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Regular Agenda - February 15, 2018

 

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REVISED REGULAR MEETING AGENDA
THURSDAY, FEBRUARY 15, 2018 AT 8:30 A.M.

Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

__________________________________________________________________________________


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

E. Reports of the Commissioners

F. Board Committee Reports

1. Audit Committee Meeting of January 25, 2018

2. ACTA Committee Meeting of February 8, 2018

G. Approval of the Minutes

1. Regular Meeting of January 25, 2018

2. Regular Meeting of February 1, 2018

H. Presentation

1. Neighborhood Council Engagement

  1. Level I Coastal Development Permit Report

 

J. Board Reports of the Executive Director

Consent Item No. 1

Cargo Marketing

1. RESOLUTION NO.____________ - APPROVAL OF FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND FEDEX TRADE NETWORKS TRANSPORT AND BROKERAGE, INC. FTZ 202, SITE 52

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests the approval of a Foreign-Trade Zone (FTZ) Operating Agreement between the City of Los Angeles Harbor Department (Harbor Department) and FedEx Trade Networks Transport and Brokerage, Inc. (FedEx) to operate its warehouse within FTZ 202, Site 52, located at 17120 South Main Street, Gardena, California 90248. On September 12, 2017, the Foreign-Trade Zones Board approved a minor boundary modification of Foreign-Trade Zone 202 under the alternative framework to establish a usage-driven Site 52 for the sole use of FedEx. The Harbor Department, as the FTZ grantee, establishes a General Purpose Operating Agreement with FTZ site operators to oversee their FTZ operations. Site 52 consists of one warehouse totaling approximately 145,250 square feet and office space on 7.35 acres located approximately 10 miles from the Port of Los Angeles. FedEx will be operating its warehouse under FTZ procedures as a Multi-usage site. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options.

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 the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and FedEx Trade Networks Transport and Brokerage, Inc.; (3) direct the Board Secretary to transmit the proposed Foreign-Trade Zone Operating Agreement 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 Foreign-Trade Zone Operating Agreement; and (5) adopt Resolution No.____________.

 

Regular Items (2 - 5)

Port Pilots

2. RESOLUTION NO.____________ - FIRST AMENDMENT TO CONTRACT KNC NO. 80300038 BETWEEN AND AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, KONGSBERG NORCONTROL IT AS, MARINE EXCHANGE OF SOUTHERN CALIFORNIA AND JACOBSEN PILOT SERVICE, INC. FOR MAINTENANCE AND SUPPORT SERVICES FOR THE VESSEL TRACKING SYSTEM

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners (Board) to ratify and approve a First Amendment (First Amendment) to Contract KNC No. 80300038 between and among the City of Los Angeles Harbor Department (Harbor Department), Kongsberg Norcontrol IT AS (Kongsberg), Marine Exchange of Southern California (Marine Exchange) and Jacobsen Pilot Service, Inc. (JPS) for maintenance and support services of the Kongsberg Vessel Tracking System (VTS). The VTS is a single system from Kongsberg that is used by the Harbor Department, Marine Exchange and JPS to help improve safety and efficiency of port operations by providing situational awareness of vessel movements in the San Pedro Bay port complex. The VTS is a proprietary system that only Kongsberg can maintain and support. Contract KNC No. 80300038 is a five-year contract for VTS maintenance and support that has existed since June 1, 2015, however, the contract was only between Kongsberg as VTS supplier and the Marine Exchange as Customer. The proposed First Amendment will amend Contract KNC No. 80300038 to add the Harbor Department and JPS, thereby including all parties that use and maintain the VTS. The proposed First Amendment also clarifies existing terms and conditions of Contract KNC No. 80300038 to comply with City of Los Angeles requirements. Contract KNC No. 80300038 includes a one-year option to extend, followed by continuing one-year options on every anniversary of the commencement date. However, staff requests in this Resolution, the Board approve the five-year term plus up to five one-year options for a total term of up to ten years. The Harbor Department would not exercise further options beyond the ten-year term without further Board and City Council approvals. Board ratification is necessary because the Harbor Department has received and paid for VTS services in the amount of $342,356 since June 1, 2015. City Council approval and ratification is also required for the ten-year term, inclusive of options, under Charter Section 373 and Administrative Code Section 10.5. The total not-to-exceed amount of the proposed Agreement is $1,184,856. This total includes the Harbor Department’s payments already made in the amount of $342,356, estimated future payments of $692,500, and a contingency amount of up to an additional $150,000 in the aggregate for unanticipated changes over the entire ten-year term. Kongsberg is headquartered in Horten, Norway. Payment of the Harbor Department’s share of VTS expenditures under the proposed Agreement 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) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (3) 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); (4) ratify and approve the First Amendment between and among the Harbor Department, Kongsberg, Marine Exchange and JPS for a five-year term, from June 1, 2015 to May 31, 2020, with five one-year options to extend the term to an aggregate of ten years and an amount not-to-exceed $1,184,856; (5) direct the Board Secretary to transmit the Agreement to the Los Angeles City Council for approval and ratification pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5 of the Los Angeles Administrative Code; (6) authorize the Executive Director to execute and the Board Secretary to attest said First Amendment, upon approval by the City Council; and (7) adopt Resolution No.__

