Commissioner Robin M. Kramer, and Commissioner Douglas P. Krause. A. OPENING STATEMENT AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD

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1 BOARD OF HARBOR COMMISSIONERS President Cindy Miscikowski Vice President David Arian Commissioner Robin M. Kramer Commissioner Douglas P. Krause Commissioner Sung Won Sohn Meeting Start Time: 8:34 a.m. Present: Absent: Commissioner Robin M. Kramer, and Commissioner Douglas P. Krause. Commissioner Sung Won Sohn. PRESIDENT CINDY MISCIKOWSKI PRESIDED A. OPENING STATEMENT AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING. 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. Page 1 of 12

2 B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS President Miscikowski called on comments from the public. following persons commented: The Grant Ivey, Navy League of the United States Nancy Richardson, Tall Ships America Larry Milton, 21 Eagle-Global, LLC Lori Munick, Rick Whearty, America s Shipyard Group C. EXECUTIVE DIRECTOR REMARKS Executive Director Geraldine Knatz announced the following: The LA Waterfront Alliance held its first public meeting regarding Ports O Call development on Tuesday, April 2, 2013, at the Warner Grand Theater. The official grand opening of the Port of Los Angeles Historic Archives will be on April 11, She explained that this is an example of an adaptive reuse of a historical building. She provided a power point presentation on the overview of the Fiscal Year 2013/2014 Preliminary Proposed Budget. D. REPORTS OF THE COMMISSIONERS E. BOARD COMMITTEE REPORTS President Miscikowski reported on the Leasing Committee of April 4, 2013 at 7:00a.m. Page 2 of 12

3 F. PRESENTATION MINUTES OF THE REGULAR MEETING OF THE PCAC Update - Cynthia Ruiz, Deputy Executive Director External Relations provided a power point presentation. The following persons commented on the PCAC Update: Pat Nave, Northwest San Pedro Neighborhood Council Grant Reed, Harbor City Neighborhood Council Electrical Safety Audit - The following provided comment on the Electrical Safety Audit: Jim Schuster, Martin Technical Lori Chu, Martin Technical Tommy Faavae, IBEW Local Union 11 Joe Maldonado, POLA Construction & Maintenance Division G. SPECIAL ORDER OF THE DAY Public Hearing DRAFT PORT MASTER PLAN Public hearing to receive comments pursuant to California Coastal Act of 1976, for the Draft Port Master Plan Michael Cham, Planning & Economic Development Division, provided a power point presentation. The following persons commented on Section G: Adrian Fine, Los Angeles Conservancy Jeff Farano, SA Recycling Brian Turner, National Trust Larry Pearson, Teamster Local 399 Keith Nakata, Teamster Local 399 Page 3 of 12

4 H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR CONSENT ITEMS (1 5) Construction 1. Re: RESOLUTION NO AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: PIMA CORPORATION DBA ADVANCED CONSTRUCTION WILMINGTON MARINA PARKWAY SPECIFICATION NO SUMMARY: This contract is for the construction of landscape improvements along Anchorage Road and Shore Road as part of the China Shipping Aesthetic Mitigation Fund approved by the Board of Harbor Commissioners (Board) on July 16, The lowest responsive and responsible bidder is PIMA Corporation (PIMA), a Small Business Enterprise, located in Los Angeles, California. The contract amount of $1,164,678, plus an approximate 9% contingency is $1,265,563. The contract duration is 270 calendar days with 180 days for construction and 90 days for plant establishment. Recommendation: Board resolve to (1) find that, in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) award and approve Specification No for Item Nos. 1 through 13 of the proposal schedule to PIMA in the amount of $1,164,678; that a 9% contingency, not included in the original contract amount, be applied for a total authorization of $1,265,563; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 270 calendar days from the Notice to Proceed; (3) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; in accordance with City Charter Section 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Page 4 of 12

