Board Meeting

 

 

D.        Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles
           Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.

Summary: Staff requests approval of the Fourth Amendment to Permit No. 624 (P624) with 22nd Street Landing Partners, LLC (22nd Street Landing), a sport fishing landing and restaurant.  P624 has a 30-year term that commenced on November 27, 1987, and will expire on November 26, 2026. The proposed Fourth Amendment will include revisions to P624’s tenant name and increase in its premises for additional staff parking spaces and outdoor dining area to comply with COVID-19 orders closing in-door dining. 22nd Street Landing filed an Amendment to Articles of Organization of a Limited Liability Company (LLC) with the California Secretary of State on November 25, 2019 changing its name from 22nd Street Landing Partners, LLC to 22nd Street Landing, LLC. In addition to revising the name of the tenant, the Fourth Amendment will expand 22nd Street Landing’s premises by 1,800 square feet for seven parking stalls and 968 square feet for an alfresco dining area.  The additions to the premises should increase the restaurant’s gross revenue and percentage rent generating capacity by providing additional outdoor dining space and a controlled parking lot.

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 4(8) of the Los Angeles City CEQA Guidelines; (2) approve the Fourth Amendment to Permit No. 624 with 22nd Street Landing Partners, LLC; (3) direct the Board Secretary to transmit the Fourth Amendment to Permit No. 624 to the 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 Fourth Amendment to Permit No. 624 upon approval by the City Council; and (5) adopt Resolution No.____________.
 

 
2.         RESOLUTION NO. __________ - APPROVAL OF FIVE-YEAR REVIEW OF  REVOCABLE PERMIT NOS. 93-02 WITH ISLAND EXPRESS HELICOPTER, INC.,
            09-04 WITH PORT LA DISTRIBUTION CENTER, L.P., 15-13 WITH HARBOR BREEZE  CORP., AND 16-04 WITH MARINE TECHNICAL SERVICES, INC.
 
Summary: Staff requests approval of the following revocable permits (RPs) pursuant to the City of Los Angeles Harbor Department (Harbor Department) policy for five-year review by the Board of Harbor Commissioners for continuation or modification of RPs:
 
•           RP No. 93-02 with Island Express Helicopter, Inc., Berths 94-95, San Pedro;
•           RP No. 09-04 with Port LA Distribution Center, L.P., Westmont Drive/North Gaffey Street, San Pedro;
•           RP No. 15-13 with Harbor Breeze Corp., Berths 78-79, San Pedro; and
•           RP No. 16-04 with Marine Technical Services, Inc., 211 N. Marine Avenue, Wilmington
 
Approval of the proposed continuations will entitle each tenant to continue their business operations at their respective sites.  Further, annual rent under RP No. 93-02 will increase by $2,373 from $19,575 to $21,948 per year.
 
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) of the Los Angeles City CEQA Guidelines; (2) approve the continuation of Revocable Permit No. 93-02 with Island Express Helicopter, Inc; (3) approve the continuation of Revocable Permit No. 09-04 with Port LA Distribution Center, L.P.; (4) approve the continuation of Revocable Permit No. 15-13 with Harbor Breeze Corp.; (5) approve the continuation of Revocable Permit No. 16-04 with Marine Technical Services, Inc.; and adopt Resolution No.____________.
 
Regular Items (3 – 7)
 

 
3.         RESOLUTION NO. ____________ - APPROVE PERMIT NO. 946 WITH TRANI’S DOCKSIDE
 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of Permit No. 946 (P946) with Trani’s Dockside (Trani’s), for use of the City of Los Angeles Harbor Department (Harbor Department) property located at 311 E. 22nd Street, San Pedro (formerly known as Canetti’s Seafood Restaurant) as a restaurant named Dockside that will provide both indoor and outdoor seating. Minimum annual rent is $60,126, paid quarterly at $15,031.50 and subject to annual Consumer Price Index (CPI) increases.  Trani’s will also be subject to percentage rent of 3 to 5 percent of gross sales.  The term of P946 will be for a total of eleven years and two months, which allows for a one-year and two-month construction period and a ten-year period for operations.  There will also be two, five-year options to extend the agreement at the tenant’s discretion. The Harbor Department will provide a rent credit of $94,400 per year over ten years, for a total of $944,000, to offset Trani’s total tenant improvement project cost, which is estimated at $1,592,925 including basic commercial space upgrades such as electrical; plumbing; flooring; and heating and air conditioning in addition to restaurant-specific upgrades required to buildout the Dockside restaurant.  Engineering staff concluded that the construction cost is reasonable ($238/sf) and well within an accepted cost range according to the California Construction Cost Index.
 
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 Sections 15301 and 15331 of the State CEQA Guidelines; (2) approve Permit No. 946 with Trani’s Dockside; (3) direct the Board Secretary to transmit Permit No. 946 to the 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 Permit No. 946 upon approval by the City Council; and (5) adopt Resolution No.____________.
 

