Regular Agenda - August 18, 2016
REGULAR MEETING AGENDA
THURSDAY, AUGUST 18, 2016 AT 8:30 A.M.
Board of Harbor Commissioners
President, Ambassador Vilma S. Martinez
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
__________________________________________________________________________________
ORDER OF BUSINESS
OPEN SESSION
Convene in memory of Francis "Lee" Zitko
A. Roll Call
B. Executive Director Remarks
C. Comments from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives
E. Reports of the Commissioners
F. Board Committee Reports
G. Approval of the Minutes
Regular Meeting of August 4, 2016
Special Meeting of August 4, 2016
H. Presentation
2015 Inventory of Air Emissions
I. Level I Coastal Development Permit Report
J. Special Order of the Day - Level II Appealable Coastal Development Permit
Public Hearing
Pursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles' certified Port Master Plan, notice is hereby given to all interested persons and organizations that the Los Angeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior to considering the following for a Coastal Development Permit.
Planning & Strategy
1(b) RESOLUTION NO.____________ - ISSUANCE OF A LEVEL II APPEALABLE COASTAL DEVELOPMENT PERMIT (NO. 16-15) TO DEMOLISH A MARINA AT BERTHS 80-83 AND RELATED BUILDING AT 950 SAMPSON WAY
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II appealable Coastal Development Permit (CDP) No. 16-15 to the City of Los Angeles Harbor Department (Harbor Department) to demolish 92 marina slips at Berths 80-83 and a related building at 950 Sampson Way. Demolition would facilitate the construction of Ports O' Call Promenade and Town Square projects and the eventual redevelopment of the Ports O' Call site by San Pedro Public Market LLC. The Port of Los Angeles (Port) would still have sufficient capacity at its 16 other marinas to meet demand for recreational boating facilities. The estimated cost of the proposed project is approximately $650,000 and the Harbor Department is responsible for the entire cost of the proposed project.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act under Article II, Section 2(i), of the Los Angeles City California Environmental Quality Act Guidelines as determined by the Director of Environmental Management; (2) hold a public hearing for the proposed Coastal Development Permit No. 16-15, a Level II appealable permit; (3) find that the proposed project conforms with the Port of Los Angeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the issuance of Coastal Development Permit No. 16-15, consistent with the project description listed on Application for Port Permit No. 160628-088, and direct the Director of Planning and Strategy to issue said permit; and (5) adopt Resolution No.____________.
K. Board Reports of the Executive Director
Consent Items (2 - 4)
Waterfront & Commercial Real Estate
2. RESOLUTION NO.____________ - APPROVE THIRD AMENDMENT TO PERMIT NO. 825 WITH ISLAND YACHT ANCHORAGE, INC.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a Third Amendment to Permit No. 825 with Island Yacht Anchorage, Inc. (Island Yacht II). Due to the closure of the marina located at Berth 80 operated by Ports O’ Call Restaurant Corporation (POCRC), known as the San Pedro Marina or the Ports O’ Call Marina (POCM), the City of Los Angeles Harbor Department (Harbor Department) proposes to accommodate a displaced liveaboard at another Harbor Department marina. Approval of the Third Amendment to Permit No. 825 will enable Island Yacht II to accommodate one of the liveaboard tenants from POCM.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of the Los Angeles City CEQA Guidelines; (2) approve the Third Amendment to Permit No. 825 with the Island Yacht Anchorage, Inc.; (3) direct the Board Secretary to transmit the Third Amendment to the City Council pursuant to Charter Section 606; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Third Amendment upon approval by City Council; and (5) adopt Resolution No.____________.
Accounting
3. RESOLUTION NO. __________ - RESOLUTION APPOINTING CHIEF ACCOUNTING EMPLOYEE
Recommendation: Board resolve to adopt subject Resolution No.____________.
Commission Office
Recommendation: Board resolve to adopt subject Resolution No.____________.
