*Commissioner Renwick arrived at the meeting at approximately 9:08 a.m.

Transcription

1 BOARD OF HARBOR COMMISSIONERS Ambassador Vilma S. Martinez, President Vice President David Arian Commissioner Patricia Castellanos Commissioner Anthony Pirozzi, Jr. Commissioner Edward R. Renwick Meeting Start Time: 8:35 a.m. Present: Absent: President Vilma Martinez, Vice President David Arian, Commissioner Patricia Castellanos, Commissioner Anthony Pirozzi, Jr., and Commissioner Edward R. Renwick*. (5) None. *Commissioner Renwick arrived at the meeting at approximately 9:08 a.m. A. OPENING STATEMENT AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter. Page 1 of 16

2 B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS The following persons provided public comment: Wayne Ratkovic, The Ratkovich Company John Papadakis, Local Resident Don Holland, Cabrillo Boat Shop Gordon Teuber, Los Angeles Waterfront Access Redevelopment Coalition Steve Salas, Wilmington Waterfront Forward Robert Genest, Los Angeles Waterfront Access Redevelopment Coalition Lanny Setka, Los Angeles Waterfront Access Redevelopment Coalition Joe Gatlin, Vice President of the NAACP for San Pedro and Wilmington Bruce Senator, Self Kathleen Woodfield, San Pedro Peninsula Homeowners Coalition Peter Califano, Los Angeles Waterfront Access Redevelopment Coalition Jeannine Bryant, Los Angeles Waterfront Access Redevelopment Coalition Janet Gunter, San Pedro Peninsula Homeowners Coalition Art Martinez, Wilmington Resident C. EXECUTIVE DIRECTOR REMARKS Executive Director Eugene D. Seroka reported on the following: China Shipping Update Rancho LPG Update Ports O Call Update The Port of Los Angeles was selected by the world s No. 3 Liner Shipping Company CMA CGM to bring in the largest ship to ever come to North America, the Benjamin Franklin which is scheduled to arrive on December 26, Key Performance Statistics for November 2015 Financials Update Market Share Update Page 2 of 16

3 C. (Continued) Meetings and Conferences: - November 24, 2015 met with Deputy Chief of Staff Rick Jacobs of the Mayor s Office, Communications Director Naomi Seligman, and Communications Staffer Alex Comisar - November 2015 participated with Ambassador Martinez and Commissioner Pirozzi, Jr. in a roundtable discussion with Ambassador Michael Froman, U.S. Trade Representative at the Los Angeles Area Chamber of Commerce Offices. - November 30, 2015 December 2, Business Travel to Washington, D.C. - December 1, 2015 attended the Marine Transportation System National Advisory Council (MTSNAC) - December 1, 2015 met with Deputy Secretary of Transportation Victor Mendez, Lauren Brand, Associate Administrator of Intermodal System Development for MARAD, and attended a business dinner with the U.S. Department of Transportation Director of Government Affairs Kevin Monroe. - December 2, 2015 met with cargo owners, area representatives and advocates such as Bruce Carlton of the National Industrial Transportation League. - December 3, 2015 Annual Customer Appreciation Luncheon at the Brouwerij West located at Crafted at the Port of Los Angeles - December 3, 2015 meeting at the Biltmore in Downtown Los Angeles with Elmy Bermejo of Department of Labor - December 7, 2015 met with Ray Familathe of the ILWU Page 3 of 16

4 C. (Continued) - December 6, 2015 December 11, East Coast Business Development Trip with Mike DiBernardo, Deputy Executive Director of Marketing and Customer Relations, and Eric Caris, Director of Cargo Marketing - December 7, 2015 met with Bill Payne of NYK, Captain T.R. Lee of Yang Ming Lines, and Roy Amalfitano of Evergreen - December 8, 2015 attended the JOC Port Performance Conference - December 9, 2015 meeting with China Shipping - December 10, 2015 met with Michelle Livingstone, Vice President of Transportation for Home Depot - December 10, 2015 met with United Arab Shipping Company President Stuart Sandlin, Vice President of Trade, and SH Bay, Terminal Operations Manager. - December 10, 2015 met with Coca Cola s International Transportation Management Team led by David Casey, Director of Logistics and Transportation - December 11, 2015 met with Ron Joseph, Senior Vice President and Chief Operating Officer of DCLI - December 11, 2015 met with President of Maersk Line North America Rolf Nielson, Senior Vice President Al Gebhardt, and Head of North American Procurement Nikolaj Jessen-klixbull - December 14, 2015 Anniversary Reception for Accession of Sheikh Jassim Bin Mohamed Bin Thani of Qatar - December 15, 2015 met with Christina Vogl, Johann Song, Ryan Pfister, Kelly Scoffield, and Jeffrey Dill of Exxon Mobil - December 15, 2015 participated on a panel discussion at the Harbor Transportation Club s Annual Dinner with Port of Long Beach Chief Executive Officer Jon Slangerup - December 16, 2015 attended the Joint Points Supply Chain Optimization Steering Committee meeting - December 16, 2015 Telephone interview with the Long Beach Business Journal - December 16, 2015 Telephone interview with KCRW Page 4 of 16

