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Harbor Commission

Special Agenda - Sept. 17, 2015

*REVISED AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, SEPTEMBER 17, 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 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

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

City of Los Angeles v. Pacific Indemnity Company, Los Angeles Superior Court Case No. BC578578

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

City of Los Angeles v. First State Insurance Company, Los Angeles Superior Court Case No. BC578579

4. 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.

 

C. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS

 

 

D. EXECUTIVE DIRECTOR REMARKS
 

 

E. REPORTS OF THE COMMISSIONERS

 

 

F. BOARD COMMITTEE REPORTS

 

 

G. APPROVAL OF THE MINUTES

July 13, 2015 Special Meeting

August 20, 2015 Regular Meeting

 

H. PRESENTATION

Zero Emissions White Paper 

 

I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

Consent Items (1 - 6)

Environmental Management

1. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NOS. 13-3143, 13-3200, AND 14-3241 TO REFLECT CONSULTANT NAME CHANGE FROM ENVIRON INTERNATIONAL CORPORATION TO RAMBOLL ENVIRON US CORPORATION

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: ENVIRON International Corporation changed its name to Ramboll Environ US Corporation as of May 1, 2015. This change affects three consultant agreements administered by the Environmental Management Division, Agreements Nos. 13-3143, 13-3200, and 14-3241. These consultant agreements provide professional and technical support for the Water Quality, California Environmental Quality Act, and Air Quality sections, respectively. The First Amendment to these three Agreements is solely administrative in nature to reflect the company name change. All other terms and conditions of the Agreements remain unchanged. The City of Los Angeles Harbor Department (Harbor Department) will continue to be responsible for expenses under these Agreements.
Recommendation: Board resolve to (1) approve the First Amendment to Agreements Nos. 13-3143, 13-3200, and 14-3241 to reflect corporate name change to Ramboll Environ US Corporation; (2) authorize the Executive Director and the Board Secretary to execute and attest to said First Amendments for and on behalf of the Board; and (3) adopt Resolution No.____________.

Information Technology

2. Re: RESOLUTION NO. ____________ - AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BIRDI & ASSOCIATES, INC., SIERRA CYBERNETICS, INC., AND E.K. ASSOCIATES FOR ON-CALL INFORMATION TECHNOLOGY SERVICES

Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to enter into Agreements with Birdi & Associates, Inc. (Birdi), Sierra Cybernetics, Inc. (Sierra), and E.K. Associates (EK) (Agreements) for Information Technology (IT) services on an on-call/as-needed basis. The authority amount of each Agreement will be up to $1,000,000, with an aggregate amount not-to-exceed $3,000,000. The term for each Agreement is three years. The recommendation to select Birdi, Sierra and EK is based on the competitive Request for Qualifications (RFQ) process performed by the Harbor Department. All three firms are qualified local Small Business Enterprises (SBEs). Therefore, 100% of the proposed Agreements will contribute towards the Harbor Department’s SBE objectives. Sierra and EK are also Very Small Business Enterprises (VSBEs). Birdi is based in Los Angeles, California. Sierra is based in Anaheim Hills, California. EK is based in Cerritos, California. IT services are the financial responsibility of the Harbor Department. 
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (2) approve the Agreements with Birdi & Associates, Inc. at an amount not-to-exceed $1,000,000; Sierra Cybernetics, Inc. at an amount not-to-exceed $1,000,000; and E.K. Associates at an amount not-to-exceed $1,000,000 to support information technology operations on an on-call/as-needed basis for a three-year term; (3) authorize the Executive Director or designee to execute each Agreement and authorize the Board Secretary to attest to said Agreements; and (4) adopt Resolution No.____________.


Engineering

3. Re: RESOLUTION NO. ____________ - FIRST RENEWAL OF THE STANDARD OFFER AGREEMENT FOR AMP SERVICE TO MERCHANT SHIPS WITH MAXIMUM DEMAND OF NOT LESS THAN SEVEN MEGAWATTS PER MONTH, BETWEEN THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER AND THE CITY OF LOS HARBOR DEPARTMENT

Transmittal 1

SUMMARY: Alternative Maritime Power (AMP) systems allow ships to be powered by shore-supplied electrical power while at berth. To transfer electrical load from the vessel generators to the utility supplied source, it is required to connect the ship in parallel to the utility lines. The load transfer from ship to utility source takes a few minutes. During this time period, both the vessel's and utility's generators are connected in parallel and operate in cogeneration mode. Since the cogeneration time period is more than one second, the City of Los Angeles Department of Water and Power (LADWP) considers this arrangement as a customer-owned generator connection, hence requiring the City of Los Angeles Harbor Department (Harbor Department) to enter into a Standard Offer Agreement For AMP Service To Merchant Ships With Maximum Demand Of Not Less Than Seven Megawatts Per Month (Standard Offer Agreement), and to apply the published AMP-B rate.The Harbor Department is financially responsible for payment of AMP utility expenses, but recovers the cost of such expenses by billing the terminal operators and receiving the payment from the terminal operator. 
Recommendation: Board resolve to (1) approve the proposed Los Angeles Department of Water and Power (LADWP) renewal of the Standard Offer Agreement For AMP Service To Merchant Ships With Maximum Demand Of Not Less Than Seven Megawatts Per Month (Standard Offer Agreement) allowing the LADWP to service cruise vessels' AMP connections and to apply the published AMP-B rate; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and or behalf of the Board; and (3) adopt Resolution No.____________.

