Agenda - June 16, 2011
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 16, 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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 7)
Business and Trade Development
1. Re: TEMPORARY ORDER NO. ____________ - AMENDING ITEMS 520 AND 550-033 OF THE PORT OF LOS ANGELES TARIFF NO.4, SECTION FIVE “TRANSFERRED MERCHANDISE- WHARFAGE” PERMANENT ORDER NO. ____________ - AMENDING ITEMS 520 AND 550-033 OF THE PORT OF LOS ANGELES TARIFF NO.4, SECTION FIVE “TRANSFERRED MERCHANDISE- WHARFAGE”
SUMMARY: On June 17, 2010, the Board of Harbor Commissioners (Board) approved an amendment to Port of Los Angeles (POLA) Tariff No. 4, Items 520 and 550-033 exempting the assessment of wharfage on Transferred Merchandise for one year, through June 30, 2011. Transferred Merchandise is defined as merchandise received at a municipal wharf or wharf premise by land transportation and subsequently removed from a municipal wharf or wharf premise by land transportation. Staff is recommending the Board approve an amendment to Tariff No. 4, 520 and 550-033, extending the current Transferred Merchandise rule through June 30, 2012.
Recommendation: Board resolve to (1) approve the Amendment to POLA Tariff No. 4, Items 520 and 550-033 subject to the California Association of Port Authorities (CAPA) review and approval, and authorize the Executive Director to work with CAPA to secure this approval or proceed to take independent action in accordance with CAPA procedure; (2) adopt Temporary Order No._________ and Permanent Order No.________ to amend Items 520 and 550-033 in the Port of Los Angeles Tariff No. 4, Section Five, “Transferred Merchandise Wharfage”; (3) authorize the Board Secretary to certify to the adoption of the Temporary Order by the Board and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to Charter Section 653(b); (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the amendments to the POLA Tariff No. 4 pursuant to City Charter 653(a); and (5) authorize the Board Secretary to execute the Temporary Order and Permanent Order and Ordinance amending POLA Tariff No. 4 as stated above, and upon its publication, transmit the Orders and Ordinance to the Chief Wharfinger for implementation and posting to the City of Los Angeles Harbor Department’s (Harbor Department) website as regulated by the Federal Maritime Commission.
Engineering
SUMMARY: The Board of Harbor Commissioners (Board) approved Cooperative Agreement Nos. 08-2717 and 08-2718 (Agreements) between the City of Los Angeles Harbor Department (Harbor Department) and the California Department of Transportation (Caltrans) on behalf of State of California on October 2, 2008, for the John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements and SR-47/I-110 Northbound Connector Widening (Project 1) and “C” Street/I-110 Access Ramp Improvements (Project 2) Projects The existing Agreements will expire on June 29, 2011. The extension of the Agreements is necessary to complete the Project Approval/Environmental Document (PA/ED), Plans, Specifications and Estimates (PS&E), and Right of Way (ROW) phases of both projects. These Agreements set terms and conditions under which these two projects are to be developed, designed, and financed. The First Amendment(s) to the Cooperative Agreements, if approved by the Board, will extend these Cooperative Agreements through November 30, 2021, for John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements and SR-47/I-110 Northbound Connector Widening and October 31, 2022, for “C” Street/I-110 Access Ramp Improvements.
Recommendation: Board resolve to (1) approve Amendment to Cooperative Agreement No. 07-4781 (Harbor Department Agreement No. 08-2717) between the City of Los Angeles and Caltrans District 7 for Project Approval/Environ-mental Document Plans, Specifications and Estimates, and Right of Way certification for Project 1; (2) approve Amendment to Cooperative Agreement No. 07-4782 (Harbor Department Agreement No. 08-2718) between the City of Los Angeles and Caltrans District 7 for Project Approval/Environ-mental Document, Plans, Specifications and Estimates, and Right of Way certification for Project 2; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Amendment(s) to Cooperative Agreements for and on behalf of the Board; and (4) adopt Resolution No. ________.
