Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comment from the Public on Non-Agenda Items
D. Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
E. Reports of the Commissioners
F. Board Committee Reports
None.
G. Approval of the Minutes
- Regular Meeting of November 18, 2021
- Regular Meeting of December 2, 2021
- Regular Meeting of December 16, 2021
H. Presentation
- Empty Dwell Fee – Eugene D. Seroka, Executive Director for the Port of Los Angeles
I. Level I Coastal Development Permit
None.
J. Board Reports of the Executive Director
Consent Items (1 – 3)
City Attorney
Summary: The Office of the City Attorney (Office) requests approval of the First Amendment to Agreement No. 19-3690 (First Amendment) between the City Los Angeles Harbor Department (Harbor Department) and Kutak Rock LLP (Kutak). The proposed First Amendment increases the maximum compensation authority by $20,000 for a total maximum compensation of $80,000. The authority is necessary to provide bond disclosure services, including the Harbor Department’s annual continuing disclosure and assistance with the Harbor Department’s disclosure obligations related to Alameda Corridor Transportation Authority finance transactions. The Harbor Department is financially responsible for payment for legal services rendered under Agreement No. 19-3690.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) Find in accordance to Charter Section 1022 that the scope of work of the proposed Agreement can be more economically and feasibly provided by an independent contractor than by City employees; (3) Approve the First Amendment to Legal Services Agreement No. 19-3690 with Kutak Rock LLP, to increase the compensation authority by $20,000 for a maximum compensation authority of $80,000; (4) Authorize the Executive Director and Board Secretary to execute and attest to the First Amendment; and (5) Adopt Resolution No. ______________.
Waterfront & Commercial Real Estate
Summary: Staff requests approval of proposed Revocable Permit License for Storage No. 21-15 with the Friends of Banning’s Landing (FOBL) for storage of office equipment and files at the Banning’s Landing Community Center (BLCC) in Wilmington. FOBL operated the BLCC under Agreement 18-3584 (Agreement), effective June 20, 2018 through June 19, 2021. The Agreement was issued for a three-year period but experienced an interruption of business from March 2020 through the end of the term of the Agreement due to the COVID-19 pandemic, as well as the commencement of construction for a community park known as the Wilmington Waterfront Development Project. Since FOBL was unable to fulfil the full term of the Agreement due to restrictions caused by the pandemic, FOBL is requesting a no rent temporary storage agreement for FOBL supplies to remain on site until a new Request for Proposal (RFP) is initiated for the operation of facilities known as BLCC. Additionally, FOBL requests that its responsibility to pay 25 percent of utility charges which had accrued under the now-expired Agreement 18-3584 be waived due to the financial hardship brought on by the pandemic. Approval of this request would result in the City of Los Angeles Harbor Department (Harbor Department) waiving its right to collect $13,770 in utility reimbursements that would have otherwise been due under Agreement 18-3584.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed actions are administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) Approve proposed Revocable Permit License for Storage No. 21-15 with Friends of Banning’s Landing; (3) Waive all utility charges due under Agreement 18-3584; (4) Authorize the Executive Director to execute and the Board Secretary to attest to proposed Revocable Permit License for Storage No. 21-15; and (5) Adopt Resolution No. __________________.
Environmental Management
Summary: Staff requests approval of a proposed Reimbursement Agreement (Agreement) with Cabrillo Way Partners to reimburse the City of Los Angeles Harbor Department (Harbor Department) one hundred percent of staff and consultant costs associated with the preparation of an environmental document for development of the Cabrillo Way Marina at 2293 Miner Street Project (Project). The proposed Agreement is for a term of three years with an estimated amount of $150,000. Cabrillo Way Partners is financially responsible for these expenditures.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the California Environmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) Approve the proposed Reimbursement Agreement with Cabrillo Way Partners to reimburse the City of Los Angeles Harbor Department for preparation of the environmental assessment for the development of Cabrillo Way Marina at 2293 Miner Street for a contract term of three years and for an estimated base amount of $150,000; (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 & 5)
Environmental Management
Summary: Staff requests acceptance and approval of a Cooperative Agreement with the U.S. Environmental Protection Agency (EPA) and approval of a Subrecipient Agreement with Union Pacific Railroad (UP) to replace one existing diesel Tier 0+ switch locomotive with one zero-emission (ZE) switch locomotive that utilizes battery electric technology. When placed into service, the ZE switch locomotive will operate at rail yards in the South Coast Air Basin, including a demonstration at UP’s Intermodal Container Transfer Facility. The City of Los Angeles Harbor Department (Harbor Department) submitted an application requesting $2,025,000 to fund the Zero Emission Switcher Locomotive Project (Project) under the EPA Diesel Emissions Reduction Act (DERA) Fiscal Year (FY) 2021 grant solicitation. The EPA awarded the Harbor Department the full grant award in the amount of $2,025,000. The total Project cost is $4,500,000, which includes the EPA grant and UP’s $2,475,000 cost share. The grant award allocates $5,000 for Harbor Department staff time to manage the grant. The EPA and UP are financially responsible for all project costs. The Harbor Department is financially responsible for staff time in excess of the $5,000 grant award that will be applied towards project management costs.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is administratively and categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) and Article III Class 1(32) of the Los Angeles City CEQA Guidelines; (2) Accept and approve the Cooperative Agreement between the City of Los Angeles Harbor Department and the U.S. Environmental Protection Agency for grant funding of $2,025,000; (3) Approve the Subrecipient Agreement between the City of Los Angeles Harbor Department and Union Pacific Railroad in the amount of $2,020,000 to replace one switch locomotive; (4) Authorize the Executive Director to execute, and the Board Secretary to attest to said Subrecipient Agreement for and on behalf of the Board; and (5) Adopt Resolution No. _______________.
