Regular Agenda - November 21, 2013
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVEMBER 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
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Douglas P. Krause
Commissioner Anthony Pirozzi, Jr.
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 Meetings of September 5, 2013 and September 19, 2013 for approval.
G. PRESENTATIONS
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 6)
Business & Trade Development
Transmittal 1
Transmittal 2
SUMMARY: On May 16, 2013, the City of Los Angeles Board of 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 yet to approve the Ordinance. Staff is recommending the Board approve a Third Temporary Order (Transmittal 2) extending the implementation of the 1.7 percent GRI by another 90 days. A Second Temporary Order was approved by the Board on August 22, 2013 and became effective from August 28, 2013 through November 25, 2013.
Recommendation: Board resolve to (1) approve the Third 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 Third Temporary Order by the Board and cause the same to be published once in a newspaper published daily, 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.
Environmental Management
Transmittal 1
SUMMARY: In July 2009, the Board of Harbor Commissioners (Board) awarded the Los Angeles Maritime Institute (LAMI) $771,000 to fund the restoration of their tall ship, Swift of Ipswich, and 40 days of youth sailing programming for the Wilmington community (Project). In July 2010, the Board approved a three-year agreement with LAMI to fund the Project. LAMI has been working on the restoration of the vessel and has expended $628,791.28 of the $771,000, but was unable to complete the Project as expected prior to the expiration of the agreement. LAMI is now prepared to finalize the Project. It is recommended that the Board approve a new Agreement between the City of Los Angeles Harbor Department (Harbor Department) and LAMI (Agreement) in the not-to-exceed amount of $142,208 for a term of three years. The first year is to complete the restoration of the vessel. Years two and three are to carry out 40 days of youth programming on the vessel.
Recommendation: Board resolve to (1) approve the Agreement with the Los Angeles Maritime Institute substantially as to the form attached hereto in the not-to-exceed amount of $142,208 for a term of three years; (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.____________.
Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 1e
Transmittal 1f
Transmittal 1g
Transmittal 1h
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: The Environmental Management Division (EMD) recommends approval of Agreements with AECOM Technical Services, Inc. (AECOM), CDM Smith, Inc. (CDM Smith), Dudek, ENVIRON International Corporation (ENVIRON), ICF Jones & Stokes, Inc. (ICF), and Parsons Transportation Group, Inc. (Parsons) to provide as-needed California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) documentation preparation services, and Castle Environmental Consulting, LLC (Castle) and Environmental Compliance Solutions, Inc. (ECS) to provide special environmental services. The eight Agreements are for a term of three years each and for a combined total contract amount of $27,800,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (2) approve the eight personal services Agreements for a term of three years each, with a combined contract total of $27,800,000:
a. agreement with AECOM Technical Services, Inc. (Los Angeles, CA) for $4,300,000;
b. Agreement with CDM Smith, Inc. (Los Angeles, CA) for $4,300,000;
c. Agreement with Dudek (San Juan Capistrano, CA) for $4,300,000;
d. Agreement with ENVIRON International Corporation (Los Angeles, CA) for $4,300,000;
e. Agreement with ICF Jones and Stokes, Inc. (Irvine, CA) for $4,300,000;
f. Agreement with Parsons Transportation Group, Inc. (Pasadena, CA) for $4,300,000;
g. Agreement with Castle Environmental Consulting, LLC (Los Angeles, CA) for $1,000,000;
h. Agreement with Environmental Compliance Solutions, Inc. (Santa Monica, CA) for $1,000,000; and
(3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (4) adopt Resolution No.____________.
Information Technology
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to enter into an agreement with Intratek Computer, Inc. (Intratek), for on-site maintenance of the Harbor Department's computer hardware, for a not-to-exceed amount of $374,000 over three years. This selection is based on a competitive Request for Proposal (RFP) process performed by Harbor Department staff. Intratek is a certified small business and is based in Santa Ana, California. This agreement is for necessary, on-going services and parts to properly maintain the Harbor Department's computer equipment to ensure smooth daily operations. This includes repair, replacement, preventive maintenance, and related services for over 2,100 pieces of computer hardware, such as personal computers, servers, printers, and peripherals. Properly maintained and repaired equipment will have higher availability and lower total cost of ownership.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for outside contractors to perform this work than City employees; (2) approve the agreement between the City of Los Angeles and Intratek for at term of three years for a total not-to-exceed amount of $374,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreement; and (4) adopt Resolution No.____________.
