Regular Agenda - July 24, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JULY 24, 2014 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINSTRATION 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.
CONVENE IN MEMORY OF JOHN FOXWORTHY
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
E. BOARD COMMITTEE REPORTS
No Board Committee Reports.
F. APPROVAL OF THE MINUTES
Minutes for approval for the following dates:
June 5, 2014 Regular Meeting
June 19, 2014 Special Meeting
July 10, 2014 Regular Meeting
G. PRESENTATION
1. Port of Los Angeles/Shanghai ECO Partnership - Director of Environmental Management Chris Cannon
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 4)
Commission Office
1. Re: RESOLUTION NO. ____________ - APPOINTING EXECUTIVE DIRECTOR EUGENE D. SEROKA TO THE INTERMODAL CONTAINER TRANSFER FACILITY (ICTF) JOINT POWERS AUTHORITY
Recommendation: Board resolve to adopt subject Resolution No.____________.
2. Re: RESOLUTION NO. ____________ - APPOINTING EXECUTIVE DIRECTOR EUGENE D. SEROKA TO THE GOVERNING BOARD OF THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY (ACTA)
Recommendation: Board resolve to adopt subject Resolution No.____________.
Engineering
SUMMARY: In March 2014, the California Transportation Commission (CTC) approved programming of $2,840,500 inof State Proposition 1B Trade Corridors Improvement Fund (TCIF) program funds for the construction phase of the City of Los Angeles Harbor Department's (Harbor Department) project: TraPac Terminal Automation - Automated Shuttle Carrier Maintenance & Repair (M&R) Facility (TCIF No. 102) project. As part of the TCIF program, each recipient agency is required to enter into a "Baseline Agreement" with the CTC for each project. The "Baseline Agreement" is needed in addition to seeking the actual allocation of the funds, which requires CTC approval. The "Baseline Agreement" sets forth the project scope, expected benefits, schedule, cost, and funding plan. If there are future changes in the project schedule and/or cost, the "Baseline Agreement" will need to be amended prior to the allocation of funds. Once approved by the Board of Harbor Commissioners (Board), this "Baseline Agreement" will be transmitted to the CTC for their approval which is expected to occur at their August 2014 meeting.
Recommendation: Board resolve to (1) approve the TraPac Terminal Automation - Automated Shuttle Carrier Maintenance & Repair Facility "Baseline Agreement" substantially as to form; (2) authorize the Executive Director to execute, and the Board Secretary to attest to, this "Baseline Agreement," for and on behalf of the Board; (3) authorize the Executive Director to execute, and the Board Secretary to attest to, future "Baseline Agreement" Amendments to account for revised project schedule and reduced project cost, for and on behalf of the Board; subject to the approval of the City Attorney as to form and legality; and (4) adopt Resolution No.____________.
Real Estate
Transmittals
SUMMARY: Staff recommends approval of an Operating Agreement (Agreement) between the City of Los Angeles Harbor Department (Harbor Department) and California Dining Services (Cal Dining) to provide professional food service and management of the Port Pantry Cafe (Port Pantry) at the Harbor Administration Building (HAB) and provide vending machine, catering, and coffee services. The proposed term of the Agreement is three years. Proposed annual compensation is $107,000 to cover anticipated costs associated with the subsidy, catering, coffee services, equipment repairs, and environmentally friendly products. Cal Dining was selected through the Harbor Department's Request for Proposal (RFP) process. Approval of this Agreement will provide uninterrupted operation of the Port Pantry for employees and visitors. Cal Dining is currently operating the Port Pantry under Agreement No. E6604, which expires on August 2, 2014.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, it is more feasible for an outside contractor to perform this work than City employees; (2) approve the Agreement with California Dining Services; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (4) adopt Resolution No.____________.
REGULAR ITEMS (5 & 6)
Environmental Management
Transmittal 1
SUMMARY: On June 19, 2008, the Board of Harbor Commissioners (Board) approved the Clean Truck Program (CTP) Drayage Services Concession Agreement (2008 Concession Agreement), a five-year agreement which contained terms and conditions that must be met by a licensed motor carrier (LMC) in order to provide drayage services at Port of Los Angeles (Port) terminals. Since the inception of the CTP on October 1, 2008, the City of Los Angeles Harbor Department (Harbor Department) has entered into approximately 1,100 CTP Concession Agreements with LMCs. As all of the 2008 Concession Agreements are set to expire on September 30, 2014, the Harbor Department, with input from stakeholders, has prepared a new five-year agreement that will commence upon the expiration of the 2008 Concession Agreement. The proposed Board action is to approve the new CTP Concession Agreement, and to authorize the Executive Director to execute each individual Concession Agreement with LMCs.
Recommendation: Board resolve to (1) approve the Port of Los Angeles Clean Truck Program Drayage Services Concession Agreement; (2) authorize the Executive Director to execute the Port of Los Angeles Clean Truck Program Drayage Services Concession Agreements with individual licensed motor carriers on the Board-approved form and authorize the Board Secretary to attest to said Concession Agreements, for and on behalf of the Board; (3) approve a reduced concession fee of $500 (discount of $2,000) under the new Port of Los Angeles Clean Truck Program Drayage Services Concession Agreement, for all licensed motor carriers that entered into the 2008 Drayage Services Concession Agreement with the Harbor Department after September 30, 2012; and (4) adopt Resolution No.____________.
Real Estate
6. Re: ORDER NO. ____________ - FIRST AMENDMENT TO PERMIT NO 897 WITH CATALINA CHANNEL EXPRESS, INC.
SUMMARY: On January 5, 2012, the Board of Harbor Commissioners (Board) granted Permit No. 897 (Permit) to Catalina Channel Express, Inc. (Catalina) for premises at Berth 95 (Premises). Permit No. 897 authorized Catalina to undertake the construction, operation, and maintenance of a public passenger facility for a 25-year term. The proposed First Amendment to Permit No. 897 (First Amendment) addresses the need to set forth the dimensions of the permit premises, as completed, and adjust the compensation accordingly. A Settlement Agreement and Release of Claims (Settlement Agreement) is being presented to the Board concurrently in Closed Session to settle any and all claims, disputes and controversies associated with the relocation of Catalina as well as those in connection with overpaid percentage rent under the prior permit (Permit No. 768). The compensation set forth in this First Amendment reflects the negotiated settlement amounts.
Recommendation: Board resolve to (1) approve the proposed First Amendment to Permit No. 897 with Catalina Channel Express, Inc.; (2) direct the Board Secretary to transmit the First Amendment to Permit No. 897 to the City Council for approval pursuant to Charter Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Permit No. 897 upon approval by City Council; and (4) adopt Order No.____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Receipt of Claims pursuant to Government Claims Act (three claims)
Claimant: Catalina Channel Express, Inc.
Agency claimed against: City of Los Angeles
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 306 granted to Ultramar, Inc. (Valero):
Property: Berth 164
City Negotiator: Michael Galvin
Tenant Negotiator: Steve Faichney
Negotiating Parties: City and Ultramar, Inc. (Valero)
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 560 granted to Vopak Terminals North America, Inc.:
Property: Berths 191-194
City Negotiator: Michael Galvin
Tenant Negotiator: Mike LaCavera
Negotiating Parties: City and Vopak Terminals North America, Inc.
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 Permit 897 granted to Catalina Channel Express, Inc.:
Property: Berth 95, San Pedro, California
City Negotiator: Jack Hedge, Rica Viola
Tenant Negotiator: Greg Bombard
Negotiating Parties: City and Catalina Channel Express, Inc.
Under Negotiation: Price and Terms