minutes of the regular meeting of the los angeles...

MINUTES OF THE REGULAR MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS

THURSDAY, MARCH 17, 2011 AT 8:30 A.M. BANNING’S LANDING COMMUNITY CENTER

100 E. WATER STREET WILMINGTON, CA 90744

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BOARD OF HARBOR COMMISSIONERS President Cindy Miscikowski Vice President David Arian Commissioner Kaylynn L. Kim Commissioner Robin Kramer Commissioner Douglas P. Krause Time Started: 8:35 a.m. Present: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin M. Kramer, and Commissioner Douglas P. Krause. ( 5 ) Excused: None. PRESIDENT CINDY MISCIKOWSKI PRESIDED 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. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.




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B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS President Cindy Miscikowski called on comments from the public: The following persons commented: Mr. Ken Melendez, Port Community Advisory Committee Ms. Gordova Kiorysiozlou, represents commercial fishermen Mr. Arthur Hernandez, Wilmington resident, PCAC Mr. Donald Compton, Wilmington resident C. EXECUTIVE DIRECTOR REMARKS Executive Director Dr. Geraldine Knatz remarked on the following: She updated the Board on port activity in Japan following the earthquake. She updated the Board on the Community Benefit Fund, and stated that the San Pedro Peninsula Homeowners Association has signed the agreements. The Mayor’s office has presented Michelle Prichard, of the Liberty Hill Foundation, as their nominee for the Board. On April 5, 2011, vehicular traffic on Harry Bridges Blvd. will be reduced to one lane heading eastbound only. There will be detour due to road work. Maps are available showing the road work. D. REPORTS OF THE COMMISSIONERS President Miscikowski reported on the following: She had a follow up discussion with Tim McOsker of VoPak regarding issues affecting their properties. She and Vice President Arian, along with Tommy Faavae, IBEW, Local 11, toured Berth 93. She and Michael Christensen attended a bipartition policy center discussion on National Transportation Policy.




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E. BOARD COMMITTEE REPORTS There were no Board Committee reports. F. PRESENTATION Captain Leon Nixon of the Port Police introduced the community relations officers: Officer Roberto Ramirez, Wilmington; Officer Phillip Heem, Waterside and Marinas; Officer Stacey Creech, San Pedro; Senior Lead Officer Alex Castillo, Wilmington; and Sergeant Ryan Howley. G. APPROVAL OF MINUTES Minutes of the Regular Meetings of November 18, 2010 and December 16, 2010 and Special Meeting of December 2, 2010 for approval. RECOMMENDATION APPROVED Motion by Commissioner Douglas P. Krause, seconded by Vice President David Arian and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.




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H. SPECIAL ORDER OF THE DAY

Public Hearing DRAFT AMENDMENT TO THE PORT OF LOS ANGELES PORT MASTER PLAN – AMENDMENT NO. 26 Public hearing to receive comments pursuant to California Coastal Act of 1976, for Draft Port Master Plan Amendment No. 26 – LA Waterfront allows for land use additions, minor fills, and new harbors proposed in the Wilmington and San Pedro Waterfront projects. Recreational and Commercial land use designations would be added to the backland area at Berths 183-186 to support enhanced public access to the waterfront, and two new harbor basins, the Downtown Harbor and 7th Street Harbor along the San Pedro waterfront at Berths 83 and 85, would be created. The two harbor basins would create a total of 1.82 acres of new water area. PRESIDENT MISCIKOWSKI OPENED THE PUBLIC HEARING. 1) Comments from the public were called. 2) No comments from the public were made. 3) Director of Planning and Economic Development David Mathewson provided a power point presentation. PRESIDENT MISCIKOWSKI CLOSED THE PUBLIC HEARING. I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 6)

Construction and Maintenance 1. Re: RESOLUTION NO. 11-7088 - AWARD OF CONTRACT NO. 39565 TO THEODORE ROBINS, INC. FOR THE PURCHASE OF ELEVEN FORD ESCAPE HYBRID POOL AND STAFF VEHICLES




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1. (Continued) SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39565 with Theodore Robins, Inc. of Costa Mesa, CA for the purchase of eleven (11) Ford Escape Hybrids in the amount of $368,902, including sales tax. These new vehicles will provide carbon efficient replacements for the oldest and least efficient of the current pool and staff vehicles. The replacement of pool and staff vehicles was planned and is funded in the Fiscal Year 2010-11 capital equipment budget. Recommendation: Board resolve to (1) approve Contract No. 39565 with Theodore Robins, Inc. in the amount of $368,902 and authorize said expenditures; (2) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39565; and (3) adopt Resolution No. 11-7088. RECOMMENDATION APPROVED AND RESOLUTION NO. 11-7088 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.

