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, OCTOBER 5, 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
- Audit Committee Meeting of September 7, 2023
- Intermodal Container Transfer Facility – Joint Powers Authority Governing Board Meeting of September 13, 2023
- Alameda Corridor Transportation Authority Governing Board Meeting of September 14, 2023
G. Approval of the Minutes
- Regular & Special Meeting of September 21, 2023
H. Presentation
None
I. Level I Coastal Development Permit
None
J. Board Reports of the Executive Director
Consent Items (1 – 3)
Construction & Maintenance
Summary: Staff requests approval of Contract No. 40014 with Pacific Portable Services, LLC, of Orange, CA, for the rental of portable sanitary facilities and services. The proposed Contract will be for a one-year term with two, one-year options for an amount not to exceed $200,000 for the initial year. If the two renewal options are exercised, $220,000 will be authorized for the second year, and $240,000 will be authorized for the third year for an overall total not-to-exceed amount of $660,000. The City of Los Angeles Harbor Department will be financially responsible for the payment of expenditures incurred under the proposed Contract.
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 California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) and Article III Classes 3(4) and 11(4) of the Los Angeles City CEQA Guidelines; (2) 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; (3) approve Contract No. 40014 with Pacific Portable for the rental of portable sanitary facilities and services in the amount of $200,000 for a period of one year, with two one-year renewal options in the amount of $220,000 for the second year, and $240,000 for the third year to be exercised by the Executive Director or his/her designee; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 40014 for and on behalf of the Board; and (5) adopt Resolution No. ____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of Revocable Permit No. 23-05 with the Los Angeles Maritime Institute (LAMI) to allow temporary use of Berth 78 for operation of the TopSail Youth Program, docking of brigantine vessels, and small-scale maintenance activities for brigantines. Berth 78 consists of 14,420 square feet of water and dock space. This area is scheduled to be turned over to the West Harbor tenant within two years. LAMI, a California non-profit corporation, operates the TopSail Youth Program for middle and high school students, including at-risk youth, on maritime education and hands-on tall ships sailing within the Port of Los Angeles (Port). The program has been in operation at the Port since 1992. The curriculum focuses on the Port, the maritime industry, communication, teamwork, and instills responsibility, leadership, and self-esteem by providing character-building experiences. Given the significant benefits received by the Harbor Department from the services provided by LAMI, staff requests waiving the monthly rent. LAMI will be financially responsible for all other costs, including but not limited to utilities, equipment, labor, Port Police security, site repair and maintenance. Pursuant to the Harbor Department’s Leasing Policy, the Board of Harbor Commissioners is required to approve this no-rent Revocable Permit.
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 1(18)(b) of the Los Angeles City CEQA Guidelines; (2) find that it is in the best interest of the City of Los Angeles Harbor Department to grant a no-rent Revocable Permit No. 23-05 to the Los Angeles Maritime Institute in exchange for the community benefits provided by its public TopSail Program; (3) approve Revocable Permit No. 23-05 with the Los Angeles Maritime Institute; (4) authorize the Executive Director to execute and the Board Secretary to attest to the License Agreement; and (5) adopt Resolution No. ____________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of Revocable Permit No. 23-06 with the Los Angeles Maritime Institute (LAMI) for the use of a City of Los Angeles Harbor Department property consisting of a 5,339 square foot space located at Municipal Warehouse No. 1, Rooms 108 and 155 in San Pedro. LAMI will be utilizing the site to house and store boat repair tools and materials, event materials, office equipment and supplies, and other items incidental to the TopSail Youth Program. LAMI, a California non-profit corporation, operates the TopSail Youth Program for middle and high school students, including at-risk youth, on maritime education and hands-on tall ships sailing within the Port of Los Angeles (Port). The program has been in operation at the Port since 1992. The curriculum focuses on the Port, the maritime industry, communication, teamwork, and instills responsibility, leadership, and self-esteem by providing character-building experiences. Given the significant benefits received by the Harbor Department from the services provided by LAMI, staff requests waiving the monthly rent. LAMI will be financially responsible for all other costs, including but not limited to utilities, equipment, labor, Port Police security, site repair and maintenance. Pursuant to the Harbor Department’s Leasing Policy, the Board of Harbor Commissioners (Board) is required to approve this no-rent Revocable Permit.
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 1(18)(a) of the Los Angeles City CEQA Guidelines; (2) find that the proposed action is the best interest of the City of Los Angeles Harbor Department based on the value of services delivered to the community exceeding the market rental value of the property, and the rent that would be due and owed imposes an understandable hardship; (3) approve Revocable Permit No. 23-06 with the Los Angeles Maritime Institute; (4) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 23-06; and (5) adopt Resolution No. ____________.
