Regular Agenda - July 10, 2014
REGULAR AGENDA OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, JULY 10, 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.
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
G. PRESENTATION
Energy Management Action Plan (EMAP) - Carter Atkins, EMAP Project
Manager
H. SPECIAL ORDER OF THE DAY
Level I Coastal Development Permit Report
In accordance with the approved Port of Los Angeles Master Plan (PMP), the Executive Director is designated with the authority to approve or deny applications for Level I Coastal Development Permits (CDPs), but these CDPs only become effective when the permits are reported in writing to the Board of Harbor Commissioners (Board). No Board action is required. Additionally, the PMP provides that a Level I CDP that is being reported to the Board can be stayed if any two Board members so request. In this case, the CDP would be agendized for the next regular Board meeting and would require Board action to be approved or denied.
The Executive Director has approved six Level I CDPs:
CDP No. 14-04 ExxonMobil Oil Corporation - Pipelines Relocation
CDP No. 14-09 Phillips 66 - Pipelines Relocation
CDP No. 14-10 Los Angeles Harbor Department - Timber Pier Removal
CDP No. 14-11 Paramount Petroleum Company - Pipeline Relocation
CDP No. 14-12 Los Angeles Harbor Department - Westside Front Street Beautification Project
CDP No. 14-13 National University – Decommission of Berth 183
I. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1- 3)
Construction and Maintenance
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Construction and Maintenance Division (C&M) requests the approval of a one-year contract with two, one-year renewal options to ABCO Trading Company of Los Angeles, California, for the purchase and delivery of treated creosote piles for an amount not to exceed $289,665 for the first year, $626,975 for the second year, and $689,673 for the third year (if the renewal options are exercised) for a three-year total of $1,606,313. These piles are used by the C&M Pile Driving Section to replace old timber piles when necessary throughout the Port.
Recommendation: Board resolve to (1) approve Contract No. 39696 with ABCO Trading Company for the purchase and delivery of treated creosote piles for a period of one year, with two, one-year renewal options in an amount not to exceed $289,665 for the first year, $626,975 for the second year, and $689,673 for the third year (a total of $1,606,313) and authorize said expenditures; (2) authorize the Executive Director to execute Contract No. 39696; and (3) adopt Resolution No.____________.
Environmental Management
Transmittal 1
SUMMARY: In January 2012, the Board of Harbor Commissioners (Board) approved a grant from the South Coast Air Quality Management District (SCAQMD) for reimbursement funding from the Proposition 1B - Goods Movement Emission Reduction Program (Prop 1B). On January 17, 2012, the City of Los Angeles Harbor Department (Harbor Department) entered into Agreement No. 12-3037 with the SCAQMD, the fiduciary agency, to receive Prop 1B grant reimbursement funding in the amount of $23.7 million to install shore-side electrical power, also referred to as Alternative Maritime Power (AMP) at ten berths within the Port of Los Angeles (Port). Originally, Agreement No. 12-3037 required ships to actually plug into Prop 1B funded berths on or before December 31, 2013, or grant funding would be forfeited. As a result, on January 13, 2014, the Board approved the First Amendment to Agreement 12-3037, which allowed load bank testing to demonstrate operability at the Prop 1B funded AMP berths prior to December 31, 2013, in the event there was no available ship capable of plugging into an AMP berth on or before that time. Agreement No. 12-3037 currently requires that Prop 1B berths complete successful post-inspection 30 calendar days prior to the "liquidation deadline" of March 7, 2014, or grant funding would be forfeited. Although all parties have already verbally agreed to extend this deadline, the proposed Second Amendment to Agreement 12-3037 (Amendment) will formally extend the post-inspection deadline. This action will also establish a deadline schedule and allow the Harbor Department to file additional time extensions for post-inspections, if needed.
Recommendation: Board resolve to (1) approve in substantial form the Second Amendment to Agreement No. 12-3037 between the South Coast Air Quality Management District and the City of Los Angeles Harbor Department; (2) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and on behalf of the Board; and (3) adopt Resolution No.____________.
