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Harbor Commission

060211 Regular Agenda

Agenda - June 2, 2011

AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 2, 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

iWATCH - Captain Nixon

G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 5)

Commission Office

1. Re: RESOLUTION NO. _____________ - APPROVAL OF TRAVEL FOR COMMISSION VICE PRESIDENT DAVID ARIAN FOR A BUSINESS DEVELOPMENT TRIP TO ASIA
Recommendation: Adoption of the Resolution approving travel for Commission Vice President David Arian to Asia, June 5 - 11, 2011.

Business and Trade Development

2. Re: RESOLUTION NO. ____________ - APPROVAL OF FOREIGN TRADE ZONE GENERAL PURPOSE OPERATING AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND KOMAR DISTRIBUTION SERVICES, FTZ 202, SITE 20B

Transmittal 1

Transmittal 2

SUMMARY: The Los Angeles Harbor Department (Harbor Department), as the Foreign Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements (Operating Agreement) with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from Komar Distribution Services (Komar) to activate their site within FTZ 202 Site 20B, located at 11850 Riverside Drive, Mira Loma, California 91752. Komar will be operating their warehouses under FTZ procedures. The Operating Agreement will provide a term of five years with three five-year renewal options.
Recommendation: Board resolve to (1) approve the proposed Foreign Trade Zone Operating Agreement between the City of Los Angeles and Komar; (2) direct the Board Secretary to transmit the proposed Agreement to the Los Angeles 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 Foreign Trade Zone Operating Agreement; and (4) adopt Resolution No. __________.

Contracts and Purchasing

3. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39585 TO CANON BUSINESS SOLUTIONS FOR THE LEASE/RENTAL OF PHOTOCOPIER EQUIPMENT

Transmittal 1

Transmittal 2

SUMMARY: The Contracts and Purchasing Division requests approval to award Contract No. 39585 to Canon Business Solutions for photocopier lease/rental services. Contract No. 39585 is a one-year contract, with two one-year renewal options at an annual amount not-to-exceed $350,000. Through this contract, Canon Business Solutions will supply and maintain black and white photocopiers at various Harbor Department office locations.
Recommendation: Board to resolve (1) approve Contract No. 39585 with Canon Business Solutions for a one-year term at a not-to-exceed amount of $350,000; (2) authorize the Executive Director to execute two, one-year extensions at an amount not-to-exceed $350,000 annually, subject to budget authorization in each fiscal year; (3) authorize the Executive Director to execute the proposed contract; and (4) adopt Resolution No. __________.

Information Technology

4. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT TO KEY INFORMATION SYSTEMS FOR IBM MIDRANGE HARDWARE, SOFTWARE, AND SOFTWARE MAINTENANCE

Transmittal 1

Transmittal 2

SUMMARY: The Information Technology Division (ITD) is requesting approval to award a purchase order contract to Key Information Systems (KIS) for an amount not-to-exceed $2,500,000 for the purchase of IBM midrange hardware, software, and software maintenance. Midrange hardware includes the enterprise computer servers and storage, which are used to run applications, databases, file folders, and other networked resources. No services will be purchased from this contract. Of the total not-to-exceed amount, $1,166,667 is reimbursable from a Round 8 Department of Homeland Security grant and a State of California Governor's Office Proposition 1B grant. The expiration date of this contract shall be April 30, 2014. This contract will be used to purchase IBM midrange hardware, software, and software maintenance to support two primary efforts. First, the relocation of the Data Center from the Harbor Administration Building (HAB) to the new Port Police Headquarters (PPHQ). The equipment purchased from this contract will replace existing older or obsolete equipment as part of this relocation effort. The PPHQ Data Center will improve the security of the Harbor Department's IT infrastructure and better support critical operations because the PPHQ is a more secure location, has emergency back-up power, and meets current building standards. Second, this contract will be used to purchase equipment to support on-going operations, new projects, and future growth.
The recommendation to select KIS is based on the competitive bid process performed by the City of Los Angeles, General Services Department (GSD) for its contract 59268. KIS is based in Woodland Hills, California.

