The Small Craft Harbor Commission voted 4-1 Wednesday, March 14th, to approve a recommendation to forward a proposed 60-year lease option for redevelopment of a land parcel (Boat Central) to the Los Angeles County Board of Supervisors. The meeting was held at the Burton Chace Park Community Building in Marina del Rey.

The parcel is on Fiji Way along Basin H.

Commission member Albert Landini, Jr., who voted against the approval, contended that, since the proposed lease calls for building a dry-stack boat storage project partially extending over the Marina harbor water, a yes vote would imply signing off on the use of “air rights” above the property, which is not in the purview of the Small Craft Harbor Commission.

Landini told The Argonaut that it is not clear whether the structure — of which a portion would extend over the water in the Marina harbor — would have shafts drilled down to hold the structure in place — or if the structure “cascades” over the water.

If the structure is supported by shafts, drilling below the waterline would presumably require input from the U.S. Army Corps of Engineers and the California Coastal Commission.

If the structure cascades out over the water, it violates the air rights above the water and would require approval from other agencies as well, said Landini.

The proposed redevelopment would include construction of a dry-stack storage building, partially built over the water, with a maximum height of 70 feet, to accommodate a minimum of 345 dry-stack storage spaces and using an overhead gantry crane, with a 1,600-square-foot maintenance facility and 28 trailer storage spaces, according to county documentation.

Included is construction of a 3,070-square-foot office/lobby; a 3,265-square-foot Los Angeles County Sheriff’s Department Marina Station boatwright facility with yard; 30 mast-up storage spaces; a dedicated public wash-down space; and no less than 131 on-site parking spaces.

Complete replacement of existing docks with new docks made of concrete or other approved material, except that the Sheriff’s Department maintenance docks might be delayed up to ten years, pending approval (by Los Angeles County Beaches and Harbors director Stan Wisniewski) of the marine engineering report, according to county documents.

Construction would be completed within 24 months from commencement of the lease, subject to “force majeure,” and the total development cost would be not less than $7.5 million, according to county documentation.

The force majeure provision excuses a party from liability if some unforeseen event beyond the control of the party prevents it from performing its obligations under the contract, such as natural disasters, other acts of God, war, or failures of third parties to perform their obligation to the contracting party.

MARINA DEL REY AREA TRAFFIC MITIGATION — A quarterly report presented at the meeting by Barry Kurtz, transportation engineer consultant to County of Los Angeles Department of Beaches and Harbors updated traffic mitigation information in the Marina del Rey area.

Transportation improvements under construction affecting the Marina include:

— adding a separate northbound right-turn lane on Lincoln Boulevard at Mindanao Way (Playa Vista mitigation project, April completion date);

— adding a third through lane in each direction of Lincoln Boulevard from Bali Way to 83rd Street (Caltrans, completion mid- 2008)

— adding a fourth northbound lane on Lincoln Boulevard from La Tijera Boulevard to LMU Drive (Caltrans, completion mid-2008);

— construction of 3.6 miles of high occupancy vehicle lanes northbound and southbound on the San Diego (I-405) Freeway from the Santa Monica (I-10) Freeway to the Marina (state route 90) Expressway, including sound walls for noise mitigation (Caltrans, completion fall 2007);

— construct intersection at Lincoln Boulevard/Bluff Creek (Playa Vista) with signal concurrent with Caltrans work on Lincoln Boulevard (City of Los Angeles project, completion mid- 2008).

