Agenda - June 21, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 21, 2012 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 Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Dr. 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
Discussion on USS Iowa
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
Audit Committee, Commissioner Doug Krause
Port Efficiency Committee, Vice President David Arian
F. PRESENTATION
ITEP Program Introduction
G. SPECIAL ORDER OF THE DAY
Public Hearing
F. PRESENTATION
ITEP Program Introduction
G. SPECIAL ORDER OF THE DAY
Public Hearing
DRAFT AMENDMENT TO THE PORT OF LOS ANGELES PORT MASTER PLAN – AMENDMENT NO. 27
Public hearing to receive comments pursuant to California Coastal Act of 1976, for Draft Port Master Plan Amendment No. 27 – Al Larson Boat Shop. The amendment would allow Al Larson Boat Shop to modernize and upgrade their existing facility and would create 0.9 acres of new land by constructing two confined disposal facilities of 0.2 and 0.7 acres. The newly created 0.9 acres in Fish Harbor would be located in Planning Area 8 and assigned an "industrial" land use.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 9)
Business Development
Commission Office
2. Re: RESOLUTION NO. ____________ - APPROVAL OF TRAVEL FOR COMMISSIONER SUNG WON SOHN FOR A BUSINESS DEVELOPMENT TRIP TO EUROPE
Recommendation: Adoption of Resolution approving travel for Commissioner Sung Won Sohn from June 23, 2012 thru July 3, 2012 for a Business Development trip to Switzerland, Germany and Denmark.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This proposed contract consists of on-call marine construction to promptly perform unforeseen and urgent work to support the Port of Los Angeles operations and the needs of its customers and community. The contract also includes five identified projects totaling $4,242,000. The lowest responsive bidder for this project is Manson Construction Company, located in Long Beach, California. The contract amount including a 10% contingency is $24,439,140, and the contract duration is 730 calendar days.
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) award the above-mentioned contract for Bid Item Nos. 1 through 97 of the proposal schedule to Manson Construction Company in the amount of $22,217,400, and that a 10% contingency not included in the original contract amount be applied for a total authorization of $24,439,140, and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 730 calendar days from the Notice to Proceed; (3) 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; (4) authorize the Executive Director to execute, and the Board Secretary to attest to, this contract for and on behalf of the Board; and (5) adopt Resolution No. ____________.
Environmental Management
4. Re: RESOLUTION NO. ____________ - MITIGATED NEGATIVE DECLARATION FOR THE INTERSTATE 110/C STREET INTERCHANGE PROJECT (LAHD ADP NO. 081210-136 SCH NO. 2011101037)
Transmittal 1
Transmittal 2
Transmittal 3
Information Technology
Transmittal 1
Transmittal 2
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into an agreement with Kiefer Consulting, Inc. (Kiefer), located in Folsom, California, to provide necessary professional and technical services for the City of Los Angeles Harbor Department's (Harbor Department) SharePoint System. These services are required to upgrade the Harbor Department's SharePoint System (SharePoint), which includes the iPOLA intranet, to implement new business requirements, maintain the existing system, and provide related services.
The recommendation to select Kiefer is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. Kiefer is a qualified very small business enterprise (VSBE). The term of the proposed agreement is three years at a not-to-exceed amount of $965,800. This amount will be capitalized in the Capital Improvement Program (CIP) budget.
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 Kiefer at an amount not-to-exceed $965,800 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. ____________.
Planning and Economic Development
Transmittal 1
Transmittal 2
SUMMARY: In 2008, the City of Los Angeles (City) approved the establishment of the San Pedro Historic Waterfront District Business Improvement District (District), a property and business improvement district that includes the downtown core of San Pedro and the San Pedro waterfront area of the Port of Los Angeles (Port) generally from 3rd Street south to the S.P. Slip south of Ports O' Call Village. The purpose of the District is to provide improvements and services to revitalize, enhance and maintain historic downtown San Pedro, including the waterfront, and ultimately improve services to the community through increased tax revenues and economic development. The services of the District are funded through an assessment placed on real property within the District. The District has begun the reauthorization process for a five-year renewal of the District, which if approved would commence January 1, 2013. In addition to reauthorizing the District, an expansion of the District is also proposed. The expansion would include property and improvements along the San Pedro waterfront on City of Los Angeles Harbor Department (Harbor Department) controlled property, including the cruise terminals, Catalina Express and associated parking lots, Fanfare Fountain, and Harbor Boulevard promenade. The increase in assessments for the Harbor Department associated with the expansion area would be offset by the elimination of the Port of Los Angeles High School parcel, which is no longer owned by the Harbor Department, an adjustment in the Port Police building parcel assessment and a 3 percent reduction in the assessment rate. The proposed net effect to the Harbor Department's assessments would be a reduction of $11,507 per year, derived from the difference between the proposed assessments of $232,218 from the current assessment of $243,725 annually. The Harbor Department's assessment represents 23 percent of the total District budget of $988,410.
