Los Angeles Board of Harbor Commissioners 
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731

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
Port Efficiency Committee, VP David Arian

F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
 
1. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT FOR FOREIGN-TRADE ZONE DEVELOPER AGREEMENT NO. 2539 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PORT LA DISTRIBUTION CENTER, L.P., AND PORT LA DISTRIBUTION CENTER II, L.P. SITE 14

Transmittal 1
Transmittal 2

SUMMARY: On March 22, 2007, the City of Los Angeles Harbor Department (Harbor Department) entered into FTZ Developer Agreement No. 2539 (Agreement No. 2539) with Port LA Distribution Center L.P., and Port LA Distribution Center II, L.P. (Port LA Distribution) to develop and maintain Foreign-Trade Zone (FTZ) 202, Site 14. The original agreement commenced July 1, 2007, and is set to expire on June 30, 2012. The original term of the agreement is of five years with three, five-year renewal options. The Harbor Department received a request from Port LA Distribution to exercise their first renewal option to extend Agreement No. 2539 at FTZ 202, Site 14 located in San Pedro, California through to June 30, 2017. The new term will be for five years. The Harbor Department and Port LA Distribution Center have agreed to delete and add new sections and language to Agreement No. 2539. All remaining terms and conditions of Agreement No. 2539 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Agreement No. 2539 between the City of Los Angeles Harbor Department, Port LA Distribution Center L.P., and Port LA Distribution Center II, L.P.; (2) direct the Board Secretary to transmit the proposed First Amendment 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 proposed First Amendment to FTZ Developer Agreement No. 2539; and (4) adopt Resolution No. _________.

2. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT FOR FOREIGN-TRADE ZONE DEVELOPER AGREEMENT NO. 2537 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AMB PROPERTY, L.P., SITE 7

Transmittal 1
Transmittal 2

SUMMARY: On August 1, 2007, the City of Los Angeles Harbor Department (Harbor Department) entered into FTZ Developer Agreement No. 2537 (Agreement No. 2537) with AMB Property, LP (AMB) to develop and maintain Foreign-Trade Zone (FTZ) 202, Site 7. The original term of the agreement is five years with three, five-year renewal options. Agreement No. 2537 commenced August 1, 2007 and is set to expire on July 31, 2012. The Harbor Department received a request from AMB to exercise their first renewal option to extend their FTZ Developer Agreement No. 2537 at FTZ 202, Site 7 located in Torrance, California through to July 31, 2017. In addition, AMB has officially merged with Prologis Targeted U.S. Logistics, L.P. (Prologis). This newly merged company, Prologis, will be responsible to manage FTZ 202, Site 7.
Any change made to an original developer agreement between the Harbor Department and developers requires an amendment to the agreement. The proposed First Amendment will approve the name change and extension. Except as amended, all remaining terms and conditions of Agreement No. 2537 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Agreement No. 2537 between the City of Los Angeles Harbor Department and AMB Property, LP; (2) direct the Board Secretary to transmit the proposed First Amendment 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 proposed First Amendment to FTZ Developer Agreement No. 2537; and (4) adopt Resolution No. _________.
  3. Re: RESOLUTION NO. ____________ - PROPOSED FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT NO. 11-2979 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ROBERT HENRY

Transmittal 1

SUMMARY: The existing Agreement No.11-2979 with Robert Henry will expire on June 13, 2012. Under this agreement, Mr. Henry supports both Government Affairs and the Commission Office. His duties include providing specialized training to City of Los Angeles Harbor Department (Harbor Department) staff regarding City procedures and processes; offering guidance to the Board of Harbor Commissioners (Board) on all aspects of their role with the Harbor Department, and facilitating Harbor Commissioner requests for information and services. Mr. Henry also assists the Harbor Commissioners with complying with their Mayoral and Ethics Performance Guideline requirements; assistance with scheduling various meetings and appointments, and handles correspondence to and from the Harbor Commissioners. Mr. Henry, a registered small local business consultant, has provided service to the Harbor Department in this position under two separate contracts.
The Harbor Department believes we are in a position to transition this function over to a regular City personnel position and request Mr. Henry’s services be available in facilitating this transition. The amendment for additional time and funding provides uninterrupted service to the Harbor Department while a new civil service employee is identified and trained. The amendment will add eighteen months to the term of the agreement for a total of two and one half years and will add $188,600 to the authorization for a total agreement amount of $367,600.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, the City does not employ personnel with the required expertise nor is it feasible to do so on a temporary or occasional basis; (2) approve the first amendment to Agreement No. 11-2979 with Robert Henry for consulting services in the amount not-to-exceed $188,600 for a period of eighteen months, and for an agreement total not-to-exceed $368,600; (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. ____________.

