Regular Agenda - June 6, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 6, 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.
CONVENE IN MEMORY OF MARIO ALMANZA
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
G. PRESENTATIONS
Marketing Plan - Mike DiBernardo, Director, Business Development
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 11)
Business and 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 Fujitrans U.S.A., Inc., (Fujitrans), located in Carson, California, to exercise their first renewal option to extend their FTZ Operating Agreement No. 2648 (Agreement No. 2648) at FTZ 202, Site 10B. The original term of the agreement is five years with three, five-year renewal options. The original agreement commenced October 1, 2008 and is set to expire on September 30, 2013. Any change made to an original operating agreement between the Harbor Department and operator requires an amendment to the agreement. Upon approval, the First Amendment (Amendment) will extend Agreement No. 2648 for five years through to September 30, 2018. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 2648. All remaining terms and conditions of Agreement No. 2648 shall remain in full force and effect. There is no cost to the Harbor Department if approved.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 2648 between the City of Los Angeles Harbor Department and Fujitrans U.S.A., Inc.; (2) direct the Board Secretary to transmit the proposed First Amendment 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. 2648; and (4) adopt Resolution No. ____________.
Construction
Transmittal 1
Transmittal 2
SUMMARY: Change Order No. 7 to Contract No. 2283 (South Wilmington Grade Separation project), in the amount of $1,500,000, authorizes MCM Construction, Inc. (MCM) to furnish and install steel piles in lieu of 24-inch octagonal concrete piles, as a material substitution for the South Wilmington Grade Separation Project (Project). These piles are the foundation for the grade separation structure linking Harry Bridges Boulevard, Pier A Street and Fries Avenue with a proposed new entrance to the Trans Pacific Container Service Corp. (TraPac) Terminal. Contract No. 2283 was approved by the Board of Harbor Commissioners (Board) on November 1, 2012 in the amount of $55,707,438 including a 10% contingency in the amount of $5,064,313. Therefore, there is adequate contingency funding for the $1,500,000 under this Change Order. This Project is partially state-funded under the Proposition 1B, State Trade Corridor Improvements Fund through the State of California Department of Transportation, in the amount of $17,000,000 and funded under the Los Angeles County Metropolitan Transportation Authority (LACMTA) under Prop C in the amount of $19,288,000.
Recommendation: Board resolve to (1) approve and authorize the Executive Director to execute Change Order No. 7 for a not-to-exceed amount of $1,500,000; and (2) adopt Resolution No. ____________.
Engineering
Transmittal 1
Transmittal 2
SUMMARY: In February 2012, the California Transportation Commission (CTC) approved programming of $56.581 million of State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the construction phase of the following planned City of Los Angeles Harbor Department (Harbor Department) projects: TCIF No. 86 Alameda Corridor West Terminus Intermodal Railyard (TraPac Terminal On-Dock Railyard) and TCIF Nos. 87.1 and 87.2 Port of Los Angeles (POLA) Cargo Transportation Improvement-Emission Reduction Program (TraPac Terminal-Automated Component) – Phases I and II. The First Amendments to the “Baseline Agreements” are requested for a funding allocation request increase of $3.5 million to TCIF No. 87.2, project schedule changes, and cost changes. These changes are reflected in the amended signature pages and amended Project Programming Request (PPR) forms. These Amendments to the “Baseline Agreements” will be transmitted to the CTC for their approval at their June 11, 2013 meeting.
Recommendation: Board resolve to (1) approve the First Amendments to the “Baseline Agreements” substantially as to form for the Alameda Corridor West Terminus Intermodal Railyard “Baseline Agreement” TCIF No. 86 and the Port of Los Angeles Cargo Transportation Improvement-Emission Reduction Program “Baseline Agreement” TCIF No. 87; (2) authorize the Executive Director to execute and the Board Secretary to attest to, these “Amended Baseline Agreements,” for and on behalf of the Board; (3) authorize the Executive Director to execute future amended baseline agreements to account for revised project schedules and reduced project costs, for and on behalf of the Board, subject to the City Attorney’s approval as to form and legality; (4) authorize the Executive Director to request “Letters of No Prejudice” from the California Transportation Commission for the projects; and (5) adopt Resolution No. ____________.
