Notice and Agenda of Special Meeting - July 09, 2013
June 20, 2013
CANCELLATION NOTICE
SUBJECT: CANCELLATION OF THE REGULAR MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS FOR THURSDAY, JULY 11,2013
The regularly scheduled meeting of the Los Angeles Board of Harbor Commissioners previously scheduled for Thursday, July 11, 2013 at 8:30a.m. will not be held.
It is anticipated that the next meeting will be held on Tuesday, July 9, 2013 at
8:30 a.m. at the Port of Los Angeles, Administration Building Board Room at
425 S. Palos Verdes Street, San Pedro, California, 2"d Floor.
JULIE WICHMANN HUERTA Commission Secretary
___________________________________________________________________________________
June 20, 2013
NOTICE OF THE SPECIAL MEETING OF JULY 9, 2013
SUBJECT: SPECIAL MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS - TUESDAY, JULY 9, 2013, AT 8:30A.M.
The Los Angeles Board of Harbor Commission has called for a special meeting to be held on:
Tuesday, July 9, 2013 at 8:30a.m.
Port of Los Angeles Administration Building
Board Room,2nd Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
The attached agenda specifies the business to be conducted at the special meeting.
NO OTHER BUSINESS WILL BE CONSIDERED.
JULIE WICHMANN HUERTA Commission Secretary
___________________________________________________________________________________
AGENDA OF SPECIAL THE MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
TUESDAY, JULY 09, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION 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 WANDA SOLOMON
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
Ports O' Call Update
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1-10)
Commission Office
1. Re: RESOLUTION NO. ____________ - APPROVAL OF TRAVEL FOR VICE PRESIDENT DAVID ARIAN FOR A BUSINESS DEVELOPMENT TRIP TO ASIA
Recommendation: Adoption of Resolution approving travel for Vice President David Arian for a Business Development trip to Hong Kong, Singapore and Seoul, South Korea on July 28, 2013 through August 2, 2013.
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 Puma North America, Inc. (Puma) to take over FTZ operation from California Cartage Company, currently operating Site 28 as the FTZ operator located at 20903 South Maciel Avenue, Carson, California. Puma will take over the FTZ operations as soon as U.S. Customs and Border Protection Agency (CBP) approves their activation request. Site 28 consists of a 220,000 square foot building within 8 acres of FTZ 202, Site 28. This site is approximately 10 miles north of the Port of Los Angeles (Port). Puma 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 Puma North America, 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.____________.
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 Puma North America, Inc. (Puma) to take over the FTZ operation from California Cartage Company (California Cartage), who currently operates Site 9, as FTZ operator located at 19700 Van Ness Avenue, Torrance, California. Puma will take over the FTZ operations as soon as U.S. Customs and Border Protection Agency (CBP) approves their activation request. Site 9 consists of a 425,603 square foot building within 30.27 acres of FTZ 202. This site is approximately 10 miles north of the Port of Los Angeles (Port). Puma will be operating its warehouses 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 Puma North America, 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.____________.
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes Developer Agreements with FTZ site owners to oversee their FTZ developments. The Harbor Department received a request from STRS Ohio CA Real Estate Investments II, LLC (STRS) to execute a Developer Agreement within FTZ 202, Site 20, located at 11296 Harrel Street, Mira Loma, California. Site 20 consists of two parcels and STRS recently purchased one parcel from Industrial Development International. This site is undeveloped land within FTZ 202, Site 20. This site is approximately 60 miles northeast of the Port of Los Angeles (Port). STRS's principal address is located in Columbus, Ohio, and the company's business includes real estate investments. As such, STRS has invested in the land acquisition of Site 20 to help develop and attract potential FTZ operators to the site. The proposed FTZ Developer Agreement (Agreement) will provide at term of five years with three, five-year renewal options.
Recommendation: Board resolve to (1) approve the proposed Foreign-Trade Zone Developer Agreement between the City of Los Angeles Harbor Department and STRS Ohio CA Real Estate Investments II, LLC; (2) direct the Board Secretary to transmit the Foreign-Trade Zone Developer 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 Developer 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 KW International, Inc. (KWI), located in Carson, California, to exercise their first renewal option to extend the term of their FTZ Operating Agreement No. 2605 (Agreement No. 2605) at FTZ 202, Site 4C. KWI headquartered in Carson, California, is an international freight forwarder, that was founded in 1996 to provide international logistics services. The original term of the agreement is five years with three, five-year renewal options. The original agreement commenced November 1, 2008 and is set to expire on October 31, 2013. Any change made to an original operating agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the First Amendment (Amendment) will extend Agreement No. 2605 for five years through to October 31, 2018. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 2605. All remaining terms and conditions of Agreement No. 2605 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Foreign-Trade Zone Operating Agreement No. 2605 between the City of Los Angeles Harbor Department and KW International, 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. 2605; and (4) adopt Resolution No.____________.
