Regular Agenda - April 18, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, APRIL 18, 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 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
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes of the Regular Meeting of February 7, 2013 and the Minutes of the Regular and Special Meetings of February 21, 2013 for approval.
G. PRESENTATIONS
Port Police Audit
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 5)
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 Custom Air Warehouse, Inc. and Customs Goods, LLC (Custom Air) to activate its site within FTZ 202, Site 32, located at 12200 Arrow Way, Rancho Cucamonga, California. Site 32 is a building within 15.08 acres of FTZ 202 service area. This site is approximately 60 miles northeast of the Port of Los Angeles (Port). Custom Air will be operating its warehouses under the FTZ procedures. The proposed FTZ Operating Agreement (Agreement) will provide 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 Customs Air Warehouse Inc. and Custom Goods, LLC; (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.____________.
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 NNR Global Logistics USA, Inc. (NNR) to activate its site within FTZ 202, Site 29, located at 21023 S. Main Street, Carson, California. Site 29 is a warehouse of 1.92 acres. This site is approximately 10 miles north of the Port of Los Angeles (Port). NNR will be operating its warehouse under FTZ procedures. The proposed FTZ Operating Agreement (Agreement) will provide 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 NNR Global Logistics USA, Inc.; (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.____________.
Human Resources
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Human Resources Division requests approval of an Agreement with Empathia Pacific, Inc. (Empathia), located in Westlake Village, California, to provide Employee Assistance Program (EAP) services to City of Los Angeles Harbor Department (Harbor Department) employees. On May 8, 2012, First Amendment to Agreement No. E6585 was approved for one year in the amount of $40,000 and expires on June 1, 2013. The proposed Agreement would be for a period of three years for an amount not-to-exceed $120,000. The recommendation to select Empathia is based on the Request for Proposals (RFP) performed by the Harbor Department in September 2012.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, the City does not employ personnel with the required expertise nor is it feasible to do so on a temporary or occasional basis; (2) approve the Agreement with Empathia Pacific, Inc. for EAP services in an amount not-to-exceed $120,000 for a total term of three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to implement the Front Street Beautification Project (Front Street Project), a landscape and street improvement project along the northeast side of Front Street between Pacific Avenue and Swinford Street. The proposed project includes landscaping, a multi-use path, way-finding signage, and widening of Front Street. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 13-06, a Level I, non-appealable permit for the proposed project.
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 a Level I non-appealable Coastal Development Permit No. 13-06, consistent with the project description contained in Application for Discretionary Project No. 110224-026; and (3) adopt Resolution No.____________.
Port Police
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Cooperative Agreement with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) for the reimbursement of funds allocated to the Harbor Department under Fiscal Year (FY) 2012 Port Security Grant Program (PSGP). DHS awarded a Federal grant in the amount of $6,900,000, to the Harbor Department on September 1, 2012.
Items approved for grant reimbursement subsequent to expenditure by the Harbor Department are as follows: Los Angeles Port Police (Port Police) Marine Unit Vessel Replacements ($1,875,000); Security System Integration, Maintenance and Repair ($3,000,000); Port Police Dog Kennel Phase II ($375,000); and Information Technology (IT) Security ($1,650,000). The award is for a two-year period ending August 31, 2014. A 25% cost share is required under this PSGP, and will be funded by the Harbor Department. The Department’s total cost share for the project is $2,300,000, for a total cost of $9,200,000 for all projects.
Recommendation: Board resolve to (1) approve the Cooperative Agreement between the Harbor Department and United States Department of Homeland Security, Federal Emergency Management Agency for reimbursement of funds allocated to the Harbor Department under Fiscal Year 2012 Port Security Grant Program; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed Cooperative Agreement for and on behalf of the Board; (3) authorize the Harbor Department to proceed with the four projects approved for funding by the United States Department of Homeland Security, Federal Emergency Management Agency; and (4) adopt Resolution No.____________.