5 C. (Continued) Noteworthy News and Port Events - The Employee Calendar Contest Winners were recognized - December 5, 2015 Wilmington Winter Wonderland Event - December 5, 2015 Holidays by the Sea - December 5, 2015 Harbor Holiday Afloat Parade - Volunteer Center s Operation Teddy Bear Program - Port Employee Donations on Thanksgiving D. REPORTS OF THE COMMISSIONERS Commissioner Castellanos reported on the following: December 5, 2015 attended Wilmington Winter Wonderland December 5, 2015 attended the Holidays by the Sea December 6, 2015 attended the 35 th Annual Spirit of San Pedro Holiday Parade December 13, 2015 attended the Wilmington Holiday Parade December 15, 2015 attended the Trade, Commerce and Technology meeting (TCT) Commissioner Pirozzi, Jr. reported on the following: November 2015 participated in a roundtable discussion with Ambassador Michael Froman, U.S. Trade Representative at the Los Angeles Area Chamber of Commerce Offices December 3, 2015 attended the Port of Los Angeles Customer Appreciation Luncheon at Brouwerij West located at Crafted at the Port of Los Angeles December 5, 2015 attended the Harbor Holiday Afloat Parade Recognized Julie Huerta, Amber Klesges, and Marifrances Trivelli for the LA Maritime Museum Toy Drive December 6, 2015 attended the 35 th Annual Spirit of San Pedro Holiday Parade Page 5 of 16

6 C. (Continued) Commissioner Renwick reported on the following: December 10, 2015 phone call with Wayne Ratkovich December 15, 2015 phone call with Vincent Ewing, City of Long Beach Phone call with Jonathan Rosenthal, CEO of Saybrook Capital December 15, 2015 ACTA Sub-Committee Meeting Conference call Vice President Arian reported on the following: December 15, 2015 meeting with Executive Director Eugene D. Seroka and TraPac Ambassador Martinez reported on the following: November 2015 participated in a roundtable discussion with Ambassador Michael Froman, U.S. Trade Representative at the Los Angeles Area Chamber of Commerce Offices December 3, 2015 attended the Port of Los Angeles Customer Appreciation Luncheon at Brouwerij West located at Crafted at the Port of Los Angeles December 5, 2015 attended the Civic Alliance Holiday Gathering December 15, 2015 attended the Trade, Commerce and Technology meeting (TCT) Page 6 of 16

7 E. BOARD COMMITTEE REPORTS Commissioner Renwick reported on the ACTA Sub-Committee Meeting conference call on December 15, 2015 during the Reports of the Commissioners. F. APPROVAL OF THE MINUTES Special Meeting of November 10, 2015 APPROVED Special Meeting of November 23, 2015 APPROVED G. PRESENTATION There were no presentations. H. FOR INFORMATION ONLY The Executive Director has approved one emergency Level I CDP: CDP No Port of Los Angeles Demolition of Pan-Pacific Complex No members of the Board requested that this Level I CDP be agendized for the next Regular Board meeting. Page 7 of 16

8 I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR Consent Items (1 2) Environmental Management 1. Re: RESOLUTION NO AGREEMENT BETWEEN LANGDON BIOLOGICAL CONSULTING, LLC AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR MONITORING SERVICES OF THE CALIFORNIA LEAST TERN NESTING SITE SUMMARY: The Environmental Management Division recommends approval of an agreement between the City of Los Angeles, Harbor Department and Langdon Biological Consulting, LLC (LBC), San Pedro, California to provide continuation of monitoring services of the endangered California least tern (CLT) (bird species) nesting site on Pier 400. The CLT nesting site resides on a special 15-acre portion of the City of Los Angeles, Harbor Department s (Harbor Department) largest container terminal on Pier 400. The Harbor Department maintains, monitors, and protects this special area on Pier 400 for the nesting of these indigenous birds. Approval of this proposed Agreement will authorize a three-year contract for an amount not-to-exceed $360,000. The Harbor Department is financially responsible for expenses incurred under the proposed agreement. Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirement of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), of the Los Angeles City CEQA Guidelines; (2) approve the Agreement with Langdon Biological Consulting, LLC, a Small Business Enterprise, for a term of three years for a not-to-exceed amount of $360,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No Page 8 of 16