Contracts & Purchasing
Transmittal 1
SUMMARY: The Contracts & Purchasing Division (CPD) is requesting approval to increase the expenditure authority for four annual procurement contracts by an amount not-to-exceed $625,000 per year for all four annual procurement contracts. These annual procurement contracts are with Brand Scaffolding Services for scaffolding rental, Hertz Rental for rental of construction equipment, Western Fence for fencing installation, and Johnson Controls, Inc. for heating, ventilation and air conditioning maintenance. The requested increases are necessary in order for Construction and Maintenance (C&M) staff to complete current and planned capital projects throughout the Port of Los Angeles (Port). Although contract authority levels may increase, actual expenditures will not exceed the budget levels authorized in the C&M operating budget, and the Capital Improvement Program (CIP) and Maintenance Improvement Program (MIP) budgets.
Recommendation: Board resolve to (1) approve Purchase Order Changes increasing the annual expenditure authority for Contract Nos. 39610 with Brand Scaffolding Services, 39619 with Hertz Rental, 31421 with Western Fence, and 31402 with Johnson Controls, Inc., including any renewal options for each contract; (2) authorize the Executive Director or designee to execute the Purchase Order Changes for the annual procurement contracts with Brand Scaffolding Services, Hertz Rental, Western Fence, and Johnson Controls, Inc.; and (3) adopt Resolution No.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: On March 19, 2013, the City of Los Angeles Harbor Department (Harbor Department) was selected by the California Air Resources Board (CARB) to receive grant funding in the amount of $1,000,000 to fund the development and demonstration of two electric yard tractors (Project) to be operated at Eagle Marine Terminal (APL) in the Port of Los Angeles (Port). The grant selection was part of a solicitation process by CARB under Assembly Bill (AB) 118 (Air Quality Improvement Program (AQIP) - Advanced Technology Demonstration Project) to promote the development of clean vehicles. In order to receive and administer the grant award, the Harbor Department is required to enter into a Grant Agreement (Transmittal 1) with CARB and a Subrecipient Agreement (Transmittal 2) with the lead project participant Transportation Power, Inc. (TransPower) located in Poway, California. The grant award is a two-year project with an expected completion date of May 30, 2015.
Recommendation: Board resolve to (1) approve receipt of the Assembly Bill 118 Air Quality Improvement Program Advanced Technology Demonstration Project Grant of $1,000,000 from the California Air Resources Board; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Grant Agreement for and on behalf of the Board; (3) approve the Air Quality Improvement Program - Advanced Technology Demonstration Project Grant Subrecipient Agreement with Transportation Power, Inc. for a total amount not-to-exceed $1,000,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Subrecipient Agreement for and on behalf of the Board; and (5) adopt Resolution No.____________.
Planning & Economic Development
Transmittal 1
Transmittal 2
SUMMARY: CGEOIL LLC (CGEOIL) provides the City of Los Angeles Harbor Department (Harbor Department) with oil consulting services relating to mineral interests owned by the Harbor Department. The agreement was originally approved as a one-year Executive Director Agreement on July 12, 2012, in the amount of $50,000. Completion of the original scope of work for the agreement requires additional time due to state regulatory requirements related to public notification and additional research required for royalty payments. The First Amendment would extend the existing agreement an additional 12 months to July 12, 2014, in order to allow CGEOIL to complete the work. The total agreement amount would remain the same at $50,000 and no additional funds are being requested.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. E6651 to extend the agreement an additional 12 months; (2) authorize the Executive Director and the Board Secretary to execute and attest to the First Amendment for and on behalf of the Board; and (3) adopt Resolution No.____________.
Real Estate
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting that the Board of Harbor Commissioners (Board) declare a vessel abandoned that currently remains in dry dock storage on Harbor Department property formerly occupied by Colonial Yacht Anchorage (Colonial). The vessel has been located at this site before the closure of Colonial and bears no identifying numbers. Attempts to contact vessel owners have not been successful, despite notices posted at the premises for more than a year and the mailing of letters to possible owners. This action will formally allow proper and legal disposal of the abandoned vessel by the Harbor Department.
Recommendation: Board resolve to (1) declare the abandonment of the unidentified vessel pursuant to Port of Los Angeles Tariff No. 4, Item No. 1670; (2) authorize the destruction and disposal of the vessel upon the expiration of the prescribed 10-day notification period; and (3) adopt Order No.____________.
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to reset compensation for Order No. 2680 with the City of Los Angeles Board of Public Works (Public Works) for the five-year period of July 1, 2013 through June 30, 2018, for Public Works' use of a subsurface sewer right-of-way on Terminal Island. Minimum annual rent is proposed to be set at $12,041 per year, with an annual increase, by the Consumer Price Index (CPI) with a cap of three percent. Compensation terms also preclude any decrease in the minimum annual rent.
