Harbor Commission

B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS

C. EXECUTIVE DIRECTOR REMARKS
 

D. REPORTS OF THE COMMISSIONERS

E. BOARD COMMITTEE REPORTS

Alameda Corridor Transportation Authority Meeting of October 8, 2015

F. APPROVAL OF THE MINUTES

Special Meeting of September 17, 2015

G. PRESENTATION

South Coast Air Quality Management District, Executive Director Dr. Barry Wallerstein
- Zero Emissions Proposed Projects

2014 Inventory of Air Emissions

H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

Consent Items (1-6)

Waterfront and Commercial Real Estate

1. Re: RESOLUTION NO. ____________ - APPROVAL OF THE FOURTH AMENDMENT TO AGREEMENT NO. E6530 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE MAXIMA GROUP, LLC

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5


SUMMARY: Approval is requested of the Fourth Amendment to the Professional Services Agreement between the City of Los Angeles Harbor Department (Harbor Department) and The Maxima Group, LLC (Maxima), a Los Angeles based firm that provides the Harbor Department with financial, real estate, and economic consulting services relating to commercial development sites at the Port of Los Angeles (Port). Staff requests an increase in funding in the amount of $20,000 for this agreement in order for Maxima to continue providing support to the Harbor Department's Lease Negotiating Team through the conclusion of the Ports O' Call Village (Ports O' Call) development project ground lease. Agreement No. E6530 (Agreement) was originally approved on October 29, 2009 as a one-year Executive Director Agreement in the amount of $150,000. The First Amendment extended the Agreement through April 27, 2012, and increased the contract amount by $243,450 to $393,450; the Second Amendment extended the Agreement for an additional 18 months, and increased the funding amount by $95,000 to $488,450; the Third Amendment extended the Agreement for 24 months, and increased the funding by $100,000 for a current contract total of $588,450. All amendments were approved by the Board of Harbor Commissioners (Board), and the expiration date of the Agreement is October 27, 2015. The Fourth Amendment will extend the Agreement for an additional six months through April 27, 2016 for a total contract term of six and a half years, and the $20,000 increase will bring the total contract amount to $608,450. Los Angeles City Council (City Council) approval is required to ratify and approve the Second, Third, and Fourth Amendments for a contract term in excess of three years. The harbor Department is financially responsible for payments under the Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 Fourth Amendment to Agreement No. E6530 with The Maxima Group, LLC to extend the term, increase the Agreement authority by an additional $20,000 from $588,450 to $608,450, and extend the Agreement for an additional six months through April 27, 2016; (3) direct the Board Secretary to transmit the Second, Third and Fourth Amendments to City Council for the ratification and approval pursuant to Charter Section 373 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 Fourth Amendment to Agreement No. E6530 upon approval by City Council; and (5) adopt Resolution No. ___________.

Cargo Marketing

2. Re: RESOLUTION NO. ____________ -APPROVAL OF FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PROSPECT ENTERPRISE DBA KANSAS MARINE CO. FTZ 202, SITE 45

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from Prospect Enterprise dba Kansas Marine Co. (Kansas) to activate its warehouse within FTZ 202, Site 45, located at 625 Kohler Street, Los Angeles, California 90021. Site 45 is a three-acre property including a warehouse located approximately 20 miles from the Port of Los Angeles. Kansas 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 exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III, Section 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 Prospect Enterprise dba Kansas Marine Co.; (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, upon approval by the City Council; and (5) adopt Resolution No.___________.

Environmental Management

3. Re: RESOLUTION NO. ____________ - APPROVAL OF THE FIRST AMENDMENT TO AGREEMENT NO. 10-2933 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY FOR THE TEMPORARY RELOCATION OF THE PEREGRINE FALCON NESTING HABITAT

Transmittal 1


SUMMARY: Staff requests approval to extend the current Memorandum of Understanding (MOU) Agreement No. 10-2933, between the City of Los Angeles Harbor Department (Harbor Department) and the Alameda Corridor Transportation Authority (ACTA) on the temporary relocation of peregrine falcon (peregrine) nesting habitat. Agreement No. 10-2933 allows ACTA to relocate a peregrine nesting habitat that was located on the Schuyler Heim Bridge during construction of the new bridge to the Badger Avenue Bridge. The termination date of Agreement No. 10-2933 needs to be extended through August 31, 2018, as construction will continue beyond the previously anticipated July 31, 2016, termination date. The nesting habitat will be relocated back to the new Schuyler Heim Bridge once its construction is complete.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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) approve the First Amendment to Agreement No. 10-2933 between the City of Los Angeles Harbor Department and the Alameda Corridor Transportation Authority extending the termination date through August 31, 2018; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Memorandum of Understanding; and (4) adopt Resolution No.___________.

