Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, JANUARY 10, 2019 AT 9:00 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Vice President David Arian (in Memoriam)
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Vice President David Arian (in Memoriam)
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
Convene in Memory of Board of Harbor Commissioner Vice President Dave Arian
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
I. Presentation
J. Level I Coastal Development Permit
The Executive Director has approved three Level I CDPs:
CDP No. 18-21 Port of Los Angeles – Engineering to Demolish Construction and Maintenance Buildings 2 and 3 and Perform Related Work
CDP No. 18-22 Port of Los Angeles – Engineering to Demolish the former Matson Building and Perform Related Work
CDP No. 18-23 Port of Los Angeles – Remove Portions of Idle Pipeline at Berth 81 and along Sampson Way
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
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
Transmittal 1
Transmittal 2
Transmittal 3
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 five-years 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).
Recommendation: Board resolve to (1) find that the Director of Environmental 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.__________.
Waterfront & Commercial Real Estate
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
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.
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 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.____________.
Regular Items (3 – 6)
Construction
Transmittal 1
Transmittal 2
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.
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; (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.___________.
Port Police
Transmittal 1
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.
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(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.__________.
Waterfront & Commercial Real Estate
Transmittal 1
Transmittal 2
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: Rent equivalent to credit previously charged
and credited in the amount of $177,875
July 1, 2018 to February 14, 2024: $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.
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 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.___________.
Executive Office
Transmittal 1
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.
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 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.___________.
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)
(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)
(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: 338 Cannery Street, Terminal Island, California
City Negotiator: Jack Hedge
Tenant Negotiator: David Prince
Negotiating Parties: City and Fisherman’s Pride Processors dba Neptune Foods
Under Negotiation: Price and Terms
M. Adjournment