Los Angeles — 2023-04-27

1. DIRECTOR’S REPORT AND COMMISSION BUSINESS\n● Update on City Planning Commission Status Reports and Active Assignments\n● Legal actions and issues update\n● Items of Interest\n● Advance Calendar\n● Commission Requests

2. 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 item is taken for\nconsideration.

4. 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.

5. 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.

6. ADM-2022-6793-DB-HCA-1A Council District: 5 – Yaroslavsky\nCEQA: N/A Last Day to Act: 04-30-23\nPlan Area: Hollywood\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 1002 North Alfred Street\n(1000 – 1014 North Alfred Street; 8445 – 8447 West Romaine Street)\nPROPOSED PROJECT:\nConstruction, use, and maintenance of a new five-story, 56-foot tall apartment building containing 67 units.\nThe Project is setting aside six units for Very Low Income Households and one unit for Low Income\nHouseholds. The Project proposes to provide 43 automobile parking spaces within a subterranean parking\nlevel and will also provide a minimum of 46 long-term bicycle parking spaces and five short-term bicycle\nparking spaces. The proposed building will encompass approximately 52,041 square feet in total buildable\narea resulting in a Floor Area Ratio (FAR) of 3.72:1.\nAPPEAL:\nA partial appeal of the January 26, 2023, Director of Planning's determination which:\n1. Determined, based on the whole of the administrative record, that the Project is statutorily exempt\nfrom the California Environmental Quality Act (CEQA) as a ministerial project, pursuant to Government\nCode Section 65915(1)(5) and (j)(1) and California Public Resources Code Section 21080(b)(1);\n2. Approved with Conditions, pursuant to Section 12.22 A.25 of the Los Angeles Municipal Code (LAMC),\na ministerial review of a Density Bonus Compliance Review with a 35 percent Density Bonus (with 11\npercent of the base number of units set aside for Very Low Income Households), for a project totaling\n67 dwelling units, including six units for Very Low Income, for sale for a period of 55 years, along with\nthe following two On-Menu Incentives:\na. An On-Menu Incentive for an 11-foot increase in building height to permit a maximum building\nheight of 56 feet in lieu of the 45 feet otherwise permitted; and\nb. An On-Menu Incentive for a Floor Area Ratio (FAR) increase to permit a maximum FAR of 3.72:1\nin lieu of the 3:1 otherwise permitted; and\n3. Adopted the Conditions of Approval and Findings.\nCity Planning Commission 3 April 27, 2023\nApplicant: Brennen Hakimian, Brennen Hakimian Holdings LLC\nRepresentative: Warren Techentin, Warren Techentin Architecture\nAppellant: Suzanne Zachary, SDZ Properties, LLC\nStaff: Valentina Knox-Jones\nvalentina.knox.jones@lacity.org\n(213) 978-1741

7. CPC-2023-1083-CA Council District: All\nCEQA: ENV-2020-6762-EIR; ENV-2020-6762-EIR-ADD1 Last Day to Act: 06-30-23\nPlan Area: Citywide\nPUBLIC HEARING – Completed March 14, 2023\nPUBLIC HEARING REQUIRED\nPROJECT SITE: Citywide\nPROPOSED AMENDMENT:\nThe proposed amendment to the Site Plan Review Ordinance would amend Section 16.05 of the Los\nAngeles Municipal Code (LAMC) in order to streamline the permitting of new affordable housing units. The\nproposed amendment to the Site Plan Review Ordinance would exempt deed restricted affordable units\nfrom the 50-unit Site Plan Review threshold calculations.\nREQUESTED ACTIONS:\n1. Recommend that the City Council find, the Project was assessed in the Housing Element\nEnvironmental Impact Report (“EIR”) No. ENV-2020-6762-EIR, State Clearinghouse (SCH) No.\n2021010130 certified on November 29, 2021 and the Addendum (ENV-2020-6762-EIR-ADD1)\napproved June 14, 2022;\n2. Approve and Recommend that the City Council adopt the proposed Ordinance;\n3. Adopt the staff report as the Commission’s report on the subject;\n4. Recommend that the City Council instruct that the proposed Ordinance be incorporated into the New\nZoning Code, subject to changes to conform to the format and style of the New Zoning Code; and\n5. Adopt the Findings.\nApplicant: City of Los Angeles\nStaff: Jeanalee Obergfell, City Planning Associate\njeanalee.obergfell@lacity.org\n(213) 978-0092

