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Harbor Commission

121213 Regular Agenda

Regular Agenda - December 12, 2013

REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, DECEMBER 12, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731



BOARD OF HARBOR COMMISSIONERS
Vice President David Arian
Commissioner Patricia Castellanos
Ambassador Vilma S. Martinez
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

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. APPROVAL OF MINUTES
Minutes of the Special Meeting of October 3, 2013 and the Regular Meeting of October 17, 2013 for approval.

 

G. PRESENTATIONS
L.A. Waterfront Alliance

Energy Management Action Plan (EMAP - Kevin Maggay

 

H. SPECIAL ORDER OF THE DAY

PUBLIC HEARING

1(a) ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO. 13-09) TO THE CITY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS FOR DEVELOPMENT OF PHASE 2 OF THE ADVANCED WATER PURIFICATION FACILITY AT THE TERMINAL ISLAND WATER RECLAMATION PLANT

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.

1(b) Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO. 13-09) TO THE CITY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS FOR DEVELOPMENT OF PHASE 2 OF THE ADVANCED WATER PURIFICATION FACILITY AT THE TERMINAL ISLAND WATER RECLAMATION PLANT

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Department of Public Works is seeking to construct Phase 2 of the Advanced Water Purification Facility (AWPF) located at the Terminal Island Water Reclamation Plant (TIWRP). Phase 2 will increase the plant̢۪s water treatment capacity to 12 million gallons per day from its current maximum of 5 million gallons per day. Staff is recommending that the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-09, a Level III, appealable permit for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, appealable Coastal Development Permit No. 13-09; (2) 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; (3) upon closure of the public hearing, resolve to approve the issuance of Level III, appealable Coastal Development Permit No. 13-09 to expand the Advanced Water Purification Facility, subject to the standard conditions set forth in the permit, and direct the Director of Planning and Economic Development to issue said permit; and (4) adopt Resolution No.____________.

I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (2-10)

Commission Office

2. Re: RESOLUTION NO. ____________ - APPROVAL OF THE 2014 BOARD MEETING CALENDAR
Recommendation: Board resolve to adopt the 2014 Board of Harbor Commissioners Calendar.

 

3. Re: RESOLUTION NO. ____________ - APPROVAL OF CHANGES TO MEMBERSHIP OF THE BOARD AUDIT COMMITTEE
Recommendation: Board resolve to remove Douglas P. Krause and Dr. Sung Won Sohn and appoint Commissioner Edward R. Renwick as Chair and Commissioner Anthony Pirozzi, Jr. as a member of the Board Audit Committee.

 

Environmental Management

4. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 12-3037-PROPOSITION 1B-GOODS MOVEMENT EMISSION REDUCTION PROGRAM COOPERATIVE GRANT AGREEMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE IMPLEMENTATION OF SHORE-SIDE ELECTRIC POWER AT TEN BERTHS
SUMMARY: In January 2012, the Board of Harbor Commissioners (Board) approved a grant from the South Coast Air Quality Management District (SCAQMD) for reimbursement funding from the Proposition 1B - Goods Movement Emission Reduction Program (Prop 1B). On January 17, 2012, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 12-3037 (Agreement) with the SCAQMD, the fiduciary agency, to receive Prop 1B grant reimbursement funding in the amount of $23.7 million to install shore-side electrical power, also referred to as Alternative Maritime Power (AMP) at ten berths within the Port of Los Angeles (Port). Agreement No. 12-3037 currently
requires that ships be able to actually plug into Prop 1B funded berths on or before December 31, 2013, or grant funding will be forfeited. However, if no ship is available to plug in by December 31, 2013, a rule violation would result. As a result, the proposed First Amendment to Agreement 12-3037 (Amendment) will allow load bank testing to demonstrate operability at the Prop 1B funded AMP berths prior to December 31, 2013, in the event there is no available ship capable of plugging into an AMP berth on or before that time. The load bank system test will secure the full grant funding amount until the SCAQMD can witness a ship successfully plug into an AMP berth at a later date.
Recommendation: Board resolve to (1) approve in substantial form the First Amendment to Agreement No. 12-3037 for acceptance of grant funds under the Proposition 1B - Goods Movement Emission Reduction Program, between the South Coast Air Quality Management District and the City of Los Angeles Harbor Department; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.

