Agenda - February 21, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 21, 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
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Dr. 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. APPROVAL OF MINUTES
Minutes of the Regular and Special Meetings of January 17, 2013 for approval.
G. SPECIAL ORDER OF THE DAY
Public Hearing
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
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.13-01) TO RAISE EIGHT CRANES AN ADDITIONAL 26 FEET AT THE WEST BASIN CONTAINER TERMINAL (BERTHS 100-102)
SUMMARY: The West Basin Container Terminal (China Shipping) is proposing to raise eight cranes 26 feet, in order to service larger ships at Berths 100-102. Currently, the cranes are only able to service 9,500 TEU vessels due to the limited height of the cranes. Raising the cranes will allow China Shipping to accommodate up to 12,000 TEU vessels by accessing containers on the top of the stacks on the deck of the vessel. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-01, a Level III, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 13-01; (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, non-appealable Coastal Development Permit No. 13-01 to raise eight cranes 26 feet at Berths 100-102, 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.____________.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (2 - 10)
Business & Trade Development
Transmittal 1
Transmittal 2
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. On March 18, 2010, the Board of Harbor Commissioners (Board) approved Operating Agreement No. 010-2848 with California Cartage Company LLC (California Cartage) at FTZ 202, Site 1A, located at 2401 E. Pacific Coast Highway in Wilmington, California. The original term for this operating agreement began on May 1, 2010 and expired on April 30, 2011, with two, one-year renewal options. The final renewal option was granted last year and is due to expire on April 30, 2013. The Harbor Department received a request from California Cartage to continue FTZ status of Site 1A. The proposed FTZ Operating Agreement (Agreement) will provide a term of one year with two, one-year renewal options.
Recommendation: (1) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and California Cartage Company LLC; (2) direct the Board Secretary to transmit the 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; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the Foreign-Trade Zone Operating Agreement; and (4) adopt Resolution No._____________.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department's (Harbor Department) Asphalt and Concrete Recycling Program provides for the re-use/recycling of construction debris that otherwise would be disposed of at a landfill. The program consists of crushing salvaged concrete and asphalt concrete rubble into crushed miscellaneous base (CMB) for reuse under new asphalt and concrete pavements throughout the harbor. This contract is part of the Harbor Department's sustainable design and construction policies and practices to recycle and reuse materials to protect the environment. This contract will be used to crush the recycled asphalt from the Berth 200 Rail Yard and China Shipping terminal and/or to provide CMB to these as well as many other Harbor Department projects. The Harbor Department published and received five bids for this contract. The lowest responsive bidder is Dan Copp Crushing Corporation, located in Yorba Linda, California. The contract amount is $1,800,000 and the contract duration is 730 calendar days.
Recommendation: Board resolve to (1) 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; (2) award and approve Specification No. 2751 for Item Nos. 1 through 10 of the proposal schedule to Dan Copp Crushing Corporation in the amount of $1,800,000 and authorize payment from the Construction Account. The contract time for performance of the work will be 730 calendar days from the Notice to Proceed; (3) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (4) in accordance with City Charter 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No. ____________.
Contracts & Purchasing
Transmittal 1
SUMMARY: The Contracts and Purchasing Division (CPD) is requesting approval to award an Agreement to Bluecrane, Inc. (Redondo Beach, CA) to assist the City of Los Angeles Harbor Department (Harbor Department) with the implementation and evaluation of a newly developed grants policy and corresponding procedures, and grants organization, governance and portfolio management. The agreement is for a two-year term at an amount not-to-exceed $160,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, the work covered under this Agreement can be performed more economically or feasibly by an independent consultant rather than by City employees; (2) approve the Agreement with Bluecrane, Inc. at an amount not-to-exceed $160,000 for a term of two years; (3) authorize the Executive Director or designee to execute the Agreement and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No. ____________.
5. Re: RESOLUTION NO. _____ - PROPOSED SALE OF VEHICLE TO RETIRED CITY ATTORNEY MR. THOMAS RUSSELL
SUMMARY: In December 2012, Mr. Thomas Russell, General Counsel for the City of Los Angeles Harbor Department (Harbor Department), retired from the City of Los Angeles (City). Mr. Russell has requested to purchase his assigned City vehicle. The Contracts and Purchasing Division is requesting that the Board of Harbor Commissioners approve the sale of a City vehicle to Mr. Russell.
