Los Angeles Board of Harbor Commissioners
Harbor Administration Building
425 S. Palos Verdes Street
San Pedro, California 90731
REGULAR MEETING AGENDA
THURSDAY, MAY 21, 2020 AT 9:00 A.M.
Los Angeles Board of Harbor Commissioners
President Jaime L. Lee
Vice President Edward R. Renwick
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
BOARD OF HARBOR COMMISSIONERS MEETING PROCEDURES FOR COVID-19
The following procedures are in place for the Board of Harbor Commissioners meeting as a precaution against the spread of COVID-19. Procedures may change as the situation changes so please review these procedures posted on the meeting agendas prior to the meeting taking place.
- The Port of Los Angeles Harbor Commission Board Room will NOT be accessible for public observance of the meeting or public comment pursuant to Executive Order N-29-20 issued by Gov. Newsom on March 17, 2020.
- The Board of Harbor Commissioners will participate by teleconference.
- Members of the public can observe the meeting via webcast at www.portoflosangeles.org/commission/agenda-archive-and-videos
- Live Board meetings can also be heard at: (213) 621-2489 (Metro), (818) 904-9450 (Valley), (310) 471-2489 (Westside) and (310) 547-2489 (Harbor).
PLEASE READ THESE INSTRUCTIONS TO PARTICIPATE IN PUBLIC COMMENT
- Written comments or materials may be submitted by emailing commissioners@portla.org. All written comments or materials submitted for this meeting will be provided to the Commissioners and entered in to the official meeting record. Please submit your written comments before 4:00pm on the day before the Board meeting. Please limit your written comment to one page. You may attach materials in addition to your comment to be distributed to the Commissioners.
- Members of the public can provide verbal comment by calling (310) 732-3444. Commission Staff will be available to receive your call and transcribe your comment for this meeting. Your comment will be provided to the Commissioners and entered into the official record. If Commission Staff is not available to receive your comment, please leave a voicemail with your name and your telephone number for a return call. All calls will be verified. Please note that phone call comments regarding Open Session will be accepted up until the Board recesses into Closed Session.
- Due to the limitations of technology, we request that you submit all comments prior to the meeting. Requests to provide comments after the start of the meeting may prove challenging. If you have any questions regarding these temporary meeting procedures, please contact the Harbor Commission Office prior to the meeting at (310) 732-3444.
- Para sumetir su comentario en español, se puede enviar a nuestro correo electrónico: commissioners@portla.org , o puede llamar a nuestra Oficina de Comisionados al (310) 732-3444. Alguien de nuestra oficina estará disponiblepara traducir su comentario en inglés y entregarlo a los Comisionados del Puerto.
ORDER OF BUSINESS
OPEN SESSION
A. Roll Call
B. Executive Director Remarks
C. Comments 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
1. Audit Committee Meeting of May 7, 2020
2. Alameda Corridor Transportation Authority Special Meeting of the Governing Board of May 14, 2020
G. Approval of the Minutes
Regular Meeting of May 7, 2020
H. Presentation
I. Level I Coastal Development Permit
J. Board Reports of the Executive Director
Consent Items (1 – 5)
Engineering
1. RESOLUTION NO. ____________ - PROPOSED RENEWAL OF THE STANDARD OFFER FOR PORT OF LOS ANGELES ALTERNATIVE MARITIME POWER ELECTRIC SERVICE AGREEMENT BETWEEN THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER AND THE LOS ANGELES HARBOR DEPARTMENT
Transmittal 1
Summary: Staff requests approval of the proposed renewal of the Standard Offer of Electric Service Agreement (Agreement). Alternative Maritime Power (AMP) systems allow container ships to be powered by shore-supplied electrical power while at berth. To transfer power via AMP from the vessel generators to the utility supplied source, it is required to connect the ship in parallel to the utility lines. The City of Los Angeles Department of Water and Power (LADWP) considers this arrangement as a customer-owned generator connection and requires the customer to enter an Agreement to purchase power for the AMP systems. This Agreement also allows the application of LADWP’s published AMP rate and is valid for three years from its execution date after which it is required to be renewed every subsequent three years. The current Agreement for container ships will expire on July 12, 2020. The proposed Agreement will provide another three-year term for LADWP to continue allowing AMP connections and applying the AMP rate. While the Harbor Department is financially responsible for paying AMP expenses incurred by its customers, historically 95% - 99% of these AMP expenses are ultimately reimbursed.
