Agenda - December 15, 2011
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, DECEMBER 15, 2011 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 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
G. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1-6)
Commission Office
1. Re: RESOLUTION NO. ____________ ESTABLISHING AN AD-HOC REAL ESTATE DEVELOPMENT POLICIES COMMITTEE
Recommendation: Board resolve to establish an Ad-Hoc Committee on Real Estate Development Policies.
Construction
2. Re: RESOLUTION NO. ____________ - FIRST AMENDMENT TO AGREEMENT NO. 09-2744 BETWEEN THE CITY OF LOS ANGELES AND ENV AMERICA INCORPORATED FOR ASBESTOS AND LEAD MANAGEMENT CONSULTANT - TIME EXTENSION
Transmittal 1
SUMMARY: The existing Agreement No. 09-2744 (Agreement) with ENV America Incorporated (ENV), located in Long Beach, California, will expire on May 5, 2012. The First Amendment to the Agreement will extend the Agreement from three to six years. This time extension is necessary to provide for on-call asbestos/lead abatement consultant services. No additional compensation is being requested.
Recommendation: Board resolve to (1) approve First Amendment to Agreement No. 09-2744, extending the term of the Agreement from three to six years; (2) 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; (3) adopt Resolution No. ____________; (4) concur that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2(f) of the Los Angeles City CEQA Guidelines; and (5) direct the Board Secretary to forward the Amendment to the City Council for its approval pursuant to Section 373 of the City Charter.
Engineering
Transmittal 2
SUMMARY: Staff recommends award of bid to Cleveland Track Material, Inc., Cleveland, Ohio, for the fabrication of two sets of Conley joints and the rehabilitation of two sets of existing Conley joints for the Badger Avenue Railroad Bridge. This agreement is for a not-to-exceed amount of $295,852 (including sales tax).
Recommendation: Board resolve to (1) award Bid No. F-772 to Cleveland Track Material, Inc., Cleveland, Ohio, for a total not-to-exceed amount of $295,852 (including sales tax); (2) authorize the Executive Director to execute said Contract for and on behalf of the Board; and (3) adopt Resolution No. ____________.
Planning and Economic Development
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting a one- year extension to Coastal Development Permit (CDP) No. 09-05, a Level III, non-appealable permit, for Phase III of the China Shipping Container Terminal Project (China Shipping Project). CDP No. 09-05 allows for the construction of a 1.2-acre fill behind the southern wharf extension of Berth 100, the development of container backland at the 1.2-acre fill, and the development of container backland for 8 acres of existing land located at the northernmost edge of Berths 97-109. CDP No. 09-05 will expire prior to the initiation of construction due to a delay in the relocation of Catalina Express to Berth 94, which is necessary for the Berth 100 wharf extension.
Recommendation: Board resolve to (1) approve a one-year extension for Coastal Development Permit No. 09-05, subject to the standard conditions set forth in the permit and direct the Director of Planning and Economic Development to issue said permit; and
(2) adopt Resolution No. _________ .
Real Estate
Transmittal 1-2
SUMMARY: Permit No. 147 between the City of Los Angeles Department of Recreation and Parks (Recreation and Parks) and the City of Los Angeles Harbor Department (Harbor Department) is for use of certain land and water areas at Cabrillo Beach for the construction and maintenance of the Cabrillo Beach Fishing Pier. Permit No. 147 has a term of 50 years, ending August 31, 2018. This proposed Order is an administrative action in response to the Los Angeles City Charter requirement that compensation under term permits be reset every five years. This administrative action covers the last three compensation periods, with compensation to the Harbor Department remaining at zero dollars, in exchange for maintenance performed by Recreation and Parks personnel on property owned by the Harbor Department within the Cabrillo Beach area.
Recommendation: Board resolve to (1) adopt the Order resetting compensation under Permit No. 147 with Recreation and Parks for the periods of September 1, 1998 through August 31, 2003, September 1, 2003 through August 31, 2008, and September 1, 2008 through August 31, 2013; (2) authorize the Board Secretary to attest to the Order resetting compensation under Permit No. 147 with Recreation and Parks; and (3) adopt Order No. ____________.
