Harbor Commission

A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD

B. EXECUTIVE DIRECTOR REMARKS

C. PUBLIC COMMENT ON NON-AGENDA ITEMS

D. REPORTS OF THE COMMISSIONERS

E. BOARD COMMITTEE REPORTS

F. APPROVAL OF THE MINUTES

Special Meeting of January 7, 2016

G. PRESENTATION
 

H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

Consent Items (1 - 5)

Information Technology

1. Re: RESOLUTION NO.____________ - PURCHASE ORDER CHANGE TO CONTRACT NO. 39715 FOR COMPANY NAME CHANGE FROM COMPUCOM SYSTEMS, INC. TO SOFTWAREONE, INC.

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval of a Purchase Order Change to Contract Number 39715 to change the vendor's name from CompuCom Systems, Inc. (CompuCom) to SoftwareONE, Inc. (SoftwareONE). The requested Purchase Order Change is solely administrative to reflect the vendor's name change due to CompuCom being acquired by SoftwareONE. All other terms and conditions of Contract No. 39715 remain unchanged. Contract No. 39715, which the Board of Harbor Commissioners (Board) approved at its February 5, 2015 meeting, is used for the purchase of computer software, computer software maintenance renewals, and related software maintenance support services for the Harbor Department. Expenses for Contract 39715 will continue to be the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Purchase Order Change to Contract No. 39715 to reflect the vendor's name change to SoftwareONE, Inc.; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Purchase Order Change for and on behalf of the Board; and (4) adopt Resolution No.____________.

Information Technology

2. Re: RESOLUTION NO.____________ - PURCHASE ORDER CHANGE TO CONTRACT NO. 39693 FOR COMPANY NAME CHANGE FROM EN POINTE TECHNOLOGIES, INC. TO EN POINTE TECHNOLOGIES SALES, LLC

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval of a Purchase Order Change to Contract Number 39693 to change the vendor’s name from En Pointe Technologies, Inc. (En Pointe, Inc.) to En Pointe Technologies Sales, LLC (En Pointe Sales, LLC). The requested Purchase Order Change is solely administrative to reflect the vendor’s name change due to En Pointe Inc. being acquired by PCM, Inc. All other terms and conditions of Contract No. 39693 remain unchanged. Contract No. 39693, which the Board of Harbor Commissioners (Board) approved at its February 20, 2014 meeting, is used for the purchase of computer hardware, network equipment, and other related equipment, software, supplies and services. Expenses for Contract 39693 will continue to be the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Purchase Order Change to Contract No. 39693 to reflect the vendor’s name change to En Pointe Technologies Sales, LLC; (3) authorize the Executive Director and the Board Secretary to execute and attest to said Purchase Order Change for and on behalf of the Board; and (4) adopt Resolution No.____________.

Information Technology

3. Re: RESOLUTION NO.____________ - AWARD OF AGREEMENT TO SBC GLOBAL SERVICES, INC. DBA AT&T GLOBAL SERVICES FOR TELECOMMUNICATIONS INFRASTRUCTURE SERVICES, CABLING AND EQUIPMENT

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to establish an agreement with SBC Global Services, Inc. dba AT&T Global Services (AT&T) by entering into a cooperative arrangement with the County of Los Angeles' (County) Telecommunications Services contract. The proposed agreement will enable the Harbor Department to procure as-needed telecommunications infrastructure services, cabling and equipment. The term of the proposed agreement will be from January 30, 2016 and end on April 30, 2018. The not-to-exceed amount of the proposed agreement is the amount authorized by the Board of Harbor Commissioners (Board) through the annual budget process. AT&T was awarded the County's Telecommunications Services contract after a competitive Request for Proposal (RFP) process conducted by the County. AT&T is headquartered in Dallas, Texas, with offices in Los Angeles, California. Telecommunications services are the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with Administrative Code Section 10.15(a)(8), the competitive contracting requirement is met using the responses from the County of Los Angeles' Request for Proposals, which resulted in the County of Los Angeles’ Telecommunications Services Contract, contract no. 76501; (3) approve the contract with SBC Global Services Inc. dba AT&T Global Services for the acquisition of communications products and services from January 30, 2016 to April 30, 2018; (4) authorize the Executive Director or designee to sign the Participating Entity Agreement (Transmittal 1) to execute the contract with SBC Global Services Inc. dba AT&T Global Services; and (5) adopt Resolution No.____________.

Waterfront and Commercial Real Estate

4. Re: RESOLUTION NO.____________ - PROPOSED REVOCABLE PERMIT NO. 15-22 WITH J. DELUCA FISH COMPANY, INC.

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) requests approval of Revocable Permit No. 15-22 (RP 15-22) with J. DeLuca Fish Company, Inc. (J. DeLuca) which will consolidate the permit premises under Revocable Permit No. 12-17 (RP 12-17) and Revocable Permit No. 12-12 (RP 12-12). RP 12-17 provides entitlement for J. DeLuca to occupy Stall 8 at the San Pedro Municipal Fish Market (Municipal Fish Market). Similarly RP 12-12 provided entitlements for State Fish Co., Inc. (State Fish) to occupy Stalls 1, 2, and 3. As a result of the United States Bankruptcy Court proceedings, on August 15, 2015, J. DeLuca and State Fish entered into a settlement agreement whereby State Fish was required to assign, transfer, and grant J. DeLuca its facilities under RP 12-12. The proposed RP 15-22 will consolidate the permit premises under RP 12-17 and RP 12-12 into one revocable permit with J. DeLuca, giving J. DeLuca four of the 12 stalls at the Municipal Fish Market. The proposed RP will not result in any changes to the standard terms and conditions.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the proposed Revocable Permit No. 15-22 with J. DeLuca Fish Company, Inc.; (3) authorize the Executive Director to execute and the Board Secretary to attest to Revocable Permit No. 15-22; and (4) adopt Resolution No.____________.

