SPECIAL MEETING AGENDA
THURSDAY, MARCH 3, 2016 AT 4:30 P.M.
THE OPEN SESSION ITEMS WILL BEGIN NO SOONER THAN 6:00 P.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
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
B. Roll Call
CLOSED SESSION
C. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. BAE Systems San Diego Ship Repair, Inc., United States District Court Case No. CV 13-8810 CBM (AGRx)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Certain Underwriters at Lloyd's, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Jane Chiappetta v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC578142
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 704 with ExxonMobil Oil Corporation:
Property: Berths 237-240, Terminal Island, California
City Negotiator: Michael Galvin
Tenant Negotiator: Christi Vogl
Negotiating Parties: City and ExxonMobil Oil Corporation
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 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
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.
7. 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).
OPEN SESSION
D. Convene In Memory of Domenick Miretti
E. Executive Director Remarks
F. Comments from the Public on Non-Agenda Items
G. Reports of the Commissioners
H. Board Committee Reports
Audit Committee of 2.18.16
I. Approval of the Minutes
Regular Meeting of February 18, 2016
J. Presentation
Ports O' Call Developer
K. Level I Coastal Development Permit Report
The Executive Director has approved two Level I CDPs:
CDP Nno. 16-04 POLA - Installation of Modular Trailer(s) and Laydown area
CDP Nno. 16-05 Phillips 66 Company - Abandon-in-Place and Removal of Oil Pipelines
L. Board Reports of the Executive Director
Consent Items (1 - 5)
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Order resetting compensation under Permit No. 889 (P889) with Southern Cal Seafood, Inc. (SoCal) and to exercise the option to extend P889 by five years. As a result, it is necessary to reset compensation for the five-year period of June 7, 2016 to June 6, 2021. Under the compensation reset Order, the current monthly rent of $3,488.54 will be adjusted to $7,183.00 effective June 7, 2016. Thereafter, the initial base rent will be subject to an annual six percent increase in order to attain market rent, plus an annual Consumer Price Index (CPI) escalator throughout the five-year term.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Section 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Order resetting compensation under Permit No. 889 with Southern California Seafood, Inc.; (3) authorize the Board Secretary to attest to the Order; and (4) adopt Order No.____________.
Cargo & Industrial Real Estate
Summary: Staff requests approval of the Order resetting compensation under Permit No. 890 (P890) with Larry Gleason (Gleason) dba Harbor Ice & Cold Storage and to exercise the option to extend P890 by five years. As a result, it is necessary to reset compensation for the five-year period of June 7, 2016 to June 6, 2021. Under the compensation reset Order, the current monthly rent of $4,072.99 will be adjusted to $8,387.39 effective June 7, 2016. Thereafter, the initial base rent will be subject to an annual eight percent increase in order to attain market rent, plus an annual Consumer Price Index (CPI) escalator throughout the five-year term.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Section 1(14) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the Order resetting compensation under Permit No. 890 with Larry Gleason dba Harbor Ice & Cold Storage; (3) authorize the Board Secretary to attest to the Order; and (4) adopt Order No.____________.
Executive Offices
3. RESOLUTION NO. ____________ - (1) APPROVAL OF FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF LONG BEACH AND THE CITY OF LOS ANGELES FOR THE INTERMODAL CONTAINER TRANSFER FACILITY (ICTF) JOINT POWERS AUTHORITY AND (2) APPOINTMENT OF ALTERNATE MEMBERS TO THE ICTF JOINT POWERS AUTHORITY GOVERNING BOARD
Transmittal 1
Transmittal 2
Summary: Staff recommends that the Board of Harbor Commissioners (Board) (1) approve a First Amendment (Amendment) to the Joint Exercise of Powers Agreement between the City of Long Beach and the City of Los Angeles for the Intermodal Container Transfer Facility (ICTF) Joint Powers Authority (JPA), and (2) appoint David Arian and Antonio Gioiello as alternate members to the ICTF JPA Governing Board. The ICTF JPA is a separate legal entity with its own Governing Board comprised of board members that are appointed by the Boards of Harbor Commissioners of Los Angeles and Long Beach. The proposed Amendment will improve the administration of ICTF JPA Governing Board meetings, by (i) providing for the Los Angeles and Long Beach Boards of Harbor Commissioners to appoint alternate members to the ICTF JPA Governing Board to serve in the event of absence of the ICTF JPA Governing Board's regular members, and (ii) changing the date of the annual ICTF JPA Governing Board meeting from July to September. There is no financial impact or cost associated with this proposed action to either the ICTF JPA or the Harbor Departments of Los Angeles or Long Beach.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 the First Amendment to ICTF Joint Powers Authority Agreement between the City of Los Angeles and the City of Long Beach; (3) authorize the Executive Director and Board Secretary to execute and attest to the First Amendment to ICTF Joint Powers Authority Agreement; (4) appoint David Arian as alternate member for regular member Patricia Castellanos, to serve on the ICTF JPA Governing Board concurrent with the regular member until February 5, 2019; (5) appoint Antonio Gioiello as alternate member for regular member Eugene D. Seroka, to serve on the ICTF JPA Governing Board concurrent with the regular member until July 23, 2019; and (6) adopt Resolution No.____________.