Transmittal 1
SUMMARY: Permit No. 837 (Permit) between the City of Los Angeles Harbor Department (Harbor Department) and the Port of Los Angeles Boys & Girls Club (Club) grants non-exclusive, preferential use of approximately 18,200 square feet of space at the Liberty Hill Plaza Building, which consists of a gymnasium/multipurpose room, classrooms, and office space for the purpose of implementing educational and recreational programs for youths. The 20-year term Permit, which expires on October 15, 2021, is subject to a sponsorship amount adjustment every five years. The Board of Harbor Commissioners (Board), at its sole discretion, shall determine the sponsorship amount (currently $100,000 per year). It is now necessary to reset the sponsorship amount, recommended to remain at $100,000 per year, to continue the programming and activities provided by the Club under the Permit for the upcoming five-year period of October 16, 2011 through October 15, 2016.
Recommendation: Board resolve to (1) adopt and approve the Order resetting sponsorship compensation for the Port of Los Angeles Boys & Girls Club in the amount of $100,000 per year for the five-year period of October 16, 2011 through October 15, 2016; (2) authorize the Board Secretary to attest to the Order fixing sponsorship compensation; and (3) adopt Order No. - ____________.
REGULAR ITEMS (7 AND 8)
Engineering
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Los Angeles County Metropolitan Transportation Authority (LACMTA) requires that the City of Los Angeles Harbor Department (Harbor Department) execute agreements to accept awarded grants and seek reimbursement. The Harbor Department has been awarded the following grants: Project 1 - South Wilmington Grade Separation in the amount of $19,288,000; Project 2 - John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening in the amount of $7,420,000; Project 3 - C Street/I-110 Access Ramp Improvements in the amount of $6,647,000; and Project 4 - Berth 200 Rail Yard in the amount of $8,584,000. Staff recommends accepting these grants by executing a Memorandum of Understanding (MOU), executing a Letter of Agreement (LOA), and amending an existing MOU as required by LACMTA.
Recommendation:
Board resolve to (1) accept the LACMTA 2007 Call for Projects Award No. F1208 for the John S. Gibson Boulevard/I-110 Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening in the amount of $7,420,000, between LACMTA and the Harbor Department; (2) accept the LACMTA 2007 Call for Projects Award No. F1126 for the C Street/I-110 Access Ramp Improvements in the amount of $6,647,000, between LACMTA and the Harbor Department; (3) accept the LACMTA 2009 Call for Projects Award No. F3170 for the Berth 200 Rail Yard in the amount of $8,584,000, between the LACMTA and the Harbor Department; (4) authorize the Executive Director and the Board Secretary to execute and attest to said Amendment No. 1 to the MOU for the South Wilmington Grade Separation; (5) authorize the Executive Director and the Board Secretary to execute and attest to the MOU for the John S. Gibson Boulevard Freeway Access Ramp Improvements & SR-47/I-110 Northbound Connector Widening on behalf of the Board; (6) authorize the Executive Director and the Board Secretary to execute and attest to the MOU for the C Street/I-110 Access Ramp Improvements on behalf of the Board; (7) authorize the Executive Director and the Board Secretary to execute and attest to the LOA for the Berth 200 Rail Yard on behalf of the Board; and
(8) adopt Resolution No. _____.
City Attorney
Transmittal 2
SUMMARY: The City of Los Angeles Office of the City Attorney is transmitting to the Board of Harbor Commissioners (Board) an Election to Participate in Settlement (Election to Participate, Transmittal 1) and a Release by Participating Counterparties (Release, Transmittal 2) in the matter of an out-of-court settlement between 28 State Attorneys General and Bank of America Corporation (BAC) regarding alleged violations of state and federal antitrust laws, state consumer protection laws and false claims statutes in the marketing, sale and placement of Municipal Bond Derivatives (Settlement). If approved, the election to participate and release of all claims will entitle the City of Los Angeles Harbor Department (Harbor Department) to receive a payment of $116,844.43 as part of a $62.5 million fund established pursuant to the settlement agreement.
Recommendation: Board resolve to (1) consider the Election to Participate in Settlement with BAC and the Release to be entered into in order to participate in the Settlement among various Attorneys General and BAC, and if approved; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Election to Participate and the Release; and (3) adopt Resolution 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. 10-56465
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
In Re Municipal Derivatives Antitrust Litigation, MDL No. 1950, Master Civil Action No. 08 - 2516, S.D.N.Y.