5 1. (Continued) Construction & Maintenance 2. Re: RESOLUTION NO AWARD OF CONTRACT NO TO ASCENT ELEVATOR SERVICES, INC. FOR MODERNIZING ELEVATOR NO. 1 AT WAREHOUSE 1 AND ELEVATOR NOS. 5 AND 7 AT BERTHS 93 SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No with Ascent Elevator Services, Inc. of Cerritos, CA for the modernization of Elevator No. 1 at Warehouse 1 and Elevator Nos. 5 and 7 at Berth 93 in the amount of $485,942, including sales tax. The existing Warehouse 1 elevator was last overhauled in the 1940s and the Berth 93 elevators have not been overhauled since they were installed in the early 1960s. This project is part of the approved deferred maintenance program planned and funded in the Fiscal Year capital budget. Recommendation: Board resolve to (1) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (2) approve Contract No with Ascent Elevator Services, Inc. in the amount of $485,942 and authorize said expenditures; (3) authorize the Executive Director to execute Contract No ; and adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Page 5 of 12

6 Engineering 3. Re: RESOLUTION NO APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MARK DION STUDIOS, INC. FOR PUBLIC ART WITHIN THE LA WATERFRONT DOWNTOWN HARBOR PROJECT SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) recommends the approval of the Agreement with Mark Dion Studios, Inc. (Artist), 601 West 17 th Street, No. 67, New York, New York, to fabricate and install public art for the Downtown Harbor Project site. The Agreement is for a term of one year from the effective date in the amount of $225,000 for an installation entitled The Ship s Chandler s Shack. Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject agreement can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (2) approve the personal services agreement with Mark Dion Studios, Inc. for a term of one year for $225,000; (3) authorize the Executive Director to execute and the Board Secretary to attest said Agreement for and on behalf of the Board; and adopt Resolution No RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Page 6 of 12

7 External Relations 4. Re: RESOLUTION NO FOR THE APPROVAL OF CHANGES TO THE MEMBERSHIP OF THE PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEE SUMMARY: As required by the Port of Los Angeles Community Advisory Committee (PCAC) By-laws, the Board of Harbor Commissioners (Board) is being asked to approve changes in the PCAC membership for the Wilmington Neighborhood Council. Recommendation: Board resolve to (1) approve Robert Jasso as the Wilmington Neighborhood Council Voting Member; (2) approve Dan Domonoske as the Wilmington Neighborhood Council Alternate Member; and (3) adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Page 7 of 12

8 Office of the City Attorney 5. Re: RESOLUTION NO FIRST AMENDMENT TO AGREEMENT NO WITH THE SOHAGI LAW GROUP SUMMARY: The Office of the City Attorney requests approval of a First Amendment (First Amendment) to Agreement for Professional Services No (Agreement No. 3043) between the City of Los Angeles (City) and The Sohagi Law Group, increasing the compensation by $247,398 to an amount not to exceed $577,398 for legal services for environmental matters. Recommendation: Board resolve to (1) approve the First Amendment to Agreement No with The Sohagi Law Group attached as Transmittal 1, increasing the compensation by $247,398 to an amount not to exceed $577,398; (2) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 3043; and (3) adopt Resolution No RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO A APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Page 8 of 12

9 REGULAR ITEMS (6 & 7) Planning & Economic Development 6. Re: RESOLUTION NO ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO ) TO VOPAK FOR THE INSTALLATION OF AN UNDERGROUND OIL PIPELINE ALONG AVALON BOULEVARD AND WATER STREET SUMMARY: Vopak Terminal Los Angeles (Vopak) is requesting to construct a 12- inch diameter underground oil pipeline, approximately 2,100 feet in length, along Avalon Boulevard and Water Street. The proposed project will be used to transfer crude oil from Vopak s inland tank storage facility to the ExxonMobil refinery in Torrance. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No , a Level I non-appealable permit. Recommendation: Board resolve to (1) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that this project will have no significant adverse environmental impacts as provided in the California Environmental Quality Act; (2) authorize the Executive Director to approve the issuance of a Level I non-appealable Coastal Development Permit No , consistent with the project description listed on Application for Discretionary Project No ; and (3) adopt Resolution No RECOMMENDATION APPROVED AND RESOLUTION NO ADOPTED Motion by Vice President David Arian, seconded by Commissioner Douglas P. Krause, and carried the following vote: Michael Galvin, Planning & Economic Development Division, provided a power point presentation on Item No. 6. Page 9 of 12