Recommendation: Board resolve to (1) adopt the Order authorizing the Executive Director to sign the Property Owner Petition pledging the Harbor Department's support for the renewal and expansion of the District to include the two parcels that include the Berths 91-93 Cruise Terminals and parking lots (Assessor's Parcel 7440-026.903) and Catalina Express and the associated parking lot and the Fanfare Fountain and Harbor Boulevard promenade (Assessor's Parcel 7440-024.911); (2) authorize the Executive Director to sign the Property Owner Ballot to support the renewal and expansion of the District upon the Los Angeles City Council's finding of majority support for the renewal of the District; and following the City Council's authorization of a District election; (3) authorize the expenditure of funds for the Harbor Department's 2013 assessment obligation for the District with annual adjustments not to exceed three percent (3%) per year for a five-year term; and (4) adopt Resolution No. ____________.
Real Estate
Transmittal 1
9. Re: ORDER NO. ____________ - APPROVE RESETTING OF COMPENSATION UNDER ORDER NO. 4506 WITH SOUTHERN CALIFORNIA GAS COMPANY
Transmittals
REGULAR ITEMS (10 - 12)
PUBLIC HEARING
10a. FOR THE ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO. 12-07) FOR THE EXPANSION OF AMERICAN PRESIDENT LINES CONTAINER TERMINAL AT BERTHS 302-306
Pursuant to the California Coastal Act of 1976, as amended, and the Port of Los
Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning and Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to improve and expand the American President Lines (APL) Container Terminal at Berths 302-306, including wharf and backland construction. Staff is recommending that the Board of Harbor Commissioners (Board) approve a Level III, non-appealable Coastal Development Permit (CDP) No. 12-07 for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 12-07; (2) find that the proposed project is consistent with the Port Master Plan and the California Coastal Act of 1976, as amended; find that although the proposed project has adopted all available feasible mitigation measures provided by the Berths 302-306 APL Container Terminal Environmental Impact Report, there remain adverse environmental impacts for which there are no feasible mitigation measures available, and that the Board included the adoption of a statement of overriding considerations; (3) upon closure of the public hearing, resolve to approve the issuance of a Level III, non-appealable Coastal Development Permit No. 12-07 to construct the APL Container Terminal Project at Berths 302-306, subject to the standard conditions set forth in the permit, and direct the Director of Planning & Economic Development to issue said permit; and (4) adopt Resolution No. ____________.
Business and Trade Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This Agreement provides for a full-time master scheduler and an on-call cost estimator, as well as claims management services for Port of Los Angeles construction projects. Also included in the Agreement is a provision for training City of Los Angeles Harbor Department (Harbor Department) employees in related topics. APSI Construction Management (APSI), located in Irvine, California, is recommended to provide the required services. The Agreement amount is $2,691,088, and the Agreement duration is three years.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more economically and feasibly by an independent consultant, and is necessary due to a peak in work volumes, current employees being committed to other assignments, and expertise that is needed for the subject services; (2) award the Agreement to APSI Construction Management in the amount of $2,691,088; and the payment be authorized from the Construction Management Services account. The Agreement duration for performance of the work will be three years; (3) authorize the Executive Director to execute and the Board Secretary to attest to this Agreement for, and on behalf of, the Board; and, (4) adopt Resolution No. ____________.
I. 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. 08-56503
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Crimson Pipeline Management, Inc., et al. v. Herzog Contracting Corp.,
City of Los Angeles, et al., United States District Court Case
No. CV12 03653 RSWL (RZx)
3. 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:
two cases.
4. 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 (one case).
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 21, 2012 MMEDIATELY FOLLOWING THE
ADJOURNMENT OF THE 8:30 A.M. REGULAR BOARD
MEETING AT THE 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 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. CLOSED SESSION
1. Instructions to negotiators relating to lease negotiations with Vopak Terminal Los Angeles Inc. concerning proposed amendment to Permit No. 560, pursuant to Section 54956.8 of the California Government Code. Instructions to negotiators will concern price and terms of payment. The negotiator for Vopak will be Michael Lacavera. The negotiator for the Port of Los Angeles will be Michael Galvin.