Port Police
Transmittal 1
Transmittal 2
SUMMARY: On September 5, 2013, the City of Los Angeles Harbor Department (Harbor Department) entered into Memorandum of Agreement No. 13-3175 (MOA) with the City of Los Angeles Mayor's Office (City) for the purpose of receiving funds as reimbursement from the Urban Area Security Initiative (UASI) for fiscal year (FY) 2012. UASI grants are provided by the United States Department of Homeland Security (DHS) to fund the needs of large urban areas, associated with building a sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism. The total award was $132,000 for a two-year period that began on October 12, 2012, and ended on May 31, 2014. Items approved by DHS for grant reimbursement include equipment procured for the Maritime Law Enforcement Training Center (MLETC) in the amount of $82,000, and the California Ports Tabletop Exercise, Planning Phase 1 (TTX), in the amount $50,000. There was no cost share associated with this award. The proposed First Amendment (Transmittal 1) will extend the grant expiration date to July 31, 2014; and release previously approved grant funding in the amount of $10,877, as a result of cost savings associated with this grant. All remaining terms and conditions of MOA No. 13-3175 will remain in full force and effect.
Recommendation: Board resolve to (1) approve the First Amendment to Memorandum of Agreement No. 13-3175 between the Harbor Department and the City; and (2) authorize the Executive Director or his designee to execute and the Board Secretary to attest to the Memorandum of Agreement; and (3) adopt Resolution No.____________.
REGULAR ITEM NO. 4
Debt and Treasury Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Transmittal 7
Transmittal 8
SUMMARY: This proposed Resolution authorizes the Board to: (1) issue up to $200 million of City of Los Angeles Harbor Department (Harbor Department) Revenue Bonds (Revenue Bonds), the proceeds from which will be used to finance the design, planning, constructing and/or equipping of Harbor Department related Capital Improvement Program (CIP) projects and the acquisition of capital assets, and (2) issue Refunding Revenue Bonds in order to refund all or portions of the $73.6 million Harbor Department's 2006 Series D Bonds (Refunded Bonds) as well as $100 million of outstanding Commercial Paper (CP) notes that are not subject to the alternative minimum tax (non-AMT).
Recommendation: Board resolve to (1) authorize the issuance of the City of Los Angeles Harbor Department Revenue Bonds, in one or more series, through negotiated sale, in a combined principal amount of up to $200 million; (2) authorize the refunding of all or portions of the Harbor Department's outstanding $73.6 million 2006 D Revenue Bonds with the proceeds of the Refunding Revenue Bonds, subject to the parameters set forth in this Resolution; (3) authorize the refunding of all of the Harbor Department's outstanding $100 million of non-AMT Commercial Paper notes with the proceeds of the CP Refunding Revenue Bonds, subject to the parameters set forth in this Resolution; (4) find that the Harbor Department advertised on June 26, 2014 and held a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing by Department staff at 8 AM on July 10, 2014. Pursuant to Section 147(f) of the Internal Revenue Code of 1986, there must be a Public Hearing for the financing or refinancing of Capital Improvement Program (CIP) projects with proceeds from the sale of tax-exempt obligations; (5) appoint the team of underwriting firms, as identified herein from the authorized and Board approved pool of underwriters, for the negotiated sale of the 2014 Revenue Bonds, and Refunding Revenue Bonds; (6) approve the principal financing documents related to the transaction which include the Indenture of Trust, Continuing Disclosure Certificate, Purchase Agreement, and the Preliminary Official Statement; (7) ratify actions taken by officers, employees, and agents of the Harbor Department prior to the date the Resolution becomes final, including but not limited to the publication of the Notice of Intention to Sell, and printing and distribution of the Preliminary Official Statement, consistent with the Board action; (8) adopt Resolution No.____________; and (9) direct the Board Secretary, pursuant to Charter Section 609 and the Bond Procedural Ordinance (LAAC Sections 11.28.1 through 11.28.9) to certify that the Board has adopted the Resolution and, on behalf of the Board, immediately transmit for further processing certified copies of the Resolution and copies of the Board item and all related documents to the Mayor, to the City Administrative Officer, and to the City Council.
J. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Christopher Poplion v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC510703
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