Agenda - March 1, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MARCH 1, 2012 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
City Dock No. 1 Update
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. MINUTES
Minutes for the Regular Meetings of August 4, 2011, October 20, 2011 November 3, 2011, and December 1, 2011 for approval.
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 4)
Commission Office
1. Re: RESOLUTION NO. ____________ - APPROVING A BUSINESS DEVELOPMENT TRIP TO SOUTH AMERICA FOR COMMISSION VICE PRESIDENT DAVID ARIAN
Recommendation: Adoption of Resolution approving travel for Commission Vice President David Arian to South America from March 17- 27, 2012.
Clean Truck Program
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This request is to approve a wind-down operating cost budget under Agreement No. 08-2720 dated October 20, 2008, among the City of Los Angeles Harbor Department (Harbor Department), City of Long Beach Harbor Department (Port of Long Beach), PortCheck LLC (PortCheck), and 13 Marine Terminal Operators (MTOs). Agreement No. 08-2720 established PortCheck as a vendor on behalf of the MTOs to collect a Clean Truck Fee (CTF) and an Infrastructure Fee (IF) enacted under tariffs by the Harbor Department and Port of Long Beach, collectively (Ports). Because the CTF ceased being effective December 31, 2011, and the IF has been deferred until 2014, the parties have agreed to terminate Agreement No. 08-2720 effective February 12, 2012. In accordance with the First Amendment to Agreement No. 08-2720, the parties agreed to certain wind-down tasks and costs following the CTF's termination, which were carried out during the months of January and February of 2012. This wind-down budget memorializes those final activities and authorizes the final payment of the Harbor Department's share of the wind-down costs ($172,704 or 56.39% of the total wind-down budget of $306,267), which has previously been appropriated and set aside in Harbor Department Fiscal Year 2011/12 Clean Truck Program budget. The Port of Long Beach's Board of Harbor Commissioners approved this same agreement to pay their share of wind-down costs ($133,563 or 43.61% of the total wind-down budget of $306,267) on December 19, 2011.
Recommendation: Board resolve to (1) approve the proposed Wind-Down Operating Budget for Agreement No. 08-2720, including payment in the amount of $172,704 (56.39% of $306,267) to fund the services provided from the period January 1, 2012 through February 11, 2012; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Wind-Down Operating Budget for and on behalf of the Board; and (3) adopt Resolution No. ____________.
External Relations
SUMMARY: As required by the Port of Los Angeles Community Advisory Committee (PCAC) By-laws, the Board of Harbor Commissioners (Board) is being asked to approve changes in the PCAC membership for the Harbor Association of Industry and Commerce (HAIC).
Recommendation: Board resolve to (1) approve Michael Crehan as the Harbor Association of Industry and Commerce voting member; (2) approve Scott Kurtz to remain as the Harbor Association of Industry and Commerce alternate member; and (3) adopt Resolution No. ____________.
Historic Site Office (Archives)
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) asks the Board of Harbor Commissioners (Board) to approve the template form of the Licensing Agreement and Licensing Fee Schedule to allow the Harbor Department to license and charge licensing fees for commercial use of Harbor Department owned photographs. The Licensing Agreement contains terms and conditions of commercial use of Harbor Department photographs, and charges client's reasonable licensing fees according to the Licensing Fee Schedule, which was developed based upon benchmarking fee schedules of the City of Los Angeles and other public agencies.
Recommendation: Board resolve to (1) approve the proposed template form of Licensing Agreement and Licensing Fee Schedule; (2) direct the Board Secretary to transmit the proposed template form of Licensing Agreement and Licensing Fee Schedule to the City Council for its approval pursuant to Section 606 of the City Charter; (3) upon approval by the City Council, authorize the Executive Director or her Designee to execute the Licensing Agreement with individual licensees in accordance with Harbor Department policy; and (4) adopt Resolution No.____________.
REGULAR ITEMS (5 - 7)
Clean Truck Program
Transmittal 1
SUMMARY: The requested action is for the Los Angeles Board of Harbor Commissioners (Board) to approve a Memorandum of Understanding (MOU) between the California Air Resources Board (ARB) and the City of Los Angeles Harbor Department (Harbor Department) that sets forth terms and conditions for the two parties to work together in enforcing drayage truck rules in and around the Port of Los Angeles (Port). There will be no monetary contribution or obligation to this MOU by either agency, however, the Harbor Department will receive half of the monetary compensation for ARB citations issued by Los Angeles Port Police (Port Police).