 

5. Re: RESOLUTION NO. ____________ - APPROVAL OF THREE PERSONAL SERVICES AGREEMENTS FOR AS-NEEDED EMERGENCY RESPONSE AND HAZARDOUS WASTE MANAGEMENT SERVICES WITH OCEAN BLUE ENVIRONMENTAL SERIVCES, INC., PATRIOT ENVIRONMENTAL SERVICES, INC. AND ANCON MARINE

Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5

SUMMARY: The Environmental Management Division (EMD) recommends approval of personal services agreements (Agreements) with Ocean Blue Environmental Services, Inc. (Ocean Blue), Patriot Environmental Services, Inc. (Patriot), and Ancon Marine (Ancon) to provide emergency response and hazardous waste management services for City of Los Angeles Harbor Department (Harbor Department) operations and to support its Port Police, Construction and Maintenance (C&M), Wharfingers, and Real Estate Divisions' activities. The proposed Agreements are for a term of three years each and have a combined total contract amount of $6,000,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (2) approve the three Agreements for a term of three years and funding allocations of
$2,000,000 each, for a combined contract total of $6,000,000:
a. Agreement with Ocean Blue Environmental Services, Inc. (Long Beach, CA) for $2,000,000;
b. Agreement with Patriot Environmental Services, Inc. (Wilmington, CA) for $2,000,000;
c. Agreement with Ancon Marine (Signal Hill, CA) for $2,000,000;
(3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (4) adopt Resolution No.____________.

Government Affairs

6. Re: RESOLUTION NO. ____________- APPROVAL OF AGREEMENTS WITH (1) ALCALDE & FAY; (2) KADESH & ASSOCIATES; AND (3) HOLLAND & KNIGHT, FOR FEDERAL GOVERNMENT ADVOCACY REPRESENTATION IN WASHINGTON, D.C.

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6

SUMMARY: Staff recommends approval of three Agreements for federal government advocacy in Washington, D.C. for the City of Los Angeles Harbor Department (Harbor Department) with the following firms: (1) Alcalde & Fay located in Arlington, Virginia; (2) Kadesh & Associates located in Washington, D.C.; and (3) Holland & Knight located in Washington, D.C. Each of the proposed Agreements are for a one-year term with two one-year options to extend, for a total of up to three-years, with a not-to-exceed amount of $270,000, per firm, which is $90,000 per firm, per year, resulting in a monthly average of $7,500 per month, per firm. The total authority of the proposed three Agreements is $810,000 over three-years.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter (Charter), Section 1022, work under the subject Agreements are temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (2) approve the three proposed Agreements with (1) Alcalde & Fay located in Arlington, Virginia; (2) Kadesh & Associates located in Washington, D.C.; and (3) Holland & Knight located in Washington, D.C.

- Each of the proposed Agreements are for a one-year term with two one-year options to extend, for a total of up to three-years, with a not-to-exceed amount of $270,000, per firm, which is $90,000 per firm, per year, resulting in a monthly average of $7,500 per month, per firm. The total authority of the proposed three Agreements is $810,000 over three-years; and
- Authorize the Executive Director to terminate any of the Agreements with ten-day notice; the ability to consolidate any of the Agreements with any of the three firms; and to reallocate the funds available under the account for federal advocacy services for a total amount not to exceed $270,000 per year, for the total number of agreements.
(3) authorize the Executive Director to execute, and the Board Secretary to attest to, the proposed Agreements; and (4) adopt Resolution No.____________.

Public Relations



7. Re: RESOLUTION NO. ____________ - APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE LOS ANGELES MARITIME INSTITUTE FOR THE TOPSAIL YOUTH SAILING TRAINING PROGRAM