9 1. (Continued) Motion by Commissioner Renwick, seconded by Commissioner Castellanos, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Castellanos, and Commissioner Renwick. (4) None. Absent: Commissioner Pirozzi, Jr. (1) RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Page 9 of 16

10 Office of the City Attorney 2. Re: RESOLUTION NO. - PARTIAL RESCISSION OF RESOLUTION NO Recommendation: Board resolve to adopt subject Resolution No.. ITEM NO. 2 WAS PULLED Page 10 of 16

11 Regular Item No. 3 Waterfront and Commercial Real Estate 3. Re: RESOLUTION NO APPROVE CONSENT TO HYPOTHECATION OF PERMIT NO. 520 WITH LA SKY HARBOR, LLC, TO INDUSTRIAL AND COMMERCIAL BANK OF CHINA (USA), A NATIONAL BANKING ASSOCIATION SUMMARY: The Waterfront & Commercial Real Estate Division proposes that the Board of Harbor Commissioners (Board) approve the Consent to Hypothecation of Permit No. 520 with LA Sky Harbor, LLC (LASH) in favor of Industrial and Commercial Bank of China (USA), National Banking Association (ICBC), as requested by LASH and its lender, ICBC. Permit No. 520 is a 50-year agreement expiring on December 12, 2046, which grants LASH use of approximately 2.54 acres of City of Los Angeles Harbor Department (Harbor Department) land at the Cabrillo Marina for constructing, operating, and maintaining facilities for a hotel; dinner and convenience restaurants; banquet facilities; office space rental; general retail sales; and incidental purposes. The hotel is located at 2800 Via Cabrillo Marina, San Pedro, and is currently licensed as the Doubletree by Hilton Hotel San Pedro Port of Los Angeles (Doubletree). Board approval will allow LASH to acquire $12,000,000 of funding from ICBC in order to facilitate a successful long-term investment strategy that will discharge previously acquired short-term financing, provide the funding necessary to complete the ongoing remodel of the Doubletree and provide working capital, among other things. No funding from the Harbor Department will be required for the proposed Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Consent to Hypothecation of Permit No. 520 to Industrial and Commercial Bank of China (USA), National Banking Association; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Consent to Hypothecation of Permit No. 520 to Industrial and Commercial Bank of China (USA), National Banking Association; and (4) adopt Resolution No , Director of Waterfront and Commercial Real Estate, provided a verbal presentation on Item No. 3 Page 11 of 16

12 3. (Continued) Motion by Vice President Arian, seconded by Commissioner Castellanos, and carried the following vote: Ayes: Noes: Ambassador Martinez, Vice President Arian, Commissioner Castellanos, Commissioner Pirozzi, Jr., and Commissioner Renwick. (5) None. RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Page 12 of 16

13 J. CLOSED SESSION 10:18 A.M. 2:15 P.M. 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section City of Los Angeles v. BAE Systems San Diego Ship Repair, Inc., United States District Court Case No. CV CBM (AGRx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 704 with ExxonMobil Oil Corporation: Berths , Terminal Island, California Christi Vogl City and ExxonMobil Oil Corporation 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS the proposed ground lease for Ports O Call site: Tenant Negotiators: Berths 74-83, San Pedro, California Eric Johnson, Brian Saenger City and LA Waterfront Alliance Page 13 of 16

14 J. (Continued) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Revocable Permit with J&D Seafoods: Berth 72, San Pedro, California Paula Ciaramitaro City and J&D Seafoods 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 904 with AltaSea at the Port of Los Angeles: City Dock 1, San Pedro, California Jenny Krusoe City and AltaSea at the Port of Los Angeles Page 14 of 16

15 J. (Continued) 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Agreement No with Topaz Building: 222 W. 6 th Street, Suite 900, San Pedro, California Dave Smith, CB Richard Ellis City and Topaz Building 7. CONFERENCE WITH LEGAL COUNSEL INITIATE LITIGATION (Subdivision (d)(4) of Government Code Section ) Initiation of litigation pursuant to subdivision (d)(4) of Section : one case. Report of the General Counsel General Counsel Janna B. Sidley reported the following: Closed Session Item No. 1 Board considered item and took no reportable Closed Session Item No. 2 Board considered item and took no reportable Page 15 of 16