Transmittal 1
SUMMARY: The subject Agreement with the City of Los Angeles Harbor Department (Harbor Department) and Herzog Transit Services, Inc., St. Joseph, MO (Consultant), will provide for the operation and maintenance of the Waterfront Red Car Line. This action will authorize a Personal Service Agreement (Transmittal 1) for a three-year term in the amount of $4,264,748.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles (City) Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants rather than by City employees; (2) approve the subject three-year Agreement with Herzog Transit Services, Inc., in the amount of $4,264,748; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Environmental
5. Re: RESOLUTION NO. ____________ - FUNDING REQUEST TO REMEDIATE THE FORMER SOUTHWEST MARINE SHIPYARD SITE
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing a budgetary transfer in the amount of $5 million from the Unappropriated Balance (UB) to the Harbor Department’s Operating Expense Budget, Remediation Center 0331. The transfer will recognize, in the Harbor Department’s Statement of Expenses, the estimated landside cost to remediate the former Southwest Marine shipyard site (SWM Site) at Berth 240. This recognition complies with the Government Accounting Standards Board (GASB) Statement No. 49. This budgetary transfer requires the approval of the Board of Harbor Commissioners (Board) as well as the Mayor, in compliance with the Los Angeles City Charter Section 343(b).
Recommendation: Board resolve to (1) approve a $5 million budgetary transfer from the Unappropriated Balance to Account 59960, Center 0331, Program 000 to record the remediation obligation at the former Southwest Marine shipyard site at Berth 240 in compliance with the Government Accounting Standards Board Statement No. 49; (2) direct the Board Secretary to transmit the Resolution to the Mayor for approval pursuant to Section 343(b) of the City Charter; (3) direct the Board Secretary to notify the City Clerk of such transfer pursuant to Section 343(b) of the City Charter at the time such transfer is made; and (4) adopt Resolution No. ____________.
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) are proposing to undertake a comprehensive study to document the current biological characteristics of the Los Angeles and Long Beach Harbors (Harbors). The study will be used to assess biological status of the harbors for biological mitigation planning and in support of National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documents and regulatory permitting. This comprehensive study will evaluate the area’s physical and ecological characteristics, including surveys of kelp, eelgrass, plankton, fish, and marine birds. It will also address seasonal variations and the presence of invasive species, if any, and will compare the ecological characteristics of various types of habitats and regions of the ports of Los Angeles and Long Beach. The 2013 biological survey is intended to be comparable to previous studies conducted in the Harbors. The Cost Share Agreement identifies the POLB as the contracting port and establishes that the costs associated with the 2013 Biological Survey will be shared by the Harbor Department and the POLB in the amount of $528,580 and $487,920, respectively, based on a previously-established 52% - 48% split.
Recommendation: Board resolve to (1) approve the Cost Share Agreement with the Port of Long Beach for the reimbursement of $528,580 from the City of Los Angeles Harbor Department to the Port of Long Beach; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Cost Share Agreement for and on behalf of the Board; and (3) adopt Resolution No. ____________.
Office of the City Attorney
Transmittal 1
Transmittal 2
SUMMARY: As part of its representation of the Harbor Department (Department), the Office of the City Attorney handles litigation, administrative proceedings, and other legal matters that from time-to-time require discovery and document services including such things as collection and processing of electronic data for discovery, and document scanning and photocopying. The Office of the City Attorney (Office) requests the Board of Harbor Commissioners (Board) to approve and award agreements to two companies that were selected from a competitive RFP process: Document Technologies, LLC, dba DTI (DTI) located in Atlanta, Georgia with local offices in Los Angeles and APC Technology Inc., dba Legal X (APC Technology), located in Los Angeles. DTI is an OBE and APC Technology is a SBE and WBE. Each agreement will be for three years for a combined total appropriation request not-to-exceed $100,000.
Recommendation: Board resolve to (1) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (2) approve the individual and separate Agreements with (a) Document Technologies, LLC with a not-to-exceed amount of $70,000 and (b) APC Technology Inc. with a not-to exceed amount of $30,000, each for a period of three years; (3) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (4) adopt this Resolution No. _____________.
Transmittal 1
Transmittal 2
SUMMARY: The Office of the City Attorney recommends that the Board of Harbor Commissioners (Board) approve the selection of various law firms to provide bond and disclosure counsel services to the Harbor Department (Department). The Department’s Debt and Treasury Division has indicated that bond and disclosure counsel assistance will be required in the future with respect to any future bond transactions, the Commercial Paper Notes Program, annual and continuing disclosure services, and any other financing projects related to capital improvement projects. Outside bond and disclosure counsel services are an absolute necessity because the ability to close any bond or commercial paper transaction and thereby sell the transaction to the financial market is predicated on the issuance of opinion letters by outside law firms regarding the Department’s transactional procedures and disclosure. Moreover, the Department may at times require such specialized bond and tax advice that reliance upon outside law firms for these services is required. The Office of the City Attorney requests the Board to approve and award agreements to three firms that were selected from a competitive RFP process: (1) Kutak Rock LLP, (2) Nixon Peabody LLP, and (3) Polsinelli Shughart LLP. Each agreement will be for three years for a combined total appropriation request of $180,000.
