Los Angeles — 2023-02-09
Board of Transportation Commissioners
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1. Welcome
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3. Commission Business
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5. Communications
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7. Recommend Approval of the Application of Wild Paw LLC dba Coach\nTransportation for Three Unrestricted Non-Ambulatory Passenger Vehicle\nPermits\nACTION ITEM
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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\nin person and/or state or local officials continue to impose or recommend\nmeasures to promote social distancing.\nBOARD OF TRANSPORTATION\nCOMMISSIONERS AGENDA -3- February 9, 2023
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9. Increase Parking Rates and Extend Hours for Municipal Parking Lot No. 753 in\nthe Downtown Los Angeles Little Tokyo Area\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.
Cannabis Regulation Commission
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2. FINDINGS TO CONTINUE TELECONFERENCE MEETINGS PURSUANT TO AB 361; AND\nPOSSIBLE COMMISSION ACTION\nDetermination in accordance with AB 361 Section 3(e)(3) that, while the state of emergency due to the\nCOVID-19 pandemic, as originally proclaimed by the Governor on March 4, 2020, remains active\nand/or state or local officials have imposed or recommended measures to promote social distancing,\nthis legislative body has reconsidered the circumstances of the state of emergency and that the state\nof emergency continues to directly impact the ability of the members to meet safely in person and/or\nstate or local officials continue to impose or recommend measures to promote social distancing.
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3. REPORT ON THE LICENSING PROGRAM\nReport from the Department on current and future licensing procedures, such as summarizing current\nlicensing numbers related to pending applications, number of licenses issued, pending records and\nenvironmental projects, and recent recommendations by the Department included in a report, dated\nFebruary 3, 2023, to the Los Angeles City Council (City Council) relative to providing additional\ninformation and proposed ordinance language for amendments to Article 4, Chapter X of the Los\nAngeles Municipal Code currently pending before the City Council under Council File no. 21-1083-S1.
City Planning Commission
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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.
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10. CPC-2021-8442-CU-DB-SPR-HCA Council District: 10 – Hutt\nCEQA: ENV-2008-1781-EIR; ENV-2021-8443-EAF **Last Day to Act: 02-09-23\nPlan Area: South Los Angeles\nPUBLIC HEARING – Completed November 30, 2022\nPROJECT SITE: 2201 – 2231 South Western Avenue; 2003 – 2029 24th Street\nPROPOSED PROJECT:\nDemolition of vacant land and an existing surface parking lot with 61 parking spaces for the adjacent\nresidential building, and the development of an eight-story, 89-foot and 11-inches tall mixed-use residential\nbuilding composed of 364 dwelling units (including 38 Very Low Income units) and a 70,220 square feet\ntwo-story commercial space fronting Western Avenue. The Project will be approximately 325,302 square\nfeet in floor area with a Floor Area Ratio of 3.25:1 on a site totaling 2.29 acres. The Project will provide 309\nresidential parking spaces (including 61 replacement parking spaces for 2231 South Western Avenue) and\n205 commercial parking spaces in one subterranean level and four above grade parking levels. The Project\nwill provide 202 long-term bicycle parking spaces and 52 short-term bicycle parking spaces. The Project\nalso includes a total of 33,528 square feet of open space, including 8,502 square feet of landscaped area.\nThe Project will also involve the grading of approximately 35,055 cubic yards of soil.\nREQUESTED ACTIONS:\n1. Pursuant to CEQA Guidelines Sections 15168 and 15162, the adequacy of the project being within\nthe scope of the South Los Angeles Community Plan Program EIR No. 2008-1781-EIR, SCH No.