Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Convene in Memory of Adam Birkenbach
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
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.
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
Regular Meeting of January 24, 2019
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Summary: Staff requests approval of Office License Agreement No. 114763 with Premier Office Centers, LLC (Premier) for approximately 80 square feet of office space described as Office No. 1241, located on the twelfth floor of 100 Oceangate, Long Beach, CA. The office space is used for Los Angeles Port Police (Port Police) in support of court proceedings at the Long Beach Courthouse. The location was selected for improved efficiencies in collaborating with the Los Angeles City Attorney and Los Angeles Police Department, which also have satellite offices in the same building. The Agreement is for a term of 24 months beginning in February 2019 and concluding on January 31, 2021, at a cost of $761.33 per month fixed for the term. Monthly rent payments will be 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 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 Office License Agreement No. 114763; (3) authorize the Executive Director to execute and the Board Secretary to attest to Office License Agreement No. 114763; and (4) adopt Resolution No.____________.
2. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PRESTIGIOUS INVESTIGATIVE SERVICES, INC., FOR BACKGROUND INVESTIGATION SERVICES ON AN AS-NEEDED BASIS
Transmittal 1
Transmittal 2
Summary: Staff requests Board of Harbor Commissioners approval of an Agreement with Prestigious Investigative Services, Inc. (Prestigious), Upland, California, to provide services to the City of Los Angeles Harbor Department (Harbor Department) for as-needed personnel background investigations of prospective Port Police civilian employees, and other Harbor Department employees as assigned. The purpose of the background investigations is to determine suitability for employment. Prestigious has been successfully performing background investigations for the Harbor Department since January 17, 2018, under Agreement E6952, which expires on January 16, 2019. Staff continues to require assistance in carrying out this function due to insufficient Harbor Department staff trained and available to facilitate background investigations. The services provided by Prestigious do not include background investigation services for entry-level sworn police officer candidates which are conducted by the City of Los Angeles Personnel Department. This action will authorize a one-year contract term with two, one-year renewal options, for an amount not to exceed $80,000. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined 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) find that in accordance with the Los Angeles City Charter Section 1022, there are no City employees available to perform the work being proposed for contracting; (3) award the one-year agreement (with two renewal options) to Prestigious Investigative Services, Inc.; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
3. RESOLUTION NO.____________ - PERMANENT ORDER AMENDING THE PORT OF LOS ANGELES TARIFF NO. 4, SECTION THIRTEEN – PARKING CHARGES, ITEM NO. 1300
Transmittal 1
Summary: Staff requests amending Port of Los Angeles Tariff No. 4 (Tariff No. 4) Section Thirteen – Parking Charges, Item 1300 (a) and (c), to reflect a proposed increase to parking rates effective June 1, 2019 and June 1, 2020 (Amendment). The Amendment provides for a one-dollar increase in the maximum daily rate at the World Cruise Center for regular-sized vehicles from $18 to $19 effective June 1, 2019, and from $19 to $20 effective June 1, 2020. In addition, the maximum daily rate for oversized vehicles will be increased by two dollars from $36 to $38 effective June 1, 2019, and from $38 to $40 effective June 1, 2020. The Amendment also provides for a one-time increase in the monthly rates from $80 to $90 for regular-sized vehicles, and from $160 to $180 for oversized vehicles effective June 1, 2019. Parking for the first hour will continue to remain free of charge, with each subsequent hour also continuing to be charged two dollars until the maximum daily rate is achieved. Based on recent cruise terminal throughput, and the proposed escalations in maximum daily and monthly rates, it is anticipated that for the Fiscal Year (FY) 2019-2020 and FY 2020-2021 periods, net receipts to the City of Los Angeles Harbor Department (Harbor Department) will increase by approximately $137,000 to $205,000, respectively. Total net receipts to the Harbor Department are expected to grow from $2,614,302 to approximately $2,785,381 to $2,956,459 for FY 2019-2020 and FY 2020-2021, respectively. The Ordinance implementing the Permanent Order provides that a violation of the provisions of Item No. 1300 shall be an infraction under the Tariff.
