Regular Agenda - November 7, 2013
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVEMBER 7, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Douglas P. Krause
Commissioner Anthony Pirozzi, Jr.
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 MINUTES
G. PRESENTATIONS
Resolution for Cirque Du Soleil
H. SPECIAL ORDER OF THE DAY
PUBLIC HEARING
Pursuant to the California Coastal Act of 1976, as amended, and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: TraPac Inc. (TraPac) is proposing to install 39 Automated Stacking Cranes (ASCs), which are an element of TraPac's automated backland container handling operations, and two 12,000 fuel tanks at Berths 136-147. The terminal automation scope of work, including the ASCs was approved by the Board of Harbor Commissioners (Board) on September 19, 2013. Staff is recommending that the Board approve a Level III, non-appealable Coastal Development Permit (CDP) No. 13-13 for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 13-13; (2) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that under the requirements of the California Environmental Quality Act (a) the proposed project was found to have significant and unavoidable adverse environmental impacts as analyzed in the Berths 136-147 TraPac Container Terminal Environmental Impact Report certified by the Board on December 6, 2007, (b) the Board adopted mitigation measures to reduce such impacts, (c) adopted Findings and a Statement of Overriding Considerations as part of its certification and approval of the TraPac Project, and (d) considered an Addendum to the certified Environmental Impact Report on September 19, 2013 for changes or alterations to the TraPac Project that resulted in no new environmental impacts or increase in severity of previously identified impacts; (3) upon closure of the public hearing, resolve to approve the issuance of a Level III, non-appealable Coastal Development Permit No. 13-13 for the installation of 39 ASCs and two 12,000 gallon fueling station tanks at Berths 136-147, subject to the standard conditions set forth in the permit, and direct the Director of Planning & Economic Development to issue said permit; and (4) adopt Resolution No.____________.
Pursuant to the California Coastal Act of 1976, as amended, and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) in cooperation with the California Department of Transportation (Caltrans) proposes to improve the Interstate 110 (I-110) freeway/C Street Interchange (Proposed Project). Portions of the Proposed Project that are located on John S. Gibson Boulevard and Harry Bridges Boulevard are within the coastal zone in the jurisdiction of the Harbor Department and require the issuance of a Coastal Development Permit (CDP). Staff is recommending that the Board of Harbor Commissioners (Board) approve CDP No. 13-14, a Level III, non-appealable permit, for the sections of the Proposed Project that are in the coastal zone.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 13-14; (2) 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; (3) upon closure of the public hearing, resolve to approve the issuance of a Level III, non-appealable Coastal Development Permit No. 13-14 for the John S. Gibson Boulevard and Harry Bridges Boulevard roadway widening and right-of-way improvements as part of the C Street/I-110 Access Ramp Improvements Project, subject to the standard conditions set forth in the permit, and direct the Director of Planning & Economic Development to issue said permit; and (4) adopt Resolution No.____________.
I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (3-9)
Commission Office
3. Re: RESOLUTION NO. ____________ - APPROVAL OF TRAVEL OF COMMISSION VICE PRESIDENT DAVID ARIAN ON A BUSINESS DEVELOPMENT TRIP TO TOKYO, JAPAN
Recommendation: Board resolve to adopt Resolution No.____________ approving travel for Vice President David Arian for a Business Development trip to Tokyo, Japan on November 12 -15, 2013.
4. Re: RESOLUTION NO.____________ - APPOINTING INTERIM EXECUTIVE DIRECTOR
Recommendation: Board resolve to adopt subject Resolution No.____________.
Construction
Transmittal 1
Transmittal 2
SUMMARY: The project consists of nonexclusive on-call general construction and site improvements throughout the San Pedro, Wilmington, and Terminal Island districts. The lowest responsive and responsible bidder is Sialic Contractors Corporation dba Shawnan (Shawnan), located in Downey, California. The contract amount is $28,255,250, plus a 5% contingency totaling $29,668,013. The contract duration is 730 calendar days.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) award and approve Specification No. 2757 for Item Nos. 1 through 121 of the proposal schedule to Shawnan in the amount of $28,255,250; that a 5% contingency, not included in the original contract amount, be applied for a total authorization of $29,668,013; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 730 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 Section 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.____________.
