Regular Agenda - March 20, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MARCH 20, 2014 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
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 THE MINUTES
Minutes for approval for the following date:
February 20, 2014 Regular
G. PRESENTATION
San Pedro Fish Market - Michael Ungaro
Port Police Strategic Plan - Port Police Chief Ronald Boyd
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 3)
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 California Cartage Company, LLC (California Cartage), Site 1-A, located in Wilmington, California, to exercise their first renewal option to extend the term of their FTZ Operating Agreement No. 13-3107 (Agreement No. 13-3107 ) at FTZ 202, Site 1-A (Site). Burlington Northern Santa Fe Railroad (BNSF) and City entered into a Site Preparation and Access Agreement and Permit (SPAA) granting BNSF rights to the Site. BNSF Railway licensed the Site to California Cartage on the terms and conditions set forth in the license, dated August 2, 2013 (License). California Cartage acknowledges that its only right to possess the Site arises by, through and under the License, and is governed by its terms. BNSF consents to the extension described in this resolution, as an accommodation to California Cartage in consideration of the provisions of the First Amendment (Amendment), including, without limitation, those reproduced in this Resolution. On this basis and as described in this Resolution, the staff of the Harbor Department recommends as set forth below. The original term of Agreement No. 13-3107 was one year with two, optional one-year renewals. The original agreement commenced on June 1, 2013, and is set to expire on May 31, 2014. Any change made to an original Operating Agreement, including any existing renewal options, requires an amendment to the agreement. Upon approval, the proposed Amendment will extend Agreement No. 13-3107 for one year to May 31, 2015 or upon the termination of the License, whichever occurs earlier. All remaining terms and conditions of Agreement No. 13-3107 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 13-3107 between the City of Los Angeles Harbor Department and California Cartage Company, LLC; (2) direct the Board Secretary to transmit the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 13-3107 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 proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 13-3107; and (4) adopt Resolution No.____________.
Engineering
2. Re: RESOLUTION NO. ____________ - PROPOSED TRADE CORRIDORS IMPROVEMENT FUND (TCIF) AGREEMENTS
Transmittal 1
Transmittal 2
SUMMARY: The California Transportation Commission (CTC) requires the City of Los Angeles Harbor Department (Harbor Department) to fully execute Allocation Agreements (Agreement) for which the Harbor Department will seek grant reimbursements. CTC has provided Trade Corridors Improvement Fund (TCIF) Agreement Alameda Corridor West Terminus Intermodal Railyard (TCIF No. 86), Agreement No. 75A0394 and TCIF Agreement Cargo Transportation Improvements - Emission Reduction Program - Phase 2 (TCIF No. 87.2) Agreement No. 75A0393 for signatures, as part of the reimbursement grant funding allocation process. The grant reimbursement amounts are as follows:
- Alameda Corridor West Terminus Intermodal Railyard (TCIF No. 86): $20,712,000 grant reimbursement; and
- Cargo Transportation Improvement - Emission Reduction Program - Phase 2 (TCIF No. 87.2): $26,664,000 grant reimbursement.
Recommendation: Board resolve to (1) approve the Trade Corridors Improvement Fund Agreement Alameda Corridor West Terminus Intermodal Railyard (TCIF No. 86) Agreement No. 75A0394; (2) approve the Trade Corridors Improvement Fund Agreement Cargo Transportation Improvements - Emission Reduction Program - Phase 2 (TCIF No. 87.2) Agreement No. 75A0393; (3) authorize the Executive Director to sign and execute, and the Board Secretary to attest to, Agreement No. 75A0394 and Agreement No. 75A0393 for and on behalf of the Board, and to forward the Agreements to CTC for full execution, and receive and file the fully executed Agreements from CTC; and (4) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
SUMMARY: The proposed action is approval of Amendments to Memoranda of Understanding (MOU) with Los Angeles County Metropolitan Transportation Authority (LACMTA) for the South Wilmington Grand Separation and the John S. Gibson /I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening Projects. The Los Angeles County Metropolitan Transportation Authority requires that the City of Los Angeles Harbor Department (Harbor Department) execute Memorandum of Understanding Amendments in order to maintain awarded grants and seek reimbursement for the South Wilmington Grade Separation and the John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening Projects. These Amendments extend grant fund lapse dates and add a new communication provision. The Harbor Department has been awarded the following grants: Project 1 - South Wilmington Grade Separation in the amount of $19,288,000; and Project 2 - John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening in the amount of $7,420,000. Staff recommends amending the existing MOU for each project as required to maintain funding availability.
