Agenda - May 19, 2011
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, MAY 19, 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 Kaylynn L. Kim
Commissioner Robin Kramer
Commissioner Douglas P. Krause
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
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 3)
Business and Trade Development
Transmittal 2
SUMMARY: The Los Angeles Harbor Department (Harbor Department), as the Foreign Trade Zone (FTZ) grantee, establishes General Purpose Operating Agreements with FTZ operators to oversee their FTZ operations. The Harbor Department received a request from California Cartage LLC (California Cartage) to activate their second site within FTZ 202 Site 9A, located at 19700 Van Ness Avenue, Torrance California 90501. This site is approximately 10 miles north from the Port of Los Angeles (Port) and this agreement has no bearing on any lease or other agreements California Cartage has with the City of Los Angeles. California Cartage will be operating their warehouses under FTZ procedures. The Operating Agreement will provide a term of five years with three, five-year renewal options. There is no cost to the Harbor Department if approved.Recommendation: Board resolve to (1) approve the proposed Foreign Trade Zone Operating Agreement between the City of Los Angeles and California Cartage; (2) direct the Board Secretary to transmit the proposed Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles; (3) upon approval by the City Council, authorize the Executive Director to execute and the Board Secretary to attest to the proposed Foreign Trade Zone Operating Agreement; and (4) adopt Resolution No. _________.
Information Technology
Transmittal 3
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is requesting approval to enter into an agreement with Trinus Corporation (Trinus) to provide specialized IT services for construction and engineering-specific computer-based systems. These specialized services will augment Harbor Department staff on an as-needed/on-call basis. No equipment will be purchased from this agreement. The recommendation of Trinus is based on a competitive Request for Proposals (RFP) process performed by the Harbor Department. The term of the proposed agreement is three years at an amount not-to-exceed $600,000.
Trinus is a certified Small Business Enterprise (SBE); therefore one hundred percent of this agreement will apply towards the Harbor Department's SBE objective. Trinus is based in Glendale, California. This is Trinus' first agreement with the Harbor Department.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) approve the agreement with Trinus Corporation for a term of three years at an amount not-to-exceed $600,000; (3) authorize the Executive Director to execute and the Board Secretary to attest to the agreement; and (4) adopt Resolution No. ________.
Commission Office
Transmittal 2
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) requests approval to enter into an agreement with Robert Henry, a registered small local business consultant, to provide specialized training to Harbor Department staff regarding the procedures and processes with respect to the interface between the Harbor Department and other City governmental entities.
In addition, Mr. Henry will provide services and guidance to the Board of Harbor Commissioners on all aspects of their role within the Harbor Department and facilitate their requests for information and services as well as assist them in complying with their Mayoral and Ethics performance guideline requirements and in scheduling various meetings and appointments. Mr. Henry's services will be provided as part of a transition of these services from a consultant to city employees. This one-year agreement shall not exceed $180,000 for fees and expenses.
Recommendation: Board resolve to (1) find that in accordance with City Charter Section 1022, work under the subject Agreement can be performed more feasibly by an independent consultant rather than by City employees; (2) approve the Personal Services Agreement with Robert Henry for consulting services for a period of one year, with a not-to-exceed annual amount of $180,000 for fees and expenses; (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.________.
REGULAR ITEMS (4 - 7)
Finance Division
Transmittal 9
SUMMARY: This proposed Resolution authorizes the issuance of 2011 Refunding Revenue Bonds that will refund all or a portion of the City of Los Angeles Harbor Department's (Department) 2001 Series A and B Bonds (the "2001 Bonds") within ninety days prior to their call date of August 1, 2011 providing that the aggregate refunded bonds would result in a net present value savings of at least three percent. This will be a negotiated sale through Morgan Stanley, De La Rosa & Company, and Siebert Brandford Shank & Company.
