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Agenda - December 06, 2012

 

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AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, DECEMBER 06, 2012 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 M. 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. APPROVAL OF MINUTES
Minutes of Regular Meeting of November 15, 2012 for approval.

 

G. PRESENTATION
Construction & Maintenance Vehicle Procurement Guidelines

 

H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR

CONSENT ITEMS (1 - 4)

Construction and Maintenance

1. Re: RESOLUTION NO. _______________ - AWARD OF CONTRACT NO. 39647 TO LOS ANGELES TRUCK CENTER, LLC DBA LOS ANGELES FREIGHTLINER FOR THE PURCHASE OF TWO DUMP TRUCKS

Transmittal 1
Transmittal 2

SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39647 with Los Angeles Truck Center, LLC dba Los Angeles Freightliner of Whittier, CA, for the purchase of two compressed natural gas fueled dump trucks in the amount of $389,231, including sales tax. These dump trucks will replace 15 year-old and 16 year-old diesel fueled dump trucks in poor condition. The replacements were planned and are funded in the Fiscal Year 2012-13 capital equipment budget.
Recommendation: Board resolve to (1) approve Contract No. 39647 with Los Angeles Truck Center, LLC dba Los Angeles Freightliner of Whittier, CA, in the amount of $389,231 and authorize said expenditures; (2) authorize the Executive Director to execute Contract No. 39647; and (3) adopt Resolution No. _______________.

2. Re: RESOLUTION NO. _______________ - AWARD OF CONTRACT NO. 39645 TO CASE POWER & EQUIPMENT FOR THE PURCHASE OF ONE BACKHOE LOADER AND ONE TRACTOR

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The Construction and Maintenance Division (C&M) requests approval of Contract No. 39645 with Case Power & Equipment of Santa Fe Springs, CA, for the purchase of one backhoe loader in the amount of $114,977 and one tractor in the amount of $97,002, for a total of $211,979 including sales tax. This equipment will replace a 16 year-old backhoe and a 12 year-old tractor in poor condition. The replacements were planned and are funded in the Fiscal Year 2012-13 capital equipment budget.
Recommendation: Board resolve to (1) approve Contract No. 39645 with Case Power & Equipment of Santa Fe Springs, CA in the amount of $211,979 and authorize said expenditures; (2) authorize the Executive Director to execute Contract No. 39645; and (3) adopt Resolution No. _______________.

Planning & Economic Development

3. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL I COASTAL DEVELOPMENT PERMIT (NO. 12-12) TO BP WEST COAST PRODUCTS LLC FOR THE REMOVAL OF A SEGMENT OF PIPELINE

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department has requested BP West Coast Products LLC (BP) to remove a segment of pipeline located within the South Wilmington Grade Separation (SWGS) Project area. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 12-12, a Level I, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that this project will have no significant adverse environmental impacts as provided in the California Environmental Quality Act; (2) authorize the Executive Director to approve the issuance of Coastal Development Permit No. 12-12, consistent with the project description listed on Application for Discretionary Project No. 120910-116; and (3) adopt Resolution No. ____________.

Real Estate

4. Re: ORDER NO. ____________ - PROPOSED RESETTING COMPENSATION UNDER PERMIT NO. 520 WITH SAN PEDRO OWNERSHIP, INC. DBA DOUBLETREE HOTEL SAN PEDRO

Transmittal 1

SUMMARY: Permit No. 520 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and San Pedro Ownership, Inc. dba Doubletree Hotel San Pedro (SPOI) grants a 50-year lease to SPOI, the assignees from the original tenant. The Permit commenced on January 24, 1997 and terminates on January 23, 2047. Section 4(k) of the Permit requires that compensation be reset every five years. This proposed Order resets compensation for the five-year period which commenced on January 24, 2012 through January 23, 2017. The proposed compensation for this period is as follows: (1) The minimum annual guaranteed rent (MAG) will remain unchanged at $170,724; (2) the percentage rent for all revenue sources other than room, food and beverage will remain unchanged; and (3) the percentage rent for room, food and beverage will be reset to the following amounts:
Room, Food and Beverage Revenue Thresholds Percentage
$0 - $4,999,999 2.0%
$5,000,000 - $7,499,999 2.5%
$7,500,000 - $8,999,999 3.0%
$9,000,000 and over 3.5%
Recommendation: Board resolve to (1) adopt the Order resetting compensation under Permit No. 520 for the five-year period from January 24, 2012 through January 23, 2017; (2) authorize the Board Secretary to attest to the Order resetting compensation to be paid by San Pedro Ownership, Inc. dba Doubletree Hotel San Pedro pursuant to Section 4(k) of Permit No. 520; and (3) adopt Order No. _______________.

REGULAR ITEMS (5 & 6)

Public Hearing

5a. Re: ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO. 12-13) FOR THE SOUTH WILMINGTON GRADE SEPARATION PROJECT BETWEEN HARRY BRIDGES BOULEVARD, PIER A STREET, FRIES AVENUE, AND TRAPAC INC. (TRAPAC) TERMINAL

Public Hearing to receive comments pursuant to the California Coastal Act of 1976, as amended, and the Port of Los Angeles' certified Port Master Plan, for a Coastal Development Permit for the South Wilmington Grade Separation Project at Fries Avenue and Harry Bridges Boulevard in Wilmington, California.

