Regular Agenda - May 01, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, May 01, 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
Minutes for approval for the following date:
March 7, 2013 Special Meeting
G. PRESENTATION
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 5)
Business and Trade Development
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department), as the Foreign-Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from Customs Air Warehouse, Inc., (Customs Air), Site 2A, located in Los Angeles, California, to exercise its second renewal option to extend the term of its FTZ Operating Agreement No. 2340 (Agreement No. 2340) at FTZ 202, Site 2A. Customs Air provides international logistic services. The original term of the agreement is five years with three, five-year renewal options. The original agreement commenced June 23, 2004, and there was a renewal on June 23, 2009, which is set to expire on June 22, 2014. Any change made to an original Operating Agreement, including existing renewal options, requires an amendment to the agreement. Upon approval, the proposed Second Amendment will extend Agreement No. 2340 for five years through June 22, 2019. Also, as part of the changes, all updated City of Los Angeles contractual provisions will be incorporated into Agreement No. 2340. All remaining terms and conditions of Agreement No. 2340 shall remain in full force and effect.
Recommendation: Board resolve to (1) approve the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 2340 between the City of Los Angeles Harbor Department and Customs Air Warehouse, Inc.; (2) direct the Board Secretary to transmit the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 2340 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 of the Los Angeles Administrative Code; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed Second Amendment to Foreign-Trade Zone Operating Agreement No. 2340; and (4) adopt Resolution No.____________.
Commission Office
2. Re: RESOLUTION NO.____________ - CONTINUING INTERIM APPOINTMENT FOR EXECUTIVE DIRECTOR
Recommendation: Board resolve to adopt subject Resolution No.____________.
Construction and Maintenance
3. Re: RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39694 TO SIMPLEX GRINNELL FOR PORT-WIDE FIRE ALARM AND FIRE SUPPRESSION SYSTEM MAINTENANCE AND UPGRADES
SUMMARY: The Construction and Maintenance Division (C&M) requests the approval of a one-year contract with two, one-year renewal options to Simplex Grinnell of Santa Fe Springs, California, for port-wide fire alarm and fire suppression system maintenance and upgrades for an amount not to exceed $2,700,000 for the first year and $2,700,000 for each of the two subsequent years if the renewal options are exercised. The contract is based on a cooperative arrangement with National Joint Powers Alliance Contract No. 031913-SGL. The fire-life safety systems installed for the City of Los Angeles Harbor Department (Harbor Department) require personnel with specialized certification to maintain, test and program the equipment that City employees do not possess.
Recommendation: Board resolve to (1) find that in accordance with City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into the agreement with Simplex Grinnell based on a cooperative arrangement with the National Joint Powers Alliance to utilize Contract No. 031913-SGL; (2) find that in accordance with Los Angeles City Charter Section 1022, work under the subject contract can be performed more feasibly by independent contractors than by City employees; (3) award Contract No. 39694 in the amount of $2,700,000 for fire alarm and fire suppression system maintenance and upgrades throughout the Port of Los Angeles to Simplex Grinnell of Santa Fe Springs, California, for a period of one year, with two, one-year renewal options in the amount of $2,700,000 each year to be exercised by the Executive Director or his designee; (4) authorize the Executive Director to execute Contract No. 39694 in accordance with National Joint Powers Alliance No. 031913-SGL effective April 1, 2014; and (5) adopt Resolution No.___________.
Information Technology
4. Re: RESOLUTION NO. ____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND GRANICUS, INC. FOR STREAMING MEDIA AND ARCHIVING HARDWARE AND SOFTWARE
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-109835 with Granicus. The City contract was awarded through a competitive bid process and is the basis for this request for approval. The term of the requested Harbor Department agreement shall be for three years from the effective date of this agreement, for an amount not-to-exceed $195,000.
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-109835; (2) approve the agreement with Granicus, Inc. for a term of three years at an amount not-to-exceed $195,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement; and (4) adopt Resolution No.____________.
Office of the City Attorney
Transmittal 1
SUMMARY: The Office of the City Attorney requests approval of a First Amendment to Executive Director Agreement No. E-6700 with Meckler Bulger Tilson Marick & Pearson LLP, extending the one-year term of the Agreement by two more years. The extension is necessary due to postponement of the trial date in City of Los Angeles v. National Union Fire Insurance Co of Pittsburgh PA (U.S. District Court Case No. 12-cv-07662). No additional funds are requested.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. E-6700 with Meckler Bulger Tilson Marick & Pearson LLP, extending the one-year term to a total of three years; (2) authorize the Interim Executive Director to execute and the Board Secretary to attest to the First Amendment to Agreement E-6700; and (3) adopt Resolution No.____________.
REGULAR ITEM NO. 6
Planning and Economic Development
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: It is recommended that the Board of Harbor Commissioners (Board) approve the Second Amendment to the Exclusive Negotiating Agreement (ENA) between the City of Los Angeles Harbor Department (Port) and LA Waterfront Alliance (Developer), collaboration between The Ratkovich Company and Jerico Development. The original ENA was for a term of 240 days plus a 120-day extension option exercised by the Executive Director for a total of 360 days. On March 6, 2014, the Board approved the First Amendment to the ENA, which extended the term an additional 60 days, expiring May 8, 2014. The Second Amendment proposes to extend the current term 30 days with options for additional 30-day extension periods and a not to exceed total extension period of 180 days. The proposed term extension would allow the Port and Developer to continue the required due diligence and complete the Financial Feasibility Analysis (FFA) required by the ENA. Further, it is recommended that the FFA become the financial responsibility of the Port with the Developer required to provide project specific information necessary to complete the FFA.
Recommendation: Board resolve to (1) approve the Second Amendment to the Exclusive Negotiating Agreement between the City of Los Angeles Harbor Department and LA Waterfront Alliance; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Second Amendment, for and on behalf of the Board; and (3) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R
2. 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.
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).
4. 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
5. 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
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 306 granted to Ultramar, Inc. (Valero):
Property: Berth 164
City Negotiator: Michael Galvin
Tenant Negotiator: Steve Faichney
Negotiating Parties: City and Ultramar, Inc. (Valero)
Under Negotiation: Price and Terms
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 787 granted to Yang Ming Marine Transport Corp.:
Property: Berths 121-131
City Negotiator: Jack Hedge, Rica Viola
Tenant Negotiator: Captain T.R. Lee
Negotiating Parties: City and Yang Ming Marine Transport Corp.
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 881 granted to TraPac, Inc.:
Property: Berths 136-147
City Negotiator: Jack Hedge, Ed Robles
Tenant Negotiator: Frank Pisano
Negotiating Parties: City and TraPac, Inc.
Under Negotiation: Price and Terms
9. PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Executive Director