Recommendation: Board resolve to (1) find and determine that the City of Los Angeles vehicle is no longer suitable for use by the City of Los Angeles; (2) find and determine that a private sale of the vehicle to Mr. Thomas Russell is in the best interest of the City of Los Angeles; (3) authorize the Executive Directive or her designee to sell the City of Los Angeles vehicle to Mr. Thomas Russell for $3,418, pursuant to Los Angeles Administrative Code Section 7.71; and (4) adopt Resolution No. ____________.
Engineering
Transmittal 1
SUMMARY: Letter of Agreement No. P00F3170 (LOA) between the City of Los Angeles Harbor Department (Harbor Department) and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for award of LACMTA 2009 Call for Projects Regional Surface Transportation Program (RSTP) grant funds, in the amount of $8,584,000, for the Berth 200 Rail Yard project was approved by the Board of Harbor Commissioners (Board) on December 15, 2011. Amendment No. 1 (Amendment) to the LOA will authorize an additional award of $13,553,994 of Congestion Mitigation and Air Quality (CMAQ) improvement funding through the 2011 LACMTA Call for Projects, for the Berth 200 Rail Yard project.
Recommendation: Board resolve to (1) accept the Los Angeles County Metropolitan Transportation Authority 2011 Call for Projects Award No. F5204, for Congestion Mitigation and Air Quality funding in the amount of $13,553,994 for the Berth 200 Rail Yard project, between the LACMTA and the Harbor Department; (2) authorize the Executive Director to execute and the Board Secretary to attest to Amendment No. 1 to the Letter of Agreement for the Berth 200 Rail Yard project on behalf of the Board; (3) authorize the Executive Director to execute and the
Board Secretary to attest to future amendments to this LOA to account for revised project schedules and reduced project costs, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No. ____________.
Financial Management
7. Re: RESOLUTION NO. ____________ - REQUEST FOR BUDGETARY TRANSFERS
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes a budgetary transfer of $827,000 out of a total of $260,334,281 budgeted in the Unappropriated Balance (UB) to meet anticipated shortfalls in two expense categories. The monies are to be transferred to the Adopted Operating Expense Budget's "Salaries & Benefits" account, and "Materials & Supplies" account, in the amount of $714,000 and $113,000 respectively.
Recommendation: Board resolve to (1) approve the following budgetary transfers to resolve projected shortfalls in the respective operating expense accounts:
a. Transfer $714,000 from the Unappropriated Balance to Salaries & Benefits (Program 000) as follows:
i. $37,000 to Center 424, Account 51010
ii. $54,000 to Center 510, Account 51010
iii. $338,000 to Center 414, Account 51010
iv. $30,000 to Center 510, Account 51110
v. $155,000 to Center 412, Account 51110
vi. $100,000 to Center 640, Account 51720
b. Transfer $113,000 from the Unappropriated Balance to Materials & Supplies (Program 000) as follows:
i. $2,500 to Center 424, Account 55010
ii. $106,000 to Center 510, Account 55010
iii. $1,300 to Center 424, Account 55140
iv. $3,200 to Center 424, Account 55160
(2) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (3) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(d) of the City Charter at the time such transfer is made; and (4) adopt Resolution No. ____________.
Office of the City Attorney
8. Re: RESOLUTION NO. ____________ - APPROVE AND AWARD AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF LOS ANGELES AND BROWN & WINTERS
Transmittal 1
SUMMARY: The Office of the City Attorney seeks the assistance of outside legal counsel to discover policies and to pursue claims against old insurance as a means of recovering the cost of investigating, monitoring and remediating contaminated properties. The effort demands special expertise in the areas of insurance archeology and insurance coverage analysis of environmental claims. Brown & Winters, located in Cardiff By The Sea, California, has been successful in a similar endeavor for the Port of San Diego. The Office of the City Attorney requests the Board of Harbor Commissioners (Board) approve a three-year contingent fee agreement (Agreement) under which Brown & Winters will be compensated in the amount of one-third of funds recovered for the benefit of the City of Los Angeles Harbor Department (Harbor Department).
Recommendation: Board to resolve (1) approve and award the Agreement with Brown & Winders of Cardiff By The Sea, California, for a three-year contingent fee in the amount of one-third of funds recovered; (2) authorize the Executive Director to execute and the Board Secretary to attest the Agreement; and (4) adopt Resolution No.___________.
