Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, AUGUST 24, 2023 AT 9:00 AM
Board of Harbor Commissioners
Lucille Roybal-Allard, President
Diane L. Middleton, Vice President
Michael Muñoz
Edward R. Renwick
I. Lee Williams
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
None
G. Approval of the Minutes
- Regular Meeting of August 10, 2023
H. Presentation
- Market Share – Gene Seroka
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Item No. 1
Cargo Marketing
Summary: Staff requests approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department and LAXFuel Corporation, to operate its facility within FTZ No. 202, Site 25, located at 9900 Laxfuel Road, Los Angeles, CA 90045. Site 25 consists of various liquid bulk terminal refineries, storage tanks, and pipelines totaling 710.8 acres. Site 25 includes three liquid bulk terminals located on Harbor Department properties at Berths 118,119,167,168,169,188, and 189.
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 Harbor Department and LAXFuel Corporation; (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. __________________ .
Regular Items (2 – 3)
Cargo Marketing
Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4, Section Six “Passenger Fees”, Item 600, approving 1) a five-year rate schedule with an annual three percent rate increase; 2) an adjustment to the effective date of each annual increase from September 1 to July 1 to coincide with the Port’s fiscal year; and 3) an exemption from General Rate Increase from the effective date through June 30, 2029. The proposed effective date is July 1, 2024. This Temporary Order is being proposed within the Board of Harbor Commissioners’ authority to adopt rates for up to 90 days. A separate action recommends a Permanent Order and Ordinance for approval by the Board and City Council, which are required to make effective changes to Tariff No. 4 beyond the Temporary Order’s 90-day effective period.
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(31) of the Los Angeles City CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Six “Passenger Fees”, Item 600, subject to the California Association of Port Authorities (CAPA) review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedures; (3) adopt Temporary Order No. ____________ with an effective date of July 1, 2024, to amend Section Six “Passenger Fees”, Item 600, in the Port of Los Angeles Tariff No. 4; (4) authorize the Board Secretary to certify the adoption of Temporary Order by the Board of Harbor Commissioners and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect on July 1, 2024, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b), and post the Temporary Order circular to the Port of Los Angeles website; and (5) adopt Resolution No. __________________ .
Cargo Marketing
Summary: Staff requests approval of a Permanent Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff No. 4), Section Six “Passenger Fees”, Item 600, approving 1) a five-year rate schedule with an annual three percent rate increase; 2) an adjustment to the effective date of each annual increase from September 1 to July 1 to coincide with the Port’s fiscal year; and 3) an exemption from General Rate Increases (GRI) from the effective date through June 30, 2029. The proposed effective date is July 1, 2024.
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(31) of the Los Angeles City CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4 revising Section Six “Passenger Fees”, Item 600, subject to the California Association of Port Authorities review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedures; (3) adopt Permanent Order No. ____________ to amend Section Six “Passenger Fees”, Item 600, in the Port of Los Angeles Tariff No. 4; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order and the Ordinance approving and authorizing the amendment to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (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 LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al.
United States District Court Case No. 2:20-cv-03251
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Third Amendment to Permit 953 with Everglades Company Terminal, Inc.:
Property: Berths 121-126, San Pedro
City Negotiator: Marisa Katnich
Tenant Negotiator: Tom VanEynde
Negotiating Parties: City and Everglades Company Terminal, Inc.
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 Max InterAmericas, Inc. dba Flare Logistics, Inc., Five-Year Review of Permit 927
Property Location: 1665 East I Street, Wilmington CA 90744
City Negotiator: Marisa Katnich
Tenant Negotiator: Frank Paredes
Negotiating Parties: City and Max InterAmericas, Inc. dba Flare Logistics, Inc.
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 California Yacht Marina, Permit 801 Amendment
Property Location: Berth 202
City Negotiator: Michael Galvin
Tenant Negotiator: R. Kevin Ketchum
Negotiating Parties: City and California Yacht Marina
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 Cerritos Yacht Anchorage, Inc., Permit 805 Amendment
Property Location: Berth 205C
City Negotiator: Michael Galvin
Tenant Negotiator: Shannon Quick
Negotiating Parties: City and Cerritos Yacht Anchorage, 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 Holiday Harbor Wilmington, Permit 808 Amendment
Property Location: Berth 201
City Negotiator: Michael Galvin
Tenant Negotiator: Kris L. Kazarian
Negotiating Parties: City and Holiday Harbor Wilmington
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 Island Yacht Anchorage Inc. I, Permit 802 Amendment
Property Location: Berth 205D
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage Inc. I
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 Island Yacht Anchorage, Inc. II, Permit 825 Amendment
Property Location: Berth 200X
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage, Inc. II
Under Negotiation: Price and Terms
13 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Leeward Bay Marina, Permit 921 Amendment
Property Location: Berth 200I
City Negotiator: Michael Galvin
Tenant Negotiator: David Perel
Negotiating Parties: City and Leeward Bay Marina
Under Negotiation: Price and Terms
14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Lighthouse Yacht Landing, Inc., Permit 803 Amendment
Property Location: Berth 205B
City Negotiator: Michael Galvin
Tenant Negotiator: Barbara Gleason
Negotiating Parties: City and Lighthouse Yacht Landing, Inc.
Under Negotiation: Price and Terms
15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Pacific Yacht Landing, Permit 804 Amendment
Property Location: Berth 203
City Negotiator: Michael Galvin
Tenant Negotiator: David Perel
Negotiating Parties: City and Pacific Yacht Landing
Under Negotiation: Price and Terms
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Yacht Centre, Inc., Permit 807 Amendment
Property Location: Berth 204
City Negotiator: Michael Galvin
Tenant Negotiator: Guy Newmark
Negotiating Parties: City and Yacht Centre, Inc.
Under Negotiation: Price and Terms
17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Yacht Haven Marina, Inc., Permit 806 Amendment
Property Location: Berth 202
City Negotiator: Michael Galvin
Tenant Negotiator: Tony Duni
Negotiating Parties: City and Yacht Haven Marina, Inc.
Under Negotiation: Price and Terms
L. Adjournment