Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MAY 7, 2020 AT 9:00 A.M.
Los Angeles Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org/commission/agenda-archive-and-videos
- 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).
- Written comments or materials may be submitted by emailing commissioners@portla.org. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on the day before the Board meeting. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call and transcribe your comment for this meeting. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session will be accepted up until the Board recesses into Closed Session.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: comissioners@portla.org , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponible para traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
ORDER OF BUSINESS
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
Audit Committee Meeting of April 16, 2020
G. Approval of the Minutes
Special Meeting of April 16, 2020
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 4)
Port Police
1. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39914 FOR THE PURCHASE OF AN UNDERWATER REMOTELY OPERATED VEHICLE
Transmittal 1
Summary: Staff requests approval of Contract No. 39914 with Teledyne Instruments, Inc., dba SeaBotix (SeaBotix), Poway, California for the purchase of an underwater remotely operated vehicle (ROV) for Los Angeles Port Police Dive Unit (Dive Unit) operations. The proposed purchase will replace the current ROV, purchased in 2013, that has a system computer and communications ports incompatible with the new technology available and has become obsolete. The ROV is used during public safety dive operations such as vessel collision investigations, air collision investigations, criminal investigations, potential submerged explosive devices, and critical infrastructure security sweeps. The contract with Teledyne Instruments is outlined in Formal Bid Request Number F-1072. The total contract amount is $231,242.10, inclusive of applicable tax and a 5-day comprehensive service, maintenance and flight training for two trainees. This contract is the financial responsibility of the 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 Section 2(f) of the Los Angeles City CEQA Guidelines; (2) award and approve Contract No. 39914 to Teledyne Instruments, Inc., dba SeaBotix for the purchase of an underwater remotely operated vehicle in the amount of $231,242.10, inclusive of applicable tax; (3) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39914 for and on behalf of the Board; and (4) adopt Resolution No.____________.
Community Relations
2. RESOLUTION NO. ____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HARBOR BREEZE CORP. FOR AS-NEEDED BOAT TOURS
Transmittal 1
Summary: Staff requests approval of a three-year agreement with Harbor Breeze Corp. (Harbor Breeze) to provide boat tours for both the Harbor Department’s student/youth programs and the as-needed programs for business-related and occasional community tours. The annual cost for the combined boat tour programs agreement is not-to-exceed $195,000 with a total not-to-exceed amount of $585,000 for the duration of the agreement. The Harbor Department is responsible for payment of 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 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 City Charter Section 1022, the Harbor Department does not own the required equipment and that the contractor will provide the vessels, as well as the crew; (3) approve the Agreement for a term of three years for a total not-to-exceed amount of $585,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Office of the City Attorney
Summary: The Office of the City Attorney ("Office") requests approval of a waiver of two potential conflicts of interest in favor of the law firm of Crowell & Moring LLP (Crowell). One involves an unrelated real estate title clearance in which Crowell represents Asian Americans Advancing Justice. This matter is not active. The second involves representation of the National Rural Electric Cooperative Association’s intervention in support of the Environmental Protection Agency’s affordable clean energy rule. Crowell has obtained reciprocal waivers from AAAJ and NRECA to allow Crowell to represent the City in the lawsuit entitled Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., USDC Case No. 2:20-cv-03251 as long as it is allowed to continue to represent those two parties in their matters. Both matters are completely unrelated to the Harbor Performance Enhancement Center (HPEC) allegations, and the Office recommends approval of both requests for a conflict waiver to allow Crowell to represent the City and Mr. Seroka in the HPEC matter.
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(f) of the Los Angeles City CEQA Guidelines; (2) formally waive any potential conflict that might arise from Crowell & Moring’s representation of Asian Americans Advancing Justice in in its real estate title clearance matter, and formally waive any potential conflict that might arise from Crowell & Moring’s representation of the National Rural Electric Cooperative Association’s intervention in support of the Environmental Protection Agency’s affordable clean energy rule; (3) authorize the Office of the City Attorney to execute a written conflict waiver; and (4) adopt Resolution No.____________.
Office of the City Attorney
Summary: The Office of the City Attorney (Office) requests approval of a legal services agreement between the City Los Angeles Harbor Department (Harbor Department) and Crowell & Moring LLP (Crowell), for advice and representation in a federal court lawsuit entitled Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., USDC Case No. 2:20-cv-03251. The proposed Agreement is for a term of three years with compensation authority of $300,000. This is the only firm on retainer for antitrust matters. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement.
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(f), of the Los Angeles City CEQA Guidelines; (2) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with Crowell & Moring LLP in the amount of $300,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution No.____________.
Regular Items (5 - 7)
Waterfront & Commercial Real Estate
5. RESOLUTION NO. ____________ - APPROVE SECOND AMENDMENT TO PERMIT NO. 930 WITH THE JANKOVICH COMPANY
Transmittal 1
Summary: Staff requests approval of the Second Amendment to Permit No. 930 with the Jankovich Company (Jankovich) for the use of City of Los Angeles Harbor Department (Harbor Department) property. The proposed Second Amendment will: 1) delete the Berth 51 barge premises from the Permit No. 930 premises, 2) grant Jankovich a Non-Exclusive Berthing Assignment to use Berth 73B for their barge operations, and 3) obligate Jankovich to maintain the roof of the Canetti’s building. The Harbor Department will have the right to request Jankovich to vacate the Berth 73B premises at their cost with 180 days’ written notice. The deletion of the Berth 51 premises and granting Jankovich a Non-Exclusive Berthing Assignment to use Berth 73B will result in annual rent under Permit No. 930 decreasing by $1,710.14 per year. However, this reduction in annual rent is anticipated to be partially offset by the cost savings ($1,262.50 per year over 20-year period) the Harbor Department will receive in exchange for Jankovich agreeing to maintain the Canetti’s building roof. Therefore, the Harbor Department does not anticipate any financial impact associated with the proposed Amendment.
