Agenda - October 6, 2011
AGENDA OF THE SPECIAL MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, OCTOBER 6 , 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 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
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
F. PRESENTATION
Public Safety Facility Plan, Chief Ron Boyd
G. MINUTES
Minutes of the Regular Meeting of August 18, 2011
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 7)
Commission Office
1. Re: RESOLUTION NO. ____________ - APPOINTING COMMISSIONER SUNG WON SOHN TO THE AUDIT COMMITTEE OF THE BOARD OF HARBOR COMMISSIONERS
Recommendation: Board resolve to appoint Commissioner Sung Won Sohn as
a member of the Audit Committee.
2. Re: RESOLUTION NO. ____________ - APPOINTING PRESIDENT CINDY MISCIKOWSKI AS AN ALTERNATE ON THE EXECUTIVE COMMITTEE OF THE I-710 CORRIDOR IMPROVEMENT PROGRAM
Recommendation: Board resolve to appoint Commission President Cindy Miscikowski as the alternate to Commissioner Krause on the Executive Committee of the I-710 Corridor Improvement Programs.
3. Re: RESOLUTION NO. ____________ - APPOINTING COMMISSIONER SUNG WON SOHN TO THE AD HOC COMMITTEE ON LEASING POLICES
Recommendation: Board resolve to remove Kaylynn Kim and appoint Commissioner Sung Wong Sohn to the Ad-Hoc Committee on Leasing Policies.
4. Re: ADOPTION OF THE 2012 BOARD OF HARBOR COMMISSIONERS MEETING CALENDAR
Recommendation: Board resolve to adopt the 2012 Board of Harbor Commissioners Calendar.
Business Development
Transmittal 1
SUMMARY: On August 5, 2010 the Los Angeles Board of Harbor Commissioners (Board) approved the Third Amendment to APM Terminals Pacific, Ltd. (APMT), Permit No. 824 which included the City of Los Angeles Harbor Department's (Harbor Department) consent to APMT's sublease of a portion of the premises to California United Terminals, Inc. (CUT). The Third Amendment also provided for APMT's option to assign to CUT, APMT's right to pursue expansion of the premises (Pier 500), subject to the Harbor Department's environmental assessment under the California Environmental Quality Act (CEQA) and other applicable laws. In August of 2011, APMT exercised its option to assign the Pier 500 expansion rights to CUT. The proposed Board action is the approval of the Harbor Department's Consent to the Assignment and Assumption Agreement, which provides for CUT's right to submit an Application for Discretionary Project (ADP) and commence the planning, development and environmental assessment process for the proposed Pier 500.
Recommendation: Board resolve to (1) approve the proposed Consent to Assignment and Assumption Agreement between APM Terminals Pacific, Ltd. and California United Terminals, Inc., (2) direct the Board Secretary to transmit the proposed Consent to the Los Angeles City Council for approval pursuant to Los Angeles City Charter Section 606; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed Consent; and (4) adopt Resolution No. ____________.
Construction and Maintenance
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39598 with Progressive Industrial, Inc. of Palmetto, FL for the purchase of a 25 foot long tugboat in the amount of $272,963, including sales tax. This steel tugboat will replace a 69 year-old tugboat. The replacement of the City of Los Angeles Harbor Department's (Harbor Department) tugboat "Yankee" was planned and is funded in the Fiscal Year 2011-12 capital equipment budget.
Recommendation: Board resolve to (1) approve Contract No. 39598 with Progressive Industrial, Inc. in the amount of $272,963 and authorize said expenditures; (2) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39598; and (3) adopt Resolution No. ____________.