Port Police
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is seeking to enter into a Memorandum of Agreement (MOA) with the City of Long Beach Harbor Department (POLB) for the purpose of sharing security-related information. As a Maritime Transportation Security Act (MTSA) regulated entity, the Harbor Department is required by the United States (U.S.) Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Port Security Grant Program (PSGP) to have an agreement in place with tenants and/or other governmental entities for projects involving layered security practices that ensure there are protective measures in place to guard the phases of transit, overseas and on U.S. shores. The intent of this MOA is to memorialize the understanding between the Harbor Department and POLB with respect to sharing security-related information for the purpose of satisfying the requirement to do so by FEMA.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the City of Long Beach Harbor Department for sharing security-related information as required by the Port Security Grant Program; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Memorandum of Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.
Real Estate
Transmittals
SUMMARY: The proposed action will grant a 12-month lease extension under Supplemental Lease Agreement No. 2 (SLA-2) to Agreement No. 2384 with the U.S. General Services Administration (GSA) for the continued operation of the U.S. Customs and Border Protection (CBP) laboratory at the former U.S. Customs House on Terminal Island.
Recommendation: Board resolve to (1) approve the 12-month lease extension under Supplemental Lease Agreement No. 2, substantially in the form attached hereto as Transmittal 2, beginning March 23, 2013 and ending March 22, 2014; (2) direct the Board Secretary to transmit Supplemental Lease Agreement No. 2 to City Council pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to Supplemental Lease Agreement No. 2; and (4) adopt Resolution No.____________.
REGULAR ITEMS (7- 10)
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Berths 142-147 ICTF project (Project) is a component of the phased development of the Berths 136-147 Trans Pacific Container Services, Corp. (TraPac) Container Terminal Improvement Program. The Project will redevelop the existing Pier A Rail Yard into an intermodal container transfer facility (ICTF). The lowest responsive and responsible bidder is Shimmick Construction Company, Inc., located in Irvine, California. The contract amount, plus a 10% contingency, is $67,512,500. The contract duration is 810 calendar days. The Project is partially funded by the California Transportation Commission for State Proposition 1B Trade Corridors Improvement Fund (TCIF) program in the amount of $20,712,157.
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, subject to Recommendation No. 3 below, Specification No. 2752 for Item Nos. 1 through 48 of the proposal schedule to Shimmick Construction Company, Inc. in the amount of $61,375,000; that a 10% contingency, not included in the original contract amount be applied for a total authorization of $67,512,500; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 810 calendar days from the Notice to Proceed; (3) this approval shall not become effective unless and until the Los Angeles City Council affirmatively approves the Order approving that certain Second Amendment to Permit No. 881 with TraPac, Inc., currently pending before the Los Angeles City Council File Number 13-1501; (4) upon the satisfaction of the condition in Recommendation No. 3, above, authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (5) 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 (6) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Berths 142-143 Backland Improvements Project (Project) is a component of the phased development of the Berths 136-147 TraPac Container Terminal Improvement Program (Program). This Project will consist of the construction of 15 automated stacking blocks, each with the capacity to operate two automated stacking cranes, and related infrastructure. The automated stacking cranes will be fabricated and deployed by Trans Pacific Container Services, Corp. (TraPac), the operator of the terminal. The lowest responsive and responsible bidder is Griffith Company located in Brea, California. The contract amount, plus a 10% contingency, is $116,242,841. The contract duration is 1,080 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 $26,664,000.
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, subject to Recommendation No. 3 below, Specification No. 2756 for Item Nos. 1 through 70 of the proposal schedule to Griffith Company, in the amount of $105,675,310; that a 10% contingency not included in the original contract amount be applied for a total authorization of $116,242,841; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 1,080 calendar days from the Notice to Proceed; (3) this approval shall not become effective unless and until the Los Angeles City Council affirmatively approves the order approving that certain second amendment to Permit No. 881 with TraPac, Inc. currently pending before the Los Angeles City Council in Council File Number 13-1501; (4)upon the satisfaction of the condition in Recommendation No. 3, above, authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (5) 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 (6) adopt Resolution No.____________.