Construction and Maintenance
4. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39773 TO NATIONAL AUTO FLEET GROUP FOR PURCHASE OF FOUR CNG-FUELED SPECIALTY UTILITY TRUCKS
Transmittal 1
Summary: The Los Angeles Harbor Department (Harbor Department) Construction and Maintenance Division (C&M) requests approval of Contract No. 39773 with National Auto Fleet Group of Watsonville, California for the purchase and delivery of four (4) 2016 Ford Super Duty F-550 compressed natural gas (CNG) specialty utility trucks in the amount of $499,070.44. Purchase of the new specialty utility trucks is part of the approved Fiscal Year 2015-16 C&M operations equipment budget and will provide operational efficiencies for Port Electrical Mechanic (PEM) high voltage operations. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into an agreement with National Auto Fleet Group utilizing a current agreement for such services with the National Joint Powers Alliance (NJPA) Contract No. 102811, a cooperative purchase agreement; (3) approve Contract No. 39773 with National Auto Fleet Group for the purchase and delivery of four CNG specialty utility trucks for an amount not-to-exceed $499,070.44; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39773 for and on behalf of the Board; and (5) adopt Resolution No.____________.
Construction and Maintenance
5. RESOLUTION NO.____________ - AWARD OF CONTRACT NO. 39776 TO ALTEC INDUSTRIES, INC. FOR PURCHASE OF A CNG-FUELED HEAVY-DUTY AERIAL LIFT TRUCK
Transmittal 1
Summary: The Los Angeles Harbor Department (Harbor Department) Construction and Maintenance Division (C&M) requests approval of Contract No. 39776 with Altec Industries of Dixon, California for the purchase and delivery of a compressed natural gas (CNG) heavy duty aerial lift truck in the amount of $282,190.81. Purchase of this replacement heavy-duty aerial lift truck is part of the approved Fiscal Year 2015-16 equipment budget and will provide operational efficiencies to C&M. This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is 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 City of Los Angeles Administrative Code Division 10, Chapter 1, Article 2, Section 10.15 (a)(8), the Harbor Department may enter into an agreement with Altec Industries, Inc. utilizing a current agreement for such services with the National Joint Powers Alliance (NJPA), Contract No. 03104-ALT a cooperative purchase agreement; (3) approve Contract No. 39776 with Altec Industries, Inc. for the purchase and delivery of a CNG heavy duty aerial lift truck for an amount not-to-exceed $282,190.81; (4) authorize the Executive Director to execute and Board Secretary to attest to Contract No. 39776 for and on behalf of the Board; and (5) adopt Resolution No.____________.
CONTINUATION OF SECTION C
Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. BAE Systems San Diego Ship Repair, Inc., United States District Court Case No. CV 13-8810 CBM (AGRx)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. Certain Underwriters at Lloyd's, London and Other London Market Insurers, et al., Los Angeles Superior Court Case No. BC588876
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Jane Chiappetta v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC578142
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 704 with ExxonMobil Oil Corporation:
Property: Berths 237-240, Terminal Island, California
City Negotiator: Michael Galvin
Tenant Negotiator: Christi Vogl
Negotiating Parties: City and ExxonMobil Oil Corporation
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 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
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.
7. 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).
M. Adjournment