Goods Movement 2. Re: RESOLUTION NO. 11-7090 - APPROVAL OF STATE PROPOSITION 1B TRADE CORRIDORS IMPROVEMENT FUND PROGRAM - CALIFORNIA TRANSPORTATION COMMISSION "AMENDED BASELINE AGREEMENT" BETWEEN THE CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA, AND "LETTER OF NO PREJUDICE" REQUEST TO THE CALIFORNIA TRANSPORTATION COMMISSION 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. The West Basin railyard is a critical project for the Port, and needed for the construction of the planned adjacent TraPac container terminal on-dock railyard. Because of a possible rescission of the U.S. Department of Transportation (USDOT) Transportation Investment Generating Economic Recovery (TIGER) II funds, and to take advantage of an




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2. (Continued) expected TCIF bond issuance by the State in the fall of 2011, formal allocation of the TCIF funds by the California Transportation Commission (CTC) is required. In order for the CTC to allocate the TCIF funds for the West Basin Railyard project, the existing “Baseline Agreement” with the State must be amended to update the project schedule and costs. 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. Additionally, the City of Los Angeles Harbor Department (Harbor Department) anticipates seeking a TCIF allocation at the June 2011 CTC meeting. However, according to the CTC staff, State TCIF bond issuance is not expected until sometime in the fall of 2011. Thus, the allocation request would not be approved in June, but be placed in a queue until bond funds are available. To address this circumstance and potential project delay, Assembly Bill 672 was passed in 2009 that will allow the Harbor Department to apply to the CTC for a “Letter of No Prejudice” (LONP) that would permit construction to commence prior to the issuance of the bond funds and CTC allocation, which is normally required in order to be reimbursed. As construction of the West Basin Railyard needs to commence as soon as possible to spend the USDOT TIGER II funds, and also to complete the TraPac terminal on-dock railyard, it is prudent to request a LONP from the CTC. Recommendation: Board resolve to (1) approve the “Amended Baseline Agreement” as to substantial form; (2) authorize the Executive Director to execute and the Board Secretary to attest to this “Amended Baseline Agreement” for and on behalf of the Board; (3) authorize the Executive Director to request a “Letter of No Prejudice” from the California Transportation Commission; and (4) adopt Resolution No. 11-7090.

RECOMMENDATION APPROVED AND RESOLUTION NO. 11-7090 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.




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Public Relations

3. Re: RESOLUTION NO. 11-7091 - ESTABLISHING "PROMOTE L.A. TRADE - IAPH 2013," A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION TO MANAGE THE 2013 INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS CONFERENCE IN LOS ANGELES SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has been selected to host the International Association of Ports and Harbors (IAPH) 28th World Ports Conference in 2013, which is expected to bring to the City approximately 500 delegates and 1,000 total visitors from around the world. As host of the 2013 IAPH World Ports Conference, the Harbor Department will be responsible for relevant coordination including accepting revenue (sponsorship funds and attendance fees) and expending funds (venue, transportation and catering costs) anticipated to be in the range of $2 million. To effectively manage the conference and separate conference income and expenses from the general Harbor Revenue Fund, staff recommends that the Board of Harbor Commissioners (Board) approve the creation of a California nonprofit public benefit corporation, pursuant to section 501(c)(4) of the Internal Revenue Code, titled “Promote L.A. Trade – IAPH 2013.” Recommendation: Board resolve to (1) authorize the Executive Director or her designee to form ”Promote L.A. Trade – IAPH 2013,” a California nonprofit benefit, 501(c)(4), corporation, to produce and manage the 2013 IAPH World Ports Conference in Los Angeles; (2) ratify the “Promote L.A. Trade – IAPH 2013” Articles of Incorporation as filed with the California Secretary of State (Transmittal No. 1); (3) approve the Bylaws of the corporation (Transmittal No. 2); (4) approve the appointment of the following proposed individuals to the “Promote L.A. Trade – IAPH 2013” Board of Directors: Geraldine Knatz, Ph.D., Executive Director, Harbor Department, Karl Pan, Chief Financial Officer, Harbor Department, Arley Baker, Senior Communications Director, Harbor Department, Patti MacJennett, and Theresa Adams Lopez, Director of Public Relations, Harbor Department; (5) authorize and direct the Board of Directors of the corporation to take such actions and execute such documents as may be necessary to complete the formation of the nonprofit corporation and operate the corporation thereafter; and (6) adopt Resolution No. 11-7091.