8. CPC-2022-8179-CA Council District: All\nCEQA: ENV-2022-8180-CE Last Day to Act: 07-01-23\nPlan Area: Citywide\nPUBLIC HEARING – Completed February 8, 2023\nPROJECT SITE: Citywide\nPROPOSED AMENDMENT:\nCity Planning Commission 4 April 27, 2023\nThe proposed Al Fresco Ordinance would amend Sections 12.03, 12.10.5, 12.11.5, 12.12.2, 12.13,\n12.13.5, 12.14, 12.21, 12.21.1, 12.22, 12.24, and 16.02.1 of the Los Angeles Municipal Code (LAMC) to\nclarify and streamline Zoning Code regulations regarding outdoor dining on private property. As proposed,\noutdoor dining that complies with the applicable standards would be permitted as a by-right use in any\nzones where restaurants are currently permitted. Any outdoor alcohol service would continue to require\ncompliance with all applicable zoning regulations as stated in an existing or new discretionary approval or\nin compliance with the proposed ministerial approval.\nREQUESTED ACTIONS:\n1. Recommend that the City Council determine, based on the whole of the administrative record, that the\nProject is exempt from CEQA pursuant to California Public Resources Code Section 21080.25 and\nCEQA Guidelines, Section 15303 and Section 15311, and there is no substantial evidence\ndemonstrating that an exception to a Categorical Exemption pursuant to CEQA Guidelines, Section\n15300.2 applies;\n2. Approve and Recommend that the City Council adopt the proposed Ordinance;\n3. Recommend that the City Council instruct that the proposed Ordinance be incorporated into the New\nZoning Code (future Chapter 1A of the Los Angeles Municipal Code), subject to changes to conform\nto the format and style of the New Zoning Code;\n4. Adopt the Staff Recommendation Report as the Commission’s Report on the subject; and\n5. Adopt the Findings.\nApplicant: City of Los Angeles\nStaff: Bonnie Kim, City Planner\nbonnie.kim@lacity.org\n(213) 978-1330

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\nChina 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

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)

1. RESOLUTION NO. ____________ - APPROVAL OF THE SECOND AMENDMENT TO\nGRANT AGREEMENT NO. 19-3666 WITH THE CALIFORNIA ENERGY COMMISSION\nFOR THE ADVANCED INFRASTRUCTURE DEMONSTRATION PROJECT\nSummary: Staff requests approval of the proposed Second Amendment to Grant Agreement No.\n19-3666 between the City of Los Angeles Harbor Department and the California Energy\nCommission for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project. This\nproposed Second Amendment will modify the Agreement’s Schedule of Products and Due\nDates, modify the Special Terms and Conditions, and extend the term of the Agreement by\nfifteen months until June 30, 2025. The extension to the term of the Agreement addresses\nextended delays in the project timeline due to COVID-19 impacts on suppliers. The total cost of\nthe Project is estimated to be $11,349,155, of which the Harbor Department has committed\nmatching funds of $392,500.\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 Second Amendment to Agreement No. 19-3666 between the\nCity of Los Angeles Harbor Department and the California Energy Commission for the Port of\nLos Angeles’ Advanced Infrastructure Demonstration Project; (3) authorize the Executive\nDirector to execute and the Board Secretary to attest to said Second Amendment to Grant\nAgreement No. 19-3666 with the California Energy Commission for and on behalf of the Board;\nand (4) adopt Resolution No.____________.\nEnvironmental Management

10. RESOLUTION NO. ____________ - ADOPTION OF THE AMENDED 2023 BOARD OF\nHARBOR COMMISSIONERS MEETING CALENDAR\nRecommendation: Board resolve to (1) adopt subject Resolution No.____________.\nPort Pilots