Contracts & Purchasing
Transmittal 1
Transmittal 2
SUMMARY: Los Angeles City Charter Sections 506(c) and 604(c) empowers the Board of Harbor Commissioners (Board) to authorize the general manager to contract on behalf of the City of Los Angeles Harbor Department (Harbor Department) where the contract does not involve payment or receipt of money or consideration reasonably valued in excess of a monetary limit and a time limit provided by ordinance. That ordinance is codified in Los Angeles Administrative Code (LAAC) Section 10.1.1. The Harbor Department executes annual procurement contracts to purchase business required materials, supplies and services to support Harbor Department operations. These annual procurement contracts are typically under $100,000 each and are awarded for a term of one year, plus two, one-year renewal options. Execution of the renewal options extends the contracts past one-year; therefore, Board approval is required to execute the renewal options. In order to administer these smaller procurement contracts more efficiently, the Board previously requested that the Office of the City Attorney draft an ordinance to amend Section 10.1.1 subsection (a) of the LAAC to increase the contracting authority of the Executive Director for procurement contracts. The amendment to the LAAC gives the Executive Director the authority to execute procurement contracts that do not exceed $150,000 annually, and are for a term of three years or less. On July 10, 2013, the City Council approved Ordinance 182594 which authorized the Board to increase the contracting authority of the Executive Director. Although the Board previously requested that this Ordinance be prepared and approved by the City Council, this subsequent Board action is required to effectuate the increase in contracting authority of the Executive Director.
Recommendation: Board resolve to (1) rescind Resolution 5983 which authorizes the Executive Director to execute (a) contracts or agreements that do not exceed $150,000 and have a term of one-year or less; and (b) construction contract change orders which do not cumulatively exceed twenty-five percent (25%) of the contract amount so long as no individual change order exceeds $150,000; (2) rescind all prior Resolutions defining the Executive Director's contracting authority; (3) authorize the Executive Director, or designee, to execute personal service agreements that do not exceed $150,000 for any one project and have a term of one-year or less, including all amendments, without further Board approval; (4) authorize the Executive Director, or designee, to execute procurement contracts that do not exceed $150,000 annually, and are for a term of three years or less, pursuant to Los Angeles Administrative Code Section 10.1.1 subsection (a); (5) authorize the Executive Director, or designee, to enter into construction contract change orders which do not cumulatively exceed twenty-five percent (25%) of the contract amount, or a lesser percentage specified in the construction contract, so long as no individual change order exceeds $150,000, and provided the underlying construction contract was awarded by the Board prior to or after the adoption of this resolution, unless the contract specifically provides otherwise; and (6) adopt Resolution No.____________.
Environmental Management
Transmittal 1
SUMMARY: The Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) Advisory Committee has reviewed and recommended funding for the International Rectifier Corporation (IRC) of El Segundo, California, Class 8 Plug-in Hybrid-Electric Drayage Truck with Zero-Emissions Mode Demonstration Project (Project). The Project would convert one (1) existing conventional Class 8 drayage truck to a parallel plug-in hybrid-electric vehicle with four selectable operation modes: all-electric drive, all-diesel drive, concurrent electric and diesel drive, and zero-emissions anti-idle system. It is anticipated that the plug-in hybrid-electric drayage truck will result in significant reductions in criteria pollutant and greenhouse gas emissions, as well as fuel consumption. The recommended funding amount of $350,000 is to be shared equally between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) in a contract to be entered into and administered by the POLB. The proposed action is to approve a Cost Share Agreement, under which, the Harbor Department will reimburse the POLB for fifty percent (50%) of the cost in the amount of $175,000. Total cost to the Harbor Department will be $175,000.