Recommendation: Board resolve to (1) find in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (2) approve the individual and separate Agreements with (a) Kutak Rock, LLP in the amount of $60,000, (b) Nixon Peabody LLP in the amount of $60,000 and (c) Polsinelli Shughart LLP in the amount of $60,000, each for a period of three years from June 19, 2013 through June 18, 2016; (3) authorize the Executive Director and Board Secretary to execute and attest to the Agreements; and (4) adopt Resolution No. _______________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: On January 11, 2010, the City of Los Angeles Harbor Department (Harbor Department) entered into an Agreement with Science Applications International Corporation (SAIC) for security system maintenance, repair, installation, and integration of security and public safety systems. The Agreement expired on January 11, 2013. The Harbor Department continues to require assistance in carrying out these functions. Interim emergency maintenance and repair services are being provided by SAIC through a limited Purchase Order. After conducting a Request for Proposals (RFP), the proposed action recommends the Board of Harbor Commissioners (Board) enter into an Agreement with Convergint Technologies LP (Convergint) of Orange, California, to provide professional services to assist the Harbor Department with the maintenance, repair, replacement, installation, and integration of equipment related to security systems. These systems include, but are not limited to, Closed Circuit Television (CCTV), access control and networking. The scope of this Agreement also includes system upgrades (hardware and software) that may be needed in order to enhance system performance or add to the system’s overall capabilities. This action will authorize a one-year contract term with two, one-year renewal options, for an amount not to exceed $4,000,000. Funding for this project is provided through the Fiscal Year (FY) 2012 Port Security Grant Program (PSGP) in the amount of $3,000,000. A 25 percent cost share in the amount of $1,000,000 is required under this PSGP and will be funded by the Harbor Department. The grant award is for a two-year period ending August 31, 2014. Pending Board approval, the Harbor Department will request future funding for continued security systems maintenance through the FY 2013 PSGP and the Harbor Department’s annual budget process.
Recommendation: Board resolve to (1) find in accordance with the City Charter Section 1022 that, although portions of the work under the subject Agreement can be performed by City employees, the work assignment exceeds staffing availability and time constraints require immediate staffing of the project; (2) approve the proposed Agreement between the City of Los Angeles and Covergint Technologies LP to provide maintenance, repair, replacement, installation, and integration of equipment related to security systems for a term of one year with Executive Director authority to exercise two additional one-year renewal options for a total not to exceed cost of $4,000,000 for the three-year period; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement for and on behalf of the Board; and (4) adopt Resolution No. _______________.
Real Estate
Transmittals
SUMMARY: Permit No. 513 (Permit) is a 50-year permit, effective November 26, 1984 through November 25, 2034, which grants the United States of America, through the Department of the Navy (US Navy) approximately 102,840 square feet of surface and subsurface right of way for a petroleum pipeline on City of Los Angeles Harbor Department (Harbor Department) land and water primarily located on Terminal Island. It is proposed that for the five-year period of November 26, 1999 through November 25, 2004, compensation be set at $61,665 annually; for the five-year period November 26, 2004 through November 25, 2009, compensation be set at $71,345 annually; and for the five-year period November 26, 2009 through November 25, 2014, compensation be set at $86,003 annually.
Recommendation: Board resolve to (1) approve the Order resetting compensation under Permit No. 513 for the following five-year periods: November 26, 1999 through November 25, 2004; November 26, 2004 through November 25, 2009; and November 26, 2009 through November 25, 2014; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation to be paid by the United States of America through the Department of the Navy, Naval Facilities Engineering Command, Southwest Division, San Diego pursuant to Section 4(c) of Permit No. 513; and (3) adopt Order No. ____________.
Information Technology
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into an agreement with C3 Business Solutions, Inc. (C3) to provide professional services to support and maintain the City of Los Angeles Harbor Department’s (Harbor Department) new Enterprise Resource Planning (ERP) System. The new ERP has been in use since October 1, 2012 with the Harbor Department already seeing lower operating costs and improved information management, processing, and controls when compared to the previous financial system. As with any sophisticated software package, City staff cannot perform all of the work required to support and maintain the ERP due to its proprietary and specialized nature. In order for the ERP to continue to function in the most efficient and productive manner, the proposed professional services agreement is required on an as-needed basis, to assist Harbor Department staff and to provide knowledge transfer. The recommendation to select C3 is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. C3 is a qualified Small Business Enterprise (SBE); therefore 100% of the agreement will contribute towards the Harbor Department’s SBE goals. C3 is located in Santa Ana, California and also qualifies for the Harbor Department’s Local Business Preference Program (LBPP). The term of the proposed agreement is three years at a not-to-exceed amount of $1,200,000.
