Agenda - Date
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 17, 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 Kaylynn L. Kim
Commissioner Robin Kramer
Commissioner Douglas P. Krause
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
AMP, Master Plan
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 6)
Planning & Economic Development
SUMMARY: NuStar Energy, LP (NuStar) is proposing to demolish an office building and place two modular office trailers at 841 South La Paloma Avenue in Wilmington. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 11-01, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project is in conformity 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. 11-01; consistent with the project description listed on Application for Discretionary Project No. 101202-104; and (3) adopt Resolution No. ____________.
Port Police
SUMMARY: Staff requests approval of Contract No. 39570 to Matthews Specialty Vehicles, Inc., of Greensboro, North Carolina, for the purchase of a Mobile Incident Command Center in the amount of $592,972, to replace an existing vehicle which is 17 years old and will be salvaged. Police mobile command centers are integral to responses to emergencies and are the primary platform for personnel to conduct Unified Incident Command System (ICS) operations during an emergency or disaster situation. The command center will be deployed during port-wide emergencies and mutual aid occurrences where a field communications and command center is necessary to maintain situational awareness and security. Funds have been authorized in the Port Police Capital Budget, and the equipment is eligible for reimbursement under the 2007 Transportation Security Administration, Port Security Grant Program, Round 7B and the 2008 State Proposition 1B Grant Program. The total award for the Mobile Command Center project is $1,200,000. The remaining award will be used to install tactical and interoperable communications equipment after delivery of the platform. Vehicle operation and maintenance cost are estimated at $5,000 annually.
Recommendation: Board resolve to (1) award Contract No. 39570 for the purchase of a Mobile Incident Command Center in the amount of $592,972; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Contract for and on behalf of the Board; and (3) adopt Resolution No. ____________.
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into Memoranda of Understanding (MOU) with sub-grantees of the 2008 Federal Port Security Grant Program (PSGP). In August 2008, the U.S. Department of Homeland Security (DHS) awarded a Federal grant in the amount of $38,156,658 to the Los Angeles/Long Beach (LA/LB) port region. Included in the award the Harbor Department received funding for ten project, totaling $16,400,000. The U.S. Coast Guard (USCG) Sector LA/LB selected the Harbor Department to act as the Fiduciary Agent for the management and distribution of these funds, monitor the progress of each funded project, process documentation from sub-grantees, accept reimbursement money from the Federal Emergency Management Agency (FEMA), and disburse those funds to sub-grantees. The Harbor Department will not be responsible for providing funds for any granted projects other than those awarded to the Harbor Department, and will be reimbursed for its fiduciary agent efforts up to three percent of the amount of the award.
The 41 projects funded through this grant were selected by the Area Maritime Security Committee (AMSC), under the leadership of the USCG Sector LA/LB. As a voting member of the AMSC, the Harbor Department participated in the selection of projects chosen for funding. Staff is recommending the Board of Harbor Commissioners (Board) approve the MOU template to be used for all sub-grantees.
Recommendation: Board resolve to (1) approve the Memoranda of Understanding with the Harbor Department and the sub-grantees – Los Angeles Fire Department, Los Angeles Police Department, Los Angeles Sheriff’s Department, Port of Long Beach, Long Beach Fire Department, APM Terminal, Total Terminals International, International Transportation Service, Inc., and Millennium Maritime; (2) authorize the Executive Director to execute and the Board Secretary to attest to the MOUs; (3) authorize the Harbor Department to reimburse the projects listed in Transmittal 3 as approved for funding by Federal Emergency Management Agency; and (4) adopt Resolution No. ____________ accepting the MOUs with sub-grantees of the FY 2008 PSGP.
Construction
SUMMARY: The existing Agreement No. 08-2687 between the City of Los Angeles Harbor Department (Harbor Department) and Berg & Associates, Inc., of San Pedro, CA, is scheduled to expire on July 28, 2011. This First Amendment to Agreement No. 08-2687 will extend the subject Agreement from three years to four years for continued construction management services supporting construction and contract closeout of the Harry Bridges Boulevard Buffer (Buffer) and Harry Bridges Boulevard Voluntary Improvements (Blvd) projects. No additional compensation is being requested.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 08-2687, extending the term of the Agreement from three years to four years (Transmittal No. 1); (2) authorize the Executive Director to execute, and the Board Secretary to attest to said Amendment for and on behalf of the Board pending City Council approval; (3) adopt Resolution No. ____________; and (4) direct the Board Secretary to forward the Amendment to the City Council for its approval pursuant to Section 373 of the City Charter.