Recommendation: Board resolve to (1) approve the Cost Share Agreement with the Port of Long Beach for a total not-to-exceed contract amount of $175,000; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement, for and on behalf of the Board; and (3) adopt Resolution No.____________.
Port Police
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
SUMMARY: Staff requests approval of Contract Nos. 39685 and 39686 to SAFE Boats International of Port Orchard, Washington, for the purchase of two 29-foot and two 33-foot Port Police patrol vessels. On April 18, 2013, the Board of Harbor Commissioners’ (Board) authorized the purchase of four Los Angeles Port Police Marine Unit Vessel Replacements under a Cooperative Agreement with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) through the Fiscal Year (FY) 2012 Port Security Grant Program (PSGP). This project will be accomplished utilizing two awards of contract. Three vessels will replace existing vessels that have reached the end of their service life and will be salvaged. The fourth vessel will be used to augment fleet rotation for regular vessel maintenance. The vessels are being purchased through the Federal General Services Administration (GSA) program at the Federal government's guaranteed lowest price. The contract total for four vessels is $2,225,203. Funds have been authorized in the Port Police Capital Budget, and the equipment is eligible for reimbursement under the DHS FEMA FY 2012 PSGP with a required 25 percent cost share to be funded by the Harbor Department. The grant is for a two-year period ending August 31, 2014. The cost of each 33-foot vessel is $578,969, for a total of $1,157,938; the total Port reimbursement for the two vessels is $868,454. The cost of each 29-foot vessel is $533,633, for a total of $1,067,265; total Port reimbursement for the two vessels is $800,449. By purchasing vessels with a consistent manufacturer platform, data from the Construction and Maintenance Division indicates a maintenance savings of $20,000 per vessel annually for the first five years, decreasing to $10,000 per vessel each year thereafter, for a total ten year maintenance savings of $600,000 for all four vessels.
Recommendation: Board resolve to (1) award and approve Contract No. 39685 to SAFE Boats International of Port Orchard, Washington, for the purchase of two 33-foot police patrol vessels and trailers in the amount of $1,157,938, including tax and delivery; (2) award and approve Contract No. 39686 to SAFE Boats International of Port Orchard, Washington, for the purchase of two 29-foot police patrol vessels and trailers in the amount of $1,067,265, including tax and delivery; (3) authorize the Executive Director to execute and the Board Secretary to attest to the two Contracts for and on behalf of the Board; and (4) adopt Resolution No.____________.
Risk Management
Transmittal 1
Transmittal 2
SUMMARY: Agreement No. 12-3052 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and URS Corporation (URS) provides for on-site supplementary health and safety services and training for Harbor Department employees. The Agreement is for a three-year term, a total compensation authority amount of $150,000, and is set to expire on March 28, 2015. Located in El Segundo, California, URS was directed to conduct an unanticipated electrical safety audit in 2012 that consumed most of the Agreement's original compensation authority amount. The proposed First Amendment (Amendment) to the Agreement would increase the compensation authority by an additional $150,000, bringing the total amount to $300,000, replenishing the compensation authority and allow URS to resume providing health and safety services and training. The First Amendment would also allow utilization of the updated rate schedule, which has been revised to the benefit of the Harbor Department. All other terms and conditions of the Agreement will remain the same.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 12-3052 with URS Corporation to increase the compensation authority by an additional $150,000 for a total compensation authority amount of $300,000 and to replace Exhibit B, Compensation, with the revised exhibit; (2) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement No. 12-3052; and (3) adopt Resolution No.____________.