 
4.         RESOLUTION NO. ____________ - APPROVAL OF CHANGE ORDER NO. 4, BERTH  44 MAIN BUILDING DEMOLITION AND SINKHOLE REPAIR PROJECT, 
            CONTRACTOR: NATIONAL DEMOLITION CONTRACTORS, INC. 2018-2020 ON-CALL REMEDIATION    SPECIFICATION NO. 2796 – CONTRACT NO. 2309
 
Transmittal 1
Transmittal 2

Summary: Staff requests approval of Change Order No. 4 (Change Order) to Contract No. 2309, in the amount of $1,800,000, and that the authorized contingency be increased to 25%.  The Change Order authorizes National Demolition Contractors, Inc. (National) to perform lead and asbestos abatement, demolish the main building and slurry backfill a sinkhole at 2945 South Miner Street (Berth 44).  The removal of the obsolete structures and filling of the sinkhole address safety concerns at the site.  The total cost of the project will not exceed $1,900,000.  Work valued at approximately $100,000 will be performed under contract bid items. The Harbor Department is financially responsible for expenses under this Change Order.
 
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15269(b) of the State CEQA Guidelines; (2) find that in accordance with City Charter Section 1022, work covered under the Change Order can be performed more feasibly by an independent contractor rather than by City employees; (3) approve the Change Order to the Contract with National for a not-to-exceed amount of $1,800,000 and authorize the Executive Director to execute said Change Order; (4) increase the contingency percentage from 20% to 25% for a total approved contingency of $4,684,960 and total authorization of $23,424,800; and (5) adopt Resolution No.____________.
 

 
5.         RESOLUTION NO. ____________ - SEPARATION INCENTIVE PROGRAM LETTER OF AGREEMENT BETWEEN EIGHT LABOR ORGANIZATIONS AND THE LOS ANGELES HARBOR DEPARTMENT
 
Transmittal 1
Transmittal 2

Summary: Staff requests the Board of Harbor Commissioners (Board) approve a Separation Incentive Program (SIP) Letter of Agreement (LOA) between the City of Los Angeles Harbor Department (Harbor Department) and the following eight labor organizations:
 
•           American Federation of State, County and Municipal Employees (AFSCME)
•           Engineers & Architects Association (EAA)
•           International Union of Operating Engineers, Local 501 (IUOE)
•           Laborer’s International Union of North America (LIUNA)
•           Los Angeles/Orange Counties Building & Construction Trades Council (LAOCBCTC)
•           Los Angeles Professional Managers Association, Management Division (LAPMA)
•           Municipal Construction Inspector Association (MCIA)
•           Service Employees International Union, Local 721 (SEIU)
 
The proposed LOA will create a SIP similar to separation incentive programs recently established by the City of Los Angeles (City) and Los Angeles World Airports (LAWA), in response to the unprecedented financial impacts experienced throughout the City due to Coronavirus Disease 2019 (COVID-19).  Eligible Harbor Department employees, who voluntarily retire under the terms of the proposed LOA, will receive a lump-sum incentive payment.  The proposed LOA will result in a reduction of the Harbor Department workforce and the associated salary and benefits obligations.  The Harbor Department is financially responsible for payment of expenses under the proposed LOA.
 
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 LOA between the Harbor Department and AFSCME, EAA, IUOE, LIUNA, LAOCBCTC, LAPMA, MCIA, and SEIU; (3) authorize the Executive Director to execute and the Board Secretary to attest to the LOA; (4) authorize the Executive Director or his designee to approve, under the terms of the LOA, successful Harbor Department SIP application and employee agreements, SIP incentive payment amounts, and the distribution of funds to SIP recipients in lump-sum incentive payments; and (5) adopt Resolution No.____________.
 

 
6.         RESOLUTION NO. ____________ - APPROVE TEMPORARY ORDER AMENDING  PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 370 – “VESSEL TRAFFIC SERVICE USER FEES”
 
Transmittal 1
Transmittal 2
Transmittal 3
 
Summary: Staff requests approval of a temporary amendment to the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 370 – Vessel Traffic Service User Fees (VTSUF).  The Marine Exchange of Southern California (MX) operates a Vessel Traffic Service (VTS) that monitors vessel traffic within and approaches to the Ports of Los Angeles and Long Beach (the Ports).  The VTS provides mariners with timely, relevant, and accurate information for the purpose of safe, secure, efficient, reliable, and environmentally sound maritime transportation.  VTSUF are assessed on a monthly basis for local vessels such as tugs and tows, ferries, commercial rescue and emergency vessels, and whale watch boats.  For non-local entry vessels, VTSUF are assessed based upon a vessel’s gross tons (GT) and length over all (LOA) upon arrival at the Ports.  Currently, monthly VTSUF on local vessels range from $30 - $355 per month.  VTSUF on non-local entry vessels currently range from $236 - $500 per visit based upon LOA, and non-local entry vessels also pay an additional tonnage fee of $0.0032 per GT per visit.  Non-local entry vessels with an LOA of 340 meters or more are currently subject to the maximum LOA fee of $500 per visit. Effective April 1, 2021, the proposed amendment would increase the VTSUF range on local vessels on a one-time basis by anywhere from $5 to $40 to a proposed range of $35 - $395 per month. For non-local entry vessels, the proposed amendment would apply an annual 10.5% increase to LOA and GT fees, effective each April 1 for three years.  In addition, the maximum LOA fee would be applied to non-local entry vessels with an LOA of 335 meters or more.  After the proposed three (10.5% each) increases are applied, by April 1, 2023, the LOA fee range would increase to $318 - $675 per visit (relative to the current $236 - $500 per visit).  In addition, the GT fee in effect as of April 1, 2023 would be $0.0043 (relative to the current $0.0032 per GT). As VTSUF are paid directly to MX, there is no financial impact to the Harbor Department associated with this action. During calendar year 2023, the Marine Exchange will re-evaluate whether any additional fee increases would be necessary over the subsequent five-year 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 the Port of Los Angeles Tariff No. 4, revising Section Three Pilotage, Item No. 337 – Vessel Traffic Service User Fees, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities procedure; (3) adopt Temporary Order No. ______ - to amend Section Three Pilotage, Item No. 337, Vessel Traffic Service User Fees in the Port of Los Angeles Tariff No. 4; (4) authorize the Board Secretary to certify to the adoption of the 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 prior to adoption by Ordinance for a period not-to exceed 90 days pursuant to City Charter Section 653(b); and (5) adopt Resolution No.____________.
 

