Regular Agenda - July 25, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JULY 25, 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 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.
CONVENE IN MEMORY OF LILLIAN KAWASAKI
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
G. PRESENTATIONS
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 4)
Construction
1. Re: RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: TETRA TECH CONSTRUCTION, INC. - FIBER OPTIC NETWORK – PHASE 2 SPECIFICATION NO. 2748
SUMMARY: This contract is for the construction of an addition to the fiber optic network that spans throughout the Port of Los Angeles (Port) to provide a robust data transfer system, which will provide essential interconnectivity for security information between the Los Angeles Port Police Building and other locations within the Port. The lowest responsive and responsible bidder is Tetra Tech Construction, Inc., located in Pasadena, California. The contract amount of $5,915,832, plus an approximate 10% contingency, is $6,507,416. The contract duration is 180 calendar days. This project is federally funded under the Round 9 Port Security Grant Program, up to $4,000,000.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) award and approve Specification No. 2748 for Item Nos. 1 through 22 of the proposal schedule to Tetra Tech Construction, Inc., in the amount of $5,915,832; that a 10% contingency, not included in the original contract amount, be applied for a total authorization of $6,507,416; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 180 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 Section 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.____________.
Construction & Maintenance
2. Re RESOLUTION NO. ____________ - PROPOSED SALE OF MARINE VESSEL TUNA TO CALIFORNIA MARITIME ACADEMY, A CAMPUS OF THE CALIFORNIA STATE UNIVERSITY
Transmittal 1
SUMMARY: In 2003, the California Department of Fish & Game sold the marine vessel Tuna to the City of Los Angeles Harbor Department (Harbor Department) for $1.00. From 2003 to 2012, the Tuna was used by Port Police for dive operations and day-to-day patrol. Due to its age and on-going maintenance costs, the Tuna was retired from Port Police operations in 2012 with the intention of salvaging the vessel. Subsequent to the vessel being taken out of service the California Maritime Academy requested the vessel for use as a training platform. It is requested that the Board of Harbor Commissioners (Board) approve the sale of the Tuna for $1.00 to California Maritime Academy, a campus of the California State University.
Recommendation: Board resolve to (1) find and determine that the marine vessel Tuna, United States Coast Guard Documentation No. 940144, is no longer suitable for use by the Harbor Department; (2) find and determine that a private sale of the marine vessel to the California Maritime Academy, a campus of the California State University, is in the best interest of the Harbor Department; (3) find and determine that selling the marine vessel Tuna to the California Maritime Academy for $1.00 is in the best interest of the Harbor Department; and (4) authorize the Executive Director or her designee to effectuate the sale the marine vessel Tuna pursuant to the Los Angeles Administrative Code Section 7.71; and (5) adopt Resolution No.____________.
Planning & Economic Development
3. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 13-07) TO PHILLIPS 66 COMPANY FOR THE REMOVAL AND ABANDONMENT OF AN INACTIVE UNDERGROUND PIPELINE
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department has requested Phillips 66 Company (Phillips 66) to remove an inactive pipeline located within the footprint of the Front Street Beautification Project area. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-07, 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. 13-07; consistent with the project description listed on Application for Discretionary Project No. 130419-067; and (3) adopt Resolution No.____________.
Public Relations
4. Re: RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO AGREEMENT NO. 10-2890 WITH THE LOS ANGELES MARITIME INSTITUTE
Transmittal 1
SUMMARY: The Los Angeles Maritime Institute (LAMI) operates the TopSail Youth Sail Training Program (TopSail), which is part of the City-wide network of programs for at-risk youths at 37 schools in the City of Los Angeles. The educational program exposes middle school children to the rigors and discipline of sailing tall ships and at the same time teaches team work, responsibility and leadership skills. The City of Los Angeles Harbor Department (Harbor Department) is in the final year of a three-year agreement with LAMI which provides funding for TopSail. During FY 2013/14 the Public Relations Division will be implementing a new sponsorship program that will be put in place for FY 2014/15. The proposed amendment will provide an additional $175,000 to the current agreement which expires in October 2013. A subsequent agreement will be prepared to provide the balance of funding for FY 2013/14. This new agreement will align their funding to the new sponsorship program’s funding cycle. Amending the existing agreement is the most expeditious method of providing needed funding to the agency.
