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
SPECIAL MEETING AGENDA
THURSDAY, OCTOBER 20, 2022 AT 11:30 AM
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.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
UPDATED INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Members of the public can provide a live comment by calling (310) 732-3444. Commission Staff will be available to receive your call and provide Zoom meeting access information. If Commission Staff is not available to receive your call, please leave a voicemail at (310) 732-3444 with your name and your telephone number for a return call. Please note that phone call comments regarding Open Session can be accepted up until the item is considered by the Board.
- Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine if such period of time should be reduced or extended based upon, but not limited to, such factors as the length of the agenda or substance of the agenda items, the quantity of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable and/or the Board is at risk of losing a quorum, among other factors. Upon request, non-English speakers will be granted additional speaking time for translation assistance.
- Written comments or materials may be submitted by emailing commissioners@portla.org. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered into the official meeting minutes. Please submit your written comments prior to 4:00pm on the day before the scheduled meeting.
- NOTICE TO PAID REPRESENTATIVES - If you are compensated to monitor, attend, or speak at this meeting, City law may require you to register as a lobbyist and report your activity. See Los Angeles Municipal Code §§ 48.01 et seq. More information is available at ethics.lacity.org/lobbying. For assistance, please contact the Ethics Commission at (213) 978-1960 or ethics.commission@lacity.org.
- As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required.
- If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: commissioners@portla.org, un día antes de la junta, o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444 para grabar su mensaje. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
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 October 6, 2022
- Special Alameda Corridor Transportation Authority Governing Board Meeting of October 13, 2022
G. Approval of the Minutes
None
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Proposed Consent Items (1 – 5)
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Order assigning Permit No. 919 from H.S. Seafood, Inc. (HS Seafood) to Standard Fisheries Corp. dba Standard Fish Company (Standard Fish), a California corporation. Permit No. 919 was granted to HS Seafood for a term of eight years, effective February 28, 2018. The permit entitles HS Seafood to the right to use City of Los Angeles Harbor Department (Harbor Department) Stall No. 4 at the Berth 72 Municipal Fish Market in San Pedro for unloading of wet-fish products from commercial fishing vessels, processing and loading of wet-fish products, wholesale fish and seafood sales, and storage of materials related to the fishing industry and for purposes incidental thereto. If the proposed Order is approved, Standard Fish will pay an assignment fee in the amount of $18,829 to the Harbor Department and monthly rent of $3,622.07 with Consumer Price Index increases occurring on March 1 each year.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed actions are 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 assigning Permit No. 919 from H.S. Seafood, Inc. to Standard Fisheries Corp. dba Standard Fish Company, a California corporation.; (3) Authorize the Executive Director to execute and the Board Secretary to attest to the Order assigning Permit No. 919 from H.S. Seafood, Inc. to Standard Fisheries Corp. dba Standard Fish Company, a California corporation; and (4) Adopt Resolution No._________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of the proposed Third Amendment to Permit No. 899 (P899) with Pacific Battleship Center (Pacific Battleship), a museum and educational facility commonly referred to as the USS Iowa. Upon execution of P899, Pacific Battleship had a ten-year term that commenced May 25, 2012, with two five-year options to extend the term. Pacific Battleship exercised the first five-year option to extend the term of P899 to May 25, 2027, which is still awaiting City Council approval. If approved, the proposed Amendment will require the City of Los Angeles Harbor Department (Harbor Department) to provide 100 parking passes to Pacific Battleship at no cost, and require Pacific Battleship to provide an annual written report every January 31st. Currently, Pacific Battleship is required to report monthly. The 100 no-cost parking passes represent an increase of 60 additional parking passes relative to the 40 no-cost parking passes currently provided to USS Iowa staff and volunteers.
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(3) and Class 1(14) of the Los Angeles City CEQA Guidelines; (2) Approve the Third Amendment to Permit No. 899 with Pacific Battleship Center; (3) Direct the Board Secretary to transmit the Third Amendment to Permit No. 899 to 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 Third Amendment to Permit No. 899 upon approval by the City Council; and (5) Adopt Resolution No. _________ .