10 Real Estate 7. Re: RESOLUTION NO PROPOSED OPERATING AGREEMENT WITH PORTS AMERICA CRUISE, INC. SUMMARY: Staff recommends approval of an Operating Agreement (Agreement) with Ports America Cruise, Inc. (Ports America) for the operation, management, and maintenance of the Port of Los Angeles Cruise Terminal (Cruise Terminal) at Berths 90-93, San Pedro. The proposed term of the Agreement is for five years, with two five-year options for renewal. Proposed annual compensation for the first year is $1,830,000, which includes an annual flat management fee of $1,500,000, additional costs for outer harbor cruise expenses not to exceed $75,000 per ship call, and an additional one-time expense to upgrade the Harbor Department s audio visual system used by all the cruise lines. Ports America was selected through the City of Los Angeles Harbor Department s (Harbor Department) mandated Request for Proposal (RFP) process. Approval of this Agreement will provide for uninterrupted operations of the Cruise Terminal facility for the cruise lines and its passengers. Ports America is currently operating the facility under short-term Operating Agreement No. E6666, which expires on May 31, Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for an outside contractor to perform this work than City employees; (2) approve the Agreement with Ports America Cruise, Inc.; (3) direct the Board Secretary to transmit the Agreement to the City Council for approval pursuant to Charter Section 606 of the City Charter; authorize the Executive Director to execute and the Board Secretary to attest to the Agreement effective upon approval by City Council; and (5) adopt Resolution No RECOMMENDATION APPROVED; RESOLUTION NO ADOPTED; AND AGREEMENT NO APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Robin M. Kramer, seconded by Commissioner Douglas P. Krause, and carried the following vote: Carol Wianecki, Real Estate Division, provided a power point presentation on Item No. 7. Page 10 of 12

11 I. CLOSED SESSION: 11:30 A.M. 12:53 P.M. 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section American Trucking Associations, Inc. v. City of Los Angeles, et al., United States District Court Case No CAS, and United States Court of Appeals for the Ninth Circuit Case No CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Subdivision (d)(2) of Government Code Section ) Significant exposure to litigation pursuant to subdivision (d)(2) of Section (five cases). The following parties have filed five separate appeals to the Los Angeles City Council regarding the decision by the Board of Harbor Commissioners to certify the Southern California International Gateway Project (SCIG Project) Final Environmental Impact Report and approve the SCIG project, LAHD ADP No , SCH No Appellant: City of Long Beach Appellant: Coalition for a Safe Environment Appellant: Fast Lane Transportation, Inc. Appellant: Long Beach Unified School District Appellants: Natural Resources Defense Council, Coalition for Clean Air, East Yard Communities for Environmental Justice 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section ) Provide instructions to its real estate negotiators with respect to Port of Los Angeles City Dock No. 1 concerning a proposed permit: Property: Port of Los Angeles City Dock No. 1, Berths and Page 11 of 12

12 I. (Continued) City Negotiator: Geraldine Knatz, Ph.D. Tenant Negotiator: Martin Blank, Jr. for City Dock No. 1 Advisory Cabinet Negotiating Parties: Under Negotiation: City and Rockefeller Philanthropy Advisors as fiscal sponsor on behalf of the City Dock No. 1 Advisory Cabinet and pending Non- Profit Corporation Price and Terms REPORT OF THE GENERAL COUNSEL General Counsel Janna Sidley reported that during the Closed Session the Board discussed Items on the Closed Session agenda, but took no reportable action. THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 12:54 P.M., PRESIDENT CINDY MISCIKOWSKI ADJOURNED THE APRIL 4, 2013 REGULAR MEETING OF THE. President APPROVED BY THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD JUNE 20, Secretary Page 12 of 12