RECOMMENDATION APPROVED AND RESOLUTION NO. 11-7091 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote:




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3. (Continued) Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.

Real Estate 4. Re: ORDER NOS. 11-7076 AND 11-7077 - PROPOSED RESETTING OF COMPENSATION UNDER PERMIT NO. 704 WITH EXXONMOBIL OIL CORPORATION AND PERMIT 741 WITH MOBIL PACIFIC PIPELINE COMPANY SUMMARY: Permit No. 704 grants ExxonMobil Oil Corporation (EMOC) the right to use City of Los Angeles Harbor Department (Harbor Department) land, subsurface, and water areas at Berths 237-240C, and adjacent to Pilchard Street and Ferry Streets on Terminal Island, for the construction, operation, and maintenance of a marine oil terminal. Permit No. 704 has a 25-year term, expiring December 31, 2015, with compensation to be reset every five years. Compensation is proposed to be reset for the five-year periods of 2006 to 2010 and 2011 to 2015 at $752,312.14 per quarter based on a $22 per square foot land value, 10 percent rate of return, and 75 percent discount for subsurface use. Permit No. 741 grants Mobil Pacific Pipeline Company (MPPC) use of approximately 4,273 square feet of Harbor Department backland in various locations in Wilmington for the construction, maintenance, and operation of subsurface pipelines for delivery of crude oil to and from various off shore oil recovery sites south of Long Beach. Permit 741 has a 20-year term, expiring January 10, 2013, with compensation to be reset every five years. Compensation is proposed to be reset for the final five-year period of 2008 to 2013 based on a $22 per square foot land value, 10 percent rate of return, and 50 percent discount for subsurface use. Recommendation: Board resolve to (1) adopt and approve the Order resetting compensation under Permit No. 704 with ExxonMobil Oil Corporation for the five-year period of January 1, 2006 through December 31, 2010, and the five-year period of January 1, 2011 through December 31, 2015; (2) adopt and approve the Order resetting compensation under Permit No. 741 with Mobil Pacific Pipeline Company for the five-year period of January 11, 2008 through January 10, 2013; (3) authorize the Board Secretary to attest to the Order resetting compensation pursuant to Permit Nos. 704 and 741; and (4) adopt Order Nos. 11-7076 and 11-7077 adopted.




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4. (Continued) RECOMMENDATION APPROVED AND ORDER NOS. 11-7076 AND 11-7077 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.

Clean Truck Program 5. Re: RESOLUTION NO. 11-7092 - FIRST AMENDMENT TO COST SHARE AGREEMENT NO. 08-2724 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND CITY OF LONG BEACH FOR AUTOMATED VEHICLE LOCATOR MONITORING/DATA MANAGEMENT SERVICES SUMMARY: The Clean Truck Program (CTP) is a key component of the San Pedro Bay Ports Clean Air Action Plan (CAAP) that requires the entire fleet of drayage trucks serving the ports of Los Angeles and Long Beach (Ports) to meet U.S. Environmental Protection Agency (EPA) 2007 emissions standards by January 1, 2012. As part of the CTP, the Ports have installed Automatic Vehicle Locators (AVLs) on approximately 600 trucks that were funded through the joint Ports’ sponsored programs and the California Air Resources Board’s Proposition 1B (Prop. 1B) grant programs. Each truck's AVL device transmits accurate location and vehicle movement data to AT&T Mobility (AT&T), which then forwards the data to the Ports’ fleet management vendor, WebTech Wireless Inc. (WebTech), for data monitoring. The requested action is for the City of Los Angeles Board of Harbor Commissioners (Board) to approve a First Amendment to the Cost Share Agreement No. 08-2724 between the City of Los Angeles Harbor Harbor Department (Harbor Department) and the City of Long Beach (POLB) to equally split the cost of extending monitoring services provided by WebTech from November 2010 through January 2014 at a cost of $500,000 or $250,000 per city.