Recommendation: Board resolve to (1) authorize the issuance of the City of Los Angeles Harbor Department 2011 Refunding Revenue Bonds (the "Refunding Revenue Bonds"), in one or more series, through negotiated sale, in a combined principal amount not-to-exceed $110,000,000 and with a final maturity no later than August 1, 2025; (2) authorize the current refunding of all or a portion of the Harbor Department's 2001 Series A and B Bonds with the proceeds of the 2011 Refunding Revenue Bonds, subject to the parameters set forth in this Resolution (Transmittal No. 1); (3) appoint the team of underwriting firms consisting of Morgan Stanley, De La Rosa & Company, and Siebert Brandford Shank & Company from the authorized pool of underwriters for the negotiated sale of the 2011 Refunding Revenue Bonds; (4) approve the principal financing documents related to the 2011 Refunding Revenue Bonds, which include the Escrow Agreement (Transmittal No. 2), Indenture of Trust (Transmittal No. 3), Continuing Disclosure Certificate (Transmittal No. 4), Bond Purchase Agreement (Transmittal No. 5), and the Preliminary Official Statement (Transmittal No. 6); (5) find that the Harbor Department advertised on May 4, 2011 and held a TEFRA (Tax Equity and Fiscal Responsibility Act of 1982) Hearing by Harbor Department staff at 8 AM on May 19. See Transmittal No.7; (6) 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 printing and distribution of the Preliminary Official Statement; (7) adopt Resolution No. ____________; and (8) 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.
Executive Offices
SUMMARY: The bylaws of the Port Community Mitigation Foundation (PCMF or Nonprofit) approved by the Board of Harbor Commissioners (Board) along with the Operating Agreement of the TraPac Memorandum of Understanding (Transmittal No. 1) require that the appointment of three of the seven Directors of the PMCF receive concurrence from the Board - the Directors selected by the TraPac Appellants with the (1) University of Southern California (USC) Keck School of Medicine and USC Program for Environmental and Regional Equity, (2) the Los Angeles County of Department of Public Health, and (3) the University of California, Los Angeles (UCLA), Department of Urban Planning. These Directors have been selected by the various entities, and this resolution recommends the Board's concurrence with these selections.
Recommendation: Board resolve to (1) concur with the selection by the TraPac Appellants, the University of Southern California Keck School of Medicine, and the University of Southern California Program for Environmental and Regional Equity of Dr. James L. Sadd as Director E; (2) concur with the selection by the TraPac Appellants and the Los Angeles County Department of Public Health of Dr. Silvia Prieto as Director F; (3) concur with the selection by the TraPac Appellants and the University of California, Los Angeles, Department of Urban Planning of Sean B. Hecht as Director G; and (4) adopt Resolution No. ________.
Goods Movement
Transmittal 2D
SUMMARY: Transportation studies in the specialized and unique ports/goods movement field are an important element of the Goods Movement Division's purview. Studies are needed for a wide variety of activities and purposes including: grant applications; terminal/Port master planning; Caltrans Project Study Report/Report Equivalent traffic studies; specialized studies needed for environmental documents; and critical input/support to external agencies. Neither the Harbor Department nor the other City of Los Angeles departments have the necessary technical staff to perform this work. Consequently, consulting services are needed for many tasks including those that are specialized and require specialty skills. As such, three-year contracts, each in the amount of $180,000 (a combined contract total of $720,000), are requested with the following four firms: Cambridge Systematics, Inc.; DKS Associates; Raju Associates, Inc.; and URS Corporation.
Recommendation: Board resolve to (1) find that in accordance with the City Charter Section 1022, work under the subject contract can be performed more feasibly by an independent contractor rather than by City employees; (2) approve the four on-call consulting services agreements for a term of three years, each in the amount of $180,000 (a combined contract total of $720,000) as follows: (a) Cambridge Systematics, Inc. (Los Angeles, CA); (b) DKS Associates (Santa Ana, CA); (c) Raju Associates, Inc. (Pasadena, CA); & (d) URS Corporation (Santa Ana, CA); (3) authorize the Executive Director to execute and the Board Secretary to attest to said agreements, for and on behalf of the Board; and (4) adopt Resolution No.__________.