Planning & Economic Development

5b. Re: RESOLUTION NO. ____________ - ISSUANCE OF A LEVEL III COASTAL DEVELOPMENT PERMIT (NO. 12-13) FOR THE SOUTH WILMINGTON GRADE SEPARATION PROJECT BETWEEN HARRY BRIDGES BOULEVARD, PIER A STREET, FRIES AVENUE, AND TRAPAC INC. (TRAPAC) TERMINAL

Transmittal 1
Transmittal 2
Transmittal 3

SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to construct the South Wilmington Grade Separation (SWGS) Project, which will construct an approximately 4,100-foot-long grade separation structure linking Harry Bridges Boulevard, Pier A Street, and Fries Avenue with a proposed new entrance to the TraPac Terminal. The grade separation will improve traffic flow, enhance public safety, and reduce air quality impacts of vehicles idling while waiting for a train to pass. Staff is recommending the Board of Harbor Commissioners (Board) approve Coastal Development Permit (CDP) No. 12-13, a Level III, non-appealable permit for the proposed project.
Recommendation: Board resolve to (1) hold a public hearing for the proposed Level III, non-appealable Coastal Development Permit No. 12-13; (2) find that the proposed project conforms with the Port Master Plan and the California Coastal Act of 1976, as amended, and find that this project will have no significant adverse environmental impacts as provided in the California Environmental Quality Act; (3) upon closure of the public hearing, authorize the Executive Director to approve the issuance of Coastal Development Permit No. 12-13, consistent with the project description listed on Application for Discretionary Project No. 060213-009; and (4) adopt Resolution No. ____________.

Contracts & Purchasing

6. Re: RESOLUTION NO. ____________ - PROPOSED AMENDMENT TO LOS ANGELES ADMINISTRATIVE CODE SECTION 10.1.1 TO INCREASE THE CONTRACTING AUTHORITY OF THE EXECUTIVE DIRECTOR
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) executes annual procurement contracts to purchase business required materials, supplies and services to support Harbor Department operations. These annual procurement contracts are typically under $100,000 each and are awarded for a term of one year, plus two, one-year renewal options. Execution of the renewal options extends the contracts past one-year; therefore, Board of
Harbor Commissioners (Board) approval is required to execute the renewal options. In order to administer these smaller procurement contracts more efficiently, the Contracts and Purchasing Division (CPD) is recommending that the Board request the Office of the City Attorney to draft an ordinance to amend Section 10.1.1 subsection (a) of the Los Angeles Administrative Code (LAAC) to increase the contracting authority of the Executive Director for procurement contracts. Currently, the Executive Director has the authority to execute contracts or agreements that do not exceed $150,000 and have a term of one-year or less. The proposed amendment to the LAAC would give the Executive Director the authority to execute procurement contracts that do not exceed $150,000 annually, and are for a term of three years or less. It should be noted that in December 2011, the City Council approved an Ordinance which increased the contracting authority of the Executive Director of the Los Angeles World Airports (LAWA) in a similar manner. Consistent with LAWA's contracting authority; it is recommended that the Harbor Department pursue a similar amendment to the LAAC.
Recommendation: Board resolve to (1) request the Office of the City Attorney to prepare a draft Ordinance to amend Los Angeles Administrative Code Section 10.1.1 subsection (a); and (2) authorize and direct the Board Secretary to forward the Resolution requesting an amendment to Los Angeles Administrative Code Section 10.1.1 subsection (a) to the City Council for consideration; and (3) adopt Resolution No. ____________.

I. CLOSED SESSION

1. 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. 08-56503

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)

Santa Monica Baykeeper, et al. v. City of Los Angeles, et al., United States District Court Case No. 97-7761-WDK

3. THREAT TO PUBLIC SERVICES OR FACILITIES

Consultation with: Port of Los Angeles Deputy Executive Director of Operations John Holmes, Port of Los Angeles Deputy Chief of Police Paul Lipscomb

4. 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.

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)

Provide instructions to its real estate negotiators with respect to Al Larson Boat Shop concerning a proposed permit:

Property: 1046 Seaside Avenue, San Pedro, California

City Negotiator: Jack Hedge

Tenant Negotiator: Jack Wall

Negotiating Parties: City and Al Larson Boat Shop

Under Negotiation: Price and Terms

 



 

Los Angeles Harbor Commission

Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session.  If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.

Please note that this agenda is subject to revision in accordance with the Brown Act.  In the event the agenda is revised prior to the meeting, Port staff will endeavor to post the revised agenda on the Port’s web site (http://www.portoflosangeles.org).  Updated agendas also will be available in hard copy at the meeting.  Live Board meetings can also be heard at: (213) 621-City (Metro), (818) 904-9450 (Valley), (310) 471-City (Westside) and (310) 547-City (Harbor).

As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.

Sign language interpreters, assistive listening devices, and translation services may be provided.  To ensure availability, 72-hour advance notice is required.  Contact the Commission office at (310) 732-3444.

Interpretes de señas, sistemas auditivos y servicios de traducciones están disponibles.  Para asegurar disponibilidad, se requiere solicitarlos con 72 horas de anticipación.  Para hacer la solicitud, llame a la oficina de la Comisión al (310) 732-3444.