4. Re: RESOLUTION NO. ____________ - TRAVEL FOR COMMISSIONER KRAMER TO PANAMA FOR THE MARITIME WEEK AMERICAS 2012 CONFERENCE

Recommendation: Adoption of Resolution approving travel for Commissioner Robin Kramer to Panama City, Panama from May 21-25, 2012. 5. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: DYNALECTRIC BERTHS 302-305 ALTERNATIVE MARITIME POWER (AMP) SPECIFICATION NO. 2738

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: This contract is for the construction of the Berths 302-305 Alternative Maritime Power (AMP) project. This work will provide AMP vaults and outlets at Berths 302 through 305, and provide power for four new container cranes. The lowest responsive and responsible bidder is KDC Inc., dba Dynalectric (Dynalectric), located in Los Alamitos, CA. The contract amount plus a 10% contingency is $33,856,281, and the contract duration is 600 calendar days.
Recommendation: Board resolve to (1) find that, in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, this contract for, and on behalf of, the Board; (3) award the above mentioned contract for Item Nos. 1 through 18 of the proposal schedule to Dynalectric in the amount of $30,778,438; that a 10% contingency not included in the original contract amount be applied for a total authorization of $33,856,281; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 600 calendar days from the Notice to Proceed; (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. ____________.
  6. Re: RESOLUTION NO. ____________ - RENEWAL OF ANNUAL PROCUREMENT CONTRACTS FOR MATERIALS, SUPPLIES AND SERVICES

Transmittal 1

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) executes annual procurement contracts to purchase business required materials, supplies and services to support Harbor Department operations. These annual procurement contracts are generally awarded for one year, plus two one-year renewal options. Execution of the renewal options extends the contracts past one-year; therefore, Board of Harbor Commissioners (Board) approval is required. To minimize staff impact, these small dollar contracts were bundled into one annual Board action requesting authorization for the Executive Director to execute the renewal options.
In Fiscal Year (FY) 2011/2012, the Executive Director, as authorized by Article 1, Section 10.1.1 (a) of the Los Angeles Administrative Code, executed fifty-three new annual procurement contracts with two, one-year renewal options. Board approval is required to authorize the Executive Director to exercise the renewal option(s) inasmuch as the total contract term will exceed one year. Recognizing that Board approval is required, the Contracts and Purchasing Division (CPD) is requesting authority to authorize the Executive Director to renew the fifty-three annual procurement contracts executed during FY 2011/2012 at an aggregate amount of $1,980,723.
Recommendation: Board resolve to (1) find that the fifty-three annual procurement contracts listed in Transmittal 1 adhered to City of Los Angeles competitive selection process; (2) authorize the Executive Director or designee, at his/her discretion, to execute the renewal options for the annual procurement contracts listed in Transmittal 1, contingent upon funding availability to pay for the materials, supplies, and/or services; (3) authorize the Executive Director or designee, at his/her discretion, to make technical changes to the annual procurement contracts listed in Transmittal 1, and increase the compensation authority to an amount not-to-exceed $150,000 per year/contract; and (4) adopt Resolution No. ____________. 7. Re: RESOLUTION NO. ____________ - APPROVAL TO SUBMIT APPLICATIONS FOR FUNDING TO THE NATIONAL DIESEL EMISSION REDUCTION PROGRAM

