Regular Agenda - April 17, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, APRIL 17, 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 20, 2014 Regular and Special
G. PRESENTATION
Trade Connect - Jim MacLellan, Director of Trade Development
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 4)
Office of the City Attorney
Transmittal 1
SUMMARY: The Office of the City Attorney seeks the assistance of outside legal counsel to defend the City of Los Angeles and the Harbor Department in pending litigation entitled California Cartage Company, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court case number BC536307. The defense requires special expertise in the area of inverse condemnation, the primary claim asserted in the litigation. AlvaradoSmith is especially well qualified to provide the necessary representation due to its extensive inverse condemnation experience. The Office of the City Attorney requests the Board of Harbor Commissioners (Board) approve and award a three-year agreement (Agreement) to AlvaradoSmith with an appropriation of $175,000.
Recommendation: Board resolve to (1) find in accordance with Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (2) approve the Agreement with AlvaradoSmith in an amount not to exceed $175,000 for a period of three years from April 21, 2014 through April 20, 2017; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (3) adopt Resolution No.____________.
Planning and Economic Development
Transmittal 1
SUMMARY: On March 12, 2014, the California Coastal Commission (Coastal Commission) certified, as submitted, the Port Master Plan Update. Two additional actions are necessary in order to finalize the certification process: Board of Harbor Commissioners (Board) adoption of the Coastal Commission's certification, and the Coastal Commission acceptance of the Board's action as being consistent with its certification. Staff recommends that the Board resolve to adopt the Coastal Commission's certification and authorize staff to inform the Coastal Commission of the Board's action.
Recommendation: Board resolve to (1) adopt the Coastal Commission's certification of the Port Master Plan Update; (2) authorize the City of Los Angeles Harbor Department staff to inform the Coastal Commission of the Board's action; and (3) adopt Resolution No.____________.
Real Estate
Transmittal 1
SUMMARY: Permit No. 597 grants Southern California Edison Company (SCE) use of 73,035 square feet (s.f.) of aerial right-of-way that traverses across City of Los Angeles Harbor Department (Harbor Department) land located within the Intermodal Container Transfer Facility (ICTF) for the construction, maintenance, and operation of overhead electrical power transmission lines. Permit No. 597 has a 30-year term, expiring August 20, 2017, with compensation to be reset every five years. The annual compensation will be retroactively set at $49,825 for the first year of the final five-year period of August 21, 2012 through August 20, 2017.
Recommendation: Board resolve to (1) approve the Order resetting compensation under Permit No. 597 with Southern California Edison Company for the final five-year period of August 21, 2012 through August 20, 2017; (2) authorize the Board Secretary to attest to the Order resetting compensation pursuant to Permit No. 597; and (3) adopt Order No.____________.
External Relations
4. Re: RESOLUTION NO. ____________ - APPROVAL OF THE COMMUNITY SPONSORSHIP GRANT PROGRAM
Recommendation: Board resolve to adopt subject Resolution No.____________.
REGULAR ITEM NO. 5
Executive Office
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
SUMMARY: On November 19, 2013, the Los Angeles City Council (City Council) considered and adopted the Second Amendment to Permit No. 881 with TraPac, Inc. to deliver container terminal facility improvements at Port of Los Angeles (Port) Berths 136-147. During its consideration the City Council requested that the City of Los Angeles Harbor Department (Harbor Department) report back on, a) specific procedural changes that will be made to rectify the issues raised in the reporting of this program to ensure that such issues do not reoccur, b) the impacts of container terminal automation, and c) a plan for integrating a liaison between Labor and the Harbor Department vendors. On April 3, 2014, the Board of Harbor Commissioners (Board) heard staff reports and discussed staff recommendations concerning the requested actions from City Council. The Board provided directions to staff for modification to these reports and asked that this item be returned to the April 17, 2014 Board meeting before moving forward to the TCT. This Board Report incorporates these Board directions.
Recommendation: Board resolve to (1) discuss the revised documents and response to requested actions included in this report and its transmittals, and provide staff with further directions on any additional modifications concerning this information; (2) forward this report and its transmittals to the Los Angeles City Council for their information and discussion; and (3) adopt Resolution No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
California Cartage Company v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC536307
2. 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit No. 888:
Property: Berths 226-239, Terminal Island, California
City Negotiators: Jack Hedge and Sumita Thappa
Tenant Negotiators: Jason Hsu and Steve Wang
Negotiating Parties: City and Everport Terminal Services, Inc.
Under Negotiation: Price and Terms
I. (Continued)
4. 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).