Agenda - October 04, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, OCTOBER 04, 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.
CONVENING IN MEMORY OF MARTÍN D. CHAVEZ
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 the Regular Meetings of May 3, 2012 and July 19, 2012 for approval.
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 4)
Construction
Transmittal 1
SUMMARY: The existing Agreement No. 11-2976 with AECOM Technical Services, Inc. (AECOM), located in Orange, California, will expire on May 19, 2014. The First Amendment to Agreement No. 11-2976 will extend the term of the Agreement from three years to five years. This time extension is necessary to provide construction management support services for the South Wilmington Grade Separation project. No additional compensation is being requested.
Recommendation: Board resolve to (1) approve the First Amendment to Agreement No. 11-2976, extending the term of the Agreement from three years to five years; (2) direct the Board Secretary to forward the Amendment to the City Council for its approval pursuant to Section 373 of the City Charter; (3) authorize the Executive Director to execute, and the Board Secretary to attest to said Amendment for and on behalf of the Board upon City Council approval; (4) find that in accordance with the City Charter Section 1022, work under subject Agreement can be performed more feasibly by an independent contractor than by City employees; and (5) adopt Resolution No. ___________.
Clean Truck Program
Transmittal 1
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) Clean Truck Program (CTP) received $746,666 in funding through the State of California Attorney General’s Office (Attorney General) resulting from the settlement of a lawsuit against five Harbor Department Marine Terminal Operators (MTO). The Harbor Department recommends using the money in a Very Small Business Enterprise (VSBE) Truck Grant Program to offer grants to assist CTP Concessionaires who are VSBEs in purchasing trucks that meet the U. S. Environmental Protection Agency (EPA) 2007 heavy duty truck emissions standards (clean trucks). The requested action is for the Board of Harbor Commissioners (Board) to approve the Harbor Department Very Small Business Enterprise Truck Grant Program (Program), including allocating funds in the amount of $746,666.
Recommendation: Board resolve to (1) approve the City of Los Angeles Harbor Department Very Small Business Truck Grant Program, to be funded by the $746,666 in State of California Attorney General settlement funds received by the Harbor Department for the VSBE Truck Grant Program; (2) approve the template Grant Agreement between the City of Los Angeles Harbor Department and Grantees, substantially as to form; (3) authorize the Executive Director to finalize and execute the individual Grant Agreements with individual grantees, and the Board Secretary to attest to same; and (4) adopt Resolution No. ____________.
Planning and Economic Development
Transmittal 1
Transmittal 2
SUMMARY: General Petroleum Corporation (General Petroleum) is applying for Coastal Development Permit (CDP) No. 12-11 to remediate and redevelop their facility at Berth 259 which consists of demolishing five tanks, performing site remediation of petroleum contamination, constructing three new storage tanks, and installing two temporary tanks. Staff is recommending the Board of Harbor Commissioners (Board) approve CDP No. 12-11, 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. 12-11, consistent with the project description listed on Application for Discretionary Project No. 120313-024; and (3) adopt Resolution No. _________.
Real Estate
Transmittal 1
SUMMARY: Due to the closure of the Colonial Yacht Anchorage Marina located at Berth 204 on March 1, 2012, the City of Los Angeles Harbor Department (Harbor Department) requested other marinas accommodate displaced liveaboards. Approval of the proposed First Amendments to Permit Nos. 804, 806, 807, and 808 is requested to allow these Wilmington area marinas to temporarily have a liveaboard rate over the originally permitted amount of five percent. The liveaboard rates will vary from marina to marina based on the actual number of liveaboards that one marina absorbs in comparison to the others, but all the Wilmington area marinas will be over the five percent rate allowed under their permits. However, a reduction to five percent or less of total berthing capacity will be restored through attrition.
Recommendation: Board resolve to (1) approve the First Amendments to Permit No. 804 with Perel Marinas, Inc. dba Pacific Yacht Landing; Permit No. 806 with Yacht Haven Marina, Inc.; Permit No. 807 with Yacht Centre, Inc.; and Permit No. 808 with Holiday Harbors–Wilmington; (2) direct the Board Secretary to transmit the First Amendments to Permit No. 804 with Perel Marinas, Inc. dba Pacific Yacht Landing; Permit No. 806 with Yacht Haven Marina, Inc.; Permit No. 807 with Yacht Centre, Inc.; and Permit No. 808 with Holiday Harbors - Wilmington 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 amendments upon approval by City Council; and (4) adopt Resolution No. ____________.
REGULAR ITEMS (5 & 6)
Real Estate
5. Re: RESOLUTION NO. ____________- PROPOSED FIRST AMENDMENT TO EXECUTIVE DIRECTOR AGREEMENT NO. E6626 WITH PATRICIA V. TUBERT DBA TUBERT CONSULTING
Transmittal 1
SUMMARY: Executive Director Agreement No. E6626 (Agreement) with Patricia V. Tubert dba Tubert Consulting (Tubert) provides for real estate consulting services and terminates on November 13, 2012. The proposed First Amendment (Amendment) to the Agreement is an extension of the term through June 30, 2013, with an additional $150,000 to the compensation total. From October 2012 through June 2013, the estimated expenditure is $16,666 per month, or approximately $150,000 total. All other terms and conditions of the Agreement will remain the same. Tubert is based out of Los Angeles, California.
Recommendation: Board resolve to (1) approve the First Amendment to Executive Director Agreement No. E6626 with Patricia V. Tubert dba Tubert Consulting, which will extend the term through June 30, 2013 and add $150,000 to the contract for a total compensation of $300,000; (2) authorize the Executive Director to execute and the Board Secretary to attest to the First Amendment to Executive Director Agreement No. E6626; and (3) adopt Resolution No. ____________.
Transmittal 1
SUMMARY: Permit No. 238 grants Equilon Enterprises, LLC (Equilon) dba Shell Oil Products US use of approximately 50,965 square feet (s.f.) of City of Los Angeles Harbor Department (Harbor Department) land located along Fries Avenue, between Falcon Street and Pier A Street, on Mormon Island for the construction, maintenance, and operation of subsurface petroleum pipelines. Permit No. 238 has a 50-year term, expiring May 17, 2022, with compensation to be reset every five years. The proposed annual compensation will be retroactively set at $73,899 annually for the five-year period of May 18, 2012 to May 17, 2017.
Recommendation: Board resolve to (1) approve the Order resetting compensation under Permit No. 238 with Equilon Enterprises, LLC dba Shell Oil Products US for the five-year period of May 18, 2012 through May 17, 2017; (2) authorize the Board Secretary to attest to the Order resetting compensation pursuant to Permit No. 238; and (3) adopt Order No. ____________.
H. 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)
Charles Miller v. City of Los Angeles, Workers’ Compensation Appeals Board Case No. VNO 0544901
3. 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.
ADJOURNMENT IN MEMORY OF LEE ANDERSON, FORMER HARBOR COMMISSION VICE PRESIDENT 1993-1996