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Harbor Commission

040711 Regular Agenda

Agenda - April 7, 2011

AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, APRIL 7, 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

 

D. REPORTS OF THE COMMISSIONERS

 

E. BOARD COMMITTEE REPORTS

 

F. PRESENTATION
Customs and Border Protection, Port Director Todd Hoffman
“Inspection of Vessels Originating from International Waters”

G. APPROVAL OF MINUTES
Minutes of the Special Meeting of December 16, 2010 and Regular Meetings of January 6, 2011 and January 20, 2011 for approval.

 

H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 4)

Business and Trade Development

1. Re: RESOLUTION NO. ________ - APPROVAL OF FIRST AMENDMENT FOR FOREIGN-TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT NO. 10-2848 BETWEEN THE CITY OF LOS ANGELES AND CALIFORNIA CARTAGE COMPANY, LLC., FTZ 202, SITE 1A

Transmittal 1

Transmittal 1a


SUMMARY: The Los Angeles Harbor Department (Harbor Department), as the Foreign Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from California Cartage LLC (California Cartage) to exercise their renewal option and extend their FTZ Operating Agreement - No. 10-2848 at FTZ 202 Site 1A located in Wilmington, California through April 30, 2012. The proposed First Amendment would extend the existing FTZ Operating Agreement for a term of one year, leaving a one-year renewal option.
The original agreement commenced May 1, 2010, and expires on April 30, 2011. The original terms consisted of a one year agreement with two, one year renewal options. This site includes approximately 600,000 square feet of warehouse and office space on an 84-acre parcel. California Cartage has continually operated a FTZ warehouse at this location since 1995. California Cartage will be operating their warehouses under FTZ procedures. There is no cost to the Harbor Department if approved.
Recommendation: Board resolve to (1) approve the proposed First Amendment for FTZ Operating Agreement No. 10-2848 between the City of Los Angeles and California Cartage; (2) direct the Board Secretary to transmit the proposed First Amendment to the City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed First Amendment to FTZ Operating Agreement No. 10-2848; and (4) adopt Resolution No. _________.

Information Technology

2. Re: RESOLUTION NO. ________ - PURCHASE ORDER CHANGE TO CONTRACT NO. 39478 WITH EN POINTE TECHNOLOGIES, INC. FOR INTEL-BASED COMPUTERS, LOCAL AREA NETWORK EQUIPMENT AND OTHER RELATED EQUIPMENT, SUPPLIES, AND SERVICES

Transmittal 1

Transmittal 2

Transmittal 3


SUMMARY: The Information Technology Division (ITD) is requesting approval to amend the existing Harbor Department Contract No. 39478 with En Pointe Technologies, Inc. (En Pointe) to an amount not-to-exceed $3,000,000 for the purchase of Intel-based computers, local area network (LAN) equipment, and other related equipment, supplies, and services. The purchase order change would increase the total contract amount by $1,500,000 from $1,500,000 to $3,000,000. This entire purchase order change amount is reimbursable from grant funds. The expiration date of this agreement is August 31, 2011.
The Harbor Department will be relocating its data center from the Harbor Administration Building (HAB) to the new Port Police Headquarters. This purchase order change will be used to purchase IT equipment that will replace existing older or obsolete equipment as part of this relocation effort. This data
center relocation will improve the security of the Harbor Department’s IT infrastructure and better support critical operations because the Port Police Headquarters is a more secure location, has emergency back-up power, and meets current building standards. The original En Pointe agreement is based on the competitive bid process performed by the Los Angeles World Airports (LAWA) for its contract DA-4301 in 2008. En Pointe Technologies, based in Gardena, California, is certified as a Minority Business Enterprise (MBE) by the National Minority Supplier Development Council (NMSDC) and is the first public company to receive this certification.
Recommendation: Board resolve to (1) find that in accordance with Administrative Code Section 10.15(8), the competitive contracting requirement is met using the responses from LAWA’s Request for Bids (RFB) No. 107-112 in 2008, which resulted in LAWA awarding its contract DA-4301; (2) approve the purchase order change with En Pointe Technologies, Inc. to increase the total contract amount by $1,500,000 from the original amount of $1,500,000 to a new contract amount not-to-exceed $3,000,000 for the purchase of Intel-based computers, local area network equipment, and other related equipment, supplies, and services with an expiration date of August 31, 2011; (3) authorize the Executive Director or designee to execute and the Board Secretary to attest to the purchase order change to Contract No. 39478; and (4) adopt Resolution No. _________.