\n2008101098; the environmental effects of the Project were covered in the Program EIR and no new\nenvironmental effects not identified in the Program EIR will occur and no new mitigation is required;\nand the City has incorporated all feasible mitigation measures from the Program EIR on the Project;\n2. Pursuant to Section 12.22 A.25 of the Los Angeles Municipal Code (LAMC), a Density Bonus\nCompliance Review for a Housing Development Project totaling 364 dwelling units and setting aside\n15 percent of the base density (38 units) as Very Low Income Restricted Affordable Units for a period\nof 55 years, with the following requested On and Off-Menu Incentives and Waivers of Development\nStandards:\na. An On-Menu Incentive to allow a 12 percent reduction in the required open space, to allow 33,528\nsquare feet in lieu of the required 38,100 square feet;\nb. An Off-Menu Incentive to allow a Floor Area Ratio (FAR) of up to 3.25:1 in lieu of 1.5:1;\nc. An Off-Menu Incentive to allow a transitional height of 88'-4" height in lieu of 33 feet height on 24th\nStreet;\nd. A Waiver of Development Standard for yard reduction, allowing a five-foot front yard setback in\nlieu of 15 feet;\ne. A Waiver of Development Standard for yard reduction, allowing a five-foot side yard setback in lieu\nof 11 feet;\nf. A Waiver of Development Standard for yard reduction, allowing a five-foot rear yard setback; and\ng. A Waiver of Development Standard for the temporary removal of 61 surface parking spaces\ncovenanted for the existing residential units on-site and allow replacement of 61 parking spaces\nin the mixed-use residential building;\n3. Pursuant to LAMC Section 12.24 U.26, a Conditional Use Permit for a 45 percent increase in density\nover the Project site; and\n4. Pursuant to LAMC Section 16.05, a Site Plan Review for a development project resulting in an increase\nin 50 dwelling units and for the addition of over 50,000 square feet of non-residential floor area.\nApplicant: 2231 Western (LA), LLC\nRepresentative: Michael Gonzales, Gonzales Law Group APC\nStaff: Helen Jadali, City Planning Associate\nhelen.jadali@lacity.org\n(213) 978-1339\nCity Planning Commission 7 February 9, 2023
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11. DIR-2022-4433-TOC-SPR-HCA-1A Council District: 10 – Hutt\nCEQA: ENV-2022-4434-CE **Last Day to Act: 02-13-23\nPlan Area: Wilshire\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 956 – 966 South Vermont Avenue\nPROPOSED PROJECT:\nDemolition of two existing two-story commercial buildings for the construction, use, and maintenance of a\nnew six-story approximately 89 feet high mixed-use building with 90 residential units, including nine units\nreserved for Extremely Low Income households, above approximately 2,915 square feet of commercial\nspace on the ground floor. The Project proposes to provide 85 vehicle parking spaces in two subterranean\nlevels and a portion of the ground floor.\nAPPEALS:\nA partial appeal of the November 14, 2022, Director of Planning's determination which:\n1. Determined, that based on the whole of the administrative record, that the Project is exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 19, Section 15332,\nClass 32, and there is no substantial evidence demonstrating that an exception to a categorical\nexemption pursuant to CEQA Guidelines Section 15300.2 applies;\n2. Approved with Conditions, pursuant to Section 12.22 A.31 of the Los Angeles Municipal Code (LAMC),\na 65 percent increase in density, consistent with the provisions of the Transit Oriented Communities\n(TOC) Affordable Housing Incentive Program along with the following two incentives for a qualifying\nTier 3 project totaling 90 dwelling units, reserving a minimum of nine units for Extremely Low Income\n(ELI) Household occupancy for a period of 55 years:\na. Yards/Setbacks. Utilization of the side yard setback requirements of the RAS3 Zone for a project\nin a commercial zone; and\nb. Open Space. A maximum reduction of 25 percent in the required amount of open space;\n3 Approved, pursuant to LAMC Section 16.05, a Site Plan Review for a development creating 50 or\nmore residential dwelling units; and\n4. Adopted the Conditions of Approval and Findings.\nApplicant: Teh Jing Wang\nRepresentative: Gary Benjamin, Alchemy Planning + Land Use\nAppellant: Supporters Alliance for Environmental Responsibility (SAFER)\nRepresentative: Richard Drury, Lozeau Drury LLP\nStaff: More Song, City Planner\nmore.song@lacity.org\n(213) 978-1319
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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 February 9, 2023
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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.