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 proposed City of Los Angeles Department of Water and Power (LADWP) Standard Offer for the Port of Los Angeles’ Alternative Maritime Power (AMP) Electric Service Agreement (Agreement) allowing LADWP to service AMP connections and to apply the published AMP rate for an additional three-year term; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and or on behalf of the Board; (4) authorize the Executive Director or designee to on behalf of the Board sign and execute subject Agreement’s future renewals and amendments; (5) authorize the Executive Director or designee to act as the authorized representative for the purpose of adding or removing generation facilities from the subject Agreement as required; and (6) adopt Resolution No.____________.
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 proposed City of Los Angeles Department of Water and Power (LADWP) Standard Offer for the Port of Los Angeles’ Alternative Maritime Power (AMP) Electric Service Agreement (Agreement) allowing LADWP to service AMP connections and to apply the published AMP rate for an additional three-year term; (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreement for and or on behalf of the Board; (4) authorize the Executive Director or designee to on behalf of the Board sign and execute subject Agreement’s future renewals and amendments; (5) authorize the Executive Director or designee to act as the authorized representative for the purpose of adding or removing generation facilities from the subject Agreement as required; and (6) adopt Resolution No.____________.
Cargo & Industrial Real Estate
2. RESOLUTION NO. ____________ - APPROVAL OF JOINT REVOCABLE PERMIT NO. 19-07 AMONG BNSF RAILWAY COMPANY AND THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND PORT OF LONG BEACH AS JOINT OWNERS
Transmittal 1
Transmittal 2
Summary: Staff requests approval of Joint Revocable Permit No. 19-07 among BNSF Railway Company (BNSF) and the City of Los Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB), as joint owners, for the maintenance and operations of a private roadway crossing in the City of Vernon. Joint Revocable Permit No. 19-07 will yield $20,176 in revenue in the first year for the Harbor Department, subject to annual increases based on the Consumer Price Index (CPI-U) thereafter.
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 Section 15301 of the State CEQA Guidelines; (2) find that the proposed action is in the best interest of the City of Los Angeles to deviate from the Leasing Policy requiring a ten percent rate of return with the proposed eight percent rate of return because a third party appraiser engaged by the ports determined that the proposed rate of return is the market rate for properties next to railroads; (3) approve Joint Revocable Permit No. 19-07 among BNSF and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (4) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No.19-07; and (5) adopt Resolution No.____________.
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 Section 15301 of the State CEQA Guidelines; (2) find that the proposed action is in the best interest of the City of Los Angeles to deviate from the Leasing Policy requiring a ten percent rate of return with the proposed eight percent rate of return because a third party appraiser engaged by the ports determined that the proposed rate of return is the market rate for properties next to railroads; (3) approve Joint Revocable Permit No. 19-07 among BNSF and the City of Los Angeles Harbor Department and Port of Long Beach, as joint owners; (4) authorize the Executive Director to execute and the Board Secretary to attest to Joint Revocable Permit No.19-07; and (5) adopt Resolution No.____________.
Labor Relations & Workforce Development
3. RESOLUTION NO. ____________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND THE PACIFIC MARITIME ASSOCIATION ON USE OF PORT CLEANING SOLUTION
Transmittal 1
Summary: Staff requests approval to enter into an agreement (Agreement) with the Pacific Maritime Association (PMA) that will enable the City of Los Angeles Harbor Department (Harbor Department) to provide to PMA a bottled cleaning solution prepared by the Harbor Department for use at marine terminals. The proposed Agreement will cover indemnification of the Harbor Department as it relates to PMA’s use of the cleaning solution. Staff also requests that the Board ratify the agreement as of March 23, 2020, as the Executive Director signed the agreement on that date to expedite the release of the cleaning solution to PMA for use at San Pedro Bay terminals. The Harbor Department will charge PMA for each bottle an amount equal to a cost per bottle determination based on the production of the cleaning solution and the Harbor Department costs to purchase the spray bottles used to bottle the cleaning solution.