11. RESOLUTION NO. ____________ - FIRST AMENDMENT TO THE ELIGIBLE

PURCHASER ORDER AUTHORIZED UNDER RESOLUTION NO. 22-9988 - BETWEEN\nTHE CITY OF LOS ANGELES HARBOR DEPARTMENT AND MOTOROLA\nSOLUTIONS, INC. FOR THE PURCHASE AND INSTALLATION OF AN UPDATED ALL-\nBAND RADIO SYSTEM\nSummary: Staff requests approval of the First Amendment to the Eligible Purchaser Order\nauthorized under Resolution No. 22-9988 (Eligible Purchaser Order) between the City of Los\nAngeles Harbor Department (Harbor Department) and Motorola Solutions, Inc. (Motorola). The\nscope of Resolution No. 22-9988 is for the purchase and installation of an updated all-band radio\ncommunications system for Port Pilots. The term of the agreement is three years commencing\non May 9, 2022 and expiring on May 8, 2025. The current not-to-exceed amount is $1,368,570.\nThe proposed amendment will increase the not-to-exceed amount of the agreement by $130,001\nto $1,498,571. This increase will allow for change orders unforeseen before the execution of the\noriginal agreement. The proposed amendment will also amend the scope of work to include the\nfirst change order in the agreement. The Harbor Department will be financially responsible for\nexpenses incurred under the proposed amendment.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f)\nand Article III Class 1(1), Class 1(6), Class 2(2), and Class 3(4) of the Los Angeles City CEQA\nGuidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the\nservices required can be performed more feasibly by an outside contractor than by City\nemployees; (3) approve the proposed First Amendment to Eligible Purchaser Order authorized\nunder Resolution No. 22-9988 between the City of Los Angeles Harbor Department and\nMotorola Solutions, Inc.; (4) authorize the Executive Director to execute and the Board Secretary\nto attest to said Agreement for and on behalf of the Board; and (5) adopt Resolution\nNo.____________.\nCargo Marketing

12. RESOLUTION NO. ____________ - APPROVAL OF FIRST AMENDMENT TO\nFOREIGN-TRADE ZONE (FTZ) OPERATING AGREEMENT NO. 18-3563, BETWEEN\nTHE CITY OF LOS ANGELES HARBOR DEPARTMENT AND FEDEX TRADE\nTRANSPORT AND BROKERAGE, INC., FTZ 202, SITE 52\nSummary: Staff requests approval of a First Amendment to Foreign-Trade Zone (FTZ) Operating\nAgreement No. 18-3563 between the City of Los Angeles Harbor Department (Harbor\nDepartment) and FedEx Trade Transportation and Brokerage, Inc. (FedEx) to continue operating\nits facility within FTZ 202, Site 52, located at 17120 South Main Street, Gardena, CA 90248. The\nHarbor Department, as the FTZ Grantee, establishes Operating Agreements with FTZ site\noperators to oversee their FTZ operations. FTZ Operating Agreement No. 18-3563 is currently\nscheduled to expire on April 30, 2023. The First Amendment will extend the term of the Operating\nAgreement by five years. FedEx requests to continue operating its warehouse as an FTZ\nwarehouse. The Harbor Department must execute the First Amendment to extend the\nAgreement, as required by the FTZ Board. Site 52 consists of a 7.35-acre site that includes a\nwarehouse and office space located 10 miles from the Port of Los Angeles. FedEx will operate\nits facility under FTZ procedures as a multi-usage site. If the proposed amendment is approved,\nthe Harbor Department will receive $7,750 annually from FedEx.\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 proposed First Amendment to Foreign-Trade Zone Operating\nAgreement No. 18-3563 between the City of Los Angeles Harbor Department and FedEx Trade\nTransportation and Brokerage, Inc.; (3) direct the Board Secretary to transmit the proposed First\nAmendment to Foreign-Trade Zone Operating Agreement No. 18-3563 to the Los Angeles City\nCouncil for approval pursuant to Section 373 of the Charter of the City of Los Angeles and\nSection 10.5 of the Los Angeles Administrative Code; (4) authorize the Executive Director to\nexecute and the Board Secretary to attest to the proposed First Amendment to Foreign-Trade\nZone Operating Agreement No. 18-3563; and (5) adopt Resolution No.____________.\nCargo Marketing

13. RESOLUTION NO. ____________ - APPROVE THE CALIFORNIA ASSOCIATION OF\nPORT AUTHORITIES (CAPA) FEDERAL MARITIME COMMISSION AGREEMENT NO.\n224-007345 BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND\nOTHER CAPA MEMBER PORTS\nSummary: Staff requests approval of an updated California Association of Port Authorities\n(CAPA) Federal Maritime Commission (FMC) Agreement No. 224-007345 (Agreement) between\nthe City of Los Angeles Harbor Department, operating as the Port of Los Angeles (Port), and 10\nother CAPA Member Ports. This Agreement enables the parties to meet, discuss, and exchange\nideas to foster economic growth and provide greater economic benefits to Member Ports and\nthe public. On December 2, 2021, the Board of Harbor Commissioners (Board) approved a prior\nversion of the Agreement. Since that time, an update to implement additional changes\nnecessary to further modernize the parameters of the Agreement was needed, requiring staff to\nseek Board approval. The FMC filing fee associated with this Agreement is the financial\nresponsibility of CAPA and would be borne as an administrative expense.\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 updated California Association of Port Authorities Federal\nMaritime Commission Agreement No. 224-007345 between the City of Los Angeles and other\nCAPA Member Ports, as listed on the Agreement; (3) authorize the Executive Director to execute\nand the Board Secretary to attest to said Agreement, for and on behalf of the Board; (4) authorize\nthe Executive Director to approve the proposed California Association of Port Authorities Bylaws\non behalf of the Board; and (5) adopt Resolution No.____________.\nCargo & Industrial Real Estate