Transmittal 1

SUMMARY: The Los Angeles Maritime Institute's (LAMI) TopSail Youth Sail Training Program (TopSail) provides support of the City-wide programs for at-risk youths. The TopSail educational program exposes students to the rigors and discipline of sailing tallships and at the same time teaches teamwork, responsibility and leadership skills. The City of Los Angeles Harbor Department (Harbor Department) has sponsored this program since 1992. On July 25, 2013, the Board of Harbor Commissioners (Board) approved Amendment No. 1 to Agreement 10-2890 providing funding through December 31, 2013, in the amount of $175,000. Funding for the TopSail program in the amount of $350,000 is included in the Public Relations Division FY 2013/14 budget. The proposed new agreement will provide funding through the end of the current fiscal year (FY) 2013/14, in the amount of $175,000 consistent with the balance of funds budgeted for FY 2013/14. At the direction of the Board, the Public Relations Division will implement a new competitive process for sponsorship funding in FY 2014/15. LAMI will be encouraged to participate in this new program.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the scope of work of the proposed agreement is of a temporary and occasional nature and is best completed by a contractor on an interim basis; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed agreement between the City of Los Angeles Harbor Department and the Los Angeles Maritime Institute, located at Berth 73, Suite 2, San Pedro, CA 90731, for a total not-to-exceed amount of $175,000; and (3) adopt Resolution No.____________.

 

Real Estate

8. Re: ORDER NOS. ____________ - DIRECTING VARIOUS LOS ANGELES HARBOR DEPARTMENT TENANTS TO RELOCATE PIPELINES INTERFERING WITH THE TRAPAC BERTHS 142-147 INTERMODAL CONTAINER TRANSFER FACILITY PROJECT AND BERTHS 142-143 BACKLAND PROJECT

Transmittals

SUMMARY: On August 13, 2009, the Board of Harbor Commissioners (Board) approved a 30-year permit with TRAPAC, INC. (TraPac). The permit paved the way for the redevelopment of the TraPac Terminal, which requires the development of the existing Pier A Rail Yard into the Berths 142-147 Intermodal Container Transfer Facility and the Berths 142-143 Backland Project (collectively referred to herein as the "TraPac ICTF Projects"). On November 13, 2013, the Los Angeles City Council approved the Second Amendment to the permit, which was approved by the Board on September 19, 2013. The Second Amendment authorized the conversion of the terminal to an automated crane system using automated cranes mounted on rails instead of rubber-wheeled ones. To accommodate these projects, several underground and above-ground pipelines from various companies must be removed, relocated, and/or protected in place. The proposed Orders will serve as a notice to the impacted City of Los Angeles Harbor Department (Harbor Department) pipeline tenants, in accordance with each tenant's permit, to remove, relocate, and/or protect in place the affected pipelines.
Recommendation: Board resolve to (1) approve the Orders directing ExxonMobil Oil Corporation, Equilon Enterprises LLC, dba Shell Oil Company, Paramount Petroleum Corporation, ARCO Terminal Services Corporation, Chemoil Terminals
Corporation, Chevron U.S.A. Inc., Ultramar Inc., and Nustar Energy (Shore Terminal) to remove, relocate, and/or protect in place, the pipelines interfering with the TraPac ICTF Projects; (2) authorize the Board Secretary to attest to the Orders directing the aforementioned Harbor Department tenants to remove, relocate, and/or protect in place, the pipelines which interfere with the TraPac ICTF Projects; and (3) adopt Order Nos.____________.

 

9. Re: RESOLUTION NO. ____________ - PURCHASE AND SALE AGREEMENT CONCERNING THE PRIVATE SALE OF REAL PROPERTY LOCATED AT 320 EAST HARRY BRIDGES BOULEVARD