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 and ratify the agreement with the Pacific Maritime Association regarding use of Harbor Department produced cleaning solution; (3) authorize the Executive Director/designee to execute and the Board Secretary to attest to the Agreement with an effective date of March 23, 2020; and (4) adopt Resolution No.____________.
Contracts & Purchasing
4. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39919 TO STAPLES, INC. FOR THE PURCHASE OF GENERAL OFFICE SUPPLIES
Transmittal 1
Transmittal 2
Summary: Staff requests approval to award Contract No. 39919 to Staples, Inc. (Staples), headquartered in Framingham, MA, for the purchase of general office supplies. Contract No. 39919 is a one-year contract, with two, one-year renewal options at an annual amount not-to-exceed $250,000. Through this contract, the City of Los Angeles Harbor Department (Harbor Department) will purchase general office supplies required for daily business operations. Contract No. 39919 is the financial responsibility of the Harbor Department.
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 Contract No. 39919 with Staples, Inc. for a term of one-year at an amount not-to-exceed $250,000, with two, one-year renewal options at an annual amount not-to-exceed $250,000; (3) authorize the Executive Director to execute the proposed contract; (4) authorize the Executive Director or designee, in his/her discretion, to exercise two, one-year renewal options at an amount not-to-exceed $250,000 annually, subject to budget authorization in each year; and (5) adopt Resolution No.____________.
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 Contract No. 39919 with Staples, Inc. for a term of one-year at an amount not-to-exceed $250,000, with two, one-year renewal options at an annual amount not-to-exceed $250,000; (3) authorize the Executive Director to execute the proposed contract; (4) authorize the Executive Director or designee, in his/her discretion, to exercise two, one-year renewal options at an amount not-to-exceed $250,000 annually, subject to budget authorization in each year; and (5) adopt Resolution No.____________.
Waterfront & Commercial Real Estate
5. RESOLUTION NO. ____________ - APPROVAL OF ANNUAL BUDGET COVERING FISCAL YEAR 2021 FOR WESTREC MARINA MANAGEMENT, INC. UNDER AGREEMENT NO. 13-3125
Transmittal 1
Summary: Staff requests approval of the annual budget for Fiscal Year (FY) 2021 for operations of Cabrillo Way Marina (CWM) by Westrec Marina Management, Inc. under Agreement No. 13-3125 (Agreement). Westrec’s proposed FY 2021 revenue of $6,527,055 is consistent with a 0.5 percent increase from FY 2020 approved revenues of $6,496,578. During FY 2019, wet slip occupancy increased to 526 from 468 in FY 2018 which implied an occupancy rate of 76.0 percent. Although this increase was less than the 577 projected, the 76.0 percent occupancy rate is consistent with the local market within the Port of Los Angeles marinas, which ranges from 64 – 98 percent occupancy. FY 2021 proposed total expenses of $3,353,687 represent a 9.9 percent decrease from the adjusted FY 2020 approved expenses of $3,721,270 due to a majority of periodic maintenance and repairs being made during FY 2020, including lighting and materials for slip maintenance. FY 2021 proposed net income of $3,173,368 is expected to represent an increase of 14.3 percent, or $398,060, from the adjusted FY 2020 approved net income of $2,775,308. The resulting FY 2021 proposed net profit margin of 48.6 percent represents a 5.9 percent increase relative to the adjusted FY 2020 approved margin of 42.7 percent due to a combination of increased projected revenues and lower projected expenses. With the recent COVID-19 pandemic affecting all marina operators and operations, the City of Los Angeles Harbor Department (Harbor Department) will continue to monitor the situation. If the need arises, staff may make mid-year adjustments to the FY 2021 Westrec budget depending on an evolving situation that may affect budget items that cannot be quantified at this time.
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 Westrec Marina Management, Inc. annual budget for Fiscal Year 2021 under Agreement No. 13-3125; and (3) adopt Resolution No.____________.
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 Westrec Marina Management, Inc. annual budget for Fiscal Year 2021 under Agreement No. 13-3125; and (3) adopt Resolution No.____________.
