling 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 SA Recycling, LLC to reimburse the City of Los Angeles Harbor Department for preparation of the environmental assessment for the SA Recycling facility at 901 New Dock Street for a contract term of three years and for an estimated base amount of $500,000; (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.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the First Amendment to Lease Agreement No. A17-3512 (Agreement) for the City of Los Angeles Harbor Department (Harbor Department) to continue leasing from the Archdiocese of Los Angeles Education & Welfare Corporation (Archdiocese) approximately 920 square feet of storage space at the Saint Peter and Paul School for air quality measurement activities. Since 2005, the Harbor Department's Environmental Management Division (EMD) has conducted monitoring for various pollutants and meteorological conditions at the Saint Peter and Paul School (Site) located at 706 Bayview Avenue in Wilmington. The Harbor Department uses the Site to conduct air quality measurement activities in the Wilmington community as part of the Port of Los Angeles' (Port) Air Quality Monitoring Program. The proposed First Amendment will extend the lease for an additional five years to September 13, 2027. The compensation rate will be $1,200 per month ($14,400 per year), with no adjustments during the five-year term. The Harbor Department is responsible for payment of $1,200 per month to the Archdiocese.
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) and Class 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the First Amendment to Lease Agreement No. A17-3512 with the Archdiocese; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment for and on behalf of the Board; and (4) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the Order resetting compensation under Permit No. 899 (P899) with Pacific Battleship Center (PBC). P899 has a ten-year term that commenced May 25, 2012, and two, five-year options to extend the term. PBC has been on holdover since May 25, 2022. Staff is concurrently processing a recommendation to exercise the first option to renew the permit for an additional five-year period based on the terms of the Agreement. Under the proposed Order, Year 1 minimum annual rent will remain unchanged at $111,348.89. Effective May 25, 2023, and annually thereafter through and including May 25, 2026, the minimum monthly rental amount will be adjusted by the annual change in the Consumer Price Index (CPI). Annual rent will continue to be the greater of the annual minimum or four percent of gross receipts. The proposed Order would be effective for a five-year period from May 25, 2022 through May 24, 2027.
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. 899 with Pacific Battleship Center for the five-year period of May 25, 2022 through May 24, 2027; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 899 with Pacific Battleship Center; and (4) adopt Resolution No.__________ and Order No.____________.
City Attorney
Summary: The Office of the City Attorney (Office) requests approval of the Third Amendment to Agreement No. 19-3675 (Third Amendment) between the City Los Angeles Harbor Department (Harbor Department) and AlvaradoSmith PC (AlvaradoSmith). The proposed Third Amendment extends the term by three years with no change in compensation. The current term of the Agreement is September 18, 2019 to September 17, 2022. The amended term would be September 18, 2019 to September 17, 2025. The additional authority and term is necessary for ongoing litigation support for Juan Solorio v. City of Los Angeles, 21STCV38128 C22-00676 (C-1937). Because of the term extension, pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code, the Third Amendment would require approval by the Board of Harbor Commissioners as well as the City Council. The Harbor Department will be financially responsible for payment for legal services rendered under Agreement No. 19-3675.
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 in accordance with 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 employees; (3) approve the Third Amendment to Agreement No. 19-3675 with AlvaradoSmith, extending the term of the Agreement by three years, for a total term of six years (September 18, 2019 to September 17, 2025); (4) authorize and Direct the Board Secretary to forward the Third Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter and Section 10.5 of the Los Angeles City Administrative Code; (5) authorize the Executive Director and Board Secretary to execute and attest to the Second Amendment; and (6) adopt Resolution No.___________.
Construction & Maintenance
Summary: Staff requests approval of Contract No.39967 with Kone Inc. of Costa Mesa, California, to modernize and renovate the elevator control, equipment, and wiring for Elevator No. 2 at Berth 93. The amount of this agreement shall not exceed $259,185, and the contract will continue until this project is complete. The Harbor Department will be financially responsible for costs incurred under the proposed contract.
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(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 Kone, Inc. utilizing Kansas City, Missouri General Services Department Contract No. EV2516 cooperative agreement with Kone, Inc. and Los Angeles World Airport (LAWA) Contract No. DA-5437; (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. 39967 with Kone, Inc. in the amount of $259,185; (5) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39967 for and on behalf of the Board; and (6) adopt Resolution No.____________.
