Los Angeles — 2023-01-12

3. Commission Business\na. Mayor Bass Emergency Declaration on Homelessness

5. Communications

7. Recommend Approval of the Reassignment of 50 Unrestricted Private\nAmbulance Vehicle Permits to New Shareholders of EastWestProto, Inc. dba\nLifeline Ambulance Due to Change of Ownership\nACTION ITEM

8. Findings to Continue Teleconference Meetings Pursuant to AB 361 - In\naccordance with AB 361 Section 3(e)(3) that, while the state of emergency due\nto the COVID-19 pandemic, as originally proclaimed by the Governor on March\n4, 2020, remains active and/or state or local officials have imposed or\nrecommended measures to promote social distancing, this legislative body has\nreconsidered the circumstances of the state of emergency and that the state of\nemergency continues to directly impact the ability of the members to meet safely\nBOARD OF TRANSPORTATION\nCOMMISSIONERS AGENDA -3- January 12, 2023\nin person and/or state or local officials continue to impose or recommend\nmeasures to promote social distancing.\nEXECUTIVE SESSION

9. Appeal of Ramon Magana Concerning the Department’s February 9, 2022,\nCancellation of His Application for a New Non-Ambulatory Gurney Driver Permit,\nPursuant to Board Order 600, Rule D(2) – Ambiance Medical Transportation\nADJOURNMENT - PURSUANT TO GOVERNMENT CODE SECTION 54956.7\nAgenda will be posted on the bulletin board located on the 1st floor of City Hall East\n(Main Street Lobby) at least 72 hours prior to a Meeting; agenda can be downloaded\nfrom the Department of Transportation Website http://ladot.lacity.org. *Members of the\npublic are invited to address the Board of Transportation Commissioners on any item\non the agenda prior to action by the Board on that specific item. Members of the public\nwill be given an opportunity to address non-agenda items within this Board’s jurisdiction.\nA total of 10 minutes will be allotted, subject to time limits on individual items, as the\nPresident deems appropriate.\nWritten material supporting agenda items can be reviewed prior to each Board meeting\nat the commission office, 100 S. Main Street, 10th floor, Los Angeles, 90012, between\nthe hours of 8:00 a.m. and 4 p.m.\nFinalization of Commission Actions: In accordance with City Charter, actions that are\nsubject to Section 245 shall become final at the expiration of the next five meeting days\nof the Los Angeles City Council during which the Council has convened in regular\nsession and that if Council asserts jurisdiction during this five meeting day period the\nCouncil has 21 calendar days thereafter in which to act on the matter.\nMatters pending will be carried for a maximum of six months, after which time they will\nbe deemed withdrawn and rescheduled when a new staff report is received.\nAs a covered entity under Title II of the Americans with Disabilities Act, the City of Los\nAngeles does not discriminate on the basis of disability, and upon request, we will\nprovide reasonable accommodation to ensure equal access to its programs, services,\nand activities. To ensure availability, you are advised to make your request at least 72\nhours prior to a meeting you wish to attend. For additional information, please contact\nJasmin San Luis, Acting Commission Executive Assistant, at (213) 972-8448 or TTY\ncall (213) 580-1177.

1. DETERMINATION TO CONTINUE HOLDING MEETINGS VIA TELECONFERENCE\nMotion Required. Pursuant to Government Code Sections 54953(e)(1)(B)-(C), (e)(3)(A), and (e)(3)(B)(i),\na determination that the COVID-19 State of Emergency continues to directly impact the ability of members\nto meet safely in person and possible Commission Action.