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 the City's Request for Qualifications (RFQ) Number EV0000260, which resulted in the City awarding it contract 59268; (2) approve the contract with Key Information Systems for the purchase of IBM midrange hardware, software, and software maintenance for an amount not-to-exceed $2,500,000 with an expiration date of April 30, 2014; (3) authorize the Executive Director to execute the contract; and (4) adopt Resolution No. ___________.

Planning and Economic Development

5. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 11-03) TO THE LOS ANGELES HARBOR DEPARTMENT FOR THE CONSTRUCTION OF RESTROOM IMPROVEMENTS AT CABRILLO BEACH

Transmittal 1

Transmittal 2

SUMMARY: As part of the San Pedro Waterfront Enhancement Project (SPWEP), the City of Los Angeles Harbor Department (Harbor Department) proposes to construct five new restrooms and related utilities at Cabrillo Beach. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 11-03, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project is consistent 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; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No. 11-03, consistent with the project description contained in Application for Discretionary Project No. 090817-097; and (3) adopt Resolution No. _______.

REGULAR ITEMS (6 - 12)

Engineering Division

6. Re: RESOLUTION NO. _____________ - FIRST AMENDMENT - PERSONAL SERVICE AGREEMENT NO. 2681 BETWEEN THE CITY OF LOS ANGELES AND HDR ENGINEERING, INC. FOR THE C STREET/I-110 ACCESS RAMP IMPROVEMENTS PROJECT ENGINEERING DESIGN SERVICES

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4

Transmittal 5

Transmittal 6

SUMMARY: Agreement No. 2681 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and HDR Engineering, Inc. (Consultant), Los Angeles, California, to provide environmental documentation and engineering design services for the C Street/I-110 Access Ramp Improvements Project was approved by the Board of Harbor Commissioners (Board) on June 5, 2008. This First Amendment (Transmittal No. 1), if approved by the Board and Los Angeles City Council (City Council), will add $500,000 to the contract and increase the contract term by five years from the current expiration date of July 7, 2011 to July 7, 2016. This time extension will provide the additional time necessary to complete the project design and provide support services during construction. The total revised contract amount, including all change orders, will be $3,992,200.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work covered under this Amendment can be performed more feasibly by an independent consultant rather than by City employees; (2) approve this First Amendment to Agreement No. 2681 with HDR Engineering, Inc. to increase the contract amount by $500,000 and extend the contract term by five years; (3) authorize and direct the Board Secretary to forward the First Amendment to the City Council for its approval pursuant to Los Angeles Administrative Code 10.5(a); (4) authorize the Executive Director to execute and Board Secretary to attest to said Amendment for and on behalf of the Board; and (5) adopt Resolution No. _________.

7. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT - PERSONAL SERVICES AGREEMENT NO. 2682 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PARSONS TRANSPORTATION GROUP, FOR THE JOHN S. GIBSON BOULEVARD/I-110 FREEWAY ACCESS RAMP IMPROVEMENTS AND SR-47/I-110 NORTHBOUND CONNECTOR WIDENING PROJECT ENGINEERING DESIGN SERVICES

Transmittal 1

Transmittal 2

Transmittal 3

Transmittal 4

Transmittal 5

Transmittal 6

SUMMARY: Agreement No. 2682 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and Parsons Transportation Group (Consultant), Pasadena, California to provide environmental documentation and engineering design services for John S. Gibson Boulevard/Interstate-110 (I-110)I-110 Freeway Access Ramp Improvements and State Route (SR)-47/I-110 Northbound Connector Widening Project was approved by the Board of Harbor Commissioners (Board) on June 5, 2008.
This First Amendment (Transmittal No. 1), if approved by the Board and Los Angeles City Council (City Council), will add $1,177,661 in funds to the contract and extend the contract term by five years from the current expiration date of July 7, 2011 to July 7, 2016. This time extension will provide the additional time necessary to complete the project design and provide support services during construction. The total revised contract amount, including all Change Orders to date, will be $5,730,009.

Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work covered under this Amendment can be performed more feasibly by an independent consultant rather than by City employees; (2) approve the First Amendment to Agreement No. 2682 with Parsons Transportation Group to increase the contract amount by $1,177,661 and extend the contract term by five years; (3) authorize and direct the Board Secretary to forward this First Amendment to the City Council for its approval pursuant to Los Angeles Administrative Code 10.5(a); (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. ________.