Cargo Marketing
Summary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating Agreement No. 17-3510 between the City of Los Angeles Harbor Department (Harbor Department) and CNS Enterprises, Inc. (CNS) to continue operating its facility within FTZ 202, Site 50, located at 7709 Industry Avenue, Pico Rivera, CA 90660. The Harbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site operators to oversee their FTZ operations. CNS’ current FTZ Operating Agreement No. 17-3510 expired on September 30, 2022. The First Amendment will extend the Operating Agreement by five years. CNS requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department must execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 50 consists of a 0.56 acre site with approximately 24,500 square feet of warehousing and office space located 25 miles from the Port of Los Angeles. CNS will operate its facility under FTZ procedures as a single-usage site. The proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $10,000 annually from CNS (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 First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3510 between the City of Los Angeles Harbor Department and CNS Enterprises, Inc.; (3) Direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3510 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 First Amendment to Foreign-Trade Zone Operating Agreement No. 17-3510; and (5) Adopt Resolution No._____________.
Construction
Summary: Staff requests approval of Amendments to Agreements between the City of Los Angeles and the consultants performing on-call construction management services as follows:
- First Amendment to Agreement No. 19-3678 with Arcadis U.S., Inc. (Arcadis),
- First Amendment to Agreement No. 19-3679 with Berg & Associates, Inc. (Berg),
- Second Amendment to Agreement No. 19-3680 with Anser Advisory Management, LLC (Anser),
- First Amendment to Agreement No. 19-3681 with Harris & Associates, Inc. (Harris), and
- First Amendment to Agreement No. 19-3682 with Integrate Engineering Management (IEM)
The proposed Amendments would increase the term of each Agreement for an additional two years for a total duration of seven years, and an increase to the agreement amounts of $2,000,000, resulting in a total agreement amount of $4,000,000 for each agreement. In total, aggregate compensation under the five agreements would increase by $10,000,000, from $10,000,000 currently to $20,000,000 as proposed. The Port is responsible for all compensation required by these agreements.
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, work under the Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) Approve the First Amendment to Agreement Nos. 19-3678, 19-3679, 19-3681, 19-3682, and the Second Amendment to Agreement No. 19-3680, extending agreement durations an additional two years for a total duration of seven years, and an increase to the agreement amounts of $2,000,000, resulting in a total agreement amount of $4,000,000 for each agreement; (4) Authorize the Executive Director to execute and the Board Secretary to attest said Amendments for and on behalf of the Board; (5) Authorize and direct the Board Secretary to forward the Amendments to the City Council for its approval pursuant to Section 373 of the City Charter; and (6) Adopt Resolution No. _______________.
Environmental Management
Summary: Staff requests approval of the proposed Third Amendment to Agreement No. 16-3431 between the City of Los Angeles Harbor Department (Harbor Department) and Tetra Tech, Inc. (Tetra Tech). Tetra Tech currently provides concession, grant administration, and support services for the Clean Truck Program (CTP) at the Port of Los Angeles (Port). This action will amend Agreement No. 16-3431 to add $830,000 in total compensation and update the Scope of Work. CTP expenditures are offset each year by CTP Concession Application Fees, Annual Truck Fees, and Day Pass Fees, which have averaged approximately $2,000,000 in revenue annually. The Harbor Department is financially responsible for payment of the expenses incurred under the proposed Third Amendment.
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) Approve the Third Amendment to Agreement No. 16-3431 with Tetra Tech, Inc. for Clean Truck Program Administration Services; (3) Direct the Board Secretary to transmit the Third Amendment to the City Council for approval pursuant to City Charter Section 606; (4) Authorize the Executive Director to execute and the Board Secretary to attest to said Third Amendment for and on behalf of the Board; and (5) Adopt Resolution No.________.
Proposed Regular Items (6 – 8)
Commission Office
Recommendation: Board resolve to (1) adopt Resolution No. ____________.