REGULAR ITEMS (10- 18)
Executive Office
Transmittals
SUMMARY: In May 2012, the Board of Harbor Commissioners (Board) acted to support the development of an independent California nonprofit corporation with the capabilities to develop and implement an urban marine research center at the Port of Los Angeles (Port) City Dock No. 1 site and authorized the Executive Director to initiate lease discussions with such entity. It is recommended that the Board approve Lease No. 904 (Lease) with Rockefeller Philanthropy Advisors, Inc. (RPA), with subsequent Lease assignment to AltaSea at the Port of Los Angeles (RPA/AltaSea or Tenant) required, which grants use of up to 35.62 acres of City of Los Angeles Harbor Department (Harbor Department) property, including 4,510 linear feet of water frontage, for development and use as an urban marine research center (Research Center), including a public promenade and interpretive center. The proposed Lease has a 50-year term. The Lease requires RPA/AltaSea to develop each major property parcel, with an RPA/AltaSea preliminary conceptual design total for all parcels currently estimated at $549 million and a minimum investment requirement for all parcels of $408 million. The Lease requires the Harbor Department to perform Berth 57 wharf and ground improvements at an estimated cost of $57 million. Similar Harbor Department improvements to Berths 58-60, estimated to cost $152 million, are contemplated in approximately 10-14 years, but are subject to Board approval in the future. The Lease provides for rent credits for Tenant costs of redevelopment of the historic Berths 57-60 warehouses and development of the public promenade, which the Tenant can use to offset rental payments. The Lease also establishes requirements for public access and programming free of charge, educational opportunities, and economic development. Due to the unique public/philanthropic/private partnership necessary to redevelop the City Dock No. 1 site into a Research Center, the Lease deviates from the Harbor Department’s Leasing Policy in five aspects, including rate of return goals.
Recommendation: Board resolve to (1) find, pursuant to City Charter Section 371(e)(10), that competitive bidding is undesirable for the planned redevelopment of the City Dock No. 1 site due to the public/philanthropic/private partnership that must be developed and sustained over the 15-20 year development period to raise funds required for redevelopment activities and the partnerships that have already been established that are important for creating the collaborative environment important to the success of the Research Center; (2) find, pursuant to City Charter Section 654(a)(1), that leasing 4,510 linear feet of waterfront to Rockefeller Philanthropy Advisors, Inc., with subsequent Lease assignment to AltaSea at the Port of Los Angeles, is in the best interest of the City of Los Angeles Harbor Department and the City of Los Angeles, due to the development of approximately 625 linear feet of new public waterfront access and the access that will be provided to the government, academic, and business Research Center subtenants; (3) find, pursuant to City Charter Section 607(a), that a 50-year term for the Lease with Rockefeller Philanthropy Advisors, Inc., with subsequent Lease assignment to AltaSea at the Port of Los Angeles, for redevelopment of the City Dock No. 1 site is in the best interest of the City of Los Angeles Harbor Department and the City of Los Angeles, in consideration of the need to raise substantial capital from many diverse sources and organizations, demonstrate to such sources and organizations the long-term commitment and viability of the facility, and allow the Research Center sufficient time to realize the local, state, and national economic benefits and the other public benefits provided by the Research Center; (4) find that, in accordance with Section I (15) of the Harbor Department Leasing Policy, it is in the best interest of the City of Los Angeles Harbor Department to charge no rent for the public areas on City Dock No. 1 that will be open free of charge, and developed and operated in conformance with the requirements of Lease No. 904 in consideration of the public and economic benefits associated with such waterfront promenade, interpretive center, and other public areas; (5) find that it is in the best interest of the City of Los Angeles Harbor Department to deviate from the following provisions of the Harbor Department Leasing Policy in Lease No. 904 due to the partnership required to redevelop the City Dock No. 1 site into a Research Center and the local, state, and national economic benefits and the other public benefits provided by the Research Center;
a. Section II (i): Solicit competitive proposals.
b. Section VII, (b): Assignment shall not release the tenant from its obligation under the Lease Agreement.
c. Section VIII (1) and (2): Rate-of-Return targets.
d. Section XI (1)(a): Security Deposit.
e. Section XIV (2): Tenant required to demolish Tenant improvements.
