Agenda - August 2, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, AUGUST 2, 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. ELECTION OF OFFICERS
PURSUANT TO SECTION 503(A) OF THE CHARTER OF THE CITY OF LOS ANGELES, WHICH PROVIDES THAT THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT SHALL BE HELD EACH YEAR, THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY TO ELECT THE FOLLOWING OFFICERS TO SERVE FOR THE ENSUING TERM:
PRESIDENT:
VICE PRESIDENT:
C. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
D. EXECUTIVE DIRECTOR REMARKS
E. REPORTS OF THE COMMISSIONERS
F. BOARD COMMITTEE REPORT
G. PRESENTATION
2011 Air Emissions Inventory – Teresa Pisano
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 & 2)
Planning & Economic Development
SUMMARY: The Planning & Economic Development Division requests approval to award Contract No. 39642 to UBM Global Trade (UBM), located in New York, NY. UBM provides the City of Los Angeles Harbor Department (Harbor Department) with computerized international trade data under their Port Import Export Reporting Service (PIERS) division. Since 2008, the Harbor Department has secured PIERS data through an annual purchase order under the authority of the Executive Director.
Recommendation: Board resolve to (1) approve Contract No. 39642 with UBM Global Trade for a one-year term at a not-to-exceed amount of $165,000 and two one-year renewal options of $165,000 for a total contract amount not-to-exceed $495,000; (2) authorize the Executive Director to execute and attest to Contract No. 39642 for and on behalf of the Board; (3) approve the second- and third-year renewal options and authorize the Executive Director to exercise them if the Executive Director determines it is in the best interest of the Harbor Department to do so; and (4) adopt Resolution No. ____________.
Port Police
SUMMARY: In April 2011, the City of Los Angeles Harbor Department (Harbor Department) entered into an Agreement with Summit Security Services, Inc., dba Summit of California (Summit) of Uniondale, New York, to assist with personnel security background investigations. This was an Executive Director’s Agreement with a one-year term which expired in April 2012. Port Police continues to require assistance in carrying out this function on an as-needed basis due to insufficient Harbor Department staff trained and available to perform this work.
After conducting a Request for Proposals (RFP), the proposed action recommends the Board of Harbor Commissioners (Board) enter into an Agreement with Summit to provide as-needed personnel security background investigations on prospective reserve and civilian Port Police applicants, including Port Security Officers, and other Harbor Department employees as assigned. The purpose of these investigations is to determine suitability for employment. The services provided by Summit will not replace the background services conducted by the City of Los Angeles Personnel Department for sworn police officer candidates but will be in addition to those background investigations. This action will authorize a one-year contract term with two, one-year renewal options, for an amount not to exceed $150,000.
Recommendation: Board resolve to (1) find that in accordance with Los Angeles Charter Section 1022, work under the subject Agreement can be performed more feasibly by an independent contractor than by City employees; (2) approve the proposed Agreement between the City of Los Angeles Harbor Department and Summit Security Services, Inc., dba Summit of California to provide background investigation services for a term of one year with two additional one-year renewal options with an annual compensation of $50,000, total not to exceed cost of $150,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement for and on behalf of the Board; (4) authorize the Executive Director to approve the two additional, one-year renewal options on behalf of the Board, subject to budget approval for future year funding; and (5) adopt Resolution No. ____________.
REGULAR ITEMS (3 - 5)
Port Police
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Agreement (MOA) with the City of Los Angeles (City) for the purpose of receiving funds as reimbursement from the Urban Area Security Initiative (UASI) for fiscal year (FY) 2010. UASI grants are provided by the United States Department of Homeland Security (DHS) to fund the needs of large urban areas, associated with building a sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism.
In July 2010, DHS awarded the City grant monies in support of the FY10 UASI program. On July 19, 2011, City Council authorized the Mayor’s Office to accept the UASI grant award. The Mayor’s Office of Homeland Security and Public Safety, serving as fiduciary agent, will administer grant funds provided to the City.
Items approved for full grant reimbursement subsequent to expenditure by the Harbor Department are purchase of a portable generator ($200,000) with operation and maintenance costs estimated at $4,000 annually, a portable satellite radio communication system ($250,000), a San Pedro Bay (Port Complex) fire assessment study ($80,000), and off-site video/data storage equipment ($33,500). The award is for a three-year period ending April 30, 2013.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the Harbor Department and the City of Los Angeles to provide receipt of funds as reimbursement from the Urban Area Security Initiative; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed Memorandum of Agreement for and on behalf of the Board; and (3) adopt Resolution No. ____________.