 

Engineering

4. Re: RESOLUTION NO. ____________ - FIRST AMENDMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO CALTRANS COOPERATIVE AGREEMENT NO. 07-4956 FOR JOHN S. GIBSON BOULEVARD/I-110 FREEWAY ACCESS RAMP IMPROVEMENTS AND SR-47/I-110 NORTHBOUND CONNECTOR WIDENING AND CALTRANS COOPERATIVE AGREEMENT NO. 07-4957 FOR C STREET/I-110 ACCESS RAMP IMPROVEMENTS

Transmittal 1

Transmittal 2


SUMMARY: On September 20, 2012, the Board of Harbor Commissioners (Board) approved the City of Los Angeles Harbor Department (Harbor Department) Agreement No. 07-4956 - Caltrans Cooperative Agreement No. 07-4956 between the Harbor Department and the State of California Department of Transportation (Caltrans) for John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements and SR-47/I-110 Northbound Connector Widening Project and the Harbor Department Agreement No. 07-4957 - Caltrans Cooperative Agreement No. 07-4957 between the Harbor Department and Caltrans for C Street/I-110 Access Ramp Improvements Project. These Cooperative Agreements define the respective roles and responsibilities of each agency during construction of each project.These First Amendments, if approved by the Board, define how the Harbor Department will request and receive reimbursement of grant funds from the State of California Trade Corridor Improvement Fund Program (TCIF) allocations to these two projects. As the grants are reimbursement grants, the Harbor Department is responsible to fully fund and construct the projects, and thereafter seek reimbursement from Caltrans.
Recommendation: Board resolve to (1) approve First Amendment to the Harbor Department Agreement No. 07-4956 - Caltrans Cooperative Agreement No. 07-4956 between the Harbor Department and Caltrans; (2) approve First Amendment to the Harbor Department Agreement No. 07-4957 - Caltrans Cooperative Agreement No. 07-4957 between the Harbor Department and Caltrans; (3) authorize the Executive Director to execute and Board Secretary to attest to said Amendments for and on behalf of the Board; and (4) adopt Resolution No.____________.

 

Government Affairs

5. Re: RESOLUTION NO. ____________ - APPROVAL OF AGREEMENT WITH SHAW, YODER, ANTWIH, INC. FOR STATE GOVERNMENT ADVOCACY REPRESENTATION IN SACRAMENTO

Transmittal 1

SUMMARY: Staff recommends approval of the Agreement with Shaw, Yoder, Antwih, Inc., (Agreement), 1415 L Street, Suite 1000, Sacramento, California, 95814, for California State (State) government advocacy representation for the City of Los Angeles Harbor Department (Harbor Department). The proposed Agreement is for a three-year term with a not-to-exceed amount of $120,000 per year, for a total amount of $360,000. The Harbor Department is financially responsible for payment of expenses under the proposed Agreement. 
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter (Charter), Section 1022, work under the subject Agreement is 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 proposed Agreement with Shaw, Yoder, Antwih, Inc., located at 1415 L Street, Suite 1000, Sacramento, California 95814, for a three-year term with a not-to-exceed amount of $120,000 per year, for a total amount of $360,000; (3) authorize the Executive Director or Designee to execute, and the Board Secretary to attest to, the proposed Agreement; and (4) adopt Resolution No.____________.

Cargo & Industrial Real Estate

6. Re: RESOLUTION NO. ____________ - APPROVAL OF MASTER JOINT REVOCABLE PERMIT NO. 14-13 AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, PORT OF LONG BEACH, AND CRIMSON CALIFORNIA PIPELINE, L.P.

