Agenda - November 17, 2011
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, NOVEMBER 17, 2011 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Sung Won Sohn
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
Environmental Ship Index - Christopher Patton, Assistant Director of Environmental Management
Grant Status Update - Fernando Campos, Director of Grants
Administration
G. APPROVAL OF MINUTES
Minutes of the Regular Meetings of September 1, 2011 and October 6, 2011 for approval.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 and 2)
Information Technology
Transmittal 1
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into an agreement with Granicus, Inc. (Granicus), located in San Francisco, California, to provide streaming media services and new archiving hardware and software for the City of Los Angeles Harbor Department's (Harbor Department) Board of Harbor Commissioners (Board) meetings. The recommendation to enter into this agreement is based on a cooperative arrangement between the Harbor Department and the Office of the City Clerk for the utilization of the services Granicus provides under City of Los Angeles (City) Contract Number C-19835 with Granicus. The City contract, unless otherwise amended through the City Council, shall expire on June 5, 2013. The term of the requested Harbor Department agreement shall coincide with the City contract expiration date and would have a term of twenty-one (21) months, for an amount not-to-exceed $64,225.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles Administrative Code Section 10.15(a)(8) the competitive contracting requirement is met using responses from the City's Request for Proposals, which resulted in the City awarding its Contract Number C-19835; (2) approve the agreement with Granicus for a term of twenty-one months at an amount not-to-exceed $64,225; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement; and (4) adopt Resolution No. ________.
Wharfinger
2. Re: ORDER NO. _________ - AUTHORIZE DISPOSAL OF ABANDONED FISHING VESSEL, SOKAM
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting that the Board of Harbor Commissioners (Board) declare the vessel SOKAM, Official No. 299-047 abandoned, and allow the Harbor Department to dispose of the vessel. The SOKAM is a 40-foot wood fishing vessel built in 1964 and powered by a single diesel engine. The sole owner of the vessel, SOKAM, Mr. Ken Makos, died on November 9, 2009. Wharfinger staff has been in contact with the owner's family members since his death and on September 28, 2011, received written consent from Mr. Makos' sister agreeing to the vessel being declared abandoned by the Harbor Department and destroyed.
The vessel is not seaworthy and has been removed from the water. The vessel started taking on water while docked at Fish Harbor, Berth 268, and was in danger of sinking. Therefore, for safety and to prevent the creation of a navigational hazard, the Harbor Department removed the boat from the water and onto Construction and Maintenance's deck barge on September 1, 2011 for storage.
Recommendation: Board resolve to (1) find and declare the abandonment of the fishing vessel, SOKAM (Official Number 299-047), pursuant to Port of Los Angeles Tariff No. 4, Item No. 1670; (2) authorize the sale or destruction and disposal of the vessel upon the expiration of the prescribed 10-day notification period; and (3) adopt Order No. __________.
REGULAR ITEMS (3-7)
Transmittal 3
SUMMARY: This contract is for the construction of the waterside portion of the Downtown Harbor Water Cut project, which is part of the LA Waterfront program. This work will demolish the existing Downtown Harbor parking lot, excavate, dredge, and provide sheet pile walls and soil stabilization in preparation for the future LA Waterfront - Downtown Harbor - Landside project. The lowest responsive and responsible bidder is Reyes Construction, Inc., located in Pomona, CA. The contract amount plus a 10% contingency is $13,513,347, and the contract duration is 480 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) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (3) award the above mentioned contract for Item Nos. 1 through 27 of the proposal schedule to Reyes Construction, Inc. in the amount of $12,284,861; that a 10% contingency not included in the original contract amount be applied for a total authorization of $13,513,347; and authorize payment from the City of Los Angeles Harbor Department Construction Account. The contract time for performance of the work will be 480 calendar days from the Notice to Proceed; (4) in accordance with City Charter 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. _______.
Engineering
Transmittals 2-9
SUMMARY: The Engineering Division recommends approval of Agreements with AECOM Technical Services, Inc. (AECOM); CH2M Hill Engineers (CH2M Hill); Psomas; Moffat & Nichol (M&N); Dean Ryan Consultants & Designers, Inc. (Dean Ryan); and URS Corporation (URS) to provide on-call engineering services supporting the City of Los Angeles Harbor Department's Capital Improvement Program (CIP), Maintenance Improvement Program (MIP), and Aesthetic Mitigation Program. The six Agreements are for five-year terms in the amount of $5,000,000 each for a total of $30,000,000.
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 six personal services Agreements for a term of five-years each, with a combined contract total of $30,000,000 as follows:
a. AECOM (Orange, CA) for $5,000,000;
b. CH2M Hill (Los Angeles, CA) for $5,000,000;
c. Psomas (Los Angeles, CA) for $5,000,000;
d. Moffat & Nichol (Long Beach, CA) for $5,000,000;
e. Dean Ryan (Los Angeles, CA) for $5,000,000;
f. URS (Huntington Beach, CA) for $5,000,000;
(3) authorize and direct the Board Secretary to forward the approval of six Personal Services Agreements to City of Los Angeles City Council for its approval pursuant to Section 373 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (5) adopt Resolution No. __________.