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6. CONSENT CALENDAR (6a)\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.\n6a. CPC-2021-9506-CPIO-SP-SPR-WDI Council District: 10 – Hutt\nCEQA: ENV-2021-9507-EIR; SCH. No. 2021110079 **Last Day to Act: 02-18-23\nPlan Area: West Adams - Baldwin Hills - Leimert\nPUBLIC HEARING – Completed December 15, 2022\nPROJECT SITE: 8876, 8884, 8886, 8888 West Venice Boulevard;\n8829 West National Boulevard\nPROPOSED PROJECT:\nDevelopment of an integrated creative office complex within the City of Los Angeles and the City of Culver\nCity. On the Los Angeles portion of the site, the Project proposes construction of a five-story, 369,000\nsquare-foot office building measuring 75 feet in height to the top of the roof, with a three-level subterranean\ngarage. Existing on-site improvements would be demolished to allow for construction of the\nProject. The Applicant further proposes a four-story, 167,000 square foot office building located within\nCulver City. This is outside of the City of Los Angeles and is not before the Los Angeles City Planning\nCommission.\nREQUESTED ACTIONS:\n1. Pursuant to CEQA Guidelines Section 15096(e) and (f), consider and determine the adequacy of the\npreviously certified Environmental Impact Report (EIR), Case No. ENV-2021-9507-EIR (State\nClearinghouse (SCH. No. 2021110079), for the above-referenced project, certified by the City of\nCulver City on December 5, 2022;\n2. Pursuant to CEQA Guidelines Section 15096(g), the adoption of the proposed Mitigation Measures\nand Mitigation Monitoring Program;\n3. Pursuant to CEQA Guidelines Section 15091, the adoption of the required Findings;\n4. Pursuant to CEQA Guidelines Sections 15096(h) and 15093, adoption of the Statement of Overriding\nConsiderations setting forth the reason and benefits of approving the Project with full knowledge that\nsignificant impacts may remain;\nCity Planning Commission 3 February 9, 2023\n5. Pursuant to Section 11.5.7 of the Los Angeles Municipal Code (LAMC), an Amendment to the West\nAdams – Baldwin Hills – Leimert Community Plan Implementation Overlay (CPIO) to modify the\ndevelopment regulations for Parcel Group A within the Venice/National Transit-Oriented Development\n(TOD) subarea;\n6. Pursuant to LAMC Section 11.5.7, an Amendment to the Exposition Corridor Transit Neighborhood\nPlan (TNP) to remove the Project Site from the plan area boundaries;
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7. Pursuant to LAMC Section 16.05, a Site Plan Review for a development that results in an increase of\nover 50,000 square feet of nonresidential floor area; and
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8. Pursuant to LAMC Section 12.37 I, a Waiver of Dedication and Improvements along National\nBoulevard to provide a six-foot sidewalk easement in lieu of the 15-foot dedication otherwise required.\nApplicant: Melissa Schild, Culver Crossings Properties, LLC\nRepresentative: Matt Dzurec, Armbruster Goldsmith and Delvac LLP\nStaff: Bob Babajian, Planning Assistant\nbob.babajian@lacity.org\n(213) 978-1305\n7. ZA-2021-6672-CU-CCMP-DB-HCA-1A Council District: 1 – Hernandez\nCEQA: ENV-2021-6673-CE **Last Day to Act: 02-09-23\nPlan Area: South Los Angeles Continued from: 12-08-22\n12-15-22\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 2323 South Scarff Avenue\nPROPOSED PROJECT:\nConstruction, maintenance, and use of a 10-unit apartment building totaling four stories in height,\nconsisting of three residential levels over on-grade parking. The proposed building will have a Floor Area\nRatio (FAR) of 2.37:1; 20,996 square feet of floor area, and a maximum height of 40 feet six inches. One\nunit, or 10 percent of the unit total, will be set aside for Very Low Income households.\nAPPEAL:\nAn appeal of the August 25, 2022, Zoning Administrator’s determination which:\n1. Determined, based on the whole of the administrative record, that the Project is exempt from CEQA\npursuant to the State CEQA Guidelines, Article 19, Section 15332, Class 32; and there is no\nsubstantial evidence demonstrating that an exception to a Categorical Exemption pursuant to CEQA\nGuidelines, Section 15300.2 applies;\n2. Approved, pursuant to Section 12.22 A.25(c) of the Los Angeles Municipal Code (LAMC), a Density\nBonus for the construction, use and maintenance of a 20,996 square-foot, 10-unit residential\napartment building, including one unit for a Very Low Income Household, and measuring 40 feet, six\ninches in height and providing 18 parking spaces on the ground level, on a vacant Non-Contributing\nLot;\n3. Approved, pursuant to LAMC Section 12.24 W.52, a Conditional Use for the construction, use and\nmaintenance of a 20,996 square-foot, 