SUMMARY: Through design/build Agreement No. 2623 (Agreement), for the Passenger Complex Perimeter Security/Control Project (Project No. 4), Adesta Limited Partnership (Adesta) of Torrance, California, provided the City of Los Angeles Harbor Department (Harbor Department) with a security surveillance system for the World Cruise Center. The project is complete and Adesta has signed the Affidavits of Completion on September 17, 2010 stating that no outstanding claims or unresolved issues exist. Staff recommends the Board of Harbor Commissioners (Board) authorize the Executive Director to execute Authority for Adjustment (AFA) No. 7 for a credit of $340,543. An AFA is a contract instrument that allows the Harbor Department to add or delete work to a contract. Any AFA that increases or decreases the contract by more or less than $150,000 requires Board approval. AFA No. 7 will close out funds not used under the Agreement’s allowance items, tasks 11 through 15. In addition, staff recommends that the Board formally accept the contract as complete in the amount of $2,099,792. This will allow the Executive Director to release $10,000 in remaining retention being held by the Harbor Department.
Recommendation: Board resolve to (1) approve and authorize the Executive Director to execute Authority for Adjustment No. 7, which decreases the contract by $340,543; for a contract total of $2,099,792; (2) receive for information the AFA Summary Log (Transmittal No. 3); (3) approve and accept the subject contract as complete; and (4) adopt Resolution No. _______.
SUMMARY: Through design/build Agreement No. 2498 (Agreement), the Facility Security Enhancements Project, Adesta Limited Partnership (Adesta) of Torrance, California, provided the City of Los Angeles Harbor Department (Harbor Department) with a security surveillance and access control system for various Port of Los Angeles (Port) facilities. Staff recommends the Board of Harbor Commissioners (Board) authorize the Executive Director to execute Authority for Adjustment (AFA) No. 37 for a credit of $251,543. An AFA is a contract instrument that allows the Harbor Department to add or delete work to a contract. Any AFA that increases or decreases the contract by more or less than $150,000 requires Board approval. AFA No. 37 will close out funds not used under the Agreement’s allowance items, tasks 12 through 15. In addition, staff recommends that the Board formally accept the contract as complete in the amount of $9,935,809. This will allow the Executive Director to release $12,487 in remaining retention held by the Harbor Department.
Recommendation: Board resolve to (1) approve and authorize the Executive Director to execute Authority for Adjustment No. 37, which decreases the contract by $251,543; for a total contract amount of $9,935,809; (2) receive for information the AFA Summary Log (Transmittal No. 3); (3) approve and accept the subject contract as complete; and (4) adopt Resolution No. ______.
Environmental
SUMMARY: The Rypos Advanced Diesel Emission Control System Demonstration (Project) is an existing project under the Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) funded through a cost share agreement with the Port of Long Beach (POLB). Staff is recommending an amendment to the cost share agreement to accommodate changes in the project schedule. The Project is currently demonstrating a hybrid diesel exhaust filter system, configured with a diesel oxidation catalyst (HDPF/C) on both a rubber tired gantry crane and a top-handler. The recommended TAP funding amount remains at $129,336 with the costs shared equally by the City of Los Angeles Harbor Department (Harbor Department) and the POLB. Delays in the project have resulted in the need to modify payment milestones and project schedule, thus extending the project term beyond its original one-year term. An amendment to the project cost share agreement E6569 (Transmittal 1) has been prepared to accommodate an extension of the Project deadline from 12/20/2011 until 12/31/2012 (an increase of approximately one year beyond the initial one-year demonstration period). The total grant amount remains the same.
Recommendation: Board resolve to (1) approve the First Amendment to Cost Share Agreement No. E6569 between the Harbor Department and POLB for the reimbursement of $64,668 as established by the Clean Air Action Plan Master Cost Sharing Agreement No. 2546; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (3) adopt Resolution No. _________.