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5. (Continued) Recommendation: Board resolve to (1) approve the proposed First Amendment to Cost Share Agreement No. 08-2724 between the Harbor Department and POLB to increase the compensation by $500,000 from $569,262 to $1,069,262 (to be equally split between both the Harbor Department and POLB) (Transmittal 1); (2) authorize the Executive Director to execute and the Board Secretary to attest to the said proposed First Amendment to Cost Share Agreement No. 08-2724 for and on behalf of the Board; and (3) adopt Resolution No. 11-7092. RECOMMENDATION APPROVED; RESOLUTION NO. 11-7092 ADOPTED; AND AGREEMENT NO. 11-2724-A APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. 6. Re: RESOLUTION NO. 11-7093 - COST SHARE AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LONG BEACH FOR AT&T MOBILITY WIRELESS SERVICES SUMMARY: The Clean Truck Program (CTP) is a key component of the San Pedro Bay Ports Clean Air Action Plan (CAAP) that requires the entire fleet of drayage trucks serving the Port of Los Angeles and Long Beach (Ports) to meet U.S. Environmental Protection Agency (EPA) 2007 emissions standards by January 1, 2012. As part of the CTP, the Ports have installed Automatic Vehicle Locators (AVLs) on approximately 600 trucks that were funded through the Ports’ jointly sponsored Proposition 1B (Prop. 1B) grant programs. Each truck AVL device transmits accurate location and vehicle movement data to AT&T Mobility (AT&T) wireless services, and then AT&T forwards the data to the Ports’ fleet management vendor, WebTech Wireless (WebTech), for data monitoring. The requested action is for the City of Los Angeles Board of Harbor Commissioners (Board) to approve a Cost Share Agreement between the City of Los Angeles Harbor Department (Harbor Department) and City of Long Beach (POLB), to each pay for 50% of the data plan wireless services required to operate the AVL wireless transmission services for up to a maximum not-to-exceed amount of $130,000 (the Harbor Department’s cost share portion).




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6. (Continued) Recommendation: Board resolve to (1) approve the proposed Cost Share Agreement between the Harbor Department and POLB for an amount not-to-exceed $130,000 for AT&T Mobility Wireless services through October 31, 2012 (Transmittal 1); (2) authorize the Executive Director to execute and Board Secretary to attest to said Cost Share Agreement for and behalf of the Board; and (3) adopt Resolution No. 11-7093. RECOMMENDATION APPROVED; RESOLUTION NO. 11-7093 ADOPTED; AND AGREEMENT NO. 11-2957 APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None.

_ _ _ _ _ At approximately 10:15 a.m., President Miscikowski called for a short recess.

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At approximately 10:35 a.m., President Miscikowski reconvened the Regular meeting.

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REGULAR ITEMS (7 - 13)

Construction 7. Re: RESOLUTION NO. ____________ - AWARD OF CONSTRUCTION CONTRACT CONTRACTOR: MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION FIBER OPTIC NETWORK - PHASE ONE AND VINCENT THOMAS BRIDGE PROJECT SPECIFICATION NO. 2720




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7. (Continued) SUMMARY: This contract will improve the security system along Port waters in areas of San Pedro and Terminal Island by installing fiber optic conduit and cable to create a redundant system configuration for the Department of Homeland Security. The lowest responsive and responsible bidder is Minako America Corporation dba Minco Construction (Minco Construction), a small business enterprise located in Gardena, CA. The contract amount plus a 20% contingency is $2,412,600, and the contract duration is 270 calendar days. This project is federally funded under the California Port and Maritime Security Grant Program up to $2,200,000. Recommendation: Board resolve to (1) find that the bid proposal from the apparent low bidder, S.H.E. Engineering and Construction Group, exceeded the subcontractor work percentage as defined in Section 00022.15.b of the Specification No. 2720, and therefore is non-responsive; (2) award the referenced contract, for Item Nos. 1 through 10 of the proposal schedule, to Minco Construction in the amount of $2,010,500 and: (a) authorize a 20% contingency, not included in the contract amount, for a total authorization of $2,412,600; (b) authorize payment from the Construction Account; and (c) establish the contract time for performance of the work at 270 calendar days from the Notice to Proceed; (3) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (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. ________. REJECT ALL BIDS Motion by Commissioner Robin Kramer, seconded by Vice President David Arian and carried with the following vote: Roll call vote was taken. Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. Director of Construction Shaun Shahrestani provided a power point presentation on Item 7.