 
7.         RESOLUTION NO. ____________ - APPROVE PERMANENT ORDER AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION THREE, ITEM NO. 370 – “VESSEL TRAFFIC SERVICE USER FEES”
 
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
 
Summary: Staff requests approval of an amendment to the current Port of Los Angeles Tariff No. 4 (Tariff), Section Three, Item No. 370 – Vessel Traffic Service User Fees (VTSUF).  The Marine Exchange of Southern California (MX) operates a Vessel Traffic Service (VTS) that monitors vessel traffic within and approaches to the Ports of Los Angeles and Long Beach (the Ports).  The VTS provides mariners with timely, relevant, and accurate information for the purpose of safe, secure, efficient, reliable, and environmentally sound maritime transportation.  VTSUF are assessed on a monthly basis for local vessels such as tugs and tows, ferries, commercial rescue and emergency vessels, and whale watch boats.  For non-local entry vessels, VTSUF are assessed based upon a vessel’s gross tons (GT) and length over all (LOA) upon arrival at the Ports.  Currently, monthly VTSUF on local vessels range from $30 - $355 per month.  VTSUF on non-local entry vessels currently range from $236 - $500 per visit based upon LOA, and non-local entry vessels also pay an additional tonnage fee of $0.0032 per GT per visit.  Non-local entry vessels with an LOA of 340 meters or more are currently subject to the maximum LOA fee of $500 per visit. Effective April 1, 2021, the proposed amendment would increase the VTSUF range on local vessels on a one-time basis by anywhere from $5 to $40 to a proposed range of $35 - $395 per month. For non-local entry vessels, the proposed amendment would apply an annual 10.5% increase to LOA and GT fees, effective each April 1 for three years.  In addition, the maximum LOA fee would be applied to non-local entry vessels with an LOA of 335 meters or more.  After the proposed three (10.5% each) increases are applied, by April 1, 2023, the LOA fee range would increase to $318 - $675 per visit (relative to the current $236 - $500 per visit).  In addition, the GT fee in effect as of April 1, 2023 would be $0.0043 (relative to the current $0.0032 per GT). As VTSUF are paid directly to MX, there is no financial impact to the Harbor Department associated with this action. During calendar year 2023, the Marine Exchange will re-evaluate whether any additional fee increases would be necessary over the subsequent five-year 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 the Port of Los Angeles Tariff No. 4, revising Section Three Pilotage, Item No. 337 – Vessel Traffic Service User Fees, subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities procedure; (3) adopt Permanent Order No. ______ - to amend Section Three Pilotage, Item No. 337, Vessel Traffic Service User Fees 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 the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) direct the Board Secretary to transmit to the City Clerk a Notice of Public Hearing for publication in accordance with the provisions of California Government Code sections 66018 and 6062; (6) authorize the Board Secretary to execute the Permanent Order and Ordinance amending Tariff No. 4 as stated above, and upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website; and (7) 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.
            Los Angeles Superior Court Case No. 20STCP02978
 
 
3.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (d)(1) of Government Code Section 54956.9)
 
            South Coast Air Quality Management District v. City of Los Angeles, et al.
            Los Angeles Superior Court Case No. 20STCP02985
 
 
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:
             (two cases)
 
 
5.         LIABILITY CLAIMS
            (Government Code Section 54961)
 
            Claimant:  Carlos Saldana
            Agency claimed against:  City of Los Angeles
 
6.         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
 
 
7.         CONFERENCE WITH REAL PROPERTY NEGOTIATORS
             (Government Code Section 54956.8)
 
Provide instructions to its real estate negotiators with respect to Permit 899 with Pacific Battleship Center:
 
Property: Berths 88-89, San Pedro
 
City Negotiator:  Michael Galvin
 
Tenant Negotiator:  Johnathan Williams
 
Negotiating Parties:  City and Pacific Battleship Center
 
Under Negotiation: Price and Terms
 
  
L.         Adjournment