SUMMARY: In December 2007, the Board of Harbor Commissioners (Board) awarded an Air Quality Mitigation Improvement Program (AQMIP) Grant Agreement in the amount of $875,000 to Seaside Transportation Services, LLC. (STS) located in Terminal Island, California to retrofit 14 rubber-tired gantry cranes (RTG) with California Air Resources Board (CARB) Level III diesel particulate filters (DPFs). However, since the date of award, the DPF technology has not been verified by CARB and, therefore, STS has been unable to begin the retrofits. No grant funds have been disbursed, pursuant to the initial agreement. Due to the lack of verified technology for the DPFs, STS has requested that $350,000 of the grant be reallocated to retrofit 14 top picks with CARB-verified Level II emission control technologies (Project). STS has also requested that the remaining $525,000 be held in abeyance and applied to the RTG retrofit project if and when the DPF technology is verified. A second agreement will be brought to the Board for consideration when the DPF technology is verified and the originally approved project can be completed. As Agreement 2662 is due to expire on August 10, 2011, the City of Los Angeles Harbor Department (Harbor Department) elected to terminate and cancel the Agreement 2662 per Section VI, Paragraph A of said agreement (Transmittal 1) and request that the Board authorize and approve a new Agreement (Transmittal 2). Retrofitting the top picks with CARB-verified Level II emission control technologies is expected to reduce Particulate Matter (PM) emissions by 0.70 tons per year, which is a greater emissions reduction than estimated pursuant to the originally approved project.
Recommendation: Board resolve to (1) ratify the action by the Director of Environmental Management to terminate Agreement No. 2662 under which no grant funds were disbursed, no expenses incurred, nor services performed; (2) approve the three-year Air Quality Mitigation Improvement Program Grant Agreement between the Harbor Department and Seaside Transportation Services, LLC., in the not-to-exceed amount of $350,000 for 14 top pick retrofits; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; (4) authorize staff to negotiate a three-year Air Quality Mitigation Improvement Program Grant Agreement between the Harbor Department and Seaside Transportation Services, LLC., in the not-to-exceed amount of $525,000 to retrofit RTGs; and (5) adopt Resolution No.________.
Port Police
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Understanding (MOU) with the City of Los Angeles Police Department (LAPD) for the purpose of providing cost share reimbursement to LAPD in accordance with the U.S. Department of Homeland Security (DHS), Fiscal Year (FY) 2008, and Port Security Grant Program (PSGP). Under this program, LAPD submitted three Investment Justifications (IJ) which were awarded in the amount of $312,000. The Harbor Department has agreed to reimburse LAPD for its obligated 25% cost share of $78,000. Equipment purchased will benefit the City of Los Angeles Tidelands Trust because the MOU requires that it shall be utilized by LAPD within the San Pedro Bay Port Complex and LAPD Harbor Area Command. Funds for this have been approved and available in the Port Police Division’s FY 2010/11 budget.
Recommendation: Board resolve to (1) approve the MOU between the Harbor Department and LAPD to provide cost share reimbursement to LAPD for purchase of equipment in accordance with the Department of Homeland Security, FY 2008, Port Security Grant Program in the amount of $78,000; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed MOU for and on behalf of the Board; and (3) adopt Resolution No. ________, accepting the MOU with LAPD.
REGULAR ITEMS (8-14)
Construction
SUMMARY: This contract will improve the security system along Port of Los Angeles waters in areas of San Pedro and Terminal Island by installing fiber optic conduit and cable to create a redundant system configuration. The lowest responsive and responsible bidder is S.H.E. Engineering & Construction Group, Inc., a Very Small Business Enterprise located in Reseda, CA. The contract amount plus a 20% contingency is $2,227,868, and the contract duration is 240 calendar days. This project is federally funded under the California Port and Maritime Security Grant Program up to $2,200,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board of Harbor Commissioners; (3) award the above mentioned contract for Item Nos. 1 through 10 of the proposal schedule to S.H.E. Engineering & Construction Group, Inc. (S.H.E.) in the amount of $1,856,556; that a 20% contingency not included in the original contract amount be applied for a total authorization of $2,227,868; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 240 calendar days from the Notice to Proceed; (4) in accordance with City Charter 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (5) adopt Resolution No. _______.