Recommendation: Board resolve to (1) find that the proposed amendment is in the best interest of the Harbor Department in that it will ensure that the TopSail program continues its maritime education program uninterrupted during its peak months; (2) approve and authorize the Executive Director to execute and the Board Secretary to attest to the first amendment to agreement 10-2890 with the Los Angeles Maritime Institute, to increase the final year compensation by $175,000 for a total not-to-exceed amount of $1,225,000; and (3) adopt Resolution No.____________.
REGULAR ITEMS (5 - 11)
Clean Truck Program
5. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT TO DRAYAGE SERVICES CONCESSION AGREEMENTS
Transmittal 1
SUMMARY: On June 19, 2008, the Board of Harbor Commissioners (Board) approved the Clean Truck Program (CTP) “Drayage Services Concession Agreement†(Concession Agreement), which contains terms and conditions that must be met by a licensed motor carrier (LMC) in order to provide drayage services at Port of Los Angeles (Port) terminals. The City of Los Angeles Harbor Department (Harbor Department) has entered into approximately 1,000 Concession Agreements with LMCs since the October 1, 2008 inception of the CTP. All Concession Agreements will expire September 30, 2013. The proposed action is to approve the template form of the first amendment to the Concession Agreement, to extend the term for one year, at no cost to the LMCs, and to authorize the Executive Director to execute individual amendments with the concessionaires on the approved form. The new term will expire on September 30, 2014.
Recommendation: Board resolve to (1) approve the template form of the First Amendment to the Drayage Services Concession Agreement to extend the term for one year; (2) authorize the Executive Director to execute the First Amendment to the Drayage Services Concession Agreement with individual licensed motor carriers, in the form set forth in Transmittal 1, and authorize the Board Secretary to attest to said amendments, for and on behalf of the Board; and (3) adopt Resolution No.____________.
6. Re: TEMPORARY ORDER NO. ____________ - AND PERMANENT ORDER NO. ____________ - AMENDING PORT OF LOS ANGELES TARIFF NO. 4, SECTION TWO – ITEM 220 PENALTIES FOR VIOLATION AND SECTION TWENTY – ITEM 2040 CONCESSIONS AND TEMPORARY ACCESS PERMITS AND ITEM 2090 REMEDIES FOR VIOLATION OF CLEAN AIR ACTION PLAN PROVISIONS
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: Staff requests that the Board of Harbor Commissioners (Board) approve amendments to Items 220, 2040 and 2090 of the Port of Los Angeles (POLA) Tariff No. 4 (Tariff) to clarify that Item 220 criminal penalties do not apply to violations of Tariff Section 20, Clean Air Action Plan (CAAP). This is not a change in enforcement, as existing terminal operator permits and licensed motor carrier concession agreements already provide contractual remedies for tariff violations. However, these amendments are necessary in order to provide the public with express clarification within the Tariff itself, of the remedies scheme applicable to the CAAP.
Recommendation: Board resolve to (1) approve the amendments to modify Items 220 and 2040 and to add a new Item 2090 in the Port of Los Angeles Tariff No. 4, subject to California Association of Port Authorities (CAPA) review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedure (Transmittal 1); (2) adopt a Temporary Order and a Permanent Order to amend Items 220 and 2040 and to add a new Item 2090 in the Port of Los Angeles Tariff No. 4 (Transmittals 2 and 3); (3) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board of Harbor Commissioners and transmit the Temporary Order to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission; (4) direct the Board Secretary to transmit to the City Council for approval of the Permanent Order (Transmittal 3) and Ordinance (Transmittal 4) approving and authorizing the amendments to the Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); and (5) authorize the Board Secretary to execute the Temporary Order, Permanent Order and Ordinance amending the Port of Los Angeles Tariff No. 4, and upon its publication, transmit the Order and Ordinance to the Chief Wharfinger for implementation of the tariff change and posting the amended Port of Los Angeles Tariff No. 4 to the City of Los Angeles Harbor Department’s website as regulated by the Federal Maritime Commission.