Recommendation: Board resolve to (1) authorize the Executive Director and the Board Secretary to execute and attest to said Amendment No. 2 to the MOU for the South Wilmington Grade Separation on behalf of the Board, and forward Amendments to Los Angeles County Metropolitan Transportation Authority (LACMTA) for full execution and receive and file fully executed Amendments from LACMTA; (2) authorize the Executive Director and the Board Secretary to execute and attest to said Amendment No. 1 to the MOU for the John S. Gibson Boulevard Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening on behalf of the Board, and forward Amendments to LACMTA for full execution and receive and file fully executed Amendments from LACMTA; (3) authorize the Executive Director to execute and the Board Secretary to attest to future amendments to these MOUs to account for revised project schedules and reduced project costs, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No.____________.
REGULAR ITEMS (4 & 5)
Environmental Management
4. Re: RESOLUTION NO. ____________ - PERSONAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES AND STARCREST CONSULTING GROUP, LLC, TETRA TECH, INC., ENVIRON INTERNATIONAL CORPORATION, AND PARSONS BRINCKERHOFF, INC. TO CONDUCT AS-NEEDED AIR QUALITY SERVICES
Transmittal 1a
Transmittal 1b
Transmittal 1c
Transmittal 1d
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: The Environmental Management Division staff recommends approval of Personal Service Agreements (Agreements) with Starcrest Consulting Group, LLC (Starcrest), Tetra Tech, Inc. (Tetra Tech), ENVIRON International Corporation (ENVIRON), and Parsons Brinckerhoff, Inc. (PB), to provide technical support for air quality programs. This action will authorize four Agreements each having a three-year contract term and for a combined not-to-exceed amount of $7,500,000.
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 Agreement with Starcrest Consulting Group, LLC (Albuquerque, NM) for a term of three years for the total not-to-exceed amount of $3,000,000; (3) approve the Agreement with Tetra Tech, Inc. (Pasadena, CA) for a term of three years for the total not-to-exceed amount of $2,000,000; (4) approve the Agreement with ENVIRON International Corporation (Los Angeles, CA) for a term of three years for the total not-to-exceed amount of $1,500,000; (5) approve the Agreement with Parsons Brinckerhoff, Inc. (New York, NY) for a term of three years for the total not-to-exceed amount of $1,000,000; (6) authorize the Executive Director and the Board Secretary to execute and attest to said Agreements for and on behalf of the Board; and (7) adopt Resolution No. __________.
Finance
5. Re: RESOLUTION NO. ____________ - PRELIMINARY FISCAL YEAR 2014/15 PROPOSED ANNUAL BUDGET DOCUMENT
Transmittal 1
SUMMARY: Attached for your input and review is the preliminary draft document to be provided to the City of Los Angeles City Administrative Officer (CAO) for its review and inclusion in the budget submittal of the Mayor to the Council as required in accordance with Article III of the Charter of the City of Los Angeles. Section 312 of Article III requires on or before April 20 of each year that the Mayor submit to the Council a budget for the next fiscal year. While the City Charter requires final adoption of the annual budget by the Board of Harbor Commissioners (Board), the Board may consider feedback provided during the City budget discussions prior to final adoption, which usually occurs in June. It is recommended that the preliminary Fiscal Year (FY) 2014/15 proposed annual budget document (Transmittal 1) be transmitted to the CAO following the March 20, 2014 discussion with the Board. The due date to the CAO this year is March 24, 2014.
Recommendation: Board resolve to (1) authorize the Executive Director to transmit the Harbor Department’s preliminary proposed budget document to the CAO (Transmittal 1); (2) authorize the Executive Director, or designee, to make any technical adjustments consistent with Board feedback to the preliminary Fiscal Year 2014/15 proposed budget document as discussed on March 20, 2014; (3) instruct the Executive Director to report back within 90 days with additional recommendations on revenue enhancements and expense reductions as it relates to the budget; and (4) adopt Resolution No.____________.
I. CLOSED SESSION
1. 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 Negotiator: Michael Galvin
Tenant Negotiators: Eric Johnson, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms
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.