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Harbor Commission

060514 Regular Agenda

Regular Agenda - June 5, 2014

 


REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JUNE 5, 2014 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731

 

BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick

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. APPROVAL OF THE MINUTES

 

Receive and file the Minutes for the following dates:

May 19, 2011 Special Meeting
August 18, 2011 Special Meeting
March 15, 2012 Special Meeting
September 6, 2012 Special Meeting

G. PRESENTATION

H. CLOSED SESSION

1. 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 (one case).


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 (one case).


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

    Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O'Call site:

    Property: Berths 74-83, San Pedro, California
    City Negotiator: Michael Galvin
    Tenant Negotiators: Eric Johnson, Brian Saenger
    Negotiating Parties: City and LA Waterfront Alliance
    Under Negotiation: Price and Terms

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

    Provide instructions to its real estate negotiators with respect to Permit 899 granted to Pacific Battleship Center:

    Property: Berth 87, San Pedro, California
    City Negotiator: Jack Hedge, Paul Andres
    Tenant Negotiator: Jonathan Williams
    Negotiating Parties: City and Pacific Battleship Center
    Under Negotiation: Price and Terms

5. PUBLIC EMPLOYEE APPOINTMENT
    (Government Code Section 54957)

    Executive Director

I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

 

CONSENT ITEMS (1- 5)


Environmental Management
 

1.    Re:  RESOLUTION NO. ____________ - COST SHARE MEMORANDUM OF UNDERSTANDING WITH GATEWAY AUTHORITY AND HARBOR TOXICS TOTAL MAXIMUM DAILY LOAD RESPONSIBLE PARTIES TO CONDUCT REQUIRED MONITORING IN THE GREATER HARBOR WATERS


Transmittal 1
 

SUMMARY: The Total Maximum Daily Load for Toxic Pollutants in Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters (Harbor Toxics TMDL) was approved by the Los Angeles Regional Water Quality Control Board, the State Water Resources Control Board, and the United States Environmental Protection Agency, becoming effective on March 23, 2012. The City of Los Angeles Harbor Department (Harbor Department) is a named responsible party under the Harbor Toxics TMDL. Requirements under the Harbor Toxics TMDL have the force of law and the required elements of the Harbor Toxics TMDL include sediment, water column and fish tissue monitoring. Named parties must undertake this monitoring individually unless they choose to join a coalition. The Harbor Department has taken a leading role in convening the responsible parties, known as the Regional Monitoring Coalition (RMC). Twelve responsible parties have elected to pool efforts and resources to conduct joint monitoring as a substantial cost saving measure versus conducting individual monitoring. This Memorandum of Understanding (MOU) is for a five-year period and reflects the cost share obligations that the RMC members have agreed to and names the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) as fiduciary.

Recommendation: Board resolve to (1) approve the cost share Memorandum of Understanding with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and Harbor Toxics Total Maximum Daily Load responsible parties for the reimbursement to cover the City of Los Angeles Harbor Department's cost share obligation of $268,521 over a five-year period; (2) authorize the Board Secretary to transmit the proposed cost share Memorandum of Understanding to the Los Angeles City Council for approval in accordance with Charter Section 373 and Los Angeles Administrative Code Section 10.5(a); (3) authorize the Executive Director to execute and Board Secretary to attest to the proposed cost share Memorandum of Understanding for and on behalf of the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.

Office of the City Attorney
 

2.    Re:  RESOLUTION NO. ____________ - APPROVE FIRST AMENDMENT TO AGREEMENT NO. 3042 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MEYERS NAVE


Transmittal 1
 

SUMMARY: The Office of the City Attorney requests approval of a First Amendment (First Amendment) to Agreement for Professional Services No. 3042 (Agreement No. 3042) between the City of Los Angeles (City) Harbor Department and Meyers Nave, a Professional Law Corporation, increasing the compensation by $657,000 to an amount not to exceed $987,000 for legal services for environmental matters.

Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 3042 with Meyers Nave, increasing the compensation by $657,000 to an amount not to exceed $987,000; (2) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No.3042; and (3) adopt Resolution No.____________.