Real Estate
Transmittal 5
SUMMARY: The Pacific Maritime Association (PMA) and International Longshore Warehouse Union Local 13 (ILWU) are proposing to develop a new dispatch hall on approximately nine acres of Los Angeles Harbor Department (Harbor Department) property located at Alameda Street and Anaheim Street in Wilmington, as depicted in Transmittal No. 2, (Premises) to replace its current one-acre site (herein referred to as the ILWU Local 13 Dispatch Hall Project or proposed project).
Proposed Permit No. 893 (Permit) would authorize the PMA to: 1) occupy the Premises for a 32-year term at a rate of $1 per year and certain real property rights, as detailed below; 2) construct, at its sole cost, a dispatch hall building of approximately 32,565 square feet, as well as ancillary improvements; and 3) enter into a sublease with the Los Angeles-Long Beach Longshore Joint Port Labor Relations Committee (JPLRC), which is comprised of the PMA and ILWU, concerning operation of the dispatch hall (Sublease).
Further, as additional compensation for the Permit, at the Harbor Department's election, the PMA would be required to either: 1) grant to the Harbor Department, at no cost, the PMA's fee interest in a 1.09-acre site owned by PMA, located on Eubank Avenue in Wilmington, and valued at an estimated $1.04 million; or 2) provide the Harbor Department with access to the PMA's existing dispatch hall located on Broad Avenue in Wilmington to conduct port-related meetings and events at times and dates to be agreed upon by the parties.Staff recommends that the Board of Harbor Commissioners (Board) adopt the Mitigated Negative Declaration (MND) for the ILWU Local 13 Dispatch Hall Project, along with the Comments and Responses to Comments; approve the proposed project described in the MND; make specific findings regarding the mitigated environmental impacts for the proposed project; and adopt a mitigation monitoring and reporting program.
Recommendation: Board resolve to (1) find that, based on the information contained in this report and the MND for the subject project, and with incorporation of revisions to the project and mitigation measures contained in the Initial Study (IS), that the project would not have a significant effect on the environment pursuant to Public Resources Code § 21080 and State CEQA Guidelines § 15070; (2) adopt, pursuant to CEQA Guidelines § 15074, the MND for the ILWU Local 13 Dispatch Hall Project which (a) has been completed in compliance with the CEQA, with the State CEQA Guidelines, and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and the Board reviewed and considered the information contained in the MND and IS prior to approving the project; and (c) reflects the independent judgment and analysis of the Harbor Department as the CEQA Lead Agency; (3) find that all information added to the MND and IS after the public review period, but before adoption, merely clarifies, amplifies, or makes insignificant modifications, and recirculation is not necessary; (4) adopt the Mitigation Monitoring and Reporting Plan (MMRP) contained in the IS as required by Public Resources Code Section 21081.6 and State CEQA Guidelines Section 15074. The MMRP is designed to ensure compliance with the mitigation measures adopted to mitigate or avoid significant effects on the environment, and identifies the responsibilities of the Harbor Department as lead agency and other applicable entities, to monitor and verify project compliance with those mitigation measures and conditions of project approval; (5) in consideration of the MND, together with the comment letters received and the response to comments, approve the ILWU Local 13 Dispatch Hall Project; (6) approve Permit No. 893 and the Sublease; (7) direct the Board Secretary to transmit the Permit to the City Council for approval pursuant to Charter Section 607; (8) authorize the Executive Director to execute and the Board Secretary to attest to Permit No. 893; (9) authorize the Environmental Management Division to file the Notice of Determination (NOD) for the subject project with the Los Angeles City and County Clerks; and (10) adopt Resolution No. _________.
G. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
The United States of America ex rel. State of California ex rel. Stanley D. Mosler v. City of Los Angeles, et al., United States District Court Case No. 02-02278-SJO