Regular Agenda - August 22, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, AUGUST 22, 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 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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
Business Development Trip to Asia - Vice President David Arian
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
G. PRESENTATIONS
Emissions Inventory 2012
San Pedro Bay Ports Energy Baseline Study, UCLA Luskin School of Public Affairs
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 8)
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. The Harbor Department received a request from Interamerican Motor Corporation (IMC) to activate its site within FTZ 202, Site 34 located at 8901 Canoga Avenue, Canoga Park, California, 91304. Site 34 is a 7.44 acre property with one warehouse located approximately 47 miles north-west of the Port of Los Angeles (Port). IMC will be operating its warehouse under FTZ procedures. The proposed FTZ Operating Agreement (Agreement) is for a term of five years with three, five-year renewal options.
Recommendation: Board resolve to (1) approve the proposed Foreign-Trade Zone Operating Agreement between the City of Los Angeles Harbor Department and Interamerican Motor Corporation; (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.____________.
2. Re SECOND TEMPORARY ORDER NO. ____________ - THE PORT OF LOS ANGELES TARIFF NO. 4 GENERAL RATE INCREASE
Transmittal 1
Transmittal 2
SUMMARY: On May 16, 2013, the City of Los Angeles Board or Harbor Commissioners (Board) approved a 1.7 percent General Rate Increase (GRI) applicable to almost all rated tariff items of the Port of Los Angeles (Port) Tariff No. 4 (Tariff No. 4), effective July 1, 2013 (Transmittal 1). Wharfage on petroleum products and the Clean Truck Program Concession and Temporary Access Permits were excluded from this GRI. Changes to Tariff No. 4 require Los Angeles City Council (City Council) approval. The City Council has not approved the Ordinance so the Board is required to approve a Second Temporary Order extending the implementation of the 1.7 percent GRI by another 90 days.
Recommendation: Board resolve to (1) approve the Second Temporary Order No.__________ to amend all rated tariff items in the Port of Los Angeles Tariff No. 4, except wharfage on petroleum products and the Clean Truck Program Concession and Temporary Access Permits; and (2) authorize the Board Secretary to certify to the adoption of the Second Temporary Order by the Board and cause the same to be published once in a newspaper, printed, and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to Charter Section 653(b) 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.
Construction & Maintenance
3. Re: RESOLUTION NO. ____________ - APPROVAL OF A PERSONAL SERVICES AGREEMENT WITH L.A. CONSULTING, INC. TO PROVIDE SUPPORT FOR THE COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM
Transmittal 1
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of a Personal Services Agreement between the City of Los Angeles Harbor Department (Harbor Department) and L.A. Consulting, Inc. (LAC) of Manhattan Beach, CA to provide support related to C&M's Computerized Maintenance Management System (CMMS). This support is requested by C&M to provide technical assistance and CMMS configuration. The CMMS produces the data and reports necessary to best manage resources and ensure the highest level of customer service. This agreement is for a not-to-exceed amount of $180,000 over three years.
Recommendation: Board resolve to (1) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(2), a competitive selection process is not practicable or advantageous and the Harbor Department may enter into an agreement with L.A. Consulting, Inc. based on the rates and services in an LAC agreement with the Orange County Public Works Department; (2) find that in accordance with City Charter Section 1022, the services under this Personal Services Agreement are temporary and of a professional, expert, and technical nature, which can be performed more feasibly by an independent contractor; (3) approve a Personal Services Agreement between the Harbor Department and L.A. Consulting, Inc. for an amount not to exceed $180,000 over three years; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Personal Services Agreement; and (5) adopt Resolution No.____________.
Debt & Treasury
4. Re: RESOLUTION NO. ____________ - DECLARING THE CITY OF LOS ANGELES HARBOR DEPARTMENT'S INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF THE ISSUANCE OF TAX-EXEMPT BONDS FOR THE EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF CERTAIN PORT-RELATED CAPITAL IMPROVEMENTS
Transmittal 1
SUMMARY: This Resolution authorizes the City of Los Angeles Harbor Department (Harbor Department) to reimburse itself from the proceeds of a bond issuance to its Operating Account, Harbor Revenue Fund (Fund 702). This reimbursement would apply to certain monies previously spent to pay for Capital Improvement Projects.
Recommendation: Board resolve to (1) authorize reimbursement to the Harbor Revenue Fund (Fund 702) from the proceeds of the issuance of bonds for expenditures made no more than 60 days prior to the execution date of this Resolution and/or to be made in connection with the acquisition and construction of capital improvements; and (2) adopt Resolution No.____________.