Construction and Maintenance
Transmittal 9
SUMMARY: The Construction and Maintenance Division (C&M) is responsible for the inspection and maintenance of timber wharves and the assessment of underwater slopes for wharf structures throughout the Port of Los Angeles (Port). C&M requests the approval of one-year agreements, each with two one-year renewal options, to Parker Diving Service, Inc. of Long Beach, California, and American Marine Corporation of San Pedro, California for on-call underwater diving services. The amount of each of these agreements shall not exceed $550,000 per year, and the total for these services each year shall not exceed $1,100,000. Two agreements are being issued for these services in order to ensure that the Harbor Department has the capabilities necessary to deploy two dive teams at any time.
Recommendation: Board resolve to (1) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreements (underwater diving services) can be performed more feasibly by independent contractors than by City employees; (2) approve an agreement with American Marine Corporation, in the amount of $550,000 per year for a period of one year with two one-year renewal options; (3) approve an agreement with Parker Diving Services, in the amount of $550,000 per year for a period of one year with two one-year renewal options; (4) authorize the Executive Director to execute agreements with Parker Diving Service and American Marine Corporation and two one-year renewal options for each agreement at the discretion of the Executive Director; and (5) adopt Resolution No. _________ .
Engineering
SUMMARY: The State of California Department of Parks and Recreation is accepting grant applications for funds made available through the Proposition 84 Statewide Park Development and Community Revitalization Program - Round Two. It is recommended that the City of Los Angeles Harbor Department (Harbor Department) apply for a $5 million grant, the maximum amount allowed, for the Downtown Harbor Project. The grant is a reimbursable grant and while it does not require matching funds, it does require completion of the project prior to reimbursement. The Downtown Harbor Project has an estimated total cost of approximately $36 million.
Recommendation: Board resolve to (1) authorize and direct the Executive Director to apply to the State of California Department of Parks and Recreation for a $5 million “Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006” - Proposition 84 Statewide Park Program Grant for the Downtown Harbor Project (Transmittal 2); (2) authorize and direct the Executive Director to negotiate and return to the Board of Harbor Commissioners for consideration of the grant agreement with the California State Department of Parks and Recreation for any grant award; (3) adopt Resolution concerning the State Application for Grant Funding for the Downtown Harbor Project, Resolution No. _______ (Transmittal 1); and (4) adopt Resolution No. _______.
Goods Movement
SUMMARY: In 2008, the California Transportation Commission (CTC) approved $40 million of State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the following three City of Los Angeles Harbor Department (Harbor Department) transportation projects: South Wilmington Grade Separation; Interstate (I)-110 C Street Interchange; and I-110/John S. Gibson Street Interchange & Southbound (SB) State Route (SR) 47/Northbound (NB) I-110 Connector Ramp Improvements. On June 19, 2008, the Board of Harbor Commissioners (Board) approved the CTC required “Baseline Agreements” that set forth project scope, expected benefits, schedule, cost, and a funding plan. The CTC has requested that these baseline agreements be amended to update the latest schedules and project costs from those that were approved in 2008. These amendments, along with possible future amendments revising schedules and costs, are also needed prior to seeking a formal allocation of the funds from the CTC. The Harbor Department will also need to request a “Letter of No Prejudice” (LONP) from the CTC, which permits construction to commence prior to the issuance of the bond funds and formal CTC allocation.
Recommendation: Board resolve to (1) approve the three “Amended Baseline Agreements” substantially as to form; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, these three “Amended Baseline Agreements,” for and on behalf of the Board; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, future amended baseline agreements to account for revised project schedules and reduced project costs, for and on behalf of the Board; (4) authorize the Executive Director to request “Letters of No Prejudice” from the California Transportation Commission for the three projects; and (5) adopt Resolution No._______.