SUMMARY: The Diesel Emissions Reduction Program (DERA) was created under the Energy Policy Act of 2005 (EP05). DERA gives the United States Environmental Protection Agency (EPA) new grant and loan authority for promoting diesel emission reductions and authorizing appropriations. In December 2011, DERA grants were reauthorized for fiscal year (FY) 2012 through FY 2016 and $29.9 million has been appropriated for FY2012. Proposals from regional, state, local, tribal, or port agencies requesting funding between $1,400,000 and $2,700,000 will be considered. The City of Los Angeles Harbor Department (Harbor Department) intends to submit applications for funding for various tenant projects. Applications are due June 4, 2012, with award notification expected to begin in July 2012. Under the program’s requirements, there is a September 30, 2014 deadline to: (1) complete projects that have been selected for funding; and (2) expend funds awarded to selected projects. The Harbor Department is seeking the ability to apply for and accept EP05 DERA funding.
Recommendation: Board resolve to (1) authorize and direct the Executive Director to apply for funding from the 2012 Diesel Emission Reduction Act Assistance Program for the City of Los Angeles Harbor Department tenant projects; (2) authorize and direct the Executive Director to negotiate and return to the Board for approval the Diesel Emission Reduction Act funding assistance agreements with the United States Environmental Protection Agency for Diesel Emission Reduction Act monies awarded to the City of Los Angeles Harbor Department; consistent with the provisions of this Board Letter and the United States Environmental Protection Agency Diesel Emission Reduction Act Request for Proposals, subject to approval of the City Attorney as to form; (3) authorize and direct the Executive Director to negotiate and return to the Board for approval agreements with the City of Los Angeles Harbor Department tenants regarding tenant projects awarded Diesel Emission Reduction Act funds, with no cost to the Harbor Department, consistent with the provisions of this Board Letter and the United States Environmental Protection Agency Diesel Emission Reduction Act Request for Proposals, subject to approval of the City Attorney as to form; and (4) adopt Resolution No. _______________. 8. Re: RESOLUTION NO. ____________ - APPOINTING CHIEF ACCOUNTING EMPLOYEE, ANITA GREGORIO
Recommendation: Adopt Resolution No. ____________.
  9. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. E6585 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND EMPATHIA PACIFIC, INC.

Transmittal 1
Transmittal 2

SUMMARY: The Human Resources Division requests approval of the First Amendment to Agreement No. E6585 with Empathia Pacific, Inc. (Empathia), located in Westlake Village, California, to provide Employee Assistance Program (EAP) services to City of Los Angeles Harbor Department (Harbor Department) employees. On June 2, 2011, Agreement No. E6585 was approved as a one-year Executive Director agreement in the amount of $40,000. The proposed First Amendment would extend the term of the agreement, which expires on June 1, 2012, one year with a new expiration date on June 1, 2013. The proposed First Amendment would also increase the total agreement amount by $40,000, for a new total not-to-exceed $80,000. The recommendation to select Empathia Pacific, Inc. is based on the Request for Proposals (RFP) performed by the Harbor Department in 2011.
Recommendation: Board resolve to find that in accordance with the City Charter Section 1022, the City does not employ personnel with the required expertise nor is it feasible to do so on a temporary or occasional basis; (2) approve the First Amendment to Agreement No. E6585 with Empathia Pacific, Inc. for employee assistance program services to increase the total agreement amount by $40,000 from $40,000 to $80,000 and extend the agreement term an additional year for a total term of two years; (3) authorize the Executive Director to execute the proposed First Amendment for and on behalf of the Board; and (4) adopt Resolution No. ___________.
  10. Re: ORDER NO. ____________ - ESTABLISHING LICENSING FEE SCHEDULE FOR COMMERCIAL USE OF LOS ANGELES HARBOR DEPARTMENT PHOTOGRAPHS

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) requests that the Board of Harbor Commissioners (Board) approve an Order approving the form of Licensing Agreement and establishing the license fee schedule for licensing fees for commercial use of Harbor Department photographs, to be submitted to City Council for approval by ordinance under Charter Sections 606 and 653(a).
Recommendation: Board resolve to (1) direct the Board Secretary to send a revised transmittal letter to City Council with regard to processing Council File No. 12-0633, to request that City Council disapprove said matter in order to permit the Harbor Department to make technical and administrative corrections; (2) adopt Order No. 12-________ approving the form of Licensing Agreement previously approved under Resolution No. 12-7268 and establishing the Licensing Fee Schedule for commercial use of Harbor Department photographs; (3) direct the Board Secretary to transmit to City Council, a consolidated package that includes (i) Order No. 12-________ and proposed Ordinance for approval pursuant to City Charter Sections 606 and 653(a), and (ii) the form template Licensing Agreement 12-3050 previously approved by the Board on March 1, 2012, for approval pursuant to City Charter Section 606, and (iii) a request that City Council authorize the Executive Director or his/her designee, to execute the Licensing Agreement with individual licensees in accordance with the Ordinance; and (4) direct the Board Secretary, following City Council approval of this Order by Ordinance, to execute and transmit the Order and Ordinance to Harbor Department staff to post the Licensing Fee Schedule on the Port’s website.
  11. Re: RESOLUTION NO. ________ - APPROVING FIFTH AMENDMENT TO AGREEMENT NO. 2441 BETWEEN THE CITY OF ANGELES AND CASTELLON AND FUNDERBURK LLP FOR LEGAL SERVICES