Finance Division

8. Re: RESOLUTION NO. ___________ - FISCAL YEAR 2011/12 PROPOSED ANNUAL BUDGET

Transmittal 1

SUMMARY: Transmitted herewith is the proposed Fiscal Year (FY) 2011/12 Annual Budget for revenues, expenses, and capital for the City of Los Angeles Harbor Department (Harbor Department or Port) - see Transmittal No. 1. This proposed budget reflects the Harbor Department's effort to balance its Strategic Priorities with the costs associated with implementing them, along with the anticipated amounts of revenues. The proposed budget is generally consistent with the preliminary information provided to the Board of Harbor Commissioners (Board) during the budget hearing held on March 17, 2011; significant changes subsequent to the hearing are delineated herein.
The total proposed budget of $976,585,403 for Fiscal Year 2011/12 represents a $67 million or 7.4% increase from the $909,585,784 Fiscal Year 2010/11 Adopted Budget (Adopted Budget) and a $23.3 million or 2.3% decrease from the $999,789,126 estimated expenditures for the current fiscal year, primarily reflecting the realignment of funding capital projects with construction needs. Of the total budget, the key components are (and as depicted in the following chart):

$291.0 million or 29.8% of the total budget for Capital;
$243.4 million or 24.9% as the Unappropriated Balance carried forward;
$225.6 million or 23.1% for Operating Expenses;
$154.2 million or 15.8% as Restricted Cash (including future commitments); and
$62.4 million or 6.4% as the Non-Operating Expenses and other balance sheet items (i.e., bond issuance costs).

Recommendation: Board resolve to (1) adopt the proposed Fiscal Year 2011/12 Annual Budget for the Harbor Department and appropriate funds in accordance therewith (see Transmittal No. 1); (2) authorize the Executive Director, or designee, to make any technical adjustments consistent with Board action(s) to the Fiscal Year 2011/12 budget documents, so as to provide for the implementation of this budget; and (3) adopt Resolution No. ________.

Planning and Economic Development

9. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 11-04) TO THE LOS ANGELES HARBOR DEPARTMENT FOR IMPROVEMENTS TO BERTHS 155-156

Transmittal 1

Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is applying for a Coastal Development Permit (CDP) for improvements to Berths 155-156 to allow for the receipt and delivery of goods and material to and from Catalina Island. These facility improvements would replace the existing Catalina Island cargo facility at Berth 184. Staff is recommending the Board of Harbor Commissioners (Board) approve a Level I, non-appealable CDP for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project is consistent 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; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No. 11-04, consistent with the project description listed on Application for Discretionary Project No. 060829-183; and (3) adopt Resolution No. ________.

Port Police

10. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39589 FOR PURCHASE OF A RADSPEC MARITIME MONITORING SYSTEM FOR PROTECTION OF PORT INFRASTRUCTURE AND RESOURCES

Transmittal 1

Transmittal 2

Transmittal 3

SUMMARY: Staff requests approval of Contract No. 39589 to Thermo Eberline, LLC, of Franklin, Massachusetts, for the purchase of a RADspec Maritime Monitoring System in the amount of $198,000. This highly sensitive, portable radiation and nuclear material detection equipment will be used to identify vehicle- and vessel-borne radiological hazards at the World Cruise Center and other areas in the Port complex. This is new equipment; it will provide Port Police the ability to identify the covert movement of special radiological/nuclear materials or weapons in populated areas, and as a mobile identification system for land-, water- or air-based operations. At its February 17, 2011 meeting, the Board of Harbor Commissioners (Board) approved a Memorandum of Agreement (MOA) with the City of Los Angeles, through its Mayor's Office as the fiduciary agent, to provide reimbursement of funds from the Urban Area Security Initiative (UASI) 2009 Grant Funds for the purchase of mobile radiological nuclear detection equipment. Funds have been requested in the Port Police Fiscal Year (FY) 2012 Capital Budget. The total grant award for the mobile radiological nuclear detection equipment is $200,000, which will fully fund the equipment. The estimated annual cost of operation and maintenance for this equipment is $7,500.
Recommendation: Board resolve to (1) award Contract No. 39589 to Thermo Eberline, LLC, for the purchase of a RADspec Maritime Monitoring System in the amount of $198,000 including tax and delivery; (2) authorize the Executive Director to execute the Contract for and on behalf of the Board; and (3) adopt Resolution No. ____________.

11. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39580 FOR PURCHASE OF POLICE TRAINING VESSELS TO SUPPORT THE REGIONAL MARITIME LAW ENFORCEMENT TRAINING CENTER

Transmittal 1

Transmittal 2

Transmittal 3

SUMMARY: Staff requests approval of Contract No. 39580 to Gravois Aluminum Boats LLC, DBA Metal Shark Aluminum Boats of Jeanerette, Louisiana, for the purchase of four vessels to train students at the Regional Maritime Law Enforcement Training Center (MLETC). These vessels will be used to provide standardized training to public safety personnel engaged in waterborne law enforcement operations. The MLETC will offer State of California, Commission on Peace Officer Standards and Training (POST) and Federal Law Enforcement Training Center (FLETC) approved coursework to public safety personnel who operate in a port or maritime environment. The vessels are being purchased through the Federal government's General Services Administration (GSA) program at their guaranteed lowest price. The contract total for the four vessels is $943,065. Funds have been authorized in the Port Police Capital Budget, and the equipment will be fully reimbursed under Transportation Security Administration (TSA), Port Security Grant Program (PSGP), Round 8 and State of California Proposition 1B. Vessel operation and maintenance costs are estimated at $15,000 per vessel annually.
Recommendation: Board resolve to (1) award Contract No. 39580 for the purchase of four, fully-equipped Relentless training vessels in the amount of $943,065, including tax and delivery; (2) authorize the Executive Director to execute the Contract for and on behalf of the Board; and (3) adopt Resolution No. _____________.

12. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39582 FOR PURCHASE OF POLICE PATROL VESSELS TO PROVIDE WATERBORNE RESPONSE CAPABILITIES

Transmittal 1

Transmittal 2

Transmittal 3

SUMMARY: Staff requests approval of Contract No. 39582 to SAFE Boats International of Port Orchard, Washington, for the purchase of two Port Police patrol vessels as replacements for existing vessels which are 16 and 22 years old, and will be salvaged. These vessels are the primary platform maritime police officers at the port use to conduct waterborne safety and security operations. The acquisition of SAFE Boats continues an effort to standardize of our patrol vessel platform which allows for increased efficiency and reduction in maintenance time and costs.
The vessels are being purchased through the Federal General Services Administration (GSA) program at the Federal government's guaranteed lowest price. Funds have been authorized in the Port Police Capital Budget, and the equipment is eligible for reimbursement under Transportation Security Administration (TSA), Port Security Grant Program (PSGP), Round 8 and State of California Proposition 1B. The cost of each vessel is $278,355, for a total of $556,710 for both vessels; Port reimbursement for the vessels is $456,935 with the remainder being funded by Port funds. By purchasing these standardized vessels to replace older non-standardized platforms, data from the Construction and Maintenance Division indicates a maintenance savings of $26,000 per vessel annually for the first five years, decreasing to $7,500 per vessel each year thereafter, for a total ten year maintenance savings of $335,000.
Recommendation: Board resolve to (1) award Contract No. 39582 for the purchase of two SAFE Boat Defenders in the amount of $556,710, including tax and delivery; (2) authorize the Executive Director to execute the Contract for and on behalf of the Board; and (3) adopt Resolution No. _________.

H. CLOSED SESSION

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

The United States of America ex rel. State of California ex rel. Stanley D. Mosler v. City of Los Angeles, et al., United States District Court Case No. 02-02278-SJO

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

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

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

City of Riverside v. City of Los Angeles, et al., Orange County Superior Court Case No. 30-2009-00123216

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

John Gibson Blvd. Associates LLC v. Port of Los Angeles, City of Los Angeles, et al., Los Angeles Superior Court Case No. BC438756

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: six cases.