Harbor Commission

 

 

President Jaime L. Lee

Vice President Edward R. Renwick

Commissioner Diane L. Middleton

Commissioner Lucia Moreno-Linares

Commissioner Anthony Pirozzi, Jr. 

 

 

 

 

 

 

 

 

D. Report from the Neighborhood Council Representatives – An opportunity for Neighborhood Council representatives to provide remarks on Neighborhood Council Resolutions or Community Impact Statements filed with the City Clerk which relate to any agenda item listed or being considered on this agenda for the Board of Harbor Commissioners.

 

 

 

 

 

• Alameda Corridor Transportation Authority Governing Board Meeting of September 15, 2022

 

 

 

• Regular Meeting of September 22, 2022

 

 

 

• 2021 Emissions Inventory – Chris Cannon, Environmental Management

 

*The 2021 Emissions Inventory report and supplemental documents can be viewed at portofla.org/emissions-inventory 

 

 

 

None

 

 

 

 

 

 

 

 

Summary: Staff requests approval of a fourth Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4, (Tariff No. 4) amending Section Twenty-Five, “Container Excess Dwell Fee”.  A Container Excess Dwell Fee will 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 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 have the authority 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. The first and second Temporary Orders expired on April 29, 2022 and July 28, 2022, respectively, and the third Temporary Order is set to expire on October 26, 2022; therefore, a fourth Temporary Order is required to continue consideration of the dwell fee.

 

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) Adopt Temporary Order No.________ to amend Port of Los Angeles Tariff No. 4 adding Section Twenty-Five, “Container Excess Dwell Fee”; (3) Authorize the Board Secretary to certify the adoption of a 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 (4) Adopt Resolution No._________ .

 

 

 

 

 

Summary: Staff requests approval of a second Temporary Order to amend Port of Los Angeles Tariff No. 4 (Tariff No. 4), effective August 1, 2022, which would implement a 7.1 percent  General Rates increase (GRI), applicable to Tariff No. 4 rated tariff items, excluding rated tariff items that currently have a scheduled rate increase. This second Temporary Order is being proposed within the Board of Harbor Commissioners’ (Board) authority to adopt rates for up to 90 days. At the April 28, 2022 Board meeting, the Board approved Temporary and Permanent Orders amending various sections of Tariff No. 4 increasing rated tariff items. Changes in the Tariff require City Council approval. The City Council has not calendared and approved the Permanent Order and Ordinance. The first Temporary Order will expire on October 29, 2022; therefore, a second Temporary Order is proposed to allow additional time for the Permanent Order to pass through the City Council approval process. This second Temporary Order, if approved, will expire in 90 days after the day it is published or upon execution of the Permanent Order by the City Council, whichever occurs first.  

 

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) Adopt a second Temporary Order No. with an effective date of October 30, 2022, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section Four “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801; Section Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office Space, etc. In Transit Sheds and on Wharves and Wharf Premises””, Item 1100; Section Twelve “Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530; Section Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section Nineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (3) Authorize the Board Secretary to certify the adoption of a second 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 on October 30, 2022, for a period not-to-exceed 90 days pursuant to City Charter Section 653(b); and (4) Adopt Resolution No._________ .

 

 

 

 

 

Summary: Staff requests approval of the proposed one-year Agreement (Agreement) with Ocean Blue Environmental Services, Inc. (Ocean Blue) to provide as-needed emergency response and hazardous waste management services for the City of Los Angeles Harbor Department (Harbor Department) including support of Port Police, Construction and Maintenance (C&M), and Real Estate Division (RED) activities at the Port of Los Angeles (Port). Approval of this action will authorize a total not-to-exceed amount of $2,000,000 to be incurred over a one-year period under the proposed Agreement. The Harbor Department will be financially responsible for payment of expenses incurred under the proposed Agreement.