Transmittal 1

SUMMARY: Approval of a proposed Purchase and Sale Agreement with the B & L Lax Family Trust (Trust) is requested to acquire a parcel of land needed for the West Basin Rail Yard Project (Project). Purchase in lieu of condemnation will avoid any costly modifications or delays to the Project. The City of Los Angeles Harbor Department (Harbor Department) is currently constructing the Project in the Berth 200 area to accommodate expansion of the TraPac container terminal. The Project includes new intermodal storage tracks at Berth 200 and the upgrade of mainline trackage that connects the Port of Los Angeles with the Alameda Corridor, allowing an increase in the use of trains to move cargo containers and reducing truck trips to off-dock rail yards. In March of this year, the Harbor Department's construction contractor was notified by representatives of the Trust that the Project was encroaching on their property. Title research revealed that the Trust does hold title to a triangle of property previously believed to be owned by the Harbor Department. The triangle is separated from the Trust's main property at 320 E. Harry Bridges Boulevard and has been rendered somewhat inaccessible by the rail lines. The purchase includes the land under the rail easement in which the Trust has a reversionary interest.
Recommendation: Board resolve to (1) find that the purchase of a 12,000 square foot land parcel located near 320 East Harry Bridges Boulevard is in the best interest of the Harbor Department, as a) it removes any potential impediments to the ongoing construction of the Project; and b) it eliminates potential liabilities to the Harbor Department resulting from the Project's encroachment on privately owned property; (2) find that the public interest allows for the purchase of a land parcel located at 320 East Harry Bridges Boulevard to assure the benefit to the community of completion of the Project; (3) approve the Purchase and Sale
Agreement with the B & L Lax Family Trust for the amount of $200,000 for land. In addition, approve the Harbor Department's expenditure for costs associated with the sale, including nominal escrow and title insurance fees; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Purchase and Sale Agreement, and Certificate of Acceptance of a Quitclaim Deed from B & L Lax Family Trust; and (5) adopt Resolution No.____________.

 

Port Police

10. Re: RESOLUTION NO. 13-7576-A - AWARD OF CONTRACT NOS. 39685 AND 39686 FOR PURCHASE OF POLICE PATROL VESSELS TO REPLACE AND MAINTAIN WATERBORNE RESPONSE CAPABILITIES

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6

SUMMARY: Resolution No. 13-7576 was approved by the Board of Harbor Commissioners (Board) on November 7, 2013, this Errata document will align the financials submitted in the original board report with the final contractual documents. Staff requests approval of Contract Nos. 39685 and 39686 to SAFE Boats International of Port Orchard, Washington, for the purchase of two 29-foot and two 33-foot Port Police patrol vessels. On April 18, 2013, the Board authorized the purchase of four Los Angeles Port Police Marine Unit Vessel Replacements under a Cooperative Agreement with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) through the Fiscal Year (FY) 2012 Port Security Grant Program (PSGP). This project will be accomplished utilizing two awards of contract. Three vessels will replace existing vessels that have reached the end of their service life and will be salvaged. The fourth vessel will be used to augment fleet rotation for regular vessel maintenance. The vessels are being purchased through the Federal General Services Administration (GSA) program at the Federal government's guaranteed lowest price. The contract total for four vessels is $2,366,828. Funds have been authorized in the Port Police Capital Budget, and the equipment is eligible for reimbursement in an amount up to $1,775,121, under the DHS FEMA FY 2012 PSGP with a required 25 percent cost share total of $591,707, to be funded by the Harbor Department. The grant is for a two-year period ending August 31, 2014.
Recommendation: Board resolve to (1) affirm the underlying contracts approval originally submitted and approved by the Board on November 7, 2013 concerning the purchase of two 33-foot police patrol vessels and two 29-foot police patrol vessels in the total amount of $2,366,828; (2) substitute this board report for the board report that was approved November 7, 2013; (3) adopt this board report which is an Errata document for the original board report dated October 30, 2013 as Resolution 13-7576-A; and (4) authorize the Executive Director to execute the two Contracts for and on behalf of the Board under the originally assigned Resolution No. 13-7576.

 

REGULAR ITEMS (11- 17)

Commission Office

11. Re: RESOLUTION NO. ____________ - TO ESTABLISH AN AD HOC BOARD COMMITTEE ON CAPITAL IMPROVEMENT PROGRAM
Recommendation: Board resolve to establish an Ad Hoc Board Committee on Capital Improvement Program.

Construction

12. Re: RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ARCADIS U.S., INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR BERTHS 142-143 BACKLAND IMPROVEMENTS (PHASE 2-4) PROJECT

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5

SUMMARY: The Berths 142-143 Backland Improvements (Phases 2-4) project (Project) is a component of the phased development of the Berths 136-147 Trans Pacific Container Services, Corp. (TraPac) Container Terminal Improvement Program. This Project is part of the overall automated container terminal development program at the TraPac terminal. The scope of this Project consists of the construction of 15 automated stacking blocks (and related infrastructure), each with the capacity to operate two automated stacking cranes over 72 acres of container terminal backland. This professional services agreement (Agreement)
provides for construction management services for the construction of the Project. ARCADIS, U.S., Inc., located in Irvine, California is recommended to provide the required services. The Agreement amount is $5,645,000 for a duration of four years.
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 consultant, and is necessary due to a peak in work volumes, and current employees being committed to other assignments; (2) award the four-year Agreement to ARCADIS, U.S., Inc. in the amount of $5,645,000; and authorize payment from the Construction Management Services account; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, this Agreement for and on behalf of the Board; (4) adopt Resolution No.____________; and (5) direct the Board Secretary to forward the Agreement to the City Council for its approval pursuant to Section 373 of the City Charter.

