Agenda - December 1, 2011
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, DECEMBER 1, 2011 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Sung Won Sohn
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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. PRESENTATION
Preserving Port Records: The Los Angeles Harbor Department Effort - Tara Fansler, Director of Achieves & Collections
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
REGULAR ITEMS (1 - 4)
Construction
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: Staff recommends that construction of the City of Los Angeles Harbor Department (Harbor Department) Rear Berths 136-139 Terminal Buildings and Main Gate project (Project), Specification No. 2663, be performed by a prequalified contractor. Work for this Project includes construction of a Leadership in Energy and Environmental Design (LEED) certified building, a new main gate for the terminal, and installation and relocation of necessary utilities, and demolition of the existing administration building, and inbound and outbound gates. Completion of this work in a timely manner is critical to terminal operations at the Trans Pacific Container Service Corp. (TraPac) Terminal. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City). This report identifies characteristics of the Project that require specialized expertise, equipment, personnel, and experience of the contractor and provides justification for utilizing the prequalification process to attain benefits for the City. The estimated construction cost of the Project is $40 to $50 million, with a contract time of 790 calendar days. Prequalification of contractors will promote the safe, timely, and cost-effective delivery of this critical and technically-challenging Project.
Recommendation: Board resolve to (1) approve the Prequalification of Bidders, finding that utilization of the bidder prequalification process for the construction of a LEED certified building, structures, backland and site redevelopment would benefit the City pursuant to Section 375 of the Los Angeles City Charter and Section 10.18 of the Los Angeles City Administrative Code for the Rear Berths 136-139 Terminal Buildings and Main Gate project; and (2) adopt Resolution No. ____________
Real Estate
2. Re: RESOLUTION NO. ____________ - REVISED REVOCABLE PERMIT TEMPLATE
Transmittals
SUMMARY: A Revocable Permit (RP) is a terminable rental agreement which is issued by the City of Los Angeles Harbor Department (Harbor Department) for various uses at the Port of Los Angeles (Port). City Charter section 655(e) provides that RPs may be issued by the Executive Director, subject to the approval of the Board of Harbor Commissioners (Board). Historically, the Board has delegated the authority to issue RPs to the Executive Director, subject to the use of a Board-approved RP template with set terms and conditions. The most recent Board-approved RP template dates back to 1990 and necessitates revision so that it is consistent with current practices, policies, rules, and regulations. The proposed revised RP template improves the document by clarifying the term of the agreement; outlines the tenant's environmental obligations; provides a methodology for automatic rent adjustments; clarifies maintenance and repair obligations; updates insurance requirements; and sets additional requirements for certain uses such as liquid bulk pipelines and tanks. The proposed RP template was presented to the Board on September 1, 2011. The Board directed staff to allow affected tenants an opportunity to review and provide feedback on the proposed RP template. The proposed RP template and a Frequently Asked Questions document were sent to 100 tenants on September 27, 2011 with a letter requesting comments by October 11, 2011. Comments from the four tenants who responded were summarized and distributed to the Board in a "For Information Only" report dated November 2, 2011. No significant changes were made to the previously submitted proposed RP template.
Recommendation: Board resolves to (1) approve the revised standard Revocable Permit template; (2) adopt Resolution No. ____________, which authorizes the use of the new Revocable Permit template; and (3) adopt Resolution No. ____________, which delegates authority to the Executive Director to execute Revocable Permits that do not materially deviate from the revised Revocable Permit template; and are valued at, or provide for annual compensation up to $150,000. Further, the Resolution authorizes the Executive Director to modify the template when the negotiated language results in more stringent or restrictive tenant obligations than those provided in the Revocable Permit template.
Planning and Economic Development
3. Re: RESOLUTION NO. __________ - PROPOSED PERMIT NO. 896 - WITH CRAFTED AT THE PORT OF LOS ANGELES
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: As part of the San Pedro Waterfront Project, Warehouse Nos. 9 & 10 were identified to be utilized for adaptive reuse. Consistent with this designation, the City of Los Angeles Harbor Department (Harbor Department) released a Request For Interest (RFI) to developers for the adaptive reuse of the warehouses. Three responses were received and the proposal to develop a visitor-serving crafts marketplace, submitted by Crafted at the Port of Los Angeles (Crafted), was selected. The proposal will promote, foster, accommodate, and enhance statewide public use of the waterfront. It is recommended that the Board of Harbor Commissioners (Board) approve proposed Permit No. 896 for a twenty-five year term with two five-year renewal option periods with Crafted for the development of a crafts marketplace at Warehouse Nos. 9 & 10.
Recommendation: Board resolve to (1) adopt the Addendum to the Final San Pedro Waterfront Environmental Impact Report in accordance with California Environmental Quality Act Guidelines Section 15164(d); (2) approve the proposed Permit No. 896 with Crafted at the Port of Los Angeles; (3) direct the Board Secretary to transmit proposed Permit No. 896 to the City Clerk for approval by the City Council pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Permit No. 896 upon approval by City Council; and (5) adopt Resolution No. ____________.
Executive Offices
Transmittal 3
SUMMARY: The Alameda Corridor Transportation Authority (ACTA) has requested an additional $250,000 from the City of Los Angeles Harbor Department (Harbor Department) to support efforts to respond to the Dominguez Channel Oil Spill. On June 16, 2011, the Board of Harbor Commissioners (Board) authorized execution of a Funding Agreement (Resolution No. 11-7149, Agreement No. 11-2993) which provides the terms under which such funds are advanced and provides for reimbursement should ACTA recover any response costs from a third party and/or the Oil Spill Liability Trust Fund.
Recommendation: Board resolve to (1) adopt Resolution No. ____________ authorizing an additional advance of $250,000 to ACTA for oil spill response costs.
H. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
American Trucking Associations, Inc. v. City of Los Angeles, et al., United States District Court Case No. 08-04920-CAS, and United States Court of Appeals for the Ninth Circuit Case No. 10-56465
2. 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 regarding subject matter of EPA order on ACTA property.
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 regarding subject matter of claim of Crimson Pipeline L.P. against the City of Los Angeles.
4. THREAT TO PUBLIC SERVICES OR FACILITIES
(Subdivision (a) of Government Code Section 54957)
Consultation with: Chief of Port Police and legal counsel.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: three cases