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: TraPac Inc. (TraPac) is proposing to install 39 Automated Stacking Cranes (ASCs), which are an element of TraPac's automated backland container handling operations, and two 12,000 fuel tanks at Berths 136-147. The terminal automation scope of work, including the ASCs was approved by the Board of Harbor Commissioners (Board) on September 19, 2013. Staff is recommending that the Board approve a Level III, non-appealable Coastal Development Permit (CDP) No. 13-13 for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 13-13; (2) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that under the requirements of the California Environmental Quality Act (a) the proposed project was found to have significant and unavoidable adverse environmental impacts as analyzed in the Berths 136-147 TraPac Container Terminal Environmental Impact Report certified by the Board on December 6, 2007, (b) the Board adopted mitigation measures to reduce such impacts, (c) adopted Findings and a Statement of Overriding Considerations as part of its certification and approval of the TraPac Project, and (d) considered an Addendum to the certified Environmental Impact Report on September 19, 2013 for changes or alterations to the TraPac Project that resulted in no new environmental impacts or increase in severity of previously identified impacts; (3) upon closure of the public hearing, resolve to approve the issuance of a Level III, non-appealable Coastal Development Permit No. 13-13 for the installation of 39 ASCs and two 12,000 gallon fueling station tanks at Berths 136-147, subject to the standard conditions set forth in the permit, and direct the Director of Planning & Economic Development to issue said permit; and (4) adopt Resolution No.____________.
Executive Office
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Transmittal 8
Transmittal 9
SUMMARY: The Port Community Mitigation Trust Fund (PCMTF) was established by the City of Los Angeles Harbor Department (Harbor Department) for the purpose of funding projects that will protect, improve and assess public health by off-setting past, present, and future off-port impacts from port operations for the communities of Wilmington and San Pedro. The Harbor Community Benefit Foundation (HCBF), a nonprofit organization established to operate the PCMTF, is required to submit a detailed budget and report to the Board of Harbor Commissioners (Board) regarding its administrative needs and grant allocations. On October 18, 2013, the proposed HCBF Calendar Year (CY) 2014 Operating Budget was approved by HCBF's Board of Directors. Staff recommends the Board approve HCBF's proposed budget with the condition that HCBF provides
the Board prior notice of any reallocation within the HCBF budget that exceeds 10% of the total annual budget. For calendar year 2014, HCBF requests approval of an operating budget of $511,700, and release of $475,000 from the PCMTF, which combined with HCBF's projected 2013 surplus of $36,700, will provide funds for the requested operating budget for 2014. Additionally, to improve fiscal management of the PCMTF, staff also recommends the Board concur with the HCBF Board’s selection of J.P. Morgan Private Bank (JPMorgan) as the new independent financial manager to receive, manage, and disburse funds from the PCMTF, and approve Harbor Department signatories for disbursements from PCMTF at JPMorgan.
Recommendation: Board resolve to (1) approve the Harbor Community Benefit Foundation Calendar Year 2014 Operating Budget of a not-to-exceed amount of $511,700 with the condition that Harbor Community Benefit Foundation provide the Board of Harbor Commissioners prior notice of any reallocation within the Harbor Community Benefit Foundation budget that exceeds 10% of the total annual budget; (2) authorize the Executive Director or designee to execute a joint letter with Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $475,000 from the California Community Foundation to the Harbor Community Benefit Foundation subject to the same condition; (3) adopt Resolution No.____________ approving JPMorgan as the authorized independent financial manager of the Port Community Mitigation Trust Fund in accordance with Operating Agreement Section 5D; and designating the Harbor Department Executive Director and Deputy Executive Directors as signatories for disbursements from the newly created Port Community Mitigation Trust Fund account at JPMorgan Private Bank; (4) authorize the Executive Director or designee to execute a joint letter with Harbor Community Benefit Foundation to approve the transfer of all remaining funds held in the trust fund, net of fees, in one lump sum payment from the California Community Foundation to JPMorgan Private Bank; and (5) 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 (c) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one case.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O’Call site:
Property: Berths 74-83, San Pedro, California
City Negotiators: Cynthia Ruiz, David Mathewson, Jack Hedge
Tenant Negotiators: Eric Johnson, Claire DeBriere, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the USS Iowa battleship:
Property: Berth 87, San Pedro, California
City Negotiator: Cynthia Ruiz
Tenant Negotiator: Jonathan Williams
Negotiating Parties: City and Pacific Battleship Center
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.