14. RESOLUTION NO. ____________ - APPROVE THE FIRST AMENDMENT TO PERMIT\nNO. 953 WITH EVERGLADES COMPANY TERMINAL, INC.\nSummary: Staff requests approval of the First Amendment to Permit No. 953 (Permit 953)\nbetween Everglades Company Terminal, Inc. (Everglades) and the City of Los Angeles Harbor\nDepartment (Harbor Department), which would extend the term by two years, for a total\naggregate term of five years. Under the proposed First Amendment, the expiration date would\nchange from October 10, 2024, to October 10, 2026. All other terms, conditions, and obligations\nwould remain unchanged.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is generally and categorically exempt from the requirements\nof the California Environmental Quality Act (CEQA) under Article III Class 1(14) of the Los\nAngeles City CEQA Guidelines; (2) approve the First Amendment to Permit No. 953 with\nEverglades Company Terminal, Inc.; (3) authorize the Executive Director to execute and the\nBoard Secretary to attest to the First Amendment; and (4) adopt Resolution No.____________.\nRegular Items (15 – 17)\nWaterfront & Commercial Real Estate

15. RESOLUTION NO. ____________ - APPROVE SIXTH AMENDMENT TO AMENDED\nAND RESTATED LEASE NO. 904A WITH ALTASEA AT THE PORT OF LOS ANGELES\nSummary: Staff requests approval of the Sixth Amendment to Amended and Restated Lease\n904A with AltaSea at the Port of Los Angeles. The premises, located at City Dock No. 1 and\nconsisting of 32.13 acres, is for water-dependent, academic, and governmental uses, and\nhouses a non-profit and for-profit marine research facility. The proposed Sixth Amendment\nincludes: revisions to the City of Los Angeles Harbor Department’s monetary contribution\ntowards improvements at Warehouses 58-60, deletion of the Parcel 56 Engagement Center\nProject, and addition of an adjacent parcel at Berth 56 that was recently vacated by the California\nDepartment of Fish and Wildlife. Approval of the proposed Amendment is not expected to\nchange the total amount of the Harbor Department’s $36,660,000 monetary commitment under\nLease No. 904A.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f)\nand Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the Sixth\nAmendment to Amended and Restated Lease No. 904A with AltaSea at the Port of Los Angeles;\n(3) direct the Board Secretary to transmit the Sixth Amendment to Amended and Restated Lease\nNo. 904A to the City Council for approval pursuant to Section 606 of the City Charter; (4)\nauthorize the Executive Director to execute and the Board Secretary to attest to the Sixth\nAmendment to Amended and Restated Lease No. 904A upon approval by City Council; and (5)\nadopt Resolution No.____________.\nLabor Relations & Government Affairs

16. RESOLUTION NO. ____________ - APPROVAL OF AGREEMENT BETWEEN THE\nCITY OF LOS ANGELES HARBOR DEPARTMENT AND THE CALIFORNIA\nWORKFORCE DEVELOPMENT BOARD FOR FUNDING OF THE GOODS MOVEMENT\nTRAINING CAMPUS\nSummary: Staff requests approval of an Agreement between the City of Los Angeles Harbor\nDepartment (Harbor Department) and the California Workforce Development Board (CWDB) for\nacceptance of $110 million in state funds for development and construction of the Port of Los\nAngeles and Port of Long Beach Goods Movement Training Campus (Campus). The Campus\nwill be a twenty-acre facility located on Harbor Department property on Anchorage Road in\nWilmington. The Harbor Department estimates the construction cost of the Campus to be $150\nmillion. The State of California, through a budget line item in the Fiscal Year (FY) 2022-23 state\nbudget, approved an allocation of $110 million of state funds, or approximately 73.3% of the\nestimated construction cost, for the construction of the Campus. For the Harbor Department to\nreceive the funds, it is required to enter into an agreement with the CWDB to accept the funds.\nThe Harbor Department will be financially responsible for the payment of any costs not covered\nby state funds accepted 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) approve the Standard Agreement STD 213 and Agreement Summary\nSTD 215 with the California Workforce Development Board; (3) authorize the Executive Director\nto execute and the Board Secretary to attest to the Agreement with the California Workforce\nDevelopment Board; and (4) adopt Resolution No.____________.\nConstruction