Cargo & Industrial Real Estate

3. RESOLUTION NO.____________ - APPROVE ORDER RESETTING COMPENSATION UNDER PERMIT NO. 827 WITH APM TERMINALS PACIFIC, LLC

Transmittal 1

Summary: Staff requests approval of the Order resetting compensation under Permit No. 827 (Permit) with APM Terminals Pacific, LLC (APMT) at the 512.36-acre Pier 400 facility. The Order will reset compensation to fair market rent for the five-year period of August 1, 2017 through July 31, 2022 by (a) increasing the Minimum Annual Guarantee (MAG) per acre, (b) increasing the Twenty-foot Equivalent Unit Rates (TEU), (c) keeping Intermodal Rail Facility (IRF) rates the same, and (d) incorporating a Consumer Price Index (CPI) Adjustment capped of six percent. The Eighth Amendment to the Permit presented under a separate Board action will amend the compensation provision of the Permit as necessary to effectuate the negotiated agreement, and delete the permit provision related to tenant bringing cargo through San Pedro Bay. APMT is financially responsible for rental payments due under the Permit.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (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) approve the Order resetting compensation under Permit No. 827 with APM Terminals Pacific, LLC for the period of August 1, 2017 through July 31, 2022; (4) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 827; and (5) adopt Resolution No.____________ and Order No.____________.

 

Cargo & Industrial Real Estate

4. RESOLUTION NO.____________ - APPROVE EIGHTH AMENDMENT TO PERMIT NO. 827 WITH APM TERMINALS PACIFIC, LLC

Transmittal 1
Transmittal 2

Summary: Staff requests approval of the Eighth Amendment to Permit No. 827 (Permit) with APM Terminals Pacific, LLC (APMT). The Eighth Amendment to the Permit will amend the compensation provision of the Permit as necessary to effectuate the negotiated compensation reset for the period from August 1, 2017, through July 31, 2022, by (a) exempting the applicability of any Tariff No. 4 increase until after August 1, 2019, and (b) deleting permit provisions related to tenant controlled cargo movement through San Pedro Bay.  APMT is financially responsible for all rental payments under the Permit. An Order resetting compensation for the five-year period will be acted on separately.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (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) approve the Eighth Amendment to Permit No. 827 with APM Terminals Pacific, LLC; (4) direct the Board Secretary to transmit the Eighth Amendment to Permit No. 827 to City Council for approval pursuant to Charter Section 606; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Eighth Amendment upon approval by City Council; and (6) adopt Resolution No.____________.

Planning & Strategy

5. RESOLUTION NO.____________ - APPROVAL OF THE PORT OF LOS ANGELES 2018 - 2022 STRATEGIC PLAN

Transmittal 1

Summary: Staff requests approval of the Port of Los Angeles (Port) 2018-2022 Strategic Plan (2018 Plan). The 2018 Plan is an update to the 2012-2017 Strategic Plan (2012 Plan) and builds upon the progress made in meeting the Port’s strategic objectives. Approval of the 2018 Plan does not obligate the Harbor Department to any specific development project or financial expenditure. The 2018 Plan would be used as a policy document to align the allocation of resources with strategic priorities in the budget process and operationally.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Port of Los Angeles 2018-2022 Strategic Plan to replace the previous 2012 Plan; and (3) adopt Resolution No.____________.

CLOSED SESSION

K. Closed Session Items

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

Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant:  California United Terminal Inc.
Agency claimed against:  City of Los Angeles

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

Robert Childress v. City of Los Angeles, et al., Los Angeles Superior Court
Case No. BC631268

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

Anthony Espinoza v. City of Los Angeles, et al., Los Angeles Superior
Court Case No. BC631685

4. 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:
(ten cases).

5.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).

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

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. 17LBUD01083

21. 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

22. 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

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 Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102

24. 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

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. 17LBUD01104

L. 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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