Executive Office
Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4, (Tariff No. 4) amending Section Twenty-Five, “Container Excess Dwell Fee”. Effective on January 30, 2022, a Container Excess Dwell Fee shall be assessed to the ocean common carriers (OCCs) for each discharged container transported under their bill of lading that dwells on a Port terminal beyond a prescribed period depending on the modality of the container. The assessment and collection of this fee shall commence upon notice provided by the Executive Director at a public meeting of the Board. Both the Port, and the Port of Long Beach (POLB) independently pursued initiatives to implement fee structures. Initiatives were developed in coordination with the Biden-Harris Supply Chain Disruptions Task Force, U.S. Department of Transportation and multiple supply chain stakeholders. Under this proposed Tariff No. 4 amendment, the Port will continue to assess a fee for container excess dwell time, payable by OCCs responsible for discharging the specific containers. For containers scheduled to move by truck (local) and by rail (intermodal), OCCs would be charged for every container dwelling nine days or more following vessel discharge of $100 per container, increasing in $100 increments per container per day of excess dwell time beyond the prescribed period. The amount of fees to be generated under the proposed Amendment is currently unknown given the reduction in dwell times observed since the original Temporary Order was initially approved in October 2021. The goal of this initiative is to continue the reduction in dwell time on both intermodal and local containers stored within a Port terminal.
Recommendation: Board resolve to (1) Find that the Director of Environmental Management has determined that the proposed action is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles City CEQA Guidelines; (2) Approve the amendment to Port of Los Angeles Tariff No. 4 adding Section Twenty-Five, “Container Excess Dwell Fee”; subject to the California Association of Port Authorities’ review and approval, and authorize the Executive Director to work with the California Association of Port Authorities to secure this approval or proceed to take independent action in accordance with the California Association of Port Authorities’ procedure; (3) Adopt Temporary Order No. ____ to amend Port of Los Angeles Tariff No. 4 adding Section Twenty-Five, “Container Excess Dwell Fee”; (4) Authorize the Board Secretary to certify the adoption of Temporary Order by the Board of Harbor Commissioners and cause the same to be published once in a newspaper printed and published in the City of Los Angeles, to take effect prior to adoption by Ordinance for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (5) Adopt Resolution No. _________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9
Juan Solorio v. Radames Russell Macias, City of Los Angeles, et al.
Los Angeles Superior Court Case No. 21STCV38128
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. L. A. Terminals, Inc., et al.
Los Angeles Superior Court Case No. NC061591
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9
L.A. Terminals, Inc. v. City of Los Angeles; Occidental Chemical Corporation
United States District Court Case No. 2:18-cv-06754 MWF(RAOx)
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
Los Angeles Superior Court Case No. BS070017
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Natural Resources Defense Council, et al. v. City of Los Angeles, et al.
San Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL
6. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (d)(2) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9:
(one case)
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to Permit 999 with China Shipping Holding Company, Ltd.:
Property: Berths 100-103, San Pedro
City Negotiator: Michael DiBernardo
Tenant Negotiator: Paul Nazzaro
Negotiating Parties: City and China Shipping Holding Company, Ltd.
Under Negotiation: Price and Terms
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed revocable permit with Pacific Maritime Association:
Property: 1751 Navy Way, Terminal Island
City Negotiator: Michael DiBernardo
Tenant Negotiator: Chad Lindsay
Negotiating Parties: City and Pacific Maritime Association
Under Negotiation: Price and Terms
9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to a proposed permit with San Pedro Fish Market:
Property: Berths 93C, D, E, San Pedro
City Negotiator: Eugene D. Seroka
Tenant Negotiator: Michael Ungaro
Negotiating Parties: City and San Pedro Fish Market
Under Negotiation: Price and Terms
L. Adjournment