Cargo and Industrial Real Estate

5. Re: ORDER NO.____________ - PROPOSED ACKNOWLEDGEMENT OF THE CONVERSION OF BUSINESS ENTITY FROM YUSEN TERMINALS, INC. TO YUSEN TERMINALS LIMITED LIABILITY COMPANY

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff requests the Board of Harbor Commissioners (Board) provide its consent to this conversion from a corporation to a limited liability company under Permit No. 692. On September 25, 2015, Yusen Terminals Inc. (YTI) changed its form of business entity by converting from a corporation to a limited liability company in accordance with California law. As a result of this conversion, YTI ceased to exist and Yusen Terminals Limited Liability Company (YTI LLC) succeeds to all rights and obligations of YTI under Permit No. 692. Permit No. 692 was issued for a 25-year permit (October 1, 1991 through September 30, 2016), and has one ten-year extension option that was renewed to extend the expiration date to September 30, 2026. Permit No. 692 grants YTI the right to occupy 224.83 acres at Berths 212-224 for container terminal operations. YTI is the assignee of Nippon Yusen Kaisha (NYK) and the current tenant of the premises.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Order to consent and acknowledge the assignment of Permit No. 692; (3) direct the Board Secretary to transmit the Order consenting to and acknowledging the business conversion of Yusen Terminals Inc. to Yusen Terminals LLC as tenant of Permit No. 692 to the City Council for approval pursuant to Section 606 of the City Charter; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Acknowledgement of Conversion of Tenant under Permit No. 692 and the Order to consent to and acknowledge Yusen Terminals LLC as Tenant of Permit 692 upon approval by City Council; and (5) adopt Order No.____________.

Regular Items (6 & 7)

Waterfront and Commercial Real Estate

6. Re: RESOLUTION NO.____________ - APPROVAL OF THE COMMEMORATIVE ART POLICY

Transmittal 1


SUMMARY: The Waterfront and Commercial Real Estate Division recommends the Board of Harbor Commissioners (Board) approve the Commemorative Art Policy (Policy), which outlines the standards and procedures for City of Los Angeles Harbor Department (Harbor Department) review of commemorative art proposals. The review process includes: a feasibility determination by Harbor Department staff (Staff); a recommendation by an Advisory Panel (Panel); Board action to approve or deny the proposal; and a final Memorandum of Understanding (MOU) between the Harbor Department and applicant, where applicable. The Policy incorporates feedback received from a Board presentation on November 10, 2015 and a revised draft Policy previously submitted to the Board on November 21, 2015. The proposed revised policy addresses input from the Board regarding the required contents of applications, the composition of the Panel, and evaluating potential controversy related to the memorial subject.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Commemorative Art Policy; and (3) adopt Resolution No.____________.

Waterfront and Commercial Real Estate

7. Re: RESOLUTION NO.____________ - APPROVAL OF THE LEASE TERMINATION AGREEMENT AND ASSIGNMENT OF SUBLEASES FOR LEASE NOS. 305-2 AND 305-3 WITH PORTS O' CALL RESTAURANT CORPORATION

Transmittal 1
Transmittal 2

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff recommends the Board of Harbor Commissioners (Board) approve the Lease Termination Agreement and Assignment of Subleases (Termination Agreement) ending Lease Nos. 305-2 and 305-3 with Ports O' Call Restaurant Corporation (POCRC) and assigning four POCRC restaurant subleases to the Harbor Department. Assignees are the Acapulco, Crusty Crab, Marina Seafood, and Pan Pacific restaurants. The Termination Agreement is part of the overall process to redevelop the Ports O' Call area. The proposed assignments would allow for continued visitor-serving activity during phased construction for the Ports O' Call promenade. Under the terms of the Termination Agreement, the Harbor Department would receive monthly rental payments from assignees and be responsible for the demolition and maintenance of assignee structures. POCRC would remain responsible for the demolition of 950 Sampson Way. Additional agreement terms provide that the POCRC issue termination notices to boater occupants at the San Pedro Marina and that the Harbor Department assist with any necessary unlawful detainer actions for boaters that do not comply with said notice. Estimated revenues and costs result in a net present value of $216,500 after 18 months, at which point the new developer would potentially assume possession of the Ports O' Call area.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(b), 2(f) and 2(i) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve Lease Termination Agreement and Assignment of Subleases for Lease Nos. 305-2 and 305-3 with Ports O' Call Restaurant Corporation in substantial form as attached; (3) authorize the Executive Director to approve and the Board Secretary to attest to the Lease Termination Agreement and Assignment of Subleases; and (4) adopt Resolution No.____________.

I. CLOSED SESSION

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

Provide instructions to its real estate negotiators with respect to Revocable Permit 12-11 with The Jankovich Company:

Property: Berth 74, San Pedro, California

City Negotiator: Ed Robles

Tenant Negotiator: Tom Jankovich

Negotiating Parties: City and The Jankovich Company

Under Negotiation: Price and Terms

2. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)

Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: one case.

3. 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).