Public Relations
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into an agreement with American Sail Training Association DBA Tall Ships America® (Tall Ships America®) to host Tall Ships® Festival LA as an official stop on the Tall Ships Challenge® Series in August 2014. This will be the fourth time that the Port of Los Angeles (Port) has been an official stop of the Tall Ships Challenge®, but the first time that the Harbor Department has taken on the hosting role. Previous Tall Ships Challenge® events held at the Port in 2002, 2005 and 2008 were extremely popular, attracting as many as 12 national and international tall ships and 250,000 visitors to the area over a four-day period, directly promoting the Port’s maritime history and traditional vessels. It is anticipated that the Tall Ships® Festival LA 2014 will attract a similar number of visitors to the LA Waterfront. Staff is recommending the Board of Harbor Commissioners (Board) approve the Agreement with Tall Ships America® for a two-year term not-to-exceed $60,150 in order to secure a spot and lock in the desired event dates of August 22-25, 2014; to authorize Tall Ships America® to begin recruiting ship appearances on the Harbor Department's behalf; to authorize the Harbor Department to promote itself as an official host port of the Tall Ships Challenge® 2014; and to facilitate promotion of the event to long-lead travel packagers and agents.
Recommendation: Board resolve to (1) approve the proposed Agreement between the Harbor Department and Tall Ships America® for a two-year term not-to-exceed $60,150; (2) authorize the Executive Director to execute and Board Secretary to attest to the Agreement; and (3) adopt Resolution No. ____________.
Real Estate
Transmittal 1
SUMMARY: Permit No. 692 between the City of Los Angeles Harbor Department (Harbor Department) and Yusen Terminals, Inc. (YTI) grants nonexclusive use of 224.83 acres at Berths 211-224 for container terminal operations. Permit No. 692 has a 25-year term that expires on September 30, 2016, with one ten-year option. The proposed Resolution will initiate the development planning process at the YTI Terminal by commencing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) and performing the necessary preliminary design, cost estimating, and planning work to support this EIS/EIR. The Resolution is a pre-decisional action of the Board of Harbor Commissioners (Board) that is non-binding and reflects the Board's interest in planning the proposed project that will entail deepening of Berths 214-216 and 217-220 to -53 feet and -47 feet berth depth respectively, improving Berths 217-220 to accommodate 100-foot gauge gantry cranes, obtaining additional on-dock rail on YTI's portion for the Terminal Island Container Transfer Facility (TICTF), and other related actions, subject to environmental assessment and issuance of all necessary permits and approvals required by Harbor Department policy and applicable law.
Recommendation: Board resolve to (1) adopt Resolution No. ____________.
REGULAR ITEMS (11 - 14)
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: It is recommended that the Board of Harbor Commissioners (Board) approve an Exclusive Negotiating Agreement (ENA) between the City of Los Angeles Harbor Department (Harbor Department) and LA Waterfront Alliance (Developer), a collaboration between The Ratkovich Company and Jerico Development which is the recommended developer of the Ports O' Call Village (Ports O' Call) development site as the result of the Harbor Department's Request for Qualification (RFQ) process. The term of the ENA is for 240 days with an option for the Executive Director to extend the term up to 120 days for a cumulative total of not more than 360 days. The ENA identifies specific responsibilities and actions for both the Harbor Department and Developer during the term of the ENA, including finalizing the development concept, preparing financial and market analyses and an initial business plan, conducting public outreach, initiating the evaluation of the development concept to determine if further environmental assessment is required and preparing a term sheet to be used in support of further entitlement agreements, including an option agreement and ground lease for the Ports O' Call development site. These agreements would require future Board approval. During the ENA period, the Harbor Department will not negotiate with any other party for the development of Ports O' Call and both parties have the right to terminate the ENA due to failure to perform or if it is determined that the development is infeasible to execute.
Recommendation: Board resolve to (1) approve the Exclusive Negotiating Agreement between the City of Los Angeles and The Ratkovich Company and Jerico Development (collectively the LA Waterfront Alliance), the recommended developer of the Ports O' Call site; (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. ____________.
12. Re: RESOLUTION NO. ____________ - DISTRIBUTION OF DRAFT PORT MASTER PLAN UPDATE
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes to distribute for public review a draft of the updated Port Master Plan (Draft Port Master Plan), publish a Notice of Completion, and schedule a public hearing on the Draft Port Master Plan, as required by the California Coastal Act of 1976 (Coastal Act). The Draft Port Master Plan combines the original 1980 Port Master Plan and its subsequent amendments into an updated and more concise document that reflects recent land use planning and projects, replaces outdated language, and provides an easy to understand specific land use plan.
Recommendation: Board resolve to (1) approve the distribution of the Draft Port Master Plan to interested persons, organizations, and governmental agencies, including the California Coastal Commission and all tenants of the Port of Los Angeles; (2) approve the publication of the Notice of Completion for the subject amendment; (3) hold a public hearing for the Draft Port Master Plan at the Board of Harbor Commissioners' regularly scheduled meeting on Thursday, April 4, at 8:30 a.m. at the Banning's Landing Community Center, 100 East Water Street, Wilmington, California 90744; and (4) adopt Resolution No. _____________.
