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, SEPTEMBER 8, 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: Gary Toebben
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
None
G. Approval of the Minutes
- Regular Meeting of August 25, 2022
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 6)
City Attorney
Summary: The Office of the City Attorney (Office) at the City of Los Angeles Harbor Department (Harbor) requests approval of a Second Amendment to Agreement No. 19-3690 (Second Amendment) between the Harbor and Kutak Rock LLP (Kutak). The proposed Second Amendment extends the term of the Agreement by six months from 36 months to 42 months with no change in the compensation authority. The Office is conducting a competitive selection process for Bond Counsel which will not be completed prior to the expiration of the current Bond Counsel agreements on September 18, 2022. The additional six months requested for the Agreement with Kutak will cover the time between the Agreement’s expiration date and the execution of new bond counsel contracts. The Harbor Department is financially responsible for payment for legal services rendered under the 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) 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 Second Amendment to Legal Services Agreement No. 19-3690 with Kutak Rock LLP, to extend the term of the agreement by six months; (4) authorize the Executive Director and Board Secretary to execute and attest to the Second Amendment; and (5) adopt Resolution No.___________.
Goods Movement
Summary: Staff requests that the Board of Harbor Commissioners adopt a Resolution providing mutual agreements by approving a Notice of Mutual Agreements (NMA), which enables the Alameda Corridor Transportation Authority (ACTA) to execute two-year extensions of both the current Alameda Corridor (AC) Dispatching Agreement and Police and Security Services Agreement (collectively referred to as Agreements) with the BNSF Railway (BNSF) and Union Pacific Railroad (UPRR). Both Agreements expire on October 14, 2022. The Alameda Corridor (AC) Use and Operating Agreement (UOA) requires that the City of Los Angeles Harbor Department (Harbor Department), Port of Long Beach (POLB), BNSF, and UPRR collectively select the AC train operations dispatcher and security provider via an NMA. There are no financial impacts to the Harbor Department if these NMA are approved, and these current Agreements are extended.
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 NMA 2022-2 that enables ACTA to amend the current Dispatching Agreement with the BNSF and UPRR to extend the term for up to two years, to October 14, 2024; (3) approve NMA 2022-3 that enables ACTA to amend the current Police and Security Services Agreement with the BNSF and UPRR to extend the term for up to two years, to October 14, 2024; (4) direct the Executive Director to transmit this Resolution to ACTA for further action pursuant to the Amended and Restated Alameda Corridor Use and Operating Agreement; and (5) adopt Resolution No.___________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Agreement Re Termination of RP 12-03 (Termination Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Big Heart Pet Brands, Inc., a Delaware corporation (Big Heart) for Revocable Permit No. 12-03 (RP 12-03) concerning premises located near Fish Harbor. The Termination Agreement would document the full and final termination of RP 12-03 and the restoration that has taken place at the Premises. Specifically, the Termination Agreement affects the following: 1) the Harbor Department acknowledges, that except for limited remaining restoration work, and undiscovered contamination as provided in the Termination Agreement, Big Heart satisfied the restoration obligations set forth in RP-12-03; 2) Big Heart is required to remit a restoration payment in the amount of $15,206 in lieu of completing limited remaining restoration work; and 3) Big Heart is released from liability to pay any rent as of April 4, 2019, the date in which staff determined restoration was satisfactorily completed. If the proposed Termination Agreement is approved, Big Heart would be entitled to a reimbursement of $168,598.21, which includes a partial refund of April 2019 rent in the amount of $38,907.28 and May 2019 rent in the amount of $43,230.31, as well as the return of Big Heart’s security deposit of $86,460.62.
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 “Agreement Re Termination of RP No. 12-03”; (3) authorize the Executive Director to execute and the Board Secretary to attest to the “Agreement Re Termination of RP No. 12-03”; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of Revocable Permit (RP) No. 22-09 with General Petroleum, LLC (GP) to use and occupy 47,706 square feet of City of Los Angeles Harbor Department property located on Seaside Avenue at Berth 259 for purposes of operating a marine fuel station. RP No. 22-09 would serve as the successor to GP’s existing RP for the same location. RP No. 22-09 will yield $21,206.69 in monthly revenue to the City of Los Angeles Harbor Department (Harbor Department), subject to annual Consumer Price Index (CPI) increases 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 is generally and 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) authorize the Environmental Management Division to file a Notice of Exemption with the Los Angeles County Clerk and the Los Angeles City Clerk; (3) approve Revocable Permit No. 22-09 with General Petroleum, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 22-09 upon approval by the Board; and (5) adopt Resolution No.___________.
Port Police
Summary: Staff requests approval of Contract No. 39972 with A & H Security Enterprises LLC dba Aerial Armor, Phoenix, AZ to provide an Omni-Directional Weapon Locating (OWL) radar surveillance system. The OWL radar is a counter-drone system designed to detect and monitor Unmanned Aerial System (UAS) flights within a designated area. The system will provide situational awareness, aerial overview of critical infrastructure and public events, and identification of maritime threats to navigation and commerce. The OWL system is compatible with the AeroScope G8 drone counter-measure system purchased in FY 2019. The OWL and AeroScope G8 system will integrate to enhance the Department’s ability to provide early warning of potential UAS threats, capture aircraft data for forensic analysis and criminal investigation, and share real-time information for situational awareness, and incident resolution. The contract with A&H Security Enterprises LLC dba Aerial Armor is outlined in Formal Bid Request Number F-1130. The total contract amount is $162,500 plus applicable taxes. This contract is 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) award and approve Contract No. 39972 to A&H Security Enterprises LLC dba Aerial Armor, for the purchase of the OWL radar surveillance system in the amount of $162,500 plus applicable taxes; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39972 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Regular Items (6 & 7)
Community Relations
Summary: Staff requests approval of the proposed agreement between the City of Los Angeles Harbor Department and Boys & Girls Clubs of the Los Angeles Harbor (Boys & Girls Club) for a Community Investment Grant supporting their educational programs (Agreements). The Boys & Girls Club was selected through the Community Investment Grant Program process. The proposed Agreement is for two years in the amount of $114,000 per year, for a total of $228,000. The Harbor Department is financially responsible for funding under the proposed 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) approve the proposed Agreement with Boys & Girls Clubs of the Los Angeles Harbor for a term of two years and a total not-to- exceed amount of $228,000; (3) authorize the Executive Director and the Board Secretary to execute and attest to the proposed Agreement; and (4) adopt Resolution No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of a Resolution authorizing the Executive Director to grant Revocable Licenses that provide a short-term real estate entitlement for temporary occupancy and use of property for which a Space Assignment or Revocable Permit is not appropriate. Examples include pipeline removal or soil sampling performed on City of Los Angeles Harbor Department (Harbor Department) property. Specifically, staff requests approval for: (1) a Revocable License template; (2) Revocable License Fees and Charges Guidelines; and (3) Executive Director authorization to grant Revocable Licenses on the approved template. The proposed action will not result in any new financial responsibility on behalf 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) approve the template entitled Revocable License; (3) adopt the policy entitled Revocable License Fees and Charges Guidelines; (4) authorize the Executive Director, or designee, to grant Revocable Licenses on the approved template consistent with the adopted policy as set forth more fully in the Board resolution; 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 Revocable Permit 1506 with TTX Company:
Property: 710 Earle Street, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Chad Smart
Negotiating Parties: City and TTX Company
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 proposed permit 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
7. 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: John Ochs
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 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
9. 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
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. 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