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7. (Continued) The following persons commented on Item 7: Mr. Tommy Faavae, IBEW Local 11 Mr. Christopher Morrow, Attorney for Minako America Mr. Kim Kraft, IBEW

Construction and Maintenance 8. Re: RESOLUTION NO. 11-7094 - INCREASE CONTRACT AUTHORITY AMOUNTS FOR THIRTEEN CONSTRUCTION & MAINTENANCE PROCUREMENT CONTRACTS SUMMARY: The Construction and Maintenance Division (C&M) requests the approval to increase contract authority amounts on 13 existing annual procurement contracts listed in Transmittal No. 1 by an amount not to exceed $3,946,000 per year. While contract authority levels may change, actual expenditures will not exceed the budget levels authorized in the C&M operating budget, the Capital Improvement Program (CIP) budget, and the Maintenance Improvement Program (MIP) budget. These contracts are used to purchase plumbing and air conditioning parts, materials, tools and equipment, electrical parts and materials, fire-life safety material, installation and monitoring, as well as fencing installation and the rental of scaffolding and construction equipment. The primary reason for these increases is the current and planned work by C&M on capital projects throughout the Port as a means of continuing our efforts to reduce outside contracts. Recommendation: Board resolve to (1) find that in accordance with Los Angeles City Charter Section 1022, work under the subject service contracts can be performed more feasibly by independent contractors than by City employees; and (2) approve the Purchase Order Changes increasing expenditure authority for the procurement contracts listed in Transmittal No. 1 effective from the date of Board approval through a period not to exceed three years, including renewal options for each contract (if applicable); and (3) authorize the Executive Director or designee to execute the Purchase Order Changes for each contract for a period not-to-exceed three years per contract (if applicable); and (4) adopt Resolution No. 11-7094. RECOMMENDATION APPROVED AND RESOLUTION NO. 11-7094 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Vice President David Arian and carried with the following vote:




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8. (Continued) Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. Deputy Executive Director John Holmes presented Item 8. Mr. Tommy Faavae, IBEW Local 11, commented on Item 8. 9. Re: RESOLUTION NO. 11-7095 - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 11-02) TO RANCHO LPG HOLDINGS, LLC FOR THE ABANDONMENT AND REMOVAL OF TWO PIPELINES AT BERTH 120 SUMMARY: Rancho LPG Holdings, LLC (Rancho) is proposing to abandon and remove two pipelines at Berth 120. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 11-02, a Level I, non-appealable permit for the proposed project. Recommendation: Board resolve to (1) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that this project will have no significant adverse environmental impacts as provided in the California Environmental Quality Act (CEQA); (2) authorize the Executive Director to approve the issuance of CDP No. 11-02; consistent with the project description listed on Application for Discretionary Project No. 110110-007; and (3) adopt Resolution No. 11-7095. RECOMMENDATION APPROVED AND RESOLUTION NO. 11-7095 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Vice President David Arian and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. Director of Planning and Economic Development David Mathewson provided a power point presentation on Item 9.




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Real Estate 10. Re: RESOLUTION NO. _______ - PROPOSED PERMIT NO. 893 WITH THE PACIFIC MARITIME ASSOCIATION SUMMARY: The Pacific Maritime Association (PMA) and International Longshore Warehouse Union Local 13 (ILWU) are proposing to develop a new dispatch hall on approximately nine acres of Los Angeles Harbor Department (Harbor Department) property located at Alameda Street and Anaheim Street in Wilmington, as depicted in Transmittal No. 1, (Premises) to replace its current one-acre site. Proposed Permit No. 893 (Permit) would authorize the PMA to: 1) occupy the Premises for a 32-year term at a rate of $1 per year; 2) construct, at its sole cost, a dispatch hall building of approximately 32,565 square feet, as well as ancillary improvements; and 3) enter into a sublease with the Los Angeles-Long Beach Longshore Joint Port Labor Relations Committee (JPLRC), which is comprised of the PMA and ILWU, concerning operation of the dispatch hall (Sublease). Further, in exchange for the nominal fee Permit, at the Harbor Department’s election, the PMA would be required to either: 1) grant to the Harbor Department, at no cost, the PMA’s fee interest in a 1.09-acre site owned by PMA, located on Eubank Avenue in Wilmington, and valued at an estimated $1.04 million; or 2) provide the Harbor Department with access to the PMA’s existing dispatch hall located on Broad Avenue in Wilmington to conduct port-related meetings and events at times and dates to be agreed upon by the parties. Recommendation: Board resolve to (1) approve Permit No. 893 and the Sublease; (2) direct the Board Secretary to transmit the Permit to the City Council for approval pursuant to Charter Section 607; (3) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 893; and (4) adopt Resolution No. ____________. Motion to approve staff recommendation by Vice President David Arian, seconded by Commission Douglas P. Krause and carried with the following vote: Roll call vote was taken. Ayes: Vice President Arian and Commissioner Krause (2) Noes: President Cindy Miscikowski, Commissioner Kaylynn L. Kim, and Commissioner Robin M. Kramer (3) The motion failed of adoption.