Engineering
SUMMARY: In 2008, the California Transportation Commission (CTC) approved $51.23 million State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the West Basin Railyard (Berth 200 Railyard). The West Basin Railyard is a critical project for the City of Los Angeles Harbor Department (Harbor Department), and is needed for the construction of the planned adjacent TraPac container terminal on-dock railyard. On June 19, 2008, the Board of Harbor Commissioners (Board) approved the CTC required “Baseline Agreement” that set forth project scope, expected benefits, schedule, cost, and a funding plan. On June 22, 2011, the CTC approved an amendment to the existing “Baseline Agreement” which modified the project schedule and cost to account for unforeseen third party utility relocations that are required to construct the project improvements. On March 29, 2012, the CTC approved a second amendment to the Baseline Agreement that allowed the Harbor Department to separate the project into two independent construction contracts to advance construction as soon as possible and mitigate unexpected delays to securing outstanding permits and right of ways. The total TCIF funding remained unchanged at $51.23 million, and was divided into two segments as follows: Segment 1: $40.72 million; Segment 2: $10.51 million.
Additionally, the CTC requires the Harbor Department to fully execute an Allocation Agreement prior to the start of any work for which the Harbor Department will seek reimbursement. The Harbor Department is ready to start work on Segment 1, and seeks Board approval of the Allocation Agreement between the CTC and the Harbor Department for the West Basin Road Rail Access Improvements – Segment 1 (Berth 200 Railyard) in the amount of $40.72 million.
Recommendation: Board resolve to (1) approve the Allocation Agreement as to substantial form; (2) authorize the Executive Director to execute and the Board Secretary to attest to this “Allocation Agreement” for and on behalf of the Board; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, future amended allocation agreements to account for revised project schedules and reduced project costs, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No. ____________.
Real Estate
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Port) has seven tenants operating marine oil terminals under separate permits. The Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) established new building code requirements for all existing and new marine oil terminals in California. MOTEMS requires all liquid bulk wharves in the Port to be significantly upgraded or replaced. Through ongoing discussions with the California State Lands Commission, which oversees the MOTEMS program, the Port has agreed to complete implementation by 2018.
Port staff has developed a MOTEMS Implementation Strategy (MIS) that minimizes capital outlays associated with the wharf upgrades, addresses land use inconsistencies, and provides an opportunity for increased utilization of Port land and wharf assets. Under the MIS, certain marine oil terminals would remain in their current locations, while others would either be relocated, consolidated or closed. One marine oil terminal operator, Vopak is proposed to be relocated from their existing facility at Berths 187-190 to Berths 148-151, the current site of Phillips 66 (Transmittal 1). The proposed relocation of Vopak would address land use inconsistencies between their current premises and the adjacent Wilmington Waterfront Development project area. Vopak has proposed an alternative plan (Vopak Plan) that would allow them to remain on a portion of their current premises and reconfigure their operation to move berthing and tank storage activities from Berths 187-190 to Berths 191-194 (Transmittal 2).
Port staff is requesting input and direction from the Board of Harbor Commissioners (Board) on the proposed MIS. Upon receipt of the Board’s input and direction, staff will finalize the MIS and present to the Board for action at a later date.
Recommendation: Board resolve to (1) provide staff with input and direction on the proposed MOTEMS Implementation Strategy, subject to compliance with all applicable laws including, without limitation, the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), and the California Coastal Act (“Coastal Act”), as well as the execution of mutually acceptable agreements that will require the review and approval of City entities including, without limitation, the Board of Harbor Commissioners and the Los Angeles City Council, which approvals have neither been sought nor obtained. Notwithstanding any such staff direction (or responsive action by staff or others) the Board and City shall at all times retain full discretion to approve, disapprove, adopt or modify any and all agreements and environmental documents (including any projects, mitigation measures, project changes, and/or alternatives) related to this matter; and under no circumstances shall any such Board input and direction to staff be construed as a commitment, approval or determination of any kind by the Board, the City or other entity, whether under CEQA, NEPA, the Coastal Act or otherwise; and 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)
Cheryl Morris v. City of Los Angeles, et al., United States District Court Case No. CV12-4911
3. 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)