SUMMARY: Staff recommends that the installation of fiber optic network conduit by directional drilling across the Main Channel, Consolidated Channel, and Cerritos Channel under the Fiber Optic Network – Horizontal Directional Drill Project, City of Los Angeles Harbor Department (Harbor Department) Specification No. 2737 (Project), be performed by a prequalified contractor. Completion of this fiber optic conduit installation is critical to port security in order to create a secure and redundant pathway of communication in the event of an emergency or a failure in the existing wireless communication system. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City).
This report identifies characteristics of the Project that require specialized expertise, equipment, personnel, and experience of the contractor and provides justification for utilizing the prequalification process to attain benefits for the City. This $6,000,000 Project is federally funded under the American Recovery and Reinvestment Act of 2009 (ARRA). This ARRA funding requires completion by August, 2012. Failure to meet this deadline will jeopardize this Project funding. Prequalification of contractors will promote the safe, timely, and cost-effective delivery of this critical and technically-challenging Project. Timely delivery of this Project will not only provide the earliest possible implementation of the communication system security and redundancy critical to port security but will also insure that the essential ARRA grant funding is not jeopardized.
Recommendation: Board resolve to (1) adopt the Resolution for Prequalification of Bidders (Transmittal No. 1), finding that utilization of the bidder prequalification process for installation of the fiber optic conduit by directional drilling would benefit the City of Los Angeles pursuant to Section 375 of the Los Angeles City Charter and Section 10.18 of the Los Angeles City Administrative Code for the Fiber Optic Network – Horizontal Directional Drill project; and (2) adopt Resolution No. ____________.
SUMMARY: The existing Agreement No. 08-2707 with TranSystems Corporation, located in Long Beach, California, will expire on September 8, 2011, approximately the same time as the estimated completion date of the Cabrillo Marina Phase II construction project. The First Amendment to Agreement No. 08-2707 will extend the Agreement from 1,095 calendar days to 1,300 calendar days. This time extension is necessary for completion of construction management services and contract closeout of the Cabrillo Way Marina Phase II Project. No additional compensation is being requested.
Recommendation: Board resolve to (1) approve First Amendment to Agreement No. 08-2707, extending the term of the Agreement from 1,095 calendar days to 1,300 calendar days (Transmittal No. 1); (2) authorize the Executive Director to execute, and the Board Secretary to attest to said Amendment for and on behalf of the Board pending City Council approval; (3) adopt Resolution No. ____________ and (4) direct the Board Secretary to forward the Amendment to the City Council for its approval pursuant to Section 373 of the City Charter.
REGULAR ITEMS (7 - 11)
Port Police
SUMMARY: The proposed action recommends that the Board of Harbor Commissioners (Board) approve of a contract award to TranSystems Corporation, Long Beach, California. The recommended contractor will provide professional and technical assistance in the development and implementation of a security awareness training program. Curriculum and course material will be delivered via the internet and classroom setting to groups including, but not limited to, longshore workers, community members, Harbor Department employees, facility security officers, terminal security personnel, and terminal staff in non-security positions. Training topics will include, but are not limited to, general security awareness, detecting and reporting suspicious activities, Maritime Transportation Security Act regulations, operational security, intelligence gathering, planning and targeting, facility vulnerability assessments, terminal physical security, and terminal operation security measures.
This project was selected by the Area Maritime Security Committee (AMSC) under the leadership of the United States Coast Guard (USCG) Sector Los Angeles/Long Beach (LA/LB) and was approved by the United States Department of Homeland Security (DHS), Port Security Grant Program (PSGP), Fiscal Year 2008 in the amount of $375,000. Additionally, funds in the amount of $125,000 were approved as part of the 2008 State Proposition 1B Grant Program for a 100% reimbursable total cost of $500,000. This action will authorize a one-year contract term from the date of execution, with two, one-year renewal options, for an amount not to exceed $500,000.
Recommendation: Board resolve to (1) find that in accordance with City Charter Section 1022, work under the subject agreement is temporary in nature and can be performed more feasibly by an independent consultant rather than by City employees; (2) Approve the subject agreement with TranSystems Corporation for a term of three years at an amount not-to-exceed $500,000 and when funding has been fully expended, the program will be discontinued; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement on behalf of the Board; and (4) adopt Resolution No. ___________.