TRANSPORTATION IMPROVEMENT PROPOSALS — Kurtz also reviewed transportation improvement proposals in various stages of approval:

—environmental impact report/statements (EIR/EIS) by the County of Los Angeles to consider the Marina Expressway (state route 90) connector road to Admiralty Way (EIR/EIS completion, 2007);

— environmental impact report/statement by the county of Los Angeles to consider either a five-lane alternative within existing right-of-way or five/six lane alternative on Admiralty Way (EIR/EIS completion, 2007);

— as part of the Admiralty Way improvement project, consideration by the County of Los Angeles for the realignment of Admiralty Way to form a continuous loop road with Via Marina (County EIR/EIS completion, 2007);

— restriping of northbound Palawan Way to provide a separate right-turn lane to Admiralty Way, and restriping southbound on Palawan Way to provide a second left-turn lane (county, completion 2008);

— reconstruction of Palawan Way at Washington Boulevard to allow full access, and installation of a traffic signal at the intersection providing dual left-turn lanes instead of the existing right-turn only lane (county, completion 2008);

— addition of an exclusive northbound right-turn lane from northbound Admiralty Way to eastbound Mindanao Way (future);

— addition of second left-turn lane on westbound Fiji Way at Lincoln Boulevard (county completion 2011);

— Fiji Way Bike Lane Improvement Project: widen the south side of Fiji Way by two feet to allow the installation of bike lanes along both sides of Fiji Way (project submitted to MTA (Metropolitan Transportation Authority) 2007 “Call for projects” for funding ( project would not preclude a future off-road path through county-owned property Area A — county completion 2011);

— addition of a third northbound lane for Centinela Avenue widening from Ballona Creek to Culver Boulevard (Playa Vista Phase II completion 2010);

— addition of a fourth eastbound lane on Jefferson Boulevard widening from Beethoven Street/Centinela Avenue (Playa Vista Phase II completion 2007);

— addition of a third southbound lane with Sepulveda Boulevard widening from Playa/Jefferson Boulevard to Green Valley Circle (Playa Vista completion 2007);

— addition of a third left-turn lane from westbound Slauson Avenue to Marina (state route 90) Expressway, pending City of Culver City approval (Playa Vista completion 2007);

— Marina del Rey summer shuttle pilot program in partnership with Playa Vista and Los Angeles County, approved for expansion for 2007 (Playa Vista internal shuttle system, on a demand/response basis to Marina del Rey from The Bridge at Howard Hughes Center, Fox Hills, LMU and Playa del Rey);

— an exclusive bus lane along Lincoln Boulevard, recommended by Lincoln Corridor Task Force March 2004 and approved by the City of Santa Monica, under study by the City of Los Angeles.

In other business, Stan Wisniewski, director of Los Angeles County Department of Beaches and Harbors, advised the Small Craft Harbor Commission that lessees of the Capri Apartments at 13953 Panay Way, Goldrich and Kest, had finally signed the covenants (covenants, conditions and restrictions are governing documents) related to affordable housing on February 20th.

Speakers at the February meeting of the Small Craft Harbor Commission had expressed anger about the fact that the Capri Apartments management company, Goldrich and Kest, had allegedly refused to sign the required documents for over a year, and urged commission chair Harley Searcy to determine why Goldrich and Kest had failed to sign.

A condition of the project requires the lessee to enter into a joint covenant and agreement with the Los Angeles County Community Development Commission, Department of Regional Planning and the Department of Beaches and Harbors, according to county documentation.

The covenant required that a total of ten designated units of the proposed 99 units in the Capri Apartments project “shall be income-restricted and rented only at an affordable rate and exclusively to a low-income person or household.”

The unit composition/bedroom mix of the project’s ten designated units “shall be as follows: five one-bedroom units and five two-bedroom units, dispersed throughout the project and compatible with the exterior design of the project’s market rate units in terms of appearance, materials and finished quality,” according to county documents.

— During public comment, one speaker alleged that Wisniewski was “reverse engineering” the proposed Boat Central project lease option by telling the developer he could have the 60-year lease option without approval of certain conditions by the U.S. Army Corps of Engineers and the California Coastal Commission.

The speaker alleged that Wisniewski had stated earlier that he believed the project would be approved, and she asked, “What does he (Wisniewski) know that we don’t?”

— Speakers again addressed the fact that there is no Master Plan for development in the Marina and that all projects seemed to be piecemeal, without following the guidelines of the Marina del Rey Local Coastal Plan (LCP), and that the proper way to proceed would be to get the Marina del Rey LCP amended through the California Coastal Commission and then proceed with developments.