 

13. Re: RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND TRANSYSTEMS CORPORATION FOR CONSTRUCTION MANAGEMENT SERVICES FOR BERTHS 142-147 INTERMODAL CONTAINER TRANSFER FACILITY PROJECT

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5

SUMMARY: The Berths 142-147 Intermodal Container Transfer Facility (ICTF) project (Project) is a component of the phased development of the Berths 136-147 Trans Pacific Container Services, Corp. (TraPac) Container Terminal Improvement Program. The Project will redevelop the existing Pier A Rail Yard into an intermodal container transfer facility. This professional services agreement (Agreement) provides for construction management services for the construction of the Project. TranSystems Corporation, located in Long Beach, California, is recommended to provide the required services. The Agreement amount is $4,760,000 for a duration of three years.
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 consultant, and is necessary due to a peak in work volumes, current employees committed to other assignments, and a need for rail-related construction expertise; (2) award the three-year Agreement to TranSystems Corporation in the amount of $4,760,000; and authorize payment
from the Construction Management Services account; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, this Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

 

14. Re: RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND JACOBS PROJECT MANAGEMENT CO. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE JOHN S. GIBSON BLVD./I-110 FREEWAY ACCESS RAMP IMPROVEMENTS & SR-47/I-110 NORTHBOUND CONNECTOR WIDENING PROJECT

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

SUMMARY: This professional services agreement (Agreement) provides for construction management services for the John S. Gibson Blvd./I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening project (Project). This Project will improve the westbound State Route 47 (SR-47)/interstate 110 (I-110) northbound on-ramp and the northbound on/off-ramps to the I-110 Freeway/John S. Gibson Blvd. intersection. This Project will also construct an additional lane on the northbound I-110 freeway including improvements to John S. Gibson Blvd. in the vicinity of these on/off-ramps. Jacobs Project Management Co., located in Irvine, California, is recommended to provide the services under this Agreement. The Agreement amount is $4,265,000 for a duration of three years.
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 consultant and is necessary due to a peak in work volumes, current employees committed to other assignments, and a need for freeway construction expertise; (2) award the three-year personal services Agreement to Jacobs Project Management Co. in the amount of $4,265,000; and authorize payment from the Construction Management Services account; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

15. Re: RESOLUTION NO. ____________ - PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND HARRIS & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE INTERSTATE 110/C STREET INTERCHANGE PROJECT

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

SUMMARY: The Interstate 110/C Street Interchange project (Project) will improve traffic flow by combining two closely spaced intersections into one, and constructing a new off-ramp from the northbound Interstate 110 Freeway onto Harry Bridges Boulevard. This proposed professional services agreement (Agreement) provides for construction management services for the construction of the Project. Harris & Associates, located in Los Angeles, California is recommended to provide the required services. The Agreement amount is $4,244,000, for a duration of three years.
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 consultant, and is necessary due to a peak in work volumes, current employees committed to other assignments, and a need for freeway construction expertise; (2) award the three-year Agreement to Harris & Associates in the amount of $4,244,000; and authorize payment from the Construction Management Services account; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