10-unit residential apartment building including one unit for a\nVery Low Income Household, and measuring 40 feet, six inches in height and providing 18 parking\nspaces on the ground level, on a vacant Non-Contributing Lot, within a Neighborhood Stabilization\nOverlay area;\n4. Approved, pursuant to LAMC Section 12.20.3.L, a Certificate of Compatibility for the construction, use\nand maintenance of a 20,996 square-foot, 10-unit residential apartment building, including one unit for\na Very Low Income Household, and measuring 40 feet, six inches in height and providing 18 parking\nspaces on the ground level, on a vacant Non-Contributing Lot within the University Park Historic\nPreservation Overlay Zone (HPOZ);\n5. Determined, pursuant to LAMC Section 12.20.3 C, that the Project is not subject to street dedication\nand/or improvement requirements as set forth under LAMC Sections 12.37 A-C and 17.05, provided\nCity Planning Commission 4 February 9, 2023\nthat the existing sidewalk(s) is in compliance with the accessibility guidelines adopted to comply with\nTitle II of the Americans with Disabilities Act; and\n6. Adopted the Conditions of Approval and Findings.\nApplicant: Henry Fan, Charles Kim, Patrick Jen, Orion Capital, LLC\nAppellant: West Adams Heritage Association (WAHA)\nRepresentatives: Gary Kousnetz, Jean Frost (WAHA), Jim Childs (ADHOC)\nStaff: Rafael Fontes, Planning Assistant\nrafael.fontes@lacity.org\n(213) 978-1179\nTheodore L. Irving, Associate Zoning Administrator\n8. DIR-2021-643-TOC-HCA-1A Council District: 1 – Hernandez\nCEQA: ENV-2021-644-CE **Last Day to Act: 02-09-23\nPlan Area: Westlake Continued from: 12-08-22\n12-15-22\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 1537, 1539, 1541, 1543 West Cambria Street\nPROPOSED PROJECT:\nDemolition of an existing six-unit, multi-family residence for the construction, use, and maintenance of a\n43-unit residential apartment building that is six stories, 73 feet 10 inches in height, and contains 33,695\nsquare feet of floor area and a 5.6:1 Floor Area Ratio (FAR). Five of the units will be for Extremely Low\nIncome households. The Project will provide 22 vehicle parking spaces, 36 long-term bicycle parking\nspaces, and four short-term bicycle parking spaces. The Project includes a Transit Oriented Communities\nAffordable Housing Incentive Program for a Tier 3 project with base and additional incentives.\nAPPEALS:\nTwo appeals of the September 20, 2022, Director of Planning's determination which:\n1. Determined, based on the whole of the administrative record, that the Project is exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15332, Class 32,\nand there is no substantial evidence demonstrating that an exception to a categorical exemption\npursuant to CEQA Guidelines Section 15300.2 applies;\n2. Approved, pursuant to Section 12.22 A.31 of the Los Angeles Municipal Code (LAMC), a Transit\nOriented Communities (TOC) Affordable Housing Incentive Program for a qualifying Tier 3 Project\ntotaling 43 dwelling units, reserving five units for Extremely Low Income household occupancy,\noccupancy for a period of 55 years, with the following three additional incentives:\na. Side Yard Setbacks. Allow two side yard setbacks of six feet 3.5 inches in lieu of nine feet as\notherwise required by LAMC Section 12.11 C.2;\nb. Rear Yard Setback. Allow a rear yard setback of 12 feet 7.2 inches in lieu of 18 feet as otherwise\nrequired by LAMC Section11 C.3; and\nc. Open Space. A 25 percent reduction in Open Space to allow 3,487.5 square feet in lieu of the\n4,550 square feet otherwise required by LAMC Section 12.21 G.2;\n3. Approved, pursuant to LAMC Section 12.37 I, a Waiver of Improvements to retain an existing non-\nstandard alley along the rear, northern property line; and\n4. Adopted the Conditions of Approval and Findings.\nApplicant: Shahram Saba, Shahco Inc.\nRepresentative: Shahla Salah, New Real Estate Market\nCity Planning Commission 5 February 9, 2023\nAppellants: Alma Myllyla\nPilar Pugh\nStaff: Marie Pichay, Planning Assistant\nmarie.pichay@lacity.org\n(213) 978-1470
