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Regular Agenda - April 19, 2018

 

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REGULAR MEETING AGENDA
THURSDAY, APRIL 19, 2018 AT 8:30 A.M.

Board of Harbor Commissioners
Vice President David Arian
Commissioner Jaime L. Lee
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

__________________________________________________________________________________

ORDER OF BUSINESS

OPEN SESSION

A. Roll Call

B. Election of Officers

PURSUANT TO SECTION 503(A) OF THE CITY OF LOS ANGELES CHARTER, THE BOARD SHALL ELECT ONE OF ITS MEMBERS AS PRESIDENT AND ONE VICE PRESIDENT.
OFFICERS SHALL HOLD OFFICE FOR ONE YEAR AND UNTIL THEIR SUCCESSORS ARE ELECTED, UNLESS THEIR MEMBERSHIP ON THE BOARD EXPIRES SOONER.
ELECTIONS SHALL BE HELD DURING ITS LAST MEETING IN JULY OF EACH YEAR, BUT THE BOARD MAY FILL THE UNEXPIRED TERM OF ANY VACANCY OCCURRING IN THE OFFICE OF PRESIDENT OR VICE-PRESIDENT AT ANY MEETING.
THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY TO FILL THE VACANT POSITION OF BOARD PRESIDENT.
PRESIDENT: _________________________

C. Executive Director Remarks

D. Comments from the Public on Non-Agenda Items

E. 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.

F. Reports of the Commissioners

G. Board Committee Reports

1. Alameda Corridor Transportation Authority (ACTA) Committee Meeting of April 12, 2018.

H. Approval of the Minutes

1. Regular Meeting of April 5, 2018

I. Presentation

J. Level I Coastal Development Permit

Transmittal 1
Transmittal 2
Transmittal 3

The Executive Director has approved two Level I CDPs:

CDP No. 18-06 Shore Terminals, LLC - Modifications and Improvements to Convert Two Existing Aboveground Storage Tanks form Black Oil to Diesel

CDP No. 18-08 Eagle Marine Services - Demolish the Primary Marine Building and Relocate the Substation

K. Board Reports of the Executive Director

Consent Item No. 1

Community Relations

1. RESOLUTION NO.____________ - APPROVAL OF AGREEMENTS FOR HELICOPTER RENTAL SERVICES AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND GROUP 3 AVIATION, INC.; HELINET AVIATION SERVICE; AND ISLAND EXPRESS HELICOPTERS, INC.

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests approval of three agreements for helicopter rental services for aerial photography and aerial tours of the Port of Los Angeles (Port) complex for a term of three years per agreement. The total sum of the three proposed agreements shall be from a pool of funds established by the City of Los Angeles Harbor Department (Harbor Department), which said pool of funds shall not exceed $30,000 for three years. The Harbor Department is financially responsible for payment of expenses incurred under the proposed agreements.

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 Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the three agreements for a term of three-years for a sum not-to-exceed $30,000 for three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreements for and on behalf of the Board; and (4) adopt Resolution No.____________.

Regular Items (2-4)

Information Technology

2. RESOLUTION NO.____________ - CONTRACT NUMBER 39844 WITH INSIGHT PUBLIC SECTOR, INC. FOR COMPUTER SOFTWARE AND RELATED SUPPORT SERVICES

Transmittal 1

Summary: Staff is requesting approval to award Contract No. 39844 to Insight Public Sector, Inc. (Insight) for the purchase of computer software licenses, software maintenance renewals, and related software support services. This includes purchases to meet on-going operations, new projects and future growth requirements for front-end software such as business applications, desktop software, and email, and back-end software such as databases, operating systems, troubleshooting tools, technology management, cyber security and network software. The proposed Contract No. 39844 is for an estimated amount not-to-exceed $5,500,000 and a term of one year, with two one-year renewal options. The recommendation to select Insight is based on the competitive Request for Proposal (RFP) process performed by the County of Fairfax, Virginia (Fairfax) for its Contract No. 4400006644. The existing software contract for the City of Los Angeles (City) is based on the same Fairfax contract. Insight is headquartered in Tempe, Arizona, with offices in Southern California. Expenditures under the proposed Contract are the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).

