LOS ANGELES BOARD OF HARBOR COMMISSIONERS Harbor Administration Building 425 S. Palos Verdes Street San Pedro, California 90731 Board of Harbor Commissioners President Jaime L. Lee Vice President David Arian (in Memoriam) Commissioner Lucia Moreno-Linares Commissioner Anthony Pirozzi, Jr. Commissioner Edward R. Renwick BOARD MEETINGS - The Board s Regular Meetings are the first and third Thursday of each month at 9:00 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. Upon request, non-english speakers will be granted additional speaking time for translation assistance. If you request to distribute documents to the full Commission, please present the Board Secretary with twelve (12) copies. Otherwise, your materials will simply be added to the official meeting record. Requests to distribute literature to the general public attendees of the meeting shall be placed on a literature table outside the Boardroom during and until 30 minutes after the Board meeting. Page 1 of 10
ORDER OF BUSINESS Convene in Memory of Board of Harbor Commissioner Vice President Dave Arian OPEN SESSION A. Roll Call B. Executive Director Remarks C. Speaking Opportunity in Memory of Vice President Arian 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 H. Approval of the Minutes Special Meeting of December 18, 2018 Page 2 of 10
I. Presentation J. Level I Coastal Development Permit The Executive Director has approved three Level I CDPs: CDP No. 18-21 CDP No. 18-22 CDP No. 18-23 Port of Los Angeles Engineering to Demolish Construction and Maintenance Buildings 2 and 3 and Perform Related Work Port of Los Angeles Engineering to Demolish the former Matson Building and Perform Related Work Port of Los Angeles Remove Portions of Idle Pipeline at Berth 81 and along Sampson Way Page 3 of 10
K. Board Reports of the Executive Director Consent Items (1 & 2) Cargo Marketing 1. RESOLUTION NO. - APPROVAL OF FIRST AMENDMENT FOR FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 13-3181 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND H. RAUVEL, INC. DBA NOVA CONTAINER FREIGHT STATION, FTZ 202, SITE 36 Summary: Staff requests the approval of a First Amendment (First Amendment) to Foreign-Trade Zone (FTZ) Operating Agreement No. 13-3181 between the City of Los Angeles Harbor Department (Harbor Department) and H. Rauvel, Inc. DBA Nova Container Freight Station (Nova) to continue operating its warehouse within FTZ 202, Site 36, located at 1710 East Sepulveda Blvd., Carson, California 90745. The Harbor Department, as the FTZ grantee, establishes General Purpose Operating Agreements with FTZ site operators to oversee their FTZ operations. Nova s current FTZ Operating Agreement No. 13-3181 will expire on March 31, 2019. Term of the agreement is fiveyears with three, five-year renewal options. Nova requests to continue operating its warehouse as an FTZ warehouse. The Harbor Department needs to execute the First Amendment to extend the Agreement, as required by the FTZ Board. Site 36 consists of 259,249 square feet of warehouse and office space on 11.61 acres located approximately nine miles from the Port of Los Angeles. Nova will operate its warehouse under FTZ procedures as a multi-usage site. This proposed First Amendment will not require funding by the Harbor Department. If the proposed amendment is approved, the Harbor Department will receive $7,750 from Nova (per FTZ Tariff No. 2). Management has determined that the proposed action is administratively and 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 the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 13-3181 between the City of Los Angeles Harbor Department and H. Rauvel, Inc. DBA Nova Container Freight Station; (3) direct the Board Secretary to transmit the proposed First Amendment of Foreign-Trade Zone Operating Agreement No. 13-3181 to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment of Foreign-Trade Zone Operating Agreement No. 13-3181; and (5) adopt Resolution No.. Page 4 of 10
Waterfront & Commercial Real Estate 2. RESOLUTION NO. - SUB-LICENSE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE MARINE EXCHANGE OF LOS ANGELES/LONG BEACH HARBOR, INC. FOR THE PORT POLICE RADIO SYSTEM REBANDING PROJECT, PHASE I Summary: Staff requests approval of a sub-license agreement (Sub-License Agreement) between the non-profit Marine Exchange of Los Angeles/Long Beach Harbor, Inc. (Marine Exchange) and the City of Los Angeles Harbor Department (Harbor Department). The Sub-License Agreement will enable the Harbor Department to utilize a portion of the Marine Exchange property located at 3601 S. Gaffey Street in San Pedro, CA (Marine Exchange Property) for the phase I installation, maintenance and operation of the Los Angeles Port Police (Port Police) Radio System Rebanding Project (Phase I Radio Project) as mandated by the federal Spectrum Act. Although the Marine Exchange Property is being offered rent-free to the Harbor Department under the terms of the Sub- License Agreement, the Harbor Department is financially responsible for the costs associated with the construction of the radio infrastructure, as well as, any incremental utility costs associated with the ongoing operation of the radio infrastructure. The Phase I Radio Project is currently estimated to cost $1,202,310 while the ongoing utility costs are estimated to be approximately $1,000 per year. 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 3(4) of the Los Angeles City CEQA Guidelines; (2) approve the Sub-License Agreement with the Marine Exchange of Los Angeles/Long Beach Harbor, Inc.; (3) direct the Board Secretary to transmit the proposed Sub-License Agreement to the Los Angeles City Council for approval, pursuant to Administrative Code Section 10.5; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Sub-License Agreement upon approval of the City Council; and (5) adopt Resolution No.. Page 5 of 10