17. RESOLUTION NO. ____________ - AWARD AND APPROVAL OF CONSTRUCTION\nCONTRACT. CONTRACTOR: GRIFFITH COMPANY. SAN PEDRO WATERFRONT\nBERTHS 74-83 PROMENADE PHASE II. SPECIFICATION NO. 2811\nSummary: Staff requests approval of an award of a contract (Contract) to Griffith Company\n(Griffith) for the San Pedro Waterfront Berths 74-83 Promenade Phase II (Project) as part of the\noverall Ports O’Call redevelopment project with San Pedro Public Market LLC (also known as\nthe West Harbor Redevelopment). The Project consists of construction of a 30-foot-wide public\npromenade, site remediation, and building demolition. The lowest responsive and responsible\nbidder is Griffith, located at 12200 Bloomfield Ave., Santa Fe Springs, California. The Contract\namount of $24,336,722, plus a 10% contingency, is $26,770,394.20, and the Contract duration\nis 660 calendar days. Payment of expenses incurred under the Contract is the financial\nresponsibility of the Harbor Department.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action has been previously evaluated pursuant to the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(i) of\nthe Los Angeles City CEQA Guidelines; (2) find that, in accordance with the Los Angeles City\nCharter Section 1022, work under the subject Contract can be performed more feasibly by an\nindependent contractor rather than by City employees; (3) award and approve, Specification No.\n2811 for Item Nos. 1 through 53 of the Bid Proposal Line Items to Griffith for a total authorization\nof $26,770,394.20 and a total term of 660 calendar days; (4) authorize the Executive Director to\nexecute and the Board Secretary to attest to this Contract for and on behalf of the Board; (5)\ndelegate and authorize the Executive Director to adjust the final bid quantities and accept the\nconstruction Contract upon its completion in accordance with City Charter Section 655 (g); and\n(6) adopt Resolution No.____________.

2. RESOLUTION NO. ____________ - APPROVAL OF THE FIRST AMENDMENT TO\nSUBRECIPIENT AGREEMENT NO. 20-3723 WITH WEST BASIN CONTAINER\nTERMINAL AND WIRELESS ADVANCED VEHICLE ELECTRIFICATION, LLC. FOR\nTHE ADVANCED INFRASTRUCTURE DEMONSTRATION PROJECT\nSummary: Staff requests approval of the First Amendment to Subrecipient Agreement No. 20-\n3723 (Agreement) for the Port of Los Angeles’ Advanced Infrastructure Demonstration Project\n(Project) with West Basin Container Terminal (WBCT) and Wireless Advanced Vehicle\nElectrification (WAVE), LLC. This Project is funded under a Grant Agreement with the California\nEnergy Commission (CEC), Agreement No. 19-3666. An amendment to Agreement No. 19-3666\nis being considered under a separate Board Action. This First Amendment to Subrecipient\nAgreement No. 20-3723 will extend the term of the Agreement until June 30, 2025, incorporate\nscope of work changes made to Grant Agreement No. 19-3666 and change the name of\nSubrecipient Wireless Advanced Vehicle Electrification, Inc. to Wireless Advanced Vehicle\nElectrification, LLC. The extension to the Agreement term addresses extended delays in the\nproject timeline due to COVID-19 impacts on suppliers. Additionally, the First Amendment\naddresses an assignment of the Agreement from WAVE Inc. to WAVE, LLC. due to changes in\nthe entity’s business status. All other terms and conditions of the Agreement remain the same.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed project 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 First Amendment to Agreement No. 20-3723 among the City\nof Los Angeles Harbor Department, West Basin Container Terminal, and Wireless Advanced\nVehicle Electrification, LLC. for the Port of Los Angeles’ Advanced Infrastructure Demonstration\nProject; (3) direct the Board Secretary to transmit the First Amendment to the City Council for\napproval pursuant to City Charter Section 606; (4) authorize the Executive Director to execute\nand the Board Secretary to attest to said First Amendment to Grant Agreement No. 20-3723 with\nthe California Energy Commission for and on behalf of the Board and (5) adopt Resolution\nNo.____________.\nEnvironmental Management