Regular Items (6 – 9)
Environmental Management
6. RESOLUTION NO. ____________ - FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING NO. 18-3617 AMONG THE CITY OF LOS ANGELES HARBOR DEPARTMENT, THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THE PORT OF LONG BEACH FOR THE FUNDING OF THE EARLY ADOPTER TRUCK INCENTIVE PROGRAM
Transmittal 1
Summary: Staff requests approval of a proposed First Amendment to Memorandum of Understanding No. 18-3617 (MOU) among the City of Los Angeles Harbor Department (Harbor Department), the South Coast Air Quality Management District (SCAQMD), and the Port of Long Beach (POLB) to extend the MOU for an additional two years. The MOU is an agreement among the three parties for SCAQMD to manage the “Early Adopter Program” (Program) to assist truck operators servicing the ports of Los Angeles and Long Beach (Ports) in the purchase of new low-nitrogen oxide (NOx) natural gas drayage trucks. The Harbor Department has funded its $2,000,000 contribution to the Program in 2019 and no additional funds are requested for this action. SCAQMD reports that extra time is needed due to early delays in low-NOx truck deployment, ongoing trucking company internal decision-making regarding future truck investments, and time to complete SCAQMD’s pre-contract award administration activities.
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 Memorandum of Understanding No. 18-3617 among the City of Los Angeles Harbor Department, the South Coast Air Quality Management District, and the Port of Long Beach to extend the termination date to June 15, 2022; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Memorandum of Understanding No. 18-3617 with the South Coast Air Quality Management District and the Port of Long Beach for and on behalf of the Board; and (4) adopt Resolution No.____________.
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 Memorandum of Understanding No. 18-3617 among the City of Los Angeles Harbor Department, the South Coast Air Quality Management District, and the Port of Long Beach to extend the termination date to June 15, 2022; (3) authorize the Executive Director to execute and the Board Secretary to attest to said First Amendment to Memorandum of Understanding No. 18-3617 with the South Coast Air Quality Management District and the Port of Long Beach for and on behalf of the Board; and (4) adopt Resolution No.____________.
Construction
7. RESOLUTION NO. ____________ -
AWARD AND APPROVAL OF CONSTRUCTION CONTRACT
CONTRACTOR: MANSON CONSTRUCTION CO.
2020-2022 MARINE IMPROVEMENTS
SPECIFICATION NO. 2808
Transmittal 1
Transmittal 2
Summary: Staff requests approval of an award of a construction contract (Contract) to Manson Construction Co. (Manson) to construct the 2020-2022 Marine Improvements. The Contract consists of marine construction work and improvements to be performed on an on-call basis. The lowest responsive and responsible bidder is Manson, located in Long Beach, California. The Contract amount of $14,619,700, plus a 10% contingency, is $16,081,670, and the Contract duration is 730 calendar days. Payment of expenses incurred under the Contract is the financial responsibility of the City of Los Angeles Harbor Department (Harbor Department).
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(14) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles 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. 2808 for Item Nos. 1 through 70 of the proposal schedule to Manson for $14,619,700; that a 10% contingency, not included in the original Contract amount, be applied for a total authorization of $16,081,670; and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 730 calendar days from the Notice to Proceed; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) adopt Resolution No.____________.
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(14) of the Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles 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. 2808 for Item Nos. 1 through 70 of the proposal schedule to Manson for $14,619,700; that a 10% contingency, not included in the original Contract amount, be applied for a total authorization of $16,081,670; and authorize payment from the Harbor Department Construction Account. The Contract time for performance of the work shall be 730 calendar days from the Notice to Proceed; (4) authorize the Executive Director to execute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5) delegate and authorize the Executive Director to adjust the final bid quantities and accept the construction Contract upon its completion in accordance with City Charter Section 655 (g); and (6) adopt Resolution No.____________.