REGULAR ITEMS (6 & 7)
Construction
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has committed to the timely delivery of an Intermodal Container Transfer Facility (ICTF) as part of the Berths 136-147 Trans Pacific Container Service (TraPac) expansion program. Staff recommends that construction of the Berths 142-147 ICTF Project, be performed by prequalified contractors to ensure timely completion of the project. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City). This Board Report sets forth characteristics of the proposed project and the justification for utilizing the prequalification process to attain benefits for the City. The estimated construction cost is $75 million. The Project is state funded under the Proposition 1B Trade Corridor Improvement Fund (TCIF) up to $20.7 million.
Recommendation: Board resolve to (1) approve the Resolution for Prequalification of Bidders, finding that utilization of the bidder prequalification process for construction of the Berths 142-147 ICTF project would benefit the City of Los Angeles, pursuant to Section 375 of the Los Angeles City Charter and Section 10.18 of the Los Angeles City Administrative Code, for the Project; and (2) adopt Resolution No.____________.
Contracts & Purchasing
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Contracts and Purchasing Division (CPD) is requesting approval to award an Agreement to Merriwether & Williams Insurance Services (Los Angeles, CA), and enter into a Memorandum of Understanding (MOU) among the City of Los Angeles Harbor Department (Harbor Department) and the Office of the City Administrative Officer (CAO), the Los Angeles World Airports (LAWA), and the Department of Water and Power (DWP) for the Citywide Bond Assistance Program. The proposed agreement is for a three-year term at an amount not-to-exceed $717,505.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, City employees do not have the expertise to perform the work covered under this Agreement; (2) approve the Agreement with Merriwether & Williams Insurance Services at an amount not-to-exceed $715,505 for a term of three years; (3) approve the Memorandum of Understanding among the City of Los Angeles Harbor Department, the Office of the City Administrative Officer, the Los Angeles World Airports, and the Department of Water and Power; (4) authorize the Executive Director or designee to execute the Agreement and the Memorandum of Understanding and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9 (one case).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) 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. 08-56503
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9 (five cases).
The following parties have filed five separate appeals to the Los Angeles City Council regarding the decision by the Board of Harbor Commissioners to certify the Southern California International Gateway Project (SCIG Project) Final Environmental Impact Report and approve the SCIG project, LAHD ADP No. 041027-199, SCH No. 2005091116.
Appellant: City of Long Beach
Appellant: Coalition for a Safe Environment
Appellant: Fast Lane Transportation, Inc.
Appellant: Long Beach Unified School District
Appellants: Natural Resources Defense Council, Coalition for Clean Air, East Yard Communities for Environmental Justice)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 634 granted to Equilon Enterprises, dba Shell Oil:
Property: Berths 167-169
City Negotiator: Michael Galvin
Tenant Negotiator: Bob Dicks
Negotiating Parties: City and Equilon Enterprises, dba Shell Oil
Under Negotiation: Price and Terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permits 712 and 713 granted to Shore Terminals, LLC (Nustar):
Property: Berth 163
City Negotiator: Michael Galvin
Tenant Negotiator: Chad Edinger
Negotiating Parties: City and Shore Terminals, LLC (Nustar)
Under Negotiation: Price and Terms
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 306 granted to Ultramar, Inc. (Valero):
Property: Berth 164
City Negotiator: Michael Galvin
Tenant Negotiator: Steve Faichney
Negotiating Parties: City and Ultramar, Inc. (Valero)
Under Negotiation: Price and Terms
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Revocable Permit 92-24 granted to Phillips 66 Company:
Property: Berths 148-151
City Negotiator: Michael Galvin
Tenant Negotiator: David Ching
Negotiating Parties: City and Phillips 66 Company
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 560 granted to Vopak Terminals North America, Inc.:
Property: Berths 191-194
City Negotiator: Michael Galvin
Tenant Negotiator: Mike LaCavera
Negotiating Parties: City and Vopak Terminals North America, Inc.
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 704 granted to ExxonMobil Pipeline Company:
Property: Berths 238-140
City Negotiator: Michael Galvin
Tenant Negotiator: Dennis Courtney
Negotiating Parties: City and ExxonMobil Pipeline Company
Under Negotiation: Price and Terms