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 Class 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Los Angeles Administrative Code Section 10.15(a)(8), the City may enter into the proposed contract based on the terms and conditions of Contract No. 4400006644 between the County of Fairfax, Virginia and Insight; (3) approve Contract No. 39844 with Insight for a duration of one year, with two one-year renewal options, and a not-to-exceed compensation amount of $5,500,000; (4) authorize the Executive Director to exercise the two one-year renewal options; (5) authorize the Executive Director to execute and the Board Secretary to attest to said contract, for and on behalf of the Board; and (6) adopt Resolution No.____________.

Cargo & Industrial Real Estate

3. RESOLUTION NO.____________ - APPROVE PERMIT NO. 937 WITH SPACE EXPLORATION TECHNOLOGIES CORP. TO CONSTRUCT AND OPERATE A RESEARCH, DESIGN, AND MANUFACTURING FACILITY

Transmittal 1
Transmittal 2

Summary: Staff requests approval of new term Permit No. 937 (P937) between the City of Los Angeles Harbor Department (Harbor Department) and Space Exploration Technologies Corp. (SpaceX), a Delaware corporation, for the purpose of constructing and operating a research, design, and manufacturing facility for rockets and spacecraft. The rockets, once complete, would be too large for reasonable transport by road and thus must be transported by barge or ship, necessitating that the facility be water adjacent. Staff initiated discussions with SpaceX in 2015, understanding the importance of retaining high-technology jobs in the City of Los Angeles by having the research and development facility located in the Port of Los Angeles (Port). SpaceX also considered other sites throughout the country. Ultimately, both SpaceX and staff agreed that the 19- acre site at the former Southwest Marine facility at Berth 240 was the most viable site for the project. Staff has negotiated P937 for an initial ten-year term with two, ten-year options to extend, with an initial annual rent of approximately $1.38 million and annual adjustments based on the Consumer Price Index (CPI). SpaceX will receive credits that offset rent in exchange for tenant improvements constructed on the property for the initial ten-year term and the first ten-year option period. The improvements will transfer to the Harbor Department at the end of the term.

Recommendation: Board resolve to (1) find that this action is administratively exempt from CEQA pursuant to the City of Los Angeles CEQA Guidelines Article 2, Section 2(i). This section exempts, "any activity (approval of bids, execution of contracts, allocation of funds, etc.) for which the underlying project has previously been evaluated for environmental significance and processed according to the requirements of these Guidelines. This action was assessed in the Final Initial Study/Mitigated Negative Declaration for the Berth 240 Transportation Vessels Manufacturing Facility Project (Los Angeles Harbor Department Application for Port Permit No. 170117-008, State Clearinghouse No. 2017121023. adopted by the BOHC on March 15, 2018 (Resolution No. 18-8259); (2) find that the proposed action is in the best interest of the City and Harbor Department despite the fact that the estimated rate of return on investment does not meet stated policy targets as enacted by the Board; (3) find that the proposed action is in the best interest of the City and Harbor Department despite the fact that the proposed permit was not a result of a public solicitation or request as this action has the potential to result in 700 jobs and the site has not been occupied by a tenant since October 2005; (4) approve Permit No. 937 with Space Exploration Technologies Corp.; (5) direct the Board Secretary to transmit Permit No. 937 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (6) authorize the Executive Director to execute and the Board Secretary to attest to the Permit upon approval by City Council; and (7) adopt Resolution No.____________.

