Agenda - March 3, 2011
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MARCH 3, 2011 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 Kaylynn L. Kim
Commissioner Robin Kramer
Commissioner Douglas P. Krause
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.
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E BOARD COMMITTEE REPORTS
F. PRESENTATION
International Association of Ports and Harbors - Theresa Adams Lopez
G. APPROVAL OF MINUTES
Minutes of the Regular Meeting of November 4, 2010 for approval.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 & 2)
Finance Division
SUMMARY: Staff recommends that the Los Angeles Board of Harbor Commissioners (Board) review and adopt the proposed revisions to the City of Los Angeles Harbor Department's (Harbor Department) Financial Policies. These policies, consisting of Fiscal (Budgetary, Revenues, and Expense Policies), Leasing, Capital Improvement Plan Funding, Financial Reserve, Risk Management, and Debt Management Policies, codify and reinforce the Harbor Department's continuing practice of fiscal responsibility. The approval of the revised financial policies will comply with the Los Angeles City Council motion, Council File No. 09-0600-S159, in which the Harbor Department is requested to provide an annual reporting of its financial policies to the City Council by April 1st of each year.
Recommendation: Board resolve to (1) approve the updated set of 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, and Debt Management Policies; and (2) adopt Resolution No. ____________.
Real Estate
SUMMARY: The Real Estate Division requests approval of compensation resets for Order Nos. 2130, 2680 and 3469 with the City of Los Angeles Board of Public Works for the purpose of construction, maintenance, and operation of sewage pumping facilities and sewer rights-of-way; and Order No. 3290 and Permit No. 473 with the City of Los Angeles General Services Department for construction, maintenance, and operation of fire station facilities (collectively, City Permits). These five-year resets have not occurred since Fiscal Year (FY) 00. Therefore, compensation resets for the City Permits are due for two consecutive five-year reset periods extending from FY 04 through FY 13.
Pursuant to Settlement Agreement 1106 and 1106A, between the City of Los Angeles and the Board of Harbor Commission (Board), the compensation for occupancy of trust lands used for municipal purposes may be adjusted annually based on the Board of Harbor Commission's then current rate of return on the lands and waters and the then fair market value of the lands and waters in 1977.
It is proposed that compensation for the FY 04 through FY 08 and FY 09 through FY 13 remain unchanged from the current compensation levels. Since no change in compensation is proposed, separate compensation reset Orders signed by the Tenant are not required.
Recommendation: Board resolve to (1) approve the resetting compensation of under Order Nos. 2130, 2680, 3290 with the City of Los Angeles Board of Public Works and Order No. 3469 and Permit No. 473 with the City of Los Angeles General Services Department to maintain the current annual compensation for the period beginning FY 04 and ending FY 13; and (2) adopt Order No. ____________.
REGULAR ITEMS (3-5)
Business & Trade Development Division
SUMMARY: Staff recommends the approval of Agreements between the City of Los Angeles Harbor Department (Harbor Department) and eight International Business Development (IBD) Representatives for the purpose of developing business and trade for the Port of Los Angeles (Port). The total annual compensation for all eight Agreements is $544,000. The eight Agreements are each for a term of one year with two, one-year renewal options. The approved renewal options will total a maximum term of three years for each Agreement with a total combined compensation of $1,632,000. Renewal options shall be authorized for extension by the Executive Director. Six of the representatives are based in Asia, one in South America, and one in New York. The selected representatives listed with their corresponding years of Port service are Toshin International (9 years), Dolphin Logistics (26 years), Inchcape Shipping Services (3 years), Anthony Wylie (9 years), Aquiline Project Services (20 years), Piers Port Marketing & Consultancy (19 years), United Express International Corporation (35 years), and INF Marketing and Logistics (8 years).
Recommendation: Board resolve to (1) find that in accordance with City Charter Section 1022 that work to be performed under the Agreements can be performed more feasibly by an independent contractor than by City employees; (2) approve the subject Agreements each for a term of one year with two, one-year renewal options with a total annual compensation of $544,000; (3) authorize the Executive Director to approve two (2) one-year renewal options on behalf of the Board, subject to budget approval for future year funding; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (5) adopt Resolution No. ____________.
Environmental Division
SUMMARY: The Environmental Management Division (EMD) recommends approval of Agreements with Tetra Tech, Inc. (Tetra Tech); The Source Group, Inc. (Source Group); WorleyParsons Group Inc. (WorleyParsons); ERM-West, Inc. (ERM); Pacific Edge Engineering, Inc. (Pacific Edge); Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore); Eco & Associates, Inc. (Eco); and Leighton Consulting, Inc. (Leighton), to provide as-needed environmental services for the investigation and remediation of soil and groundwater contamination for property reuse, hazardous and toxic waste management, and oversight of tenant remediation activities (Transmittal 1). Examples of these services include conducting environmental site assessments, soil and groundwater investigations, site cleanups, environmental media management, due diligence, and environmental regulatory compliance. The eight Agreements are for a term of three years each and for a combined total contract amount of $18,000,000.
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 $18,000,000 as follows:
a. Tetra Tech, Inc. (Pasadena, CA) for $5,400,000;
b. The Source Group, Inc. (Signal Hill, CA) for $3,800,000;
c. WorleyParsons Group Inc. (Long Beach, CA) for $1,900,000;
d. ERM-West, Inc. (Irvine, CA) for $1,500,000;
e. Pacific Edge Engineering, Inc. (Mission Viejo, CA) for $1,500,000;
f. Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Irvine, CA) for $1,500,000;
g. Leighton Consulting, Inc. (Los Angeles, CA) for $1,400,000; and
h. Eco & Associates, Inc. (Orange, CA) for $1,000,000;
(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. __________.
Finance Division
5. Re: RESOLUTION NO. ____________ TO APPROVE THE TRANSFER OF $10 MILLION FROM THE HARBOR REVENUE FUND TO THE EMERGENCY FUND AND TO RENAME THE FUND "EMERGENCY/ACTA RESERVE FUND"
SUMMARY: Staff recommends that the Los Angeles Board of Harbor Commissioners (Board) approve the transfer of $10 million from the Harbor Revenue Fund (Fund 702) to Emergency Fund (Fund 751) of the City of Los Angeles, Harbor Department (Harbor Department) and to rename Fund 751 to "Emergency/ACTA Reserve Fund" from Emergency Fund. The transfer will increase the Emergency Fund level to $47 million from the current balance of $37 million, thereby replenishing the Emergency Fund to meet unexpected funding needs, including the covering of a shortfall likely to be experienced by the Alameda Corridor Transportation Authority (ACTA). Both the Harbor Revenue Fund and the Emergency Fund are components of the Harbor Department's Unrestricted Funds and remain under the Harbor Department's control.
Recommendation: Board resolve to (1) authorize the transfer of $10 million from Harbor Revenue Funds to the Emergency Fund, in order to cover any shortfall experienced by the Alameda Corridor Transportation Authority (ACTA); (2) approve the name change from "Emergency Fund" to "Emergency/ACTA Reserve Fund"; and (3) adopt Resolution No. ____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
City of Los Angeles v. Colonial Yacht Anchorage, et al., Los Angeles Superior Court Case No. BC454598
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
City of Riverside v. City of Los Angeles, et al., Orange County Superior Court Case No. 30-2009-00123216
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of EPA order on ACTA property.
4. 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.