(6) consider the Addendum to the certified Environmental Impact Report prepared for the City Dock No. 1 Marine Research Center Project; (7) find that, in accordance with the provisions of the California Environmental Quality Act Guidelines Section 15164, the proposed 50-year Lease will not result in any new significant environmental effects or any substantially more severe effects than previously analyzed in the certified Environmental Impact Report; (8) approve Lease No. 904 with Rockefeller Philanthropy Advisors, Inc., with subsequent Lease assignment to AltaSea at the Port of Los Angeles, as substantially attached; (9) direct the Board Secretary to transmit Lease No. 904 to the City Council for approval pursuant to Charter Sections 654(a)(1), 606, and 607(a); (10) authorize the Executive Director to execute and the Board Secretary to attest to Lease No. 904 upon approval by the City Council; (11) authorize the Environmental Management Division to file a Notice of Determination with the Los Angeles County Clerk, the Los Angeles City Clerk, and the State Secretary of Resources; and (12) adopt Order No. __________.
Business & Trade Development
11. Re: PERMANENT ORDER NO. ____________ - AMENDING PORT OF LOS ANGELES TARIFF NO. 4, "OCEAN COMMON CARRIER INCENTIVE PROGRAM" AND "DEFINITIONS INCENTIVES"
Transmittal 1
SUMMARY: On April 19, 2012, the City of Los Angeles Board of Harbor Commissioners (Board) approved the Port of Los Angeles (Port) Strategic Plan. The Strategic Plan recognizes our position as the number one container port in the nation by volume. Maintaining this position requires new and innovative approaches and a concerted effort to stay focused on critical issues. The Port's container business accounts for more than 80 percent of its revenue. Maintaining financial strength with growing cargo volumes is necessary to continue to invest in the future of the Port so that it may continue to meet its obligations to stakeholders. In order to meet our Strategic Plan objectives, staff is recommending the Board approve an amendment to Port of Los Angeles Tariff No. 4 (Tariff No. 4) Section Twenty-Three "Intermodal Containers – General Rules and Regulations". The amendment if approved would give Ocean Common Carriers (Carriers) a tiered incentive of $5.00 or $15.00 per Twenty-Foot Equivalent Unit (TEU) for every incremental loaded and empty TEU they move through the Port during Calendar Year (CY) 2014 compared to CY 2013. The benefit for the Port is increased container volumes and revenue from Carriers. This incentive program would be valid for one year. This tariff amendment would require the title of Tariff No. 4 Section 23 to be revised to read Section 23 "Incentives-General Rules and Regulations."
Recommendation: Board resolve to (1) approve the Amendment to Port of Los Angeles Tariff No. 4 Section Twenty-Three, re-naming "Intermodal Containers - General Rules and Regulations" to "Incentives - General Rules and Regulations," establishing Item 2320 "Definitions Ocean Common Carrier Incentives," and establishing Item 2325 "Ocean Common Carrier Incentive Program," subject to the California Association of Port Authorities' review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities' procedure; (2) adopt Permanent Order No.__________ to amend and re-name Section Twenty-Three to "Incentives – General Rules and Regulations," establish Item 2320 "Definitions Ocean Common Carrier Incentives," and establish Item 2325 "Ocean Common Carrier Incentive Program" in Port of Los Angeles Tariff No. 4; (3) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (4) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; and (5) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Chief Wharfinger for implementation and posting to the Port of Los Angeles website as regulated by the Federal Maritime Commission.
Commission Office
12. Re: RESOLUTION NO. ____________ - TO ESTABLISH AN AD HOC BOARD COMMITTEE ON PORT INDUSTRIAL AND ECONOMIC DEVELOPMENT
Recommendation: Board resolve to adopt Resolution No.____________ to establish an Ad Hoc Board Committee on Port Industrial and Economic Development.