Planning and Economic Development

3. Re: RESOLUTION NO. ________ - ADOPTION OF PORT MASTER PLAN AMENDMENT NO. 26 - LA WATERFRONT

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4


SUMMARY: Staff recommends that the Board of Harbor Commissioners (Board) adopt Port Master Plan Amendment No. 26 - LA Waterfront (Amendment No. 26), and authorize the Executive Director to submit Amendment No. 26 to the California Coastal Commission for certification, as required by the California Coastal Act. Amendment No. 26 provides for public access improvements to the waterfront by providing for new harbor basins in the San Pedro Waterfront and minor fills and additional land uses in the Wilmington Waterfront. These waterfront project elements were included in the Wilmington Waterfront Development Project and San Pedro Waterfront Project EIRs approved by the Board on June 18, 2009 and September 29, 2009, respectively.
Recommendation: Board resolve to (1) adopt Port Master Plan Amendment No. 26; (2) authorize the Executive Director to submit Amendment No. 26 to the California Coastal Commission for certification; and (3) adopt Resolution No. ________.

 

4. Re: RESOLUTION NO. ________ - STAFF RESPONSE TO THE PORT OF LOS ANGELES COMMUNITY ADVISORY COMMITTEE RECOMMENDATION NOS. 104 AND 105 REGARDING LOCATING THE USS IOWA AT BERTH 87

Transmittal 1

Transmittal 2

Transmittal 3


SUMMARY: Port of Los Angeles Community Advisory Committee (PCAC) Recommendation No. 104 requests that the City of Los Angeles Harbor Department (Harbor Department) provide berthing space for the battleship USS Iowa and backland space sufficient to construct an upland museum. PCAC Recommendation No. 105 identifies Berth 87 as the preferred location to berth the USS Iowa. The Harbor Department is currently working with the Pacific Battleship Center (PBC) to locate the USS Iowa at Berth 87 within the Port of Los Angeles (Port), subject to the U.S. Navy awarding the ship to the PBC and complying with all conditions outlined in the Board of Harbor Commissioners (Board) Resolution No. 10-7038. Port staff recommends approving PCAC Recommendation Nos. 104 and 105.
Recommendation: Board resolve to (1) consider and approve the Port of Los Angeles Community Advisory Committee Recommendation Nos. 104 and 105 to the extent to which they are consistent with Board Resolution No. 10-7038 dated February 16, 2011; and (2) adopt Resolution No. ________.

REGULAR ITEMS (5 - 8)

Clean Truck Program

5. Re: RESOLUTION NO. ________ - AWARD OF PURCHASE ORDER CONTRACT WITH VISION MOTOR CORPORATION TO RETROFIT HARBOR DEPARTMENT-OWNED BALQON ELECTRIC YARD TRUCKS

Transmittal 1

Transmittal 2

SUMMARY: Staff is requesting approval of a Purchase Order Contract with Vision Motor Corporation in the amount not to exceed $1,400,000 (includes taxes) to retrofit a total of fifteen Harbor Department-owned Balqon Corporation E-20/E-30 Electric Trucks, but only authorizing the order of six retrofits now, and additional retrofits if and when additional grant funding is received. The retrofits would upgrade the battery-only system to a hydrogen fuel cell hybrid system. It is anticipated that the proposed hydrogen fuel cell retrofit would double the battery range of the trucks to make them more suitable for port operations. The Hydrogen Fuel Cell Hybrid Electric Yard Trucks would be maintained and operated by the Port of Los Angeles terminal operators. Staff recommends approval of this Purchase Order Contract due to the environmental benefits and long-term economic advantages to the City of Los Angeles. The costs of the first six retrofits, up to $622,000, will be reimbursable from a $1.4 million federal grant that has been authorized for the Harbor Department from the United States Department of Energy’s (USDOE) Energy Efficiency and Conservation Block Grant (EECBG) program. The Harbor Department continues to seek additional federal/state funding to enhance/ upgrade the remaining nine electric trucks of an entire fleet of fifteen. If additional funding is secured, the requested approval by the Harbor Commissioners would also allow the Executive Director to order the retrofits of the remaining electric trucks.
Recommendation: Board resolve to (1) approve the Purchase Order Contract with Vision Motor Corporation to retrofit up to fifteen (15) Harbor Department owned electric trucks with hydrogen fuel cell hybrid systems and authorize said expenditures (Transmittal 1); (2) authorize the Executive Director to execute the Purchase Order Contract for and on behalf of the Board; (3) authorize the Executive Director to place an initial order of fuel cell enhancement/ upgrade kits to retrofit six Harbor Department owned electric trucks; (4) authorize the Executive Director to place an additional order of fuel cell enhancement/ upgrade kits up to the remaining Harbor Department owned Electric Truck fleet, subject to securing a fully reimbursable federal/state grant to offset the cost; and (5) adopt Resolution No. __________.