Transmittal 1

SUMMARY: The City Attorney requests approval of a Fifth Amendment to Agreement No. 2441 (Agreement No. 2441) for legal services between the City of Los Angeles and Castellon & Funderburk LLP. The Amendment extends the contract by eighteen months to a total of eight and one-half years, with no additional appropriation. Castellon and Funderburk was retained to provide legal services and this extension is made necessary by the fact that a trial date has still not been set in the case of City v. Kinder Morgan Liquids Terminals LLC, a case that was filed in 2005 over remediation of the former marine terminal at Berths 171-173.
Recommendation: Board resolve to (1) approve the Fifth Amendment to Agreement No. 2441 with Castellon & Funderburk LLP in the form attached as Transmittal 1; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Fifth Amendment to Agreement No. 2441; (3) authorize and direct the Board Secretary to forward the Fifth Amendment to Agreement No. 2441 to the City Council for its approval pursuant to Section 373 of the City Charter and Los Angeles Administration Code section 10.5 (a); (4) adopt Resolution No. ____________.
  12. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 12-04) TO CONOCOPHILLIPS COMPANY FOR THE REMOVAL OF AN INACTIVE PIPELINE

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department has requested ConocoPhillips Company (ConocoPhillips) to remove an inactive pipeline located within the Phase III China Shipping Terminal Expansion Project area. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 12-04, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) 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; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No. 12-04; consistent with the project description listed on Application for Discretionary Project No. 120405-037; and (3) adopt Resolution No. ____________.
  13. Re: RESOLUTION NO. ____________ - FINAL ENVIRONMENTAL IMPACT REPORT FOR THE USS IOWA PROJECT (LAHD ADP NO. 110321-038; SCH NO. 2011081097)

SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) certify the Final Environmental Impact Report (EIR) for the USS Iowa Project (Project) in accordance with the California Environmental Quality Act (CEQA), and approve the Project. The Project includes the transport of the USS Iowa from the San Francisco Bay to the Port of Los Angeles (Port) and year-round mooring of the battleship at Berth 87 in the North Harbor area of the Port. Phase 1 includes the use of an existing parking lot and placement of temporary structures for operations and maintenance. Phase 2 includes the removal of all temporary structures to be replaced by a permanent Visitors Center when funding is available. Phase 2 is anticipated to occur within six to eight years after the completion of Phase 1.
In approving the Project, the Board will need to make specific Findings of Fact (FOF) regarding the significant environmental impacts of the Project and mitigation measures to reduce or avoid such impacts, adopt a Statement of Overriding Considerations (SOC) and adopt a Mitigation Monitoring and Reporting Program (MMRP) to track mitigation. The Project would result in significant impacts related to air quality, greenhouse gases (GHGs), traffic and circulation, and cumulative impacts. Even with implementation of mitigation measures, lease measures, and standard conditions of approval, temporary significant and unavoidable air quality impacts will remain during transport of the USS Iowa from San Francisco Bay to Berth 87.
The Project is anticipated to result in the addition of 30-40 construction jobs over a period of six to nine months and up to 22 permanent jobs for ongoing operations and maintenance.
Recommendation: Board resolve to (1) certify that the Final Environmental Impact Report for the Project (a) has been completed in compliance with the California Environmental Quality Act, with the State California Environmental Quality Act Guidelines, and the Los Angeles City California Environmental Quality Act Guidelines; (b) was presented to the Board of Harbor Commissioners for review, and the Board considered the information contained in the Final Environmental Impact Report prior to approving the Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department, and that all required procedures have been completed; (2) find that, in accordance with the information contained in the Final Environmental Impact Report, the Project will have significant environmental effects on Air Quality, Greenhouse Gases, Traffic and Circulation, and Cumulative Impacts, as defined by Public Resources Code sections 21068, 21080, 21082.2, and 21083 and the State of California Environment Quality Act Guidelines, Sections 15064, 15064.4, 15064.5, and 15382; (3) find that, in accordance with the provisions of the State of California Environment Quality Act Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project, which substantially lessen or avoid the significant adverse environmental impacts identified in the Final Environmental Impact Report; (4) find that, in accordance with the provisions of the State of California Environment Quality Act Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, make infeasible certain mitigation measures and project alternatives identified in the Final Environmental Impact Report. Impacts to Air Quality (during transport only) remain significant and unavoidable even after all feasible mitigation is adopted; (5) find that all information added to the Final Environmental Impact Report after public notice of the availability of the Draft Environmental Impact Report for public review but before certification merely clarifies, amplifies, or makes insignificant modifications in an adequate Environmental Impact Report and recirculation is not necessary; (6) find that, in accordance with Public Resources Code Section 21081(b) and State of California Environment Quality Act Guidelines Section 15093, the benefits of the Project outweigh the significant and unavoidable environmental impacts of the Project, and adopt the Findings of Fact and Statement of Overriding Considerations; (7) adopt the Mitigation Monitoring and Reporting Program transmitted herewith as required by Public Resources Code, Section 21081.6. The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, pursuant to the responsibilities of the Los Angeles Harbor Department, as lead agency, to monitor and verify Project compliance with those mitigation measures and conditions of the Project approval; (8) approve the Project identified in the Environmental Impact Report including all feasible mitigation measures, with consideration of the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; (9) direct the Real Estate Division to incorporate by reference the EIR, mitigation measures and Mitigation Monitoring and Reporting Program into any and all lease agreements or assignments encompassed in the approved Project; (10) authorize the Environmental Management Division to file the Notice of Determination for the Project with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; and (11) adopt Resolution No. _______________. 14. Re: RESOLUTION NO. ____________ PROPOSED PERMIT WITH PACIFIC BATTLESHIP CENTER, INC. FOR PREMISES IN SAN PEDRO, AT BERTHS 87-89, FOR THE USS IOWA

Transmittal 1
Transmittal 2

SUMMARY: The proposed Permit between the City of Los Angeles Harbor Department (Harbor Department) and Pacific Battleship Center, Inc. (PBC) will allow for the berthing of the historic battleship, USS Iowa (Iowa), at Berths 87-89 along the San Pedro waterfront. The vessel will serve as a military museum, military educational center, visitor attraction and special event venue. The Iowa, viewed as a potential significant contributor to the numerous attractions and activities currently in development to bring more visitors to the emerging, world-class LA Waterfront at the Port of Los Angeles (Port), also has the added benefit of supporting the downtown business district of San Pedro.
The proposed Permit is for a term of ten years, with two renewable five-year options, for use of approximately 4.43 acres of Harbor Department property (Premises) for the berthing of the vessel and landside operations. Proposed compensation is based on PBC paying the higher of two forms of compensation for the use of the Premises: (1) a fixed minimum compensation, or (2) a percentage compensation based on monthly gross receipts collected. Pursuant to the terms of the proposed Permit, the Harbor Department retains the exclusive right to relocate the Iowa to another suitable location in the Port should annual paid attendance at the Iowa fall below 100,000 visitors. This relocation option will allow for optimal revenue generation and use of prime waterfront property along the LA Waterfront.
Recommendation: Board resolve to (1) approve in substantial form the proposed Permit with the Pacific Battleship Center, Inc. and authorize the Executive Director to finalize; (2) approve Courtesy of the Port privileges to Pacific Battleship Center, Inc. pursuant to Tariff No. 4, which includes, pilotage, dockage, and use of wharf premises at Berths 51-53 for temporary layberthing purposes until such time as the Iowa is towed to Berths 87-89; (3) direct the Board Secretary to transmit the Permit to the City Council for approval pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Permit upon Board approval contingent upon approval by the City Council; and (5) adopt the foregoing as Resolution No. ____________. 15. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: REYES CONSTRUCTION, INC. BERTH 100 WHARF SOUTH EXTENSION AND BACKLAND DEVELOPMENT SPECIFICATION NO. 2626