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10. (Continued) RECOMMENDATION TO CONTINUE ITEM 10 Motion by Commissioner Robin M. Kramer, seconded by Commissioner Kaylynn M. Kim and followed by the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin M. Kramer, and Commissioner Douglas P. Krause. (5) Noes: None. Ms. Marisa Katnich, Real Estate Division, provided a power point presentation on Item 10. Director of Environmental Management Chris Cannon commented on Item 10. Assistant City Attorney Peter King commented on Item 10. The following persons commented on Item 10: Mr. Joe Cortez, President, ILWU Local 13 Mr. Ken Melendez, Wilmington Waterfront Development Subcommittee Mr. Chad Lindsey, Pacific Maritime Association Mr. Mark Mascola, ILWU Local 13 Mr. Tommy Faavae, IBEW Local 11

_ _ _ _ _ _ At approximately 12 noon President Miscikowski called for a short recess.

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President Miscikowski reconvened the regular meeting. _ _ _ _ _ _

Environmental

11. Re: RESOLUTION NO. 11-7096 - APPROVAL OF PERSONAL SERVICES AGREEMENTS WITH STARCREST CONSULTING GROUP, LLC, ENVIRON INTERNATIONAL CORPORATION, E2 MANAGETECH, INC., TETRA TECH, INC., AND INTEGRA ENVIRONMENTAL CONSULTING FOR AS-NEEDED AIR QUALITY SERVICES




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11. (Continued) SUMMARY: Staff recommends approval of Agreements with Starcrest Consulting Group, LLC, Environ International Corporation, E2 ManageTech, Inc., Tetra Tech, Inc., and Integra Environmental Consulting to provide as-needed air quality services. The five (5) Agreements are for a term of three years each and for a combined total contract amount of $7,000,000. Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreements can be performed more feasibly by independent consultants rather than by City employees; (2) approve the five personal services Agreements (Transmittal 1) for a term of three years each, with a combined contract total of $7,000,000: (a) Starcrest Consulting Group (Albuquerque, NM) for $2,000,000; (b) ENVIRON (Los Angeles, CA) for $2,000,000; (c) E2 ManageTech, Inc. (Long Beach, CA) for $1,250,000; (d) Tetra Tech, Inc. (Pasadena, CA) for $1,250,000; and (e) Integra Environmental Consulting (Burbank, CA) for $500,000.; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (4) adopt Resolution No. 11-7096.

RECOMMENDATION APPROVED; RESOLUTION NO. 11-7096 ADOPTED; AND AGREEMENT NOS. 11-2950, 11-2951, 11-2952, 11-2953 AND 11-2954 APPROVED AND THEIR EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Commissioner Kaylynn L. Kim and carried with the following vote: Roll call vote was taken. Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. Director of Environmental Management Christopher Cannon provided a power point presentation on Item 11.