Construction
7. RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT. CONTRACTOR: GRIFFITH COMPANY. FRONT STREET BEAUTIFICATION. SPECIFICATION NO. 2761A
Negotiating Parties: City and China Shipping Holding Company, Ltd.
Summary: Staff requests approval of an award of a contract (Contract) to Griffith Company (Griffith) for the Front Street Beautification Project (Project). The Project consists of constructing improvements along a 2,655 linear foot pathway beginning at Regan Street and along Front Street to Pacific Avenue, including, but not limited to, selective site demolition and removals, grading, lighting, landscaping, irrigation, removing and replacing topsoil, and installing new fencing along the east side of the Project length. The lowest responsive and responsible bidder is Griffith Company, located at 12200 Bloomfield Ave, Santa Fe Springs, California 90670. The Contract amount of $5,629,020, plus a 15% contingency, is $6,473,373 and the Contract duration is 360 calendar days. Payment of expenses incurred under the 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) Find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) Award and approve, Specification No. 2761A for Item Nos. 1 through 20 of the Bid Proposal Line Items to Griffith for $5,629,020; that a 15% contingency not included in the original Contract amount, be applied for a total authorization of $6,473,373; and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 360 calendar days; (4) Authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) Delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) Adopt Resolution No. ________________.
Environmental Management
Summary: Staff requests adoption of the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Star-Kist Cannery Facility Project (Project) along with comments and responses to comments, and approval of the proposed Project as described in the Final IS/MND. The proposed Project involves demolition of the former Star-Kist cannery facilities on an approximately 14-acre site on Terminal Island within the Port of Los Angeles (Port). For the purposes of this evaluation, it is assumed that the site will be developed as a chassis repair and maintenance depot, which is consistent with the Port Master Plan (PMP) designation of maritime support. The demolition area would be covered with crushed miscellaneous base (CMB) until such time when the area is ready for development. The City of Los Angeles Harbor Department (Harbor Department) has attempted to reuse these facilities through the Request for Proposal process several times, and no viable options have been found. Demolition has been deemed necessary to create a parcel of land that is more marketable for future development, to reuse and capitalize the site more efficiently, and to remove safety hazards posed from leaving the cannery buildings erect and vacant. Payment of the costs associated with the Final IS/MND as well as the costs associated with the proposed Project are the responsibility of the Harbor Department.
Recommendation: Board resolve to (1) Find that, pursuant to the State California Environmental Quality Act Guidelines (CEQA) Section 15074, the Final Initial Study/Mitigated Negative Declaration for the Star-Kist Cannery Facility Project, (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the Star-Kist Cannery Facility Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) Find that, based on the whole record before it, including (a) the information contained in this report and (b) the Final Initial Study/Mitigated Negative Declaration for the Star-Kist Cannery Facility Project, the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) Find that all information added to the Final Initial Study/Mitigated Negative Declaration after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and that recirculation is not necessary; (4) Adopt the Final Initial Study/Mitigated Negative Declaration for the Star-Kist Cannery Facility Project;
(5) Adopt the Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and State California Environmental Quality Act Guidelines Section 15074. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the City of Los Angeles Harbor Department as lead agency and other applicable entities, to monitor and verify project compliance with those mitigation measures and conditions of project approval; (6) Authorize the Environmental Management Division to file the Notice of Determination for the Star-Kist Cannery Facility Project with the Office of Planning and Research State Clearinghouse and the Los Angeles County Clerk; and (7) Adopt Resolution No. ______________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Carlos Saldana v. City of Los Angeles and Eugene Seroka
Los Angeles Superior Court Case No. 21STCV27774
U.S. District Court Case No. 21-cv-09577
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 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
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 Proposed Sale of Harbor Department-Owned Surplus Remnant Property to Los Angeles Bunker Surveyors, Inc., Adjacent Property Owner:
Property: 119-127 W. Harry Bridges Boulevard, Wilmington
City Negotiators: Michael Galvin
Tenant Negotiator: Edward Chen
Negotiating Parties: City and Los Angeles Bunker Surveyors, 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 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 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
11. 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
12. 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
L. Adjournment