Construction
7. Re: RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: THE JOINT VENTURE OF HERZOG CONTRACTING CORP. AND HERZOG TECHNOLOGIES INC. (HCC/HTI) BERTH 200 RAIL YARD TRACK CONNECTIONS PROJECT SPECIFICATION NO. 2745
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Berth 200 Rail Yard Track Connections project (Project) will provide the railroad track tie-in connections on the east and west ends of the Berth 200 Rail Yard project currently in construction. The lowest responsive and responsible bidder is The Joint Venture of Herzog Contracting Corp. and Herzog Technologies, Inc (HCC/HTI) (CA license No. 976620), located at 600 S. Riverside Road, St Joseph, MO. 64507. The contract amount plus a 10% contingency is $20,141,303, and the contract duration is 365 calendar days. The Project is partially funded under the State Bond Trade Corridor Improvement Fund (TCIF) through the State of California Department of Transportation in the amount of $10,512,000.
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) award and approve Specification No. 2745 for Item Nos. 1 through 37 of the proposal schedule to (HCC/HTI) in the amount of $18,310,275; that a 10% contingency, not included in the original contract amount be applied for a total authorization of $20,141,303; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 365 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.____________.
Debt & Treasury
8. Re: RESOLUTION NO. ____________ - APPROVE AND ADOPT THE UPDATED FINANCIAL POLICIES OF THE CITY OF LOS ANGELES HARBOR DEPARTMENT
Transmittal 1
Transmittal 2
SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) approve and adopt the proposed updated Financial Policies of the City of Los Angeles Harbor Department (Harbor Department). These policies, consisting of Fiscal (Budgetary, Revenues, and Expense Policies), Leasing, Capital Improvement Plan Funding, Financial Reserve, Risk Management, Disclosure, and Debt Management Policies, codify and reinforce the Harbor Department's continuing practice of fiscal responsibility. There are two proposed updates to the policies: establishing a Disclosure Policy and specifying how to set the total reserve target for the Financial Reserve policy. The approval and adoption of the financial policies will comply with the Los Angeles City Council motion, Council File No. 04-1822-S3, in which the Harbor Department is urged to implement certain financial policies that more closely align with those of the City of Los Angeles' Financial Policies as adopted by the City Council and approved by the Mayor.
Recommendation: Board resolve to (1) approve and adopt the Harbor Department's Financial Policies as outlined in this report for the following: Fiscal (Budgetary, Revenues, and Expense Policies), Leasing, Capital Improvement Plan Funding, Financial Reserve, Risk Management, Disclosure, and Debt Management Policies; and (2) adopt Resolution No.____________.
Office of the City Attorney
9. Re: RESOLUTION NO. ____________ - SECOND AMENDMENT TO AGREEMENT NO. 3043 WITH THE SOHAGI LAW GROUP
Transmittal 1
SUMMARY: The Office of the City Attorney requests approval of a Second Amendment to Agreement for Professional Services No. 3043 (Agreement No. 3043) between the City of Los Angeles (City) and The Sohagi Law Group, increasing the Agreement authority by $922,602 to an amount not to exceed $1,500,000 for legal services for environmental matters. The City of Los Angeles Harbor Department (Harbor Department) is proposing a budgetary transfer in the amount of $663,850 from the Unappropriated Balance (UB) to the Harbor Department's Operating Expenses Budget, Office of the City Attorney Division No. 0120. This budgetary transfer requires the approval of the Board of Harbor Commissioners (Board), as well as the Mayor, in compliance with the Los Angeles City Charter Section 343(b).