Real Estate
7. Re: RESOLUTION NO. ____________ - PROPOSED REVOCABLE PERMIT WITH LOS ANGELES MARITIME INSTITUTE FOR USE OF PROPERTY AT BERTHS 73 AND 78
Transmittals 1-2
SUMMARY: Los Angeles Maritime Institute (LAMI) is a 501(c)(3) non-profit organization that runs the TopSail Program which educates middle school students, many of whom are "at-risk" youths. It educates youths about the Port of Los Angeles and the maritime industry; develops communication and teamwork skills; and instills responsibility, leadership and self-esteem by providing character-building experiences, all of which take place in the setting of sailing a tall ship. The TopSail Program has been in operation since 1992, and the City of Los Angeles Harbor Department (Harbor Department) has been providing financial sponsorship since 1997. LAMI's TopSail Program is on the Harbor Department's approved sponsor list and also uses the dock at Berth 78 for the brigantines and the land at John S. Gibson Park (Berth 84 area) for the modular buildings on a no-charge basis. As a result of the Downtown Harbor Water Cut Project, the modular buildings are scheduled for demolition and removal by October 2011, and require the relocation of the LAMI operations. The Harbor Department proposes to enter into a Revocable Permit (RP) with LAMI, which will entitle LAMI use of 2,565 square feet (s.f.) of office space in the Harbor Department-owned building at Berth 73, and incorporate the premises under LAMI's existing Space Assignment No. 2004-30, which provides use of the docks at Berth 78 and the 14,420 s.f. of adjoining water space. Unit P-3, measuring approximately 516 s.f. at the Ports O' Call Village, will also be provided for use as a storefront as a sub-tenancy as provided under RP 03-04 with San Pedro Waterfront, LLC.
Recommendation: Board resolve to (1) approve the proposed Revocable Permit with the Los Angeles Maritime Institute; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Revocable Permit; and (3) adopt Resolution No. ____________.
REGULAR ITEMS (8-12)
Information Technology
8. Re: RESOLUTION NO. ____________ - AGREEMENT WITH DEFY AGENCY, INC. FOR AS-NEEDED WEBSITE AND MOBILE APPLICATIONS SUPPORT
Transmittal 1
Transmittal 3
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into an agreement with Defy Agency, Inc. (Defy), located in Culver City, California, to provide as-needed technical and design support services for the City of Los Angeles Harbor Department's (Harbor Department) websites and mobile applications. The recommendation to select Defy is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. Defy is a certified Small Business Enterprise (SBE); therefore, 100% of the agreement will contribute towards the Harbor Department's SBE goals. The term of the proposed agreement is three years at an amount not-to-exceed $540,000.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) approve the agreement with Defy for a term of three years at an amount not-to-exceed $540,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreement; and (4) adopt Resolution No. ____________.
Transmittal 2
SUMMARY: The Information Technology (IT) and Port Police Divisions are requesting approval to enter into a purchase order contract with Dailey-Wells Communications, Inc. (Dailey-Wells), located in Houston, Texas, for the purchase of an Interoperable Radio System. The proposed Interoperable Radio System will be used by City of Los Angeles Harbor Department (Harbor Department) Port Police security officers and other non-sworn (civilian) staff. This Interoperable Radio System will enable Harbor Department civilian staff to maintain reliable radio communications with each other and with outside agencies involved in routine daily operations, special events, or disaster situations. The proposed contract is for one year at an amount not-to-exceed $804,155, including tax, installation and delivery. This amount is fully reimbursable by federal and state grants. The estimated total cost of the Interoperable Radio System project is $1,685,000, which includes the proposed agreement, other external costs and internal labor costs. The recommendation is based on the competitive bid process conducted by the City of Los Angeles (City) General Services Department (GSD) for its Contract No. 58785 with Dailey-Wells.
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 City's Request for Proposals which resulted in the award of Contract No. 58785; (2) approve the contract with Dailey-Wells Communications, Inc. for the purchase of an Interoperable Radio System for a term of one year for a total amount not-to-exceed $804,155, including tax, installation and delivery; (3) authorize the Executive Director to execute the contract for and on behalf of the Board; and (4) adopt Resolution No. ________ .