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9. DIR-2018-4190-TOC-SPR-1A Council District: 1 – Hernandez\nCEQA: ENV-2018-4189-CE **Last Day to Act: 02-09-23\nPlan Area: Northeast Los Angeles Continued from: 12-15-22\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 3800 – 3830 North Pasadena Avenue;\n3832 – 3836 North Figueroa Street; 110 East Avenue 39\nPROPOSED PROJECT:\nDemolition of existing structures and the construction, use, and maintenance of a new, seven-story mixed-\nuse building with 100 dwelling units, including 10 dwelling units set aside for Extremely Low Income\nHouseholds and 14,734 square feet of ground floor commercial space within 13 commercial condominium\nunits. The Project includes commercial, residential and parking on the ground floor. The Project will provide\na total of 114 automobile parking spaces, 16 short-term and 210 long-term bicycle parking spaces.\nAPPEALS:\nTwo appeals of the September 15, 2022, Director of Planning's determination which:\n1. Determined, that based on the whole of the administrative record, that the Project is exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 19, Section 15332,\nClass 32, and there is no substantial evidence demonstrating that an exception to a categorical\nexemption pursuant to CEQA Guidelines Section 15300.2 applies;\n2. Approved, pursuant to Section 12.22 A.31 of the Los Angeles Municipal Code (LAMC), a 70 percent\nincrease in density consistent with the provisions of the Transit Oriented Communities Affordable\nHousing Incentive Program along with the following one Additional Incentive for a Tier 3 project with\na total 100 dwelling units and 13 commercial condominium units, including 10 units reserved for\nExtremely Low Income (ELI) Household occupancy for a period of 55 years:\na. Height. To permit a maximum of two additional stories up to an additional 22 feet;\n3. Conditionally Approved, pursuant to LAMC Section 16.05, a Site Plan Review for the construction, use\nand maintenance of a new, seven-story, 150,501 square foot mixed-use building with 100 dwelling\nunits, and 14,734 square feet of commercial space within 13 commercial condominium units in the\n[T][Q]RAS3-1VL Zone; and\n4. Adopted the Conditions of Approval and Findings.\nApplicant: Michael Naim, Naim Associates, Architecture & Development\nRepresentative: Harvey Goodman C.E.\nAppellants: Derek Ryder, Arroyo Seco Alliance\nSaul Ramirez, Jr., Ramirez Family\nStaff: Michelle Carter, City Planner\nmichelle.carter@lacity.org\n(213) 978-1262\nCity Planning Commission 6 February 9, 2023
Port of LA
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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
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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
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3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 999\nwith China Shipping 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
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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(two cases)
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5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 718 with\nCrowley Marine Services, Inc.:\nProperty: Berth 86, San Pedro\nCity Negotiator: Michael Galvin\nTenant Negotiator: Faith Rautter\nNegotiating Parties: City and Crowley Marine Services, Inc.\nUnder Negotiation: Price and Terms
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6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 882 with\nMillennium Maritime, Inc.:\nProperty: Berth 301, Terminal Island\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Matt Godden\nNegotiating Parties: City and Millennium Maritime, Inc.\nUnder Negotiation: Price and Terms
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7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed permit\nwith San 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
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1. RESOLUTION NO. ____________ - APPROVE REVOCABLE LICENSE NO.\n2022-10 WITH FENIX MARINE SERVICES, LTD. AND CENTER FOR\nTRANSPORTATION AND THE ENVIRONMENT, INC.\nSummary: Staff requests approval of Revocable License No. 2022-10 (License) with\nFenix Marine Services, Ltd. (Fenix) and its contractor, Center for Transportation and the\nEnvironment, Inc. (CTE), to use and access the backland area of Berth 301 for a duration\nof up to 24 months, to test a zero-emission hybrid hydrogen fuel cell/battery electric top\nhandler. License No. 2022-10 serves as the successor entitlement to Temporary Entry\nand Use Permit Nos. 1784 and 1835 (TEUPs), approved by the Board of Harbor\nCommissioners on January 14, 2021 and January 27, 2022, respectively, which expire\non February 17, 2023. Since these TEUPs were executed, the process utilized for short-\nterm revocable entitlement rights has been improved and updated, and the appropriate\nentitlement for this activity is now a Revocable License. Apart from providing extra time,\nthe material terms of Revocable License No. 2022-10 are identical in substance to the\nTEUPs. Additional time is required due to shipping delays of the top handler and a lack\nof hydrogen fuel supply. As noted in the staff report for the January 2022 Board action,\nthe planned demonstration project is funded under a grant from the California Air\nResources Board (CARB). The proposed successor License No. 2022-10 provides Fenix\nand CTE the necessary real estate entitlement to continue to undertake the\ndemonstration project.