Recommendation: Board resolve to (1) approve the Order resetting compensation under Order No. 2680 for the five-year period of July 1, 2013 through June 30, 2018; (2) authorize the Board Secretary to attest to the Order resetting compensation to be paid by the City of Los Angeles Board of Public Works pursuant to Order No. 2680, as amended by Order No. 4735; and (3) adopt Order No.____________.
REGULAR ITEMS (11 - 13)
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: On February 21, 2008, the Board of Harbor Commissioners (Board) approved the Wilmington Young Men's Christian Association (YMCA) Aquatics Center and Related Programs project (Project) and allocated China Shipping Community Aesthetic Mitigation funding for this Project. On October 15, 2009, the Board approved a three year funding Agreement for the Project. The Agreement expired on January 5, 2013. The YMCA was unable to begin construction and no funds were disbursed to the YMCA. The YMCA is now prepared to commence with construction of the Project and has requested a new agreement. It is now recommended that the Board approve the proposed Agreement (Transmittal 1) to fund the Wilmington YMCA Aquatics Center in an amount not-to-exceed $2,720,653 for a term of three years.
Recommendation: Board resolve to (1) approve the Agreement with the Young Men's Christian Association substantially as to the form attached hereto in an amount not-to-exceed $2,720,653 for a term of three years; (2) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement, for and on behalf of the Board; and (3) adopt Resolution No.____________.
Planning & Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Maxima Group, LLC (Maxima), a Los Angeles based firm provides the City of Los Angeles Harbor Department (Harbor Department) with financial, real estate, and economic consulting services relating to commercial development sites at the Port of Los Angeles (Port). The agreement was originally approved as a one-year Executive Director Agreement on October 28, 2009, in the amount of $150,000. The Board of Harbor Commissioners (Board) has approved two amendments to the agreement extending the term of the agreement to October 27, 2013, and increasing the funding amount to $488,450. With the Board's selection of the LA Waterfront Alliance as the developer for Ports O' Call, staff is requesting a Third Amendment to the Maxima agreement. The Third Amendment would extend the existing agreement an additional 24 months and increase the funding in the amount of $100,000. This would allow Maxima to continue to provide support to staff in negotiating the lease for the Ports O' Call development site. Maxima will perform financial due diligence, review business and capital plans, and assist in drafting and reviewing entitlement agreements for the Ports O' Call development site. The total agreement amount would be $588,450 and would expire October 27, 2015.
Recommendation: Board resolve to (1) approve the Third Amendment to Agreement No. E6530 to increase the agreement amount by $100,000 and extend the agreement an additional 24 months; (2) authorize the Executive Director and the Board Secretary to execute and attest to the Third Amendment for and on behalf of the Board; and (3) adopt Resolution No.____________.
Real Estate
Transmittal 1
SUMMARY: Agreement No. E6626 (Agreement) with Patricia V. Tubert dba Tubert Consulting (Tubert) provides for real estate consulting services and terminates on June 30, 2013. The proposed Second Amendment (Amendment) to the Agreement, effective July 1, 2013, is for an extension of the term through November 13, 2014, with an additional $175,000 added to the compensation total. From July 1, 2013 through November 13, 2014 (16.5 months), the estimated expenditure is approximately $10,610 per month. A separate report is being submitted by Planning and Economic Development Division to request additional time and funding for their consultant, The Maxima Group (Maxima). Both Tubert and Maxima are critical to the completion of the Ports O' Call redevelopment project. Due to Tubert's unique experience and background in this area, she will be assisting the Director of the Real Estate Division and the Director of the Business Development Bureau with the Ports O' Call and Altasea development projects. All other terms and conditions of the Agreement will remain the same. Tubert is based in Los Angeles, California.
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 real estate consulting services than City employees; (2) approve the Second Amendment to Executive Director Agreement No. E6626 with Patricia V. Tubert dba Tubert Consulting; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment to Executive Director Agreement No. E6626; and (4) adopt Resolution No.____________.
I. CLOSED SESSION
1. 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
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Complaint filed with U.S. Department of Transportation under Title VI of the Civil Rights Act of 1964 and 49 Code of Federal Regulations Part 21
Claimants: Natural Resources Defense Council, Elena Rodriguez, Evelyn Deloris Knight, East Yard Communities for Environmental Justice, the Coalition for Clean Air, Century Villages at Cabrillo
Agency Claimed Against: City of Los Angeles, Board of Harbor Commissioners
4. 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
5. 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: one case.
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Port of Los Angeles City Dock No. 1 (Altasea) concerning a proposed permit:
Property: Port of Los Angeles City Dock No. 1 (Altasea), Berths 56‑60 and 70-71
City Negotiator: Geraldine Knatz, Ph.D.
Tenant Negotiator: Martin Blank, Jr. for City Dock No. 1 (Altasea) Advisory Cabinet
Negotiating Parties: City and Rockefeller Philanthropy Advisors as fiscal sponsor on behalf of the City Dock No. 1 (Altasea) Advisory Cabinet and pending Non‑Profit Corporation
Under Negotiation: Price and Terms