Special Meeting Agenda - June 08, 2015
May 28, 2015
NOTICE OF SPECIAL BOARD MEETING - MONDAY, JUNE 8, 2015
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – MONDAY, JUNE 8, 2015 AT 3:00 P.M.
The Los Angeles Board of Harbor Commissioners called a
Special Meeting on Monday, June 8, 2015 at 3:00pm:
Port of Los Angeles Harbor Administration Building
425 S. Palos Verdes Street, Board Room, 2nd Floor
San Pedro, California 90731
The attached agenda specifies the intended business to be conducted at the Special Meeting. Additional items will not be considered.
AMBER M. KLESGES
Commission Secretary
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
MONDAY, JUNE 8, 2015 AT 3:00 P.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CALIFORNIA 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.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
Audit Committee Meeting of May 21, 2015
F. APPROVAL OF THE MINUTES
Regular Meeting of May 21, 2015
G. PRESENTATION
None.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 3)
Information Technology
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to sign two State of California, California Network 3 (CALNET 3) Authorizations to Order (ATOs) with AT&T, Inc. (AT&T). Signing the ATOs allows the Harbor Department to order telecommunications utility services from AT&T under the terms of CALNET 3, which will be used primarily to pay for telephone bills at discounted rates. The ATOs also enable the Harbor Department to order other related telecommunications products and services from AT&T offered through CALNET 3. The term of the ATOs will be from July 1, 2015 through June 30, 2018. The amount of funding for the ATOs will not exceed the amount authorized by the Board of Harbor Commissioners (Board) through the annual budget process. AT&T was awarded participation in the CALNET 3 contract after a competitive procurement process conducted by the State of California's Department of Technology. 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 in accordance with Administrative Code Section 10.15(a)(8), the competitive contracting requirement is met using the responses from the State of California's Request for Qualification Proposal (RFQP) solicitation (RFQP 12-001), which resulted in the State of California's Office of Technology Services CALNET 3 Statewide Contract A (SWC-A), C3-A-12-10-TS-01 and Statewide Contract B (SWC-B), C3-B-12-10-TS-01; (2) approve the two Authorizations to Order with AT&T for the acquisition of telecommunications services from July 1, 2015 to June 30, 2018; (3) authorize the Chief Information Officer for the Harbor Department or designee to be the Harbor Department's authorized signatory for ordering services through CALNET 3; (4) authorize the Executive Director or designee to execute the two Authorizations to Order; and (5) adopt Resolution No.___________.
Executive Office
Transmittal 1
SUMMARY: The Harbor Community Benefit Foundation (HCBF) is a non-profit organization that receives funding from the Port Community Mitigation Trust Fund (PCMTF) from the Los Angeles Harbor Department (Harbor Department) and operates the grant administration process of soliciting, selecting and approving grants from the PCMTF under certain guidelines and subject to Board of Harbor Commissioners (Board) approval. The HCBF bylaws, adopted by the HCBF Board of Directors (HCBF Board) and approved by the Board, establish a maximum six-year term limit for its Directors, while service as an Officer is limited to four consecutive years. On January 23, 2015, the HCBF Board approved an amendment to delete the four-year term limit for Officers from its bylaws. By deleting this limit, Officers may serve without any maximum term limit so long as the HCBF Board continues to re-elect them, allowing for continuity of service. The bylaws of the HCBF and the Operating Agreement of the TraPac Memorandum of Understanding state that changes to the HCBF bylaws requires approval from the Board in order to be effective, so long as the HCBF is holding, receiving or using PCMTF funds. HCBF is requesting approval from the Board to amend its bylaws. No funding from the Harbor Department is required for this request.
Recommendation: Board resolve to (1) approve the amendment to Section 9.2 of Harbor Community Benefit Foundation Bylaws to delete the four-year term limit for Officers, thereby removing term limits altogether; and (2) adopt Resolution No.______________.
Commission Office
3. Re: RESOLUTION NO. ____________ - APPROVAL FOR COMMISSION PRESIDENT AMBASSADOR VILMA MARTINEZ'S TRAVEL TO SACRAMENTO, CALIFORNIA FOR LEGISLATIVE MEETINGS
Recommendation: Board resolve to approve subject Resolution No.___________.
REGULAR ITEMS (4 - 6)
Finance
4. Re: RESOLUTION NO. ___________ - ADOPTION OF PROPOSED FISCAL YEAR 2015/16 ANNUAL BUDGET
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) staff requests approval of the Fiscal Year (FY) 2015/16 Proposed Annual Budget (Proposed Budget) of $1,001,086,096. The Proposed Budget is aligned with the Updated 2012 - 2017 Strategic Plan (Strategic Plan Update) and will enable the Harbor Department to meet its commitments in the upcoming fiscal year. Adoption of the Proposed Budget will position the Port of Los Angeles (Port) to deliver value to customers by providing superior infrastructure and promoting efficient operations as well as forge strong, lasting relationships with its stakeholders.