\nRecommendation: Board resolve to (1) find that the Director of Environmental\nManagement has determined that the proposed action is previously evaluated pursuant\nto the requirements of the California Environmental Quality Act (CEQA) and categorically\nexempt from the requirements of CEQA under Article II Section 2(i) and Article III Class\n1(14) of the Los Angeles City CEQA Guidelines; (2) approve Revocable License No.\n2022-10 with Fenix Marine Services, Ltd. and Center for Transportation and the\nEnvironment, Inc.; (3) authorize the Executive Director to execute and the Board\nSecretary to attest to the Revocable License; and (4) adopt Resolution\nNo.____________.\nCargo & Industrial Real Estate
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2. RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO\nMASTER JOINT REVOCABLE PERMIT NO. 09-17 AMONG PACIFIC PIPELINE\nSYSTEM LLC AND CITY OF LOS ANGELES HARBOR DEPARTMENT AND\nPORT OF LONG BEACH, AS JOINT OWNERS\nSummary: Staff requests approval of the First Amendment (Amendment) to Master Joint\nRevocable Permit No. 09-17 (MJRP) among Pacific Pipeline System LLC (Pacific), the\nCity of Los Angeles Harbor Department (Harbor Department or POLA), and the Port of\nLong Beach (POLB, and with POLA collectively Ports), as joint owners, for subsurface\npipeline facility segments owned and maintained by Pacific covering 13,075 square feet\nof area along the Alameda Corridor in Wilmington, Carson, and Compton; and on the\nSan Pedro Branch line in Wilmington, Long Beach, and South Gate. Staff further\nrequests approval of Pacific’s parent guaranty from Plains All American Pipeline, L.P\n(Parent Guaranty).Under the First Amendment, the following substantive changes are\nmade to the MJRP: 1) adds facilities located in the Ports’ right-of-way not previously\nincluded in the MJRP, increasing the total permit area from 8,935 square feet to 13,075\nsquare feet; 2) increases the monthly compensation to account for the addition of new\nfacilities and an adjustment to market rates; 3) revises the facilities index exhibits to list\nadditional facilities and expansion in square footage of the premises area; 4) updates\nthe map exhibit per the revised facilities index; and 5) adds a corporate guaranty from\nPacific’s parent entity. Currently, the Harbor Department receives rent of $389.51 per\nmonth under the MJRP. Under the proposed First Amendment, monthly rent will\nincrease by $839.91, or 216 percent, to $1,229.42 per month, or $14,753.04 per year,\nretroactive to 2018. Annual rent increases based upon the Consumer Price Index (CPI)\nwill be retroactively applied beginning in 2019, and annually thereafter. The First\nAmendment requires approval from both Ports’ Board of Harbor Commissioners. The\nPOLB Board of Harbor Commissioners approved this Amendment at its meeting held on\nMarch 24, 2022.\nRecommendation: Board resolve to (1) find that the Director of Environmental\nManagement has determined that the proposed action is categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Section 15301\nof the State CEQA Guidelines; (2) approve the First Amendment to Master Joint\nRevocable Permit No. 09-17 among Pacific Pipeline System LLC and the City of Los\nAngeles Harbor Department and Port of Long Beach, as joint owners; (3) authorize the\nExecutive Director to execute and the Board Secretary to attest to the First Amendment\nto Master Joint Revocable Permit No. 09-17; (4) approve the Parent Guaranty provided\nby Plains All American Pipeline, L.P. for Master Joint Revocable Permit No. 09-17; and\n(5) adopt Resolution No.____________.\nEnvironmental Management
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3. RESOLUTION NO. ____________ - APPROVAL OF THE FOURTH\nAMENDMENT TO GRANT AGREEMENT NO.17-3532 (CEC NO. ARV-16-026)\nWITH THE CALIFORNIA ENERGY COMMISSION FOR THE EVERPORT\nADVANCED CARGO HANDLING DEMONSTRATION PROJECT\nSummary: Staff requests approval of the proposed Fourth Amendment to California\nEnergy Commission (CEC) Grant Agreement No. 17-3532 (Agreement) for the Port of\nLos Angeles’ Everport Advanced Cargo Handling Demonstration Project (Project). The\nproposed Fourth Amendment will modify the project schedule and extend the term of the\nAgreement until October 31, 2023. The update to the project schedule and extension to\nthe term of the Agreement are due to COVID-19 and supply chain-related delays in the\nproject timeline. Additionally, the proposed Fourth Amendment will add special terms and\nconditions