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 Port of Los Angeles Tariff No. 4, Section Thirteen - “Parking Charges”, Item No. 1300 (a) and (c), 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 California Association of Port Authorities procedure; (3) adopt Permanent Order No. ____________ to amend Section Thirteen of the Port of Los Angeles Tariff No. 4, Item No. 1300, “Charges for Designated Paid Parking Areas on Harbor Department Premises”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) 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 City of Los Angeles Harbor Department’s website; and (6) adopt Resolution No.____________.
4. RESOLUTION NO.____________ - RESOLUTION APPOINTING COMMISSIONER EDWARD R. RENWICK TO THE GOVERNING BOARD OF THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY
Regular Items (5 & 6)
5. RESOLUTION NO.____________ - PROPOSED TEMPORARY ENTRY AND USE PERMIT NO. 1715 WITH CIRQUE DU SOLEIL AMERICA, INC. FOR PREMISES AT BERTHS 88-89 AND LIBERTY PLAZA PARKING LOT
Transmittal 1
Summary: Staff requests approval of Temporary Entry and Use Permit (TEUP) No. 1715 to Cirque Du Soleil America, Inc. (Cirque) to construct, operate, and maintain a temporary live entertainment facility for the show “Amaluna” at Berths 88-89, in front of the USS Iowa, from March 25 through June 7, 2019. “Amaluna” performances will run from April 25 through May 26, 2019. During weekends, Cirque staff will utilize Liberty Plaza Parking Lot for staff parking. Cruise passenger parking will not be impacted because cruise passengers will have parked and boarded cruise ships prior to the start of Cirque performances. The proposed TEUP exceeds Executive Director authorization under the TEUP Policy and requires Board action because (1) the negotiated total TEUP fee of $200,000 to be paid to the City of Los Angeles Harbor Department (Harbor Department) exceeds the $150,000 authority delegated to the Executive Director and (2) the proposed TEUP duration of 75 days exceeds the 60-day threshold time frame in the current Board approved TEUP Policy.
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(1) and Class 4(6) of the Los Angeles City CEQA Guidelines; (2) approve Temporary Entry and Use Permit No. 1715 between the City of Los Angeles Harbor Department and Cirque Du Soleil America, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Temporary Entry and Use Permit No. 1715; and (4) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
6. RESOLUTION NO.___________ - APPROVE RIGHT OF ENTRY PERMIT WITH LOS ANGELES DEPARTMENT OF WATER & POWER
Transmittal 1
Summary: Staff requests approval of a Right of Entry Permit (Permit) with the Los Angeles Department of Water & Power (LADWP) to allow the City of Los Angeles Harbor Department (Harbor Department) to access and enter approximately 7.389 acres of property owned by LADWP (LADWP Property) located south of Harry Bridges Boulevard and west of Avalon Boulevard in Wilmington, CA. The Permit is for a term of three years, with two 1-year extension options, and will allow the Harbor Department to commence construction activities on the LADWP Property for the development of the Wilmington Waterfront Promenade and Avalon Promenade and Gateway Projects while the Harbor Department and LADWP process a permanent exchange of property rights. As the Permit is being offered rent-free, the Harbor Department’s financial obligations will not be impacted by the approval of the proposed Permit.
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(i) of the Los Angeles City CEQA Guidelines - any activity for which the underlying project has previously been evaluated for environmental significance (SCH# 2008031065, APP# 050927-164); (2) find that it is in the best interest of the Harbor Department to enter into a Right of Entry Permit with the Los Angeles Department of Water & Power to enter Los Angeles Department of Water & Power property for purposes of construction activities; (3) approve the Right of Entry Permit with Los Angeles Department of Water & Power; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Right of Entry Permit; and (5) adopt Resolution No.___________.
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. L.A. Terminals, Inc., et al., Los Angeles Superior Court Case No. NC061591
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
L.A. Terminals, Inc. v. City of Los Angeles, et al., United States District Court Case No. 2:18-cv-06754-CAS
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (one case)
L. Adjournment