Planning and Economic Development
12. Re: RESOLUTION NO. ____________ - FOR THE APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND BERGAMOT STATION, LTD. FOR THE ADAPTIVE REUSE OF WAREHOUSE NOS. 9 & 10
Transmittal 1
SUMMARY: It is recommended that the Board of Harbor Commissioners (Board) approve an Exclusive Negotiating Agreement (ENA) between the City of Los Angeles Harbor Department (Port) and Bergamot Station, Ltd. (Developer) to negotiate the potential adaptive reuse of Warehouse Nos. 9 & 10 as a visitor-serving art and craft center. The ENA is for a period of 120 days to allow the Port and Developer to perform due diligence, refine the development concept, and attempt to negotiate more detailed documents ultimately intended to culminate in a ground lease. These documents would require future Board approval. During the ENA period, the Port will not negotiate with any other party for any other development of Warehouse Nos. 9 & 10 and the Developer will not negotiate with any other party at any other property for a similar use. While the proposed reuse of the warehouses is generally consistent with the use assessed in the Board approved San Pedro Waterfront Project Environmental Impact Report/Environmental Impact Statement (EIR/EIS), further environmental analysis may be required after the development concept is more fully defined.
Recommendation: Board resolve to (1) approve the Exclusive Negotiating Agreement between the City of Los Angeles and Bergamot Station, Ltd.; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; and (3) adopt Resolution No. ________.
SUMMARY: On March 17, 2009, the Port of Los Angeles Community Advisory Committee (PCAC) approved Recommendation No. 97, requesting an analysis be conducted to determine the capacity of local boatyards to provide maintenance service to recreational vessels from marinas in the Port of Los Angeles (Port). On January 18, 2011, PCAC approved Recommendation No. 106 supporting the Wilmington Marinas/Anchorage Road Soil Storage Site (ARSSS) Conceptual Plan and requested the Board to direct staff to: (1) initiate design of the proposed concept and establish a project schedule for completion; (2) identify funding sources and allocate funding to the project without jeopardizing existing or already defined Wilmington Waterfront projects; (3) establish construction goals and timelines for completing the project; (4) conduct a feasibility study on a proposed access road to the marinas to bypass the Henry Ford rail junction; and (5) request City of Los Angeles Harbor Department (Harbor Department) staff to continue to work with PCAC to identify other wetland opportunity sites and implement further wetland restoration. Staff recommends the Board of Harbor Commissioners (Board) approve the PCAC’s Recommendation No. 97 and PCAC’s support of the Wilmington Marinas/ARSSS Conceptual Plan and Item 5 of Recommendation No. 106 and deny Items 1, 2, 3, and 4 of the subject recommendation but direct staff to pursue sources of grant funding to implement the Wilmington Marinas/ARSSS Conceptual Plan.
Recommendation: Board resolve to (1) consider and approve PCAC Recommendation No. 97 and authorize staff to complete the analysis of the capacity of the local boatyards to accommodate the recreational vessels moored at the Port marinas; (2) consider and approve PCAC Recommendation No. 106 recommending that the Board approve the Wilmington Marinas/ARSSS Conceptual Plan and Item 5 of the subject recommendation; deny Items 1, 2, 3, and 4 of the recommendation; and direct staff to pursue grant funding in support of the implementation of the Wilmington Marinas/ARSSS Conceptual Plan; and (3) adopt Resolution No._________. Wilmington Marinas Program Presentation - Director of Planning & Research David Mathewson
Office of the City Attorney
SUMMARY: City proposes to execute the attached Funding Agreement Regarding Dominguez Oil Release, an agreement among the Alameda Corridor Transportation Authority (“ACTA”), the Port of Los Angeles, and the Port of Long Beach which provides the terms under which the two Ports are advancing funds to ACTA to assist with its response to the oil spill. The agreement also governs the reimbursement of such funds to the Ports should ACTA recover any response costs from a third party and/or the Oil Spill Liability Trust Fund.
Recommendation: Board resolve to approve the Funding Agreement Regarding Dominguez Oil Release among Alameda Corridor Transportation Authority, the Port of Los Angeles, and the Port of Long Beach; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Funding Agreement Regarding Dominguez Oil Release; and (3) adopt Resolution No. __________.
G. 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
2. 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.
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 (two cases).