3. NEIGHBORHOOD COUNCIL POSITION STATEMENTS ON AGENDA ITEMS\nPresentations by Neighborhood Council representatives on any Neighborhood Council resolution, or\ncommunity impact statement filed with the City Clerk, which relates to any agenda item listed or being\nconsidered on this agenda. The Neighborhood Council representative shall provide the Board or\nCommission with a copy of the Neighborhood Council's resolution or community impact statement by email\nto cpc@lacity.org. At the Chair’s discretion, presentations of Neighborhood Councils on any matter listed\non the agenda for this Commission meeting may be taken at the time the agenda is taken for consideration.\nCity Planning Commission 2 January 12, 2023

5. RECONSIDERATIONS\na. MOTIONS TO RECONSIDER – The Commission may make a motion to reconsider a Commission\nAction on any agenda items from its previous meeting, consistently with the Commission Rule 9.3,\nprovided the Commission retains jurisdiction over the matter.\nb. MERITS OF ANY ITEM THE COMMISSION HAS VOTED TO RECONSIDER – If a majority of the\nCommission has approved a motion to reconsider a Commission Action, the Commission may address\nthe merits of the original Commission Action.

6. CONSENT CALENDAR (NO ITEMS)\nConsent Calendar items are considered to be not controversial and will be treated as one agenda item.\nThe Consent Calendar will be enacted by one motion. There will be no separate discussion of these items\nunless the item is removed from the Consent Calendar, in which event the item will be considered as time\nallows on the regular agenda.

1. DETERMINATION TO CONTINUE HOLDING MEETINGS VIA TELECONFERENCE\nMotion Required. Pursuant to Government Code Sections 54953(e)(1)(B)-(C), (e)(3)(A), and\n(e)(3)(B)(i), a determination that the COVID-19 State of Emergency continues to directly impact\nthe ability of members to meet safely in person and possible Commission Action.

2. DIRECTOR’S REPORT AND COMMISSION BUSINESS\n● Items of Interest\n● Advance Calendar\n● Commission Requests

3. NEIGHBORHOOD COUNCIL POSITION STATEMENTS ON AGENDA ITEMS\nPresentations by Neighborhood Council representatives on any Neighborhood Council resolution,\nor community impact statement filed with the City Clerk, which relates to any agenda item listed\nor being considered on this agenda. The Neighborhood Council representative shall provide the\nBoard or Commission with a copy of the Neighborhood Council's resolution or community impact\nstatement by email to apcsouthvalley@lacity.org. At the Chair’s discretion, presentations of\nNeighborhood Councils on any matter listed on the agenda for this Commission meeting may be\ntaken at the time the agenda is taken for consideration.

5. RECONSIDERATIONS\na. MOTIONS TO RECONSIDER – The Commission may make a motion to reconsider a\nCommission Action on any agenda items from its previous meeting, consistently with the\nCommission Rule 9.3, provided the Commission retains jurisdiction over the matter.\nb. MERITS OF ANY ITEM THE COMMISSION HAS VOTED TO RECONSIDER – If a majority\nof the Commission has approved a motion to reconsider a Commission Action, the\nCommission may address the merits of the original Commission Action.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nLos Angeles Superior Court Case No. BS070017

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nNatural Resources Defense Council, et al. v. City of Los Angeles, et al.\nSan Diego Superior Court Case No. 37-2021-00023385-CU-TT-CTL

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 999 with China\nShipping Holding Company, Ltd.:\nProperty: Berths 100-103, San Pedro\nCity Negotiator: Michael DiBernardo\nTenant Negotiator: Paul Nazzaro\nNegotiating Parties: City and China Shipping Holding Company, Ltd.\nUnder Negotiation: Price and Terms

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\n(Subdivision (d)(2) of Government Code Section 54956.9)\nSignificant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9:\n(one case)

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed permit with\nSan Pedro Fish Market:\nProperty: Berths 93C, D, E, San Pedro\nCity Negotiator: Eugene D. Seroka\nTenant Negotiator: Michael Ungaro\nNegotiating Parties: City and San Pedro Fish Market\nUnder Negotiation: Price and Terms

6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9)\nMary Holman v. City of Los Angeles\nLos Angeles Superior Court Case No. 21STCV02097