Environmental Management

6. Re: RESOLUTION NO. ________ - APPROVAL OF PERSONAL SERVICES AGREEMENTS WITH TETRA TECH, INC.; THE SOURCE GROUP, INC.; WORLEYPARSONS GROUP INC.; ERM-WEST, INC.; PACIFIC EDGE ENGINEERING, INC.; NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS; ECO & ASSOCIATES, INC.; AND LEIGHTON CONSULTING, INC. FOR AS-NEEDED SITE ASSESSMENT AND RESTORATION SERVICES

Transmittal 1a

Transmittal 1b

Transmittal 1c

Transmittal 1d

Transmittal 1e

Transmittal 1f

Transmittal 1g

Transmittal 1h

Transmittal 2

Transmittal 3

Transmittal 4

Transmittal 5

Transmittal 6

Transmittal 7

Transmittal 8


SUMMARY: The Environmental Management Division (EMD) recommends approval of Agreements with Tetra Tech, Inc. (Tetra Tech); The Source Group, Inc. (Source Group); WorleyParsons Group Inc. (WorleyParsons); ERM-West, Inc. (ERM); Pacific Edge Engineering, Inc. (Pacific Edge); Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore); Eco & Associates, Inc. (Eco); and Leighton Consulting, Inc. (Leighton), to provide as-needed environmental services for the investigation and remediation of soil and groundwater contamination for property reuse, hazardous and toxic waste management, and oversight of tenant remediation activities. Examples of these services include conducting environmental site assessments, soil and groundwater investigations, site cleanups, environmental media management, due diligence, and environmental regulatory compliance. The eight Agreements are for a term of three years each and for a combined total contract amount of $18,000,000.
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 eight personal services Agreements (Transmittal 1) for a term of three years each, with a combined contract total of $18,000,000 as follows:
a. Tetra Tech, Inc. (Pasadena, CA) for $5,400,000;
b. The Source Group, Inc. (Signal Hill, CA) for $3,800,000;
c. WorleyParsons Group Inc. (Long Beach, CA) for $1,900,000;
d. ERM-West, Inc. (Irvine, CA) for $1,500,000;
e. Pacific Edge Engineering, Inc. (Mission Viejo, CA) for $1,500,000;
f. Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Irvine, CA) for $1,500,000;
g. Leighton Consulting, Inc. (Los Angeles, CA) for $1,400,000; and
h. Eco & Associates, Inc. (Orange, CA) for $1,000,000;
(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. __________.

7. Re: RESOLUTION NO. ________ - APPROVAL OF PERSONAL SERVICES AGREEMENT WITH SCIENCE APPLICATIONS INTERNATIONAL CORPORATION FOR AIR QUALITY MONITORING SERVICES

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4

Transmittal 5

Transmittal 6

Transmittal 7


SUMMARY: The Environmental Management Division (EMD) recommends approval of an Agreement with Science Applications International Corporation (SAIC) to operate and maintain the air quality monitoring network in the Port of Los Angeles (Port). This Agreement is for a term of three years and for a total contract amount of $2,100,000.  The proposed Agreement supports the City of Los Angeles Harbor Department (Harbor Department) in operating and maintaining the Port’s air quality network, consisting of four monitoring stations located throughout San Pedro and Wilmington.
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 an independent consultant rather than by City employees; (2) approve the Agreement with Science Applications International Corporation for a term of three years, with a contract total of $2,100,000; (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.__________.

Real Estate

8. Re: ORDER NO. ________ - RESETTING COMPENSATION UNDER CONCESSION AGREEMENT NO. 517 WITH CABRILLO BEACH YACHT CLUB

Transmittal 1-3


SUMMARY: Concession Agreement No. 517 (CA 517) grants Cabrillo Beach Yacht Club (CBYC) the use of Los Angeles Harbor Department (Harbor Department) property located within the Cabrillo Marina West Channel (Cabrillo Marina) in San Pedro, as depicted in Transmittal 1. CA 517 provides for the construction, operation, and maintenance of structures and facilities for berthing, dry storage of recreational vessels, and related operations.
The proposed Order resetting compensation covers the three five-year periods of May 21, 2001, through May 20, 2016. The proposed Order provides for the compensation to remain the same for the reset periods of May 21, 2001 through May 20, 2011, and establishes an updated methodology for calculating fixed minimum annual rent beginning with the third reset period on May 21, 2011.
Recommendation: Board resolve to (1) adopt the Order resetting compensation under Concession Agreement No. 517 for the three five-year periods of May 21, 2001, through May 20, 2016; (2) authorize the Board Secretary to attest to the Order resetting compensation to be paid by Cabrillo Beach Yacht Club pursuant to Section 4(m) of Concession Agreement No. 517; and (3) adopt Order No. _________.

I. 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. BC454598

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)

Alice J. Bradfield, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC322640

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)

City of Los Angeles v. San Pedro Boat Works, Inc., et al., United States District Court Case No. CV-02-7986

4. 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.

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Pacific Cruise Ship Terminals concerning Operating Agreement 2264:

Property: Berths 91-93, San Pedro, California

City Negotiator: Kathryn McDermott

Tenant Negotiator: Jim Callahan

Negotiating Parties: City and Pacific Cruise Ship Terminals

Under Negotiation: Price and Terms