Cargo Marketing
8. RESOLUTION NO. ______________ - APPROVE TEMPORARY ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION FOUR, DOCKAGE, ITEM NO. 485 “PASSENGER VESSEL LAY UP RATES”, PROVIDING A RATE FOR LONG-TERM PASSENGER VESSEL DOCKAGE
Transmittal 1
Transmittal 2
Summary: Staff requests approval of a Temporary Order to amend Port of Los Angeles (Port) Tariff No. 4 (Tariff), establishing a new Item 485 - Passenger Vessel Lay Up Dockage Rates (Rates). The proposed Rates would reduce the currently published daily dockage rate by 50 percent, and establish a flat monthly dockage rate of $65,000 for passenger vessels requiring to be laid up. For the reduced daily dockage rate to apply, the Executive Director must approve the Cruise Vessel Operator’s request for an idle passenger vessel docked at a berth for more than 48 hours with no passenger operations, because of an emergency declaration. The monthly dockage rate would allow cruise vessel operators that operate multiple cruise brands to utilize the lay berth intermittently. Monthly dockage berth rates shall be used for a minimum of 25 days in a given month. The reduced dockage rates would be applicable in the event of declared local, state or national emergency. The tariff item would be effective retroactive to May 1, 2020.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Four, Dockage, by adding Item No. 485 “Passenger Vessel Lay Up Rates” and a Notice regarding Item 485 in Item 600 Passenger Fees, 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, Section Four, Item No. 485 “Passenger Vessel Lay Up Rates”; (4) authorize the Board Secretary to certify the adoption of the 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.____________.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Four, Dockage, by adding Item No. 485 “Passenger Vessel Lay Up Rates” and a Notice regarding Item 485 in Item 600 Passenger Fees, 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, Section Four, Item No. 485 “Passenger Vessel Lay Up Rates”; (4) authorize the Board Secretary to certify the adoption of the 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.____________.
Cargo Marketing
9. RESOLUTION NO. ______________ - APPROVE PERMANENT ORDER TO AMEND PORT OF LOS ANGELES TARIFF NO. 4, SECTION FOUR, DOCKAGE, ITEM NO. 485 “PASSENGER VESSEL LAY UP RATES”, PROVIDING A RATE FOR LONG-TERM PASSENGER VESSEL DOCKAGE
Transmittal 1
Transmittal 2
Transmittal 3
Summary: Staff requests approval of a Permanent Order to amend the Port of Los Angeles (Port) Tariff No. 4 (Tariff), establishing a new Item 485 - Passenger Vessel Lay Up Dockage Rates (Rates). The proposed Rates would reduce the currently published daily dockage rate by 50 percent, and establish a flat monthly dockage rate of $65,000 for passenger vessels requiring to be laid up. For the reduced daily dockage rate to apply, the Executive Director must approve the Cruise Vessel Operator’s request for an idle passenger vessel docked at a berth for more than 48 hours with no passenger operations, because of an emergency declaration. The monthly dockage rate would allow cruise vessel operators that operate multiple cruise brands to utilize the lay berth intermittently. Monthly dockage berths rates shall be used for a minimum of 25 days in a given month. The reduced dockage rates would be applicable in the event of a declared local, state or national emergency. The tariff item would be effective retroactive to May 1, 2020.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Four Dockage, by adding Item No. 485 “Passenger Vessel Lay Up Rates”, and a Notice regarding Item 485 in Item 600 Passenger Fees, 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 Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Four, Item No. 485 “Passenger Vessel Lay Up Rates”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting of the Tariff change to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.____________.
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 City of Los Angeles CEQA Guidelines; (2) approve amendments to Port of Los Angeles Tariff No. 4, revising Section Four Dockage, by adding Item No. 485 “Passenger Vessel Lay Up Rates”, and a Notice regarding Item 485 in Item 600 Passenger Fees, 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 Permanent Order No.__________ to amend Port of Los Angeles Tariff No. 4, Section Four, Item No. 485 “Passenger Vessel Lay Up Rates”; (4) direct the Board Secretary to transmit to the City Council for approval the Permanent Order and the Ordinance approving and authorizing the Amendments to Port of Los Angeles Tariff No. 4 pursuant to City Charter 653(a); (5) the Board Secretary shall certify to the adoption of this Order by the Board of Harbor Commissioners and shall cause the same to be published in a daily newspaper printed and published in the City of Los Angeles; (6) after the effective date of the Ordinance, transmit the Permanent Order and Ordinance to the Executive Director or his nominee for implementation and posting of the Tariff change to the Port of Los Angeles website as regulated by the Federal Maritime Commission; and (7) adopt Resolution No.____________.
K. Closed Session
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Harbor Performance Enhancement Center, LLC v. City of Los Angeles,
Los Angeles Superior Court Case No. 19STCP02431
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9)
Harbor Performance Enhancement Center, LLC v. City of Los Angeles Harbor Department, et al., United States District Court Case No. 2:20-cv-03251
3. 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
4. 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
5. 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)
6. 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)
L. Adjournment