Recommendation: Board resolve to (1) approve a MOU between the ARB and Harbor Department that sets forth the terms and conditions of the parties' administrative obligations in connection with enforcement of State regulations and the Clean Truck Program requirements; (2) direct staff to set up a restricted Account to deposit funds received from ARB citations for use by the Harbor Department; and (3) adopt Resolution No. __________.
Construction and Maintenance
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of a three-year Memorandum of Understanding (MOU) with the City of Los Angeles Department of Public Works Bureau of Sanitation (BOS) for rubbish hauling and disposal services at the Port of Los Angeles (Port). The City of Los Angeles Harbor Department (Harbor Department) does not have staff resources to carry out rubbish disposal from four- and six-cubic yard dumpsters and forty-cubic yard containers. The Harbor Department seeks to promote cooperation between City departments by partnering with and utilizing employees from another City agency. This three-year MOU is for an amount not to exceed $1,100,000.
Recommendation: Board resolve to (1) approve the Memorandum of Understanding with the City of Los Angeles Department of Public Works Bureau of Sanitation for a term of three years in an amount not to exceed $1,100,000 for rubbish hauling and disposal services; (2) approve the transfer of $1,100,000 from the Harbor Department, Center 0510, Construction and Maintenance, Program 000, Account 57045 to the Department of Public Works Bureau of Sanitation, Fund 508, Department 50, Revenue Source 459701; (3) authorize the Executive Director and Board Secretary to execute and attest to said Memorandum of Understanding on behalf of the Board; (4) direct the Board Secretary to transmit to the Board of Public Works, the Mayor and City Council for necessary actions; and (5) adopt Resolution No.____________.
Executive Offices
Transmittal 1
Transmittal 2
SUMMARY: The TraPac Memorandum of Understanding (TraPac MOU) between the TraPac Appellants and the City of Los Angeles Harbor Department (Harbor Department), along with the Operating Agreement to the TraPac MOU, jointly created the Port Community Mitigation Trust Fund (PCMTF) and established a nonprofit, the Harbor Community Benefit Foundation (HCBF), to operate the PCMTF. Pursuant to Section 5(F) of the Operating Agreement, the HCBF shall submit a detailed budget and report to the Board of Harbor Commissioners (Board) on an annual basis regarding its administrative needs and requirements. This $379,200 request by the HCBF Board of Directors (HCBF Board) is the second portion of the annual budget for calendar year 2012; the initial request in the amount of $137,500 for a four-month interim budget to cover the months of December 2011 through March 2012 was approved by the Board on November 3, 2011. Staff is recommending the Board approve HCBF's proposed budget with two conditions: (1) In accordance with the Operating Agreement, all PCMTF funds approved for transfer under this action shall be used by HCBF for Tidelands Trust-compliant purposes only, including without limitation, any other funds raised using Tideland Trust funds shall be subject to Tidelands Trust restrictions, and the HCBF shall work with Harbor Department staff prior to the next request for annual funding to propose a method of accounting for any non-Tidelands activities of the HCBF; and (2) The HCBF provide the Board of Harbor Commissioners prior notice of any reallocation within the HCBF budget that exceeds 10% of the total annual budget.
Staff also recommends the Board approve disbursement of these funds to the HCBF by California Community Foundation (CCF), the independent financial management organization which is holding the PCMTF, subject to these two conditions.
Recommendation: Board resolve to (1) approve the Harbor Community Benefit Foundation nine-month budget for a not-to-exceed amount of $379,200 with two conditions: (1) in accordance with the Operating Agreement, all PCMTF funds approved for transfer under this action shall be used by HCBF for Tidelands Trust-compliant purposes only, including without limitation, any other funds raised using Tideland Trust funds shall be subject to Tidelands Trust restrictions, and the HCBF shall work with the Harbor Department staff prior to the next request for annual funding to propose a method of accounting for any non-Tidelands activities of the HCBF; and (2) the HCBF provide the Board of Harbor Commissioners prior notice of any reallocation within the HCBF budget that exceeds 10% of the total annual budget; (2) authorize the Executive Director or her designee to execute a joint letter with HCBF to approve the distribution of funds in one lump sum payment of $379,200 from the California Community Foundation to the HCBF subject to the same two conditions; and (3) adopt Resolution No._____________.
H. 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. 10-56465, and U.S.
Supreme Court Case No. 11-798
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: three cases.
3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(Subdivision (b) (1) of Government Code Section 54957)
Two cases.