Regular Agenda - September 5, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, SEPTEMBER 5, 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 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. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes for approval for the following dates:
May 16, 2013 Regular and Special (2)
June 6, 2013 Regular
June 20, 2013 Regular
July 9, 2013 Special
July 25, 2013 Regular
August 8, 2013 Regular and Special
August 22, 2013 Regular
G. PRESENTATIONS
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 3)
Environmental Management
Transmittal 1
Transmittal 2
SUMMARY: Staff is recommending approval of an Agreement with Lloyd's Register Quality Assurance, Inc. (LRQA) of Houston, TX, to provide International Organization of Standardization (ISO) 14001 certification audits of the City of Los Angeles Harbor Department's (Harbor Department) Environmental Management System (EMS). The EMS was implemented at the Harbor Department, Construction and Maintenance (C&M) Division in January 2004. In 2007, the EMS was certified to meet ISO 14001, the internationally recognized standard for environmental management systems. The EMS has provided a structured approach to improve environmental performance as well as operational efficiencies in day-to-day operations. The ISO 14001 EMS standard requires a recertification audit of the entire EMS every three years and periodic surveillance audits by an independent auditor to maintain the ISO 14001 certification. The recertification audit is now due. The Agreement (Transmittal 1) will provide the Harbor Department with audit, certification and surveillance services of the EMS in compliance with ISO 14001. The contract would be for a term of three years and a not-to-exceed amount of $25,000.
Recommendation: Board resolve to (1) find that in accordance with the 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 Agreement with Lloyd's Register Quality Assurance Inc., substantially as to form, for a term of three years and a total not-to-exceed amount of $25,000; (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.____________.
Finance
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes to reestablish a pool of consulting firms for a period of three years to augment its internal staff in performing internal management audits of its operations on an as-needed basis. This is the second time the Harbor Department has established an audit pool. The total aggregate not-to-exceed amount anticipated to be spent is $1,056,000 over the next three years. As management audits and reviews are identified, these will be funded by professional services agreements, contingent upon available funding.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work under the subject Agreements is temporary in nature and can be performed more feasibly by independent consultants rather than by City employees; (2) approve and appoint the audit pool consisting of seventeen (17) selected audit firms for a period of three years each; (3) authorize the Executive Director or designee to approve Task Orders on a per project basis, contingent upon verification of available funding, as adopted by the Board for each budget year, not to exceed an aggregate amount of $1,056,000 in total compensation authority among the pool list over the contract period; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements for and on behalf of the Board; and (5) adopt Resolution No.____________.
Port Police
3. Re: RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR REIMBURSEMENT OF URBAN AREA SECURITY INITIATIVE FUNDS FOR FISCAL YEAR 2012
Transmittal 1
Transmittal 2
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) 2012. 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 2012, DHS awarded the City grant monies in support of the FY12 UASI program. On December 14, 2012, 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 is equipment to be procured for the Maritime Law Enforcement Training Center (MLETC) in the amount of $132,000. The award is for a two-year period ending May 31, 2014. There will be no cost share associated with the award, nor are there any annual operating and maintenance costs associated with the equipment purchases.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the City of Los Angeles to provide receipt of funds for 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.____________.
REGULAR ITEMS (4 - 7)
Executive Office
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: Permit No. 881 (Permit) with TraPac, Inc. (TraPac) was approved by the Board of Harbor Commissioners (Board) on August 13, 2009 for a 30-year term. The Permit authorizes TraPac to undertake cargo handling operations at Berths 136-147 and requires the City of Los Angeles Harbor Department (Harbor Department) to redevelop the wharf and backland area of the terminal. The Harbor Department requests approval of a Second Amendment to Permit No. 881. This proposed Second Amendment modifies the scope of terminal redevelopment as requested by TraPac to incorporate terminal automation into the design and construction and addresses minor corrections, clarifications, and technical changes to the overall scope of the redevelopment project.
In support of the Second Amendment, the Harbor Department also requests that the Board approve a revised baseline budget. On April 19, 2012, the Board approved the baseline budget of $364,495,525 for the TraPac Terminal Program (Program). Staff is requesting the Board to approve the revised budget at $510,412,338, an increase of 40.0%, or $145,916,813. The spending on the TraPac Terminal Program through the end of Fiscal Year (FY) 12/13 stands at $154,263,637.
Development of the TraPac Terminal Program has proceeded on an expedited basis in recognition of the strategic importance of these terminal improvements in meeting the competitive challenges facing the Port of Los Angeles. The Program is currently on schedule for delivery in the first quarter of 2018.
Recommendation: Board resolve to (1) approve, in substantial form, the Second Amendment to Permit No. 881 with TraPac, Inc.; (2) direct the Board Secretary to transmit the Second Amendment to the Permit to the City Council for approval pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Second Amendment upon approval by City Council; (4) ratify all previous Executive Director and Board actions undertaken in connection with the improvements Permit No. 881 obligates the City to construct and deliver (including, but not limited to, appropriations and expenditures of funds, contract solicitation and award, and grant funding), so that such actions shall be deemed to have been made pursuant to Permit No. 881 as amended by this Second Amendment; (5) approve the revised budget of $510,412,338 for the ten projects comprising the TraPac Terminal Program; and (6) adopt Resolution No. __________.
Engineering
Transmittal 1
SUMMARY: The California Transportation Commission (CTC) requires the City of Los Angeles Harbor Department (Harbor Department) to fully execute an Allocation Agreement prior to the start of any work on the West Basin Road Rail Access Improvements - Segment 2 Project. An Allocation Agreement with the CTC for Segment 1 was approved by the Board of Harbor Commissioners (Board) on July 26, 2012. The Harbor Department is ready to start work on Segment 2, and seeks Board approval of the Allocation Agreement between the CTC and the Harbor Department for the West Basin Road Rail Access Improvements – Segment 2 (Berth 200 Railyard Track Connections) in the amount of $10.51 million.