Public Relations
5. Re: RESOLUTION NO. ____________ - SPONSORSHIP OF INTERNATIONAL TRADE EDUCATION PROGRAMS, INC.
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into an Agreement with International Trade Education Program, Inc. (ITEP), Glendale, CA, for sponsorship of their educational program, which provides maritime industry-related student enrichment programs in high schools across various California regions for the purpose of promoting international trade job and related career opportunities. The Harbor Department and its customers (ITEP’s other primary funding source) benefit from having a large, knowledgeable labor pool available for the variety of jobs associated with port operations. Harbor Department sponsorship is recommended for ITEP programming for four academies (subject-specific learning centers) on the Banning High School campus in Wilmington and for the Mojave Xpress Logistics Academy at Barstow High School (Barstow, CA). Banning High School ITEP academies include the International Trade Academy, the Global Environmental Sciences Academy, the Global Safety and Security Academy and the Maritime Agriculture, Tourism, Cuisine and Hospitality Academy. In 2008, using support for other agencies ITEP added three new academies in San Pedro, Gardena and Carson. ITEP’s eight academies served a total of 2,200 students annually. Sponsorship is recommended for the 2013/14 school year with a not-to-exceed amount of $400,000.
Recommendation: Board resolve to (1) find that, in accordance with City Charter Section 1022, the scope of work of the proposed Agreement is of a temporary and occasional nature and is best completed by a contractor on an interim basis; (2) find that the proposed sponsorship is consistent with the criteria of the Board-approved Sponsorship/Hosting Policy (March 2010); (3) approve the Grant Agreement with International Trade Education Program, Inc. to provide funding for the 2013/14 academic year ending June 30, 2014 for a total not-to-exceed amount of $400,000; (4) authorize the Board Secretary to transmit the Agreement to the Los Angeles City Council for approval pursuant to City Charter Section 373; (5) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement upon approval by the Los Angeles City Council; and (6) adopt Resolution No. ________________.
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) through acquisitions, court actions, and grants has ownership of oil and gas mineral interests from the Wilmington Oil Field in various areas within and adjacent to the Port of Los Angeles (Port). Historically, the Harbor Department has had operating contracts with various oil companies to develop the oil and gas reserves. Currently the Harbor Department maintains one operating contract within a unit agreement outside of State Tidelands and is a participant in one unit agreement within State Tidelands. Recovery operations of a portion of the Harbor Department's mineral rights were formally operated by Exxon Oil Company (Exxon) and/or Mobil Oil Company (Mobil) under unit agreements and/or operating agreements that have been terminated. Through a Request for Proposals (RFP), the Harbor Department is seeking qualified entities to develop oil, gas, and hydrocarbon reserves that may remain in those areas previously operated by Exxon and/or Mobil.
Recommendation: Board resolve to (1) approve the issuance of a Request for Proposals for Development of the Wilmington Oil Field; (2) authorize the Executive Director to release the Request for Proposals for Development of the Wilmington Oil Field in accordance with the requirements and procedures of the California Public Resources Code and the City of Los Angeles Administrative Code; and (3) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
SUMMARY: Cirque du Soleil America (Cirque du Soleil) is proposing to hold a theatrical circus event between October 11, 2013, and November 10, 2013, in the Outer Harbor at Berths 45-49. The event requires the installation of four tents at the site. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-10, a Level I, non-appealable permit for the proposed event.
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. 13-10, consistent with the project description listed on Application for Discretionary Project No. 130618-096; and (3) adopt Resolution No.____________.
Real Estate
8. Re: RESOLUTION NO. ____________ - PROPOSED TEMPORARY ENTRY AND USE PERMIT NO. 1384 WITH CIRQUE DU SOLEIL AMERICA, INC. FOR PREMISES IN THE OUTER HARBOR
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes to grant a 90-day Temporary Entry and Use Permit (TEUP) to Cirque Du Soleil America, Inc. (Cirque) to construct, operate, and maintain a temporary live entertainment facility for the show entitled Totem at Berths 45-49. Cirque has performed various shows in Southern California, with recurring performances at Santa Monica and Irvine. This year Cirque has identified San Pedro as another viable venue for its performances. This proposed TEUP is being brought before the Board of Harbor Commissioners (Board), as the annual rent exceeds the $150,000 threshold amount that the Executive Director is authorized to grant without Board approval.
Recommendation: Board resolve to (1) approve the proposed draft Temporary Entry and Use Permit between the City of Los Angeles Harbor Department and Cirque Du Soleil America, Inc, in the form substantially as attached; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Temporary Entry and Use Permit in a form substantially in accordance with the draft attached as Transmittal 2, subject to City Attorney approval as to form and legality; and (3) adopt Resolution No.____________.