Construction
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: This contract will improve the traffic flow at the Interstate-110 Freeway/"C" Street Interchange (Project) by combining two closely spaced intersections into one, and constructing a new off-ramp from the northbound Interstate-110 (I-110) Freeway onto Harry Bridges Boulevard. The lowest responsive and responsible bidder is Griffith Company, located in Santa Fe Springs, California. The contract amount plus a 10% contingency is $23,923,845. The contract duration is 960 calendar days. The Project is Federally-funded under the Surface Transportation Program - Local (STPL) in the amount of $5,927,000; State-funded under the Trade Corridor Improvement Fund (TCIF) in the amount of $8,300,000; and regionally funded by the Los Angeles County Metropolitan Transportation Authority (LACMTA) in the amount of $6,647,000.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) award and approve Specification No. 2735 for Item Nos. 1 through 63 of the proposal schedule to Griffith Company in the amount of $21,748,950; that a 10% contingency, not included in the original contract amount be applied for a total authorization of $23,923,845; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 960 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 Section 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.____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The Environmental Management Division (EMD) staff recommends approval of an Agreement with Leidos, Inc. (Leidos) a corporation of Delaware, to provide air quality monitoring services. This action will authorize an Agreement with a five-year contract term for a not-to-exceed amount of $2,891,452.
Recommendation: Board resolve to (1) approve the Agreement with Leidos, Inc. for a term of five years for the total not-to-exceed amount of $2,891,452; (2) direct the Board Secretary to transmit said Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No.____________.
Information Technology
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into an agreement with Accuvant, Inc. (Accuvant) to furnish and implement the first phase of a Cyber Security Operations Center (CSOC) for the City of Los Angeles Harbor Department (Harbor Department). The CSOC will be the Harbor Department’s technical nerve center to protect its information assets from the growing cyber threat. The CSOC project includes hardware, software, and services to equip a facility for staff to have additional capabilities to prevent, detect, monitor and respond to cyber security incidents targeting the Harbor Department's computer systems. The CSOC will be located in the Harbor Administration Building in the existing IT Division work area. The proposed agreement's amount is $2,149,813.20, and the term is one year. The total cost of the CSOC Phase I project is estimated to be $2,564,000, of which $1,650,000 will be reimbursed from the Fiscal Year 2012 Port Security Grant Program (PSGP 2012). Of the total project cost of $2,564,000, $2,200,000 is for external costs
(including the proposed Accuvant agreement) and $364,000 is for salaries and benefits of existing employees. All project costs will be capitalized. The CSOC Phase I project will be completed before the PSGP 2012 grant expiration date of August 31, 2014. The recommendation to select Accuvant is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. 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 agreement with Accuvant, Inc. for a term of one year for a total not-to-exceed amount of $2,149,813.20; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreement; and (4) adopt Resolution No.____________.
Port Police
16. Re: RESOLUTION NO. ____________ - COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT FOR REIMBURSEMENT OF PORT SECURITY GRANT PROGRAM FUNDS FOR FISCAL YEAR 2013
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Cooperative Agreement with the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2013 Port Security Grant Program (PSGP). The DHS awarded a Federal grant in the amount of $1,500,000 to the Harbor Department on September 1, 2013. The item approved for grant reimbursement, subsequent to expenditure by the Harbor Department, is the Information Technology (IT) Cyber Security Project Phase II. The $1,500,000 grant award is for a two-year period ending August 31, 2015. A 25 percent cost share is required under this PSGP, and will be funded by the Harbor Department. The Harbor Department’s total cost share responsibility will be $500,000 of the $2,000,000 total project cost.
Recommendation: Board resolve to (1) approve the Cooperative Agreement between the Harbor Department and United States Department of Homeland Security, Federal Emergency Management Agency for reimbursement of funds allocated to the Harbor Department under Fiscal Year 2013 Port Security Grand Program; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed Cooperative Agreement for and on behalf of the Board; (3) authorize the Harbor Department to proceed with the project approved for funding by the United States Department of Homeland Security, Federal Emergency Management Agency; and (4) adopt Resolution No.____________.
