SPECIAL MEETING AGENDA
DECEMBER 1, 2016

Board of Harbor Commissioners

__________________________________________________________________________________

ORDER OF BUSINESS

OPEN SESSION

A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes

Special Meeting of November 17, 2016

H. Presentation

I. Level I Coastal Development Permit Report

Transmittal 1
Transmittal 2

The Executive Director has approved one Level I CDP:

CDP No. 16-19 Gahagan and Bryant Associates, Inc. - Demolish modular office

J. Board Reports of the Executive Director

Regular Items (1-3)

Construction

1. RESOLUTION NO.____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: SULLY-MILLER CONTRACTING CO. BERTHS 212-224 INTERMODAL CONTAINER TRANSFER FACILITY (ICTF) EXPANSION (YTI TERMINAL) SPECIFICATION NO. 2777

Transmittal 1
Transmittal 2
Transmittal 3

Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the award of this construction contract to Sully-Miller Contracting Co. (Sully-Miller). The Berths 212-224 ICTF Expansion (Project) will include installation of track rails, excavation and disposing of hazardous materials, pavement work, and utility protection, modification and relocation. The lowest responsive and responsible bidder is Sully-Miller located at 135 S. State College Blvd., Suite 400, Brea, California 92821. The contract amount, plus a 10% contingency, is $3,248,300. The contract duration is 300 calendar days. The Project will receive federal grant funding under the Congestion Mitigation Air Quality fund through the Los Angeles County Metropolitan Transportation Authority (LACMTA), in the amount of $1,992,000. In addition, the Project will receive state grant funding under the Proposition 1B Trade Corridor Improvement Fund (TCIF) through the State of California Department of Transportation (Caltrans), in the amount of $1,132,000.

Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Sections 2(f) and 2(i), of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that, in accordance with 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. 2777 for Item Nos. 1 through 31 of the proposal schedule to Sully-Miller, in the amount of $2,953,000; that a 10% contingency not included in the original contract amount be applied for a total authorization of $3,248,300; and authorize payment from the Harbor Department Construction Account. The contract time for performance of the work will be 300 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.____________.

Engineering

2. RESOLUTION NO.____________ - PROPOSED TRADE CORRIDOR IMPROVEMENT FUND AGREEMENT FOR THE YUSEN TERMINAL EFFICIENCY ENHANCEMENT & TRUCK TRIP REDUCTION PROGRAM PHASE 2 (TCIF NO. 108.2) BETWEEN THE CITY OF LOS ANGELES, HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

Transmittal 1

Summary: Staff requests the Board of Harbor Commissioners adopt a Resolution and agree to the attached Trade Corridor Improvement Fund (TCIF) Agreement (TCIF No. 108.2) Agreement No. 75A0XXX between the City of Los Angeles Harbor Department (Harbor Department) and the State of California, Department of Transportation (Caltrans). The Harbor Department has been awarded the following grant: State Proposition 1B TCIF for the Yusen Terminal Efficiency Enhancement & Truck Trip Reduction Program - Phase 2 (Project) in the amount of $1,132,000. The Harbor Department will be responsible to provide the initial funding for the Project and seek reimbursement from the proposed TCIF grant for up to $1,132,000. The Harbor Department will also be receiving a Los Angeles County Metropolitan Transportation Authority (LACMTA) grant for up to $1,992,000. Programming of the LACMTA funds were authorized by LACMTA on September 24, 2015. The Harbor Department's cost share to the Project is estimated at $424,300 of the total estimated Project construction cost of $3,548,300 including construction support services. In order to seek grant reimbursement, Caltrans requires the Harbor Department to provide a resolution agreeing to the terms and conditions set forth in the TCIF Agreement. This action authorizes the Executive Director to execute the Agreement. Once approved, the resolution will be transmitted to Caltrans. Caltrans will then execute the Agreement and provide the Harbor Department a copy for final signature by the Executive Director. Thenceforth with a fully executed Agreement, the Harbor Department will seek reimbursement in the amount of $1,132,000.

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) and 2(i), of the Los Angeles City CEQA Guidelines; (2) agree to the terms and conditions set forth by the attached Trade Corridor Improvement Fund (TCIF) Agreement (TCIF No. 108.2) Agreement No. 75A0XXX in the amount of $1,132,000 between the State of California Department of Transportation (Caltrans) and the City of Los Angeles Harbor Department; (3) authorize the Executive Director to sign and execute, and the Board Secretary to attest to, the TCIF Agreement for and on behalf of the Board; (4) authorize the Executive Director to execute future amendments to the TCIF Agreement to account for revised project schedules and reduced project costs for and on behalf of the Board subject to approval of the City Attorney as to form and legality; and (5) adopt Resolution No.___________.

Waterfront & Commercial Real Estate

3. RESOLUTION NO.____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ALTASEA AT THE PORT OF LOS ANGELES FOR GRANT FUNDING FROM THE U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION; AND APPROVAL OF GRANT AWARD CONDITIONS

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Transmittal 8

Summary: Staff requests the approval of the Restated Agreement No. 16-3388 between AltaSea at the Port of Los Angeles (AltaSea) and the City of Los Angeles Harbor Department (Harbor Department) which will include the grant award conditions to comply with the obligations that come with the receipt of the grant from the U.S. Department of Commerce Economic Development Administration (EDA). The Restated Agreement requires that AltaSea is solely responsible for complying with all obligations of the grant award. On May 5, 2016, the Board of Harbor Commissioners (Board) approved Agreement No. 16-3388 between the Harbor Department and AltaSea which governs the relationship between the two parties as co-applicants for the EDA Grant for $3,000,000 of an approximately $8.6 million project (Project) for developing infrastructure improvements. On September 28, 2016, the Harbor Department received EDA confirmation of the acceptance of the grant application for $3,000,000, and the accompanying request to execute the Financial Assistance Award documents describing the grant recipients' obligations. A Restated Agreement No. 16-3388 is required to incorporate the Financial Assistance Award documents into Agreement No. 16-3388 in order to expressly outline the obligations set forth through this EDA grant. As with the original agreement, AltaSea will be solely responsible for complying with all obligations that are described in the Financial Assistance Award.

Recommendation: Board resolve to (1) find 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 as determined by the Director of Environmental Management; (2) approve the Restated Agreement with AltaSea at the Port of Los Angeles; (3) approve the award documents (including the City of Los Angeles Harbor Department as co-recipient) of the $3,000,000 grant from the U.S. Department of Commerce Economic Development Administration; (4) direct the Board Secretary to transmit the Agreement and award documents to City Council for approval pursuant to Charter Section 606 of the City Charter; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement upon approval by City Council; (6) authorize and direct the Executive Director or designee to execute the attached award documents of the Economic Development Assistance grant, and any subsequent award documents so long as they are consistent with the provisions of the Agreement, subject to approval as to form and legality by the Office of the City Attorney; and (7) adopt Resolution No.___________.

CLOSED SESSION

K. Closed Session Items

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

San Pedro Peninsula Homeowner's United Inc., Before the Surface
Transportation Board, Docket No. FD 36065

2. 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

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

Provide instructions to its real estate negotiators with respect to Permit 904 with AltaSea at the Port of Los Angeles:

Property: City Dock 1, San Pedro, California

City Negotiator: Michael Galvin

Tenant Negotiator: Jenny Krusoe

Negotiating Parties: City and AltaSea at the Port of Los Angeles

Under Negotiation: Price and Terms

L. Adjournment