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 reimbursing funds from the Urban Areas Security Initiative (UASI) for Fiscal Year 2009 (FY09). 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 April 2009, DHS awarded the City grant monies in support of the FY09 UASI program. On August 3, 2010, 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. Awards approved for expenditure by the Harbor Department are mobile radiological nuclear detection equipment ($200,000) and crime and intelligence analyst staffing ($160,000), for the total dollar amount of $360,000. The contracted analyst position will staff the Port’s counter terrorism analyst position at the Joint Regional Intelligence Center. This position reviews all maritime-related terrorism threats and specifically analyzes vulnerabilities to the Port. The award is for a three-year period ending March 31, 2012.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the Harbor Department and the City, by and through the Mayor’s Office, to provide reimbursement of funds 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: Agreement No. 2673 (Agreement) between the City of Los Angeles (City) and Tetra Design, Inc., Los Angeles, California (Consultant), provides planning, engineering, architectural, and landscape design services for the Downtown Waterfront Harbor Project (Project). The Agreement was approved by the Board of Harbor Commissioners (Board) on May 1, 2008 for a term of three years in the amount of $8,986,412 (Transmittal No. 1).
This First Amendment will revise the Project’s scope of work to eliminate Project elements from this contract, reallocate funds to the remaining Project elements, and increase the contract term by five years from the current expiration date of June 1, 2011 to June 1, 2016 (Transmittal No. 2). The extension, if approved by the Board and the Los Angeles City Council (City Council), will provide additional time necessary to complete the Project design and provide design support services during construction. No additional funding is required.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles (City) Charter Section 1022, work covered under the subject Amendment can be performed more feasibly by an independent consultant rather than by City employees; (2) approve the First Amendment to Agreement No. 2673 with Tetra Design, Inc. to revise the Project’s scope of work to eliminate Project elements from this contract, reallocate funds to the remaining Project Elements, and increase the contract term by five years from the current expiration date of June 1, 2011 to June 1, 2016; (3) direct the Board Secretary to forward the First Amendment to Agreement No. 2673 to the City Council for its approval pursuant to Section 373 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No. ____________.
Construction
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) has committed to the timely delivery of an on-dock rail yard as part of the Berths 136-147 (TraPac) Container Terminal Project. In order for the on-dock rail yard to be built, the Pier A Rail Yard must be relocated to a new location at Berth 200. Staff recommends that construction of the new Berth 200 Rail Yard Project, Harbor Department Specification No. 2724, be performed by prequalified contractors to insure timely completion of the project. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City). This report sets forth characteristics of the proposed project and the justification for utilizing the prequalification process to attain benefits for the City. The Project is federally funded under the American Recovery and Reinvestment Act of 2009 (ARRA).
Recommendation: Board resolve to (1) approve the Resolution for Prequalification of Bidders (Transmittal No. 1), finding that utilization of the bidder prequalification process for construction of the Berth 200 Rail Yard would benefit the City of Los Angeles pursuant to Section 375 of the Los Angeles City Charter and Section 10.18 of the Los Angeles City Administrative Code, for the Berth 200 Rail Yard project; and (2) adopt Resolution ____________.
SUMMARY: Staff recommends that construction of the South Wilmington Grade Separation Project, City of Los Angeles Harbor Department (Harbor Department) Specification No. 2690, be performed by prequalified contractors. Section 375 of the Los Angeles City Charter allows prequalification of bidders for construction contracts if the Board of Harbor Commissioners (Board) finds that utilization of such a process would benefit the City of Los Angeles (City). This report sets forth characteristics of the proposed project and the justification for utilizing the prequalification process to attain benefits for the City.
Recommendation: Board resolve to (1) adopt the Resolution for Prequalification of Bidders (Transmittal No. 1), finding that utilization of the bidder prequalification process for construction of the South Wilmington Grade Separation Project would benefit the City of Los Angeles pursuant to Section 375 of the Los Angeles City Charter Section 10.18 of the Los Angeles City Administrative Code for the South Wilmington Grade Separation project; and (2) adopt Resolution ____________.
G. CLOSED SESSION
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. BC454598u>
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.