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Executive Office 12. Re: RESOLUTION NOS. 11-7097 AND 11-7098 - APPROVAL OF THE CITY OF LOS ANGELES HARBOR DEPARTMENT CONSTRUCTION CAREERS POLICY AND THE PORT-WIDE PROJECT LABOR AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE BUILDING TRADES SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has negotiated a five year Port-wide Project Labor Agreement (Port-wide PLA) with the building trade unions affiliated with the Los Angeles/Orange Counties Building and Construction Trade Council (Building Trades). The Port-wide PLA will serve as a blanket agreement between the Harbor Department and the Building Trades hired to work on selected Capital Improvement Program (CIP) projects for a term of five years. The Port-wide PLA seeks to address unemployment and underemployment in concentrated poverty neighborhoods, particularly near to Port of Los Angeles (Port), and seeks to advance the skills of the local labor pool. To this end, the Port-wide PLA requires a hiring minimum of local resident workers and disadvantaged workers. Historically the Harbor Department has authorized Project Labor Agreements (PLAs) for selected large and complex construction projects. A PLA is a single pre-hire labor contract between a construction owner, contractor, and the Building Trades which sets wages and work rules on a specific project. The implementation of a five year Port-wide PLA allows the Harbor Department to take advantage the benefits of a PLA while saving valuable negotiation time by having the Port-wide agreement apply to a predetermined list of construction projects. To ensure the Port-wide PLA is properly implemented, the staff also recommends the approval of a Harbor Department Construction Careers Policy (Policy). The Policy determines stakeholder roles and responsibilities. It also includes an enforcement section that assesses Liquidated Damages for non-compliance with the Port-wide PLA. Recommendation: Board resolve to (1) approve Resolution No. 11-7097 adopting the Harbor Department Construction Careers Policy; (2) approve the Harbor Department Port-wide Project Labor Agreement substantially, as to form; (3) direct the Board Secretary to transmit to the Los Angeles City Council for approval the Port-wide Project Labor Agreement pursuant to Section 373 of the City Charter; (4) authorize the Executive Director to execute the Port-wide Project Labor Agreement upon approval by City Council; and (5) adopt Resolution Nos. 11-7097 and 11-7098.




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12. (Continued) RECOMMENDATION APPROVED; RESOLUTION NOS. 11-7097 AND 11-7098 ADOPTED AND AGREEMENT NO. 11-2955 APPROVED AND IS EXECUTION AUTHORIZED Motion by Vice President David Arian, seconded by Commissioner Douglas P. Krause and carried with the following vote: Roll call vote was taken. Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None. Deputy Executive Director Michael Christensen provided a power point presentation on Item 12. The following persons commented on Item 12: Mr. Richard Slawson, Los Angeles/Orange County Building and Trades Council Mr. Tom Moxley, Los Angeles/Orange County Building and Trades Council Mr. John Chui, Los Angeles County Federation of Labor Mr. John Schaefer, Pile Drivers, Local 2375 Mr. Tommy Laavae, IBEW, Local 11 Mr. Carlos Prinzin, Volunteer, Banning High School Mr. Joel Thurwacker, Operating Engineer Local 12 Ms. Flor Barajas-Tera, LAANE Ms. Laura Espinosa, Wilmington resident Mr. Luis Alcantara, Wilmington resident Ms. Ruz Maria Robles, Wilmington resident Ms. Alice Guerrero, Wilmington resident Ms. Angela Contreras, Wilmington resident Ms. Myra Martinez, Wilmington resident Mr. Robbie Hunter, Los Angeles Building Trade Ms. Jenny Chavez, Council Office, District 15




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13. Re: RESOLUTION NO. 11-7099 - APPROVAL OF A PAYMENT TO THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY IN CONNECTION WITH THE RESPONSE TO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) ORDER NO. OPA CWA 311-09-2011-000 Executive Director Dr. Knatz announced that staff recommends the Board authorize an allocation of $500,000 from other operating expenses to the Alameda Corridor Transportation Authority for the containment of the oil release of unknown origin that threatens the Dominguez Channel and staff will allocate that in 2 (two) tranches of $250,000. Motion by Commissioner Robin M. Kramer, seconded by Vice President David Arian and carried by the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Robin Kramer, and Commissioner Douglas P. Krause. ( 5 ) Noes: None J. CLOSED SESSION – 1:20 P.M. – 1:45 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Los Angeles v. Colonial Yacht Anchorage, et al., Los Angeles Superior Court Case No. BC454598 PULLED FROM CLOSED SESSION 2. 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 regarding subject matter of EPA order on ACTA property.




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REPORT OF THE GENERAL COUNSEL General Counsel Thomas Russell reported that during the Closed Session, the Board considered the items on the Closed Session agenda but took no reportable action. THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 1:58 P.M., PRESIDENT CINDY MISCIKOWSKI ADJOURNED THE THURSDAY, MARCH 17, 2011 REGULAR MEETING OF LOS ANGELES BOARD OF HARBOR COMMISSIONERS. _________________ President _________________ Secretary Approved by the Board of Harbor Commissioners at its meeting held July 7, 2011.

minutes of the regular meeting of the los angeles...

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