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 with C3 at an amount not-to-exceed $1,200,000 for a three year term; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement; and (4) adopt Resolution No. ____________.
REGULAR ITEMS (12 - 16)
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: The Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) Advisory Committee (AC) has reviewed and recommends funding for the Transportation Power, Inc. (TransPower) Electric Drayage Pre-Commercial Demonstration Project (Project). The Project will demonstrate electric drayage trucks which utilize advanced zero-emission electric propulsion systems. The total TAP funding amount is $300,000 which will be shared equally by the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) for a total of $150,000 from each. TAP funding will be leveraged with funding from the California Energy Commission (CEC), Department of Energy (DOE), and TransPower for a total Project cost of approximately $4.4 million. Staff recommends that the Board of Harbor Commissioners (Board) approve and enter into a Grant Agreement with TransPower located in Poway, California for this Project in the total not-to-exceed amount of $300,000 as well as approve and enter into a Cost Share Agreement with the POLB. The proposed technology, if successfully demonstrated, would eliminate all tailpipe emissions from drayage trucks including diesel particulate matter (DPM), sulfur oxides (SOx), and oxides of nitrogen (NOx) emissions.
Recommendation: Board resolve to (1) approve the Technology Advancement Program Grant Agreement with Transportation Power, Inc. for the total not-to-exceed amount of $300,000; (2) approve the Cost Share Agreement with the Port of Long Beach for the reimbursement of $150,000 from the Port of Long Beach to the City of Los Angeles Harbor Department, as established by the Clean Air Action Plan Master Cost Sharing Agreement No. 2546; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Grant Agreement with Transportation Power, Inc. for and on behalf of the Board; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Cost Share Agreement with the Port of Long Beach for and on behalf of the Board; and (5) adopt Resolution No. _________.
Executive Offices
Transmittal 1
Transmittal 1a
Transmittal 1b
Transmittal 1ci
Transmittal 1cii
Transmittal 1ciii
Transmittal 1civ
Transmittal 1cv
Transmittal 1cvi
SUMMARY: In accordance with the Operating Agreement of the TraPac Memorandum of Understanding (Operating Agreement), the Harbor Community Benefit Foundation (HCBF) hereby submits a request to approve Round 2 of funding for grant awards to local clinics and other health service providers for projects aimed at addressing health impacts from air pollution from Port related sources. Approval will allow the HCBF to fund Round 2 for the Health Care Grant Program contemplated in the Operating Agreement. Staff has reviewed the proposal submitted by the HCBF and recommends approval in accordance with the Operating Agreement of the TraPac Memorandum of Understanding (TraPac MOU).
Recommendation: Board resolve to (1) approve the Harbor Community Benefit Foundation’s request to fund Round 2 of the Health Care Grant Program to grant awards to local clinics and other health service providers for projects aimed at addressing health impacts from air pollution stemming from port operations as Phase 1 of the original TraPac Memorandum of Understanding as followed; Tzu Chi Foundation ($17,500),The Children’s Clinic (TCC) ($101,000), Long Beach Alliance for Children with Asthma ($96,500), Wilmington Health Center (WHC) ($75,000), Harbor Community Clinic ($75,000), and Boys & Girls Club of LA Harbor ($85,000); (2) authorize the Executive Director or her designee to execute a joint letter with the Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum payment of $450,000 from the California Community Foundation to the Harbor Community Benefit Foundation to be used in accordance with this Harbor Community Benefit Foundation’s request; and (3) adopt Resolution No.____________.