1. RESOLUTION NO. ____________ - LEGAL SERVICES AGREEMENT BETWEEN\nTHE CITY OF LOS ANGELES HARBOR DEPARTMENT AND LIEBERT CASSIDY\nWHITMORE FOR EMPLOYMENT MATTERS\nSummary: The Office of the City Attorney (Office) requests approval of an Agreement between\nthe City of Los Angeles Harbor Department (Harbor Department) and Liebert Cassidy Whitmore\n(Liebert) for legal services related to employment matters. The proposed Agreement is for a term\nof three years and maximum compensation of $350,000. The Harbor Department is financially\nresponsible for payment of expenses incurred under the proposed Agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) find in accordance to Charter Section 1022 that the scope of work of the\nproposed Agreement can be more economically and feasibly provided by an independent\ncontractor than by City employees; (3) approve a Legal Services Agreement with Liebert Cassidy\nWhitmore in the amount of $350,000 for a three-year term; (4) authorize the Executive Director\nand Board Secretary to execute and attest to the Agreement; and (5) adopt Resolution\nNo.____________.\nRegular Items (2 & 3)\nCargo & Industrial Real Estate

2. RESOLUTION NO. ____________ - ORDER APPROVING COMPENSATION RESET\nUNDER PERMIT NO. 900 WITH WWL VEHICLE SERVICES AMERICAS, INC.\nSummary: Staff requests approval of the Order resetting compensation under Permit No. 900\n(Permit) between the City of Los Angeles Harbor Department (Harbor Department) and WWL\nVehicle Services Americas, Inc. (WWL). The reset covers the five-year period from January 1,\n2022 through December 31, 2026, and will result in a $6,394,437, or 58.7 percent, increase in\nthe minimum annual guarantee (MAG) from $10,885,563 to $17,280,000 per year, effective\nJanuary 1, 2022. The MAG is subject to annual increases in July per the terms of the Permit,\nbased on increases in the Consumer Price Index (CPI), with a floor of zero.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the Order resetting compensation under Permit No. 900 with\nWWL Vehicle Services Americas, Inc.; (3) authorize the Board Secretary to attest to the Order\nresetting compensation under Permit No. 900; and (4) adopt Resolution No.____________ and\nOrder No.____________.\nCargo & Industrial Real Estate

3. RESOLUTION NO. ____________ - ORDER APPROVING COMPENSATION RESET\nUNDER PERMIT NO. 827 WITH APM TERMINALS PACIFIC, LLC\nSummary: Staff requests approval of the Order resetting compensation under Permit No. 827\n(Permit) between the City of Los Angeles Harbor Department (Harbor Department) and APM\nTerminals Pacific, LLC (APMT). The reset covers the five-year period from August 1, 2022,\nthrough July 31, 2027. As a result of this Order, total annual guaranteed compensation will\nincrease by at least $93.7 million, or 23.4 percent, from $401.1 million over the prior five-year\nperiod to $494.8 million over the next five-year period. Provided below is a summary:\n• Minimum Annual Guarantee (MAG) per acre of the container terminal premises\n(441.74 acres) will increase from $185,000 to $210,000.\n• Annual rent for the intermodal rail facility (40.84 acres) will increase from $2,032,525\nper year as of July 31, 2022, to the following rate schedule:\no August 1, 2022: $2,175,615\no August 1, 2023: $2,175,615\no August 1, 2024: $2,175,615\no August 1, 2025: $2,318,772\no August 1, 2026: $3,220,152\n• Per container charge rate schedule (i.e., TEU rate) reflects a wholesale 7.04 percent\nincrease consistent with the General Rate Increase which took effect August 1, 2022.\nEffective August 1, 2023, the MAG and TEU rates will be subject to annual increases based\nupon changes in the Consumer Price Index (CPI), subject to an annual minimum of 2 percent\nand a maximum of 7 percent.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the Order resetting compensation under Permit No. 827 with\nAPM Terminals Pacific, LLC for the period of August 1, 2022 to July 31, 2027; (3) authorize the\nBoard Secretary to attest to the Order resetting compensation under Permit No. 827; and (4)\nadopt Resolution No.___________ and Order No.____________.

B. Executive Director Remarks

C. Comment from the Public on Non-Agenda Items

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

E. Reports of the Commissioners

F. Board Committee Reports\nNone

H. Presentation\nNone

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Item No. 1\nOffice of the City Attorney

K. Closed Session