Port Police
 

3.    Re:  RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LONG BEACH FOR PARTICIPATION AS A PARTNER AGENCY IN THE AUTOMATED FIRST RESPONDER RESOURCE PROJECT


Transmittal 1
Transmittal 2


 

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is seeking to enter into a Memorandum of Agreement (MOA) with the City of Long Beach through its Harbor Commission for the purpose of participating as a Partner Agency in an automated first responder resource project entitled Blue Force. The objective of Blue Force is to deploy an automated first responder resource system for the Los Angeles/Long Beach Port Area. The project requires the installation of Global Positioning System (GPS) transponders on designated police patrol vehicles and vessels. The transponders will be used to track by satellite the response assets of each Partner Agency and integrate it with the Port of Long Beach Joint Command & Control Center. This will enhance resource deployment capabilities and strengthen all hazard responses. These capabilities were identified as an essential element of daily operations by the United States Coast Guard Captain of the Port. The intent of this MOA is to memorialize the understanding between the Harbor Department and the City of Long Beach with respect to each agency's role and responsibilities in the Blue Force project. The term of this Agreement shall be three years from the date of execution; and there is no additional cost to the Harbor Department other than budgeted resources for participation as a Partner Agency.

Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the City of Long Beach; (2) authorize the Executive Director, or his designee, to execute, and the Board Secretary to attest to the proposed Memorandum of Agreement; and (3) adopt Resolution No.____________.

4.    Re:  RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 13-3137 WITH CONVERGINT TECHNOLOGIES LP FOR SECURITY SYSTEM MAINTENANCE, REPAIR, INSTALLATION, AND INTEGRATION, ON AN AS-NEEDED BASIS


Transmittal 1
Transmittal 2


 

SUMMARY: On June 18, 2013, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 13-3137 (Agreement) with Convergint Technologies LP (Convergint), Orange, California, to assist with the maintenance, repair, replacement, installation, and integration of equipment related to Harbor Department security systems. The Agreement is for a one-year term with two, one-year renewal options. The first one-year renewal option is expected to be exercised in June 2014. This project is being partially funded ($3,000,000 fully reimbursable) with grant funding from the Fiscal Year 2012 Port Security Grant Program (FY 2012 PSGP). The proposed First Amendment (Amendment) will address the following issues that have been identified over the course of the first year of the Agreement: 1) correct an omission in Exhibit B (Fee Schedule) to reflect payment of other direct costs (ODC) retroactive to the original contract date; and 2) change Convergint's name from Convergint Technologies LP to Convergint Technologies LLC. All remaining terms and conditions of Agreement No. 13-3137 will remain in full force and effect. There will be no changes to the amount or term of the Agreement.

Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 13-3137 between the City of Los Angeles Harbor Department and Convergint Technologies LLC; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Amendment; and (3) adopt Resolution No.____________.

5.    Re:  RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR REIMBURSEMENT OF URBAN AREA SECURITY INITIATIVE FUNDS FOR FISCAL YEAR 2013


Transmittal 1
Transmittal 2


 

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 receiving funds as reimbursement from the Fiscal Year (FY) 2013 Urban Area Security Initiative (UASI) Grant Program. 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 August 2013, DHS awarded the City grant monies in support of the FY13 UASI program. On November 22, 2013, 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. The item approved for full grant reimbursement subsequent to expenditure by the Harbor Department is funding of the California Ports Tabletop Exercise in the amount of $100,000. The award is for a two-year period ending May 31, 2015. There are no matching funds required for this grant.

Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles and the City of Los Angeles Harbor Department to provide receipt of funds for reimbursement from the Fiscal Year 2013 Urban Area Security Initiative Grant Program; (2) authorize the Executive Director 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.____________.

REGULAR ITEMS (6- 8)
 
Human Resources
 

6.    Re:  RESOLUTION NO. ____________ - APPOINTING THE EXECUTIVE DIRECTOR

Recommendation: Board resolve to adopt subject Resolution No.____________.