Regular Items (5 & 6)
Debt & Treasury
5. RESOLUTION NO.____________ - AUTHORIZING THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS TO APPROVE PRINCIPAL FINANCING DOCUMENTS RELATING TO THE ISSUANCE OF THE CITY OF LOS ANGELES HARBOR DEPARTMENT 2016 REFUNDING REVENUE BONDS
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
Transmittal 6
Summary: Staff requests adoption of the Resolution authorizing approval of the principal financing documents in relation to the issuance of 2016 Refunding Revenue Bonds that will refund (i.e. refinance) all or a portion of the City of Los Angeles Harbor Department's 2006 Series A, B, and C Bonds (the "2006ABC Bonds") which currently have an outstanding balance of $119.245 million, as well as advance refunding of all or a portion of the Harbor Department's 2009 Series B Bonds (the "2009B Bonds") which currently have an outstanding balance of $100 million. The 2006ABC Bonds are redeemable beginning August 1, 2016. The 2006ABC Bonds may be currently refunded and the 2009B Bonds may be advance refunded provided that the aggregate refunded bonds would result in a net present value savings of at least three percent (3%) of the outstanding balance (as required by the Department's Debt Policy). On August 4, 2016 the Board of Harbor Commissioners approved the issuance of 2016 Refunding Revenue Bonds to current refund all or a portion of the 2006ABC Bonds and advance refund all or a portion of the 2009B Bonds. On August 4, 2016 the Board of Harbor Commissioners also approved the appointment of three investment banks of RBC Capital Markets LLC, as senior manager, and Citigroup Global Markets Inc., and Loop Capital Markets LLC as the co-managers to this transaction. The 2016 Refunding transaction will not result in additional debt or change the maturity of these bonds, but will replace higher interest debt with lower interest rate debt reducing the future debt service payment obligations for the Harbor Department.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f) of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) approve the principal financing documents related to the 2016 Refunding Revenue Bonds, which include the Resolution, Indenture of Trust, Continuing Disclosure Certificate, Bond Purchase Agreement, the Preliminary Official Statement, the Escrow Agreement, and the Independent Green Bond Certification; (3) this Resolution and approval of the financing documents shall be subject to the City Council oversight pursuant to Section 245 of the Charter, and subject to the City Council approval of the transaction presented to the Board of Harbor Commissioners on August 4th, 2016; and (4) adopt Resolution No.____________.
Construction
6. RESOLUTION NO.____________ - AWARD AND APPROVAL OF CONSTRUCTION CONTRACT CONTRACTOR: KDC, INC. DBA DYNALECTRIC BERTHS 91 - 93 ALTERNATIVE MARITIME POWER (AMP) UPGRADE AND RETROFIT SPECIFICATION NO. 2775
Transmittal 1
Transmittal 2
Transmtital 3
Summary: Staff requests that the Board of Harbor Commissioners (Board) approve the award of this construction contract to KDC, Inc. dba Dynalectric (Dynalectric). The Berths 91-93 Alternative Maritime Power (AMP) Upgrade and Retrofit project (Project) will install new switchgears, transformers, and AMP boxes and plugs at the existing Berths 91 and 93 cruise terminal to provide vessels with different voltages sufficient power to plug into the AMP system. The lowest responsive and responsible bidder is Dynalectric located in Los Alamitos, California. The contract amount, plus a 10% contingency, is $11,773,300. The contract duration is 570 calendar days. The City of Los Angeles Harbor Department (Harbor Department) is financially responsible for payment of expenses under the proposed contract.
Recommendation: Board resolve to (1) find that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II, Section 2(f), and Article III, Class 1(2), of the Los Angeles City CEQA Guidelines as determined by the Director of Environmental Management; (2) find that, in accordance with City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (3) award and approve, Specification No. 2775 for Item Nos. 1 through 15 of the proposal schedule to Dynalectric, in the amount of $10,703,000; that a 10% contingency not included in the original contract amount be applied for a total authorization of $11,773,300; and authorize payment from the Harbor Department Construction Account. The contract time for performance of the work will be 570 calendar days from the Notice to Proceed; (5) authorize the Executive Director to execute and the Board Secretary to attest to this contract for and on behalf of the Board; (5) in accordance with City Charter Section 655 (g), delegate and authorize the Executive Director to adjust final bid quantities and accept the construction contract upon its completion; and (6) adopt Resolution No.____________.
CLOSED SESSION
L. Closed Session Items
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit amendment with Eagle Marine Services, Ltd.:
Property: Pier 300, Terminal Island, CA
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Farid Salem
Negotiating Parties: City and Eagle Marine Services, Ltd.
Under Negotiation: Price and Terms
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to disposal of surplus property by public auction:
Property: I-110 Harbor Freeway and John S. Gibson Boulevard as surplus property (portions of Assessor Parcel Numbers 7400-016-911, 7440-016-907, and 7412- 024-902.
City Negotiators: Jack Hedge, Paul Andre, Surplus property
Under Negotiation: Price and Terms
3. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:
one case.
M. Adjournment