Special Meeting Notice and Agenda April 9, 2015
April 3, 2015
NOTICE OF SPECIAL MEETING -APRIL 9, 2015
SUBJECT: SPECIAL MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS- THURSDAY, APRIL 9, 2015 AT 4:30 P.M.
The Los Angeles Board of Harbor Commission has called for a Special Meeting on Thursday, April 9, 2015 at 4:30pm:
Banning's Landing Community Center
100 E.Water St.
Wilmington, California
90744
The attached agenda specifies the business to be conducted at the special meeting.
NO OTHER BUSINESS WILL BE CONSIDERED.
AMBER M. KLESGES
Commission Secretary
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, APRIL 9, 2015 AT 4:30 P.M.
 THE OPEN SESSION ITEMS WILL BEGIN NO SOONER THAN 6:00 P.M.
BANNING’S LANDING COMMUNITY CENTER
100 E. WATER STREET
WILMINGTON, CA 90744
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
B. CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O' Call site:
Property: Berths 74-83, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiators: Eric Johnson, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to an amendment to the agreement with Crafted at the Port of Los Angeles:
Property: 112 E. 22nd Street, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiators: Wayne Blank, Howard Robinson
Negotiating Parties: City and Crafted at the Port of Los Angeles
Under Negotiation: Price and Terms
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a successor permit for Praxair Inc.:
Property: Classification Yard, Wilmington, California
City Negotiator: Jack Hedge
Tenant Negotiator: Richard Frazier
Negotiating Parties: City and Praxair Inc.
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 560 granted to Vopak Terminals North America, Inc.:
Property: Berths 191-194
City Negotiator: Michael Galvin
Tenant Negotiator: Mike LaCavera
Negotiating Parties: City and Vopak Terminals North America, Inc.
Under Negotiation: Price and Terms
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: two cases.
C. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
D. EXECUTIVE DIRECTOR REMARKS
E. REPORTS OF THE COMMISSIONERS
F. BOARD COMMITTEE REPORTS
Audit Committee Meeting of March 19, 2015
G. APPROVAL OF THE MINUTES
Regular Meeting of March 19, 2015
H. PRESENTATION
I. LEVEL I COASTAL DEVELOPMENT PERMIT REPORT
1. CDP NO. 15-04 CRAFTED - INSTALLATION OF BREWERY AND RESTAURANT AT WAREHOUSE 9, AND SITE IMPROVEMENTS AT WAREHOUSES 9 AND 10
2. CDP NO. 15-06 LOS ANGELES FIRE DEPARTMENT - INSTALLATION OF MODULAR TRAILERS
J. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1-4)
Construction and Maintenance
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39737 with Quinn Company of City of Industry, CA for the purchase of one hydraulic excavator with attachments in the amount of $525,707, including sales tax and delivery charges. This equipment will replace an 18-year old truck-mounted crane. The replacement of the City of Los Angeles Harbor Department's (Harbor Department) current equipment was planned and funded in the Fiscal Year 2014-15 capital equipment budget. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) approve Contract No. 39737 with Quinn Company of City of Industry, CA in the amount of $525,707 and authorize said expenditures; (2) authorize the Executive Director to execute Contract No. 39737; and (3) adopt Resolution No.____________.
Office of the City Attorney
2. Re: RESOLUTION NO. ____________ - SECOND AMENDMENT TO AGREEMENT NO. 3132 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND DOCUMENT TECHNOLOGIES LLC
Transmittal 1
SUMMARY: The Office of the City Attorney requests approval of a Second Amendment (Second Amendment) to Agreement for Professional Services No. 3132 (Agreement No. 3132) between the City of Los Angeles Harbor Department (Harbor Department) and Document Technologies LLC dba DTI, increasing the agreement authority by $58,500 to an amount not to exceed $265,780 for electronic discovery and document services. Funding for the Second Amendment is proposed to be allocated in Fiscal Year 2014-15 and in Fiscal Year 2015-16 upon Board approval of the budget in June 2015. The Harbor Department will continue to be financially responsible for payment for services under Agreement No. 3132.
Recommendation: Board resolve to (1) approve the Second Amendment to Agreement No. 3132 between the City of Los Angeles Harbor Department and Document Technologies LLC dba DTI, increasing the agreement authority by $58,500 to an amount not to exceed $265,780; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No. 3132; (3) adopt Resolution No.____________.
Information Technology
3. Re: RESOLUTION NO. ____________ - AGREEMENT WITH TRINUS CORPORATION FOR SPECIALIZED ENGINEERING AND CONSTRUCTION APPLICATIONS MAINTENANCE AND SUPPORT SERVICES
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to enter into an agreement with Trinus Corporation (Trinus) to provide specialized information technology (IT) services for construction and engineering-specific computer-based applications. These specialized services will augment Harbor Department staff on an as-needed/on-call basis. The recommendation of Trinus Corporation is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. The term of the proposed agreement is two years, with an option to extend the agreement by one additional year. The amount of the proposed agreement is not-to-exceed $645,000. Trinus is a certified Small Business Enterprise (SBE), therefore one hundred percent of this agreement will apply towards the Harbor Department's SBE objective. Trinus is based in Glendale, California. Specialized engineering and construction applications maintenance and support under the proposed agreement with Trinus will be the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) approve the agreement with Trinus Corporation for a term of two years, with an option to extend the agreement by one additional year, at an amount not-to-exceed $645,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreement; and (4) adopt Resolution No.____________.