3. RESOLUTION NO. ____________ - FIRST AMENDMENT TO REIMBURSEMENT\nAGREEMENT NO. 20-3762 WITH PHILLIPS 66 COMPANY\nSummary: Staff requests approval of the proposed First Amendment to the Phillips 66 Company\n(Phillips 66) Reimbursement Agreement No. 20-3762 (Agreement) to reimburse the City of Los\nAngeles Harbor Department (Harbor Department) 100% of staff and consultant costs associated\nwith the preparation of an environmental assessment. The assessment relates to the installation\nof a new berthing system and structural wharf repairs at the Port of Los Angeles Berths 148-149\nand construction of a new Marine Oil Terminal Engineering and Maintenance Standards\n(MOTEMS) compliant wharf at Berths 150-151 (Project) as required by the California State\nLands Commission (CSLC). The proposed First Amendment would extend the duration of the\nexisting Agreement by an additional two years, from three years to five years as proposed. No\nother modifications are proposed. Phillips 66 will ultimately be financially responsible for\npayment of expenditures incurred under the Agreement.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively exempt from the California\nEnvironmental Quality Act (CEQA) in accordance with Article II Section 2(f) of the Los Angeles\nCity CEQA Guidelines; (2) approve the First Amendment to the Phillips 66 Company\nReimbursement Agreement No. 20-3762; (3) direct the Board Secretary to transmit said\nAgreement to the Los Angeles City Council for approval pursuant to Section 373 of the Charter\nof the City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (4)\nauthorize the Executive Director to execute and the Board Secretary to attest to, said Agreement\nfor and on behalf of the Board; and (5) adopt Resolution No.____________.\nWaterfront & Commercial Real Estate

4. RESOLUTION NO. _____________ - APPROVE PERMIT NO. 960 WITH CABRILLO\nBEACH YACHT CLUB\nSummary: Staff requests approval of the proposed successor Permit No. 960 (P960) with\nCabrillo Beach Yacht Club (CBYC) over a 30-year term for use of City of Los Angeles Harbor\nDepartment (Harbor Department) property located at 211 W. 22nd Street, San Pedro. CBYC\ncurrently occupies 403,909 square feet of land and water space at 211 W. 22nd Street, San\nPedro, for operation of a yacht club, recreational marina, and a youth sailing program. CBYC is\nproposing to utilize the premises for operation, maintenance, and construction of structures and\nfacilities for berthing and dry storage of pleasure craft, anchorage office and restrooms, vessel\nsewage pump out, yacht club center, sale of marine hardware, supplies and equipment, sundry\nitems, refreshment and soft drinks, vessel brokerage, and for incidental purposes. Under the\nproposed P960, minimum annual rent will be $278,903.28, or $23,241.94 per month, and\nincreased annually by the greater of zero percent or the annual change in the Consumer Price\nIndex (CPI). This rent level represents an increase of $15,977.04 per year, or 6.1 percent,\nrelative to the minimum annual rent of $262,926.24 currently received under Concession\nAgreement 517 (CA 517). CBYC will continue to be subject to percentage rent ranging from 5\n– 25 percent of gross income, and rent will continue to be subject to five-year compensation\nresets. Under the proposed P960, CBYC will also take possession of 18,672 square feet of\nHarbor Department property adjacent to CBYC’s existing premises under CA 517. The\nincorporation of this parcel into CBYC’s premises will relieve the Harbor Department of ongoing\nmaintenance expenses associated with maintaining the hillside, gazebo and stairway included\ntherein.\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(14) of the Los Angeles\nCity CEQA Guidelines; (2) approve Permit No. 960 with Cabrillo Beach Yacht Club; (3) direct\nthe Board Secretary to transmit Permit No. 960 to the City Council for approval pursuant to\nSection 606 of the City Charter; (4) authorize the Executive Director to execute and the Board\nSecretary to attest to Permit No. 960 upon approval by the City Council; and (5) adopt Resolution\nNo.___________.\nCargo & Industrial Real Estate