Office of the City Attorney

4. RESOLUTION NO.____________ - WAIVING THE POTENTIAL CONFLICT WITH RESPECT TO GORDON & REES, SCULLY MANSUKHANI LLP'S REPRESENTATION OF TRAVELERS INSURANCE COMPANY AND COLONIAL YACHT ANCHORAGE

Summary: The law firm of Gordon & Rees, Scully Mansukhani, LLP has requested a conflict waiver so that they may represent Travelers Insurance Company in its attempt to intervene and defend Wilmington Marine Services (a defunct corporation) in City of Los Angeles v. Wilmington Marine Services, Los Angeles Superior Court Case No. BC559959, and that it may continue to defend Colonial Yacht Anchorage in City of Los Angeles v. Colonial Yacht Anchorage, Los Angeles Superior Court Case No. BC559960.

Recommendation: Board resolve to (1) formally waive any potential conflict that might arise by way of Gordon & Rees, Scully Mansukhani, LLP’s representation of Travelers Insurance and Colonial Yacht Anchorage in the above referenced cases; (2) authorize the City Attorney’s office to execute a written conflict waiver; (3) adopt Resolution No.____________; and (4) authorize and direct the Board Secretary to transmit the conflict waiver to the City Council for its approval.

 

CLOSED SESSION

L. Closed Session Items

1. 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:
(1 case).

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Wilmington Marine Service, Inc., Los Angeles Superior Court Case No. BC559959

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Colonial Yacht Anchorage, Inc., Los Angeles Superior Court Case No. BC559960

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Long Beach v. City of Los Angeles, et al., Supreme Court Case No. S247157, After a Decision by the Court of Appeal, First Appellate District, Division Three, Case No. A148993

Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0300, including intervention by City of Carson

Consolidated with:

California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0311

City of Long Beach v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0312

Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0308

East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0309

Long Beach Unified School District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0310

South Coast Air Quality Management District v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0313

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080

6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD01106

7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD01082

8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD01156

9. CONFERENCE WITH LEGAL COUNSEL = EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD00950

10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01078

11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01084

12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026

13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01025

14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD01101

15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD01081

16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD01109

17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD01077

18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD01105

19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083

20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD00949

21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01079

22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102

23. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD01103

24. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 17LBUD01104

25. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00467

26. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00591

27. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00592

28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00464

29. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00465

30. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 18LBUD00466

31. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Dave James dba Blue Water Diving Co., Los Angeles Superior Court Case No. 18LBUD00589

32. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Gary Owen dba McCloud Ringworks, Los Angeles Superior Court Case No. 18LBUD00590

33. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9

City of Los Angeles v. Sam Cho; Sung Cho, Los Angeles Superior Court Case No. 18LBUD00468

M. Adjournment


 

Los Angeles Harbor Commission


BOARD MEETINGS
The Board's Regular Meetings are the first and third Thursday of each month at 8:30 A.M. at the Harbor Administration Building Boardroom or as scheduled on the Port's website at www.portoflosanageles.org. A quorum of three of five Commissioners is required to transact business and three Aye votes are required to carry a motion. 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.

Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will post the revised agenda on the Port's web site (http://www.portoflosangeles.org). Updated agendas will also be available at the meeting. Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor). As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission Office at (310) 732-3444.

Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.

OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE BOARD
Before reaching those portions of the agenda where Board action is requested, members of the public will be given an opportunity to address the Board on items of interest within the subject matter jurisdiction of the Board (general public comment). Thereafter, members of the public will be given an opportunity to address the Board on any item on the consent or regular agendas prior to or during the Board's consideration of that item. The same opportunity will be given in open session regarding the closed session agenda prior to commencement of closed session. Members of the public who wish to speak during general public comment are to complete a speaker card so indicating. Members of the public who wish to speak regarding a particular agenda item(s) are to complete a speaker card(s) for each such item. Agendas for special meetings will permit the public to address particular agenda items even where the agenda does not include general public comment. Each speaker is allowed to speak up to 3 minutes per agenda item. The Presiding Officer shall, however, exercise discretion to determine whether such period of time should be reduced or extended based upon such factors as the length of the agenda or substance of the agenda items, the number of public comment speaker cards submitted, the need for the Board to conclude its business as expeditiously as is practicable, and whether the Board is at risk of losing a quorum, among other factors.

If you wish to provide documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official record.

 
 
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