Agenda - January 17, 2013
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JANUARY 17, 2013 AT 8:30 A.M.
BANNING'S LANDING COMMUNITY CENTER
100 E. WATER STREET
WILMINGTON, CA 90744
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
Audit Committee, Douglas P. Krause, Committee Chair
F. APPROVAL OF MINUTES
Minutes of the Regular Meeting of June 7, 2012
G. PRESENTATION
Community Sponsorship Update, C. Ruiz, DED, External Relations
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1-4)
Contracts and Purchasing/Engineering
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Contracts and Purchasing and Engineering Divisions recommend award of Contract No. 39655 in the amount of $193,983 to Zalda Technology Corporation, City of Hayward, California for furnishing, transportation, labor, materials, and equipment to manufacture, test, and deliver 19 fenders and fender accessories for use at the Evergreen Container Terminal for Berths 226-236 Wharf Fender Replacement Project.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Contract is temporary in nature and can be performed more feasibly by an independent contractor rather than by City employees; (2) waive the informality of failure to sign Form CEC 55 at time of bid, and Award Contract No. 39655 for furnishing, transportation, labor, materials, and equipment to manufacture, test, and deliver 19 fenders and fender accessories to Zalda Technology Corporation, 2488 Technology Dr. Hayward, CA, 94545, in a total amount (including sales tax) of $193,983; (3) authorize the Executive Director to execute and the Board Secretary to attest to the Contract for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Environmental Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The endangered California least tern (CLT) (bird species) shares a home with the City of Los Angeles Harbor Department’s (Harbor Department) largest container terminal on Pier 400. The Harbor Department maintains, monitors, and protects 15 of 484 acres on Pier 400 for the nesting of these indigenous birds. The proposed Agreement with Environmental and GIS Services, LLC (eGIS), Fullerton, California, provides the Harbor Department with the continuation of mandated monitoring services of the CLT nesting site on Pier 400. This action will authorize a three-year contract term for an amount not-to-exceed $358,467.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants rather than by City employees; (2) approve the Agreement with Environmental and GIS Services, LLC, a Small Business Enterprise, for a term of three years for a not-to-exceed amount of $358,467; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (4) adopt Resolution No. ____________.
Planning and Economic Development
Transmittal 1
Transmittal 2
SUMMARY: Evergreen Terminal (Evergreen) is requesting a one-year extension to Coastal Development Permit (CDP) No. 10-09, a Level III non-appealable permit, for the replacement of three container cranes at Berths 226-231. CDP No. 10-09 became effective on January 31, 2011, and will expire prior to the replacement of the three container cranes. The project was delayed because the global economic downturn caused uncertainty about future container throughput and freight rates.
Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 10-09, subject to the standard conditions set forth in the permit and direct the Director of Planning and Economic Development to extend said permit; and (2) adopt Resolution No. ____________.
Real Estate
Transmittals
SUMMARY: Due to the closure of the Colonial Yacht Anchorage Marina (Colonial) located at Berth 204 on March 1, 2012, the City of Los Angeles Harbor Department (Harbor Department) requested various marinas, including Island Yacht Anchorage, Inc. (Island Yacht), to accommodate displaced liveaboards. Approval of the proposed First Amendment to Permit No. 825 is requested to allow Island Yacht to temporarily have a liveaboard percentage over the originally permitted amount of five percent. A reduction to five percent or less of total marina capacity will be restored through attrition. On October 4, 2012, the Board of Harbor Commissioners (Board) approved amendments to Wilmington Marina Permits with Pacific Yacht Landing, Yacht Haven Marina, Inc., Yacht Centre, Inc., and Holiday Harbors-Wilmington that allowed these marinas additional liveaboard capacity. Island Yacht was not submitted for Board approval in October due to a delay in receiving the signed amendment from the tenant. Permit No. 825 with Island Yacht is the last Wilmington marina that requires an amendment to its Permit in order to accommodate displaced liveaboards on one vessel from the former Colonial marina.
Recommendation: Board resolve to (1) approve the First Amendment to Permit No. 825 with Island Yacht Anchorage, Inc.; (2) direct the Board Secretary to transmit the First Amendment to Permit No. 825 with Island Yacht Anchorage, Inc. to the City Council for approval pursuant to Section 606 of the City Charter; (3) authorize the Executive Director to execute and the Board Secretary to attest to the permit amendment upon approval by City Council; and (4) adopt Order No. ____________.
I. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) 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 (d)(1) of Government Code Section 54956.9
Cheryl Morris v. City of Los Angeles, et al., United States District Court Case No. CV12-4911DMG (PJWx)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: two cases.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9
Receipt of Claims pursuant to Government Claims Act (thee claims)
Claimant: Catalina Channel Express, Inc.
Agency claimed against: City of Los Angeles