Regular Items (3 6) Construction 3. RESOLUTION NO. - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: LONEROCK, INC. BERTH 200 RAIL YARD & TRACK CONNECTIONS ENHANCEMENT SPECIFICATION NO. 2779 Summary: Staff requests that the Board of Harbor Commissioners approve the award of a contract (Contract) to Lonerock, Inc., to construct the Berth 200 Rail Yard & Track Connections Enhancement (Project). The Project consists of installing track pan drains including a drainage detention tank, and waterline relocations. The lowest responsive and responsible bidder is Lonerock, Inc., located at 70 Domani, Irvine, CA 92618. The Contract amount of $4,130,570, plus a 10% contingency, is $4,543,627, and the Contract duration is 365 calendar days. Payment of expenses incurred under the Contract is the financial responsibility of the Harbor Department. 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; (2) find that, in accordance with the Los Angeles City Charter Section 1022, work under the subject Contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve, Specification No. 2779 for Item Nos. 1 through 22 of the proposal schedule to Lonerock, Inc. for the amount of $4,130,570; that a 10% contingency not included in the original Contract amount be applied for a total authorization of$4,543,627; and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 365 calendar days from the Notice to Proceed; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) in accordance with City Charter Section 655 (g), delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion; and (6) adopt Resolution No.. Page 6 of 10
Port Police 4. RESOLUTION NO. - AWARD OF CONTRACT NO. 39868 TO VIGILANT SOLUTIONS, LLC FOR THE PURCHASE OF A FIXED LICENSE PLATE READER CAMERA SYSTEM Summary: Staff requests approval of Contract No. 39868 with Vigilant Solutions, LLC, Livermore, California (VIGILANT) for the purchase of a fixed automated license plate reader (ALPR) system including hardware, software, installation and provisioning the solutions at multiple locations in and around the Harbor District. The total contract amount is $531,476.52 including applicable tax, standard installation, provisioning, extended warranty and technical documentation. This contract is the financial responsibility of the Harbor Department. 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(6) of the Los Angeles City CEQA Guidelines; (2) find that the proposed First Amendment qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional character for which competitive bidding is not practicable or advantageous, pursuant to Los Angeles City Charter, Section 371(e)(2) and Los Angeles Administrative Code Section 10.15(a)(2); (3) award and approve Contract No. 39868 to Vigilant Solutions, LLC for the purchase of a fixed ALPR system in the amount of $531,476.52; (4) authorize the Executive Director to execute and the Board Secretary to attest to Contract No. 39868 for and on behalf of the Board; and (5) adopt Resolution No.. Page 7 of 10
Waterfront & Commercial Real Estate 5. RESOLUTION NO. - RESETTING COMPENSATION UNDER PERMIT NO. 384 WITH THE CITY OF LOS ANGELES, DEPARTMENT OF RECREATION AND PARKS, CABRILLO MARINE AQUARIUM Summary: Staff requests approval of the Order resetting compensation under Permit No. 384 (P384) with the City of Los Angeles Department of Recreation and Parks (Rec and Parks) for the Cabrillo Marine Aquarium (Aquarium) located in San Pedro. P384 has a 45-year term that commenced on February 2, 1979 and will expire on February 14, 2024. P384 requires the readjustment of compensation every five years. Compensation has not been reset since 1999. The proposed Order resets compensation for five five-year compensation periods starting from February 2, 1999, to February 14, 2024, as follows: February 2, 1999 to June 30, 2018: July 1, 2018 to February 14, 2024: Rent equivalent to credit previously charged and credited in the amount of $177,875 $310,393 per year Compensation amounts due (since 1999) are subtracted from the Harbor Department s quarterly Rec and Parks invoices through which the Harbor Department reimburses Rec and Parks for the provision of services within certain facilities (including the Aquarium), in and around the Tidelands. 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 Order resetting compensation for the five five-year compensation periods from February 2, 1999, to February 14, 2024 under P384; (3) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 384; and (4) adopt Resolution No. and Order No.. Page 8 of 10
Executive Office 6. RESOLUTION NO. - APPROVAL OF STREET NAME CHANGE ALONG THE PORTION OF MINER STREET SOUTH OF 22 ND STREET TO DAVE ARIAN WAY Summary: On January 2, 2019, while still serving as Vice President of the Board of Harbor Commissioners, Alan David Arian (Dave Arian) passed away after a short battle with cancer. In honor of his leadership and career in the port industry, staff recommends the approval of naming a portion of Miner Street, south of 22nd Street, Dave Arian Way. This roadway is within the jurisdiction of the Harbor Department and is defined as a private street within the City of Los Angeles. The cost to rename the street is $6,000, which includes a $4,326 application processing fee to the Bureau of Engineering, and is the financial responsibility of the Harbor Department. Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 11(1) of the Los Angeles City CEQA Guidelines; (2) declare, pursuant to the authority granted under City of Los Angeles Charter Section 651(a) wherein the Board of Harbor Commissioners has possession, management and control over all harbor and port improvements, including streets in the Harbor District, that the portion of Miner Street, south of 22nd Street, be renamed to Dave Arian Way in recognition of his leadership and career in the port industry; (3) direct the Engineering Division to transmit the application for Private Street Name Change to the Bureau of Engineering pursuant to the requirements of City of Los Angeles Municipal Code Section 18.09; and (4) adopt Resolution No.. Page 9 of 10
L. Closed Session Items 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9 Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Contra Costa Superior Court Case No. CIVMSN14-0300 consolidated with Case Nos. CIVMSN14-0308, CIVMSN14-0309, CIVMSN14-0310, CIVMSN14-0311, CIVMSN14-0312, and CIVMSN14-0313 2. 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: (two cases) 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: (two cases) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Provide instructions to its real estate negotiators with respect to Permit No. 905 with Fisherman s Pride Processors dba Neptune Foods: Property: City Negotiator: Tenant Negotiator: Negotiating Parties: Under Negotiation: 338 Cannery Street, Terminal Island, California Jack Hedge David Prince City and Fisherman s Pride Processors dba Neptune Foods Price and Terms M. Adjournment Page 10 of 10