Real Estate
Transmittals 1-2
SUMMARY: Staff recommends that the City of Los Angeles Harbor Department (Harbor Department) enter into a Settlement Agreement, Mutual Release and Compromise, and Indemnity Agreement (Settlement Agreement) with Pacific Cruise Ship Terminals, LLC (PCST) to pay PCST $795,908 to resolve a dispute relative to expenses and compensation. The payment will settle the outstanding differences with PCST regarding the expenses incurred for its operations of the cruise terminal from the full calendar years 2003 through 2010.
Recommendation: Board resolve to (1) approve the proposed Settlement Agreement with Pacific Cruise Ship Terminals, LLC; (2) authorize the Executive Director to execute and the Board Secretary to attest to the proposed Settlement Agreement; and (3) adopt Resolution No. ____________.
Transmittals 1-2
SUMMARY: The Board of Harbor Commissioners (Board) granted Operating Agreement No. 2264 (Agreement No. 2264) to Pacific Cruise Ship Terminals, LLC (PCST) for a term of 18 months, effective January 1, 2003. Agreement No. 2264 is for the management and operation of the cruise terminal, located at Berths 91-93, and for related purposes. The 18-month term of Agreement No. 2264 provided a one-year option to extend. This option was exercised, and Agreement No. 2264 has been on holdover status since July 1, 2005. Staff recommends approval of the proposed interim Operating Agreement with PCST. The Operating Agreement will have a 21-month term, retroactively commencing on January 1, 2011 and ending on September 30, 2012. The interim Operating Agreement will require PCST to furnish all services, materials, equipment, and items necessary to manage and operate the cruise terminal based upon a defined Scope of Work (SOW). The SOW outlines the duties to be performed by PCST under this Operating Agreement. For the services provided, the City of Los Angeles Harbor Department (Harbor Department) will pay PCST $9,655 per vessel call, payable on a monthly basis through 2011. Beginning January 1, 2012, the payment per vessel call will be adjusted by the Consumer Price Index (CPI).
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) find, consistent with City Charter Section 371(e)(10), that the competitive bidding process for the short-term operation of the cruise terminal is impractical and would not be in the Harbor Department's best interest in consideration of the temporary nature of the services required and the relationship of Pacific Cruise Ship Terminals, LLC with cruise lines and the United States Coast Guard in managing and operating the cruise terminal; (3) approve the new interim Operating Agreement with Pacific Cruise Ship Terminals, LLC; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Operating Agreement; and (5) adopt Resolution No. ____________.
Office of the City Attorney
Transmittal 1
SUMMARY: Office of the City Attorney requests approval of a Sixth Amendment (Sixth Amendment) to Agreement for Professional Legal Services No. 2519 (Agreement No. 2519) between and among the City of Los Angeles (POLA) and Kaye Scholer LLP (Kaye Scholer), increasing the compensation by $200,000 to an amount not-to-exceed $7,753,679.
Recommendation: Board resolve to (1) approve the Sixth Amendment to Agreement No. 2519 with Kaye Scholer in the form attached as Transmittal 1, increasing compensation by $200,000 to an amount not-to-exceed $7,753,679; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Sixth Amendment to Agreement No. 2519; (3) authorize and direct the Board Secretary to forward the Sixth Amendment to Agreement No. 2519 to the City Council for its approval pursuant to Section 373 of the City Charter; (4) adopt Resolution No. ____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
The United States of America ex rel. State of California ex rel. Stanley D. Mosler v. City of Los Angeles, et al., United States District Court Case No. 02-02278-SJO
2. 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
3. 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.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Pacific Cruise Ship Terminals concerning Operating Agreement 2264:
Property: Berths 91-93, San Pedro, California
City Negotiator: Kathryn McDermott
Tenant Negotiator: Jim Callahan
Negotiating Parties: City and Pacific Cruise Ship Terminals
Under Negotiation: Price and Terms