SPECIAL MEETING AGENDA
THURSDAY, MARCH 1, 2018 AT 8:30 A.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
__________________________________________________________________________________
ORDER OF BUSINESS
CONVENE IN MEMORY OF FRED WARNER
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives
E. Reports of the Commissioners
F. Board Committee Reports
1. Audit Committee Meeting of February 15, 2018
G. Approval of the Minutes
1. Regular Meeting of February 15, 2018
H. Presentation
I. Level I Coastal Development Permit
The Executive Director has approved one Level I Coastal Development Permit (CDP):
CDP No. 18-04 Port of Los Angeles - Port Police to Install Concrete Structure
J. Information Only - Level II Coastal Development Permit
The Executive Director has approved one emergency Level II Coastal Development Permit (CDP):
CDP No. 18-02 Port of Los Angeles - Demolition of a Wharf at Berths 171 - 173
K. Board Reports of the Executive Director
Consent Items (1 - 3)
Construction
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the award of this construction contract to Sialic Contractors Corporation dba Shawnan (Shawnan). The 2018-2020 Site Improvements (Project) consists of site improvements to be performed on an on-call basis throughout San Pedro, Wilmington, and Terminal Island. The lowest responsive and responsible bidder is Shawnan, located in Downey, California. The contract amount, plus a 10% contingency, is $15,909,960. The contract duration is 730 calendar days.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively 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 the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve Specification No. 2795 for Item Nos. 1 through 113 of the proposal schedule to Shawnan in the amount of $14,463,600; that a 10% contingency not included in the original contract amount be applied for a total authorization of $15,909,960; that in accordance with City Charter Section 376, authorize the Executive Director or its designee to execute Change Orders and Authority for Adjustments, regardless of their amount, up to the authorized amount of $15,909,960; and authorize payment from the Harbor Department Construction Account; (4) authorize the Executive Director to execute, and the Board Secretary to attest to this contract for and on behalf of the Board; (5) in accordance with City Charter Section 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (6) adopt Resolution No.____________.
Construction & Maintenance
2. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39839 TO GEMINI FOREST PRODUCTS FOR THE PURCHASE OF TREATED ACZA PILES
Transmittal 1
Transmittal 2
Summary: Staff requests the approval of a one-year contract with two one-year renewal options to Gemini Forest Products of Los Alamitos, California for the purchase and delivery of treated Ammoniacal Copper Zinc Aresenate (ACZA) wooden piles. The amount of this contract shall not exceed $689,665 for the initial year. If the two renewal options are exercised, $724,148 will be authorized for the second year and $774,839 for the third year. The total contract amount would not exceed $2,188,652 over the three years if the renewal options are exercised. These piles are used by the Construction and Maintenance Division (C&M) Pile Driving Section to replace old or damaged timber piles when necessary throughout the Port of Los Angeles. This contract is the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively 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 Contract No. 39839 with Gemini Forest Products for a term of one year with two one-year renewal options with an annual compensation amount not to exceed $689,665 in the first year; not to exceed $724,148 in the first renewal option year; not to exceed $774,839 in the second renewal option year; and the total compensation amount not to exceed $2,188,652; and authorize said expenditures; (3) authorize the Executive Director to execute Contract No. 39839; and (4) adopt Resolution No.____________.
Office of the City Attorney
3. RESOLUTION NO.____________ - LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND ALVARADOSMITH LLP
Transmittal 1
Summary: The Office of the City Attorney (Office) requests the Board of Harbor Commissioners (Board) approve a Legal Services Agreement (Agreement) between the City Los Angeles Harbor Department (Harbor Department) and AlvaradoSmith LLP (AlvaradoSmith) for legal services for eminent domain and inverse condemnation issues. The Agreement is for a term of three years with compensation authority of $150,000. The Harbor Department is financially responsible for payment for legal services rendered under the proposed Agreement.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively 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 in accordance to Charter Section 1022 that the scope of work of the proposed Agreements can be more economically and feasibly provided by an independent contractor than by City employees; (3) approve a Legal Services Agreement with AlvaradoSmith LLP in the amount of $150,000 for a three-year term; (4) authorize the Executive Director and Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution No.____________.