16 J. (Continued) Closed Session Item No. 3 Board considered item and took no reportable For the record, Deputy Executive Director Mike DiBernardo was recused from Closed Session Item No. 3. Closed Session Item No. 4 Board considered item and took no reportable Closed Session Item No. 5 Board considered item and took no reportable Closed Session Item No. 6 Board considered item and took no reportable Closed Session Item No. 7 Board considered item and took no reportable THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 2:17 P.M., AMBASSADOR MARTINEZ ADJOURNED THE DECEMBER 17, 2015 REGULAR MEETING OF THE BOARD OF HARBOR COMMISSIONERS. Board Secretary APPROVED AS AMENDED BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD JANUARY 7, Page 16 of 16

17 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. BOARD OF HARBOR COMMISSIONERS Ambassador Vilma S. Martinez, President Vice President David Arian Commissioner Patricia Castellanos Commissioner Anthony Pirozzi, Jr. Commissioner Edward R. Renwick Meeting Start Time: 10:18 a.m. Present: Absent: President Vilma Martinez, Vice President David Arian, Commissioner Patricia Castellanos, Commissioner Anthony Pirozzi, Jr., and Commissioner Edward R. Renwick. (5) None. A. OPENING STATEMENT AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter. Page 1 of 7

18 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. CLOSED SESSION 10:18 A.M. 2:15 P.M. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 801 with California Yacht Marina, L.P.: Berth 202, Wilmington, California Kevin Ketchum City and California Yacht Marina, L.P. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 805 with Cerritos Yacht Anchorage, Inc.: Berth 205C, Wilmington, California Kevin Ketchum City and Cerritos Yacht Anchorage, Inc. Page 2 of 7

19 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. (Continued) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 802 with Island Yacht Anchorage I, Inc.: Berth 205, Wilmington, California Kevin Ketchum City and Island Yacht Anchorage I, Inc. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 825 with Island Yacht Anchorage II, Inc.: 801 Henry Ford Avenue, Wilmington, California Kevin Ketchum City and Island Yacht Anchorage II, Inc. Page 3 of 7

20 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. (Continued) 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 803 with Lighthouse Yacht Landing, Inc.: Berth 205B, Wilmington, California Kevin Ketchum City and Lighthouse Yacht Landing, Inc. 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 808 with Marina Ventures Partnership dba Holiday Harbor: Berth 201, Wilmington, California Kevin Ketchum City and Marina Ventures Partnership dba Holiday Harbor Page 4 of 7

21 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. (Continued) 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 804 with Perel Marinas, Inc. dba Pacific Yacht Landing: Berth 203, Wilmington, California Kevin Ketchum City and Perel Marinas, Inc. dba Pacific Yacht Landing 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 807 with Yacht Centre, Inc.: Berth 204, Wilmington, California Kevin Ketchum City and Yacht Centre, Inc. Page 5 of 7

22 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. (Continued) 9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Permit 806 with Yacht Haven Marina, Inc.: Berth 202, Wilmington, California Kevin Ketchum City and Yacht Haven Marina, Inc. Report of the General Counsel General Counsel Janna B. Sidley reported the following: Closed Session Item No. 1 Board considered item and took no reportable Closed Session Item No. 2 Board considered item and took no reportable Closed Session Item No. 3 Board considered item and took no reportable Closed Session Item No. 4 Board considered item and took no reportable Page 6 of 7

23 MINUTES OF THE SPECIAL MEETING OF THE THURSDAY, DECEMBER 17, 2015, NO SOONER THAN 10:00 A.M. OR FOLLOWING THE ADJOURNMENT OF THE REGULAR BOARD MEETING AT 8:30 A.M. B. (Continued) Closed Session Item No. 5 Board considered item and took no reportable Closed Session Item No. 6 Board considered item and took no reportable Closed Session Item No. 7 Board considered item and took no reportable Closed Session Item No. 8 Board considered item and took no reportable Closed Session Item No. 9 Board considered item and took no reportable THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 2:17 P.M., AMBASSADOR MARTINEZ ADJOURNED THE DECEMBER 17, 2015 SPECIAL MEETING OF THE BOARD OF HARBOR COMMISSIONERS. Board Secretary APPROVED AS AMENDED BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD JANUARY 7, Page 7 of 7