Regular Items (8 – 11)
Environmental Management
Summary: Staff requests approval of the proposed Agreements with Aspen Environmental Group (Agoura Hills, CA), Castle Environmental Consulting, LLC (Los Angeles, CA), CDM Smith Inc. (Los Angeles, CA), Dudek (Pasadena, CA), ICF Jones & Stokes, Inc. (Los Angeles, CA), Leidos, Inc. (San Diego, CA), and Ramboll US Consulting, Inc. (Los Angeles, CA) to provide the City of Los Angeles Harbor Department (Harbor Department) with as-needed environmental documentation and special studies. This action will authorize seven as-needed agreements, each for a three-year term, with a combined total not-to-exceed amount of $18,000,000. The Harbor Department is financially responsible for payment of expenses incurred under the proposed Agreements. The Harbor Department will seek reimbursement from third parties whenever possible, for the preparation of environmental documents.
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 Agreements can be performed more feasibly by independent consultants rather than by City of Los Angeles employees; (3) approve the Agreement with Aspen Environmental Group for a term of three years for the total not-to-exceed amount of $3,500,000; (4) approve the Agreement with Castle Environmental Consulting, LLC for a term of three years for the total not-to-exceed amount of $750,000; (5) approve the Agreement with CDM Smith Inc. for a term of three years for the total not-to-exceed amount of $3,000,000; (6) approve the Agreement with Dudek for a term of three years for the total not-to-exceed amount of $2,000,000; (7) approve the Agreement with ICF Jones & Stokes, Inc. for a term of three years for the total not-to-exceed amount of $2,500,000; (8) approve the Agreement with Leidos, Inc. for a term of three years for the total not-to-exceed amount of $4,000,000; (9) approve the Agreement with Ramboll US Consulting, Inc. for a term of three years for the total not-to-exceed amount of $2,250,000; (10) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (11) adopt Resolution No.___________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of a Second Memorandum of Understanding Agreement No. 21-9799 (Second MOU) with the Housing Authority of the City of Los Angeles (HACLA) for the Harbor Boulevard Parkway Improvements Project (Project). The Project will improve approximately 15,600 square feet of underutilized rail right-of-way into park space that expands upon the LA Waterfront’s Harbor Boulevard Parkway. The Second MOU is required at this time in order to incorporate final permits and approvals, Project design and remaining party responsibilities. Under the Second MOU, the Harbor Department will agree to provide on-going maintenance for the Project upon construction completion. If the proposed Second MOU is approved, then the Harbor Department will be financially responsible for estimated incremental maintenance costs of $20,000 per year after the Project is completed.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt and has been previously evaluated pursuant to the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Second Memorandum of Understanding Agreement No. 21-9799 with the Housing Authority of the City of Los Angeles; (3) direct the Board Secretary to transmit the Second Memorandum of Understanding Agreement No. 21-9799 to the City Council for approval pursuant to Section 373 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Second Memorandum of Understanding Agreement No. 21-9799 upon approval by City Council; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Temporary Entry and Use Permit No. 1874 (TEUP 1874) with the Housing Authority of the City of Los Angeles (HACLA), a public body, and their contractor Lucas Builders, Inc. (Lucas Builders) for construction of the Harbor Boulevard Parkway Improvements Project (Project). The Project improves approximately 15,600 square feet of underutilized rail right-of-way into park space that expands upon the LA Waterfront’s Harbor Boulevard Parkway. Lucas Builders will conduct the work on behalf of HACLA. TEUP 1874 would entitle HACLA and Lucas Builders access to the site for eight months and require no compensation.
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 Temporary Entry and Use Permit No. 1874 with the Housing Authority of the City of Los Angeles and Lucas Builders, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Temporary Entry and Use Permit No. 1874; and (4) adopt Resolution No.___________.
City Attorney
Summary: The Office of the City Attorney (Office) requests approval for a Fourth Amendment (Amendment) to Agreement No. 19-3668 with Nossaman LLP (Nossaman). The proposed Fourth Amendment increases the compensation by $500,000 with no change in term. The additional compensation is necessary to support ongoing litigation support for the case entitled Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al (state court action identified as Superior Court Case No. 21STCV15500) as well as new legal services required for the China Shipping Permit No. 999. The additional compensation will increase the existing compensation from $1,773,650 to a total of $2,273,650. The Harbor Department will be financially responsible for payment of expenses under the proposed Fourth 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) find in accordance to 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 employees; (3) approve the Fourth Amendment to Legal Services Agreement No. 19-3668 with Nossaman LLP, to increase the compensation by $500,000 from $1,773,650 to $2,273,650 with no change in term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Fourth Amendment; and (5) adopt Resolution No.___________.
L. 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 a proposed permit with LA Sky Harbor, LLC:
Property: 2800 Via Cabrillo Marina, San Pedro
City Negotiators: Michael Galvin
Tenant Negotiator: Frank Yuan
Negotiating Parties: City and LA Sky Harbor, 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 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
8. 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
M. Adjournment