The Proposed Budget includes sources and appropriations of funds as follows:
TABLE 1: SOURCES AND APPROPRIATIONS OF FUNDS
Sources: Appropriations:
Operating Receipts $ 428,588,311 Operating Expenses $ 233,484,156
Non-Operating Receipts 8,632,564 Non-Operating Expenses 7,886,130
Grant Receipts (Capital) 49,272,764 Capital Budget 263,234,156
Debt Repayments 35,500,000
Accrual Adjustments 9,481,654
Available Cash: Projected Year-End Balances
Unrestricted Funds 401,846,517 Unappropriated Balance 354,000,000
Restricted Funds 112,745,940 Restricted Cash 97,500,000
Total Sources $1,001,086,096 Total Uses $1,001,086,096
The Proposed Budget represents the ongoing commitment of Harbor Department staff to operate and maintain the Port in a fiscally sound manner according to the guidelines, policies and direction set forth by the Board of Harbor Commissioners (Board). Furthermore, the Proposed Budget complies with the Board-approved Financial Policies that relate to debt rating, debt service coverage and reserve levels.
Recommendation: Board resolve to (1) adopt the Fiscal Year 2015/16 Proposed Annual Budget for the City of Los Angeles Harbor Department and appropriate funds in accordance herewith; (2) authorize the Executive Director, or his designee, to make any technical adjustments consistent with the Board action(s) to the Fiscal Year 2015/16 Proposed Annual Budget documents in the implementation of this budget; and (3) adopt Resolution No.___________.
Engineering
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: On July 31, 2008, the Board of Harbor Commissioners (Board) approved the City of Los Angeles Harbor Department (Harbor Department) Agreement No. 08-2706 (Agreement) between the Harbor Department and CH2M Hill, Inc. (Consultant), located in Los Angeles, California, to provide planning and engineering services for the Sampson Way (7th Street to 22nd Street) Project (Project) for a term of three years and an Agreement amount of $4,987,768.
On August 4, 2011, the Board approved the First Amendment to increase the Agreement term by four years from September 2, 2011 to September 2, 2015 to provide additional time necessary to complete the Project design and provide design services during construction. The Agreement amount remained the same. This Second Amendment, if approved by the Board and Los Angeles City Council, will increase the Agreement term by an additional three years (to expire on September 2, 2018). This additional Agreement time will allow the Consultant to complete design services for the Sampson Way Roadway Improvements – 7th Street and Harbor Boulevard Intersection Project and provide design services during construction through Project closeout.
The proposed amendment adds additional time for the Consultant to perform the services called for by the Agreement, but does not add additional funding. The Harbor Department is financially responsible for payment under this Agreement.
Recommendation: Board resolve to (1) find that in accordance with the City of Los Angeles Charter Section 1022, work covered under this Second Amendment can be performed more feasibly by an independent consultant rather than by City of Los Angeles employees; (2) approve this Second Amendment to Agreement No. 08-2706 with CH2M Hill, Inc. to extend the Agreement term by three years; (3) authorize and direct the Board Secretary to forward the Second Amendment to the Los Angeles City Council for its approval pursuant to Section 373 of the Los Angeles City Charter; (4) authorize the Executive Director to execute and Board Secretary to attest to the said Second Amendment for and on behalf of the Board of Harbor Commissioners; and (5) adopt Resolution No.___________.
Engineering
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: On October 17, 2013, the Board of Harbor Commissioners (Board) approved Utility Agreement No. 13-3185 (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and the City of Los Angeles Department of Water and Power (LADWP) for the Harbor Department to pay LADWP to relocate LADWP's potable water facilities as part of the Harbor Department's Interstate 110/C Street Access Ramp Improvements Project (Project) in the amount of $1,518,311.70. On February 10, 2015, LADWP requested the Harbor Department provide additional funds for LADWP to complete their water facilities relocation work. LADWP has encountered a myriad of interfering underground utilities and unforeseen conditions that has increased LADWP's costs to complete the work. LADWP has requested an additional $1,060,000 to complete their work (construction work of $744,754.84, engineering design costs of $102,282.81 and a contingency of $212,962.35). This First Amendment, if approved by the Board, will add $1,060,000 in funding authority to the Agreement for an amended amount of $2,578,311.70. These additional funds will be used on an as-needed basis to complete the water utility relocations within the Project footprint. The Harbor Department is responsible to pay for actual costs up to the total amended Agreement amount. These funds are budgeted in the Project's approved budget; therefore, additional Project funds are not being requested.
Recommendation: Board resolve to (1) Approve the First Amendment to Utility Agreement 13-3185 between the City of Los Angeles Harbor Department and City of Los Angeles Department of Water and Power; (2) authorize the Executive Director to execute and Board Secretary to attest to said First Amendment to Utility Agreement 13-3185 for and on behalf of the Board; and (3) 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 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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to an amendment to the agreement with Crafted at the Port of Los Angeles:
Property: 112 E. 22nd Street, San Pedro, California
City Negotiator: Michael Galvin
Tenant Negotiators: Wayne Blank, Howard Robinson
Negotiating Parties: City and Crafted at the Port of Los Angeles
Under Negotiation: Price and Terms
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permits 305-2 and 305-3 with Ports O'Call Restaurant Corporation:
Property: Berths 80-83, San Pedro, California
City Negotiator: Ed Robles
Tenant Negotiator: John Tallichet
Negotiating Parties: City and Ports O'Call Restaurant Corporation
Under Negotiation: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 856 with San Pedro Waterfront, LLC:
Property: Berth 76, San Pedro, California
City Negotiator: Ed Robles
Tenant Negotiator: Jayme Wilson
Negotiating Parties: City and San Pedro Waterfront, LLC
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 Revocable Permit 12-11 with The Jankovich Company:
Property: Berth 74, San Pedro, California
City Negotiator: Jeremy Karmelich
Tenant Negotiator: Tom Jankovich
Negotiating Parties: City and The Jankovich Company
Under Negotiation: Price and Terms
6. 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.