Recommendation: Board resolve to (1) approve the Second Amendment to Agreement No. 3043 with The Sohagi Law Group, attached as Transmittal 1, increasing the Agreement authority by $922,602 to an amount not to exceed $1,500,000; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Agreement No.3043; (3) approve the Fiscal Year 2013-2014 transfer of a total amount of $663,850 from the Unappropriated Balance to Division No. 0120, Account No. 54410, Program No. 000 for services that will be rendered in connection with Agreement No. 3043; (4) direct the Board Secretary to transmit the Resolution to the Mayor for approval of such transfer pursuant to Section 343(b) of the City Charter; (5) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(b) of the City Charter at the time such transfer is made; and (6) adopt Resolution No.____________.
Real Estate
10. Re: RESOLUTION NO. ____________ - APPROVAL OF THE PORT OF LOS ANGELES ASSET MANAGEMENT POLICY
Transmittals
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) operates in a world of increasing competition, rising energy costs, shifting demand for containerized cargo, and changing environmental and land use regulations. As a result, the Harbor Department has developed The Port of Los Angeles Asset Management Policy (Asset Management Policy), a comprehensive real property management program to utilize the assets under its control in a more efficient and effective manner. Among other management objectives, the program addresses how the Harbor Department will approach its facilities and other real property asset holdings, as necessary, to ensure compliance with the parameters of previously accepted policies mandated by the Board of Harbor Commissioners (Board), such as the Financial Management policies, and to protect the interests of the citizens of Los Angeles and California.
Recommendation: Board resolve to (1) approve and adopt the Port of Los Angeles Asset Management Policy; and (2) adopt Resolution No.____________.
11. Re: RESOLUTION NO. ____________ - APPROVAL OF THE PORT OF LOS ANGELES LEASING POLICY
Transmittal 1
SUMMARY: The Port of Los Angeles Leasing Policy (Leasing Policy) supports the Strategic Plan while reinforcing consistency with other Board approved policies, the Los Angeles City Administrative Code , Los Angeles City Charter, the California Coastal Act, the State Lands Commission - Public Trust Doctrine, Tariff No. 4, the Port Master Plan, and the State Tidelands Trust Grant (Tidelands Trust). The Leasing Policy applies to all of the varied types of property use agreements involving the use and occupancy of land, submerged land, buildings, and other real property assets and is intended to provide a framework for the City of Los Angeles Harbor Department's (Harbor Department) internal use in making leasing decisions, increasing efficiency, and achieving consistency and transparency, as they relate to the following:
a) Development of new property use agreements; and
b) Modifications to existing property use agreements.
Recommendation: Board resolve to (1) approve and adopt the Port of Los Angeles Leasing Policy; and (2) 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
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
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Complaint filed with U.S. Department of Transportation under Title VI of the Civil Rights Act of 1964 and 49 Code of Federal Regulations Part 21
I. (Continued)
Claimants: Natural Resources Defense Council, Elena Rodriguez, Evelyn Deloris Knight, East Yard Communities for Environmental Justice, the Coalition for Clean Air, Century Villages at Cabrillo
Agency Claimed Against: City of Los Angeles, Board of Harbor Commissioners
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: one case.
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Port of Los Angeles City Dock No. 1 (Altasea) concerning a proposed permit:
Property: Port of Los Angeles City Dock No. 1 (Altasea), Berths 56-60 and 70-71
City Negotiator: Geraldine Knatz, Ph.D.
Tenant Negotiator: Martin Blank, Jr. for City Dock No. 1 (Altasea) Advisory Cabinet
Negotiating Parties: City and Rockefeller Philanthropy Advisors as fiscal sponsor on behalf of the City Dock No. 1 (Altasea) Advisory Cabinet and pending Non-Profit Corporation
Under Negotiation: Price and Terms
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.