Regular Items (4 & 5)
Port Police
4. RESOLUTION NO.____________ - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CITY OF LOS ANGELES POLICE DEPARTMENT FOR INTEROPERABLE RADIO COMMUNICATION
Transmittal 1
Summary: Staff requests the ratification of a Memorandum of Understanding (MOU) between the City of Los Angeles Harbor Department (Harbor Department) and the City of Los Angeles Police Department (LAPD) for the purpose of enabling continued interoperable radio communications. The Harbor Department and the LAPD, in fulfilling their respective public safety, law enforcement, and emergency management missions, frequently conduct coordinated responses and participate in joint operations. Interoperable radio communication is essential for sharing critical information and for affecting command and control when conducting these operations. Moreover, both parties would like to enable continued interoperable radio communications through coordination and information sharing with regard to the radio communication; and system technical information necessary to maintain radio communications and plans. The intent of this MOU is to memorialize the understanding between the Harbor Department and the LAPD with respect to the information exchange necessary to facilitate continued interoperable radio communications. The effective date shall be the date of execution by the Executive Director of the Harbor Department upon authorization of the Board of Harbor Commissioners. The MOU shall be in effect for one year with annual, automatic renewals, not to exceed three years. The MOU is administrative in nature and there will be no financial impact.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined the proposed action is administratively 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) ratify the proposed MOU between the Harbor Department and the LAPD; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOU; and (4) adopt Resolution No.____________.
Management Audit
5. RESOLUTION NO.____________ - APPROVAL TO PAY BCA WATSON RICE LLP FOR CONDUCTING THE INDUSTRIAL ECONOMIC AND ADMINISTRATIVE SURVEY UNDER CITY CONTRACT NO. C-129932
Transmittal 1
Transmittal 2
Summary: Staff requests Board approval to pay up to $498,860 to BCA Watson Rice LLP (BCA) under City Contract No. C-129932 to conduct the Industrial, Economic, and Administrative Survey (IEAS or IEA Survey) of the Harbor Department. This contract is between BCA and the City, approved by the City Council, with a not-to-exceed amount of $498,860 and terminates on December 31, 2018. Los Angeles City Charter Section 266 requires that an IEAS for the Harbor Department be conducted every five years and that the Harbor Department pay for the survey. As such, expenditures under this contract are the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the proposed action is administratively 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) authorize the Harbor Department to pay BCA directly in accordance with the deliverables and payment schedule for the IEAS of the Harbor Department under City Contract No. C-129932, which terminates on December 31, 2018 and has a not-to-exceed amount of $498,860; (3) authorize direct payment to BCA as per the terms of contract C-129932; and (4) adopt Resolution No.____________.
CLOSED SESSION
L. Closed Session Items
1. 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:
(ten cases).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01080
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waseem Ahmed, et al., Los Angeles Superior Court Case No. 17LBUD01106
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica I, Los Angeles Superior Court Case No. 17LBUD01082
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Roberta M. Lisk dba Figments, Los Angeles Superior Court Case No. 17LBUD01156
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Virginia Pavkovich dba Mexilatin Gifts, Los Angeles Superior Court Case No. 17LBUD00950
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01078
8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01084
9. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Waterfront Ventures LLC, Los Angeles Superior Court Case No. 17LBUD01026
10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jimoh Akibu dba African American Gift Shop, Los Angeles Superior Court Case No. 17LBUD01025
11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jose Miguel Calvillo dba Calvillo Photos, Los Angeles Superior Court Case No. 17LBUD01101
12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Fernando Diaz dba Botanica II, Los Angeles Superior Court Case No. 17LBUD01081
13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Masoud Dezfully dba Arts N Music, Los Angeles Superior Court Case No. 17LBUD01109
L. (Continued)
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Shang W. Lee, et al., Los Angeles Superior Court Case No. 17LBUD01077
15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Justice for Murdered Children, Los Angeles Superior Court Case No. 17LBUD01105
16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD01083
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Sea Breeze Shells, Inc., Los Angeles Superior Court Case No. 17LBUD00949
18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Mohamed Rayan, et al., Los Angeles Superior Court Case No. 17LBUD01079
19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Boardwalk Grill, Los Angeles Superior Court Case No. 17LBUD01102
20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Jayme S. Wilson dba Spirit Cruises, Los Angeles Superior Court Case No. 17LBUD01103
L. (Continued)
21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. San Pedro Waterfront LLC, Los Angeles Superior Court Case No. 17LBUD01104
M. Adjournment