Risk Management
4. Re: RESOLUTION NO. ____________ - ON-SITE SUPPLEMENTARY HEALTH & SAFETY TRAINING AND SERVICES AGREEMENTS WITH AECOM, NATEC, AND SAFETY DYNAMICS GROUP
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into Agreements with AECOM Technical Services, Inc. (AECOM), located in Long Beach, California, NATEC International, Inc. (NATEC), located in Anaheim, California and Safety Dynamics Group (SDG), located in Long Beach, California, to provide on-site supplementary health and safety services and training to Harbor Department employees as part of the adherence to the policy of the City of Los Angeles (City) to maintain a safe and healthy work environment. Staff is recommending the Board of Harbor Commissioners (Board) approve the Agreements. The recommendation is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. The term of each proposed Agreement is three years at an amount not-to-exceed $100,000 per Agreement. The Harbor Department is financially responsible for payment under the proposed Agreements.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services under the proposed Agreements can be performed more feasibly by independent consultants than by City employees; (2) approve the proposed Agreements with AECOM, NATEC and SDG for a term of three years at an amount not-to-exceed $100,000 per Agreement; (3) authorize the Executive Director to execute and the Board Secretary to attest each Agreement; and (4) adopt Resolution No.____________.
REGULAR ITEMS (5- 8)
Finance
5. Re: RESOLUTION NO. ____________ - REQUEST FOR BUDGETARY TRANSFER
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes the following budgetary transfers:
1. Transfer $6,971,457 from the Fiscal Year (FY) 2014/15 Adopted Capital Improvement Program Budget (Adopted Capital Budget) to meet a shortfall in the FY 2014/15 Adopted Operating Expense Budget's (Adopted Operating Expense Budget) "Other Operating Expenses" category; and
2. Transfer $325,000 from the Adopted Capital Budget to the Adopted Operating Expense Budget's "Materials & Supplies" category.
The anticipated shortfall within the Other Operating Expenses category is a result of higher payouts than budgeted for the Ocean Common Carrier Incentive Program (Carrier Incentive Program). The anticipated shortfall within the Materials & Supplies category is a result of the greater amounts of materials required for the Construction & Maintenance (C&M) Division to perform its growing level of maintenance responsibilities. Sufficient funds are available within the Adopted Capital Budget for this budgetary transfer. As of February 28, 2015, we anticipate a surplus of approximately $36 million will exist by fiscal year-end. Payment for the expected Carrier Incentive Program and Materials & Supplies expenses is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) approve the following budgetary transfers:
a. Transfer $6,971,457 from the Adopted Capital Budget, Account 13807, Center 1000, Program 000 to Other Operating Expenses (Program 000), Center 0422, Account 59964 to resolve a projected shortfall in the respective operating expense account; and
b. Transfer $325,000 from the Adopted Capital Budget, Account 13807, Center 1000, Program 000 to Materials & Supplies (Program 000) as follows:
a. $300,000 to Center 0510, Account 55010; and
b. $25,000 to Center 0510, Account 55030.
(2) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (3) 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 (4) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: On September 18, 2008, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 08-2702, with Tetra Tech, Inc. (Tetra Tech), to provide concession, grant administration, and support services for the Clean Truck Program (CTP) at the Port of Los Angeles (POLA). At approximately the same time, the Port of Long Beach (POLB) similarly engaged Tetra Tech to administer its version of the CTP. On June 30, 2015 Agreement No. 08-2702 with the Harbor Department is scheduled to expire. The POLB agreement, however, continues for an additional 18 months until December 31, 2016. While POLA/POLB (Ports) intend to eventually discontinue outsourcing some of this work, in the near term, staff recommends that the term of the Harbor Department Tetra Tech contract be extended to end at the same time as the POLB Tetra Tech contract (December 2016) in order to preserve synergies and significant cost savings that occur from having this single contractor service both Ports. During this requested extension, in 2016, the Harbor Department plans to participate in a joint Request for Proposal (RFP) process with the POLB in order to choose one contractor for services to begin on January 1, 2017. CTP expenditures are fully reimbursed each year by $1.3 million in annual CTP fees. The additional budget authority requested for this proposed Amendment would be reimbursed through these fees. For these reasons, staff recommends amending Agreement No. 08-2702 with Tetra Tech for 18 months and for an additional cost of $990,000.
