Agenda - November 3, 2011
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVEMBER 03, 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 Robin 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
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. PRESENTATION
Government Affairs Update
Angel's Gate Lighthouse Update - Gary Dwight
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 & 2)
Business and Trade Development
SUMMARY: Staff recommends approving a personal services agreement between the City of Los Angeles Harbor Department (Harbor Department) and IMS Worldwide Inc. (IMSW) to assist the Harbor Department, as grantee, with specialized technical expertise pertaining to Foreign Trade Zone (FTZ) No. 202 on an as-needed basis. IMSW, based in Henrietta, Texas, is a recognized firm in FTZ consulting and zone operations for grantees, communities, zone site owners, and companies. As the grantee, the Harbor Department oversees all aspects of the FTZ program and its governing regulations. The FTZ program is designed to stimulate international trade for imported foreign goods by deferring payments of import duties and fees only until goods are entered into the US for domestic consumption and also for export after combining with domestic goods. The agreement is for a term of one year with two, one-year renewal options at a not-to-exceed amount of $70,000 per year. Funds for future years will be requested as part of the annual budget process, upon Board of Harbor Commissioners (Board) approval, should the Harbor Department decide to exercise the renewal options under separate Board actions. Renewal options shall be authorized for extension by the Executive Director. If all renewal options are exercised, total funding for all three years will be for a not-to-exceed amount of $210,000.
Recommendation: Board resolve to (1) find that in accordance with City Charter Section 1022 that work to be performed under the Agreement can be performed more feasibly by an independent consultant than by City employees; (2) approve the subject Agreement for a term one year with two, one-year renewal options with annual compensation of $70,000 and a total cost not-to-exceed $210,000; (3) authorize the Executive Director to approve the two, one-year renewal options on behalf of the Board, subject to budget approval for future year funding; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; and (5) adopt Resolution No. ________.
Environmental Management
2. Re: RESOLUTION NO. ____________ - SECOND AMENDMENT TO CHINA SHIPPING AMENDED STIPULATED JUDGMENT AIR QUALITY MITIGATION INCENTIVE PROGRAM GRANT AGREEMENT NO. 09-2770 WITH VERSATILE ENERGY POWER SYSTEMS, INC.
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) awarded Versatile Energy Power Systems, Inc. (Versatile Energy), a Texas Corporation, a grant in the amount of $531,378 to design and demonstrate an engine retrofit system to reduce nitrogen oxides (NOx) and particulate matter (PM) emissions from harbor craft, such as commercial fishing boats, excursion vessels and tugboats (Project). Agreement No. 09-2770 between the Harbor Department and Versatile Energy is currently a 30-month agreement (Agreement). Versatile Energy has requested that this Agreement be extended an additional six months. The proposed extension will cause the Agreement to expire on July 7, 2012 instead of January 7, 2012. This extension will require no adjustment to the total amount of the grant award.
Recommendation: Board resolve to (1) approve the Second Amendment to Agreement No. 09-2770 with Versatile Energy Power Systems, Inc. to extend the Agreement term from 30 months to 36 months; (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. ___________.
REGULAR ITEMS (3-6)
Construction
3. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: JDML, INC. DBA STANDARD INDUSTRIES BERTHS 70-72 DEMOLITION OF LIQUID BULK TERMINAL (FORMER WESTWAY TERMINAL) SPECIFICATION NO. 2723
Transmittal 1
Transmittal 3-2
SUMMARY: This contract will remove a variety of tanks and associated pipelines from an existing liquid bulk tank farm. The demolition of the Berths 70-72 Liquid Bulk Terminal, part of the transformation of the LA Waterfront, will begin preparations for future waterfront development. The lowest responsive and responsible bidder is JDML, Inc. dba Standard Industries, located in Ventura, CA 93004. The contract is for a total payment of $455,000 to the City of Los Angeles Harbor Department (Harbor Department). The contract duration is 365 calendar days.
Recommendation: Board resolve to (1) find 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; (3) award the above mentioned contract for Item Nos. 1 through 10 of the proposal schedule to Standard Industries in the amount of $705,000 payment to the Harbor Department; that a contingency in the amount of $250,000 not included in the original contract amount be applied for a total payment of $455,000 to the Harbor Department. The contract time for performance of the work will be 365 calendar days from the Notice of 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. ______.
Executive Offices
Transmittal 3
SUMMARY: The proposed action is to approve the transition budget for the Harbor Community Benefit Foundation (HCBF) and allow for a one time transfer of funds from the Port Community Mitigation Trust Fund (PCMTF) to the HCBF in the amount of $137,500 for a four-month interim budget to cover the months of December 2011 through March 2012. The HCBF Board of Directors (HCBF Board) requests these funds to ensure a seamless transfer of services from the Mission Infrastructure (Mission) consultant team to the permanent HCBF staff. Staff is recommending the Board of Harbor Commissioners (Board) approve this transition budget and transfer these funds.
Recommendation: Board resolve to (1) approve the Harbor Community Benefit Foundation Transition Budget in an amount not-to-exceed $137,500; (2) approve the transfer of funds in the amount of $137,500 from the Port Community Mitigation Trust Fund directly to the Harbor Community Benefit Foundation; and (3) adopt Resolution No. ___________.
SUMMARY: Staff recommends that the City of Los Angeles Harbor Department (Harbor Department) enter into an agreement among the CCF Community Initiatives Fund (CIF), a nonprofit entity operated by the California Community Foundation (CCF), and the Harbor Community Benefit Foundation (HCBF) to have the CIF provide fund management services for the Port Community Mitigation Trust Fund, established by the TraPac Memorandum of Understanding (MOU). The proposed agreement satisfies one of the Harbor Department's obligations under the Operating Agreement of the TraPac MOU by retaining the CIF to hold the Port Community Mitigation Fund and release funds to the HCBF as projects or other distributions are approved by the Board of Harbor Commissioners (Board).
Recommendation: Board resolve to (1) approve the proposed restricted fund services and management agreement with the CCF Community Initiatives Fund and the Harbor Community Benefit Foundation; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed restricted fund services and management agreement; and (3) adopt Resolution No. __________.
Real Estate
6. Re: RESOLUTION NO. ___________ - PROPOSED REVOCABLE PERMIT WITH TERMINAL ISLANDERS, INC.
Transmittals
SUMMARY: Terminal Islanders, Inc. (Terminal Islanders) occupies 2,158 square feet (s.f) of land on Terminal Island under Permit No. 835. This ten-year term permit expired on August 11, 2011 and is currently on holdover. The proposed revocable permit would allow Terminal Islanders to continue to operate and maintain a memorial on City of Los Angeles Harbor Department (Harbor Department) property on a no-charge basis. The site serves as the Japanese Fishing Village Memorial and includes exclusive use of two parking spaces for memorial visitors.
Recommendation: Board resolve to (1) approve the proposed revocable permit with Terminal Islanders, Inc.; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed revocable permit; (3) and adopt Resolution No. ___________.
H. CLOSED SESSION
1. 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