Agenda - February 7, 2013
REVISED (POC Presentation will occur on the meeting of 2/21)
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 7, 2013 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Dr. 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
Strategic Plan Update
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. APPROVAL OF MINUTES
Minutes of the Regular Meetings of December 6, 2012 and
December 20, 2012 for approval.
G. PRESENTATION
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 3)
ENGINEERING
Transmittal 1
SUMMARY: In 2008, the California Transportation Commission (CTC) approved $17 million State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the South Wilmington Grade Separation project. The South Wilmington Grade Separation is a critical project for the City of Los Angeles Harbor Department (Harbor Department), and is needed for the planned construction of the adjacent TraPac container terminal improvement program. On June 19, 2008, the Board of Harbor Commissioners (Board) approved the CTC required "Baseline Agreement" that sets forth the project scope, expected benefits, schedule, cost and funding plan. On June 22, 2011, the CTC approved an amendment to the existing "Baseline Agreement" which modified the project schedule and cost to account for unforeseen third party utility relocations that are required to construct the projects' improvements. On June 27, 2012, the CTC approved a Second Amendment to the "Baseline Agreement" which modified the project schedule and cost to account for unexpected delays to securing outstanding permits and right of ways. The total TCIF funding remains unchanged at $17 million. Additionally, the CTC requires the Harbor Department to fully execute a Program Supplement Agreement prior to the start of any work for which the Harbor Department will seek reimbursement. The Harbor Department is ready to start work on the project, and seeks Board approval of the Program Supplement Agreement between the CTC and the Harbor Department for the South Wilmington Grade Separation project in the amount of $17 million.
Recommendation: Board resolve to (1) approve the Program Supplement Agreement between the California Transportation Commission and the City of Los Angeles Harbor department for the South Wilmington Grade Separation project in the amount of $17 million; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Program Supplement Agreement for and on behalf of the Board; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, future amended agreements to account for revised project schedules and reduced project costs, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No. ____________.
Office of the City Attorney
Transmittal 1
SUMMARY: As part of its legal representation of the City of Los Angeles Harbor Department (Harbor Department), the Office of the City Attorney handles legal advice, transactions, litigation, administrative proceedings, and other legal matters that from time-to-time require electronic computer assisted on-line legal research services, including electronic legal research of statutes, regulations, court cases, legislation, and other legal authority and public records. The Office of the City Attorney requests the Board of Harbor Commissioners (Board) to approve an agreement with LexisNexis, Inc. (LexisNexis) to provide such on-line legal research services for a term of three years with a not-to-exceed amount of $150,000.
Recommendation: Board resolve to (1) find that this Agreement qualifies for award on a sole source basis as a contract for the performance of professional, technical and special services of a temporary or occasional character for which competitive bidding is not practicable or advantageous, pursuant to Los Angeles City Charter, Section 371(e)(2) and Los Angeles Administrative Code Section 10.15(a)(2); (2) find in accordance to Los Angeles City Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve the Agreement with LexisNexis, Inc. for electronic computer assisted on-line legal research services for a period of three years from November 1, 2012 through October 31, 2015, in an amount not-to-exceed $150,000; (4) ratify the contract commencement date of November 1, 2012 and expenses incurred from November 1, 2012 until the date of execution by the Harbor Department; (5) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (6) adopt Resolution No. ____________.
Port Police
Transmittal 2
SUMMARY: Staff requests approval of Contract No. 39653 to Nomad Global Communication Solutions, Incorporated of Columbia Falls, Montana, for the purchase of a Mobile Communication and Power System. The equipment consists of a portable satellite radio communication trailer system, which will provide on-scene communications, power, lighting and storage for public safety communications, disaster recovery and continuity of operations. It also includes towing capability and self-sufficiency (sustaining power without refueling for up to 14 days), and allows first responders to bring power, lights and critical communications (radio, video, voice and data) to an incident site without taking away from other critical operation resources.
Funds are available in the City of Los Angeles Harbor Department (Harbor Department) Port Police Division's (Port Police) current capital budget and the equipment is eligible for full reimbursement under the Urban Area Security Initiative (UASI) Fiscal Year (FY) 2010 grant. The cost of the equipment is $179,135 (including tax). The estimated annual cost to operate the system's satellite and phone services is $6,650. After a one-year manufacturer's warranty, the Construction and Maintenance Division estimates annual operation and maintenance costs for the trailer to be $1,500. The total estimated annual operating and maintenance cost is $8,150 per year.
Recommendation: Board resolve to (1) award and approve Contract No. 39653 to Nomad Global Communication Solutions, Incorporated of Columbia Falls, Montana, for the purchase of a Mobile Communication and Power System in the amount of $179,135, including tax and delivery; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Contract for and on behalf of the Board; and (3) adopt Resolution No. ____________.
REGULAR ITEM NO. 4
Executive Offices
Transmittal 1
SUMMARY: The TraPac Memorandum of Understanding (TraPac MOU) between the TraPac Appellants and the City of Los Angeles Harbor Department (Harbor Department), along with the Operating Agreement to the TraPac MOU, jointly created the Port Community Mitigation Trust Fund (PCMTF) and established a nonprofit, the Harbor Community Benefit Foundation (HCBF), to operate the PCMTF. Pursuant to Section 5(F) of the Operating Agreement, the HCBF shall submit a detailed budget and report to the Board of Harbor Commissioners (Board) on an annual basis regarding its administrative needs and requirements. For calendar year 2013, HCBF requests approval of a flat administrative budget of $499,200, and release of funds of $354,200 (which combined with HCBF's projected 2012 surplus of $145,000, will provide the funds for the requested operating budget for 2013). Staff is recommending the Board approve HCBF's proposed budget with the condition that HCBF provide the Board of Harbor Commissioners prior notice of any reallocation within the HCBF budget that exceeds 10% of the total annual budget.
Recommendation: Board resolve to (1) approve the Harbor Community Benefit Foundation Calendar Year 2013 Operating Budget for a not-to-exceed amount of $499,200 with the condition that HCBF provide the Board of Harbor Commissioners prior notice of any reallocation within the HCBF budget that exceeds 10% of the total annual budget; (2) authorize the Executive Director or her designee to execute a joint letter with HCBF to approve the distribution of funds in one lump sum payment of $354,200 from the California Community Foundation to the HCBF subject to the same condition; and (3) adopt Resolution No. ____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) 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. 08-56503
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Cheryl Morris v. City of Los Angeles, et al., United States District Court Case No. CV12-4911DMG (PJWx)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: three cases.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Al Larson Boat Shop concerning a proposed permit:
Property: 1046 Seaside Avenue,
San Pedro, California
City Negotiator: Jack Hedge
Tenant Negotiator: Jack Wall
Negotiating Parties: City and Al Larson Boat Shop
Under Negotiation: Price and Terms