related to completion of tasks outlined in the scope of work, submission of final\nreport, deadline for grant reimbursement, and payment of liquidated damages if schedule\nrequirements are not met. All other terms and conditions of the Agreement will remain the\nsame. The City of Los Angeles Harbor Department (Harbor Department) has fulfilled its\ncost share responsibility under the grant by completing the electrical infrastructure\ndevelopment at Berths 226-236 in March 2022. Approval of the proposed Amendment\nwould obligate the Harbor Department to pay $452,400 in liquidated damages in the event\nthat the scope of work is not completed by October 31, 2023. The CEC has asked for the\nliquidated damages provision because they are agreeing to a schedule extension that will\nresult in a project completion date that is after the CEC’s final funding disbursement\ndeadline.\nRecommendation: Board resolve to (1) find that the Director of Environmental\nManagement has determined that the proposed action is administratively and\ncategorically exempt from the requirements of the California Environmental Quality Act\n(CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City\nCEQA Guidelines; (2) approve the proposed Fourth Amendment to Agreement No. 17-\n3532 between the City of Los Angeles Harbor Department and the California Energy\nCommission for the Port of Los Angeles’ Everport Advanced Cargo Handling\nDemonstration Project; (3); authorize the Executive Director to execute and the Board\nSecretary to attest to said amendment for and on behalf of the Board; and (4) adopt\nResolution No.____________.\nEnvironmental Management
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4. RESOLUTION NO. ____________ - APPROVAL OF THE THIRD AMENDMENT\nTO SUBRECIPIENT AGREEMENT NO.17-3533 WITH EVERPORT TERMINAL\nSERVICES INC., BYD MOTORS LLC, AND TAYLOR MACHINE WORKS, INC.\nSummary: Staff requests approval of the proposed Third Amendment to Subrecipient\nAgreement No. 17-3533 between the City of Los Angeles Harbor Department (Harbor\nDepartment), Everport Terminal Services, Inc. (Everport), BYD Motors LLC (BYD), and\nTaylor Machine Works, Inc. (Taylor) to develop and demonstrate five pieces of zero-\nemissions (ZE) cargo handling equipment for the Port of Los Angeles’ Everport Advanced\nCargo Handling Demonstration Project (Project). The proposed Amendment will modify\nthe project schedule, extend the term of the Agreement to October 31, 2023, and add\ncertain terms and conditions to align with proposed changes to the associated California\nEnergy Commission (CEC) Grant Agreement. The Fourth Amendment to CEC Grant\nAgreement No. 17-3532 will be considered by the Board of Harbor Commissioners\n(Board) under a separate board item. Project costs and participant commitments remain\nthe same. The Harbor Department has met its cost share responsibility under the grant\nby completing the electrical infrastructure development at Berth 226-236 in March 2022.\nRecommendation: Board resolve to (1) find that the Director of Environmental\nManagement has determined that the proposed action is administratively and\ncategorically exempt from the requirements of the California Environmental Quality Act\n(CEQA) under Article II Section 2(f) and Article III Class 6(2) of the Los Angeles City\nCEQA Guidelines; (2) approve the Third Amendment to Subrecipient Agreement No. 17-\n3533 between City of Los Angeles Harbor Department, Everport Terminal Services Inc.,\nBYD Motors LLC, and Taylor Machine Works, Inc.; (3) authorize the Board Secretary to\ntransmit said Amendment to the Los Angeles City Council for approval in accordance with\nCharter Section 373 and Los Angeles Administrative Code Section 10.5(a); (4) upon the\napproval of City Council in accordance with Los Angeles Administrative Code Section\n10.5(a), authorize the Executive Director to execute and the Board Secretary to attest to\nsaid Amendment for and on behalf of the Board; and (5) adopt Resolution\nNo.____________.\nRegular Item No. 5\nEnvironmental Management