Financial Management
14. Re: RESOLUTION NO. ____________ - APPROVAL FISCAL YEAR 2013/14 ANNUAL BUDGET
Transmittal 1
SUMMARY: The proposed Fiscal Year (FY) 2013/14 Proposed Annual Budget of $1,071,114,174 supports the City of Los Angeles Harbor Department’s (Harbor Department) mission as the nation’s No. 1 container port in terms of volume and the global model for sustainability, security, and social responsibility. The Proposed Budget is aligned with the Harbor Department’s Five-Year 2012-2017 Strategic Plan focus on the key result areas of Competitive Operations, Strong Relationships, and Financial Strength. To this end, approximately 42% of the total proposed budget is dedicated to a $399.9 million Capital Improvement Program (CIP), a major strategic priority for developing and maintaining world class infrastructure and a primary driver of the budget. Operating expenses are further aligned to support the CIP and other strategic initiatives, balanced with projected amounts of revenues. The proposed budget is consistent with the Harbor Department’s Financial Policies as it exceeds the financial metrics set forth therein. It is also consistent with the preliminary budget proposal provided to the Board of Harbor Commissioners (Board) on March 28, 2013, although minor changes were made that did not materially affect budget appropriations.
Recommendation: Board resolve to (1) adopt the proposed Fiscal Year 2013/14 Annual Budget for the Harbor Department and appropriate funds in accordance therewith; (2) authorize the Executive Director, or designee, to make any technical adjustments consistent with Board action(s) to the Fiscal Year 2013/14 budget documents, so as to provide for the implementation of this budget; and (3) adopt Resolution No. ____________.
Real Estate
Transmittals
SUMMARY: The Cabrillo Way Marina (Marina), located within the West Channel Basin in San Pedro, consists of 64.14 acres of water and land area and encompasses 697 recreational berthing slips, a 400 dry boat storage area, two crane hoists, a promenade walkway, and related boater and public facilities. In August 2010, the City of Los Angeles Harbor Department (Harbor Department) released a Request for Proposal (RFP) for an operator of the Marina. Six proposals were received by the submittal deadline of November 16, 2010. In February 2012, the review panel selected and recommended Westrec Marina Management, Inc. (Westrec) to operate the Marina under a five-year agreement, with two, five-year options for renewal. Staff is proposing to enter a five-year Operating Agreement with Westrec, with two, five-year options to renew for the operation, management and maintenance of the Marina. The renewal options, at the direction of the Harbor Department, will be based on operational performance evaluations to be conducted annually, as well as monthly and annual monitoring of submitted financial reports and documentation.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for an outside contractor to perform recreational marina management services than City employees; (2) approve the Agreement with Westrec Marina Management, Inc.; (3) direct the Board Secretary to transmit the Operating Agreement to the City Council for approval pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement effective upon approval by City Council; and (5) adopt Resolution No. ____________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: On April 18, 2013, the City of Los Angeles Harbor Department (Harbor Department) received findings of a Performance Audit on Port Police Staffing and Services performed by Bazilio Cobb Associates (BCA), and the Board of Harbor Commissioners (Board) was briefed on its results. The Board asked staff to move forward with implementing the first two recommendations of the BCA findings. The first recommendation suggested the establishment of an executive committee to develop and provide clear policy direction to the Port Police Division (Port Police); and the second recommended development of a strategic plan and road map in cooperation with said committee for presentation to the Board for discussion and approval. In order to proceed with this implementation, staff proposes that the Board formally authorize the establishment of a Harbor Public Safety Committee (HPSC) that would fulfill the role of the executive committee envisioned by BCA. Additionally, it is proposed that the Board, through its HPSC, approve development of Strategic Plan for Public Safety, Homeland Security and Emergency Management (Strategic Plan) for the Port Police. Once approved by the Commission, the Strategic Plan would then be incorporated into the current Harbor Department five-year strategic plan.
Recommendation: Board resolve to (1) approve the establishment of a Board of Harbor Commissioners’ Harbor Public Safety Committee and authorize the President to appoint two Commissioners to serve as members; (2) direct staff to develop a Strategic Plan for Public Safety, Homeland Security and Emergency Management for the Port Police Division in cooperation with the Board of Harbor Commissioners’ Harbor Public Safety Committee; and (3) adopt Resolution No. ____________ to establish a Board of Harbor Commissioners’ Committee on Harbor Public Safety.
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 (seven cases).
The following parties have filed seven 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
Appellant: South Coast Air Quality Management District
Appellants: Cal Cartage, Three Rivers Trucking, LA Harbor Grain & San Pedro Forklift
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: two cases.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. L.A. Harbor Sportfishing, Los Angeles Superior Court Case No. NC044605
4. 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
5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: Eagle Marine Services, Ltd.
Agency claimed against: City of Los Angeles
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to property acquisition:
Property: 320 W. Harry Bridges Blvd., Wilmington
City Negotiator: Ed Robles
Tenant Negotiator: Glenn Fuller, Esq.
Negotiating Parties: City and B&L Lax Family Trust
Under Negotiation: Price and Terms