Office of the City Attorney

4. Re: RESOLUTION NO. ____________ - AGREEMENT FOR ELECTRONIC ON-LINE LEGAL RESEARCH SERVICES WITH LEXISNEXIS, INC

SUMMARY: As part of its legal representation of the City of Los Angeles Harbor Department (Harbor Department), the Office of the City Attorney provides legal advice, handles transactions, and represents the Harbor Department in litigation, administrative proceedings, and other legal proceedings that from time-to-time require electronic computer assisted on-line legal research services, including electronic legal research of statutes, regulations, court cases, legislation, and other legal authority and public records. The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve and award a three-year agreement (Agreement) to LexisNexis, Inc. (LexisNexis) to provide such on-line legal research services in an anticipated amount of $106,920. The Harbor Department is financially responsible for payment of expenses under the proposed Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 this Agreement 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) find in accordance to Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (4) approve the Agreement in substantial form as attached with LexisNexis, Inc. for electronic computer assisted on-line legal research services for a period of three years from November 1, 2015 through October 31, 2018, in an amount not-to-exceed $106,920; (5) authorize the Executive Director and Board Secretary to execute and attest to the Agreement in substantially the form attached hereto; and (6) adopt Resolution No.___________.

Contracts and Purchasing

5. Re: RESOLUTION NO. ____________ - INCREASE EXPENDITURE AUTHORITY FOR THREE ANNUAL PROCUREMENT CONTRACTS

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) Contracts & Purchasing Division (CPD) is requesting approval to increase the expenditure authority for three annual procurement contracts for a total aggregate contract not-to-exceed amount of $431,000 per year. These annual procurement contracts are used to purchase electrical parts, roofing materials, tools, and accessories. The requested increases are necessary in order for the Construction and Maintenance Division (C&M) to complete current and planned capital projects throughout the Port of Los Angeles (Port). Although contract authority levels would increase to $870,000, actual contract expenditures will not exceed the budget levels authorized in the C&M operating, the Capital Improvement Program (CIP), and Maintenance Improvement Program (MIP) budgets. The Harbor Department is financially responsible for the payment of expenses under the proposed contracts.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 Purchase Order Changes increasing the annual expenditure authority, including any renewal options for each contract, as follows:
a. Increase Contract No. 39697 with Associated of Los Angeles for electrical parts and supplies from $150,000 annually to $350,000 annually;
b. Increase Contract No. 39731 with L.A. Roofing Materials, Inc. for roofing material and supplies from $140,000 annually to $320,000 annually; and
c. Increase Purchase Order No. 31617 with Grainger for hand tools, power tools, and accessories from $149,000 annually to $200,000;
(3) authorize the Executive Director or his designee to execute the Purchase Order Changes for each annual procurement contract; and (4) adopt Resolution No.____________.

Community Relations

6. Re: RESOLUTION NO. ____________ - COMMUNITY INVESTMENT GRANTS FOR INTERNATIONAL TRADE EDUCATION PROGRAMS, INC. AND LOS ANGELES MARITIME INSTITUTE

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into agreements with International Trade Education Programs, Inc. (ITEP), Carson, CA, and Los Angeles Maritime Institute (LAMI), San Pedro, CA, to fund Community Investment Grants supporting their educational programs (Agreements). ITEP and LAMI were selected through the Community Investment Grant Program process, and the selection committee is recommending the Board of Harbor Commissioners (Board) approve sponsorships for two years in the yearly amount of $340,000 for ITEP and $255,000 for LAMI. The total proposed grant amounts over two years is $1,190,000. The Harbor Department is financially responsible for funding the grants.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 City Charter Section 1022, the scope of work of the proposed Agreements are temporary and occasional in nature and is best completed by a contractor on an interim basis; (3) find that the proposed Community Investment Grants are consistent with the criteria of the Board-approved Sponsorship/Hosting Policy (March 2010) and the Fiscal Year 2015/16 Community Investment Program (June 2015); (4) approve the Agreement with ITEP for a term of two years and a total not-to-exceed amount of $680,000; (5) approve the Agreement with LAMI for a term of two years and a total not-to-exceed amount of $510,000; and (6) adopt Resolution No.____________.