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The Berth 100 Wharf South Extension and Backland Development project will provide approximately 375 feet of additional berthing facility and an additional 18 acres of adjacent backland at the China Shipping terminal. The lowest responsive and responsible bidder is Reyes Construction, Inc. located in Pomona, CA 91766. The contract amount including a 5% contingency is for a total of $33,719,186. The contract time is 480 calendar days.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (3) award the above mentioned contract for Item Nos. 1 through 62 of the proposal schedule to Reyes Construction, Inc in the amount of $32,113,510; that a 5% contingency, not included in the original contract amount be applied for a total authorization of $33,719,186; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 480 calendar days from the Notice to Proceed; (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. ____________. 16. Re: RESOLUTION NO. ____________ – APPROVAL OF GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF ENERGY’S OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY’S WIND AND WATER POWER PROGRAM FOR THE PORT OF LOS ANGELES OFFSHORE WIND POWER INSTALLATION

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

SUMMARY: The United States (US) Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) issued a Financial Assistance Funding Opportunity Announcement (FOA) for “US Offshore Wind: Advanced Technology Demonstration Projects” worth $180 million. Applying for funding under this FOA would allow the City of Los Angeles Harbor Department (Harbor Department) to obtain both financial and technical assistance from the DOE to install wind power at the Port of Los Angeles (Port). In order to be eligible to submit an Application to compete for an award under this FOA the Harbor Department had to submit a Pre-Application, which included a Concept Paper and Letter of Intent, by the Pre-Application deadline of March 30, 2012. In the Pre-Application the Harbor Department proposed the “Port of Los Angeles Offshore Wind Power Installation” project (Project) for installation of two or three wind turbines with a capacity of 3-5 MW each for a total maximum power output of 9-15 MW in or near the Port. The power generated by the wind turbines will be transmitted to the Port to reduce greenhouse gas emissions.
The estimated project cost is $31 million; $17 million would be reimbursed by the grant (if selected) and the $14 million balance would be paid by the Harbor Department.
Recommendation: Board resolve to (1) authorize and direct the Executive Director to apply to the United States Department of Energy for an award of up to $17 million under the “Offshore Wind: Advanced Technology Demonstration Projects” Funding Opportunity Announcement to fund the Port of Los Angeles Wind Power Installation; (2) authorize and direct the Executive Director to negotiate and return to the Board for consideration of any grant agreement (awards) with the United States Department of Energy; and (3) adopt Resolution No.
  17. Re: RESOLUTION NO. ____________ - APPROVAL OF PERSONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC., FOR AS-NEEDED BIOLOGICAL MITIGATION CREDIT NEGOTIATIONS SUPPORT SERVICES

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

SUMMARY: The Environmental Management Division (EMD) recommends approval of an agreement with Weston Solutions, Inc. (Weston) (Agreement) located in Carlsbad, California to provide as-needed environmental services to assist the City of Los Angeles (City) Harbor Department (Harbor Department) in high level negotiations and habitat evaluations to obtain biological mitigation credits (mitigation credits) under the U.S. Army Corps of Engineers/Environmental Protection Agency 2008 Mitigation Rule (2008 Mitigation Rule). Examples of these services include assisting in identifying wetland restoration projects and other strategies to fulfill the Harbor Department mitigation needs; providing expert guidance on negotiating mitigation credits under the 2008 Mitigation Rule; and providing expert knowledge of coastal Southern California habitats, including those in the Los Angeles Harbor. The Agreement is for a term of three years for a total amount not-to-exceed $350,000. 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 independent consultants, rather than by City employees; (2) approve the personal services Agreement with Weston Solutions, Inc. for a term of three years for a total amount not-to-exceed $350,000; (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. __________.