Regular Item (4)
Environmental Management
Summary: Staff requests approval of the proposed Memorandum of Understanding among the City of Los Angeles Harbor Department, the Port of Long Beach (POLB), and the South Coast Air Quality Management Department (SCAQMD) to fund a Clean Air Action Plan Technology Advancement Program (TAP) project to retrofit two ocean-going vessels with low-pressure exhaust gas recirculation and a multiple fuel conversion system (OGV Retrofit Project). The total cost of the OGV Retrofit Project is $20,871,400, primarily funded by an $11,414,700 grant SCAQMD received from the United States Environmental Protection Agency. TAP funding in the amount of $600,000 will be split equally between the Harbor Department and POLB, for a total of $300,000 from each port. SCAQMD and their partners Mediterranean Shipping Company and Wärtsilä will be responsible for the remaining costs as part of the retrofit and demonstration of the OGVs.
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 Memorandum of Understanding among the City of Los Angeles Harbor Department, the Port of Long Beach, and the South Coast Air Quality Management District for the OGV Retrofit Project; (3) authorize the Executive Director to execute and Board Secretary to attest to said agreement for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.
K. Closed Session
1. 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., Los Angeles Superior Court Case No. 21STCV15500
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: (three cases)
6. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 21-16 with Taylored Transload, LLC:
Property: 2401 E. Pacific Coast Highway, Wilmington
City Negotiator: Marisa Katnich
Tenant Negotiator: Bill Peratt
Negotiating Parties: City and Taylored Transload, 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 899 with Pacific Battleship Center:
Property: Berths 88-89, San Pedro
City Negotiator: Michael Galvin
Tenant Negotiator: Jonathan Williams
Negotiating Parties: City and Pacific Battleship Center
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 proposed Wilmington real estate transfers with Department of Water & Power:
Property: Assessor Parcel 7440-006-908, Wilmington
Assessor Parcel 7440-009-905, Wilmington
Assessor Parcel 7440-006-912, Wilmington
Assessor Parcel 7440-009-911, Wilmington
Assessor Parcel 7418-034,900, Wilmington
Assessor Parcel 7418-034,901, Wilmington
Assessor Parcel 7418-034,902, Wilmington
Assessor Parcel 7440-006-910, Wilmington
Assessor Parcel 7440-006-927, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Adriana Rubalcava
Negotiating Parties: City and Department of Water & Power
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 Permit 560 with Vopak Terminal Los Angeles Inc.:
Property: 401 Canal Street, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Michael LaCavera
Negotiating Parties: City and Vopak Terminal Los Angeles Inc.
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 801 with California Yacht Marina:
Property: Berth 202, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: R. Kevin Ketchum
Negotiating Parties: City and California Yacht Marina
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 805 with Cerritos Yacht Anchorage, Inc.:
Property: Berth 205C, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Shannon Quick
Negotiating Parties: City and Cerritos Yacht Anchorage, Inc.
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 Permit 808 with Holiday Harbor Wilmington:
Property: Berth 201, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Kris L. Kazarian
Negotiating Parties: City and Holiday Harbor Wilmington
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 Permit 802 with Island Yacht Anchorage Inc. I:
Property: Berth 205D, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage Inc. I
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 Permit 825 with Island Yacht Anchorage Inc. II:
Property: Berth 200X, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Terry Jenness
Negotiating Parties: City and Island Yacht Anchorage Inc. II
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 Permit 921 with Leeward Bay Marina:
Property: Berth 200I, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: David Perel
Negotiating Parties: City and Leeward Bay Marina
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 Permit 803 with Lighthouse Yacht Landing, Inc.:
Property: Berth 205B, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Barbara Gleason
Negotiating Parties: City and Lighthouse Yacht Landing, Inc.
Under Negotiation: Price and Terms
18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 804 with Pacific Yacht Landing:
Property: Berth 203, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: David Perel
Negotiating Parties: City and Pacific Yacht Landing
Under Negotiation: Price and Terms
19. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 807 with Yacht Centre, Inc.:
Property: Berth 204, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Guy Newmark
Negotiating Parties: City and Yacht Centre, Inc.
Under Negotiation: Price and Terms
20. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 806 with Yacht Haven Marina, Inc.:
Property: Berth 202, Wilmington
City Negotiator: Michael Galvin
Tenant Negotiator: Tony Duni
Negotiating Parties: City and Yacht Haven Marina, Inc.
Under Negotiation: Price and Terms
L. Adjournment