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 Class 1(18)(b) of the Los Angeles City CEQA Guidelines; (2) approve the Second Amendment to the Permit No. 930 with The Jankovich Company; (3) direct the Board Secretary to transmit the Second Amendment to the City Council for approval pursuant to Charter Sections 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment upon approval by the City Council; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
6. RESOLUTION NO. ____________ - APPROVE RENT SUSPENSION/WAIVER AGREEMENT UNDER REVOCABLE PERMIT NO. 12-11 WITH THE JANKOVICH COMPANY
Transmittal 1
Transmittal 2
Summary: Staff requests approval of the rent suspension/waiver agreement with The Jankovich Company (Jankovich) for the operation of a marine oil facility at Berth 74 under Revocable Permit No. 12-11 (RP 12-11). The proposed rent suspension/waiver agreement will authorize Jankovich to suspend the fixed minimum rent payment and potentially waive all suspended fixed minimum rent payments should Jankovich meet the remediation requirements outlined below. This agreement is proposed to encourage the timely restoration of the RP 12-11 premises, which is critical to the San Pedro Public Market schedule and to relieve Jankovich of paying rent on both the vacant Berth 74 premises and the current Berth 73A premises where the business is currently operating. Effective December 2019, Jankovich relocated to Berth 73A under Permit No. 930, as requested by the City of Los Angeles Harbor Department (Harbor Department) and is obligated to pay $290,410 in annual compensation at that location. Over the maximum 12-month period of the proposed agreement, and based upon the current fixed minimum for RP 12-11 of $10,034.59 per month, the Harbor Department may forego up to $120,415.08 in rent if the proposed agreement is approved.
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(f) of the Los Angeles City CEQA Guidelines; (2) find that the proposed action is in the best interest of the City of Los Angeles Harbor Department to suspend and waive the suspended fixed minimum rent provided The Jankovich Company fulfills its obligation under the rent suspension/waiver agreement; (3) authorize the Executive Director to execute and the Board Secretary to attest to the proposed rent suspension/waiver agreement under Revocable Permit No. 12-11; and (4) adopt Resolution No.____________.
Financial Planning and Analysis
7. RESOLUTION NO. ____________ - REQUEST FOR BUDGETARY TRANSFER
Summary: Staff requests total budgetary transfers of $3,582,000 from the Adopted Operating Expense Budget’s Marketing and Public Relations, Travel, Outside Services, and Materials and Supplies categories to the Adopted Operating Expense Budget’s Salaries and Benefits, and Other Operating Expenses categories. This transfer is required to cover anticipated shortfalls within the Salaries and Benefits category for Regular Salaries, Employee Benefits Expenses, and Overtime; as well as the Other Operating Expenses category for Electricity and Environmental Incentives. As surpluses are expected to be available within the Adopted Operating Expense Budget’s Marketing and Public Relations, Travel Expenses, Outside Services, and Materials and Supplies categories, the overall Fiscal Year (FY) 2019/20 Adopted Budget will remain unchanged at $278,046,454. Payment of Salaries, Benefits, Overtime, Electricity, and Environmental Incentive expenses 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 Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the following budgetary transfers to resolve a projected shortfall in the respective operating expense accounts: a. transfer $1,060,126 from the Adopted Operating Expense Budget, Account 54260, Center 0330, Program 000 as follows: 1. $582,000 to Account 59965, Center 0330, Program 000; 2. $378,126 to Account 51610, Center 0900, Program 000; 3. $100,000 to Account 51010, Center 0900, Program 000; b. transfer $800,000 from the Adopted Operating Expense Budget, Account 54290, Center 0429, Program 000 to Account 59510, Center 0900, Program 000; c. transfer $750,000 from the Adopted Operating Expense Budget, Account 54060, Center 0311, Program 000 to Account 51110, Center 0412, Program 000; d. transfer $192,348 from the Adopted Operating Expense Budget, Account 53000, Center 0900, Program 000 to Account 51010, Center 0900, Program 000; e. transfer $187,744 from the Adopted Operating Expense Budget, Account 53100, Center 0900, Program 000 to Account 51010, Center 0900, Program 000; f. transfer $157,082 from the Adopted Operating Expense Budget, Account 54410, Center 0120, Program 000 as follows: 1. $82,871 to Account 51110, Center 0412, Program 000; 2. $50,000 to Account 59510, Center 0900, Program 000; 3. $21,874 to Account 51610, Center 0900, Program 000; 4. $2,337 to Account 51010, Center 0900, Program 000; g. transfer $150,000 from the Adopted Operating Expense Budget, Account 54290, Center 0422, Program 000 to Account 59510, Center 0900, Program 000; h. transfer $101,000 from the Adopted Operating Expense Budget, Account 54420, Center 0570, Program 000 to Account 51110, Center 0412, Program 000; i. transfer $100,000 from the Adopted Operating Expense Budget, Account 55110, Center 0311, Program 000 as follows; 1. $66,129 to Account 51110, Center 0412, Program 000; 2. $33,871 to Account 51010, Center 0900, Program 000;
j. transfer $83,700 from the Adopted Operating Expense Budget, Account 52030, Center 0900, Program 000 to Account 51010, Center 0900, Program 000; (3) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (4) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (5) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Travelers Property Casualty Company and Navigators Insurance Company v.
City of Los Angeles, United States District Court Case No. 15-CV-7799 GW (PJWx)
2. 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,
Los Angeles Superior Court Case No. 19STCP02431
3. 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., United States District Court Case No. 2:20-cv-03251
4. 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
5. 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
6. 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: (two cases)
7. 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)
L. Adjournment
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.