Transmittal 1
Transmittal 2 

SUMMARY: Crimson California Pipeline, L.P. (Crimson) will operate and maintain two new pipelines and related appurtenances under Master Joint Revocable Permit (MJRP) No. 14-13. This new MJRP is being proposed for the purpose of consolidating new crossing locations for Crimson's subsurface oil pipelines into a single MJRP that will simplify and consolidate administrative workloads. The proposed MJRP will allow subsurface pipelines to be added or removed through an amendment that would solely require the approval and execution by both Executive Directors of the City of Los Angeles Harbor Department (Harbor Department) and Port of Long Beach (POLB). In addition, the MJRP will revise permit terms and provisions to reflect current standards, historically document operated facilities for future reference, and adjust compensation. Approval of the MJRP will result in substantial time and cost savings associated with the management of the Crimson subsurface pipeline crossings. In addition, the aggregate annual rent of this Crimson MJRP will be $4,000, including an annual Consumer Price Index (CPI) escalator. Crimson is financially responsible for the cost of installation, operation, maintenance, insurance, and removal of the pipelines and relocated appurtenances. 
Recommendation: Board resolve to (1) approve Master Joint Revocable Permit No. 14-13 among the City of Los Angeles Harbor Department, Port of Long Beach and Crimson for the operation and maintenance of existing subsurface pipelines; (2) authorize the Executive Director to execute and the Board Secretary to attest to Master Joint Revocable Permit No.14-13; and (3) adopt Resolution No.____________.

Regular Items (7 - 9)

Engineering

7. Re: RESOLUTION NO. ____________ - APPROVAL OF PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND SASAKI ASSOCIATES, INC. FOR THE ENGINEERING, ARCHITECTURAL, AND LANDSCAPING DESIGN SERVICES FOR THE WILMINGTON WATERFRONT PROMENADE

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The Engineering Division recommends approval of a personal services agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Sasaki Associates, Inc. (Sasaki), Watertown, Massachusetts, to provide professional engineering, architectural, and landscaping design services for the Wilmington Waterfront Promenade project. The Agreement has a contract term of three years, with a not-to-exceed amount of $3,190,000. This Agreement will be the financial responsibility of the Harbor Department. 
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreement is temporary in nature and can be performed more feasibly by an independent contractor rather than by City of Los Angeles (City) employees; (2) approve a personal services agreement with Sasaki for engineering, architectural and landscaping design services for the Wilmington Waterfront Promenade project with a not-to-exceed amount of $3,190,000 and a term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.

 

Executive Office

8. Re: RESOLUTION NO. ____________ - APPROVAL OF THE SELECTION OF THE HARBOR COMMUNITY BENEFIT FOUNDATION’S BOARD OF DIRECTORS CANDIDATE

Transmittal 1

SUMMARY: The Harbor Community Benefit Foundation (HCBF) is a non-profit organization that receives funding from the Port Community Mitigation Trust Fund (PCMTF) from the Los Angeles Harbor Department (Harbor Department) and operates the grant administration process of soliciting, selecting and approving grants from the PCMTF under certain guidelines and subject to Board of Harbor Commissioners (Board) approval. The HCBF bylaws, adopted by the HCBF Board of Directors (HCBF Board) and approved by the Board, require that the appointment of three of the seven HCBF Directors receive concurrence from the Board. The HCBF Director candidates are jointly selected by the TraPac Appellants and the University of Southern California (USC) Keck School of Medicine, the Los Angeles County Department of Public Health (LACDPH), and the University of California, Los Angeles (UCLA) Luskin Center. HCBF is requesting approval from the Board of the selection of Cristin Mondy to its Board of Directors through May 2017 replacing Dr. Silvia Prieto whose two year term has expired. No funding from the Harbor Department is required for this request.

Recommendation: Board resolve to (1) approve the selection by the TraPac Appellants and the Los Angeles County Department of Public Health of Cristin Mondy as Director F of the Harbor Community Benefit Foundation; and (2) adopt Resolution No.____________.

 

*(REVISED) Waterfront & Commercial Real Estate

9. Re: RESOLUTION NO. ____________ - PROPOSED FIRST AMENDMENT TO PERMIT NO. 896 WITH CRAFTED AT THE PORT OF LOS ANGELES

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: Permit No. 896 was granted to Crafted at the Port of Los Angeles (Crafted) for use of City of Los Angeles Harbor Department (Harbor Department) property as a sub-landlord of a visitor-serving arts and crafts public marketplace and tourist attraction with incidental specialty commercial uses including, but not limited to, restaurant and/or food carts, parking, special events, and other ancillary uses. Permit No. 896 became effective December 16, 2011 for a term of 25 years with two five-year options to extend. Due to various market and development issues, a wider range of uses is necessary to attract a more diversified and substantial tenant base. The proposed expansion of uses permitted to operate on the premises are intended to broaden and increase Crafted’s project revenue to offset higher than expected development costs related to the condition and age of the warehouses. An expanded tenant base should also bolster the existing craft marketplace, which has experienced delayed market absorption. Consent for sublease for proposed new uses including a brewery and solar development will be considered by the Board along with a first amendment that will propose revisions to the use, compensation, indemnification and insurance provisions of Permit 896.