Regular Items (7 & 8)
Cargo & Industrial Real Estate

7. Re: RESOLUTION NO. ____________ - OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HECATE ENERGY HARBORSIDE LLC TO INSTALL, MAINTAIN, AND OPERATE UP TO TWELVE PHOTOVOLTAIC SOLAR POWER SYSTEMS AT THE PORT OF LOS ANGELES

Transmittal 1

SUMMARY: This City of Los Angeles Harbor Department (Harbor Department) is requesting approval of the Board of Harbor Commissioners (Board) to enter into a 20-year Operating Agreement with Hecate Energy Harborside LLC (Hecate). Under the proposed 20-year Operating Agreement, Hecate will procure, install, maintain, and operate photovoltaic (PV) solar power systems (PV Systems) at up to 12 site locations within the Port of Los Angeles (Port) to generate approximately ten megawatts (MW) of electricity for sale to the City of Los Angeles Department of Water & Power (LADWP). The installation of these PV Systems is in alignment with the Port's Clean Air Action Plan, instituted in 2006, and contributes to the ten MW of PV solar power wattage goal established in the agreement between the City of Los Angeles Harbor Department (Harbor Department) and the State of California Department of Justice, Office of the Attorney General. Hecate will pay the Harbor Department approximately 7 percent (7.02238 percent) of their annual revenue from electricity sales to LADWP. The expected annual revenue to the Harbor Department, based on Hecate’s proposal, is $141,090.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 proposed Operating Agreement with Hecate Energy Harborside LLC; (3) direct the Board Secretary to transmit the Operating Agreement to the City Council for approval pursuant to Charter Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Operating Agreement upon approval by City Council; and (5) adopt Resolution No.___________.

Construction

8. Re: RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: MANSON CONSTRUCTION COMPANY MARINE IMPROVEMENTS 2016-2018 SPECIFICATION NO. 2771

Transmittal 1
Transmittal 2

SUMMARY: This contract consists of marine work and improvements to be performed on an on-call basis, including demolition and removal work, furnishing and driving concrete and timber piles, concrete wharf repair, dredging, asphalt concrete paving, shotcrete application, epoxy injection, spall repair, driving sheet piles, timber pile driving, timber wharf repair, soil removal, and other marine improvements. The lowest responsive and responsible bidder is Manson Construction Company, located in Long Beach, California. The contract amount, plus a 10% contingency, is $32,140,823. The contract duration is 730 calendar days.

Recommendation: Board resolve to (1) find that as an administrative activity, the Director of Environmental Management has determined that the proposed action is 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 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. 2771 for Item Nos. 1 through 116 of the proposal schedule to Manson Construction Company, in the amount of $29,218,930; that a 10% contingency not included in the original contract amount be applied for a total authorization of $32,140,823; and authorize payment from the City of Los Angeles Harbor Department (Harbor Department) Construction Account. The contract time for performance of the work will be 730 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 final bid quantities and accept the construction contract upon its completion; and (6) adopt Resolution No.___________.

*I. CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Revocable Permit 92-24 granted to Phillips 66 Company:

Property: Berths 148-151

City Negotiator: Michael Galvin

Tenant Negotiator: David Ching

Negotiating Parties: City and Phillips 66 Company

Under Negotiation: Price and Terms

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: one case.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Permit 704 with ExxonMobil Oil Corporation:

Property: Berths 237-240, Terminal Island, California

City Negotiator: Michael Galvin

Tenant Negotiator: Christi Vogl

Negotiating Parties: City and ExxonMobil Oil Corporation

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 the Seventh and Eighth Amendments to Permit 733 with Eagle Marine Services:

Property: Pier 300, Terminal Island, California

City Negotiators: Eugene Seroka; Jack Hedge; Sumita Thappa; Eric Caris

Tenant Negotiator: Than Seeds

Negotiating Parties: City and Eagle Marine Services

Under Negotiation: Price and Terms

5. 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:  Eagle Marine Services, Ltd.
Agency claimed against:  City of Los Angeles

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

City of Los Angeles v. California Regional Water Quality Control Board, Los Angeles Superior Court Case No. BS154971