Construction
13. Re: RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: SUKUT CONSTRUCTION BERTHS 144-145 BACKLAND IMPROVEMENTS SPECIFICATION NO. 2750
SUMMARY: The Berths 144-145 Backland Improvements Project (Project) is part of the phased development of the Berths 136-147 TraPac Container Terminal Improvement Project. The Project will consist of 21 acres of backland improvements, including installation of four rows of infrastructure for automatic stacking cranes infrastructure, grading, paving, storm drain, water and fire protection, rail, fiber optic conduit, electrical and lighting. The lowest responsive and responsible bidder is Sukut Construction located in Santa Ana, California. The contract amount, plus a 10% contingency, is $42,239,494. The contract duration is 330 calendar days. The Project is partially funded under the Proposition 1B, State Trade Corridor Improvement Fund, through the State of California Department of Transportation, in the amount of $12,705,000.
Recommendation: Board resolve to (1) 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; (2) approve proposed Construction Division policy, included in Specification No. 2750, of allowing bidders to provide subcontractor information required by Charter Section 470 (c) (12), at the time of bid or within four business days after the bid opening. If approved, all future construction contracts will include the same policy; (3) award and approve Specification No. 2750 for Item Nos. 1 through 54 of the proposal schedule to Sukut Construction, in the amount of $38,399,540; that a 10% contingency not included in the original contract amount be applied for a total authorization of $42,239,494; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 330 calendar days from the Notice to Proceed; (4) 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; (5) authorize the Executive Director to execute, and the Board Secretary to attest to, this contract for and on behalf of the Board; and (6) adopt Resolution No. ____________.
Executive Offices
14. Re: RESOLUTION NO. ____________ - CHANGE ORDER NO. 4 120 W "C" STREET PORT POLICE CANINE KENNEL CONTRACTOR: GRIFFITH COMPANY 2010-2012 SITE IMPROVEMENTS SPECIFICATION NO. 2705
SUMMARY: Change Order No. 4 to Contract No. 2270 authorizes Griffith Company (Griffith) of Brea, California to complete construction of the 120 W “C” Street Port Police Canine Facility(Canine Facility) as part of the 2010-2012 Site Improvements project for a fixed price of $1,059,486 plus a 10% contingency for a total of $1,165,000. An additional cost of $20,000 for inspection services will also be added to the baseline budget increasing the total cost from $860,000 to $1,992,000. Of this amount $1,300,000 would be grant funded. The additional $692,000 would be funded from the City of Los Angeles Harbor Department (Harbor Department) capital budget. The Harbor Department's Construction and Maintenance Division (C&M) started work on the project in March 2012 with an estimated completion date in May 2012. The project cost, which was initially established based on a modular building, has escalated due to an increase in costs for a non-modular structure, unforeseen costs for methane abatement, and additional site improvements required for construction of the Canine Facility. A total of $807,000 has been expended on this project thus far. A supplemental grant (Round 12) in the amount of $500,000 has been obtained to defer a portion of the additional costs for the Canine Facility for a total grant funding amount of $1,300,000. It is recommended that the work be completed using the Harbor Department’s 2010-2012 Site Improvements contractor, Griffith, in order to expedite construction to ensure that the Port Security Grant Program (PSGP) Round 8 funding is expended by the June 2013 deadline. The total baseline budget for this project would be reset from its original $860,000 to $1,992,000.
Recommendation: Board resolve to (1) authorize the expenditure of additional funds in the amount of $1,132,000 and reset the baseline budget for the project from $860,000 to $1,992,000; (2) find that in accordance with the City Charter Section 1022, work covered under Change Order No. 4 can be performed more feasibly by an independent contractor (Griffith Company) rather than by City employees; (3) approve Change Order No. 4 to the 2010-2012 Site Improvement Contract with Griffith Company for an increase not-to-exceed amount of $1,165,000, and authorize the Executive Director to execute this Change Order; and (4) adopt Resolution No. ________________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) 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. 08-56503
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Boat Works, Inc., et al., United States District Court Case No. CV-02-7986
Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.
Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will endeavor to post the revised agenda on the Port’s web site (http://www.portoflosangeles.org). Updated agendas also will be available in hard copy at the meeting. Live Board meetings can also be heard at: (213) 621-City (Metro), (818) 904-9450 (Valley), (310) 471-City (Westside) and (310) 547-City (Harbor).
As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.
Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission office at (310) 732-3444.
Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.