Finance
 

7.    Re:  RESOLUTION NO. ____________ - CONSIDER FISCAL YEAR 2014/15 ANNUAL BUDGET


Transmittal 1
Transmittal 2

Transmittal 3
Transmittal 4
 

SUMMARY: The Fiscal Year (FY) 2014/15 Proposed Annual Budget (Proposed Budget) of $938,818,161 will enable the City of Los Angeles Harbor Department (Harbor Department) to meet its commitments in the coming year in line with its Strategic Plan. During the next fiscal year, the Harbor Department is projecting $281.0 million or 30% being dedicated to the Capital Improvement Program (CIP). The projects included in the CIP are those that will enable the Port of Los Angeles (Port) to maintain its competitive edge and support waterfront development while enhancing job creation and economic development. As a result of the Proposed Budget, approximately 6,250 direct and indirect jobs are projected to be created, of which 4,600 are attributed to capital spending. The Proposed Budget also reflects the Harbor Department's goals of growing Port business in a sustainable and fiscally responsible manner. Of the $217.3 million in proposed operating expenses, about $35 million is committed to Port Police operations dedicated to maintaining a safe and secure Port environment. Approximately $18 million is also dedicated to environmental management operations, of which $3.5 million is earmarked for environmental incentives towards reducing emissions from Port operations. Given a slow recovering economy, competitive threats, and a changing shipping industry, the Proposed Budget includes $3.5 million for the Ocean Common Carrier Incentive Program (Carrier Incentive Program) that will be covered by increased operating revenues resulting from the program. Additionally, the Proposed Budget meets key financial metrics as set forth in the Harbor Department's Financial Policies, Strategic Plan and Mayoral Priority Outcomes (see table below). It is also consistent with the preliminary budget proposal provided to the Board of Harbor Commissioners (Board) on March 20, 2014, with changes that in the aggregate do not materially affect budget appropriations.

Key Financial Metric Minimum Proposed Budget
Debt Rating AA AA
Debt Service Coverage 2.0X 2.8X
Operating Margin 45% 48%
Unrestricted Cash Levels $207 Million $266 Million
 

Recommendation: Board resolve to (1) adopt the Fiscal Year 2014/15 Proposed Annual Budget for the City of Los Angeles Harbor Department and appropriate funds in accordance herewith; (2) authorize the Executive Director, or designee, to make any technical adjustments consistent with the Board action(s) to the Fiscal Year 2014/15 Proposed Annual Budget documents, so as to provide for the implementation of this budget; and (3) adopt Resolution No.____________.

Information Technology

8.    Re:  RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 13-3188 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ACCUVANT, INC. FOR A CYBER SECURITY OPERATIONS CENTER


Transmittal 1
 

SUMMARY: The Information Technology (IT) Division is requesting approval of the First Amendment to Agreement No. 13-3188 with Accuvant, Inc. (Accuvant) for the second and final phase of a Cyber Security Operations Center (CSOC). The CSOC, located on the second floor of the Harbor Administration Building, will be equipped with hardware and software that will serve a critical role in reducing the cyber risks to the City of Los Angeles Harbor Department (Harbor Department). The proposed First Amendment will increase the amount of Agreement No. 13-3188 by $2,000,000, up to a total of $4,149,814, and extend the term by one additional year, up to a total of two years. The Port Security Grant Program (PSGP) 2013, which the Board of Harbor Commissioners (Board) accepted at its November 7, 2013 meeting, will reimburse the Harbor Department $1,500,000 of the First Amendment. The Harbor Department will pay for the remaining $500,000 because the PSGP grant requires the grantee to pay a 25 percent cost-share. The CSOC Phase II is anticipated to begin in August 2014 and will be completed before the PSGP 2013 grant expiration date of August 31, 2015. The total budget for the CSOC Phase II project, which includes the proposed First Amendment and $364,000 for the cost of existing employees assigned to the project, is $2,364,000. The selection of Accuvant for Agreement No. 13-3188 was based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. The RFP and Agreement contemplated both Phase I and Phase II. Accuvant is headquartered in Denver, Colorado, with services from its local office in El Segundo, California.

Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the work under the subject agreement can be performed more feasibly by independent contractors than by City employees; (2) approve the First Amendment to Agreement No. 13-3188 with Accuvant, Inc. which increases the total, not-to-exceed amount of the Agreement to $4,149,814 and an increased term of an additional one (1) year; (3) authorize the Executive Director to execute and the Board Secretary to attest to Agreement No. 13-3188 as amended; and (4) adopt Resolution No.____________.