Recommendation: Board resolve to (1) approve the proposed Amendment to Agreement No. 08-2702 with Tetra Tech, Inc. to extend the agreement for 18 months and for an additional cost of $990,000; (2) authorize the Board Secretary to transmit the proposed Amendment to Agreement No. 08-2702 to the Los Angeles City Council for approval in accordance with Charter Section 373 and Los Angeles Administrative Code Section 10.5(a); (3) authorize the Executive Director to execute and Board Secretary to attest to the proposed Amendment to Agreement No. 08-2702 for and on behalf of the Board of Harbor Commissioners upon approval by the City Council; and (4) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: In order to assist with management and enforcement of its Clean Truck Program (CTP), the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. E6646 with PierPass, LLC (PierPass), located in Long Beach, California. This agreement allows the Harbor Department to receive trucking gate move data collected from electronic gate management equipment at the seven major container terminals in order to support the CTP. Both the Harbor Department and the Port of Long Beach (POLB) independently contract with PierPass to receive this data. This data is especially important for the Harbor Department to confirm compliance with the CTP's terminal access restrictions under the Port of Los Angeles (POLA) Tariff and concessionaire requirements. Additionally, this data assists the Harbor Department in generating its Annual Emissions Inventories, contributes to the preparation of the City of Los Angeles Mayor's metrics, provides information for concession administration and enforcement, and supports CTP policy decision-making. CTP expenditures are fully reimbursed each year with $1.3 million in annual CTP fees. The additional funding authority requested for this proposed Amendment would be reimbursed through these fees. For these reasons, staff recommends extending the term of Agreement No. E6646 for three years for an additional cost of $144,000.
Recommendation: Board resolve to (1) find that the proposed 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); (2) find in accordance with the Los Angeles City Charter Section 1022 that the scope of work of the proposed Amendment can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the proposed Second Amendment to Agreement No. E6646 with PierPass, LLC to extend Agreement No. E6646 for three years and for an additional cost of $144,000; (4) authorize the Board Secretary to transmit said amendment to the Los Angeles City Council for approval in accordance with Charter Section 373 and Los Angeles Administrative Code Section 10.5(a); (5) upon the approval of City Council in accordance with Los Angeles Administrative Code Section 10.5 (a), authorize the Executive Director to execute and Board Secretary to attest to said amendment for and behalf of the Board of Harbor Commissioners; and (6) adopt Resolution No.____________.
Real Estate
Transmittal 1
Transmittal 2
SUMMARY: This proposed Second Amendment to Permit No. 897 adds premises in order for Catalina Channel Express, Inc. (Catalina) to construct, at their own cost, an administrative office and freight facility for the processing and transport of freight to and from Catalina Island. The office space will allow for the relocation of their reservations center, and approximately 35 jobs from Long Beach to San Pedro.
Recommendation: Board resolve to (1) approve the proposed Second Amendment to Permit No. 897 with Catalina Channel Express, Inc.; (2) direct the Board Secretary to transmit the Second Amendment to Permit No. 897 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Permit No. 897 upon approval by City Council; and (4) adopt Resolution No.____________.
K. LEVEL II COASTAL DEVELOPMENT PERMIT REPORT
1(a) PUBLIC HEARING FOR THE ISSUANCE OF A LEVEL II NON-APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 15-02) TO CATALINA CHANNEL EXPRESS, INC. TO CONSTRUCT A TWO STORY OFFICE AND WAREHOUSE FACILITY AND INSTALL WATERSIDE IMPROVEMENTS AT BERTH 95
Pursuant to the California Coastal Act of 1976, as amended, and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Strategy
Transmittal 1
Tranmsittal 2
Transmittal 3
SUMMARY: Catalina Channel Express, Inc. (Catalina Express) is proposing to construct an approximately 20,000 square-foot two-story office and warehouse facility and install waterside improvements at Berth 95. The proposed project would allow Catalina Express to include a freight shipping operation with the Santa Catalina Island Company as an ancillary use to their passenger transport services at Berth 95. City of Los Angeles Harbor Department (Harbor Department) staff is recommending that the Board of Harbor Commissioners (Board) approve a Level II non-appealable Coastal Development Permit (CDP) No. 15-02 for the proposed project. Catalina Express is financially responsible for the $3.6 million for the office and warehouse facility and ground improvements. The Harbor Department is financially responsible for installation of the waterside improvements, estimated to be $280,000 for the purchase and installation of pilings by the Harbor Department’s Construction and Maintenance (C&M) Division.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development Permit No. 15-02, a Level II non-appealable permit; (2) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan (PMP) and find that this project will have no significant adverse environmental impacts as provided in the final Initial Study/Negative Declaration (IS/ND) prepared pursuant to the California Environmental Quality Act; (3) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 15-02, consistent with the project description listed on Application for Port Permit No. 140307-025, and direct the Director of Planning and Strategy to issue said permit upon the approval of the Second Amendment to Permit No. 897 by the Los Angeles City Council and execution by the Executive Director; and (4) adopt Resolution No.____________.