Port Police
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 Marine Exchange of Los Angeles/Long Beach Harbor (Marine Exchange) for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2009 Federal Port Security Grant Program (PSGP). The U.S. Department of Homeland Security (DHS) awarded a Federal grant in the amount of $37,916,246, to the Los Angeles/Long Beach port-region on July 17, 2009. The United States Coast Guard (USCG) Sector Los Angeles/Long Beach (LA/LB) selected the Marine Exchange to act as Fiduciary Agent for management and distribution of these funds. Projects funded through this grant were selected by the Area Maritime Security Committee (AMSC) under the leadership of USCG Sector LA/LB. As a voting member of AMSC, the Harbor Department participated in the selection of projects chosen for funding. As part of this award the Harbor Department was allocated a total of $5,668,165 (Federal amount) for two projects: Perimeter Monitoring, Access Control Systems Upgrades and Maintenance in the amount $4,000,000; and Multi-Agency Maritime Facility Phase II in the amount of $1,668,165. The Harbor Department is responsible for 25 percent cost share for each project totaling $1,889,389. The Perimeter Monitoring, Access Control Systems Upgrades and Maintenance project was completed using an earlier grant award. As a result, the Harbor Department is requesting DHS, through its Fiduciary Agent, change the Perimeter Monitoring, Access Control Systems Upgrades and Maintenance project to the Integrated Command and Control Fiber Connectivity project for the same project cost ($4,000,000). The Multi-Agency Maritime Facility Phase II project does not require a change.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the Marine Exchange of Los Angeles/Long Beach Harbor for the reimbursement of funds allocated to the Harbor Department in accordance with the Fiscal Year 2009 Federal Port Security Grant Program; (2) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; (3) authorize the Harbor Department to accept the two projects approved for funding by the U.S. Department of Homeland Security, including the pending project change – 1) Perimeter Monitoring Access Control Systems Upgrades and Maintenance (Integrated Command and Control Fiber Connectivity), and 2) Multi-Agency Maritime Training Facility Phase II; and (4) adopt Resolution No. ________ accepting the projects and execution of the Memorandum of Agreement with the Marine Exchange of Los Angeles/Long Beach Harbor in accordance with Fiscal Year 2009 Federal Port Security Grant Program.
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 Marine Exchange of Los Angeles/Long Beach Harbor (Marine Exchange) for the reimbursement of funds allocated to the Harbor Department under the Fiscal Year (FY) 2010 Federal Port Security Grant Program (PSGP). The U.S. Department of Homeland Security (DHS) awarded a Federal grant in the amount of $31,453,287, to the Los Angeles/Long Beach port-region on August 13, 2010. The Marine Exchange was selected by the U.S. Coast Guard (USCG) Sector Los Angeles/Long Beach (LA/LB) to act as Fiduciary Agent for management and distribution of these funds. Projects funded through this grant were selected by the Area Maritime Security Committee (AMSC) under the leadership of USCG Sector LA/LB. As a voting member of AMSC, the Harbor Department participated in the selection of projects chosen for funding. The Harbor Department was allocated a total of $5,250,000 (Federal amount) for three projects: Dive Command Post in the amount of $250,000; Multi-Jurisdictional Maritime Training Facility Phase III in the amount of $2,000,000; and Surveillance Cameras for Waterfront Projects in the amount of $3,000,000. There is no cost share associated with this grant.
Recommendation: Board resolve to (1) approve the Memorandum of Agreement between the City of Los Angeles Harbor Department and the Marine Exchange of Los Angeles/Long Beach Harbor for the reimbursement of funds allocated to the Harbor Department in accordance with Fiscal Year 2010 Federal Port Security Grant Program; (2) authorize the Executive Director to execute and the Board Secretary to attest to the MOA; (3) authorize the Harbor Department to accept three projects approved for funding by the U.S. Department of Homeland Security - 1) Dive Command Post; 2) Multi-Jurisdictional Maritime Training Facility Phase III; and 3) Surveillance Cameras for Waterfront Projects; and (4) adopt Resolution No. _________ accepting the projects and execution of the Memorandum of Agreement with the Marine Exchange of Los Angeles/Long Beach Harbor in accordance with Fiscal Year 2010 Federal Port Security Grant Program.
Planning and Economic Development
7. Re: RESOLUTION NO. __________ - PROPOSED PERMIT NO. 896 - WITH CRAFTED AT THE PORT OF LOS ANGELES
SUMMARY: As part of the San Pedro Waterfront Project, Warehouse Nos. 9 & 10 were identified to be utilized for adaptive reuse. Consistent with this designation, the City of Los Angeles Harbor Department (Harbor Department) released a Request For Interest (RFI) to developers for the adaptive reuse of the warehouses. Three responses were received and the proposal to develop a visitor-serving crafts marketplace, submitted by Crafted at the Port of Los Angeles (Crafted), was selected. The proposal will promote, foster, accommodate, and enhance statewide public use of the waterfront. It is recommended that the Board of Harbor Commissioners (Board) approve proposed Permit No. 896 for a twenty-five year term with two five-year renewal option periods with Crafted for the development of a crafts marketplace at Warehouse Nos. 9 & 10.
Recommendation: Board resolve to (1) adopt the Addendum to the Final San Pedro Waterfront Environmental Impact Report in accordance with California Environmental Quality Act Guidelines Section 15164(d); (2) approve the proposed Permit No. 896 with Crafted at the Port of Los Angeles; (3) direct the Board Secretary to transmit proposed Permit No. 896 to the City Clerk for approval by the City Council pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Permit No. 896 upon approval by City Council; and (5) adopt Resolution No. _______.
I. CLOSED SESSION
1. 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
2. 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
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).
As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.
Sign language interpreters, assistive listening devices, and translation services may be provided. To ensure availability, 72-hour advance notice is required. Contact the Commission office at (310) 732-3444.
Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles. Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación. Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.