18. Re: RESOLUTION NO. ____________ - APPROVAL OF FUNDING AGREEMENT BETWEEN CITY OF LOS ANGELES HARBOR DEPARTMENT AND TRAPAC, INC. TO FUND A MOBILE EMISSIONS TREATMENT BARGE UNIT PROJECT

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) approve and enter into a Funding Agreement with TraPac, Inc. (TraPac) located in Oakland, California for the Mobile Emissions Treatment Barge Demonstration Project (Project) in the amount of $1,500,000 (Agreement). The Project would demonstrate a barge mounted emission control system, developed by Clean Air Engineering (CAE) which is designed to reduce ocean going vessel at-berth auxiliary engine emissions. It is anticipated that the overall emissions reduction will be at least 81% for diesel particulate matter (DPM), sulfur oxides (SOx), and oxides of nitrogen (NOx).
Recommendation: Board resolve to (1) approve the Funding Agreement for the Mobile Emissions Treatment Barge Demonstration Project between the City of Los Angeles Harbor Department and TraPac, Inc., substantially as to form; (2) authorize the Executive Director to execute and the Board Secretary to attest to the said Agreement with TraPac, Inc., in a not-to-exceed amount of $1,500,000; and (3) adopt Resolution No. _________.
  19. Re: RESOLUTION NO. ____________ - APPROVE HARBOR COMMUNITY BENEFIT FOUNDATION’S REQUESTED NOISE ASSESSMENT, PHASE 1 OF TRAPAC MOU EXHIBIT A, PROJECT A AND THE TRANSFER OF FUNDS TO THE HARBOR COMMUNITY BENEFIT FOUNDATION

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The Harbor Community Benefit Foundation (HCBF) hereby requests that the Board of Harbor Commissioners (Board) approve its use of the Port Community Mitigation Trust Fund (PCMTF) to perform a noise assessment as Phase 1 of TraPac Memorandum of Understanding (TraPac MOU) Exhibit A, Project A, installation of sound dampening double pane windows, and to direct the California Community Foundation (CCF) to release a single disbursement of $185,000 from the PCMTF for this project.
Staff has reviewed the proposal submitted by the HCBF and recommends approval in accordance with the Operating Agreement of the TraPac MOU.
Recommendation: Board resolve to (1) approve Harbor Community Benefit Foundation’s request to use the Port Community Mitigation Trust Fund to perform a noise assessment as Phase 1 of TraPac MOU Exhibit A, Project A, installation of sound dampening double pane windows; (2) authorize the Executive Director or her designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $185,000 from the California Community Foundation to the Harbor Community Benefit Foundation to be used in accordance with Harbor Community Benefit Foundation’s request; and (3) adopt Resolution No. ___________.

20. Re: RESOLUTION NO. ____________ - APPROVE HARBOR COMMUNITY BENEFIT FOUNDATION’S REQUESTED OFF-PORT IMPACT ON LAND USE STUDY PROJECT AND THE TRANSFER OF FUNDS TO THE HARBOR COMMUNITY BENEFIT FOUNDATION

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The Harbor Community Benefit Foundation (HCBF) hereby requests that the Board of Harbor Commissioners (Board) approve its use of the Port Community Mitigation Trust Fund (PCMTF) to perform a study of off-port impacts on land use in accordance with Section VI.A of the TraPac Memorandum of Understanding (TraPac MOU) and to direct the California Community Foundation (CCF) to release a single disbursement of $300,000 from the PCMTF for this study.
Staff has reviewed the proposal submitted by the HCBF and recommends approval in accordance with the Operating Agreement of the TraPac MOU.
Recommendation: Board resolve to (1) approve Harbor Community Benefit Foundation’s request to use Port Community Mitigation Trust Fund to perform a study of off-port impacts on land use in accordance with its request; (2) authorize the Executive Director or her designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $300,000 from the California Community Foundation to the Harbor Community Benefit Foundation to be used in accordance with the Harbor Community Benefit Foundation’s request; (3) instruct the Executive Director or her designee to report in writing on the scope of this study, and provide periodic updates on the study progress, to the Trade, Commerce and tourism Committee of the Los Angeles City Council in accordance with Section VI.A of the TraPac Memorandum of Understanding; and (3) adopt Resolution No._____________.

G. 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. 08-56503

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
City of Los Angeles v. Kinder Morgan, Inc., et al., Los Angeles Superior Court Case No. NC041463

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Crimson Pipeline Management, Inc., et al. v. Herzog Contracting Corp., City of Los Angeles, et al., United States District Court Case No. CV12-03653 RSWL (RZx)​

 

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BOARD MEETINGS

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