5. RESOLUTION NO. _______________ - APPROVE THE CONSENT TO MERGER OF\nPERMIT NO. 931 AND APPROVE THE ORDER CONSENTING TO THE MERGER OF\nPRAXAIR, INC, THE TENANT UNDER PERMIT NO. 931\nSummary: Staff requests approval of the Consent to Merger of Permit No. 931 (Permit) between\nPraxair, Inc., now known as Linde Inc., and the City of Los Angeles Harbor Department (Harbor\nDepartment). In February 2018, at the time of presenting the successor Praxair Permit for\napproval, staff informed the Board of the pending merger between Praxair and Linde awaiting\napproval by regulatory agencies. The merger has been completed as further described below;\nPraxair, now known as Linde Inc. (Linde) has affirmed and given assurances that it is and shall\ncontinue to be bound by and assume and perform all the obligations, terms conditions and\ncovenants of Tenant under Permit No. 931 from the effective date of the Permit. Staff has\nreviewed financial information pertaining to Linde (formerly known as Praxair) and has observed,\namong other things, that key liquidity, leverage, and profitability metrics have all improved, and\nit appears that Linde continues to possess a sufficient amount of financial wherewithal to fulfill\nits obligations under Permit No. 931.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and categorically exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f)\nand Article III Class 1(14) of the Los Angeles City CEQA Guidelines; (2) approve the Consent to\nMerger - Permit No. 931; (3) approve the Order accompanying the Consent to Merger - Permit\nNo. 931; (4) authorize the Executive Director to execute and the Board Secretary to attest to the\nConsent to Merger – Permit No. 931; (5) authorize the Board Secretary to attest to the Order;\nand (6) adopt Resolution No.____________.\nWaterfront & Commercial Real Estate

6. RESOLUTION NO. ____________ - ORDER CONSENTING TO THE TRANSFER OF\nMAJORITY SHARES (CONTROL) OF FRS CAPITAL CORP. (UPSTREAM PARENT OF\nSSA PACIFIC, INC. - PERMIT NO. 907) TO BLACKSTONE INFRASTRUCTURE\nPARTNERS, L.P.\nSummary: Staff requests approval of the proposed Order consenting to the transfer of a majority\nof the shares (control) of FRS Capital Corp. (FRS) from the current shareholder to Blackstone\nInfrastructure Partners, L.P. (Blackstone). Blackstone owns FRS through various affiliated\ncompanies and FRS indirectly owns 100 percent of the outstanding equity interest of City of Los\nAngeles Harbor Department (Harbor Department) tenant, SSA Pacific, Inc. (SSA) and the\nleasehold interest in Permit No. 907. This transfer of the majority shares and controlling interest\nof FRS and ultimately SSA to Blackstone results in Blackstone owning 75.5 percent of the\noutstanding shares in FRS. This transfer does not affect any other leasehold under the control\nof the Harbor Department. This request to consent was not presented earlier due to various\ndelays in receiving pertinent information related to the transaction and limited staffing resources\nthat was caused by the Covid-19 Pandemic. In a separate action, staff will request approval to\nextend Permit No. 907 with SSA for five years, with mutual options for another five years.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed actions are 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 consenting to the transfer of majority shares of FRS\nCapital Corp. from the current shareholder to Blackstone Infrastructure Partners, L.P.; (3)\nauthorize the Executive Director to execute and the Board Secretary to attest to the Order\nconsenting to the transfer of majority shares (control) of FRS Capital Corp. from the current\nshareholder to Blackstone Infrastructure Partners, L.P.; and (4) adopt Resolution\nNo.____________ and Order No.__________.\nWaterfront & Commercial Real Estate

7. RESOLUTION NO. ____________ - APPROVAL OF THIRD AMENDMENT TO PERMIT\nNO. 907 WITH SSA PACIFIC, INC.\nSummary: Staff requests approval of the proposed Third Amendment to Permit No. 907 (P907)\nbetween the City of Los Angeles Harbor Department (Harbor Department) and SSA Pacific, Inc.\n(SSA), a Washington Corporation, for the extension of P907 by five years with one mutual option\nto extend the permit by an additional five years. The Harbor Department granted SSA P907 on\nNovember 19, 2014, for use of approximately 14.72 acres of property located at Berths 53-55\nand adjacent wharf and backland (Fruit Terminal) for the docking of vessels for the assembling,\ndistributing, loading, and unloading of palletized fresh fruit cargo. The First Amendment to P907\nreduced SSA’s premises by 0.76 acres; the Second Amendment extended the permit to October\n31, 2022; and the proposed Third Amendment will again extend the permit to October 31, 2027.\nCompensation will be adjusted by the change in the Consumer Price Index (CPI) beginning\nOctober 31, 2023, and annually thereafter with compensation resets occurring every five years.\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(14) of the Los Angeles\nCity CEQA Guidelines; (2) find that the expected rate of return of 4.9 percent is reasonable given\nthe seasonal use of Berths 53-55 and adjacent wharf and backland due to the unique nature of\nthe break-bulk fruit operations, the density of high-paying seasonable jobs in the local area, the\nneed for such a facility at the Port of Los Angeles to support the U.S. West Coast market, the\nexisting condition of the premises including the restrictive load limits on the wharf, and the ability\nto use the premises during the remainder of the year for other Port of Los Angeles requirements;\n(3) approve the Third Amendment to Permit No. 907 with SSA Pacific, Inc; (4) direct the Board\nSecretary to transmit the proposed Permit with SSA Pacific, Inc. to the City Council for approval\npursuant to Section 606 of the City Charter; (5) authorize the Executive Director to execute and\nthe Board Secretary to attest to the Third Amendment of Permit No. 907; and (6) adopt\nResolution No.____________.\nPort Police