Real Estate
Transmittals
SUMMARY: Since 1969, WWL Vehicle Services Americas, Inc. (WWL), or its predecessors, have leased property at Berths 195-200A from the City of Los Angeles Harbor Department (Harbor Department). Customers of WWL include Nissan, Nissan Diesel, and Infiniti. Implementation of the proposed successor permit will allow for the continued use of the property for processing and operations of a vehicle cargo terminal. The current Permit, Preferential Berth Assignment No. 77-34 (PBA 77-34), grants WWL Vehicle Services Americas, Inc. (WWL) use of the 91.12 waterfront acres. The original term of this Permit expired on October 31, 2011 and WWL was granted Holdover status by the Executive Director in November 2011. When approved, proposed Permit No. 900 will supersede PBA 77-34. Proposed Permit No. 900 between the Harbor Department and WWL is a ten-year permit, with one five-year option. Minimum compensation is set at $7,250,000 annually (payable at $604,167 per month), with annual Consumer Price Index (CPI) rate adjustments.
Recommendation: Board resolve to (1) approve proposed Permit No. 900 with WWL Vehicle Services Americas, Inc., with a commencement date of January 1, 2012, an expiration date of January 1, 2022, and an option period of January 1, 2022 to January 1, 2027; (2) direct the Board Secretary to transmit the proposed Permit No. 900 to the City Council for approval pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 900 upon approval by the Board; and (4) adopt Order No.____________.
Transmittals
SUMMARY: Permit No. 692 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and Yusen Terminals, Inc. (YTI) grants nonexclusive use of 224.82 acres at Berths 211-224 for container terminal operations. The Permit is for a term of 25 years that expiries on September 30, 2016, with one ten-year extension option. In order to exercise this option, YTI must provide written notice to the Harbor Department not later than 24 months prior to the end of the initial term of the Permit (by August 2014). The proposed Tenth Amendment will change the date that YTI has to exercise the option from 24 months to no later than 12 months prior to the end of the initial term of the Permit (i.e., August 2015) to allow for the completion of the Environmental Impact Report/Environmental Impact Statement (EIR/EIS) process prior to the notification requirement. Currently, the Harbor Department is preparing an EIR/EIS to redevelop the YTI terminal. The EIR/EIS is expected to be completed and presented to the Board for consideration in September of 2014. If the EIR/EIS is certified, YTI will notify the Harbor Department of its desire to exercise the option to extend the Permit for another ten years by August 2015. The proposed project includes deepening Berths 214-216 and 217-220, -220, improving Berths 217-220 to accommodate 100-foot gauge gantry cranes, adding new cranes and extending the height and reach of existing cranes, expanding YTI's portion for the Terminal Island Container Transfer Facility (TICTF) on dock railyard, and other related actions. This redevelopment would allow YTI to service larger ships up to 13,000 Twenty-Foot Equivalent Unit (TEU) at Berths 214-214 and 10,000 TEUs at Berths 217-220 which are expected to call at the terminal over the next ten years.
Recommendation: Board resolve to (1) approve the Tenth Amendment to Permit No. 692 with Yusen Terminals, Inc.; (2) direct the Board Secretary to transmit the Tenth Amendment to Permit No. 692 to the City Council for approval pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Tenth Amendment upon Board approval contingent upon approval by City Council; and (4) adopt Order No.____________.
J. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Receipt of Claim pursuant to Government Claims Act (one claim)
Claimant: Eagle Marine Services, Ltd.
Agency claimed against: City of Los Angeles
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.
Please note that this agenda is subject to revision in accordance with the Brown Act. In the event the agenda is revised prior to the meeting, Port staff will endeavor to post the revised agenda on the Port’s web site (http://www.portoflosangeles.org). Updated agendas also will be available in hard copy at the meeting. Live Board meetings can also be heard at: (213) 621-City (Metro), (818) 904-9450 (Valley), (310) 471-City (Westside) and (310) 547-City (Harbor).
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