 

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 that in accordance with the City Charter Section 1022, work under the subject Agreement can be performed more feasibly by independent consultants than by City of Los Angeles employees; (3) Approve the Agreement with Ocean Blue Environmental Services, Inc. (Long Beach, CA) for a term of one year for the total not-to-exceed amount of $2,000,000; (4) 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.__________.

 

 

 

 

 

Summary: Staff requests approval of the proposed First Amendment to the San Pedro Public Market, LLC (SPPM) Reimbursement Agreement No. 19-3706 (Agreement) 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 assessment for proposed modifications associated with the West Harbor (formerly known as San Pedro Public Market) Modification Project. The proposed First Amendment would extend the duration of the existing Agreement by an additional two years, for a term of five years. No other modifications are proposed. SPPM 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 requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) Approve the First Amendment to the San Pedro Public Market, LLC Reimbursement Agreement No. 19-3706; (3) Direct the Board Secretary to transmit said Agreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (4) Authorize the Executive Director to execute and the Board Secretary to attest to, said Amendment to Agreement for and on behalf of the Board; and (5) Adopt Resolution No. _______________.

 

 

 

1. 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

 

2. 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

 

3. 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

 

 

4. 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)

 

 

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

 

Provide instructions to its real estate negotiators with respect to Permit 827 with APM Terminals Pacific, LLC:

 

Property: 2500 Navy Way, San Pedro

 

City Negotiators: Michael DiBernardo/Marisa Katnich

 

Tenant Negotiator: Jon Poelma

 

Negotiating Parties: City and APM Terminals Pacific LLC

 

Under Negotiation: Price and Terms

 

 

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

 

Provide instructions to its real estate negotiators with respect to a Memorandum of Understanding with the City of Los Angeles Department of General Services on behalf of the Los Angeles Fire Department: 

 

Property: 330 Ferry Street, Terminal Island

400 Yacht Street, Wilmington

2945 Miner Street, San Pedro

1444 South Seaside Avenue, Terminal Island

444 South Harbor Blvd., San Pedro

 

City Negotiator: Marisa Katnich

 

Tenant Negotiator: Amy Benson 

 

Negotiating Parties: City and Department of General Services 

 

Under Negotiation: Price and Terms

 

 

7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

 

Provide instructions to its real estate negotiators with respect to Permit 733 with Fenix Marine Services, Ltd.:

 

Property: 614 Terminal Way, San Pedro

 

City Negotiator: Marisa Katnich

 

Tenant Negotiator: Steven Trombley

 

Negotiating Parties: City and Fenix Marine Services, 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 permit with Yusen Terminals LLC:

 

Property: 701 New Dock Street, Terminal Island

 

City Negotiators: Michael DiBernardo/Marisa Katnich

 

Tenant Negotiator: Alan McCorkle

 

Negotiating Parties: City and Yusen Terminals LLC

 

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 Permit 900 with WWL Vehicle Services Americas, Inc.:

 

Property: 500 E. Water Street, Wilmington

 

City Negotiator: Marisa Katnich

 

Tenant Negotiator: Peter Bresnee

 

Negotiating Parties: City and WWL Vehicle Services Americas, Inc.

 

Under Negotiation: Price and Terms

 

 

 

10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

 

Provide instructions to its real estate negotiators with respect to proposed permits with Pasha Stevedoring & Terminals:

 

Property: Berths 174-181, Wilmington

Berths 206-209, Terminal Island

 

City Negotiator: Marisa Katnich

 

Tenant Negotiator: Jay Bowden

 

Negotiating Parties: City and Pasha Stevedoring & Terminals

 

Under Negotiation: Price and Terms

 

 

11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

 

Provide instructions to its real estate negotiators with respect to Lease 915 with San Pedro Public Market LLC:

 

Property: Berths 74-83, San Pedro

 

City Negotiator: Michael Galvin

 

Tenant Negotiator: Eric Johnson

 

Negotiating Parties: City and San Pedro Public Market LLC

 

Under Negotiation: Price and Terms

 

 

12. 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