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5. RESOLUTION NO. ____________ - ADOPTION OF THE FINAL INITIAL\nSTUDY/MITIGATED NEGATIVE DECLARATION FOR THE STAR-KIST\nCANNERY FACILITY PROJECT (LOS ANGELES HARBOR DEPARTMENT\nAPPLICATION FOR PORT PERMIT NO. 190311-032; STATE\nCLEARINGHOUSE NO. 2019129042)\nSummary: Staff requests adoption of the Final Initial Study/Mitigated Negative Declaration\n(IS/MND) for the proposed Star-Kist Cannery Facility Project (Project) along with\ncomments and responses to comments, and approval of the proposed Project as\ndescribed in the Final IS/MND. The proposed Project involves demolition of the former\nStar-Kist cannery facilities on an approximately 14-acre site on Terminal Island within the\nPort of Los Angeles (Port). For the purposes of this evaluation, it is assumed that the site\nwill be developed as a chassis repair and maintenance depot, which is consistent with\nthe Port Master Plan (PMP) designation of maritime support. The demolition area would\nbe covered with crushed miscellaneous base (CMB) until such time when the area is\nready for development. The City of Los Angeles Harbor Department (Harbor Department)\nhas attempted to reuse these facilities through the Request for Proposal process several\ntimes, and no viable options have been found. Demolition has been deemed necessary\nto create a parcel of land that is more marketable for future development, to reuse and\ncapitalize the site more efficiently, and to remove safety hazards posed from leaving the\ncannery buildings erect and vacant. This item was originally brought before the Board of\nHarbor Commissioners (Board) on October 20, 2022, with no Board vote taken. Since\nthat time, staff has been in communication with stakeholders to coordinate on actions to\ncommemorate Star-Kist’s association with the historic canning industry. Payment of the\ncosts associated with the Final IS/MND as well as the costs associated with the proposed\nProject and potential commemorative actions are the responsibility of the Harbor\nDepartment.\n5. (Continued)\nRecommendation: Board resolve to (1) find that, pursuant to the State California\nEnvironmental Quality Act Guidelines (CEQA) Section 15074, the Final Initial\nStudy/Mitigated Negative Declaration for the Star-Kist Cannery Facility Project, (a) has\nbeen completed in compliance with the State CEQA Guidelines and the Los Angeles City\nCEQA Guidelines; (b) was presented to the Board for review and was reviewed and\nconsidered by the Board prior to approving the Star-Kist Cannery Facility Project; and (c)\nreflects the independent judgment and analysis of the City of Los Angeles Harbor\nDepartment as the Lead Agency; (2) find that, based on the whole record before it,\nincluding (a) the information contained in this report and (b) the Final Initial\nStudy/Mitigated Negative Declaration for the Star-Kist Cannery Facility Project, the\nproposed Project would not have a significant effect on the environment pursuant to\nPublic Resources Code Section 21080 and State California Environmental Quality\nGuidelines Section 15070; (3) find that all information added to the Final Initial\nStudy/Mitigated Negative Declaration after the public review period, but before adoption,\nmerely clarifies, amplifies, or makes insignificant modifications, and that recirculation is\nnot necessary; (4) adopt the Final Initial Study/Mitigated Negative Declaration for the Star-\nKist Cannery Facility Project; (5) adopt he Mitigation Monitoring and Reporting Program\nas required by Public Resources Code Section 21081.6 and State California\nEnvironmental Quality Act Guidelines Section 15074. The Mitigation Monitoring and\nReporting Program is designed to ensure compliance with the mitigation measures\nadopted to mitigate or avoid significant effects on the environment, and identifies the\nresponsibilities of the City of Los Angeles Harbor Department as lead agency and other\napplicable entities, to monitor and verify project compliance with those mitigation\nmeasures and conditions of project approval; (6) authorize the Environmental\nManagement Division to file the Notice of Determination for the Star-Kist Cannery Facility\nProject with the Office of Planning and Research State Clearinghouse and the Los\nAngeles County Clerk; and (7) adopt Resolution No.____________.
#B
Order of Business
B. Executive Director Remarks
#C
Order of Business
C. Comment from the Public on Non-Agenda Items
#D
Order of Business
D. Report from the Neighborhood Council Representatives – An opportunity for\nNeighborhood Council representatives to provide remarks on Neighborhood\nCouncil Resolutions or Community Impact Statements filed with the City Clerk\nwhich relate to any agenda item listed or being considered on this agenda for the\nBoard of Harbor Commissioners.
#E
Order of Business
E. Reports of the Commissioners
#F
Order of Business
F. Board Committee Reports\n• Audit Committee Meeting of January 26, 2023\n• Alameda Corridor Transportation Authority Governing Board Meeting of\nFebruary 2, 2023
#H
Order of Business
H. Presentation\n• Marine Oil Terminals – Michael Galvin, Director of Waterfront & Commercial\nReal Estate
#I
Order of Business
I. Level I Coastal Development Permit\nNone
#J
Order of Business
J. Board Reports of the Executive Director\nConsent Items (1 - 4)\nCargo & Industrial Real Estate
#K
Order of Business
K. Closed Session