8. RESOLUTION NO. ____________ - MEMORANDUM OF AGREEMENT BETWEEN\nTHE LOS ANGELES HARBOR DEPARTMENT ON BEHALF OF THE LOS ANGELES\nPORT POLICE AND THE FEDERAL CORRECTIONAL INSTITUTION TERMINAL\nISLAND FORMALIZING JOINT AGENCY PRACTICES AND AGENCY\nRESPONSIBILITIES WITH REGARDS TO MUTUAL ASSISTANCE DURING UNUSUAL\nOCCURENCES\nSummary: Staff requests approval of a Memorandum of Agreement (MOA) between the City of\nLos Angeles Harbor Department (Harbor Department), on behalf of the Los Angeles Port Police\n(LAPP), and United States Department of Justice, Federal Bureau of Prisons, Federal\nCorrectional Institution, Terminal Island (FCI Terminal Island), to formalize joint agency practices\nand agency responsibilities with regard to law enforcement response during a natural disaster\nand/or law enforcement emergency. This proposed MOA is for a three-year term and will\nestablish the various duties and responsibilities of each agency, in fulfilling their respective public\nsafety, law enforcement, emergency management, and joint operations. The approval of this\nproposed MOA will have no financial impact on the Harbor Department, as there are no costs\nand or revenues associated with this action.\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 Memorandum of Agreement between the City of Los Angeles\nHarbor Department and the United States Department of Justice, Federal Bureau of Prisons,\nFederal Correctional Institution, Terminal Island to formalize the understanding between the Los\nAngeles Port Police and the Federal Correctional Institution, Terminal Island formalizing joint\nagency practices and agency responsibilities with regard to law enforcement response\noperations in the Harbor District for a term of three-years; (3) authorize the Executive Director\nto execute, and the Board Secretary to attest to, the proposed Memorandum of Agreement for\nand on behalf of the Board; and (4) adopt Resolution No.____________.\nPort Police

9. RESOLUTION NO. ____________ - AWARD OF CONTRACT NO. 39996 TO ZONES,\nLLC FOR THE PURCHASE OF MOBILE DATA COMPUTERS FOR PORT POLICE\nPATROL VEHICLES, VESSELS, AND MOTORCYCLES\nSummary: Staff requests approval of Contract No. 39996 with Zones, LLC, Cerritos, CA for the\npurchase of Dell Latitude tablets and components to replace the Dell Latitude laptop mobile\ndata computers (MDC) currently installed in the Los Angeles Port Police (Port Police) vehicles,\nvessels and motorcycles. The contract with Zones, LLC is outlined in Formal Bid Request\nNumber F-1154. The total contract amount is $385,011.61 plus applicable taxes. The\nrequested equipment will replace outdated hardware. The MDCs currently installed are no\nlonger covered under warranty and are not capable of facilitating planned mobile technology.\nThe contract includes Dell ruggedized tablets, accessories, components, and hardware\nwarranty for the first year, and 3 years of ProSupport Plus. The Harbor Department will be\nfinancially responsible for the payment of goods under the approved contract.\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) award and approve Contract No. 39996 to Zones, LLC for the purchase\nof Dell Latitude tablets and components for Port Police vehicles, vessels and motorcycles in the\namount of $385,011.61 plus applicable taxes; (3) authorize the Executive Director to execute\nand the Board Secretary to attest to Contract No. 39996 for and on behalf of the Board; and (4)\nadopt Resolution No.____________.\nCommission Office

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\n• Clean Truck Fund Rate Collection Spending Plan Update – Chris Cannon, Director\nof Environmental Management

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Items (1 – 14)\nEnvironmental Management

K. Closed Session