Los Angeles

Port of LA

September 07, 2023 Item #5

Agenda Item 5

5. RESOLUTION NO. ____________ - APPROVE TEMPORARY ORDER TO AMEND\nPORT OF LOS ANGELES TARIFF NO. 4, SECTION SEVEN “FREE TIME, WHARF\nDEMURRAGE, AND WHARF STORAGE”\nSummary: Staff requests approval of a Temporary Order approving an amendment to Port of\nLos Angeles Tariff No. 4, Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780. Item 720 would be modified to include Saturdays and/or Sundays as part\nof the allowable free time on inbound containerized merchandise, provided the marine terminal\noperator’s truck gates are announced or published as being open for container delivery on those\ndays. Additionally, to deter Port terminal property from being used as a cargo storage facility,\nItem 780 would be modified to add a third demurrage tier for merchandise remaining on terminal\nfor more than 10 days after the expiration of free time. The proposed amendment would become\neffective on October 1, 2023. This Temporary Order is being proposed within the Board of Harbor\nCommissioners’ authority to adopt rates for up to 90 days. A separate action recommends a\nPermanent Order and Ordinance for approval by the Board and City Council, which are required\nto make effective changes to Tariff No. 4 beyond the Temporary Order’s 90-day effective period.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is categorically exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article III Class 1(31) of the Los Angeles\nCity CEQA Guidelines; (2) approve the amendment to Port of Los Angeles Tariff No. 4, modifying\nrates and regulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”,\nItems 720 and 780, subject to the California Association of Port Authorities’ review and approval,\nand authorize the Executive Director to work with the California Association of Port Authorities\nto secure this approval or proceed to take independent action in accordance with the California\nAssociation of Port Authorities’ procedure; (3) adopt Temporary Order No._________ with an\neffective date of October 1, 2023, to amend Port of Los Angeles Tariff No. 4, to modify rates and\nregulations in Section Seven “Free Time, Wharf Demurrage, and Wharf Storage”, Items 720 and\n780; (4) authorize the Board Secretary to certify the adoption of Temporary Order by the Board\nof Harbor Commissioners and cause the same to be published once in a newspaper printed and\npublished in the City of Los Angeles, to take effect on October 1, 2023, for a period not-to-exceed\n90 days pursuant to City Charter Section 653(b), and post the Temporary Order circular to the\nPort of Los Angeles website; and (5) adopt Resolution No.____________.\nCargo Marketing