REGULAR ITEMS (9 - 12)
Business & Trade Development
Transmittal 1
SUMMARY: On August 3, 2012, The Port of Los Angeles (Port) received the first vessel operated in one of four joint container services that moved from the Port of Long Beach (POLB) to the TraPac container terminal. Partners of the new joint container services are: Hamburg Sud North America Inc., Hapag Lloyd AG, ANL (CMA CGM, US Lines), CCNI, MSC, and Polynesia Line Ltd., (New Services Partners). The City of Los Angeles Harbor Department (Harbor Department) is proposing to reimburse each New Services Partner for some expenses associated with moving from the POLB to the Port on a pro-rata basis using each New Services Partner’s relative annual container volume. The combined total expense to the Harbor Department will not exceed $340,000 payable within three months after approval of this Resolution by the Board. Staff is recommending the Board of Harbor Commissioners (Board) approve the Resolution.
Recommendation: Board resolve to (1) approve the expenditure of $340,000 for Fiscal Year 2013/2014 to fund Hamburg Sud North America Inc., Hapag Lloyd AG, ANL (CMA CGM, US Lines), CCNI, MSC, and Polynesia Line Ltd., pro-rata using each partner’s relative twelve-month container volume for their moving expenses from the Port of Long Beach to the Port of Los Angeles; (2) find that such expenditure serves the public purpose and provides the public benefit of increased container throughput through the Port of Los Angeles and maximization of Harbor Assets, as that term is defined in the Charter, pursuant to the Tidelands Trust; (3) authorize Resolution No. ___________ authorizing the transfer of $340,000 from the Unappropriated Balance to Account 59964 (Customer Operations Subsidies & Incentives) for Fiscal Year 2013/2014; and (4) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter.
Transmittal 1
SUMMARY: On June 1, 2013, the Port of Los Angeles (Port) was pleased to welcome United Arab Shipping Company (UASC) as a new shipping line in the transpacific trade. UASC has selected West Basin Container Terminal (WBCT) as their new home for a jointly operated container service with China Shipping. The City of Los Angeles Harbor Department (Harbor Department) is recommending reimbursing UASC for expenses associated with establishing their operation at the Port commensurate with the projected annual container volume. The total compensation toward UASC’s start-up expenses will not exceed $100,000 payable within three months after June 1, 2014. Staff is recommending the Board of Harbor Commissioners (Board) approve the Resolution.
Recommendation: Board resolve to (1) approve the expenditure of $100,000 for Fiscal Year 2014/2015 to fund United Arab Shipping Company for their start-up expenses of a new service and operation at the Port of Los Angeles; (2) find that such expenditure serves the public purpose and provides the public benefit of increased container throughput through the Port of Los Angeles and maximization of Harbor Assets, as that term is defined in the Charter, pursuant to the Tidelands Trust; (3) authorize Resolution No. ___________ authorizing the expenditure of $100,000 to be budgeted as part of the Fiscal Year 2014/2015 annual budget adoption process; and (4) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract is for construction of the John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements and SR-47/I-110 Northbound Connector Widening project (Project), which will construct an additional lane from the westbound State Route 47 (SR-47) freeway to northbound Interstate 110 (I-110) freeway and improvements to the on-ramp and off ramp at John S. Gibson Boulevard to I-110 freeway, including improvements to John S. Gibson Boulevard. The lowest responsive and responsible bidder is C.A. Rasmussen, Inc., located in Valencia, California. The contract amount plus a 10% contingency, is $29,644,450. The contract duration is 940 calendar days. The Project is partially funded from the following sources: Federally-funded under the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) in the amount of $3,599,600; State-funded under the Trade Corridor Improvement Fund (TCIF) in the amount of $14,700,000; and regionally funded by the Los Angeles County Metropolitan Transportation Authority (LACMTA) in the amount of $7,420,000.
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. 2734 for Item Nos. 1 through 68 of the proposal schedule to C.A. Rasmussen, Inc. in the amount of $26,949,500; that a 10% contingency, not included in the original contract amount be applied for a total authorization of $29,644,450; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 940 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.____________.
Engineering
12. Re: RESOLUTION NO. ____________ - APPROVAL OF REVISED BUDGETS FOR THE TRAPAC EXPANSION PROGRAM
SUMMARY: The baseline budgets for the thirteen projects comprising the TraPac Expansion Program, approved by the Board of Harbor Commissioners (Board) on April 19, 2012, were $594,955,525. Staff is requesting the Board to approve the revised budgets at $734,758,853, an increase of 23.5%. The spending on the TraPac Expansion Program through the end of Fiscal Year (FY) 12/13 stands at $229,430,803. Grant Funding for the TraPac Expansion Program is currently $185,738,000.
Recommendation: Board resolve to (1) approve the revised budgets of $734,758,853 for the thirteen projects comprising the TraPac Expansion Program; and (2) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
2. CONFERENCE WITH LEGAL COUNSEL - 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
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
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Claim No: C14-0549
Claimant: California Cartage Company, Inc.
Agency Claimed Against: City of Los Angeles, Port of Los Angeles
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.