Recommendation: Board resolve to (1) approve the Allocation Agreement as in 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; and (3) adopt Resolution No.____________.
6. Re: RESOLUTION NO. ____________ - PROPOSED TRADE CORRIDORS IMPROVEMENT FUND (TCIF) AGREEMENT CARGO TRANSPORTATION IMPROVEMENTS - EMISSION REDUCTION PROGRAM - PHASE 1(TCIF NO. 87.1) BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE STATE OF CALIFORNIA (AGREEMENT NO. 75A0386)
Transmittal 1
SUMMARY: In February 2012, the California Transportation Commission (CTC) approved programming of $12.705 million of State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the construction phase of the TCIF No. 87.1 Port of Los Angeles (Port) Cargo Transportation Improvement-Emission Reduction Program - Phase 1 (TraPac Terminal-Automated Component). On December 6, 2012, CTC approved the financial allocation of $12.705 million for TCIF No. 87.1. Additionally, the CTC requires the City of Los Angeles Harbor Department (Harbor Department) to fully execute an Allocation Agreement (Agreement) for which the Harbor Department will seek reimbursement in the amount of $12.705 million. CTC has submitted five copies to the Harbor Department, the TCIF Agreement Cargo Transportation Improvements - Emission Reduction Program - Phase 1 (TCIF No. 87.1) Agreement No. 75A0386 for signatures, as part of the reimbursement grant funding allocation process.
Recommendation: Board resolve to (1) approve the Trade Corridors Improvement Fund Agreement Cargo Transportation Improvements - Emission Reduction Program - Phase 1 (TCIF No. 87.1) Agreement No. 75A0386; (2) authorize the Executive Director to sign and execute, and the Board Secretary to attest to, Agreement No. 75A0386 for and on behalf of the Board; and (3) adopt Resolution No.____________.
7. Re: RESOLUTION NO. ____________ - PROPOSED FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENTS BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND AECOM TECHNICAL SERVICES, INC.; CH2M HILL ENGINEERS, INC.; PSOMAS; MOFFATT & NICHOL; DR CONSULTANTS & DESIGNERS, INC.; AND URS CORPORATION AMERICAS FOR ON-CALL ENGINEERING SERVICES
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: The subject Agreements provide the City of Los Angeles Harbor Department (Harbor Department) with on-call engineering services supporting the Harbor Department's Capital Improvement Program (CIP), Maintenance Improvement Program (MIP), and Aesthetic Mitigation Program. On November 11, 2011, the Board of Harbor Commissioners approved the personal services Agreements with AECOM Technical Services, Inc. (AECOM), Agreement No. 11-3025; CH2M Hill Engineers (CH2M Hill), Agreement No. 11-3026; PSOMAS, Agreement No. 11-3027; Moffatt & Nichol (M&N), Agreement No. 11-3028; DR Consultants & Designers, Inc. (DR), Agreement No. 11-3029; and URS Corporation Americas (URS), Agreement No. 11-3030. These Agreements were for $5 million each for a total of $30 million and for a term of five- years.
The First Amendment to the listed Agreements is requested to increase compensation from $5,000,000 to $7,500,000 for three agreements, from $5,000,000 to $8,000,000 for one agreement, and from $5,000,000 to $9,000,000 for two agreements, for a not-to-exceed total of $48,500,000 (increasing from $30,000,000 to $48,500,000). All other terms and conditions of the Agreements will remain the same. The proposed First Amendment will allow the Agreements sufficient contract authority to provide design support services during construction for various projects.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement 11-3025 with AECOM Technical Services, Inc. to increase the contract amount by $4,000,000 for the total not-to-exceed amount of $9,000,000; (2) approve the First Amendment to Agreement 11-3026 with CH2M Hill Engineers, Inc. to increase the contract amount by $3,000,000 for the total not-to-exceed amount of $8,000,000; (3) approve the First Amendment to Agreement 11-3027 with PSOMAS to increase the contract amount by $2,500,000 for the total not-to-exceed amount of $7,500,000; (4) approve the First Amendment to Agreement 11-3028 with Moffatt & Nichol to increase the contract amount by $4,000,000 for the total not-to-exceed amount of $9,000,000; (5) approve the First Amendment to Agreement 11-3029 with DR Consultants & Designers, Inc. to increase the contract amount by $2,500,000 for the total not-to-exceed of $7,500,000; (6) approve the First Amendment to Agreement 11-3030 with URS Corporation Americas to increase the contract amount by $2,500,000 for the total not-to-exceed amount of $7,500,000; (7) authorize the Executive Director to execute and the Board Secretary to attest to said amendment of Agreements, for and on behalf of the Board; forward the approval of said amendment of Agreements to City of Los Angeles City Council for its approval pursuant to Section 373 of the City Charter; and (8) adopt Resolution No.____________.
I. CLOSED SESSION
1. 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
2. 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
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Claim No: C14-0549
Claimant: California Cartage Company, Inc.
Agency Claimed Against: City of Los Angeles, Port of Los Angeles
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R
5. 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: one case.
6. 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).
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 881granted to TraPac, Inc.:
Property: Berths 136-147, Port of Los Angeles
City Negotiator: Mike Christensen
Tenant Negotiator: Frank Pisano
Negotiating Parties: City and TraPac, Inc.
Under Negotiation: Price and Terms