Executive Office

16. Re: RESOLUTION NO. ____________ - APPROVE HARBOR COMMUNITY BENEFIT FOUNDATION̢۪S COMMUNITY BENEFIT GRANT PROGRAM AND THE TRANSFER OF PORT COMMUNITY MITIGATION TRUST FUNDS
SUMMARY: The Port Community Mitigation Trust Fund (PCMTF) was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate mitigation projects and grants for the communities of Wilmington and San Pedro. The Harbor Community Benefit Foundation (HCBF), a nonprofit organization established to operate the PCMTF, is responsible for identifying projects to receive grant funding and is required to report to the Board of Harbor Commissioners (Board) regarding its annual progress and for approval of transfers from the PCMTF. The HCBF has developed a Community Benefit Grants Program and hereby requests that the Board approve its use of the PCMTF to fund a pilot program. Local community organizations whose projects were determined to address impacts from Port of Los Angeles (Port) related operations to benefit Wilmington and San Pedro communities, consistent with the Tidelands Trust, have been selected to receive the proposed grant awards. Upon approval, HCBF will award 19 grants totaling $506,000 for the 2014 calendar year under the Community Benefit Grant pilot program. Staff has reviewed the proposal submitted by the HCBF and recommends approval in accordance with the Operating Agreement and the TraPac Memorandum of Understanding.
Recommendation: Board resolve to (1) approve Harbor Community Benefit Foundation's request to use the Port Community Mitigation Trust Fund to grant awards to fund 19 Community Benefit Grants totaling $506,000 for programs addressing Port-related impacts on aesthetics, air quality, biological resources, cultural resources, health risk and land use for San Pedro and Wilmington communities; (2) authorize the Executive Director or his designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $506,000 from J.P. Morgan Private Bank to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation's request; and (3) adopt Resolution No.____________.

 

Finance

17. Re: ORDER NO. ____________ - PROPOSED SALE OF 49% OF INTERNATIONAL TRANSPORTATION, INC., A DELAWARE CORPORATION, THAT OWNS 100 PERCENT OF TRAPAC, INC., A TENANT OF THE PORT OF LOS ANGELES HARBOR DEPARTMENT, TO BIF II TP AGGREGATOR (DELAWARE), L.P., A SUBSIDIARY OF BROOKFIELD ASSET MANAGEMENT, INC. AND SOLELY CONTROLLED BY IT

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: Proposed is a request to provide consent to the sale of 49% of the ownership of International Transportation, Inc., a Delaware corporation (Tenant Holdco) that is currently a wholly owned subsidiary of the Mitsui O.S.K. Lines, Ltd. (MOL), to an entity (Transferee) legally known as BIF II TP Aggregator (Delaware), L.P., a Delaware limited partnership, a subsidiary of and controlled solely by Brookfield Asset Management, Inc., a Canadian corporation. TraPac, Inc. (TraPac or Tenant), a wholly owned subsidiary of Tenant Holdco, initiated this request. With Trapac's ultimate parent, MOL, remaining unaffected and with the parent's existing guarantee untouched, the risk position of the City of Los Angeles Harbor Department (Harbor Department) continues unchanged.
Recommendation: Board resolve to (1) approve the Order to consent to the sale of 49% of the ownership of International Transportation, Inc.; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order to consent to the sale; and (3) authorize and direct the Board Secretary to transmit to the Los Angeles City Council for approval pursuant to Section 606 of the Charter of the City of Los Angeles the consent to the proposed transfer of 49% of the issued and outstanding shares of International Transportation, Inc., the holding company that owns TraPac, Inc., the tenant of the Harbor Department under Permit No. 881, as amended; and (4) adopt Order No.____________.

 

J. ELECTION OF OFFICERS

 

 

K. CLOSED SESSION

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

California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333

City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356

Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458

East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454

Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332

Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448

South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381

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

City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R

3. 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: one case.

4. 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 Negotiators: Cynthia Ruiz, David Mathewson, Jack Hedge

Tenant Negotiators: Eric Johnson, Claire DeBriere, Brian Saenger

Negotiating Parties: City and LA Waterfront Alliance

Under Negotiation: Price and Terms

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

Provide instructions to its real estate negotiators with respect to the USS Iowa battleship:

Property: Berth 87, San Pedro, California

City Negotiator: Cynthia Ruiz

Tenant Negotiator: Jonathan Williams

Negotiating Parties: City and Pacific Battleship Center

Under Negotiation: Price and Terms

6. THREAT TO PUBLIC SERVICES OR FACILITIES
(Subdivision (a) of Government Code Section 54957)

Consultation with: Port of Los Angeles Chief of Police/Interim Deputy Executive Director of Operations Ronald J. Boyd